p66 [Passage in Latin which I cannot transcrbe. JM]
The proceedings uppon the processes out of the Star Chamber against Mr Bacon and others, his Tennants, servants and laborors for cutting down and carryinge awaie of Pennhedg and togeither with others of the towne confederated with them for spoyling and distroying (in a most riotous and unreasonable manner) the Estovers of furrs and thornes then growing uppon Burton Old. Ymediately after the foresaid triall in the Exemplificacion specified
Michaelmas Anno. dmi 1633 et Regis Car: 9o
The bill of Complainte:
To the Kings most Excellent Majestie
In most humble manner complaining showing and informing unto your Majestie, your faithfull and obedient subjects Thomas Baxter, Michaell Jones and George Plowright. That whereas ye said subjects severally and respectingly now and are for many yeres past have bene lawfully seized in their demeane as of ffee of and in divers Messuages landes tenementes and hereditaments in ye towne Mannor perimites? and Parish of Burton Latimer in your Majestyâ€s County of Northamptonshire. Within which Parish is a large quantitie of pasture grounde commonly called or knowne by the name of Burton Old also Woalde within which grounde or Woalde there are and usually have bene great store of ffurres and thornes, and your subjects and those whose estates they serve all have of and in the said Messuages and premisses have ever here to fore for tyme out of mynde whereof the memory of Man is not to the contrary had and used to have for themselves and their tennants and occupyers of the said Messuages and premisses reasonable Estovers of ffurzes and Thornes growing on the grounde and Woolde aforesaid at all tymes of ye yere, And to cutt take and carry awaie the same as well for theire fuell to burne within the severall Messuages aforesaid as for the necessarie reparacions of the hedges and fences in and about the severall landes and tenements thereof your subjects are respectively seized as aforesaid. And your subjects and those whose estates they have on the premisses aforesaid and divers other Inhabitants in Burton aforesaid at their common charge about three score yeres agoe did sett and plant a quick hedge in aboute a certen parcell of grounde conteyning aboute foure acres adjoyning to the said Wolde and antiently thence taken and enclosed for the more convenient watring of beastes and depasturing of cattell in the said Would which hedge did grow and prosper and was for the common good of the said inhabitants and a great succour & shelter for their cattell in extremity of heat and stormes, And when the same hedge (called Penhedge) was cut and plaished (plaited) the same was done with care for the preservance
thereof, and the wood there gott was bestowed and ymployed for the commn use and benefitt of the said inhabitants; Which right and privelidge of having and taking ffurzes and thornes and the benefit of Penhedge for ye purpose aforesaid your subjects and those to whome they claime their estates as aforesaid have had and tyme out of minde have enjoyed whereby not onely your said subjects and divers other persons seized of severall messuages lands and tennements in Burton aforesaid receaved much ease and benefitt But the poorer sorte also of that towne were by the cutting felling selling and ymploying of the said ffurzes and thornes and otherwise everie yere exceeding succored and releived, untill of late that is to saie about three yeres one Thomas Bacon gent who hath or pretends to have some Mannor in Burton aforesaid did interrupt & hinder your subjects in and touching the premisses; Whereupppon your subjects in the name of themselves and others in and aboute the month of ffebruary in the sixt yere of yor happie reigne exhibited their peticion unto and before the right worshipfull Sr. Geo: Crooke Knight then one of the Justices for the County of Northampton thereby showing their right into and to the premisses, and that they were hindred and dysturbed as is aforesaid, And therefore prayed that they might have liberty to cutt the said ffurzes and thornes, and that the said Thomas Bacon might not multiplie suites in lawe for the same; but try the right and title with some one of the peticioners onely, Whereby the said Judge gave answere in theis words Vizt; I desire Mr Bacon to see this Peticion and to Condiscend to the Petitioners Request herein, Or els to shew me Cause to the Contrary this Assises : Geo: Croke the 22 of ffeb 1630. As in and by the same Peticion and Answere Relacion being there unto had more at large it doth and maie appeare; And according to the direccion of the said Judge, the said Thomas Bacon appeared before him and Agreed to bring and commence one Accon onely for the triall of the Petitioners right of and to the said thornes and Premisses, And in pursuance of that agreement did afterwardes commence an Accon of trespasse in your Majesties Courte of Common plees