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<DATE>2011-01-17</DATE>
<RESPSTMT>
<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<ITEM>Checklist:
x Add TEMPHEAD, change DATE, validate
x Add DIV TYPEs, validate
x Review structure, use FRONT, BODY, BACK or rarely GROUP
x Check PB placement and completeness, ensure sequence of N=""
x Proof title page(s)
x Check HEAD TRAILER ARGUMENT EPIGRAPH BIBL OPENER CLOSER SIGNED SALUTE BYLINE
x Check ^, oe, abq, italic I / J, _Initals, space between &amp;c.
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x Check q; startq endq Q
x Check ligatures if in black letter &abper; &abpro; &abus; &abquod; &absed; &abser; &abcon; &abrum; &abis;
x ot / ol / of and tr / tb / th
x Correct illegibles from proofsheet
x Check for &punc; and correct if time-effective
x Check illegible page, para, line, span, word, dollar signs
x Final validate

Corrected [ ] illegible groups out of [ ].
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DONE</ITEM>
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<IDG S="marc" R="UM" ID="A88608">
<STC T="W">L3235A</STC>
<BIBNO T="umi">99896441</BIBNO>
<VID>154272</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<PB REF="1" MS="y">
<PB REF="2">
<PB REF="2">
<PB REF="3">
<PB REF="3">
<P>THE CUSTOM Of the Mannor of <HI>Payn&s;wicke,</HI> Taken out Of the Decree in Chancery, and carefully Ex|amined For the benfit of the Tenants or others that may be concerned.</P>
<P>By <HI>Thomas Loveday,</HI> in the Year 1687.</P>
<P><HI>London,</HI> Printed in the Year, 1688.</P>
</DIV1>
<DIV1 TYPE="royal attestation">
<PB N="2" REF="4">
<DIV2 LANG="lat" TYPE="version">
<OPENER><SIGNED>JAcobus Dei grac. Angliae, Scotiae, Fran|ciae et Hibern. Rex fidei defen&s;or. &amp;c.</SIGNED>
<SALUTE>Omnibus ad quos pre&s;entes Litt. per veniunt Salut.</SALUTE></OPENER>
<P>in videmus jus prox. irrotula mentum eju&s;dam decreti &s;ive. judicij coram nobis in Cancellar. no&s;tra Inter. Johan. Hamond a|lias Jorden, et aliis Tenand. Manerij de Payn&s;wicke in Com. Glouc. queren. et Henr. Jernegan Armiger. et aliis Defen&s;. nuper fac. et redit in Rotulis cum. Cancellar. no&s;t. predic. irrotulat ac ibidem. de Recordo re&s;iden. in haec verba.</P>
</DIV2>
<DIV2 LANG="eng" TYPE="version">
<PB N="3" REF="4">
<OPENER><SIGNED><HI>JAmes</HI> by the grace of God, of <HI>Eng|land, Scotland, France and Ireland</HI> King, Defender of the Faith, <HI>&amp;c.</HI></SIGNED>
<SALUTE>To all to whom the&s;e pre&s;ent Letters &s;hall come greeting;</SALUTE></OPENER>
<P>we have &s;en<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Inrollment of a certain Decree of Judgment before us in our Chancery, between <HI>John Hamond</HI> alias <HI>Jordan,</HI> and other Tenants of the Man|nor of <HI>Payn&s;wicke,</HI> in the County of <HI>Glouce&s;ter</HI> Plaintiffs; and <HI>Henry Jerne|gan</HI> <ABBR>E&s;q</ABBR> and others, Defendants late|ly made and Inrolled in the Rolls of our &s;aid Court of Chancery, and there re|maining upon Record in the&s;e words, <HI>&amp;c</HI></P>
</DIV2>
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<BODY>
<DIV1 TYPE="text">
<PB N="4" REF="5">
<HEAD>THE CUSTOM Of the Manner of <HI>Payn&s;wicke.</HI></HEAD>
<P>WHere heretofore <HI>John Ha|mond,</HI> alias <HI>Jorden, John May, John Brown, Tho|mas By&s;hoppe, Edmond Flecher, Richard Gardner, Thomas Tayler, Thomas Har|coppe, Richard Coocke and William Barns</HI> an Infant within Age, by <HI>Gyles Charter</HI> and <HI>Agnes</HI> his Wife, his Guardians, Com|plainants, for and in the behalf of them|&s;elves and divers others, being all of them &s;everal Copy-holders and cu&s;tomary Te|nants of divers &s;everal cu&s;tomary and Co|py-hold Me&s;&s;uages, Lands and Tenements parcel of the Mannor of <HI>Payn&s;wicke,</HI> in the County of <HI>Glouce&s;ter;</HI> and time out of minde demi&s;able, and u&s;ed to be demi&s;ed in
<PB N="5" REF="5">grants and admitances, by Copy of Court Roll of the &s;aid Mannor, to the ta|ker or takers thereof, by the words <HI>Sibi &amp; Suis,</HI> which words make and create within the &s;aid Mannor, a cu&s;tomary e|&s;tate of inheritance in fee &s;imple at the will of the Lord, according to the Cu&s;tom of the &s;aid Mannor, there exhibited their Bill of complaint into the honorable <HI>Court of Chancery</HI> again&s;t <HI>Henry Jernegan</HI> the elder <ABBR>E&s;q</ABBR> <HI>Henry Jernegan</HI> the younger, <ABBR>E&s;q</ABBR> and <HI>Thomas Nea&s;t</HI> Defendants, and on the contrary &s;ide, the &s;aid <HI>Henry Jernegan</HI> the el|der, and <HI>Henry Jernegan</HI> the younger, Com|plainants, did afterward exhibite their Bill of complaints into the &s;aid honorable <HI>Court of Chancery</HI> again&s;t the &s;aid <HI>John Mayo, John Browne,</HI> and the re&s;t of the &s;aid Copy-holders and Tenants of the &s;aid Mannor of <HI>Payn&s;wick</HI> Defendants; in and by which &s;aid fir&s;t Bill, the &s;aid Te|nants did declare, that whereas the &s;aid <HI>Henry Jernegan</HI> the elder, in the Eight and Twentieth year of the late <HI>Queen Elizabeth,</HI> and before was &s;ei&s;ed in his Demea&s;ne as of Fee or Fee-Tail of and in the &s;aid Mannor of <HI>Payn&s;wick,</HI> with the Right Members and Appurtean|ces thereof: And the &s;aid Complaynants
<PB N="6" REF="6" MS="y"><HI>John Mayo, John Brown</HI> and <HI>Thomas By &s;hopp,</HI> and their Ance&s;ters, and others the then Cu&s;tomary Tenants and Copy-hold|ers of the &s;aid Mannor of <HI>Payn&s;wick,</HI> then and long time before that, had and held &s;everally to them and their Heirs, at the will of the Lord, according to the Cu&s;tom of the &s;aid Mannor, divers &s;everal Co|py-hold and Cu&s;tomary Me&s;&s;uages, Lands, Tenements and Hereditaments, parcel of the &s;aid Mannor, time out of mind there u&s;ed and accu&s;tomed to be granted and demi&s;ed by Copy of Court Roll of the &s;aid Mannor of E&s;tates of Inheritance in Fee-&s;imple, by the words <HI>(&s;ibe &amp; &s;uis)</HI> at the will of the Lord, according to the Cu&s;tom of the &s;aid Mannor, and within the &s;aid Mannor then and time out of mind there were and had been, and ought to be u&s;ed and accu&s;tom|ed divers Antient laudable Cu&s;toms touch|ing the Copy-hold and Cu&s;tomary Me&s;&s;u|ages, Lands and Tenements there, and namely and particularly among&s;t others; that the Heir of every Copy-holder and Cu&s;tomary Tenant dying &s;eized of &s;uch cu&s;tomary E&s;tate, of and in any Copy-hold or Cu&s;tomary Ma&s;&s;uages, Lands or Tenaments of the &s;aid Mannor, was to be, and ought, and was u&s;ed to be pre|&s;ented
<PB N="7" REF="6">and admitted Tenant of the &s;ame cu&s;tomary Me&s;&s;uages, Lands and Tena|ments at the Court of the &s;aid Mannor, upon rea&s;onable tender and reque&s;t in that behalf, for the fine of one years Rent only; and that the cu&s;tomary Tenants of the &s;aid Mannor by the cu&s;tom there, ought to have all the Herbage and Panage of the common woods, and common Hills, and the Lords Wa&s;tes of the &s;aid Mannor, and in or about the Month of <HI>March,</HI> in the &s;aid Eight and Twentieth year of the &s;aid late Queen <HI>Elizabeth,</HI> &s;ome diffe|rences grew and were like to ari&s;e be|tween the &s;aid <HI>Henry Jernegan</HI> the elder, then Lord of the &s;aid Mannor, and the then Copy-holders, or Cu&s;tomary Te|nants of the &s;aid Mannor; and the &s;aid Tenants being unwilling to contend in &s;uit of Law with their Landlord, did in dutiful and &s;ubmi&s;&s;ive manner make means unto the &s;aid Ma&s;ter <HI>Jernegan</HI> for a good and peaceable end, with his love and good will; and the &s;aid Ma&s;ter <HI>Jernegan</HI> be|ing a Gentleman well inclined unto a peace|ble end; and the &s;aid then Copy-hold|ers de&s;ire the &s;ame, it was thereupon a|greed and directed between them, that the Cu&s;toms of the &s;aid Mannor, whereof
<PB N="8" REF="7">there was or might be likelyhood of que&s;tion or controver&s;ie, &s;hould, and might be con&s;idered of, and known in &s;ome certainty, and truly &s;et down in Writing, to be allowed of, and held by the Lord and Tenants for quiet of them and their Po&s;terity: And thereupon &s;un|dry of the Cu&s;toms of the &s;aid Mannor were then remembred and con&s;idered of, and agreed upon, and were &s;et down in Writing indented, made between the &s;aid <HI>Henry Jernegan</HI> on the one Party, and the then Copy-holders and Cu&s;tomary Tenants of the &s;aid Mannor, of the other Party; and Enterchangably by them Sealed and Delivered, the Tenor and Effect where|of is as followeth, that is to &s;ay.</P>
<P><HI>This Indenture,</HI> made the Twen|tieth day of <HI>March,</HI> in the Eight and Twentieth year of the Raign of <HI>Eliza|beth,</HI> by the Grace of God of <HI>England, France</HI> and <HI>Ireland</HI> Queen Defender of the Faith, <HI>&amp;c.</HI> Between <HI>Henry Jernegan</HI> of <HI>Co&s;&s;ey</HI> in the County of <HI>Norfolke</HI> <ABBR>E&s;q</ABBR> and Lord of the Mannor of <HI>Payn&s;wick</HI> in the County of <HI>Glouce&s;ter</HI> of the one Par|ty; and all the Cu&s;tomary Tenants of the Lord&s;hip and Mannor of <HI>Payn&s;wick</HI> afore&s;aid, of the other Party, Witne&s;&s;eth,
