On the same daie, that is to wit, the thursdaie in Whitsunwéeke, the foresaid Robert Foxton, and diuerse other came in, and were attached by the shiriffe to answer the abbat to his action of trespasse, which he brought against them, and putting the matter to the triall of an inquest, they were condemned in sixtie thousand pounds, to be leuied of their goods and chattels, vnto the vse of the abbat, and in the meane time they were committed to prison. But first they made suit that they might be put to their fines for their offenses committed against the kings peace, and their request in that behalfe was granted, so that vpon putting in sufficient suerties for their good abearing, their fines were assessed, as some at more and some at lesse, as the case was thought for to require.
An agréemēt.
Thus rested the matter a long season after, vntill the fift yeare of this kings reigne, in which the thursdaie next after the feast of the blessed Trinitie, the K. being himselfe in person at S. Edmundsburie aforesaid, a finall agréement and concord was concluded betwixt the said abbat and his conuent on the one partie, and Richard Draiton and others of the inhabitants of that towne on the other partie, before the right reuerend father in God Iohn bishop of Winchester and chancellour of England, and the kings iustices Iohn Stonore and Iohn Cantbridge sitting there at the same time, by the kings commandement. The effect of which agréement was as followeth.
[The articles of agréement betwéene the moonks of Burie and the inhabitants of Burie.]
First, whereas the said abbat had recouered by iudgement before the said Iohn Stonore and other his associats iustices of oier and determiner in the said towne of Burie, the summe of seuen score thousand pounds for trespasses to him and his house committed and doone by the said Richard Draiton, and other the inhabitants of Burie: now at the desire of the said king, and for other good respects him moouing, he pardoned and released vnto the said Richard Draiton, and to other the inhabitants of Burie, to their heires, executors, and assigns the summe of 122333 pounds, eight shillings eight pence, of the said totall summe of 140000 pounds.
And further the said abbat and conuent granted and agréed for them and their successors, that if the said Richard Draiton, & other the inhabitants of the said towne of Burie, or any of them, their heires, executors or assignes, should paie to the said abbat & conuent, or their successors within twentie yeares next insuing the date of that present agréement, 2000 marks, that is to saie, 100 marks yearelie at the feasts of S. Michaell & Easter, by euen portions: that then the said Richard & other the inhabitants of the towne of Burie should be acquited & discharged of 4000 marks, parcell of 17666 pounds, thirtéene shillings foure pence residue behind for euer.
Moreouer, whereas the said abbat and conuent, & the said abbat by himselfe, since the 19 yeare of the reigne of king Edward the second vnto that present time, had sealed certeine charters, déeds, & writings, as well with the proper seale of the abbat, as with the common seale of the abbat & conuent, if the said Richard and the inhabitants of the said towne of Burie did restore vnto the said abbat & conuent all the same writings, or take such order, that neither the abbat nor conuent be impleaded, or in any wise hindered, indamaged nor molested by force of the same: and further if neither the said Richard, nor any the inhabitants of the said towne, nor their heires, executors, nor assignes, shall go about to reuerse the iudgements against them, at the suit of the said abbat, nor shall séeke to impeach the executions of the same iudgements by anie false or forged aquitances or releases, nor implead nor molest any of the iurie, by whom they were conuict, that then they and their heires, executors & assignes shall be acquited & discharged of ten thousand pounds parcell of the said 17666 pounds, 13 shillings foure pence.
And furthermore, if the said Richard and other the inhabitants of the said towne of Burie, doo not hereafter maliciouslie rise against the said abbat or conuent, nor séeke to vex them by any conspiracie, confederacie, or by some other secret vniust cause, nor likewise euill intreat any man by reason of the inditement found against them, nor yet claime to haue any corporation of themselues within that towne, that then the said Richard, & the said inhabitants, their heires, successors & assignes, shall remaine acquited and discharged of all the residue of the said 17666 pounds, thirtéene shillings foure pence for euer. And the said abbat and conuent doo grant for them & their successours, that their intention is not, that if any singular person of his owne priuate malice, shall rise against the said abbat and conuent, their successors, moonks, bailiffes, or seruants, to doo them, or any of them iniurie or displeasure; that those which be not partakers of the offense, shall be in any wise punished for the same, so that the offendors be not mainteined by any of the same towne, but that the inhabitants there, doo assist the abbat and conuent their successours, bailiffes, seruants & officers, that the same offendors may be punished, according to their demerits, as reason and law shall allow.
This might come to passe before the agréement was made in the fift yeare of the kings reigne as aboue is mentioned, and so therevpon he might be restored.