against your subject Thomas Baxter whoe appeared and yssue being joyned whether your said subject Thomas Baxter and all those estates he had in the declaracion mentioned tyme whereof ye memeorie of man was not to the contrary had and used to have of themselves and your tennants of ye premisses reasonable Estovers of ffurres and thornes in a ffulong of land parcell of the said Wold growing at all tymes of the yere to cutt take and carry awaie the same, as well for fuell within the said Messuages to be burned, as for necessarie reparacion of the hedges and fences in and about the premisses to be expended As to the tennants before did apperteine; A Jurie being there uppon duly ympannelled and sworne for triall of the said issue did after long evidence given by both parties finde and retorne theire verdict for Your said subject Thomas Baxter being then defendant; Uppon which verdict your subject had judgement; As in and by the proceedings touching the premisses remaining of record in the said courte of common plees relacion thereunto being had more at large it doth and maie appeare And the said Thomas Bacon seemed to be well satisfied therewithall And not only tooke a parte of ffurres and Thornes growing uppon the said Wold to him assigned and allotted according to former usuages in that behalf But alsoe suffered and permitted your subjects and others that had right to have and take theire partes and proporcions of ffurres and thornes likewise peaceably and quietly to cutt and take and carrie awaie the same untill the month of October now last past, Whereuppon your subjectes had some hope and confidence to have hold and enjoy the premisses according to right and the verdict & judgement aforesaid. Soe it is may it please your most sacred Majestie that the said Thomas Bacon conceaving causes hatred and malice against your subjectes for mainteyneing their right in and to the premisses as aforesaid, And resolving by force and strong hand unlawfully to gaine
What by just and due proceedings recovered by your subjectes as aforesaid, did in or about the said month of October unlawfullie practize, combyne, confederate conclude and agree with John Kinde, Robte. Pichley, Lawrence Eyre, Richard Arbor, George Brabrooke, Stephen Brawnston, William Cave, Richard Holmes, Thomas James, Walter Wood, Henrie Jackson, Robte. Hall, Edward Eyre, Willm. Vickars, Edward Wood, William Norman, Robte. Brett, Robte. Worlidge, John Keach, Owen Henchman, Edward Powres, Robte. Bull, Richard Bull, Anne Brannston, Thomas Blofeild junr, Willm. Lovell, Brighten Shorte, Thomas Mason, Willm. John Michell, Edmund Eady, Thomas Wallis, Michael Pell, and others of your subjects unknowne whose names when they shalbe discovered your subjectes humbly pray maie be inserted into theis Bill, and they made defendentes thereunto how and which waie to gett and obteyne the possession of the said wolde. And to cut and carrie awaie spoile and distroye all the ffuzes and thornes there then growing, and the said hedges called Penhedge; And to convert the same to theire owne proper uses, And to beate hunt wounde and kill such as shoulde oppose or resist them And to disobey the warrantes and commandes of such justices assigned for conservacion of your peace in the said County as should endevour to restraine or apprehend the said confederates.In execution of which plott practize and confederacie they the said confederates in or aboute the thirteenth daie of November last past in the night tyme aboute two of ye clock after midnight being armed and prepared with halbertes, pikestaves, pistolls, swords, daggers and other warlike weapons aswell invasive as defensive did riottously routiously and unlawfully assemble and meet togeither at Burton aforesaid, And being soe assembled did in warlike manner marche in troopes unto the said hedge called Pennhedge, and with axes hatchettes and other intrumentes fitt for such purposes did cutt, hew downe, dig up and distroie the said hedge called Pennhedge; And not soe satisfied in the like riotous and unlawfull went unto the said Wold and there with axes hatchettes and other instrumentes did most malitiouslie riotouslie and unlawfullie cutt downe hew and distroie the ffurrs and the thornes then there growing to the quantity of one hundred loades at the least, and being nere aboute two hundred persons did in their said riotous actes and proceedings continew for the space of two daies and two nights at the least, and during all that tyme the said Thomas Bacon did unlawfullie anmate and encourage the said other Riotous persons promising to save them harmeles, and the better to prevaile with them and to cause them to continew their said riotous courses: he the said Thomas Bacon then and there often times said and gave out speeches in the presennes and hearing of the said riotoures, That, What the said Thomas Bacon did was for the good of the poore, and the poore then shoulde