same Woman and for lack of â—uch Heir to the next Kinsman of the said Husband we do find that the Custom of the Mannor is and so waâ— meant to have been declared by the said Article that after the Death of such a Woman such Tenements shall disiend to the Heirs of the same Husband according to the course of the common Law and not otherwise And whereas by the Thirteenth Article of the same Indenture it is declared that all Tenants by their Custom may fell Woods Timber or Trees upon their Tenement we do not find it warranted by any Rolls or other proof that any Tenant holding by free Bench or other wayes for Life may fell any Woods Timber or Trees except for their necessary Boots to be spent and imployed upon the said Tenements and therefore we hold it meet that the said Article as to so much thereof as concerneth the felling any Wood Timber or Trees to be explained not to extend but only to such Tenants as have Estates of Inheritance And where in the same Thirteenth Article of the Indenture it is declared that every Customary Tenant may beâ— and Let his Lands without Licence we find the same Custom warranted by sundry proofs howbeit we find it proved that such Lease is to hold no longer then to the Feast of St Michael the Arch-Angel next after the Death of him or her that made it and in cause of Death to be determined at Michaelmas after such Death or by Surrender or Forfeiture of the Estate in the mean time for what term of Years soever the said Lease be made and so much we hold meet to be added in the explaination of the said Article And where by the Twentieth Article of the same Indenture it is declared how and in what sort the Daughters of any Customary Tenant of the said Mannor ought to divide the Inheritance of their Ancestors we hold it meet to be added by way of explaination of the said Article that in case any one or more of the said Daughters of such Copy-holders happen to dye either in the life time or after the death of such Copy-holder that the Heir or Heirs of her or them so dying ought to have the like benefit in every respect for and touching any thing contained in the said Article as the Party or Parties dying should or ought to have had if he or they had happened to live And concerning the Fourteenth and Five and Twentieth Article of the said Indenture we do not find the same warranted by any proofs nor do hold them fit to be coutinued but are of opinion that the same shall be henceforth utterly disallowed But concerning the rates of Fines both upon Death and Surrender being the matter chiefly controverted between the said Lord and Tenants we find proved both by deposition of Witnesses and by sundry Copies and Rolls of the times of King Edward the Sixth Queen Mary and Queen Elizabeth and some of antienter times that the Tenants upon Surrenders used to pay four Years Rent for their Fines and upon decent one Years Rent for their Fines and in this we find a very constant course with little or no variance for Threescore Years now past or more until by the said Indenture the Fines upon Surrenders were raised from four unto seven Years Rent at which rate they have continued ever since the making of the said Indenture and therefore we are of opinion that it is very meet that the Fines of the Tenants of the said Mannor shall be continued and payed in certainty according to the said Indenture and that no further question be hereafter moved by the Lords of the said Mannor that are or shall be concerning the said point of incertainty of Fine after consideration had of all which things we found some difficulty how to compose the said cause unless we could settle some other Questions not mentioned in the said Indenture between the said Lord and Tenants and therefore by assent and with the good liking of all the said Parties we took consideration thereof also and to that purpose whereas some question hath been between the said Lord and Tenants for that the Lord claimed to have the wardship of the said Tenants Heirs being within Age to his own use for as much as it appeared to us that upon that point there hath been a Tryal by verdict at the common Law which past against the Lord we hold it meet that the Lord for the time being be henceforth for ever excluded to have any further benefit or power by colour or pretence of such ward but only the committing of such Heir to some of his near Kindred by the advice of the Homage for which commitment the Lord for the time being shall have for a Fine three Years Rent and no more saving one Years Rent more which the Lord is also to have in every such cause in respect of the dissent to the Heir and if any Lands shall afterwards defend to such Heir during his non age then the Lord shall have the like Fine and Fines in every respect according to the Rent of the Land so newly descended as he had or shall have upon the first commitment And whereas there are within the said Mannor sundry Lands called by the name of the Demeasue Lands which we find hath been time out of mind accustomed to pass by Copy and nevertheless because they are called Demeasues the Lord hath of late made question whether they are grantable by Copy or not a thing in our opinions of small weight to shake the validity of a thing so long continued And there