THE CUSTOM Of the Mannor of Paynswicke Taken out Of the Decree in Chancery and carefully Examined For the benfit of the Tenants or others that may be concerned By Thomas Loveday in the Year 1687. London Printed in the Year 1688. JAcobus Dei grac. Angliae Scotiae Franciae et Hibern Rex fidei defensor c. Omnibus ad quos presentes Litt. per veniunt Salut in videmus jus prox irrotula mentum ejusdam decreti sive judicij coram nobis in Cancellar nostra Inter. Johan Hamond alias Jorden et aliis Tenand Manerij de Paynswicke in Com. Glouc. queren et Henr. Jernegan Armiger et aliis Defens nuper fac et redit in Rotulis cum Cancellar nost predic irrotulat ac ibidem de Recordo residen in haec verba JAmes by the grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom these present Letters shall come greeting we have senâ— the Inrollment of a certain Decree of Judgment before us in our Chancery between John Hamond alias Jordan and other Tenants of the Mannor of Paynswicke in the County of Gloucester Plaintiffs and Henry Jernegan Esq and others Defendants lately made and Inrolled in the Rolls of our said Court of Chancery and there remaining upon Record in these words c THE CUSTOM Of the Manner of Paynswicke WHere heretofore John Hamond alias Jorden John May John Brown Thomas Byshoppe Edmond Flecher Richard Gardner Thomas Tayler Thomas Harcoppe Richard Coocke and William Barns an Infant within Age by Gyles Charter and Agnes his Wife his Guardians Complainants for and in the behalf of themselves and divers others being all of them several Copy-holders and customary Tenants of divers several customary and Copy-hold Messuages Lands and Tenements parcel of the Mannor of Paynswicke in the County of Gloucester and time out of minde demisable and used to be demised in grants and admitances by Copy of Court Roll of the said Mannor to the taker or takers thereof by the words Sibi Suis which words make and create within the said Mannor a customary estate of inheritance in fee simple at the will of the Lord according to the Custom of the said Mannor there exhibited their Bill of complaint into the honorable Court of Chancery against Henry Jernegan the elder Esq Henry Jernegan the younger Esq and Thomas Neast Defendants and on the contrary side the said Henry Jernegan the elder and Henry Jernegan the younger Complainants did afterward exhibite their Bill of complaints into the said honorable Court of Chancery against the said John Mayo John Browne and the rest of the said Copy-holders and Tenants of the said Mannor of Paynswick Defendants in and by which said first Bill the said Tenants did declare that whereas the said Henry Jernegan the elder in the Eight and Twentieth year of the late Queen Elizabeth and before was seised in his Demeasne as of Fee or Fee-Tail of and in the said Mannor of Paynswick with the Right Members and Appurteances thereof And the said Complaynants John Mayo John Brown and Thomas By shopp and their Ancesters and others the then Customary Tenants and Copy-holders of the said Mannor of Paynswick then and long time before that had and held severally to them and their Heirs at the will of the Lord according to the Custom of the said Mannor divers several Copy-hold and Customary Messuages Lands Tenements and Hereditaments parcel of the said Mannor time out of mind there used and accustomed to be granted and demised by Copy of Court Roll of the said Mannor of Estates of Inheritance in Fee-simple by the words sibe suis at the will of the Lord according to the Custom of the said Mannor and within the said Mannor then and time out of mind there were and had been and ought to be used and accustomed divers Antient laudable Customs touching the Copy-hold and Customary Messuages Lands and Tenements there and namely and particularly amongst others that the Heir of every Copy-holder and Customary Tenant dying seized of such customary Estate of and in any Copy-hold or Customary Massuages Lands or Tenaments of the said Mannor was to be and ought and was used to be presented and admitted Tenant of the same customary Messuages Lands and Tenaments at the Court of the said Mannor upon reasonable tender and request in that behalf for the fine of one years Rent only and that the customary Tenants of the said Mannor by the custom there ought to have all the Herbage and Panage of the common woods and common Hills and the Lords Wastes of the said Mannor and in or about the Month of March in the said Eight and Twentieth year of the said late Queen Elizabeth some differences grew and were like to arise between the said Henry Jernegan the elder then Lord of the said Mannor and the then Copy-holders or Customary Tenants of the said Mannor and the said Tenants being unwilling to contend in suit of Law with their Landlord did in dutiful and submissive manner make means unto the said Master Jernegan for a good and peaceable end with his love and good will and the said Master Jernegan being a Gentleman well inclined unto a peaceble end and the said then Copy-holders desire the same it was thereupon agreed and directed