<County: Lancashire>
<Code: L0586b>
<MS reference: Oxford, Bodleian Library, Rawlinson B 460, fols 93v.12-96r.21>
<Text: Award>


<fol. 93v><line 12>The grete endentur~ of ye mosse betuen@ sir John Buron@ and sir
John of Assheton@ awardet be sir John of Stanley
<blank line follows>
This endentur~ beres wittenes yt yer as John of Asshetonn Knyght for
him & his opon yt on partie and John Buron@ knyght for him & his opon
yt oyer partie and also Thomas of Assheton@ son of ye said John@ of
Asshetonn for him and his opon on partie and Richard ye Buron@ son@
of ye said John ye Buronn opon an-oyer partie ben put in ye award
ordenaunce arbitrement of me John of Stanley kny3t of al maner
debates acconns & quereles hade oyer mevet betwene ye parties
beforesaid fro ye begynnyng of ye word vnto ye tyme of ye
submissione of ye said award yer-opon J ye said John of Stanley
knawyng yt ye ˆ [<?>] accons & variaunce3 aforsaid han ben@ stiret
& meuet before ye hegh Councell of ynglond and sithen
before ye honourable lordes Thomas Bysshop of Duresme and
Richard Erle of Warwik and be yair~ comaundment & desire
J toke yis a-ward opon me to deme as fer as my wyte strecches
<fol. 94r>wherfore J haue herd all ye chalenge3 & onsuares titles & claymes of ye said
parties be gode dilibaconn and yer-opon J ordenn deme & a-ward yt ye said John
of Assheton & John ye Buronn Thomas of Assheton@ & Richard ye Buron@ for
thayme & yaire3 ben full frendes and as to ye trespas donn to Willam of
ye Crosse yt ye said Richard ye buron@ pay for him & his felischip yt diden@
yat trespas to ye said willam vj s~ viij d at ye festes of Mydsomer and
Martynmas next comyng be even porcouns And also to Gregore of Berdisley
for trespas donn to him xx s~ at ye said festes and also to Roger ye Cropper for
trespas donn to him xiij s~ iiij d at ye said festes and also to Thomas of ye
leghes for trespas donn to him l s~ at ye said festes Also J ordenn & award
yat ye said John ye Buronn delyuer to Richard ye Hunt an obligacoun in ye quech
he is bounden in-to ye said John ye Buron@ in xx marc~ oyer els yt ye said John
ye Buronn relesse his acconn of yt obigacon@ to ye said Richard ye hunt betwene
yis and ye fest of Saynt petre yt is cald aduincula next comyng
Also J a-ward yt ye said Ric~ ye Buronn pay to ye said John of Asshetonn &
Thomas his son for trespas donn to yaim in comyng to ye tovne of Asshetonn
at ye said festes of Mydsomer and Martinmas be even@ porcouns xx marc~ Also J ye said John of Stanley orden deme & award yt ye said John of
Assheton@ delyuer to ye said John ye Buronn ij obligacouns ayther of CC li
in ye which ye said John ye Buron@ is bounden Jn-to ye said John of
Assheton@ oyer els yt ye said John of Assheton@ relesse al his accon@ yt he
may haue be vertue of ye said obligacounes to ye said John ye Buronn
Betwene yis & ye said fest of Saynt petre Also J orden & a-ward yt
ye said John of Assheton@ make & get Thomas of Asshetonn bastard
to pay to Raulynn ye Tayliour for trespas donn to him x s~ at ye said
festes of Mydsomer & Martynmas be evenn porcouns Also J deme
and a-ward yt ye said John of Asshetonn make & get ye said Thomas
of Asshetonn bastard to pay to ye said John ye Buronn for ye brekyng
<fol. 94v>ye maner of Boterworth and sechyng his tenante3 and seruante3 A hoggeshede
Of wyne or ij marc~ at ye said fest of Missomer Also yt ye said John of Asshetonn
make and get ye said Thomas of Assheton@ bastard to pay to Thomas Knott
for trespas done to him vj s~ viij d at ye said festes of missomer & martynmes
Also J a-ward yt ye said Thomas of Assheton@ son and ayre of ye said John of
Asshetonn pay to ye said Richard ye Buron@ for trespas donn to him at two