also within the said Mannor certain Lands called Chantry-Lands which being but of small quantity and lying intermixed amongst the Copy-holds of the said Mannor have of long time been granted by Copy of Court Roll. And there is also a certain Ground called Wickerige-hill which the Lord Pretendeth hath been parcels of the Waste of the said Mannor but we find that by long continued usage the Tenants have enjoyed several parcels thereof as part of their Tenements which they hold by Copy we are of opinion that it is meet that the same Demeasue-Lands and Chantry-Lands shall be accounted and enjoyed as Copy-hold by the respective owners thereof And that the said parcel of Wickerige-hill shall be for ever here after likewise enjoyed by the respective Owners and Possessors thereof in like sort as now it is without further claim let or interuption of the said Henry Jernegan or of any other that shall be Lord of the said Mannor saving that the Lord may put in his Cattel there as a Commoner at all times when the same Ground shall lie fallen or otherwise open to the Waste next adjoyning thereunto And whereas their is another question between the said Lord and Tenants touching the Fines to be payed to the Lord upon any exchange of any Land to be made amongst the Tenants we find that the said Tenants have used to make such
the said Tenants and their Heirs and Assigns willingly as to his late Father and Mother and others of his Ancestors hath been heretofore shewed done and accomplished at the humble Suit and Petition of all the said Tenants tendered and exhibited to the said Henry Jernegan the Twentieth day of March before the date of these presents by the mediation of John Dereham Gentleman Serveyor general to the said Henry Doth by these presents for him and his Heirs Ratifie Confirm and Establish these Articles as in this Indenture are expressed to stand be and remain as true and perpetual Articles of the Custom of the Mannor of Paynswick aforesaid I. Imprimis The Custom is and time out of mind hath been that the Tenants of the said Mannor do hold their Massuages Lands and Tenements by Copy of Court Roll Sibi suis whereby they have an Estate of Inheritance to them and their Heirs according to the Custom of the said Mannor there II. Item The Customary Tenants there from time out of mind have used and ought to pay their Rents yearly at four Terms in the year usual and accustomed viz. The Annutiation of our Lady the Nativity of Saint John Baptist Saint Michael the Arch-Angel and the Birth of our Lord and shall have a Reeve to gather the same after the Custom of the said Mannor and the same Rents shall pay to the Lord or his Officers accordingly within Eight and Twenty days next after every of the said Feasts III. Item That one of the Customary Tenants being an Homager ought to be Reeve and to collect and gather the Customary Rents Revenes and Profits of the said Mannor and shall pay the same to the Lord or his Officers within Eight and Twenty days next after every of the said Feasts of the Anuntiation of our Lady the Nativity of Saint John Baptist Saint Michael the Archangel and the Birth of our Lord where the Lord or his Officers shall appoint by his or their Precept and also against every audit of the Lord to be kept for the said Mannor shall gather and leavy the extract of the Court and make a true Account thereof and pay the same at the Lords Audit yearly which Reeve ought to be elected and chosen yearly by the Homage of the said Mannor for if such Reeve so elected shall happen to Imbessel or Waste the Lords Rent Revenues and Profits of the said Mannor that then the said Tenants are bound by their Custom to answer the Lord the same Rent Revenues and Profits at the days and times aforesald IV. Item The Reeve upon his Account ought to have allowance of Six and Twenty Shillings Eight Pence for his pains-taking in gathering of the said Rents which allowance hath been used time out of mind V. Item There are certain other Lands called the Thirteens the Tenants whereof by the Custom are bound to carry Venison for the Lord into such place or places as the Lord shall appoint them by the space of one day and a night a piece at their own charges or else to stand to a yearly Fine of eight Pence to the use of the Lord of the Mannor at the Election of the Lord. VI. Item The Tenants by their Custom time out of mind used may give and sell their Customary Lands at their will and pleasure making a surrender of the same either in open Court to the hands of the Steward for the time being or else out of the Court into the hands of the Reeve of that year or his Deputy in the presence of two Customary Tenants of the same Mannor and the same surrender must be presented at the next Court or else the Surrender to be void and upon every Surrender so made and presented in Court the Lord is to have an Heriot if the Land be Heriotable that is to say for every yard and half yard of Land which the Tenants hold to give or pay the best quick Cattle and in default of such Cattle the best Household stuff or Goods of what kind soever VII Item That upon every decent of any Customary Lands of Inheritance the Lord is to have one years Rent for his Fine and a Heriot in mannor aforesaid if the Land be heriotable