between them that the Customs of the said Mannor whereof there was or might be likelyhood of question or controversie should and might be considered of and known in some certainty and truly set down in Writing to be allowed of and held by the Lord and Tenants for quiet of them and their Posterity And thereupon sundry of the Customs of the said Mannor were then remembred and considered of and agreed upon and were set down in Writing indented made between the said Henry Jernegan on the one Party and the then Copy-holders and Customary Tenants of the said Mannor of the other Party and Enterchangably by them Sealed and Delivered the Tenor and Effect whereof is as followeth that is to say This Indenture made the Twentieth day of March in the Eight and Twentieth year of the Raign of Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. Between Henry Jernegan of Cossey in the County of Norfolke Esq and Lord of the Mannor of Paynswick in the County of Gloucester of the one Party and all the Customary Tenants of the Lordship and Mannor of Paynswick aforesaid of the other Party Witnesseth that whereas of late years some Questions and variance hath been moved between the said Henry Jernegan and his Customary Tenants of the said Lordship and Mannor of Paynswick about divers and sundry Articles of the Custom of the said Mannor the said Henry Jernegan tendering the Quietness Love and good Will of his said Tenants and in consideration of the hope of the like dutiful Service good Will and Behavour towards him and his Posterity hereafter always to be performed by
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
Part of the Lordship to any other with intent to deceive the Lord of the same it is a Forfeit XXXII Item If any Person do hold any Customary Lands joyntly within this Mannor it is a Forfeiture by the Custom XXXIII Item If any Reeve chosen by the Homage shall refuse to gather the Lords Rents and Profeits or shall refuse to beat the Office according to the Custom and to pay the Rents and Profits by him levied by vertue of his Office is cause of Forfeiture And after that And according to the same Articles and Customs agreed upon and put in Writing the Customary Tenants of the said Mannor of Paynswicke quietly enjoyed their Customary Messuages and Tenements and were admitted Tenants from time to time and did yeild and pay all Rents and Customs accordingly and according to the said Custom as in former and ancient times they had done and enjoyed the same and also there were and time out of mind had been within the said Mannor divers other ancient Customs and Usages not mentioned nor set down in the said Iudenture and namely by the Custom of the said Mannor the Customary Tenants thereof have used to exchange their Customary Lands or part thereof one with another they first coming into the Court of the Mannor and there paying license to make such exchange and each of the said Tenants so exchanging paying therefore two pence a piece for every Acre so exchanged and the same Exchanges being from time to time Entered and Recorded in the Court Rolls of the said Mannor have been ever held and allowed as lawful And also the Custom of the said Mannor there used was and had been that if any customary Tenant dyed seized of any Customary Estate of Inheritance of or in any customary Lands or Tenements of the said Mannor his Heir being under the Age of One and Twenty years that then the next of Kin to the said Heir not Inheriotable to the said customary Lands ought to have and used to have the Custody of the same Heir of such his Lands until the full Age of One and Twenty years of such Heir yeilding account therefore unto the said Heir at his full Age the oversight government and commitment thereof to be in the Court upon charge of the Homage of the said Mannor And whereas also about three or four Years before the said Bill exhibited on Henry Barns Grandfather of the said Plaintiff William Barns was a copy-hold Tenant and dyed seized of a Copy-hold and Customary Estate of Inheritance in Fee-simple of certain copy hold Lands and Tenements parcel of the said Mannor which by the Custom of the said Mannor descended unto Humphery Barns Son and Heir of the said Henry which Humphery dyed seized of the said Estate and by the said Custom the same descended to Henry Barns Son and Heir of the said Humphery Barns which said Henry Barns Son of the said Humphery dyed seized of the said Estate and by the Custom of the said Mannor the same descended and came to the Plaintiff William Barns Brother and Heir of Henry Barns the Son and the said Plaintiff William Barns is an Infant of the Age of Ten Years or there about and under the Age of One and Twenty and the said Plaintiff Giles Carter having Married the Mother of the said Plaintiff William Barns the said Plaintiff William Barns is and ought by the Custom of the said Mannor to be in the Custody of the said Plaintiff Giles Carter and Agnes his Wife all which ancient and laudable customs are and had been used as the said plaintiff alledged until then of late but so it was