<PB N="9" REF="7">that whereas of late years, &s;ome Que&s;ti|ons and variance hath been moved be|tween the &s;aid <HI>Henry Jernegan,</HI> and his Cu&s;tomary Tenants of the &s;aid Lord&s;hip and Mannor of <HI>Payn&s;wick,</HI> about divers and &s;undry Articles of the Cu&s;tom of the &s;aid Mannor; the &s;aid <HI>Henry Jernegan</HI> tendering the Quietne&s;s, Love and good Will of his &s;aid Tenants, and in con|&s;ideration of the hope of the like dutiful Service, good Will and Behavour, to|wards him and his Po&s;terity hereafter, always to be performed by the &s;aid Te|nants and their Heirs and A&s;&s;igns, willing|ly as to his late Father and Mother, and others of his Ance&s;tors hath been hereto|fore &s;hewed, done and accompli&s;hed, at the humble Suit and Petition of all the &s;aid Tenants tendered and exhibited to the &s;aid <HI>Henry Jernegan,</HI> the Twentieth day of <HI>March,</HI> before the date of the&s;e pre&s;ents, by the mediation of <HI>John Dere|ham</HI> Gentleman, Serveyor general to the &s;aid <HI>Henry:</HI> Doth by the&s;e pre&s;ents for him and his Heirs Ratifie, Confirm and E&s;tabli&s;h the&s;e Articles, as in this <HI>Inden|ture</HI> are expre&s;&s;ed to &s;tand, be and remain as true and perpetual Articles, of the Cu&s;tom of the Mannor of <HI>Payn&s;wick</HI> afore|&s;aid.</P>
<PB N="10" REF="8">
<P N="1">I. <HI>Imprimis,</HI> The Cu&s;tom is, and time out of mind hath been, that the Te|nants of the &s;aid Mannor do hold their Ma&s;&s;uages, Lands and Tenements by Copy of Court Roll, <HI>Sibi &amp; &s;uis;</HI> where|by they have an E&s;tate of Inheritance to them and their Heirs, according to the Cu&s;tom of the &s;aid Mannor there.</P>
<P N="2">II. <HI>Item,</HI> The Cu&s;tomary Tenants there, from time out of mind have u&s;ed, and ought to pay their Rents yearly at four Terms in the year u&s;ual and ac|cu&s;tomed <HI>(viz.)</HI> The <HI>Annutiation</HI> of our <HI>Lady,</HI> the <HI>Nativity</HI> of Saint <HI>John Bap|ti&s;t,</HI> Saint <HI>Michael</HI> the Arch-Angel, and the <HI>Birth</HI> of our <HI>Lord,</HI> and &s;hall have a Reeve to gather the &s;ame, after the Cu&s;tom of the &s;aid Mannor, and the &s;ame Rents &s;hall pay to the Lord, or his Offi|cers, accordingly, within Eight and Twenty days next after every of the &s;aid Fea&s;ts.</P>
<P N="3">III. <HI>Item,</HI> That one of the Cu&s;tomary Tenants being an Homager, ought to be Reeve, and to collect and gather the Cu|&s;tomary Rents, Revenes and Profits of the &s;aid Mannor, and &s;hall pay the &s;ame to the Lord or his Officers, within Eight and Twenty days, next after every of the
<PB N="11" REF="8" MS="y">&s;aid Fea&s;ts of the <HI>Anuntiation</HI> of our <HI>Lady,</HI> the <HI>Nativity</HI> of Saint <HI>John Bapti&s;t,</HI> Saint <HI>Michael</HI> the Archangel, and the <HI>Birth</HI> of our <HI>Lord,</HI> where the Lord or his Officers &s;hall appoint, by his or their Precept; and al&s;o again&s;t every audit of the Lord to be kept for the &s;aid Mannor &s;hall ga|ther and leavy the extract of the Court, and make a true Account thereof, and pay the &s;ame at the Lords Audit yearly, which Reeve ought to be elected and cho|&s;en yearly by the Homage of the &s;aid Man|nor; for if &s;uch Reeve &s;o elected, &s;hall happen to Imbe&s;&s;el, or Wa&s;te the Lords Rent, Revenues and Profits of the &s;aid Mannor; that then the &s;aid Tenants are bound by their Cu&s;tom to an&s;wer the Lord the &s;ame Rent, Revenues and Pro|fits at the days and times afore&s;ald.</P>
<P N="4">IV. <HI>Item,</HI> The Reeve upon his Ac|count, ought to have allowance of Six and Twenty Shillings Eight Pence for his pains-taking in gathering of the &s;aid Rents, which allowance hath been u&s;ed time out of mind.</P>
<P N="5">V. <HI>Item,</HI> There are certain other Lands, called the <HI>Thirteens,</HI> the Tenants whereof, by the Cu&s;tom, are bound to carry <HI>&V;eni&s;on</HI> for the Lord into &s;uch
<PB N="12" REF="9">place or places as the Lord &s;hall appoint them, by the &s;pace of one day and a night a piece, at their own charges, or el&s;e to &s;tand to a yearly Fine of eight Pence, to the u&s;e of the Lord of the Man|nor at the Election of the Lord.</P>
<P N="6">VI. <HI>Item,</HI> The Tenants by their Cu&s;tom, time out of mind u&s;ed, may give and &s;ell their Cu&s;tomary Lands at their will and plea&s;ure, making a &s;urrender of the &s;ame, either in open Court to the hands of the Steward for the time being, or el&s;e out of the Court, into the hands of the Reeve of that year or his Deputy, in the pre&s;ence of two Cu&s;tomary Tenants of the &s;ame Mannor, and the &s;ame &s;ur|render mu&s;t be pre&s;ented at the next Court, or el&s;e the Surrender to be void, and upon every Surrender &s;o made, and pre&s;ented in Court; the Lord is to have an Heriot, if the Land be Heriotable, that is to &s;ay, for every yard and half yard of Land, which the Tenants hold, to give or pay the be&s;t quick Cattle, and in default of &s;uch Cattle, the be&s;t Hou&s;e|hold &s;tuff or Goods of what kind &s;o|ever.</P>
<P N="7">VII. <HI>Item,</HI> That upon every decent of any Cu&s;tomary Lands of Inheritance
<PB N="13" REF="9">the Lord is to have one years Rent for his Fine, and a Heriot in mannor afore&s;aid, if the Land be heriotable.</P>
<P N="8">VIII. <HI>Item,</HI> That upon every Sur|render, either in Po&s;&s;e&s;&s;ion or Rever&s;ion, the Lord is to have &s;even years Rent of the thing &s;o &s;urrendered, for his Fine; but if any Tenant having fir&s;t &s;urrendred the Rever&s;ion of any cu&s;tomary Lands, and will afterwards Surrender his E&s;tate in po&s;&s;e&s;&s;ion; or if any Woman that holdeth Lands and Tenements by her free Bench, according to the cu&s;tom, &s;hall &s;ur|render her E&s;tate, which &s;he hath for term of her or his Life; in the&s;e two kinds of Surrenders the Lord is to have but one years Rent, and a Heriot, if the Land be Heriotable upon the &s;ur|render.</P>
<P N="9">IX. <HI>Item,</HI> At every Surrender made in Rever&s;ion, no Heriot is due, until the Death of him or her which made &s;urren|der, nor none other advantages due to the Lord but the Fine only.</P>
<P N="10">X. <HI>Item,</HI> After the death of any Te|nant, the Wife of the &s;ame Tenant, if any &s;uch be, &s;hall be admitted to her free Bench in the Lords Court, by the pay|ment of one Penny, to have to her during
<PB N="14" REF="10">her Life, paying &s;uch Rents, Cu&s;toms and &s;ervices thereof, due and accu&s;tom|ed.</P>
<P N="11">XI. <HI>Item,</HI> After the death of any &s;uch Woman, the &s;ame Tenement or Te|nements, which were in her tenure; &s;hall come and de&s;cend to the next Heir on the part of the Husband of the &s;ame Woman, and for lack of an Heir, to the next Kin&s;man of the &s;ame Husband, if no Surrender be thereof made before, after the &s;aid Cu&s;tom, without payment of any Heriot for the Woman, which held by her free Bench, as afore is &s;aid.</P>
<P N="12">XII. <HI>Item,</HI> If any Woman Inheri|trix die &s;eized of any Tenement or Te|nements, and no &s;urrender by her in her Life time made; that then all &s;uch Lands or Tenements, whereof &s;he died &s;eized &s;hall come and de&s;cend to the next Heir, after the cu&s;tom and mannor, Paying an Heriot for the &s;ame Woman if it be he|riotable.</P>
<P N="13">XIII. <HI>Item,</HI> That all Tenants by their Cu&s;tom time out of mind u&s;ed, may &s;ell their Woods, Timber, Trees, and other Fuel and Bru&s;h, growing in and up|on their Tenements, without licen&s;e of the Lord or his Officers, and that every
<PB N="15" REF="10" MS="y">Tenant may Let and Set his Cu&s;tomary Lands, or any part thereof, without li|cen&s;e of the Lord or of his Officers; and al&s;o to make any Quarrey, to Build or re|pair upon the &s;ame, and not otherwi&s;e; upon any part of his Cu&s;tomary Lands.</P>
<P N="14">XIV. <HI>Item,</HI> The Tenants time out of mind have u&s;ed at their will and plea|&s;ure, to Build Cottages upon their Copy-hold Tenaments, and to Let and Set the &s;ame without any licen&s;e, asking or pay|ing any Fine to the Lord for the &s;ame, &s;aving that the head Tenant is to an&s;wer and pay the Amercements and Pains for all Tre&s;pa&s;&s;es, as &s;hall be committed by any under Tenant in the Lords Wood and Park, Deme&s;nes, or in any Woods or Grounds of any of the Cu&s;tomary Te|nants, pre&s;ented and offered by the Lords Tenants in the Court, if any of the &s;aid under Tenants E&s;treted, be not able to &s;a|tisfie and pay the &s;ame.</P>
<P N="15">XV. <HI>Item,</HI> If a Woman holding by her free Bench, do Marry &s;undry Husbands, at &s;undry times, yet &s;hall &s;he injoy the &s;ame during her Life, without forfeiture thereof.</P>
<P N="16">XVI. <HI>Item,</HI> By the Cu&s;tom, every yard or half-yard of Land, holden by
