THE CUSTOM Of the Manor of Paynswicke, Taken out Of the Decree in Chancery, and carefully Examined For the benfit of the Tenants or others that may be concerned. By Thomas Loveday, in the Year 1687. London, Printed in the Year, 1688. JAcobus Dei grac. Angliae, Scotiae, Franciae et Hibern. Rex fidei defensor. etc. Omnibus ad quos presents Litt. per veniunt Salut. in videmus jus prox. irrotula mentum ejusdam decreti sive. judicij coram nobis in Cancellar. nostra Inter. Johan. Hamond alias Jorden, et aliis Tenand. Manerij de Paynswicke in Com. Glouc. queren. et Henr. Jernegan Armiger. et aliis Defence. nuper fac. et redit in Rotulis cum. Cancellar. nost. predic. irrotulat ac ibidem. de Recordo residen. in haec verba. JAmes by the grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, etc. To all to whom these present Letters shall come greeting; we have sen● the enrolment of a certain Decree of Judgement before us in our Chancery, between John Hamond alias Jordan, and other Tenants of the Manor of Paynswicke, in the County of Gloucester Plaintiffs; and Henry Jernegan Esq and others, Defendants lately made and Enrolled in the Rolls of our said Court of Chancery, and there remaining upon Record in these words, &c THE CUSTOM Of the Manner of Paynswicke. WHere heretofore John Hamond, alias Jorden, John May, John Brown, Thomas Byshoppe, Edmond Fletcher, 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 Copyhold Messages, Lands and Tenements parcel of the Manor of Paynswicke, in the County of Gloucester; and time out of mind demisable, and used to be demised in grants and admitances, by Copy of Court Roll of the said Manor, to the taker or takers thereof, by the words Sibi & Suis, which words make and create within the said Manor, a customary estate of inheritance in fee simple at the will of the Lord, according to the Custom of the said Manor, there exhibited their Bill of complaint into the honourable Court of Chancery against Henry Jernegan the elder Esq Henry Jernegan the younger, Esq and Thomas Nest Defendants, and on the contrary side, the said Henry Jernegan the elder, and Henry Jernegan the younger, Complainants, did afterward exhibit their Bill of complaints into the said honourable Court of Chancery against the said John Mayo, John Browne, and the rest of the said Copy-holders' and Tenant's of the said Manor 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 seized in his Demean as of Fee or Fee-Tail of and in the said Manor of Paynswick, with the Right Members and Appurteances thereof: And the said complainants John Mayo, John Brown and Thomas By shop, and their Ancestors, and others the then Customary Tenants and Copy-holders' of the said Manor 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 Manor, divers several Copyhold and Customary Messages, Lands, Tenements and Hereditaments, parcel of the said Manor, time out of mind there used and accustomed to be granted and demised by Copy of Court Roll of the said Manor 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 Manor, and within the said Manor then and time out of mind there were and had been, and aught to be used and accustomed divers Ancient laudable Customs touching the Copyhold and Customary Messages, Lands and Tenements there, and namely and particularly amongst others; that the Heir of every Copyholder and Customary Tenant dying seized of such customary Estate, of and in any Copyhold or Customary Massuages, Lands or Tenaments of the said Manor, was to be, and aught, and was used to be presented and admitted Tenant of the same customary Messages, Lands and Tenaments at the Court of the said Manor, upon reasonable tender and request in that behalf, for the fine of one years Rend only; and that the customary Tenants of the said Manor by the custom there, aught to have all the Herbage and Panage of the common woods, and common Hills, and the Lords Wastes of the said Manor, 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, than Lord of the said Manor, and the than Copy-holders', or Customary Tenants of the said Manor; 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 Manor, whereof there was or might be likelihood of question or controversy, 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 Manor were then remembered 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 than Copy-holders' and Customary Tenants of the said Manor, 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 Reign of Elizabeth, by the Grace of God of England, France and Ireland Queen Defender of the Faith, etc. Between Henry Jernegan of Cossey in the County of Norfolk Esq and Lord of the Manor of Paynswick in the County of Gloucester of the one Party; and all the Customary Tenants of the Lordship and Manor of Paynswick aforesaid, of the other Party, Witnesseth, that whereas of late years, some Questions and variance hath been moved between the said Henry Jernegan, and his Customary Tenants of the said Lordship and Manor of Paynswick, about divers and sundry Articles of the Custom of the said Manor; 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 Behaviour, 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 showed, 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 Ratify, 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 