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
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
â—ingell six Shillings Henry Lord eleven Shillings William Myll two Pounds Walter Coocke six Shillings William Harding six Shillings Francis Harding eleven Shillings William Heath six Shillings Harding Widdow nine Shillings Jone Pilson six Shillings Thomas Coles one Shilling Patrick Tickle six Shillings William Twening three Pounds John Clarke six Shillings William Hawkins ten Shillings Thomas Motly ten Shillings William Little six Shillings Thomas Jenkins two Pounds five Shillings John Fream six Shillings William Rice eleven Shillings Robert Clutterbuck one Pound seven Shilling John Holder four Pounds six Shillings six Pence Gyles Wheler three Pounds six Shilling eight Pence Gyles Arther ten Shillings Gybbens ten Shillings Reylocke Widdow ten Shillings Edward Gardner one Pound Michael Harding six Shillings John Stamaâ—e eight Shils Thomas Williams six Shillings William Hasilton eight Shillings Cooke Widdow James Cooke eight Shillings John Cooke six Shillings Eliener Warren three Shillings six Pence Elizabeth Cooper eighteen Shillings George Sturmy six Shillings John Corbet six Shillings Henry Ridler sixteen Shillings William Wren ten Shillings Ann Jackes six Shillings Julian Jâ—ces six Shillings Elinor Jaques six Shillings Thomas 〈◊〉 ten Shillings William Hewling six Shillings John Streate six Shillings Toby Myll four Shillings four Pence Richard Pitt six Shillings John Gardiner two Pounds ten Shillings John Badger two Pounds Ann Whitehorn eight Shillings Thomas Adams and William Linnet two pounds Edmond Gynner six Shillings Richard Bancknot twelve Shillings Samuel Davis six Shillings Nicholas Ashman six Shillings William Mason six Shillings Robert Twening one Pound nine Shillings Richard King six Pounds two Shillings eight Pence Thomas Kyne six Shillings James Myll sixteen Shillings Richard Sellors twelve Shillings William Niblet six Shillings Ann Cooper one Pound eleven Shillings Thomas Creese six Shillings Richard Smyth six Shillings John Hayes twelve Shillings Amie Hoocke and Thomas Knowles ten Shillings Robert Long six Shillings Thomas Gybbins six Shillings Court Hooper one Pound eight Shillings six Pence William Loe six Shillings Joan Wren eight Shillings Margaret King eight Shillings John Twening ten Pounds John Twening of Wergine three puonds sixteen Shiiling Henry Aldredg Fifty Shillings William Blyss five pounds ten Shillings William Barns ten Pounds ten Shillings William Clyssold ten Pounds Widdow Clyssoâ—d ten Pounds Thomas Merret five Pounds Thomas Blyse five Pounds Thomas Loveday six Pounds nine Shillings Edmond Flecher twenty nine Pounds six Shillings eight Pence John Mayo sixteen Pounds John Jordane seventeen Pounds Widdow Ockey three Pounds sixteen Shillings Richard Flecher four Shillings Thomas Flecher four Shillings John Brown eleven Pounds Richard Gardiner and his Wife and Thomas Merret six Pounds John Loveday two Pounds fifteen Shillings Edward Hitchins twelve Pounds ten Shillings Thomas Tayler eleven Pounds ten Shillings John Gardiner three Pounds six Shillings George Phelps five Pounds Ann Blyss Viz. eight Pounds five Shillings John Phillipts five Pound five Shillings John West five Corbers viz. four Shillings John Daber four Shilling Christopher Freame six Shillings Robert Esâ—ington four Shillings William Povie four Shillings four Pence Thomas Twening four Shillings four Penâ—e John Wats one Shilling Thomas Cliffold one Shilling Richard Wâ—â—ob one Shilling Henry Flecher one Shilling Gyles â—ardner one Shilling John Baugh twelve Pounds John Watkins â—â—x Pounds Thomas Byshopp ten Pounds Richard Gardner and William Mayle twenty seven Pounds thirteen Shillings Thomas Hurrupp thirteen Pounds eleven Shillings William Osborne ninteen Pounds thirteen Shillings four Pence Walter Tocknel three Pounds ten Shillings Richard Wilsheâ—e fifty Shillings Richard Gardner seven Pounds five Shillings William Bennet five Pounds John Gyde junior thirteen Shillings two Pence William Mayle one Pound fifteen Shillings John Tomes one Pound seven Shillings Elenor Pyper two Pounds ten Shillings William Tomkins one Pound five Shillings William Andrews one Pound five Shillings Richard Coocke twelve Shillings Thomas Knowles twelve Shillings William Watkins eighteen Shillings Hawkins vid. six Shillings Michael Harding six Shillings John Myll three Shillings Richard Myll six Shillings Sharp vid. six Shillings Arther Hillman ten Shillings Jeâ—ffery Maâ—field six Shillings William Tâ—ckell six Shillings Henry Wheler one Pound seventeen Shillings six Pence William Mayo eight Shiâ—â—ings four pence John Osborn one Pound one Shilling John Walkby ten Shillings Steven Coock six Shillings John Webb eight Shillings William Shewell sixteen Shillings Richard Deane three Pounds eleven Shillings six