<PB N="16" REF="11">Copy, after the cu&s;tom and manner is he|riotable, and the Heriot to be payed a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the death of the Tenant, that dieth &s;eiz|ed thereof, or upon the &s;urrender of hi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Po&s;&s;e&s;&s;ion when the Rever&s;ion was &s;urren|dred before.</P>
<P N="17">XVII. <HI>Item,</HI> If any Cu&s;tomary Te|nants &s;hall Let or Set his yard or hal<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> yard of Land, which is heriotable, and a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> his Decea&s;e the Lord not an&s;wered, th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> be&s;t Bea&s;t for his Heriot, which did com|monly manure the &s;aid Premi&s;es, by th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;pace of one year next before his decea&s;e or the full value thereof, that then &s;uch Per&s;ons to whom the &s;ame yard or hal<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> yard by the Cu&s;tom ought to come <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;hall pay to the Lord or his Officers, with|in &s;ix Weeks next after the death of &s;uch Tenants, three Pounds for every yard Land, and forty Shillings for every hal<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> yard in&s;tead of an Heriot, and in ca&s;e de|fault be made thereof; then it &s;hall be lawful for the Lord by his Officers, to<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> take one Whole years profit of &s;uch yard or half yard to his own u&s;e and behoof in|&s;tead of the &s;aid Heriot.</P>
<P N="18">XVIII. <HI>Item,</HI> That all Land, called, <HI>Mondays Thirteens, Farrendels, Burgage<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> and <HI>Curtelages</HI> are not heriotable.</P>
<PB N="17" REF="11" MS="y">
<P N="19">XIX. <HI>Item,</HI> If a Man have divers Sons, and the elde&s;t dyeth having I&s;&s;ue of his Body lawfully begotten, whether it be Male or Female; and after their Grandfa|ther dyeth, the I&s;&s;ue of the elde&s;t Brother &s;hall Inherit as next Heir to the Grandfa|ther.</P>
<P N="20">XX. <HI>Item,</HI> If a Man dyeth, having divers Daughters, and no Sons, and hath &s;o many yards, or half yards of Lands as Daughters, then &s;hall every Daugh|ters by the Cu&s;tom, have a yard or half yard Land, and the like order is with Tene|ments; but if the Tenant &s;o dying, have but one yard, half yard, or one Tena|ment, having divers Daughters as before is &s;aid, that then the &s;ame yard, half yard, or Tenement, by the Homage and Steward there, &s;hall be pri&s;ed to the be&s;t value, and the price thereof to be devi|ded equally among&s;t the &s;aid Daughters, &s;aving that the elde&s;t Daughter &s;hall have her choice, whether &s;he will have the yard, half yard, or Tenement, or the Portion of Money to her allotted by the Homage and Steward; and if &s;he take the &s;aid yard, half yard, or Tenement, then &s;he to pay the Money to her other, Si&s;ters after the prized price.</P>
<PB N="22" REF="12">
<P N="21">XXI. <HI>Item,</HI> That after the death of every Tenant that dyeth &s;eized, of any Lands or Tenements within the &s;aid Lord|&s;hip; at the next Court there holden, Proclamation &s;hall be made openly, to enquire who is the right Heir of the Tenant &s;o decea&s;ed, or who can make any claim or title to the &s;ame Tenure or Te|nures; and if at the fir&s;t Court there come none to Challenge the &s;aid Tenure or Te|nures, then there &s;hall be Proclamation made openly at (to other) the next Court there holden in like manner as is afore&s;aid, and then if none having Right come to challenge the &s;ame, from thence forth the Lands &s;hall be Echeated to the Lord, to di&s;po&s;e of the &s;ame at his Will and Plea|&s;ure, except the next Heir that hath Right to the &s;ame, be beyond the Seas, or in the Kings Wars.</P>
<P N="22">XXII. <HI>Item,</HI> That who&s;oever is to be admitted Tenant to any Tenure with|in the &s;aid Lord&s;hip, 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 accord|ingly; and if any Per&s;on having Right to any Tenure by Inheritance, is to be admit|ted
<PB N="23" REF="12">Tenant, then he ought to be taken and pre&s;ented by the Homage; and if any challenge any Tenure by Surrender, that then the Surrender mu&s;t be made, either in the Court openly, or el&s;e to be brought into the Court by credible and &s;ufficient witne&s;&s;es, that it may be known to the Homage, and &s;o be admitted Tenant as it is afore&s;aid, according to the Cu&s;tom there u&s;ed time out of mind.</P>
<P N="23">XXIII. <HI>Item,</HI> Who&s;oever taketh any Tenure there of the Lord, he mu&s;t take it either by means of Inheritance of him&s;elf or his Wife, or by &s;urrender of &s;ome other that is an Heir, or el&s;e by means of &s;ome Forfeiture or E&s;cheat into the Lords Hands, and it mu&s;t be expre&s;&s;ed in the Copy of the Taker, whether he takes his Tenure by right of Inheritance of him&s;elf or his Wife, or by &s;urrender of any Per&s;on, or by Forfeiture or E&s;cheat into the Lords Hands, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">or by the Default of an Heir; to challenge it otherwi&s;e, no Man can take any Tenure there, nor the Lord can let it otherwi&s;e, by the Cu&s;tom there u&s;ed time out of minde,</P>
<P N="24">XXIV. <HI>Item,</HI> That the Tenants by their Cu&s;tom, ought to have the Herbage and Paunage of the common Woods
<PB N="20" REF="13" MS="y">and Hils, and the Lords Wa&s;te, as time out of mind they have u&s;ed.</P>
<P N="25">XXV. <HI>Item,</HI> That the Tenants there, at &s;uch time as the Lord of the Mannor of <HI>Payn&s;wicke,</HI> &s;hall not be Co|morant, or Dwelling within the &s;aid Lord|&s;hip, &s;hall have &s;uch Strays as &s;hall hap|pen into their Cu&s;tody from time to time, paying &s;uch price as they &s;hall be indiffe|rently prized by the Reeve of the Man|nor, and four of the Homagers to be cho&s;en by the &s;aid Reeve; the &s;aid price being pre&s;ented and allowed by the Lords chief Officers, at the next Court to be holden within the &s;aid Mannor.</P>
<P N="26">XXVI. <HI>Item,</HI> The Cu&s;tom is, and time out of mind u&s;ed hath been, that the Sheriff or any his Bayliffs and Mini|&s;ters, cannot enter within this Liberty to &s;erve any Proce&s;s, upon any Per&s;on within the &s;ame, unle&s;s it be with a Com|mandment or Subpena.</P>
<P N="27">XXVII. <HI>Item,</HI> If any Tenant doth give or &s;ell any part or parcel of his Te|nements, or the whole without Surrender, it is a Forfeiture.</P>
<P N="28">XXVIII. <HI>Item,</HI> If any Tenant do let down his Tenement or any part there|of, being payned at two Courts, to Build
<PB N="21" REF="13">the &s;ame by a certain pain, and the third Court on pain of Forfeiture, and doth not Build the &s;ame according to the order in the Court, taken by the Homage and the Steward, it is a Forfeit.</P>
<P N="29">XXIX. <HI>Item,</HI> If any be an Inheritor to any Lands or Tenements, doth &s;ell the &s;ame to any Per&s;on or Per&s;ons before he, or &s;he &s;hall become Tenant to the Lord in his Court, and do other Suits and Services, according to the cu&s;tom there, it is a Forfeiture.</P>
<P N="30">XXX. <HI>Item,</HI> If any Tenant do de|tain 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 e&s;&s;oyned four general Courts together, one after another, is cau&s;e of Forfeiture.</P>
<P N="31">XXXI. <HI>Item,</HI> If any Tenant do convey any Part of the Lord&s;hip, to any other with intent to deceive the Lord of the &s;ame, it is a Forfeit.</P>
<P N="32">XXXII. <HI>Item,</HI> If any Per&s;on do hold any Cu&s;tomary Lands joyntly within this Mannor, it is a Forfeiture by the Cu|&s;tom.</P>
<P N="33">XXXIII. <HI>Item,</HI> If any Reeve cho|&s;en by the Homage, &s;hall refu&s;e to gather
<PB N="18" REF="14" MS="y">the Lords Rents and Profeits, or &s;hall re|fu&s;e to beat the Office according to the Cu&s;tom, and to pay the Rents and Pro|fits by him levied by vertue of his Office, is cau&s;e of Forfeiture.</P>
<P><HI>And after that,</HI> And according to the &s;ame Articles and Cu&s;toms agreed upon, and put in Writing; the Cu&s;tomary Te|nants of the &s;aid Mannor of <HI>Payn&s;wicke,</HI> quietly enjoyed their Cu&s;tomary Me&s;&s;uages and Tenements, and were admitted Te|nants from time to time, and did yeild and pay all Rents and Cu&s;toms according|ly, and according to the &s;aid Cu&s;tom as in former and ancient times they had done, and enjoyed the &s;ame, and al&s;o there were, and time out of mind had been, within the &s;aid Mannor divers other ancient Cu&s;toms and U&s;ages, not mentioned nor &s;et down in the &s;aid <HI>Iudenture,</HI> and name|ly by the Cu&s;tom of the &s;aid Mannor, the Cu&s;tomary Tenants thereof, have u&s;ed to exchange their Cu&s;tomary Lands, or part thereof one with another, they fir&s;t coming into the Court of the Mannor, and there paying licen&s;e to make &s;uch exchange, and each of the &s;aid Tenants &s;o exchanging, paying therefore two pence a piece for every. Acre &s;o exchanged, and
