_Award of John Treffry, Thomas Brown, and others, in a Dispute
between the Prior of Bodmyn and Richard Flamank, Esq., respecting
Lands in Little Boscarn and Dynmur._
(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 xl^{ti li} by
ther severall oblicacions whois date is the last day of August in the
x^{th} yere of the raigne of Kyng Harry the viij^{th}, 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 x^{th} yere of the raigne of Kyng Harry the viij^{th},
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 viij^{th} the x^{th} yere.
Per me WILLIELMUM CARNSUYELLE,
Per me NICOLAUM OPY,
Per me CRISTOPHORUM TREDENEK.
_The Prior of Bodmyn to Mr. Lock, complaining that the Canons refuse
to live up to the Rules set them by their Visitor._
(From the Orig. MS. Cotton. Cleop. E. IV. fol. 116.)
Maister Lok, I harttili recommend me unto you; so thankyng you for
your gret kyndeness and payne that ye have take for me, which I trust
wons God wyllyng to recompens. Syr, I am sore disquieted with a sort
of unthryfty chanons, my convent, and there berars, which of long
contynuans has lyvyd unthriftili, and agene the gode order of
relygyon, to the grete sklaunder of the same, as all the contrey can
tell; for the reformacyon thereof, the buschope yn hys late visitacyon
gave cartayne and dyvers injuncions commandyng me straytle to see
obseruyd and kept; which ar noo harder than our owne rule and
profession byndis us, and as alle other relygyus men use and observe
where gode relygion is observed and kept. Wherewith they be sore
greved, and yntend the most parte of them to depart with capacitise,
with owt my concent and wylle, and won of them hathe purchased a
capacyte the last terme, without my lycence, which is agene the words
of his capacite, wherefor I have restrayneyd his departyng, for no
gret los that I showld have of hym, but for the yl example to other;
for yf I should suffer this man to depart yn thys manner I shal have
never a chanon to byde with me. I am sore threttyned with won Mr.
Roger Arundell a gret berar and mayntynar of my bretherne agenst me,
and the procurar of there capacites, to be browght before the kyngs
graces honourable councell, for that I have not suffered this lewde
chanon to depart with his capacite accordyng to there yntent. I pray
you harttili to shew this mater to my gode Mr. Secretary desieryng
hym, as my speciall trust ys yn hym yf, anney complaints cum to hym,
as I dowt not but that there wol, yt may plese hym to refer the
examynation of the mater to Sir John Arundell, Sir Peter Eggecumbe,
Sir John Chamond, or any other discrete gentilmen yn the contrey what
so ever, so that I cum not to London as there purpose ys, which showld
be to gret a charge for me to bere, my hous beyng sore yndetted all
redye. This gentilman hathe procured a commyssion, as I am informyd,
to pull down a were longyng to my pore hows, which hathe stand up thes
ccccc yere and more. If nede be I wol wryte more of this mater by Mr.
Hill. Thus fare ye as wol as yoʳ gentil harte can thynke, and all my
gode frends and loviers, to home pray you have harttili commendid.
From 28 Maij by yoʳ owne for ever.
THOMAS prior there.