thereby have advantage, and then gave and disposed of great quantities of ffurres and thornes soe cutt downe by the said riotors, to them the said riotors, whereby he gained a popular applause insomuch as the said riotors thereuppon with great shoutes, and outcries said, God bless Mr Bacon; And to them the said Thomas Bacon then likewise gave divers somes of monie as a reward and recompence soe the riott and outrage soe committed as aforesaid ; And moreover the said Thomas Bacon threatened others of the confederates and riotors that then were and now are his tennants and inhabitants of Burton Latimer aforesaid ; That he would put them out of their houses, and ridd the towne of them, if they would not proceed in and committ the riott aforesaid; And that he would loose his right arme before annie man should have ffurres and thornes in the Old but himself onely; And that he would laie up a hundred pounde the yere to spend with your subjectes in suites of lawe and not herewith contented he the said Thomas Bacon perswaded abeted and encouraged the said other riotous persons, not to appeare or goe before annie the justices assigned for conservacion of your peace in the said County nor to obey their warrantes but to oppose and with force to resist the constables and other officers that should bring annie such warrantes or preceptes or endeavor to serve and execute
Insomuch that the said riotors thereuppon became soe insolent that they threatened to cut your subjects throates, if your said subjectes offred to hinder them in cutting downe the said hedge thornes and ffurres and further he said riotors said that they would not leave a thorne roaste a larke. And the said confederate and riotous persons by such their riotous and tumultuous preceedings soe terrified and amazed all the cuntrie adiacent; that they were readie to rise up in armes, some to defend and others to resist and apprehend the said confederates whereby great numbers of your people and loving subjects were in a apparant danger of their lives and states, Which had much suffered had not the care and providence of Arthure Gooday esquire and other justices of the peace nere adjoyning the said riotors had not bene presented; The rather for that nore those partes of the cuntrie in the tyme of the reign of your highnes late ffather of blessed memorie, mannie thowzands of people were uppon les cause and incitation in a riotous and rebellious manner assembled togeither who by the powre of the then shreiff and your said county with great perill and danger and
the shedding of bloodd were dispersed. And your subjectes further shew that by reason of the waste and dytruction of the said hedge, thornes and ffurzes, soe done as aforesaid. The store provision of the estovers is wasted and distroyed and your subjectes and manie others your loving people are much endamaged. In tender consideracion whereof and for that the riotts and misdemenours aforesaid and offences of an high and trauscendent nature tending to the distruction of your people and --------- and are against the lawes and statutes of this --------- realm and were done and committed since any generall? pardon and remaine unpardoned and deserve exemplarie punishment May it therefore please your most excellent the premisses considered to grannte unto your subjectes to be directed unto him the said Thomas Bacon Edward Powers Owen Henchman Henrie Jackson Willm Cave John Kinde Robte Pichley Lawrence Eare Richard Arbor George Brabrooke Stephen Brawnston Willm Cave Richard Holmes Thomas James Walter Wood Robte Hall Willm Vickars Edward Wood Robte Brett Robte Worlidge John Keach Edward Eyre Willm Norman Thomas Mason John Mason Willm Lovell Robte Bull Richard Bull and Anne Brawnson your majesties -------- subpenaes, thereby commannding them and eny of them at a day certen and under a certaine payne therein to be limitted to be and personally to appeare before your majestie and your councell etc. and your said subjectes shall etc.
Memorandum: that uppon theis parties subpenaes were brought downe and served for theire appearances coram etc in octabis---- ------------------------------- etc. But uppon earnest entreaty and desire of Mr Bacon the suite and trespasses aforesaid were referred to the Arbittrant of Doctor Sibthorpe Parson of Burton aforesaid and one of his Majesties justices of the peace for his County of Northampton. And the said Thomas bacon entred into bond dated xxvth daie of January anno nono reign Charles xij in the some of 500li unto the said Thomas Baxter Michael Jones and George Plowright to stand to and abide the said award and arbitrant, and they entred the like bond unto him; which award and arbitrant are in theis wordes as followeth./
And in the said award the said Thomas Bacon desired that theis persons should be included, which are specified in the said bonds mutually entred into as aforesaid (being his servants tennants and workemen.