<PB N="19" REF="14" MS="y">the &s;ame Exchanges being from time to time Entered and Recorded in the Court Rolls of the &s;aid Mannor, have been ever held and allowed as lawful; And al&s;o the Cu&s;tom of the &s;aid Mannor there u&s;ed was and had been, that if any cu&s;tomary Tenant dyed &s;eized of any Cu&s;tomary E|&s;tate of Inheritance, of or in any cu&s;tom|ary Lands or Tenements of the &s;aid Man|nor, his Heir being under the Age of One and Twenty years, that then the next of Kin to the &s;aid Heir, not Inheriota|ble to the &s;aid cu&s;tomary Lands, ought to have, and u&s;ed to have the Cu&s;tody of the &s;ame Heir, of &s;uch his Lands until the full Age of One and Twenty years, of &s;uch Heir, yeilding account therefore unto the &s;aid Heir at his full Age, the over&s;ight, government and commit|ment thereof, to be in the Court upon charge of the Homage of the &s;aid Man|nor. And whereas al&s;o, about three or four Years before the &s;aid Bill exhibi|ted on <HI>Henry Barns,</HI> Grandfather of the &s;aid Plaintiff <HI>William Barns,</HI> was a copy|hold Tenant, and dyed &s;eized of a Copy|hold and Cu&s;tomary E&s;tate of Inheri|tance, in Fee-&s;imple of certain copy hold Lands and Tenements, parcel of the
<PB N="24" REF="15">&s;aid Mannor, which by the Cu&s;tom of the &s;aid Mannor, de&s;cended unto <HI>Humphery Barns,</HI> Son and Heir of the &s;aid <HI>Henry,</HI> which <HI>Humphery</HI> dyed &s;eized of the &s;aid E&s;tate, and by the &s;aid Cu&s;tom, the &s;ame de&s;cended to <HI>Henry Barns,</HI> Son and Heir of the &s;aid <HI>Humphery Barns,</HI> which &s;aid <HI>Henry Barns,</HI> Son of the &s;aid <HI>Humphery,</HI> dyed &s;eized of the &s;aid E&s;tate, and by the Cu&s;tom of the &s;aid Mannor, the &s;ame de&s;cended, and came to the Plaintiff <HI>William Barns,</HI> Brother and Heir of <HI>Henry Barns</HI> the Son; and the &s;aid Plaintiff <HI>William Barns,</HI> is an Infant of the Age of Ten Years or there about, and under the Age of One and Twenty; and the &s;aid Plaintiff <HI>Giles Carter,</HI> having Married the Mother of the &s;aid Plaintiff <HI>William Barns,</HI> the &s;aid Plaintiff <HI>William Barns,</HI> is and ought by the Cu&s;tom of the &s;aid Mannor, to be in the Cu&s;tody of the &s;aid Plaintiff <HI>Giles Carter,</HI> and <HI>Agnes</HI> his Wife; all which ancient and laudable cu&s;toms are and had been u&s;ed, as the &s;aid plaintiff alledged until then of late; but &s;o it was as they al&s;o alledged by their &s;aid Bill, that &s;ome e&s;tate or con|veyance being lately had and made of the &s;aid Mannor, by the &s;aid Defendant
<PB N="25" REF="15"><HI>Henry Jernegan</HI> the elder, to the u&s;e of the other Defendant, <HI>Henry Jernegan</HI> the younger, he the &s;aid <HI>Henry Jernegan</HI> the younger, pretended and went about to call in que&s;tion, and to avoid divers of the &s;aid Complainants E&s;tates, upon pre|tence and &s;urmi&s;e of &s;ome defects or want of Warrants, or mi&s;taking in the &s;t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ing or keeping of the Courts of the &s;aid Mannor, or of the Steward that kept the &s;ame, or of the parties in who&s;e names the &s;ame Courts were kept, and that therefore the admittances of &s;undry of the &s;aid Plaintiffs &s;hould be void, which the &s;aid <HI>Henry Jernegan</HI> the younger gave out he would avoid, and to that end, whereas upon every di&s;cent of an Cu&s;tomary Land of Inheritance, the Lord by the Cu&s;tom of the &s;aid Mannor, is to have one years Rent for his Fine, and the Tenant or next Heir thereupon to be ad|mitted to the &s;ame Land; the &s;aid Defen|dnant <HI>Henry Jernegan</HI> the younger, deni|ed, that there was any &s;uch Cu&s;tom, and al&s;o denied unto the &s;aid Complainants, the Herbage and Paunage of the com|mon Woods, Hils and Wa&s;ts of the &s;aid Mannor, which the ancient Court Rolls of the &s;aid Mannor did prove, re|maining
<PB N="30" REF="16" MS="y">in the Defendants Cu&s;tody, and that the &s;aid <HI>Henry Jernegan</HI> the younger had of late oppre&s;&s;ed the commonable Grounds, with great numbers of Sheep, &amp; had cau&s;ed the Steward of the &s;aid Mannor not to make entry of any exchange between the Cu&s;tomary Tenants of the &s;aid Man|nor, for &s;uch Fines as hath been accu&s;tom|ed; and al&s;o the &s;aid <HI>Henry Jernegan</HI> the younger, had made &s;ome grant of the &s;aid Plaintiff <HI>Barns</HI> his cu&s;tomary Lands, of purpo&s;e to prejudice him being a poor Infant; and that the &s;aid <HI>Henry Jerne|gan</HI> the younger, had made &s;ome &s;ecret <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;es, of &s;ome of the &s;aid Cu&s;tomary Lands and Premi&s;es, belonging to the &s;aid Plaintiff, to divers Per&s;ons unknown to them, and had commenced, or cau&s;ed to be commenced, and threatned to bring and Pro&s;ecute divers Suits at the common Law again&s;t the &s;aid Plaintiffs, con|cerning the Premi&s;es, for avoiding whereof, and that the &s;aid Cu&s;toms might be certainly known and E&s;tabli<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">'d, and for that the &s;aid Defendants, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> their Stewards, had in their cu&s;todies <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the Writings which did &s;hew the &s;aid C<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|&s;toms, without which the &s;aid Plaintiffs were not able to defend them&s;elves at
<PB N="31" REF="16">the common Law, but were like with|out the aid of this Court, to be without <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">emedy in the Premi&s;es, for all which cau&s;es, the &s;aid Complainants prayed the proce&s;s of this Court again&s;t the &s;aid De|fendants, <HI>Henry Jernegan</HI> the elder, <HI>Hen|ry Jernegan</HI> the younger, and <HI>Thomas Nea&s;t</HI> to an&s;wer the Premi&s;es, and to &s;hew cau&s;e why the &s;aid Cu&s;toms hereto|fore agreed upon, between the &s;aid <HI>Hen|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y Jernegan</HI> the elder, and the Tenants of the &s;aid Manner of <HI>Payn&s;wicke,</HI> and the other before-mentioned Cu&s;toms &s;hould not &s;tand and be retified by the decree of this Court, as by the &s;aid Bill of complaints of the &s;aid Tenants, re|maining of Record in this Court appear|ed, unto which Bill the &s;aid Defendants made their an&s;wer in this Court; and fir&s;t <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">he &s;aid <HI>Henry Jernegan</HI> the elder did, in <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd by his &s;everal an&s;wers, in &s;ub|&s;tance confe&s;s all the &s;aid Cu&s;toms alledg|ed in the &s;aid complainants Bill, and confe&s;&s;ed the making of the &s;aid In|denture by him&s;elf, unto the &s;aid Tenants, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd &s;aid that he had &s;ince continued and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">llowed of the &s;aid Cu&s;toms, and was <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">till ready and willing to approve and al|<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ow thereof, according to the true intent
<PB N="28" REF="17">of the &s;aid Indenture of Articles, and confe&s;&s;ed that he had made a conveyance of the &s;aid Mannor of <HI>Payn&s;wicke,</HI> to th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> u&s;e of his &s;aid Son, the other Defendant, which he &s;aid he hoped was not prejudici|al to the &s;aid Cu&s;toms; and the &s;aid <HI>Henry Jernegan</HI> the younger, and <HI>Tho|mas Nea&s;t</HI> by their &s;aid an&s;wer &s;aid, <HI>That during the Minority of any Infant, to whom any Copy-hold Lands of the &s;aid Mannor did de&s;cend upon, by the Death of his Ance&s;tors, the Lord of the &s;aid Manner ought to have the Ward&s;hip and Cu&s;tody of the &s;aid Lands;</HI> and that he the &s;aid <HI>Henry Jerne|gan</HI> the younger, by vertue thereof ha|ving Right to the Cu&s;tomary Lands of the &s;aid <HI>William Barns,</HI> did grant the &s;ame Lands unto the other Defendant <HI>Thomas Nea&s;t,</HI> and the &s;aid Defendants <HI>Henry Jornegan</HI> the younger, and <HI>Thomas Nea&s;t</HI> did by their &s;aid an&s;wers traver&s;e and deny the re&s;idue of the points of the &s;aid Bill, and &s;o concluded their &s;aid an|&s;wer, as by the &s;aid &s;everal an&s;wers al&s;o remaining of Record in this Court more fully and at large appeared, whereunto the &s;aid Complainants replyed, and the &s;aid Parties being at I&s;&s;ue, a Commi&s;&s;ion I&s;&s;ued out of this Court for Examina|tion