tymes a tersyll of a Goshauke at ye said fest of Missomer or within xl dayes
yen next folowyng Also J deme & a-ward yt ye said Thomas of Assheton@
son and heire of ye said John of Asshetonn pay to ye said John ye Buron@
& Richard his son for trespas done to yaime be ye same Thomas & his felisship
at ye Maner of Clayton@ at ye said festes of Missomer & Martynmas xx li be evenn
porcouns Also J a-ward yt ye said John of assheton@ make & gete ye said Thomas
of Asshetonn bastard to pay to ye said Richard ye Buron@ for trespas done to
him in comyng to Cowleshagh xiij s~ iiij d at ye said festes of Missomer and
Martynmas be evenn porcouns And be-cause yt gret variaunce has ben hade
betwene ye said John of Assheton@ & ye said John ye Buronn of meres and
boundes betwene Asshetonn mosse & Drylesdene mosse yer J orden deme &
award yt ye said John ye Buron@ and his heire3 & assignes shal haue & hold
for euer-more in fee simple for yaim & thaire tennte3 yt ben & shal+be in Drilesden@
Claytonn and Synderlond ye grounde & mosse within yies meres yt is to
wytt fro ye heued of ye lomylache suyng by ye bordour of ye mosse
toward aldewynshagh vn-to ye dich yt Thomas of Asshetonn made
opon yt partie of ye mosse so suyng yt dych vnto ye hardhyll yt ye said
John of Assheton@ sais is nowe cald Thomas hill of Assheton@ &
ye whiche hyll ye said John ye Buron@ sais is cald ye hard-hyll be-syde
Oselach in Drylesdene more and so suyng vp Estward be ye hard syde of
ye said hyll fully x rodes and fro ye est end of yose x rodes suyng streght
opon ye end of ye ouermast dyche ˆ [Estward] yt ye said John ye Buronn has in Synde[r]lond
toward ye lytell mosse even to ye same end of ye same dyche except
<fol. 95r>xl rodes and fro yens ouertwart ye same mosse northe-ward evenn to ye vtmast
egge of ye same mosse northe-ward sawyng to ye said John of Assheton@ and
his heire3 ye Jntak yt he has taken in yer as fer as hit is dychet and fro yens
suyng dovne ye egge of yt mosse even to ye said heued of ye said lomylach
3eldyng yerof 3erely for ye dowte and awer aforsaid ye said John ye Buron@
and his heire3 to ye said John of Assheton@ and his heire3 xij s~ at ye festes
of Myssomer and Martynmes be evenn porcouns Also J award yt ye said John
of Assheton@ and his heire3 for thayme and yaire teante3 & yaire assignes
shall haue and hold for euermore if fee symple all ye remenant of ye
said mosse yat ye said John ye Buronn claymes fro ye said diche yat ye said
Thomas of Assheton@ made vnto ye Ewall Also J award yt ye partie3 beforesaid
entre hold and haue to yaime and to yaire heire3 in Fee symple ye parcels
of ye said mosses ayther partie yaire parcell in seueralte like as hit is afore
lymytt and also as J ye said John of Stanley shall mere thaym withe
stakes hole3 and oyer merkes more redyle opon ye grounde by goddes mercy
in ye same fourme betwene yis and ye fest of saynt Michell next
comyng Also J a-ward yt after yt J haue so meret ye said parcels of ye
said mosse opon ye ground yt yen ye said John of Asshetonn and thomas
his sonn shall make oyer make to make ye said John ye Buronn & his heire3
als seure of yt parcell of ye said mosse yat is lymyt to hym as ye said
John of Stanley wil best ordenn & devise als clerely dyscharget and
noght encombret by ye will of ye said John of Asshetonn of al maner
charge3 accouns & entrees as hit is ye day of ye makyng of yie3 endenture3
with-oute fraude oyer male engyne except ye said rent afore reseruet
And ˆ [yt] yen ye said John ye Buron@ and richard his son@ make oyer make to
make ye said John of Asshetonn his heire3 and assignes als seure of
yt parcell of ye said mosse yt is lymyte to hym and of ye said rent afore
reseruet as J ye said John of Stanley wil best ordene and devise .