as they also alledged by their said Bill that some estate or conveyance being lately had and made of the said Mannor by the said Defendant Henry Jernegan the elder to the use of the other Defendant Henry Jernegan the younger he the said Henry Jernegan the younger pretended and went about to call in question and to avoid divers of the said Complainants Estates upon pretence and surmise of some defects or want of Warrants or mistaking in the stâ—â—ing or keeping of the Courts of the said Mannor or of the Steward that kept the same or of the parties in whose names the same Courts were kept and that therefore the admittances of sundry of the said Plaintiffs should be void which the said Henry Jernegan the younger gave out he would avoid and to that end whereas upon every discent of an Customary Land of Inheritance the Lord by the Custom of the said Mannor is to have one years Rent for his Fine and the Tenant or next Heir thereupon to be admitted to the same Land the said Defendnant Henry Jernegan the younger denied that there was any such Custom and also denied unto the said Complainants the Herbage and Paunage of the common Woods Hils and Wasts of the said Mannor which the ancient Court Rolls of the said Mannor did prove remaining in the Defendants Custody and that the said Henry Jernegan the younger had of late oppressed the commonable Grounds with great numbers of Sheep had caused the Steward of the said Mannor not to make entry of any exchange between the Customary Tenants of the said Mannor for such Fines as hath been accustomed and also the said Henry Jernegan the younger had made some grant of the said Plaintiff Barns his customary Lands of purpose to prejudice him being a poor Infant and that the said Henry Jernegan the younger had made some secret â—ses of some of the said Customary Lands and Premises belonging to the said Plaintiff to divers Persons unknown to them and had commenced or caused to be commenced and threatned to bring and Prosecute divers Suits at the common Law against the said Plaintiffs concerning the Premises for avoiding whereof and that the said Customs might be certainly known and Establiâ—â—'d and for that the said Defendants 〈◊〉 their Stewards had in their custodies 〈◊〉 the Writings which did shew the said Câ—stoms without which the said Plaintiffs were not able to defend themselves at the common Law but were like without the aid of this Court to be without â—emedy in the Premises for all which causes the said Complainants prayed the process of this Court against the said Defendants Henry Jernegan the elder Henry Jernegan the younger and Thomas Neast to answer the Premises and to shew cause why the said Customs heretofore agreed upon between the said Henâ—y Jernegan the elder and the Tenants of the said Manner of Paynswicke and the other before-mentioned Customs should not stand and be retified by the decree of this Court as by the said Bill of complaints of the said Tenants remaining of Record in this Court appeared unto which Bill the said Defendants made their answer in this Court and first â—he said Henry Jernegan the elder did in â—nd by his several answers in substance confess all the said Customs alledged in the said complainants Bill and confessed the making of the said Indenture
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-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
exchanges paying for every Acre to the Lord of the said Mannor for his Fine the sum of four Pence which rate we â—old meet should be ratified allowed and confirmed for ever These things being so digested we moved the Tenants that they would be content to raise among them some reasonable sum of Money to be bestowed on their Land-Lord for his favour and good will which they very dutifully and lovingly yielded unto and upon our motion did agree to pay unto him the sum of One Thousand Four Hundred and Fifty Pound that is to say Five Hundred and Fifty Pounds at or before the fifth day of December now next coming Four Hundred and Fifty Pounds upon the fifth day of December which shall be in the Year of our Lord God 1614. at the Church Porch of Paynswicke and Four Hundred and Fifty Pounds residue upon the fifth day of December which shall be in the Year of our Lord God 1615. at the place aforesaid which money we have wished and the said Mr Jeâ—negan hath under taken shall be bestowed in such sort that the benefit thereof may redown not only to himself but unto his Wife who hath a Joynture in the said Mannor and to his Son and Heir John Jernegan in whom we find the Inheritance of the said Mannor expectant upon his Fathers Death is by good conveyance settled and the said Tenants have likwise assented that whereas by the said Indenture it is declared that they ought to have the Herbage and Panage of the common Woods common Hills and Wastes of the said Mannor and it standeth proved by Witnesses that they ever enjoyed the same and the Lord hath been wholly excluded thereof The Lord of the said Mannor for the time being may for the better breeding and increase of Wood inclose