<PB N="29" REF="17">of Witne&s;&s;es on both Parts, which being returned, and according to the ordi|nary rules of this Court, publi&s;hed a day for hearing of the &s;aid cau&s;e, was by this Court appointed in the la&s;t <HI>Trini|ty Term,</HI> as well upon the &s;aid Bill exhi|bited by the &s;aid Mr <HI>Henry Jernegan</HI> the younger, again&s;t the &s;aid Tenants Defendants, as on the &s;aid Bill exhibited by the &s;aid Tenants Complainants, a|gain&s;t them the &s;aid <HI>Henry Jernegan</HI> the elder, <HI>Henry Jernegan</HI> the younger, and <HI>Thomas Nea&s;t</HI> Defendants, at which day, being the Eight day of <HI>June</HI> la&s;t, For as much as upon the entring into the hearing of the matter that day, in the pre&s;ence of the Councel, learned on both Parts, for the touching the Cu&s;toms of the &s;aid Mannor, this Court thought it fit, for avoiding further Controver&s;ie and Suits, that &s;ome indifferent Per&s;ons might, upon con&s;ideration had of all the Court Rolls of the &s;aid Mr <HI>Jernegan,</HI> and the Copies of the Tenants, mediate an end between the Parties, &s;o as the &s;aid Mr <HI>Jernegan,</HI> Lord of the &s;aid Mannor, might have that which apper|tained unto him in rea&s;onable proportion, and that he might u&s;e his Tenants lo|vingly
<PB N="20" REF="18">and kindly, upon their &s;ubmi&s;&s;ive carriage towards him, whereunto the Council on both Parts a&s;&s;ented; it wa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> therefore then among&s;t other things, or|dered that the matter &s;hould be refered to Mr <HI>Thorsby</HI> one of the Ma&s;ters of this Court, and Mr. <HI>Bridgman,</HI> and Mr. <HI>Co|ventre</HI> being of Council with the Parties to the end that they three upon the &s;ight of all the Court Rolls of the &s;aid Man|nor, and all the ancient Copies of the &s;aid Tenant, which were all to be brought before them upon the Oathes of the Parties, and al&s;o upon fight of de|po&s;itions of Witne&s;&s;es taken in this cau&s;e, the depo&s;ition of &s;uch Witne&s;&s;es as were Tenants only excepted, of who&s;e Te&s;ti|mony the Court gave no allowance, might treat, mediate, and &s;et down &s;ome good end between the Parties if they could, if not, that then they &s;hould cer|tifie this Court the difference between them, whereupon &s;uch further order &s;hould be taken in the cau&s;e, as &s;hould be meet, according to which order the &s;aid Mr <HI>Thor&s;by,</HI> Mr <HI>Bridgman</HI> and Mr <HI>Co|ventre</HI> made their Certificate to this Court, in manner and form following, that is to &s;ay, <HI>The Twenty &s;eventh day of
<PB N="27" REF="18">November, One Thou&s;and Six Hundred and Thirteen; between</HI> Henry Jernegan <HI>the younger <ABBR>E&s;q</ABBR> Complainant, and the Cu&s;tomary Tenants of the Mannor of</HI> Payn&s;|wicke <HI>in the County of</HI> Glouce&s;ter <HI>Defen|dants; and between the &s;aid Tenants Com|plainants, and the afore&s;aid</HI> Henry Jernegan <HI>Defendant, by warrant of an Order of the Eight of</HI> June <HI>la&s;t: We have con&s;idered of the Court Rolls of the &s;aid Mannor brought before &V;s by the &s;aid</HI> Jernegan, <HI>and the Copies brought before &V;s by the &s;aid Tenants, and al&s;o of the depo&s;itions of Witne&s;&s;es taken in this cau&s;e; and we have al&s;o advi&s;edly peru|&s;ed the Indenture made by</HI> Henry Jernegan <HI>the elder <ABBR>E&s;q</ABBR> Father of the Plaintiff, and finding the &s;ame in divers Articles, rather by the unskilful Penning thereof, then for any matter of &s;ub&s;tance to vary, both from the Rolls and Witne&s;&s;es, we have thought good to explain the &s;ame in &s;uch &s;ort as followeth.</HI></P>
<P><HI>Fir&s;t,</HI> Whereas it is contained in the Sixth Article of the &s;aid Indenture, that every Surrender made into the hands of the Reeve or his Deputy, ought to be pre&s;ented at the next Court, or el&s;e the &s;ame to be void, we find that &s;uch Sur|render may be pre&s;ented at or before the
<PB N="32" REF="19">next general Court of the &s;aid Mannor, commonly called the Law-day, and hold|en within the Month after either of the Fea&s;ts of <HI>Ea&s;ter</HI> or St <HI>Michael</HI> the arch-Angel, and upon every &s;uch Surrender made, the Lord is to have his Heriot, if the Tenement be heriotable, of &s;uch Cattle or Goods as the Tenant had at the time of the &s;aid Surrender &s;o made to the Reeve or his Deputy, or at any time after.</P>
<P><HI>And whereas,</HI> it is contained in the One and Twentieth Article of the &s;ame Indenture, that after the Death of every Tenant, dying &s;eized of any Lands or Tenement within the &s;aid Mannor, Pro|clamation &s;hall be made at the next Court, and at two other next Courts, and if none come to challenge the &s;ame Lands, then the &s;ame Lands &s;hall e&s;cheat to the Lord.</P>
<P><HI>And</HI> in the Seven and Twentieth Ar|ticle of the &s;ame Indenture it is contain|ed, that the Tenants for Wa&s;te done, &s;hall be pained at two Courts, and at a third Court upon pain of fo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">feiture; we are of opinion, upon view of the &s;aid Rolls and depo&s;itions, that the Courts mentioned in the &s;aid two la&s;t mentioned
<PB N="33" REF="19" MS="y">Articles, are to be taken for the two general Courts u&s;ually holden within the &s;aid Mannor, within one Month af|ter the Fea&s;t of <HI>Ea&s;ter,</HI> and St <HI>Michael</HI> the Arch-Angel, commonly called <HI>Law|days,</HI> and that no Tenant of the &s;aid Mannor, &s;hall incur any prejudice or da|mage by rea&s;on of the not doing of any thing contained in the &s;aid Articles, or either of them, &s;o as the &s;ame be done at &s;uch general Court or Courts as is afore|&s;aid; and whereas the &s;aid Seven and Twentieth Article concerning Wa&s;te, by the words thereof doth &s;eem to extend only to the letting down of Hou&s;es, we are of opinion that the &s;ame was meant and intended to extend to all Wa&s;tes and decayes in Hou&s;es, and this we conceive was the true meaning of the Parties, how|&s;oever the &s;aid Indenture be &s;omewhat imperfectly penned.</P>
<P><HI>And whereas</HI> in the Eleventh Article of the &s;ame Indenture it is declared, that after the Death of a Woman holding by her free Bench the Tenement or Tene|ments wherein her tenure &s;hall come to the next Heir, on her part of the Hu&s;|band of the &s;ame Woman, and for lack of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uch Heir to the next Kin&s;man of the
<PB N="34" REF="20">&s;aid Husband; we do find that the Cu&s;tom of the Mannor is and &s;o wa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> meant to have been declared by the &s;aid Article, that after the Death of &s;uch a Woman, &s;uch Tenements &s;hall di&s;iend to the Heirs of the &s;ame Husband accord|ing to the cour&s;e of the common Law, and not otherwi&s;e.</P>
<P><HI>And</HI> whereas by the Thirteenth Ar|ticle of the &s;ame Indenture it is declared, that all Tenants by their Cu&s;tom, 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 nece&s;|&s;ary Boots, to be &s;pent and imployed upon the &s;aid Tenements, and therefore we hold it meet, that the &s;aid Article as to &s;o much thereof, as concerneth the felling any Wood, Timber, or Trees, to be explained not to extend but only to &s;uch Tenants as have E&s;tates of Inhe|ritance.</P>
<P><HI>And</HI> where in the &s;ame Thirteenth Article of the Indenture it is declared, that every Cu&s;tomary Tenant may be<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> and Let his Lands without Licence; we find the &s;ame
<PB N="35" REF="20">Cu&s;tom warranted by &s;undry proofs; howbeit we find it proved, that &s;uch Lea&s;e is to hold no longer then to the Fea&s;t of St <HI>Michael</HI> the Arch-Angel, next after the Death of him or her that made it, and in cau&s;e of Death to be deter|mined at <HI>Michaelmas</HI> after &s;uch Death, or by Surrender, or Forfeiture of the E&s;tate, in the mean time for what term of Years &s;oever the &s;aid Lea&s;e be made, and &s;o much we hold meet to be added, in the explaina|tion of the &s;aid Article.</P>
<P><HI>And</HI> where by the Twentieth Article of the &s;ame Indenture it is declared, how and in what &s;ort the Daughters of any Cu&s;tomary Tenant of the &s;aid Mannor, ought to divide the Inheritance of their Ance&s;tors; we hold it meet to be added by way of explaination of the &s;aid Article, that in ca&s;e any one or more of the &s;aid Daughters of &s;uch Copy-holders, happen to dye either in the life time or after the death of &s;uch Copy-holder, that the Heir or Heirs of her or them &s;o dying, ought to have the like benefit in every re&s;pect, for and touching any thing contained in the &s;aid Article, as the Party or Parties dying &s;hould or ought to have had if he or they had happened to live.</P>
<PB N="36" REF="21">
<P><HI>And</HI> concerning the Fourteenth and Five and Twentieth Article of the &s;aid Indenture, we do not find the &s;ame war|ranted by any proofs, nor do hold them fit to be coutinued, but are of opinion that the &s;ame &s;hall be henceforth utterly di&s;allowed.</P>