Manor of Paynswick aforesaid. I. Imprimis, The Custom is, and time out of mind hath been, that the Tenants of the said Manor 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 Manor there. II. Item, The Customary Tenants there, from time out of mind have used, and aught 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 Archangel, and the Birth of our Lord, and shall have a Reeve to gather the same, after the Custom of the said Manor, 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, aught to be Reeve, and to collect and gather the Customary Rents, Revenes and Profits of the said Manor, and shall pay the same to the Lord or his Officers, within Eight and Twenty days, next after every of the said Feasts of the Anuntiation of our Lady, the Nativity of Saint John Baptist, Saint Michael the Archangel, and the Birth of our Lord, where the Lord or his Officers shall appoint, by his or their Precept; and also against every audit of the Lord to be kept for the said Manor shall gather and levy 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 Manor; for if such Reeve so elected, shall happen to Imbessel, or Waste the Lords Rend, Revenues and Profits of the said Manor; 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, aught to have allowance of Six and Twenty Shillings Eight Pence for his painstaking in gathering of the said Rents, which allowance hath been used time out of mind. V Item, There are certain other Lands, called the Thirteen, the Tenants whereof, by the Custom, are bound to carry Venison for the Lord into such place or places as the Lord shall appoint them, by the space of one day and a night a piece, at their own charges, or else to stand to a yearly Fine of eight Pence, to the use of the Lord of the Manor 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 Manor, and the same surrender must be presented at the next Court, or else the Surrender to be void, and upon every Surrender so made, and presented in Court; the Lord is to have an Heriot, if the Land be Heriotable, that is to say, for every yard and half yard of Land, which the Tenants hold, to give or pay the best quick Cattle, and in default of such Cattle, the best Household stuff or Goods of what kind soever. VII. Item, That upon every decent of any Customary Lands of Inheritance the Lord is to have one years Rend for his Fine, and a Heriot in manor aforesaid, if the Land be heriotable. VIII. Item, That upon every Surrender, either in Possession or Reversion, the Lord is to have seven years Rend of the thing so surrendered, for his Fine; but if any Tenant having first surrendered 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 Lord's Court, by the payment of one Penny, to have to her during her Life, paying such Rents, Customs and services thereof, due and accustomed. XI. Item, After the death of any such Woman, the same Tenement or Tenements, which were in her tenure; shall come and descend to the next Heir on the part of the Husband of the same Woman, and for lack of an Heir, to the next Kinsman of the same Husband, if no Surrender be thereof made before, after the said Custom, without payment of any Heriot for the Woman, which held by her free Bench, as afore is said. XII. Item, If any Woman Inheritrix die seized of any Tenement or Tenements, and no surrender by her in her Life time made; that then all such Lands or Tenements, whereof she died seized shall come and descend to the next Heir, after the custom and manor, 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 licence of the Lord or his Officers, and that every Tenant may Let and Set his Customary Lands, or any part thereof, without licence of the Lord or of his Officers; and also to make any Quarry, to Build or repair upon the same, and not otherwise; upon any part of his Customary Lands. XIV. Item, The Tenant's time out of mind have used at their will and pleasure, to Build Cottages upon their Copyhold Tenaments, and to Let and Set the same without any licence, ask 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 Lord's 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 satisfy and pay the same. XV. Item, If a Woman holding by her free Bench, do Marry sundry Husbands, at sundry times, yet shall she enjoy the same during her Life, without forfeiture thereof. XVI. Item, By the Custom, every yard or half-yard of Land, holden by Copy, after the custom and manner is heriotable, and the Heriot to be paid a● the death of the Tenant, that dieth seized thereof, or upon the surrender of hi● Possession when the Reversion was surrendered 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; than 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 Thirteen, 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 divided 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, than 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 inquire who is the right Heir of the Tenant so deceased, or who can make any claim or title to the same Tenure or Tenors; and if at the first Court there come none to Challenge the said Tenure or Tenors, than 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 King's Wars. XXII. Item, That whosoever is to be admitted Tenant to any Tenure within the said Lordship, ought openly to be admitted in the Court before the