(Cart. Antiq. Harl. Mus. Brit. 57. A. 35.)
To all maner men that this present wrytyng comyth to, John Treffry efte Tremur, Thomas Brown, John Coche, and John Wythiell gretyng, Where diverse discencion, discordis and debatis weryn bytwene Alan priour of the priory of Bodmyn and his convent ther in the one party, and Richard Flamank esquier, in that other party, of and yn certeyn landys and tenementis with the appertenaunce in Litell Boscarn and Dynmur, of which landis and tenementis in Litell Boscarn there assise of novel disseisin hangith, and a writte of oyer and terminer of trespas supposed there afore John Hale and Richard Neweton, Justis of assise in the counte of Comwaill, assigned at the suyte of the said Richard agenst the saide priour and other. To whiche the saide Richard and the saide priour have putte ham yn arbitrement, ordinaunce, and juggement of ous forsaide Thomas and John Wythiell arbitrours in the party of the saide Richard chosen, and of ous forsaide John Tremur and John Coche arbitrours in the party of the saide priour chosen, to whiche arbitriment, ordinance, and juggement to stande and perfourme for the party of the saide Richard, Jamys Flamank ys bonden by his obligacion berynge date the Tywysday nexte after the Conversion of Seynt Paule the
yeer of reigne of Kyng Harry the Sexte twolthe, to the saide priour in cc. pound. And the forsaide priour ys bounden by his obligacion beryng date the same day and yeere to the saide Jamys yn cc. pound to stande and perfourme in his party the saide arbitriment, ordinaunce, and juggement as yn the same obligacions more pleynly ys conteyned. Be hit to knowe to alle manner men by this present our endentours, that we arbitrours forsaide arbitre, ordeyne, and ajugge in the fourme as ensueth, that ys to wete, that the bounde that comyth thurgh the doune lyinge bytween the lande of the saide priour and the saide Richard, comynge to a stone standynge with oute a diche by Dynmur wode yclepyd Kenediche in the north side of the said diche ther of old tyme beynge abounde, ys and schall be a bounde bytwene the saide priour and his successors and the saide Richard and his heyres; and so goyng don to another stone standyng of olde tyme in a banke of a grype; and fro that stone into another stone beyng of olde tyme a bounde; and fro that stone to another stone by an oke, by ous new pighte, and so the saide diche and the grype beyng several to the saide Richard and to his heires, and so fro the ende of that grype righte to the north west corner of Dynmur brigge by a bounde that we have set, is and schall be the bounde bytwene the saide priour and his successours, and the saide Richard and his heyres. And the saide Rychard and his heyres schal have al the landys withynne the same diche and boundys; and the saide Priour and his successours schal have al the land, wode, and the mill called Dynmur mille, beynge with oute the saide diche, gripe, and boundis, and also the saide Richard and his heyres schall have alle the land bynethe the said brigge; and that the saide priour and his successours schall have fre outefluvie and curse of water fro the saide mille into the water of Alan, in the manner as it rennith nowe; and also the saide priour and his successours schall have fre goynge and comynge for him and for his servaunts to purge and clense alle the saide curse of water, and to caste the stonys and gravell, fenne and slyme, of the same lete, in bothe sidys uppon the lande of the same Richard, there to abide and not to cast ne hele the motys ne the kutte of the treys ther growynge, and yf eny treys wyxen uppon the sides of the same water, in letting other noysaunce of the curse or purgynge of the
same water, thenne that the saide priour may do warne the saide Richard and his heyres to kutte and remove al suche treys, And but yf he so do with ynne sevene dayes after suche warnynge, that then it schal be lufful and lawfull to the saide priour and his successours and his servauntes to kutte and remove alle suche treys and leve on the grounde of the saide Richard. And also the saide priour, and his convent schal grante under har comune seal to the saide Jamys for his costages and for to be good frende to the saide priour and his successours havynge an annuyte of syxantwenty schelyng an eghte pans to be take yeerly, terme of his lyf, by the handys of the styward of the saide priour of the saide hous, who that ever be priour, at the festis of Nativite of Seynt John Baptiste and Cristismasse by evene portions, And if it be by hynde by a moneth after every terme forsaide, if it be asket by the saide Jamys other his servauntes that thenne it be lawfull to the forsaide Jamys in al the lands of Wythiellgoos to distreyne; and that distrece so take to imparke and inpounde it unto the tyme of the forsaide syxantwenty schelynge and eghte pans satisfaccion be ymade togeder with the arrerag, And also the forsaide priour and his successours schal holde perpetually onys a yeer, that ys to wetynge at Seynt Vincent ys day the obyt of Richard Flamank, Margaret his wyf, Jamys Flamank, and Elizabeth his wyff, and Anne the daughter of the saide Richard, and for all har good doerys, And also the forsaide Richard and Jamys Flamank and her heires schal leve al maner of suytes the whiche they have other maye have agenst the saide priour and convent and alle other men as twochinge the materys and causes forsaide, And also the saide priour and his successours schal leve al maner of suytes the whiche they haue other mowe haue against the forsaide Richard and Jamys Flamank, and all other men as twochynge the materys and causes forsaide. To whiche arbitriment, ordinaunce, and juggement, we foure arbitratours forsaide, to this our present endentours our seales haue y put her to wytnys. Thomas Moyle maior of the burgh of Bodmyn, John Corke, Thomas Bere of Bryn, John Nicoll, Walter Pole, John Peyntor, Thomas Daunant, and other. I wryte at Bodmyn awendysday nexte after the Conversion of Seynt Paule the year of reigne of our soveraygne lord Kynge Harry the Sexte twolthe.