<P><HI>But</HI> concerning the rates of Fines, both upon Death and Surrender, being the matter chiefly controverted between the &s;aid Lord and Tenants; we find pro|ved both by depo&s;ition of Witne&s;&s;es, and by &s;undry Copies and Rolls of the times of <HI>King Edward</HI> the Sixth, <HI>Queen Mary</HI> and <HI>Queen Elizabeth,</HI> and &s;ome of antienter times, that the Tenants upon Surrenders u&s;ed to pay four Years Rent for their Fines, and upon decent one Years Rent for their Fines; and in this we find a very con&s;tant cour&s;e with little or no variance for Three&s;core Years now pa&s;t or more, until by the &s;aid Indenture the Fines upon Surrenders were rai&s;ed from four unto &s;e|ven Years Rent, at which rate they have continued ever &s;ince the making of the &s;aid Indenture, and therefore we are of opini|on that it is very meet, that the Fines of the Tenants of the &s;aid Mannor, &s;hall be continued and payed in certainty, accord|ing
<PB N="37" REF="21">to the &s;aid Indenture, and that no fur|ther que&s;tion be hereafter moved by the Lords of the &s;aid Mannor, that are or &s;hall be concerning the &s;aid point of incer|tainty of Fine; after con&s;ideration had of all which things we found &s;ome diffi|culty how to compo&s;e the &s;aid cau&s;e, un|le&s;s we could &s;ettle &s;ome other Que&s;tions not mentioned in the &s;aid Indenture, be|tween the &s;aid Lord and Tenants, and therefore by a&s;&s;ent and with the good liking of all the &s;aid Parties, we took con&s;ideration thereof al&s;o, and to that purpo&s;e, whereas &s;ome que&s;tion hath been between the &s;aid Lord and Tenants, for that the Lord claimed to have the ward|&s;hip of the &s;aid Tenants Heirs being within Age, to his own u&s;e, for as much as it appeared to us, that upon that point there hath been a Tryal by verdict at the common Law, which pa&s;t again&s;t 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 &s;uch ward, but only the committing of &s;uch Heir to &s;ome of his near Kindred, by the advice of the Homage, for which com|mitment the Lord for the time being &s;hall
<PB N="38" REF="22">have for a Fine three Years Rent and no more, &s;aving one Years Rent more which the Lord is al&s;o to have in every &s;uch cau&s;e, in re&s;pect of the di&s;&s;ent to the Heir, and if any Lands &s;hall afterwards defend to &s;uch Heir during his non age, then the Lord &s;hall have the like Fine and Fines in every re&s;pect, according to the Rent of the Land &s;o newly de&s;cended, as he had or &s;hall have upon the fir&s;t commitment. And whereas there are within the &s;aid Mannor, &s;undry Lands called by the name of the <HI>Demea&s;ue, Lands,</HI> which we find hath been time out of mind accu&s;tomed to pa&s;s by Copy, and neverthele&s;s becau&s;e they are called <HI>De|mea&s;ues,</HI> the Lord hath of late made que&s;ti|on whether they are grantable by Copy or not, a thing in our opinions of &s;mall weight, to &s;hake the validity of a thing &s;o long continued. And there al&s;o within the &s;aid Mannor, certain Lands called <HI>Chantry-Lands,</HI> which being but of &s;mall quantity, and lying intermixed among&s;t the Copy-holds of the &s;aid Mannor, have of long time been granted by Copy of Court Roll. And there is al&s;o a certain Ground called <HI>Wickerige-hill,</HI> which the Lord Pretendeth hath been parcels of the Wa&s;te of the &s;aid Mannor, but we find that
<PB N="39" REF="22">by long continued u&s;age, the Tenants have enjoyed &s;everal parcels thereof, as part of their Tenements which they hold by Copy; we are of opinion that it is meet, that the &s;ame <HI>Demea&s;ue-Lands</HI> and <HI>Chantry-Lands,</HI> &s;hall be accounted and enjoyed as Copy-hold, by the re&s;pective owners thereof: And that the &s;aid par|cel of <HI>Wickerige-hill,</HI> &s;hall be for ever here after likewi&s;e enjoyed by the re|&s;pective Owners and Po&s;&s;e&s;&s;ors thereof, in like &s;ort as now it is, without further claim, let or interuption of the &s;aid <HI>Henry Jernegan,</HI> or of any other that &s;hall be Lord of the &s;aid Mannor, &s;aving that the Lord may put in his Cattel there as a Commoner at all times, when the &s;ame Ground &s;hall lie fallen, or otherwi&s;e open to the Wa&s;te next adjoyning thereunto. And whereas their is another que&s;tion be|tween the &s;aid Lord and Tenants, touch|ing the Fines to be payed to the Lord upon any exchange of any Land, to be made among&s;t the Tenants; we find that the &s;aid Tenants have u&s;ed to make &s;uch exchanges, paying for every Acre to the Lord of the &s;aid Mannor for his Fine, the &s;um of four Pence, which rate we <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">old meet &s;hould be ratified, allowed, and
<PB N="40" REF="23">confirmed for ever: The&s;e things be|ing &s;o dige&s;ted, we moved the Tenants that they would be content to rai&s;e among them, &s;ome rea&s;onable &s;um of Mo|ney, to be be&s;towed 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 &s;um of One Thou&s;and Four Hundred and Fifty Pound; that is to &s;ay, Five Hundred and Fifty Pounds, at or be|fore the fifth day of <HI>December</HI> now next coming, Four Hundred and Fifty Pounds upon the fifth day of <HI>December,</HI> which &s;hall be in the Year of our <HI>Lord God,</HI> 1614. at the Church Porch of <HI>Payn&s;wicke,</HI> and Four Hundred and Fifty Pounds re&s;idue, upon the fifth day of <HI>December,</HI> which &s;hall be in the Year of our <HI>Lord God,</HI> 1615. at the place afore&s;aid; which money we have wi&s;hed, and the &s;aid Mr <HI>Je<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">negan</HI> hath under taken &s;hall be be&s;towed in &s;uch &s;ort, that the benefit thereof may redown not only to him&s;elf, but unto his Wife, who hath a Joynture in the &s;aid Mannor, and to his Son and Heir <HI>John Jernegan,</HI> in whom we find the Inheritance of the &s;aid Mannor expectant upon his Fathers Death, is by good conveyance &s;ettled;
<PB N="41" REF="23">and the &s;aid Tenants have likwi&s;e a&s;&s;en|ted, that whereas by the &s;aid Indenture it is declared, that they ought to have the Herbage and Panage of the common Woods, common Hills, and Wa&s;tes of the &s;aid Mannor; and it &s;tandeth proved by Witne&s;&s;es, that they ever enjoyed the &s;ame, and the Lord hath been wholly ex|cluded thereof: The Lord of the &s;aid Mannor for the time being, may for the better breeding and increa&s;e of Wood, inclo&s;e one full third part of all the Woods, and Wood grounds of the &s;aid Mannor, which do now lie open and in common, &s;aving the Wa&s;te ground cal|led, <HI>Sponbed-hill</HI> alias <HI>Kimsbury-hill,</HI> whereof he may al&s;o inclo&s;e Five and Twenty Acres, in &s;uch places and man|ner, as the &s;ame parts &s;o to be inclo&s;ed, have been lately &s;et out by the Lord and Tenants; and that the &s;aid Lord may keep the &s;ame parts &s;o inclo&s;ed, from time to time according to the Statutes in that be|half; and al&s;o that the Lord of the &s;aid Mannor for the time being, &s;hall have common with the &s;aid Tenants, in the Wa&s;te and commonable Grounds afore|&s;aid, after the Rate and Proportion of two yard Lands and no more, for the
<PB N="42" REF="24">Land the &s;aid Lord <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ow hath, and for &s;uch Lands as the Lord of the &s;aid Man|nor &s;hall hereafter happen to have com|mon, after &s;uch Rate and Proportion, as the Tenants of the &s;aid Mannor have o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;hall have, wherewith the &s;aid Mr <HI>Jerne|gan</HI> is well contented; in <HI>Re&s;pect</HI> of all which we hold it meet, if it &s;hall &s;o &s;eem meet to this honorable Court, that the &s;aid Indenture with &s;uch explanations, alterati|ons, and additions as are before &s;et down, with other the premi&s;es by us before thought meet to be done and performed, &s;hould be ratified by the decree, &amp; authority of this honorable Court, again&s;t the &s;aid <HI>Henry Jernegan</HI> the elder, and <HI>Henry Jer|negan</HI> the younger, and <HI>Elinor</HI> his Wife, and <HI>John Jernegan</HI> his Son and Heir, ap|parent, their and every of their Heirs and A&s;&s;igns, and again&s;t all and every Per&s;on and Per&s;ons, having or lawfully claiming, or that &s;hall hereafter have or lawfully claim, from, by or under them, or any of them, the rather for that the &s;aid Mr <HI>Jer|negan</HI> the elder, at the time of the mak|ing of the &s;aid Indenture, was owner of the Inheritance of the &s;aid Mannor; and for that we conceive, the &s;aid Tenants have given for bying their Peace, a very
<PB N="43" REF="24">ample and liberal &s;atisfaction to their Landlord, not inferior in our opinions, to the true worth of any benefit they &s;hall, or may receive by this Order; and to the end the &s;aid Mr <HI>Jernegan</HI> may be &s;ecured of the Money, agreed to be payed unto him, and an even cour&s;e may be held, for the &s;atisfying all charges &s;u&s;tained in this bu&s;ine&s;s, we have cau&s;ed the &s;aid Tenants among them&s;elves, to make a Taxation, what every of them is to pay, as well to &s;atisfie the &s;aid Money payable to Mr <HI>Jer|negan,</HI> as all charges incident to this bu&s;i|ne&s;s, which Taxation is &s;et down in a <HI>Schedule,</HI> to the&s;e pre&s;ents annexed; and we hold it meet, if any the Per&s;ons there|by taxed, &s;hall make default of payment of any the Sums by them payable, the Lands and Tenements of him that &s;hall make &s;uch default, may by order of this Court be Seque&s;tred, into the hands of any meet Per&s;ons, to be nominated by the &s;aid Mr <HI>Jernegan,</HI> as well for contributi|on to be made to &s;uch of the Tenants, as have already given &s;ecurity for the &s;aid payment, and undergone the charges of this bu&s;ine&s;s, as for the &s;atisfation of the &s;aid Mr <HI>Jernegan</HI> for the re&s;idue, with da|mages for the forbearance thereof, after