one full third part of all the Woods and Wood grounds of the said Mannor which do now lie open and in common saving the Waste ground called Sponbed-hill alias Kimsbury-hill whereof he may also inclose Five and Twenty Acres in such places and manner as the same parts so to be inclosed have been lately set out by the Lord and Tenants and that the said Lord may keep the same parts so inclosed from time to time according to the Statutes in that behalf and also that the Lord of the said Mannor for the time being shall have common with the said Tenants in the Waste and commonable Grounds aforesaid after the Rate and Proportion of two yard Lands and no more for the Land the said Lord â—ow hath and for such Lands as the Lord of the said Mannor shall hereafter happen to have common after such Rate and Proportion as the Tenants of the said Mannor have oâ— shall have wherewith the said Mr Jernegan is well contented in Respect of all which we hold it meet if it shall so seem meet to this honorable Court that the said Indenture with such explanations alterations and additions as are before set down with other the premises by us before thought meet to be done and performed should be ratified by the decree authority of this honorable Court against the said Henry Jernegan the elder and Henry Jernegan the younger and Elinor his Wife and John Jernegan his Son and Heir apparent their and every of their Heirs and Assigns and against all and every Person and Persons having or lawfully claiming or that shall hereafter have or lawfully claim from by or under them or any of them the rather for that the said Mr Jernegan the elder at the time of the making of the said Indenture was owner of the Inheritance of the said Mannor and for that we conceive the said Tenants have given for bying their Peace a very ample and liberal satisfaction to their Landlord not inferior in our opinions to the true worth of any benefit they shall or may receive by this Order and to the end the said Mr Jernegan may be secured of the Money agreed to be payed unto him and an even course may be held for the satisfying all charges sustained in this business we have caused the said Tenants among themselves to make a Taxation what every of them is to pay as well to satisfie the said Money payable to Mr Jernegan as all charges incident to this business which Taxation is set down in a Schedule to these presents annexed and we hold it meet if any the Persons thereby taxed shall make default of payment of any the Sums by them payable the Lands and Tenements of him that shall make such default may by order of this Court be Sequestred into the hands of any meet Persons to be nominated by the said Mr Jernegan as well for contribution to be made to such of the Tenants as have already given security for the said payment and undergone the charges of this business as for the satisfation of the said Mr Jernegan for the residue with damages for the forbearance thereof after the rate of fifteen in the Hundred and all the charges in the procuring or executing the said sequestration which Schedule annexed unto the said Certificate followeth in manner and form following that is to say A Schedule containing the Names of the Copy-holders of the Mannor of Paynswicke in the County of Gloucester and what Sums every of them is to pay for their several Tenements and at what days according to the report of Henry Thorsby Esq one of the Masters of the high Court of Chancery John Bridgman and Thomas Coventry Esqs made in the said Court of Chancery the seven and Twentieth day of November Anno Regni Regis Jacobi Vndecimo SUms to be payed the fifth of December One thousand six hundred and thirteen John Bishopp eleven Pound three Shillings four Pence Richard Knowles five Pound John Tickle eight Pound five Shillings John King eight Pound Thomas Castle twelve Pound eight Shillings six Peâ—ce Elizabeth King five Pound five Shillings Robert King four Pounds John Poole eleven Pounds ten Pence Thomas Gardiner senior Thomas Gardiner junior thirteen Pound John Gyde seven Pounds ten Shillings John Winchcome five Pounds fourteen Shillings William Twening seven Pounds sixteen Shillings Anthony Gardiner five Pounds John Mower fourteen Pounds ten Shillings John Gardiner of Hascome five Pounds John Tunly five Pounds Thomas Wine eight Pounds Elizabeth Hawkins five Pounds John Beard four Pounds ten Shillings Thomas Vaughan three Pounds nineteen Shillings six Pence William Widdow one Pound twelve Shillings Thomas Short two Pounds two Shillings John Russel three Pounds five Shillings Robert Harris one Pound six Shillings William King twelve Shillings John Hunt four Shillings six Pence William Bangerfeild three Shillings John Seaman Docter of Law one Pound ten Shillings Thomas Hilman four Pounds two Shillings Thomas Pitt seven Pounds Henry Mayo five Pounds Richard Gardiner nine 〈◊〉 six Pence Thomas West twelve Shillings Peter Bird three Pound five Shillings Thomas Andrews sixteen Shillings Thomas Flamberd six Shillings Alice Syford six Shillings Humphery Whiteaker eight Shillings Adam