Pence John Osborn four Pounds Richard Coocke five Pounds four Shillings two pence Robert Coocke two â—ounds sixteen Shillings John West seven Pounds Robert West eight Pounds nine Shillings Walter Humphreys six Shillings John Glyford six Shillings Henry Clement two Pounds ten Shillings James Collins two Shillings Thomas Whiting three Pounds fifteen Shillings John Shott two Pounds ten Shillings John Poole ten Pounds John Gardener two Pounds ten Shillings William Loveday nine Pound fifteen Shillings six pence John Whiting four Pounds one Shilling four pence Henry Stamage eight Shillings Thomas Green three Pounds fifteen Shillings Thomas Browne one Shilling Ailce Collins anâ— James Collins twelve Shillings Thomâ—s Smart one Shilling In the Decree it s set down the Tenants are to pay one Thousand four hundred and fifty Pounds at three pays the first pay is â—ve hundred and fifty Pounds which is hear set down as in the Decree the other two pays which is four hundred and fifty Pounds a peice the Tenants are taxed two several times more and set down at large as aforesaid to be payed the fifth of December 1614. and the fifth of December 1615. UNto the which Schedule as also to the said Certificate the said Mr Thorsby Mr Bridgman and Mr Coventrey have subscribed their names as by the said Schedule and Certificate remaining of record with the Register of this Court appeareth upon all which proceeding it pleased this Court on the nine and Twentieth day of November to order and decree this Cause as followeth Whereâ—y an order of the eight of June last the matter in question between the said parties was referred to Mr Thorsby one of the Masters of this Court and to Mr Bridgman and Mr Coventrey being of Councel 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 Tenants which were all to be brought before them upon the Oaths of the parties and also upon sight of the depositions of Witnesses taken in the case the depositions of such Witnssees as are Tenants only excepted of whose Testimony the Court giveth no allowance might treat mediate and set down some good eâ—d between the parties if they could if not then to certifie the differences between them where upon such further order should be taken in the cause as should be meet for as much as this Court was this day informed by Mr Lawrance Hide being of Councel with the said Tenants that the said Mr Thorsby and the said Mr Bridgman and Mr Coventrey have according to the said order considered of the Court Rolls of the said Mann or brought before them by the said Plaintiff Jernegan and the Copies brought before them by the said Tenants and of the depositions taken in the cause and have also advisedly perused the indenture made by Henry Jernegan the elder Esq Father of the Plaintiff and have thereupon made a full and absolute end of the cause and set down the same very exactly under their hands and certified into this Court which was now shewed forth and offered to be read It is theâ—efore this present Term of St Michael that is to say on Monday the nine and twentieth day of November in the Year of the Reign of our Gracious Soveraign Lord James by the Grace of God of England Scotland France and Ireland King defender of the Faith c. That is to say of England France and Ireland the Eleventh and of Scotland the Seven and Fortieth by the right honorable Thomas Lord Ellesmert Lord Chancellour of England and by the whole Court of Chancery Ordered and Decreed that the said Certificate and all the matters therein contained are and be ratified and confirmed by the Decree and Authority of this Court and the several sums of Money limited and set down in the Schedule contained in the said Certificate to be payed by the said Tenants at the days and times expressed in the said Schedule and all the rest of the matter in the said Certificate contained are decreed to be performed to all intents and purposes according to the tenor and true meaning thereof NOs autem tenorem irrotu lamenti decreti predict ad requisitiones Williâ—lmi Osburne et Edmundi Flecher et aliorum Tenentium Manerij predicti duximus Exemplifican per presentes in cujus rei Testimonium has litteras nostras fieri fecimus Patentes teste me ipso apud Westmin primo die Februarij Anno Regni nostri Angliae Franciae et Hiberniae duo decimo eScocia quadragissimo Octavo Examinaâ—ur per nos M. Carew J. Hone. Cleric VVEe therefore the tenor of the Inrollment of the Decree afore said at the request of the said William Osborn and Edmond Flecher and other the Tenantâ— of the Mannor aforesaid have caused to be exemplified by these Presents in Witness of which we have caused these our Letters to be made Pattents witness our selves at Westminster the first day of February in the year of our Raign of England France and Ireland the Twelth and of Scotland the eight and Fortieth Examined by We Mathew Careâ— and John Hone. Clerks FIN