<PB N="44" REF="25">the rate of fifteen in the Hundred; and all the charges in the procuring, or exe|cuting the &s;aid &s;eque&s;tration; which <HI>Sche|dule</HI> annexed unto the &s;aid Certificate, fol|loweth in manner and form following, that is to &s;ay, <HI>A Schedule</HI> containing the Names of the Copy-holders of the Man|nor of <HI>Payn&s;wicke</HI> in the County of <HI>Glou|ce&s;ter,</HI> and what Sums every of them is to pay for their &s;everal Tenements, and at what days, according to the report of <HI>Henry Thorsby</HI> <ABBR>E&s;q</ABBR> one of the Ma&s;ters of the high Court of <HI>Chancery, John Bridgman</HI> and <HI>Thomas Coventry</HI> <ABBR>E&s;qs</ABBR> made in the &s;aid Court of <HI>Chancery,</HI> the &s;even and Twentieth day of <HI>November, Anno Regni Regis Jacobi &V;ndecimo.</HI></P>
<DIV2 TYPE="part">
<P>SUms to be payed the fifth of <HI>December</HI> One thou&s;and &s;ix hundred and thir|teen, <HI>John Bi&s;hopp,</HI> eleven Pound three Shillings four Pence, <HI>Richard Knowles,</HI> five Pound, <HI>John Tickle</HI> eight Pound five Shillings, <HI>John King</HI> eight Pound, <HI>Thomas Ca&s;tle</HI> twelve Pound eight Shillings &s;ix Pe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ce, <HI>Elizabeth King</HI> five Pound five Shillings, <HI>Robert King</HI> four Pounds, <HI>John
<PB N="45" REF="25" MS="y">Poole</HI> eleven Pounds ten Pence, <HI>Thomas Gardiner</HI> &s;enior, <HI>Thomas Gardiner</HI> junior, thirteen Pound, <HI>John Gyde</HI> &s;even Pounds ten Shillings, <HI>John Winchcome</HI> five Pounds fourteen Shillings, <HI>William Twening</HI> &s;even Pounds &s;ixteen Shillings, <HI>Anthony Gardi|ner</HI> five Pounds, <HI>John Mower</HI> fourteen Pounds ten Shillings, <HI>John Gardiner</HI> of <HI>Ha&s;come,</HI> five Pounds, <HI>John Tunly</HI> five Pounds, <HI>Thomas Wine</HI> eight Pounds, <HI>Eli|zabeth Hawkins</HI> five Pounds, <HI>John Beard</HI> four Pounds ten Shillings, <HI>Thomas Vaughan</HI> three Pounds nineteen Shillings &s;ix Pence, <HI>William Widdow</HI> one Pound twelve Shil|lings, <HI>Thomas Short</HI> two Pounds two Shillings, <HI>John Ru&s;&s;el</HI> three Pounds five Shillings, <HI>Robert Harris</HI> one Pound &s;ix Shillings, <HI>William King</HI> twelve Shillings, <HI>John Hunt</HI> four Shillings &s;ix Pence, <HI>Wil|liam Bangerfeild</HI> three Shillings, <HI>John Sea|man</HI> Docter of Law, one Pound ten Shil|lings, <HI>Thomas Hilman</HI> four Pounds two Shillings, <HI>Thomas Pitt</HI> &s;even Pounds, <HI>Hen|ry Mayo</HI> five Pounds, <HI>Richard Gardiner</HI> nine <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;ix Pence, <HI>Thomas We&s;t</HI> twelve Shillings, <HI>Peter Bird</HI> three Pound five Shillings, <HI>Thomas Andrews</HI> &s;ixteen Shil|lings, <HI>Thomas Flamberd</HI> &s;ix Shillings, <HI>Alice Syford</HI> &s;ix Shillings, <HI>Humphery Whiteaker</HI>
<PB N="46" REF="26" MS="y">eight Shillings, <HI>Adam <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ingell</HI> &s;ix Shillings, <HI>Henry Lord</HI> eleven Shillings, <HI>William Myll</HI> two Pounds, <HI>Walter Coocke</HI> &s;ix Shillings, <HI>William Harding</HI> &s;ix Shillings, <HI>Francis Harding</HI> eleven Shillings, <HI>William Heath</HI> &s;ix Shillings, <HI>Harding Widdow</HI> nine Shil|lings, <HI>Jone Pil&s;on</HI> &s;ix Shillings, <HI>Thomas Coles</HI> one Shilling, <HI>Patrick Tickle</HI> &s;ix Shil|lings, <HI>William Twening</HI> three Pounds, <HI>John Clarke</HI> &s;ix Shillings, <HI>William Hawkins</HI> ten Shillings, <HI>Thomas Motly</HI> ten Shillings, <HI>Wil|liam Little</HI> &s;ix Shillings <HI>Thomas Jenkins</HI> two Pounds five Shillings, <HI>John Fream</HI> &s;ix Shil|lings, <HI>William Rice</HI> eleven Shillings, <HI>Robert Clutterbuck</HI> one Pound &s;even Shilling, <HI>John Holder</HI> four Pounds &s;ix Shillings &s;ix Pence, <HI>Gyles Wheler</HI> three Pounds &s;ix Shilling eight Pence, <HI>Gyles Arther</HI> ten Shillings, <HI>Gybbens</HI> ten Shillings, <HI>Reylocke Widdow</HI> ten Shillings, <HI>Edward Gardner</HI> one Pound, <HI>Michael Har|ding</HI> &s;ix Shillings, <HI>John Stama<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e</HI> eight Shils. <HI>Thomas Williams</HI> &s;ix Shillings, <HI>William Ha|&s;ilton</HI> eight Shillings, <HI>Cooke Widdow, James Cooke</HI> eight Shillings, <HI>John Cooke</HI> &s;ix Shil|lings, <HI>Eliener Warren</HI> three Shillings &s;ix Pence, <HI>Elizabeth Cooper</HI> eighteen Shillings, <HI>George Sturmy</HI> &s;ix Shillings, <HI>John Corbet</HI> &s;ix Shillings, <HI>Henry Ridler</HI> &s;ixteen Shillings, <HI>William Wren</HI> ten Shillings, <HI>Ann Jackes</HI> &s;ix
<PB N="47" REF="26" MS="y">Shillings, <HI>Julian J<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ces</HI> &s;ix Shillings, <HI>Eli|nor Jaques</HI> &s;ix Shillings, <HI>Thomas <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"></HI> ten Shillings, <HI>William Hewling</HI> &s;ix Shil|lings, <HI>John Streate</HI> &s;ix Shillings, <HI>Toby Myll</HI> four Shillings four Pence, <HI>Richard Pitt</HI> &s;ix Shillings, <HI>John Gardiner</HI> two Pounds ten Shillings, <HI>John Badger</HI> two Pounds, <HI>Ann Whitehorn</HI> eight Shillings, <HI>Tho|mas Adams</HI> and <HI>William Linnet</HI> two pounds, <HI>Edmond Gynner</HI> &s;ix Shillings, <HI>Richard Banc|knot</HI> twelve Shillings, <HI>Samuel Davis</HI> &s;ix Shillings, <HI>Nicholas A&s;hman</HI> &s;ix Shillings, <HI>William Ma&s;on</HI> &s;ix Shillings, <HI>Robert Twen|ing</HI> one Pound nine Shillings, <HI>Richard King</HI> &s;ix Pounds two Shillings eight Pence, <HI>Thomas Kyne</HI> &s;ix Shillings, <HI>James Myll</HI> &s;ixteen Shillings, <HI>Richard Sellors</HI> twelve Shillings, <HI>William Niblet</HI> &s;ix Shil|lings, <HI>Ann Cooper</HI> one Pound eleven Shil|lings, <HI>Thomas Cree&s;e</HI> &s;ix Shillings, <HI>Richard Smyth</HI> &s;ix Shillings, <HI>John Hayes</HI> twelve Shillings, <HI>Amie Hoocke</HI> and <HI>Thomas Knowles</HI> ten Shillings, <HI>Robert Long</HI> &s;ix Shillings, <HI>Thomas Gybbins</HI> &s;ix Shillings, <HI>Court Hooper</HI> one Pound eight Shillings &s;ix Pence, <HI>William Loe</HI> &s;ix Shillings, <HI>Joan Wren</HI> eight Shillings, <HI>Margaret King</HI> eight Shillings, <HI>John Twening</HI> ten Pounds, <HI>John Twening</HI> of <HI>Wergine,</HI> three
<PB N="48" REF="27">puonds &s;ixteen Shiiling, <HI>Henry Aldredg</HI> Fifty Shillings, <HI>William Bly&s;s</HI> five pounds ten Shillings, <HI>William Barns</HI> ten Pounds ten Shillings, <HI>William Cly&s;&s;old</HI> ten Pounds, <HI>Widdow Cly&s;&s;o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d</HI> ten Pounds, <HI>Thomas Mer|ret</HI> five Pounds, <HI>Thomas Bly&s;e</HI> five Pounds, <HI>Thomas Loveday</HI> &s;ix Pounds nine Shillings, <HI>Edmond Flecher</HI> twenty nine Pounds &s;ix Shillings eight Pence, <HI>John Mayo</HI> &s;ixteen Pounds, <HI>John Jordane</HI> &s;eventeen Pounds, <HI>Widdow Ockey</HI> three Pounds &s;ixteen Shil|lings, <HI>Richard Flecher</HI> four Shillings, <HI>Tho|mas Flecher</HI> four Shillings, <HI>John Brown</HI> eleven Pounds, <HI>Richard Gardiner</HI> and his <HI>Wife,</HI> and <HI>Thomas Merret</HI> &s;ix Pounds, <HI>John Loveday</HI> two Pounds fifteen Shil|lings, <HI>Edward Hitchins</HI> twelve Pounds ten Shillings, <HI>Thomas Tayler</HI> eleven Pounds ten Shillings, <HI>John Gardiner</HI> three Pounds &s;ix Shillings, <HI>George Phelps</HI> five Pounds, <HI>Ann Bly&s;s, Viz.</HI> eight Pounds five Shil|lings, <HI>John Phillipts</HI> five Pound five Shil|lings, <HI>John We&s;t</HI> five, <HI>Corbers viz.</HI> four Shillings, <HI>John Daber</HI> four Shilling, <HI>Chri&s;topher Freame</HI> &s;ix Shillings, <HI>Robert E&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ington</HI> four Shillings, <HI>William Povie</HI> four Shillings four Pence. <HI>Thomas Twen|ing</HI> four Shillings four Pen<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e, <HI>John Wats</HI> one Shilling, <HI>Thomas Cliffold</HI> one Shil|ling,