<fol. 95v>als clerely discharget and noght encombret of al maner Charge3 acconns &
entrees be ye wil of ye said John ye Buronn as hit is ye day of ye makyng
of yies endenture3 With-oute fraude oyer male engyne ordent al-wayes
& demet be me ye said John of Stanley yt ye said Drye-hyll lye open@
for euermore noght to be enprowet ne encloset be ye said John of Assheton@
ne Thomas his son@ thair~ heire3 ne assignes and yt ye said partie3 and
thaire heire3 and ye assignes of ye said John of Assheton@ & of his heire3
may haue wayes sufficiant opon yat said hard-hyll to carye and
recarye Turve3 and oyer caryages at yair~ lust as fer as yaime like3
and also yt ye said John of Assheton his heire3 & assignes shal haue
Wayes resonable ouer al ye remenaunt of drylesdene more yt nowe
lyes oponn noght enprowet ne encloset westward fro ye said dych
yt ye said Thomas of Assheton@ made to carye & recarye turves & other
caryages as fer as yaime likes also be-cause yt ye said John of Asshetonn
& his fader haue sold turves and ye said johnn ye Buron@ & his
fader haue sold no turve3 as J am enfourmet opon ye said mosse
yerfore J ordenn & award yt ye said John ye Buronn ne his heire3 selle
ne gif no leue to delue turves in tyme comyng opon@ ye said mosse
to no persouns yat haue boght oyer shall bye turves of ye said John of
Assheton@ there lest yat sale shuld cast dovne ye mosse rent yt
ye said John of Assheton@ is possessionet of as yis tyme ne to non@
oyer persouns oute-taken@ alonly to ye forsaid tenante3 of ye said John
ye Buron@ & of his heire3 & assignes also J ordene and award yt ye said
John of Asshetonn his heires oyer assigne3 put oute & remewe away for
euermore all ye persouns yt haue rowmes in ye said mosse by his settyng
assignement oyer ordenaunce oyer by hys depute3 within yt parcell yat
is yus assignet to ye said John ye Buronn and his heire3 fro yaire
rowme3 with-oute settyng oyer puttyng any persoun yere a3ayne oyer
<fol. 96r>that yai oyer any of thayme yider come agayne be-cause of any settyng other
assignement of ye said John of Assheton@ his assignes oyer deputes made
Also J ordene & award yt all ye persouns yat benn partie to yis award in
whose name3 othes ben profret of excusacon@ before me to be made yt
yai make yair~ othes and alle ye partie3 to kysse at such tymes as J
shal lymyt thayme to be made and all yis ˆ [forsaid] award with my correccon@
yer-of if nede be J ordene & award to be truly faithefully frendely &
eisyle perfourmet in all poyntes and ye entent yerof als wele opon
payne of reprefe of ye othes and assuraunce yt ye said partie3 haue made
to perfourme myne award as oponn payne of ye bondes yt yai arn bounden@
in yerfore ouer all yis be hit knawen to all ˆ [true] cristen men yt at ye request
of ye best frendes of gret discrecon@ of ye said parties and by ye Avise of ye
best counsell of lernet men yt J myght gete in yis Cuntre J haue made
yis award for ye best for both ye said parties and yaire heire3 to my
discrecon@ be-cause yt J myght haue no clere evidens of ye ryghtwys
boundes yt oghet to haue benn ladde betwene ye parties beforesaid
betwene ye mosses beforesaid and yis J take opon my charge as J
wyll vnsuare before god in ye dredefull day of dome Jn ye wyttenes
of ye queche a-ward to yies endentures J haue set my seale of
myn Armes Writenn on gode fryday next before ye fest of pasch ye
3ere of ye reigne of kyng henre ye sext after ye conquest ye thridde