Homage, and to have his Copy read openly in the Court, that all Men there may hear and know that he is admitted Tenant accordingly; and if any Person having Right to any Tenure by Inheritance, is to be admitted Tenant, than 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 mind, XXIV. Item, That the Tenants by their Custom, aught to have the Herbage and Paunage of the common Woods and Hills, 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 Manor 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 Manor, 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 Manor. XXVI. Item, The Custom is, and time out of mind used hath been, that the Sheriff or any his Bailiffs 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 pained at two Courts, to Build the same by a certain pain, and the third Court on pain of Forfeiture, and doth not Build the same according to the order in the Court, taken by the Homage and the Steward, it is a Forfeit. XXIX. Item, If any be an Inheritor to any Lands or Tenements, doth sell the same to any Person or Persons before he, or she shall become Tenant to the Lord in his Court, and do other Suits and Services, according to the custom there, it is a Forfeiture. XXX. Item, If any Tenant do detain or withhold 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 jointly within this Manor, it is a Forfeiture by the Custom. XXXIII. Item, If any Reeve chosen by the Homage, shall refuse to gather the Lords Rents and Profeits, or shall refuse to beat the Office according to the Custom, and to pay the Rents and Profits by him levied by virtue 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 Manor of Paynswicke, quietly enjoyed their Customary Messages and Tenements, and were admitted Tenants from time to time, and did yield 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 Manor divers other ancient Customs and Usages, not mentioned nor set down in the said judenture, and namely by the Custom of the said Manor, 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 Manor, and there paying licence to make such exchange, and each of the said Tenants so exchanging, paying therefore two pence a piece for every. Acre so exchanged, and the same Exchanges being from time to time Entered and Recorded in the Court Rolls of the said Manor, have been ever held and allowed as lawful; And also the Custom of the said Manor there used was and had been, that if any customary Tenant died seized of any Customary Estate of Inheritance, of or in any customary Lands or Tenements of the said Manor, 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, aught 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, yielding 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 Manor. 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 died seized of a Copyhold and Customary Estate of Inheritance, in Fee-simple of certain copy hold Lands and Tenements, parcel of the said Manor, which by the Custom of the said Manor, descended unto Humphrey Barns, Son and Heir of the said Henry, which Humphrey died seized of the said Estate, and by the said Custom, the same descended to Henry Barns, Son and Heir of the said Humphrey Barns, which said Henry Barns, Son of the said Humphrey, died seized of the said Estate, and by the Custom of the said Manor, 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 aught by the Custom of the said Manor, 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 alleged until then of late; but so it was as they also alleged by their said Bill, that some estate or conveyance being lately had and made of the said Manor, by the said Defendant Henry Jernegan the elder, to the use of the other Defendant, Henry Jernegan the younger, he the said Henry Jernegan the younger, pretended and went about to call in question, and to avoid divers of the said Complainants Estates, upon pretence and surmise of some defects or want of Warrants, or mistaking in the st●●ing or keeping of the Courts of the said Manor, 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 descent of an Customary Land of Inheritance, the Lord by the Custom of the said Manor, is to have one years Rend 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, Hills and Wastes of the said Manor, which the ancient Court Rolls of the said Manor did prove, remaining in the Defendants Custody, and that the said Henry Jernegan the younger had of late oppressed the commonable Grounds, with great numbers of Sheep, & had caused the Steward of the said Manor not to make entry of any exchange between the Customary Tenants of the said Manor, 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 threatened 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 Established, and for that the said Defendants, 〈◊〉 their Stewards, had in their custodies 〈◊〉 the Writings which did show the said Customs, without which the said Plaintiffs were not able to defend themselves at the common Law, but were like without the aid of this Court, to be without remedy 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 Nest to answer the Premises, and to show 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 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 alleged 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 allowed of the said