<PB N="49" REF="27"><HI>Richard W<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ob</HI> one Shilling, <HI>Henry Flecher</HI> one Shilling, <HI>Gyles <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ardner</HI> one Shilling, <HI>John Baugh</HI> twelve Pounds, <HI>John Watkins</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">x Pounds, <HI>Thomas By&s;hopp</HI> ten Pounds, <HI>Richard Gardner</HI> and <HI>William Mayle</HI> twenty &s;even Pounds thirteen Shil|lings; <HI>Thomas Hurrupp</HI> thirteen Pounds eleven Shillings, <HI>William Osborne</HI> ninteen Pounds thirteen Shillings four Pence, <HI>Wal|ter Tocknel</HI> three Pounds ten Shillings, <HI>Ri|chard Wil&s;he<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e</HI> fifty Shillings, <HI>Richard Gard|ner</HI> &s;even Pounds five Shillings, <HI>William Bennet</HI> five Pounds, <HI>John Gyde</HI> junior thir|teen Shillings two Pence, <HI>William Mayle</HI> one Pound fifteen Shillings, <HI>John Tomes</HI> one Pound &s;even Shillings, <HI>Elenor Pyper</HI> two Pounds ten Shillings, <HI>William Tom|kins</HI> one Pound five Shillings, <HI>William Andrews</HI> one Pound five Shillings, <HI>Ri|chard Coocke</HI> twelve Shillings, <HI>Thomas Knowles</HI> twelve Shillings, <HI>William Wat|kins</HI> eighteen Shillings, <HI>Hawkins</HI> vid. &s;ix Shillings, <HI>Michael Harding</HI> &s;ix Shil|lings, <HI>John Myll</HI> three Shillings, <HI>Rich|ard Myll</HI> &s;ix Shillings, <HI>Sharp</HI> vid. &s;ix Shillings, <HI>Arther Hillman</HI> ten Shillings, <HI>Je<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ffery Ma<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">field</HI> &s;ix Shillings, <HI>William T<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ckell</HI> &s;ix Shillings, <HI>Henry Wheler</HI> one Pound &s;eventeen Shillings &s;ix Pence,
<PB N="50" REF="28"><HI>William Mayo</HI> eight Shi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ings four pence <HI>John Osborn</HI> one Pound one Shilling, <HI>John Walkby</HI> ten Shillings, <HI>Steven Coock</HI> &s;ix Shillings, <HI>John Webb</HI> eight Shillings, <HI>William Shewell</HI> &s;ixteen Shillings, <HI>Rich|ard Deane</HI> three Pounds eleven Shil|lings &s;ix Pence, <HI>John Osborn</HI> four Pounds, <HI>Richard Coocke</HI> five Pounds four Shillings two pence, <HI>Robert Coocke</HI> two <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ounds &s;ixteen Shillings, <HI>John We&s;t</HI> &s;even Pounds, <HI>Robert We&s;t</HI> eight Pounds nine Shillings, <HI>Walter Humphreys</HI> &s;ix Shillings, <HI>John Gly|ford</HI> &s;ix Shillings, <HI>Henry Clement</HI> two Pounds ten Shillings, <HI>James Collins</HI> two Shillings, <HI>Thomas Whiting</HI> three Pounds fifteen Shillings, <HI>John Shott</HI> two Pounds ten Shillings, <HI>John Poole</HI> ten Pounds, <HI>John Gardener</HI> two Pounds ten Shil|lings, <HI>William Loveday</HI> nine Pound fif|teen Shillings &s;ix pence, <HI>John Whiting</HI> four Pounds one Shilling four pence, <HI>Henry Stamage</HI> eight Shillings, <HI>Thomas Green</HI> three Pounds fifteen Shillings, <HI>Thomas Browne</HI> one Shilling, <HI>Ailce Col|lins</HI> an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> <HI>James Collins</HI> twelve Shillings; <HI>Thom<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s Smart</HI> one Shilling.</P>
<P>In the Decree its &s;et down the Tenants are to pay one Thou&s;and four hun|dred and fifty Pounds, at three pays,
<PB N="51" REF="28">the fir&s;t pay is <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ve hundred and fifty Pounds, which is hear &s;et down as in the Decree, the other two pays, which is four hundred and fifty Pounds a peice, the Tenants are taxed two &s;everal times more, and &s;et down at large as afore|&s;aid, to be payed the fifth of <HI>Decem|ber,</HI> 1614. and the fifth of <HI>December,</HI> 1615.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="52" REF="29">
<P>UNto the which <HI>Schedule,</HI> as al&s;o to the &s;aid <HI>Certificate,</HI> the &s;aid Mr <HI>Thorsby,</HI> Mr <HI>Bridgman</HI> and Mr <HI>Coventrey,</HI> have &s;ub&s;cribed their names, as by the &s;aid <HI>Schedule</HI> and <HI>Certificate</HI> remaining of re|cord with the Regi&s;ter of this Court ap|peareth, upon all which proceeding it plea&s;ed this Court on the nine and Twen|tieth day of <HI>November,</HI> to order and de|cree this Cau&s;e as followeth; Where<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y an order of the eight of <HI>June</HI> la&s;t, the matter in que&s;tion between the &s;aid par|ties, was referred to Mr <HI>Thor&s;by</HI> one of the Ma&s;ters of this Court, and to Mr <HI>Bridgman</HI> and Mr <HI>Coventrey</HI> being of Councel with the parties, to the end that they three upon the &s;ight of all the Court Rolls of the &s;aid Mannor, and all the ancient Copies of the &s;aid Tenants, which were all to be brought before them, upon the Oaths of the parties, and al&s;o upon &s;ight of the depo&s;itions of Witne&s;&s;es taken in the ca&s;e, the depo&s;itions of &s;uch Witn&s;&s;ees as are Tenants only excepted, of who&s;e Te&s;timony the Court giveth no allowance might treat, mediate and &s;et
<PB N="53" REF="29">down &s;ome good e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d between the parties if they could, if not, then to certifie the differences between them, where upon &s;uch further order &s;hould be taken in the cau&s;e as &s;hould be meet; for as much as this Court was this day informed by Mr <HI>Lawrance Hide,</HI> being of Councel with the &s;aid Tenants, that the &s;aid Mr <HI>Thor&s;|by,</HI> and the &s;aid Mr <HI>Bridgman</HI> and Mr <HI>Coventrey</HI> have according to the &s;aid or|der, con&s;idered of the Court Rolls of the &s;aid Mann or brought before them by the &s;aid Plaintiff <HI>Jernegan,</HI> and the Copies brought before them by the &s;aid Tenants, and of the depo&s;itions taken in the cau&s;e; and have al&s;o advi&s;edly peru|&s;ed the indenture made by <HI>Henry Jernegan</HI> the elder <ABBR>E&s;q</ABBR> Father of the Plaintiff, and have thereupon made a full and ab&s;olute end of the cau&s;e, and &s;et down the &s;ame very exactly under their hands, and cer|tified into this Court, which was now &s;hewed forth and offered to be read; It is the<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">efore this pre&s;ent Term of St <HI>Mi|chael,</HI> that is to &s;ay on <HI>Monday</HI> the nine and twentieth day of <HI>November,</HI> in the Year of the Reign of our Gracious So|veraign Lord <HI>James,</HI> by the Grace of God of <HI>England, Scotland, France</HI> and <HI>Ireland</HI>
<PB N="54" REF="30">King defender of the Faith, <HI>&amp;c.</HI> That is to &s;ay of <HI>England, France</HI> and <HI>Ireland</HI> the Eleventh, and of <HI>Scotland</HI> the Seven and Fortieth, by the right honorable <HI>Tho|mas</HI> Lord <HI>Elle&s;mert,</HI> Lord Chancellour of <HI>England,</HI> and by the whole Court of Chan|cery Ordered and Decreed, that the &s;aid Certificate, and all the matters therein contained are and be ratified and confirm|ed by the Decree and Authority of this Court, and the &s;everal &s;ums of Money limited and &s;et down in the <HI>Schedule,</HI> con|tained in the &s;aid Certificate, to be payed by the &s;aid Tenants at the days and times expre&s;&s;ed in the &s;aid <HI>Schedule,</HI> and all the re&s;t of the matter in the &s;aid Certifi|cate contained, are decreed to be perfor|med to all intents and purpo&s;es, ac|cording to the tenor and true meaning thereof.</P>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="license">
<PB N="55" REF="30">
<DIV2 LANG="lat" TYPE="version">
<P><HI>NOs autem tenorem irrotu lamenti de|creti predict ad requi&s;itio|nes Willi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">lmi Osburne et Edmundi Flecher et alio|rum Tenentium Manerij predicti duximus Exem|plifican per pre&s;entes in cujus rei Te&s;timonium has litteras no&s;tras fieri fecimus Patentes te&s;te me ip&s;o apud We&s;tmin. primo die Februarij Anno Regni no&s;tri Angliae, Franciae, et Hiberniae duo decimo eScocia qua|dragi&s;&s;imo Octavo.</HI></P>
<CLOSER><SIGNED><HI>Examina|<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ur per nos,</HI>
<LIST>
<ITEM>M. Carew</ITEM>
<ITEM>J. Hone.</ITEM>
</LIST> <HI>Cleric.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 LANG="eng" TYPE="version">
<P>VVEe therefore the tenor of the Inrollment of the De|cree afore &s;aid; at the re|que&s;t of the &s;aid <HI>William O&s;born,</HI> and <HI>Edmond Flech|er,</HI> and other the Tenant<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> of the Mannor afore&s;aid, have cau&s;ed to be exem|plified by the&s;e Pre&s;ents, in Witne&s;s of which we have cau&s;ed the&s;e our Let|ters, to be made Pattents witne&s;s our &s;elves at <HI>We&s;t|min&s;ter,</HI> the fir&s;t day of <HI>February,</HI> in the year of our Raign of <HI>England, France</HI> and <HI>Ireland</HI> the Twelth, and of <HI>Scotland</HI> the eight and Fortieth.</P>
<CLOSER><SIGNED>Examined by We,
<LIST>
<ITEM><HI>Mathew Care<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> and</ITEM>
<ITEM><HI>John Hone.</HI></ITEM>
</LIST> <HI>Clerks.</HI></SIGNED></CLOSER>
</DIV2>
<TRAILER>FIN</TRAILER>
<PB REF="31">
<PB REF="31">
<PB REF="32">
<PB REF="32">
<PB REF="33">
<PB REF="33">
<PB REF="34">
<PB REF="34">
<PB REF="35">
<PB REF="35" MS="y">
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