VIII Item That upon every Surrender either in Possession or Reversion the Lord is to have seven years Rent of the thing so surrendered for his Fine but if any Tenant having first surrendred the Reversion of any customary Lands and will afterwards Surrender his Estate in possession or if any Woman that holdeth Lands and Tenements by her free Bench according to the custom shall surrender her Estate which she hath for term of her or his Life in these two kinds of Surrenders the Lord is to have but one years Rent and a Heriot if the Land be Heriotable upon the surrender IX Item At every Surrender made in Reversion no Heriot is due until the Death of him or her which made surrender nor none other advantages due to the Lord but the Fine only X. Item After the death of any Tenant the Wife of the same Tenant if any such be shall be admitted to her free Bench in the Lords Court by the payment of one Penny to have to her during her Life paying such Rents Customs and services thereof due and accustomed XI Item After the death of any such Woman the same Tenement or Tenements which were in her tenure shall come and descend to the next Heir on the part of the Husband of the same Woman and for lack of an Heir to the next Kinsman of the same Husband if no Surrender be thereof made before after the said Custom without payment of any Heriot for the Woman which held by her free Bench as afore is said XII Item If any Woman Inheritrix die seized of any Tenement or Tenements and no surrender by her in her Life time made that then all such Lands or Tenements whereof she died seized shall come and descend to the next Heir after the custom and mannor Paying an Heriot for the same Woman if it be heriotable XIII Item That all Tenants by their Custom time out of mind used may sell their Woods Timber Trees and other Fuel and Brush growing in and upon their Tenements without license of the Lord or his Officers and that every Tenant may Let and Set his Customary Lands or any part thereof without license of the Lord or of his Officers and also to make any Quarrey to Build or repair upon the same and not otherwise upon any part of his Customary Lands XIV Item The Tenants time out of mind have used at their will and pleasure to Build Cottages upon their Copy-hold Tenaments and to Let and Set the same without any license asking or paying any Fine to the Lord for the same saving that the head Tenant is to answer and pay the Amercements and Pains for all Trespasses as shall be committed by any under Tenant in the Lords Wood and Park Demesnes or in
any Woods or Grounds of any of the Customary Tenants presented and offered by the Lords Tenants in the Court if any of the said under Tenants Estreted be not able to satisfie and pay the same XV. Item If a Woman holding by her free Bench do Marry sundry Husbands at sundry times yet shall she injoy the same during her Life without forfeiture thereof XVI Item By the Custom every yard or half-yard of Land holden by Copy after the custom and manner is heriotable and the Heriot to be payed aâ— the death of the Tenant that dieth seized thereof or upon the surrender of hiâ— Possession when the Reversion was surrendred before XVII Item If any Customary Tenants shall Let or Set his yard or halâ— yard of Land which is heriotable and aâ— his Decease the Lord not answered thâ— best Beast for his Heriot which did commonly manure the said Premises by thâ— space of one year next before his decease or the full value thereof that then such Persons to whom the same yard or halâ— yard by the Custom ought to come 〈◊〉 shall pay to the Lord or his Officers within six Weeks next after the death of such Tenants three Pounds for every yard Land and forty Shillings for every halâ— yard instead of an Heriot and in case default be made thereof then it shall be lawful for the Lord by his Officers toâ— take one Whole years profit of such yard or half yard to his own use and behoof instead of the said Heriot XVIII Item That all Land called Mondays Thirteens Farrendels Burgageâ— and Curtelages are not heriotable XIX Item If a Man have divers Sons and the eldest dyeth having Issue of his Body lawfully begotten whether it be Male or Female and after their Grandfather dyeth the Issue of the eldest Brother shall Inherit as next Heir to the Grandfather XX. Item If a Man dyeth having divers Daughters and no Sons and hath so many yards or half yards of Lands as Daughters then shall every Daughters by the Custom have a yard or half yard Land and the like order is with Tenements but if the Tenant so dying have but one yard half yard or one Tenament having divers Daughters as before is said that then the same yard half yard or Tenement by the Homage and Steward there shall be prised to the best value and the price thereof to be devided equally amongst the said Daughters saving that the eldest Daughter shall have her choice whether she will have the yard half yard or Tenement or the Portion of Money to her allotted by the Homage and Steward and if she take the said yard half yard or Tenement then she to pay the Money to her other Sisters after the prized price XXI Item That after the death of every Tenant that dyeth seized of any Lands or Tenements within the said Lordship at the next Court