Customs, and was ●till ready and willing to approve and aldrow thereof, according to the true intent of the said Indenture of Articles, and confessed that he had made a conveyance of the said Manor 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 Nest by their said answer said, That during the Minority of any Infant, to whom any Copyhold Lands of the said Manor 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 virtue thereof having Right to the Customary Lands of the said William Barns, did grant the same Lands unto the other Defendant Thomas Nest, and the said Defendants Henry Jornegan the younger, and Thomas Nest 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 replied, and the said Parties being at Issue, a Commission Issued out of this Court for Examination of Witnesses on both Parts, which being returned, and according to the ordinary rules of this Court, published a day for hearing of the said cause, was by this Court appointed in the last Trinity Term, as well upon the said Bill exhibited by the said Mr Henry Jernegan the younger, against the said Tenants Defendants, as on the said Bill exhibited by the said Tenants Complainants, against them the said Henry Jernegan the elder, Henry Jernegan the younger, and Thomas Nest Defendants, at which day, being the Eight day of June last, For as much as upon the entering into the hearing of the matter that day, in the presence of the Council, learned on both Parts, for the touching the Customs of the said Manor, this Court thought it fit, for avoiding further Controversy 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 Manor, might have that which appertained unto him in reasonable proportion, and that he might use his Tenants lovingly and kindly, upon their submissive carriage towards him, whereunto the Council on both Parts assented; it 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 Manor, and all the ancient Copies of the said Tenant, which were all to be brought before them upon the Oaths 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 certify this Court the difference between them, whereupon such further order should be taken in the cause, as should be meet, according to which order the said Mr Thorsby, Mr Bridgman and Mr Coventre made their Certificate to this Court, in manner and form following, that is to say, The Twenty seventh day of November, One Thousand Six Hundred and Thirteen; between Henry Jernegan the younger Esq Complainant, and the Customary Tenants of the Manor 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 Manor brought before Us by the said Jernegan, and the Copies brought before Us 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, aught to be presented at the next Court, or else the same to be void, we find that such Surrender may be presented at or before the next general Court of the said Manor, commonly called the Law-day, and holden within the Month after either of the Feasts of Easter or St Michael the archangel, 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 Manor, Proclamation shall be made at the next Court, and at two other next Courts, and if none come to challenge the same Lands, than 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 forfeiture; we are of opinion, upon view of the said Rolls and depositions, that the Courts mentioned in the said two last mentioned Articles, are to be taken for the two general Courts usually holden within the said Manor, within one Month after the Feast of Easter, and St Michael the Archangel, commonly called Law-days, and that no Tenant of the said Manor, 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 decays 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 said Husband; we do find that the Custom of the Manor 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 ways for Life, may fallen any Woods, Timber or Trees, except for their necessary Boots, to be spent and employed 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 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 Archangel, 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 Manor, aught 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 die either in the life time or after the death of such Copyholder, that the Heir or Heirs of her or them so dying, aught 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 chief 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 Marry and Queen Elizabeth, and some of ancienter times, that the Tenants upon Surrenders used to pay four Years Rend for their Fines, and upon decent one Years Rend 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 Rend, 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 Manor, shall be continued and paid in certainty, according to the said Indenture, and that no further question be hereafter moved by the Lords of the said Manor, 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 Trial by verdict at the common Law, which passed against the Lord, we hold it meet that the Lord for the time being, be henceforth for ever excluded, to have any further benefit or power, by colour or pretence of such ward, but only the committing of such Heir to some of his near Kindred, by the advice of the Homage, for which commitment the Lord for the time being shall have for a Fine three Years