Imprimis: Thomas Bacon William Cave William Viccars John Kinde Richard Holmes Edward Wood Robte Pichley Thomas James William Norman
Lawrence Eyre Walter Wood Robte Brett Richard Arbor Henrie Jackson Robte Worlidg George Brabrook Robte Hall John Keach Stephen Bramston Edward Eyre
The Award. Arbitrament order rule judgement and ffinall determinacion of Robte Sibthorpe Doctor of Divinity Arbitrator indifferently elected Thomas Bacon of Burton Latimer gent on the behalf of himself his servantes tennantes and certen workemen by him lately ymployed at Penn hedge on the one parte and Thomas Baxter clerke, Michaell Jones gent, Thomas Jones clerke, George Smith, ffrancis Robinson and George Plowright of Burton aforesaid on the other parte ffor the ending and determening of the matter accons suites controvisies or cause of accons from the beginning of the world untill he 25daie of this instant January 1633. betwixt the parties aforesaid concerning Pennhedge and the estover of and in the ffurzes and thornes uppon Burton Old now in question.
1. That Mr Bacon shall be fore the tenth daie of March next cast up or cause to be cast up, a double ditch about the quick-sett or plott of grounde called Pennhedge in the fields of Burton aforesaid and shall make up and repaire all the breaches or defect of quick sett in the said Pennhedge, and shall mounde the said ditch about with a dead hedge on all partes (except only such places as formerly were left unsett on purpose for cattell to passe into and out of the same) to defend the said quick sett; and shall mainteyne and defend the said from all harmes by cattell or other annoyance for theis tenn yeres next and ymediatly ensewing in such sorte and for sufficiently as that it may be a shelter defence and penn for cattell as heretofore it hath bene: And the same soe growne up shall leave to the generall and publique use of the Parrishioners and Inhabitants of Burton aforesaid as heretofore it hath bene without claiming anie particular interest therein or right thereunto, otherwise then o---y other inhabitant or parrishioner aforesaid claymest and hath or lawfully claime or maie have therein Because it sufficiently appeareth by antient records of the said towne that the said Pennhedge was soundly sett and the se-tt provided at the charge of the Townesmen by the Churchwardens for the tyme being and the wood or lop thereout arising
ymployed to the benefitt of the said towne as now is ordered and awarded./
2. That for and towards the making of the dead hedge aforesaid Mr Bacon shall have the remainder of his lott or lottes of thornes in a late lott formerly allotted unto or for him uppon Burton Old and not yet cut or caryed awaie, notwithstanding anie former order made by the Townsmen to the contrary And also the parties abovesaid shall agree to another lott of thornes the yere whensoever Mr Bacon shall desire it and give publique warning in the Church as formerly hath bene done, the better to furnish ---- with his owne parte for the said ffence./
3. That Mr Bacon shall promise and undertake in writing subscribed with his owne hand and name in the book of publique accomptes of Burton Latimer uppon or before the tenth day of ffebruary next ensewing for himself his tennants, servants successsors and assigns that neither he nor they nor anie claymeing in by or from or under him or them shall make or cause or procure to be made like wast uppon the said Pennhedge or uppon Burton Old or uppon anie parte thereof as lately hath bene made nor anie wast or devastation at all nor cutt the same disorderly contrary to order and agreement; Neither shall he or they or anie of them molest troble or interrupt the said ffreeholders or commoners of Burton aforesaid or anie of them But that they maie freely fully and peaceably have receive procure and take theire reasonable estover of ffurres and thornes uppon Burton Old in such manner as heretofore they have done and as in theire last lotte of thornes they or some or any of them did or might have done, And also that every yere and from yere to yere yerely hereafter at such tyme when warning shalbe given by the Minister of Burton for the Parrishioners meeting to elect an Overseer for the Olde or ffurkeeper for the yere being and for consenting to a proportion of a lott of ffurrs and thornes or either of them The said Mr Bacon his heires and successors or his sufficient deputies assigned under his hand in writing shall meet with the Parrishoners at the tyme and place appointed or to be appointed; and shall then and there in each and every the ensewing yeres respectively consent unto the election of the said Overseer of the Old or ffurrkeeper And also to the lott of ffurrs or thornes both (as shallbe defined under his hand) in writing in such manner and in such propertion as the greater parte of the Inhabitants and Parrishioners of Burton so assembled shall thinck meet and give their assent untowherein he and his tennants shall have his and their lott or lotts of ffurrs and thornes in such manner and at such proportion for their yardlands and ancient cottages as other the inhabitants or parrishioners of the like quantities of lands or as the like antient cottages have and noe more nor otherwise And also the ffreeholders before mentioned and their tennants and successors shall take their estover of ffurrs and thornes by lot in such manner order and season as is herein specified for Mr Bacon and his tennants and not otherwise./