there holden Proclamation shall be made openly to enquire who is the right Heir of the Tenant so deceased or who can make any claim or title to the same Tenure or Tenures and if at the first Court there come none to Challenge the said Tenure or Tenures then there shall be Proclamation made openly at to other the next Court there holden in like manner as is aforesaid and then if none having Right come to challenge the same from thence forth the Lands shall be Echeated to the Lord to dispose of the same at his Will and Pleasure except the next Heir that hath Right to the same be beyond the Seas or in the Kings Wars XXII Item That whosoever is to be admitted Tenant to any Tenure within the said Lordship ought openly to be admitted in the Court before the Homage and to have his Copy read openly in the Court that all Men there may hear and know that he is admitted Tenant accordingly and if any Person having Right to any Tenure by Inheritance is to be admitted Tenant then he ought to be taken and presented by the Homage and if any challenge any Tenure by Surrender that then the Surrender must be made either in the Court openly or else to be brought into the Court by credible and sufficient witnesses that it may be known to the Homage and so be admitted Tenant as it is aforesaid according to the Custom there used time out of mind XXIII Item Whosoever taketh any Tenure there of the Lord he must take it either by means of Inheritance of himself or his Wife or by surrender of some other that is an Heir or else by means of some Forfeiture or Escheat into the Lords Hands and it must be expressed in the Copy of the Taker whether he takes his Tenure by right of Inheritance of himself or his Wife or by surrender of any Person or by Forfeiture or Escheat into the Lords Hands â—or by the Default of an Heir to challenge it otherwise no Man can take any Tenure there nor the Lord can let it otherwise by the Custom there used time out of minde XXIV Item That the Tenants by their Custom ought to have the Herbage and Paunage of the common Woods and Hils and the Lords Waste as time out of mind they have used XXV Item That the Tenants there at such time as the Lord of the Mannor of Paynswicke shall not be Comorant or Dwelling within the said Lordship shall have such Strays as shall happen into their Custody from time to time paying such price as they shall be indifferently prized by the Reeve of the Mannor and four of the Homagers to be chosen by the said Reeve the said price being presented and allowed by the Lords chief Officers at the next Court to be holden within the said Mannor XXVI Item The Custom is and time out of mind used hath been that the Sheriff or any his Bayliffs and Ministers cannot enter within this Liberty to serve any Process upon any Person within the same unless it be with a Commandment or Subpena XXVII Item If any Tenant doth give or sell any part or parcel of his Tenements or the whole without Surrender it is a Forfeiture XXVIII Item If any Tenant do let down his Tenement or any part thereof being payned at two Courts to Build the same by a certain pain and the third Court on pain of Forfeiture and doth not Build the same according to the order in the Court taken by the Homage and the Steward it is a Forfeit XXIX Item If any be an Inheritor to any Lands or Tenements doth sell the same to any Person or Persons before he or she shall become Tenant to the Lord in his Court and do other Suits and Services according to the custom there it is a Forfeiture XXX Item If any Tenant do detain or with-hold any Rents willingly which are due to the Lord or doth withdraw his Suit and Service from the Lords Court being not essoyned four general Courts together one after another is cause of Forfeiture XXXI Item If any Tenant do convey any
by himself unto the said Tenants â—nd said that he had since continued and â—llowed of the said Customs and was â—till ready and willing to approve and alâ—â—ow thereof according to the true intent of the said Indenture of Articles and confessed that he had made a conveyance of the said Mannor of Paynswicke to thâ— use of his said Son the other Defendant which he said he hoped was not prejudicial to the said Customs and the said Henry Jernegan the younger and Thomas Neast by their said answer said That during the Minority of any Infant to whom any Copy-hold Lands of the said Mannor did descend upon by the Death of his Ancestors the Lord of the said Manner ought to have the Wardship and Custody of the said Lands and that he the said Henry Jernegan the younger by vertue thereof having Right to the Customary Lands of the said William Barns did grant the same Lands unto the other Defendant Thomas Neast and the said Defendants Henry Jornegan the younger and Thomas Neast did by their said answers traverse and deny the residue of the points of the said Bill and so concluded their said answer as by the said several answers also remaining of Record in this Court more fully and at large appeared whereunto the said Complainants replyed and the said Parties being at Issue a Commission Issued out of this Court for Examination of Witnesses on both Parts which being returned and according to the ordinary rules of this Court published a day for hearing of the