Rend and no more, saving one Years Rend 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, than 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 Manor, 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 Manor, certain Lands called Chantry-Lands, which being but of small quantity, and lying intermixed amongst the Copy-holds of the said Manor, 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 Manor, but we find that by long continued usage, the Tenants have enjoyed several parcels thereof, as part of their Tenements which they hold by Copy; we are of opinion that it is meet, that the same Demeasue-Lands and Chantry-Lands, shall be accounted and enjoyed as Copyhold, 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 interruption of the said Henry Jernegan, or of any other that shall be Lord of the said Manor, saving that the Lord may put in his there as a Commoner at all times, when the same Ground shall lie fallen, or otherwise open to the Waste next adjoining thereunto. And whereas their is another question between the said Lord and Tenants, touching the Fines to be paid 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 Manor for his Fine, the sum of four Pence, which rate we ●old meet should be ratified, allowed, and confirmed for ever: These things being so digested, we moved the Tenants that they would be content to raise among them, some reasonable sum of Money, to be bestowed on their Landlord, 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 Jointure in the said Manor, and to his Son and Heir John Jernegan, in whom we find the Inheritance of the said Manor expectant upon his Father's Death, is by good conveyance settled; and the said Tenants have likewise 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 Manor; 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 Manor for the time being, may for the better breeding and increase of Wood, enclose one full third part of all the Woods, and Wood grounds of the said Manor, which do now lie open and in common, saving the Waste ground called, Sponbed-hill alias Kimsbury-hill, whereof he may also enclose Five and Twenty Acres, in such places and manner, as the same parts so to be enclosed, have been lately set out by the Lord and Tenants; and that the said Lord may keep the same parts so enclosed, from time to time according to the Statutes in that behalf; and also that the Lord of the said Manor for the time being, shall have common with the said Tenants, in the Waste and commonable Grounds aforesaid, after the Rate and Proportion of two yard Lands and no more, for the Land the said Lord ●ow hath, and for such Lands as the Lord of the said Manor shall hereafter happen to have common, after such Rate and Proportion, as the Tenants of the said Manor 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 honourable 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 honourable 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 Manor; and for that we conceive, the said Tenants have given for buying their Peace, a very ample and liberal satisfaction to their Landlord, not inferior in our opinions, to the true worth of any benefit they shall, or may receive by this Order; and to the end the said Mr Jernegan may be secured of the Money, agreed to be paid 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 satisfy 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 Sequestered, into the hands of any meet Persons, to be nominated by the said Mr Jernegan, as well for contribution to be made to such of the Tenants, as have already given security for the said payment, and undergone the charges of this business, as for the satisfation of the said Mr Jernegan for the residue, with damages for the forbearance thereof, after the rate of fifteen in the Hundred; and all the charges in the procuring, or executing the said sequestration; which Schedule annexed unto the said Certificate, followeth in manner and form following, that is to say, A Schedule containing the Names of the Copy-holders' of the Manor of Paynswicke in the County of Gloucester, and what Sums every of them is to pay for their several Tenements, and at what days, according to the report of Henry Thorsby Esq one of the Masters of the high Court of Chancery, John Bridgman and Thomas Coventry Esqs made in the said Court of Chancery, the seven and Twentieth day of November, Anno Regni Regis Jacobi Vndecimo. SUms to be paid the fifth of December One thousand six hundred and thirteen, John Bishop, eleven Pound three Shillings four Pence, Richard Knowles, five Pound, John Tickle eight Pound five Shillings, John King eight Pound, Thomas Castle twelve Pound eight Shillings six Pe●ce, Elizabeth King five Pound five Shillings, Robert King four Pounds, John Poole eleven Pounds ten Pence, Thomas Gardiner signior, Thomas Gardiner junior, thirteen Pound, John Guide seven Pounds ten Shillings, John Winchcome five Pounds fourteen Shillings, William Twening seven Pounds sixteen Shillings, Anthony Gardiner five Pounds, John Mower fourteen Pounds ten Shillings, John Gardiner of Hascome, five Pounds, John Tunly five Pounds, Thomas Wine eight Pounds, Elizabeth Hawkins five Pounds, John Beard four Pounds ten Shillings, Thomas Vaughan three Pounds nineteen Shillings six Pence, William