bailiff and burgess of Ilchester and other Exceptants and Henry Bendishe  respondent November that this case first come on on the that of July upon  exception to a decree of commissioner of charitable use when a question have  arise whether the commission have be proper award it be adjourn till the next  term and precedent be order to be produce relate to the form of the commission  and the direction from whence the jury shall come in the Lord chancellor  notebook under date of the that of November be the follow memorandum this  cause come on again the respondent produce eight or nine precedent of  commission of charitable use to inquire for particular town or borough within  county from the reign of king Charles first to king James second inclusive  whereby the commissioner be direct to inquire by the oath of twelve good and  lawful man of the say town or borough in the county aforesaid and no precedent  be produce for the exceptants but the exceptants counsel admit that those be  all the precedent on record of such commission to inquire of charitable use  within particular town or borough and not for county at large whereupon I be  of opinion that the commission be well award and right in substance for that  the statute do not oblige the chancellor to issue such commission only for  entire county the word be in any part or part of the kingdom and though the  word relate to the jury be of the county that do not necessary import of the  body of the county but may be construe accord to the rule of the commonlaw as  it then stand de vicineto and if the word have be more strict yet the  precedent produce will have make the law be all the precedent in this case and  none to the contrary and for this I liken it to the case of the style of the  great session in Wales Inst and of the bailiff and burgess of Bewdley mich Ann  b r on the award of a venire facias and I overrule the exception on hear the  merit of the exception I overrule some of they but allow most of they and vary  the decree of the commissioner