Award in a Dispute between Thomas Bishop of Megarence and Prior of the House and Churche of our Lady and St. Petrok of Bodmyn, and John Flamank, respecting Rothyn More.
(Cart. Antiq. Har. 44. H. 20.)
To all true Cristen people to whom this present wrytyng indented shal come to see or rede, we William Carnsuyowe esquire, Nicholas Opy, and Cristofer Tredenek sende gretyng in our Lord God everlastyng; and wheere afore this tyme that stryff, debate, and variance hath byn hadde, movid, and yet hangith betwene the reverent fader in God Thomas bisshop of Megarence and prior of the house and church of our Lady and Seynt Petrok of Bodmyn in the right of the said house, of the oon parte, and John Flamank of Bocarun esquire, of the other parte, of and uppon the right, titill, and possession of certain landes called Savelyn More, otherwyse called Rothyn more, sett and liyng in the same more betwene the landes, tenementes and closes of the saide Fader in God of the west parte called Savelyn closes, and the landes, tenements, and closes of the said John Flamank called Rothyn, of the est parte, And for asmoche as the said more so in variance hath be so intrykyd with tynners ther wyrkyng nowe as in tymes passed, so that the bounds and waters rynnyng in the same that sumtyme weere bounds between the said parties, cannot be to us parfectly knowen, wheere vppon the saide parties stande bounde either to other in xlti li by ther severall oblicacions whois date is the last day of August in the xth yere of the raigne of Kyng Harry the viijth, to abyde the awarde and jugement of us the saide arbitrours of an uppon the premyses. Wheere uppon we the said arbitrours, the fyrst day of September the xth yere of the raigne of Kyng Harry the viijth, at the said more in variance called Rothyn more, called afore us the saide reverent fader in God and the saide John Flamank, and theere and then hyryng ther complynts, aunswers, reioynders, replicacions, and wyttenes in every part examyned by goode deliberacion and avisement, and also by the full aggrement and consent of both parties, fyrst we awarde, judge, and deme that all the tolle tyn that shall be wrought theere after the fest of Seynt Michell the arcangell nexte cornyng after this present date, in the said more, shall be equally divided and departed betweene
the saide reverent fader and his successours, priores of the saide house, of the one halfe for ever, and the other halfe to the saide John Flamank and his heyres for ever, wiche shal be wrought withyn the bounds and merkes hereafter folowyng; that is to say, fro Rothyn brygge upward in all the saide More elonges by the water that comyth from Tregewan to the closes of the saide fader in God in the west side of the saide More to the closes and heyges of the saide John Flamank in the est side of the saide more called Rothyn, and so fro the saide brygge uppe alonge in the saide More to a certain bounde and merke theere now redy made by a thorne, viz., a stone of Bodyell gray with a hole in the hede pyzt ther by the said thorne, for a bounde, and no furder; and if hit fortune hereafter any tyn in ther severall grounde to ther owne use and no more in the same to departe. And also we saide arbitrours adjuge and awarde that all the pasture wode, fwell, and other casualties being or growyng within the precyncte of the boundes afore by us rehersyd, to be ocupied and devyded equally betwene the saide fader in God and his successours, and the saide John Flamank and his heyres for ever, and that the saide fader in God and his successours shal not cutt nor selle no wode nor fwell theere growyng, without the aggrement and consent of the saide John Flamank and his heyres, nayther the saide John Flamank and his heyres shal not cut nor selle no wode nor fwell there growyng within the precyncte of the saide bounde without the aggrement and consent of the saide fader in God and his successours priours of the same house. In wetenes wheereof to this our arbitrement we the foresaide William Carnsuyowe esquire, Nicholas Opy, and Cristofer Treederick, have sette our seales and subscribed with our handes. Ygeven at Bodmyn on the fest of Seynte Michell the arcangell in the yere and raigne of Kyng Harry the viijth the xth yere.
Per me Willielmum Carnsuyelle,
Per me Nicolaum Opy,