Widow one Pound twelve Shillings, Thomas Short two Pounds two Shillings, John Russel three Pounds five Shillings, Robert Harris one Pound six Shillings, William King twelve Shillings, John Hunt four Shillings six Pence, William Bangerfeild three Shillings, John Seaman Doctor of Law, one Pound ten Shillings, Thomas Hilman four Pounds two Shillings, Thomas Pitt seven Pounds, Henry Mayo five Pounds, Richard Gardiner nine 〈◊〉 six Pence, Thomas West twelve Shillings, Peter Bird three Pound five Shillings, Thomas Andrews sixteen Shillings, Thomas Flamberd six Shillings, Alice Syford six Shillings, Humphrey Whiteaker eight Shillings, Adam ●ingell six Shillings, Henry Lord eleven Shillings, William Mill two Pounds, Walter Coocke six Shillings, William Harding six Shillings, Francis Harding eleven Shillings, William Heath six Shillings, Harding Widow nine Shillings, Joan Pilson six Shillings, Thomas Coles one Shilling, Patrick Tickle six Shillings, William Twening three Pounds, John Clarke six Shillings, William Hawkins ten Shillings, Thomas Motly ten Shillings, William Little six Shillings Thomas Jenkins two Pounds five Shillings, John Fream six Shillings, William Rice eleven Shillings, Robert Clutterbuck one Pound seven Shilling, John Holder four Pounds six Shillings six Pence, Gyles Wheler three Pounds six Shilling eight Pence, Gyles Arthur ten Shillings, Gybbens ten Shillings, Reylocke Widow ten Shillings, Edward Gardner one Pound, Michael Harding six Shillings, John Stama●e eight Shils. Thomas Williams six Shillings, William Hasilton eight Shillings, Cook Widow, James Cook eight Shillings, John Cook six Shillings, Eliener Warren three Shillings six Pence, Elizabeth Cooper eighteen Shillings, George Sturmy six Shillings, John Corbet six Shillings, Henry Ridler sixteen Shillings, William Wren ten Shillings, Ann Jacks six Shillings, Julian J●ces six Shillings, Elinor Jaques six Shillings, Thomas 〈◊〉 ten Shillings, William Hewling six Shillings, John Streate six Shillings, Toby Mill four Shillings four Pence, Richard Pitt six Shillings, John Gardiner two Pounds ten Shillings, John Badger two Pounds, Ann Whitehorn eight Shillings, Thomas adam's and William Linnet two pounds, Edmond Gynner six Shillings, Richard Bancknot twelve Shillings, Samuel Davis six Shillings, Nicholas Ashman six Shillings, William Mason six Shillings, Robert Twening one Pound nine Shillings, Richard King six Pounds two Shillings eight Pence, Thomas Cows six Shillings, James Mill sixteen Shillings, Richard Sellors twelve Shillings, William Niblet six Shillings, Ann Cooper one Pound eleven Shillings, Thomas Creese six Shillings, Richard Smyth six Shillings, John Hayes twelve Shillings, Amie Hoocke and Thomas Knowles ten Shillings, Robert Long six Shillings, Thomas Gybbins six Shillings, Court Hooper one Pound eight Shillings six Pence, William Loe six Shillings, Joan Wren eight Shillings, Margaret King eight Shillings, John Twening ten Pounds, John Twening of Wergine, three puonds sixteen Shiiling, Henry Aldredg Fifty Shillings, William Blyss five pounds ten Shillings, William Barns ten Pounds ten Shillings, William Clyssold ten Pounds, Widow Clysso●d ten Pounds, Thomas Merret five Pounds, Thomas Blyse five Pounds, Thomas Loveday six Pounds nine Shillings, Edmond Fletcher twenty nine Pounds six Shillings eight Pence, John Mayo sixteen Pounds, John Jordane seventeen Pounds, Widow Ockey three Pounds sixteen Shillings, Richard Fletcher four Shillings, Thomas Fletcher four Shillings, John Brown eleven Pounds, Richard Gardiner and his Wife, and Thomas Merret six Pounds, John Loveday two Pounds fifteen Shillings, Edward Hitchins twelve Pounds ten Shillings, Thomas Tayler eleven Pounds ten Shillings, John Gardiner three Pounds six Shillings, George Phelps five Pounds, Ann Blyss, Viz. eight Pounds five Shillings, John Phillipts five Pound five Shillings, John West five, Corbers viz. four Shillings, John Daber four Shilling, Christopher Freame six Shillings, Robert Es●ington four Shillings, William Povie four Shillings four Pence. Thomas Twening four Shillings four Pen●e, John Wats one Shilling, Thomas Cliffold one Shilling, Richard W●●ob one Shilling, Henry Fletcher one Shilling, Gyles ●ardner one Shilling, John Baugh twelve Pounds, John Watkins ●●x Pounds, Thomas Byshopp ten Pounds, Richard Gardner and William Mail twenty seven Pounds thirteen Shillings; Thomas Hurrupp thirteen Pounds eleven Shillings, William Osborne ninteen Pounds thirteen Shillings four Pence, Walter Tocknel three Pounds ten Shillings, Richard Wilshe●e fifty Shillings, Richard Gardner seven Pounds five Shillings, William Bennet five Pounds, John Guide junior thirteen Shillings two Pence, William Mail one Pound fifteen Shillings, John Tomes one Pound seven Shillings, Elinor Pyper two Pounds ten Shillings, William Tomkins one Pound five Shillings, William Andrews one Pound five Shillings, Richard Coocke twelve Shillings, Thomas Knowles twelve Shillings, William Watkins eighteen Shillings, Hawkins vid. six Shillings, Michael Harding six Shillings, John Mill three Shillings, Richard Mill six Shillings, Sharp vid. six Shillings, Arthur Hillman ten Shillings, Je●ffery Ma●field six Shillings, William Tickle six Shillings, Henry Wheler one Pound seventeen Shillings six Pence, William