4. That Mr Bacon aforesaid shall in respect of the wast lately made by him and his meanes uppon Pennhedge and upon some other thornes uppon the olde of Burton aforesaid and in regarde of charges of suite occasioned for defence of the estovers suppressing of diseinder? and proventing of further wast, pay to Thomas Baxter, Michael Jones and George Plowright of Burton aforesaid or to some or one of them the some of ffifteen poundes of lawfull English mony at or before the 27 day of the instant January at or in the north porch of the parrish church of Burton aforesaid, whereof twenty shillings shalbe towards the repaire of the Parrish Church of Burton aforesaid and twenty shillings for and towards the releiff of the said towne of Burton aforesaid by the Churchwardens because it appeareth by antient records of the towne that the proffitts of Pennhedge and also the forsenting? for waste uppon the olde hath bene so desposed formerly: And the residue of the said ffifteen poundes shalbe disposed for and towards defraying ye costes and charges of suite already expended by the said Thomas Baxter Michael Jones and George Plowright or some or one of them concerning the ffurrs thornes ansd estovers uppon Burton Olde and concerning Pennhedge aforesaid.
The north porch of the church, where
Thomas Bacon was ordered to appear
and pay £15 compensation on
27 January 1633
5. That all accons suites and controversies concerning Pennhedge and said ffreeholders estover of and in the ffurrs and thornes uppon Burton Old now in question & is already moved, or depending, or which might be moved or depending betwixt the parties aforesaid from the beginning of the World unt-- the 25th of this instant January shall utterly cease and determine As councell learned in the law on both sides shall deliver their opinions that it is lawfull for the prosecutors in the Starchamber to surcease their suit there Or if Mr Bacon shall go fore or uppon the day of appearance of the second reterne of this instant Hillary Terme at his proper costes and charges procure by rente (if need so require) that they may safely and lawfully relinquish the same suit And I doe further award that hereuppon ye parties above said for themselves their tennants servants etc shall mutually seall and deliver? releases accordingly in writing under their hands and sealls each to others or to their uses at or before the 19 day of ffebruary next and ymediately ensewing the date hereof; And in the meane tyme Mr Bacon and the parties on his parte desired to be included in this p----------- award shall retorne their p------------ subpenars labells or ticketts to Geo: Plowright at or uppon ye 27 day of this instant January./
Provided allwaies and the true intent and meaneing of this my award is That if the said suite in the Star Chamber may not lawfully cease, or if the prosecutors thereof shall not when they shalbe certified or have lycence procured in manner aforesaid That they lawfully maie surcease and relinquish the same .... fines against the parties in this award included so farr as cocerne themselves and Mr Bacons parte before the Justices of peace at the Quarter Sessions in this County of Northampton, Then the foresaid ffifteen poundes shalbe repaid to Mr Bacon by the said Thomas Baxter Michaell Jones and Geo: Plowright or one of them att or before the third retorne of this Hillary Terme And all and every thing or theire clause or clauses contayned in this award shalbe utterly voyd as if the same had not bene.
In witness whereof I have published this my award and hereto put my hand & seall this 26 January 1633. Rob: Sybthorpe.
Signed sealed and published betwixt the howers of one and two January 26. 1633
In the presence of
Tho: Birde Roger Birde Tho: Mottershed.
The Release from Mr Bacon to Michaell Jones Tho: Baxter and Geo: Plowright accordingly as is mencioned in the 5th article of this award before specified.
Knowe all men by theis partes That the said Thomas Bacon of Burton Latimer in the County of Northampton gent. in parte of performance of an award made by Roberte Sibthorpe Doctor of Divinity dated the 26 Jan: last past before the date hereof and for divers other causes me thereunto especially moving have remised released and for ever quit claymed and by theis doe for me myne executors and administrators remis? release and quite claime for ever unto Thomas Baxter Michaell and Thomas Jones George (Plowright crossed through) Smith and George Plowright their and every of their executors and administrators and every of them all and all manner of accons suites and controversies and causes of accons suites and controversies whatsoever which I mine executors administrators have or may have against the said Thomas Baxter Michaell and Thomas Jones George Smith and George Plowright or any of them for concerning or by reason of the cutting or carrying awaie of any furres or bushes heretofore growing uppon Burton Old or uppon any part thereof, or in or, uppon one hedge in the ffeilds of Burton aforesaid, and from the same shalbe for ever henceforth debarred by theis present In witness whereof I have hereto sett my hand and seall the tenth daie of ffebruary in the nynth yere of the reigne of our sovereigne Lord Charles etc.