said cause was by this Court appointed in the last Trinity Term as well upon the said Bill exhibited by the said Mr Henry Jernegan the younger against the said Tenants Defendants as on the said Bill exhibited by the said Tenants Complainants against them the said Henry Jernegan the elder Henry Jernegan the younger and Thomas Neast Defendants at which day being the Eight day of June last For as much as upon the entring into the hearing of the matter that day in the presence of the Councel learned on both Parts for the touching the Customs of the said Mannor this Court thought it fit for avoiding further Controversie and Suits that some indifferent Persons might upon consideration had of all the Court Rolls of the said Mr Jernegan and the Copies of the Tenants mediate an end between the Parties so as the said Mr Jernegan Lord of the said Mannor might have that which appertained unto him in reasonable proportion and that he might use his Tenants lovingly and kindly upon their submissive carriage towards him whereunto the Council on both Parts assented it waâ— therefore then amongst other things ordered that the matter should be refered to Mr Thorsby one of the Masters of this Court and Mr. Bridgman and Mr. Coventre being of Council with the Parties to the end that they three upon the sight of all the Court Rolls of the said Mannor and all the ancient Copies of the said Tenant which were all to be brought before them upon the Oathes of the Parties and also upon fight of depositions of Witnesses taken in this cause the deposition of such Witnesses as were Tenants only excepted of whose Testimony the Court gave no allowance might treat mediate and set down some good end between the Parties if they could if not that then they should certifie this Court the difference between them whereupon such further order should be taken in the cause as should be meet according to which order the said Mr Thorsby Mr Bridgman and Mr Coventre made their Certificate to this Court in manner and form following that is to say The Twenty seventh day of November One Thousand Six Hundred and Thirteen between Henry Jernegan the younger Esq Complainant and the Customary Tenants of the Mannor of Paynswicke in the County of Gloucester Defendants and between the said Tenants Complainants and the aforesaid Henry Jernegan Defendant by warrant of an Order of the Eight of June last We have considered of the Court Rolls of the said Mannor brought before Vs by the said Jernegan and the Copies brought before Vs by the said Tenants and also of the depositions of Witnesses taken in this cause and we have also advisedly perused the Indenture made by Henry Jernegan the elder Esq Father of the Plaintiff and finding the same in divers Articles rather by the unskilful Penning thereof then for any matter of substance to vary both from the Rolls and Witnesses we have thought good to explain the same in such sort as followeth First Whereas it is contained in the Sixth Article of the said Indenture that every Surrender made into the hands of the Reeve or his Deputy ought to be presented at the next Court or else the same to be void we find that such Surrender may be presented at or before the next general Court of the said Mannor commonly called the Law-day and holden within the Month after either of the Feasts of Easter or St Michael the arch-Angel and upon every such Surrender made the Lord is to have his Heriot if the Tenement be heriotable of such Cattle or Goods as the Tenant had at the time of the said Surrender so made to the Reeve or his Deputy or at any time after And whereas it is contained in the One and Twentieth Article of the same Indenture that after the Death of every Tenant dying seized of any Lands or Tenement within the said Mannor Proclamation shall be made at the next Court and at two other next Courts and if none come to challenge the same Lands then the same Lands shall escheat to the Lord. And in the Seven and Twentieth Article of the same Indenture it is contained that the Tenants for Waste done shall be pained at two Courts and at a third Court upon pain of foâ—feiture we are of opinion upon view of the said Rolls and depositions that the Courts mentioned in the said two last mentioned Articles are to be taken for the two general Courts usually holden within the said Mannor within one Month after the Feast of Easter and St Michael the Arch-Angel commonly called Law-days and that no Tenant of the said Mannor shall incur any prejudice or damage by reason of the not doing of any thing contained in the said Articles or either of them so as the same be done at such general Court or Courts as is aforesaid and whereas the said Seven and Twentieth Article concerning Waste by the words thereof doth seem to extend only to the letting down of Houses we are of opinion that the same was meant and intended to extend to all Wastes and decayes in Houses and this we conceive was the true meaning of the Parties howsoever the said Indenture be somewhat imperfectly penned And whereas in the Eleventh Article of the same Indenture it is declared that after the Death of a Woman holding by her free Bench the Tenement or Tenements wherein her tenure shall come to the next Heir on her part of the Husband of the