Mayo eight Shillings four pence John Osborn one Pound one Shilling, John Walkby ten Shillings, Steven Coock six Shillings, John Webb eight Shillings, William Shewell sixteen Shillings, Richard Deane three Pounds eleven Shillings six Pence, John Osborn four Pounds, Richard Coocke five Pounds four Shillings two pence, Robert Coocke two ●ounds sixteen Shillings, John West seven Pounds, Robert West eight Pounds nine Shillings, Walter Humphreys six Shillings, John Glyford six Shillings, Henry Clement two Pounds ten Shillings, James Collins two Shillings, Thomas Whiteing three Pounds fifteen Shillings, John Shott two Pounds ten Shillings, John Poole ten Pounds, John Gardener two Pounds ten Shillings, William Loveday nine Pound fifteen Shillings six pence, John Whiteing four Pounds one Shilling four pence, Henry Stamage eight Shillings, Thomas Green three Pounds fifteen Shillings, Thomas Browne one Shilling, Ailce Collins an● James Collins twelve Shillings; Thom●s Smart one Shilling. In the Decree it's set down the Tenants are to pay one Thousand four hundred and fifty Pounds, at three pays, the first pay is ●ve hundred and fifty Pounds, which is hear set down as in the Decree, the other two pays, which is four hundred and fifty Pounds a piece, the Tenants are taxed two several times more, and set down at large as aforesaid, to be paid the fifth of December, 1614 and the fifth of December, 1615. UNto the which Schedule, as also to the said Certificate, the said Mr Thorsby, Mr Bridgman and Mr Coventrey, have subscribed their names, as by the said Schedule and Certificate remaining of record with the Register of this Court appeareth, upon all which proceeding it pleased this Court on the nine and Twentieth day of November, to order and decree this Cause as followeth; Whereby an order of the eight of June last, the matter in question between the said parties, was referred to Mr Thorsby one of the Masters of this Court, and to Mr Bridgman and Mr Coventrey being of Council with the parties, to the end that they three upon the sight of all the Court Rolls of the said Manor, and all the ancient Copies of the said Tenants, which were all to be brought before them, upon the Oaths of the parties, and also upon sight of the depositions of Witnesses taken in the case, the depositions of such Witnssees as are Tenants only excepted, of whose Testimony the Court giveth no allowance might treat, mediate and set down some good e●d between the parties if they could, if not, then to certify the differences between them, where upon such further order should be taken in the cause as should be meet; for as much as this Court was this day informed by Mr Lawrance Hid, being of Council with the said Tenants, that the said Mr Thorsby, and the said Mr Bridgman and Mr Coventrey have according to the said order, considered of the Court Rolls of the said Mann or brought before them by the said Plaintiff Jernegan, and the Copies brought before them by the said Tenants, and of the depositions taken in the cause; and have also advisedly perused the indenture made by Henry Jernegan the elder Esq Father of the Plaintiff, and have thereupon made a full and absolute end of the cause, and set down the same very exactly under their hands, and certified into this Court, which was now showed forth and offered to be read; It is therefore this present Term of St Michael, that is to say on Monday the nine and twentieth day of November, in the Year of the Reign of our Gracious Sovereign Lord James, by the Grace of God of England, Scotland, France and Ireland King defender of the Faith, etc. That is to say of England, France and Ireland the Eleventh, and of Scotland the Seven and Fortieth, by the right honourable Thomas Lord Ellesmert, Lord Chancellor of England, and by the whole Court of Chancery Ordered and Decreed, that the said Certificate, and all the matters therein contained are and be ratified and confirmed by the Decree and Authority of this Court, and the several sums of Money limited and set down in the Schedule, contained in the said Certificate, to be paid by the said Tenants at the days and times expressed in the said Schedule, and all the rest of the matter in the said Certificate contained, are decreed to be performed to all intents and purposes, according to the tenor and true meaning thereof. NOs autem tenorem irrotu lamenti decreti predict ad requisitiones Willi●lmi Osburne et Edmundi Flecher et aliorum Tenentium Manerij predicti duximus Exemplifican per presentes in cujus rei Testimonium has litteras nostras fieri fecimus Patentes teste me ipso apud Westmin. primo die Februarij Anno Regni nostri Angliae, Franciae, et Hiberniae duo decimo eScocia quadragissimo Octavo. Examina●ur per nos, M. Carew J. Hone. Cleric. We therefore the tenor of the enrolment of the Decree afore said; at the request of the said William Osborn, and Edmond Fletcher, and other the Tenants of the Manor aforesaid, have caused to be exemplified by these Presents, in Witness of which we have caused these our Letters, to be made Patents witness ourselves at Westminster, the first day of February, in the year of our Reign of England, France and Ireland the twelfth, and of Scotland the eight and Fortieth. Examined by We, Matthew Care● and John Hone. Clerks. FIN