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 [Page 5]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 [Page 6] 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 [Page 7]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 [Page 8]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, [Page 9]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 [Page 11]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 Ʋenison for the Lord into such [Page 12]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 [Page 13]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 [Page 14]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 [Page 15]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 [Page 16]Copy, after the custom and manner is he­riotable, and the Heriot to be payed a [...] the death of the Tenant, that dieth seiz­ed thereof, or upon the surrender of hi [...] Possession when the Reversion was surren­dred before.

XVII. Item, If any Customary Te­nants shall Let or Set his yard or hal [...] yard of Land, which is heriotable, and a [...] his Decease the Lord not answered, th [...] best Beast for his Heriot, which did com­monly manure the said Premises, by th [...] space of one year next before his decease or the full value thereof, that then such Persons to whom the same yard or hal [...] 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 hal [...] yard instead of an Heriot, and in case de­fault be made thereof; then it shall be lawful for the Lord by his Officers, to [...] 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, Burgage [...] 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 [Page 23]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, [...]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 [Page 20]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 [Page 21]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 [Page 18]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 [Page 19]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 copy­hold Tenant, and dyed seized of a Copy­hold and Customary Estate of Inheri­tance, in Fee-simple of certain copy hold Lands and Tenements, parcel of the [Page 24]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 [Page 25] 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 st [...]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 [Page 30]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 [...]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 Establi [...]'d, and for that the said Defendants, [...] their Stewards, had in their custodies [...] the Writings which did shew the said C [...] ­stoms, without which the said Plaintiffs were not able to defend themselves at [Page 31]the common Law, but were like with­out the aid of this Court, to be without [...]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 Hen­ [...]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 [...]he said Henry Jernegan the elder did, in [...]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 by himself, unto the said Tenants, [...]nd said that he had since continued and [...]llowed of the said Customs, and was [...]till ready and willing to approve and al­ [...]ow thereof, according to the true intent [Page 28]of the said Indenture of Articles, and confessed that he had made a conveyance of the said Mannor of Paynswicke, to th [...] 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 [Page 29]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 [Page 20]and kindly, upon their submissive carriage towards him, whereunto the Council on both Parts assented; it wa [...] 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 [Page 27]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 Ʋs by the said Jernegan, and the Copies brought before Ʋs 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 [Page 32]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 fo [...]feiture; we are of opinion, upon view of the said Rolls and depositions, that the Courts mentioned in the said two last mentioned [Page 33]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 Law­days, 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 same Woman, and for lack of [...]uch Heir to the next Kinsman of the [Page 34]said Husband; we do find that the Custom of the Mannor is and so wa [...] 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 be [...] and Let his Lands without Licence; we find the same [Page 35]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 [Page 37]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 [Page 38]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 [Page 39]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 exchanges, paying for every Acre to the Lord of the said Mannor for his Fine, the sum of four Pence, which rate we [...]old meet should be ratified, allowed, and [Page 40]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 Je [...]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; [Page 41]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 [Page 42]Land the said Lord [...]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 o [...] 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 [Page 43]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 [Page 44]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 Ʋndecimo.