Sealled signed and delivered in the presence of
William Hoke Tho: Mottershed
The like release the parties aforesaid released, sealled unto me
Mr Bacon only the names changed.
Also taking part in the confronation was at least one of Thomas Bacon's local fellow-landowners, Owen Henchman, a 'gent.,' of Isham, together with others from across the River Ise. He appears to have been dealt with seperately as can be seen below. Interestingly, Owen Henchman's brother Humphrey was later Bishop of London 1663-1675 and his uncle, John Owens, was Rector of Burton Latimer before Dr. Sibthorpe arrived and afterwards Bishop of St. Asaph 1629-1651.
The Awarde Arbitrament order Rule Judgement and finall determinacion of Robte. Sibthorpe Doctor of Divinity Arbitrator indifferentlie elected and chosen betwixt Owen Henchman of Isham gent. Roberte Bull husbandman, Richard Bull husbandman and Anne Brawnston widdow of Isham aforesaid and Edward Powers yeoman, Thomas Wallis yeoman, Willm Hall husbandman, Brighton Shorte husband, Willm. Lovell husb., Stephen Brawnston husband, Thomas Mason husb., John Mason lab., John Michell lab., Thomas Blofeild lab., Edmund Edie husbandman and Michael Pell husb: of Burton Latimer in the Countie of Northampton and Thomas Baxter Clerke, Michaell Jones gent, Thomas Jones Clerke, ffrancis Robinson yeoman, and George Plowright yeoman of Burton Latimer aforesaid on the other parte for the ending and determining of the accons suites controversies or cause of accons from the beginning of the world untill the 24 daie of Januarie 1633 betwixt the parties aforesaid concerning Penhedge and the estover of and in the Thornes and ffurres uppon Burton Olde now in question ---
Forasmuch as it appeareth unto me by sufficient testomonie that Owen Henchman of Isham in this Countie of Northampton having noe land house tenament common or title In Burton Latimer nor in ye ffeilds thereof was nevertheles about the 11.12.13 and 14th of November last past a great stickler in for and an animator to the disorderly cutting downe and carrying awaie of Penhedge and making wast uppon the old in the ffeilds of Burton aforesaid, and a precuzer of cartes to carrie awaie the same And for as much as it further appeareth by like witnes that himself hath confessed that he was a councellor contriver and devisor of the said disorderly act And for as much as since the cutting downe and carrying awaie of the same he hath jeared at sundrie inhabitants of Burton aforesaid who disliked the said act, and hath made it the subject of his jestes and scoffes in hinnting? drincking and els where; I doe therefore order and awarde that the said Owen Henchman shall at or before the tenth daie of ffebruarie next ensewing paie to Thomas Baxter Michaell Jones and George Plowright or one of them att or in the North porch of the Church of Burton Latimer the summe of twentie shillinges of lawfull English monie whereof five shillings shalbe to the use of the poore of Burton Latimer aforesaid and five shillings towards the repaire of the Parish Church there to which uses the proffetts of Penhedge hath bene formerly ymployed and five shillings towards the erecting of the standing uppon the Old nere unto the place where the bush called Sessors Pulpit did lately grow, which standing Stephen Brawnston hereafter in and by his Award is ordered to sett up, and the other five shillings shalbe towardes the charge of suite which the said Thomas Baxter Michaell Jones and George Plowright have susteyned in suppressing the disorder or by him the said Owen Henchman occasioned as aforesaid .
And a few pages later ...
ffebruary 10th 1633 I Thomas Bacon of Burton Latimer in the Countie of Northampton gent: in part of performance of an Award made by Robert Sibthorpe Doctor of Divinity dated the six and Twentyth Day of January last past before the Date hereof and for the savinge from forfiture of the Bond of 500 li entred into by me the said Thomas for the performance of the same doe hereby for myselfe my heires, and assignes and every of us promise and agree that wee or some of us, or our or some of our deputy or deputies thereunto authorised in writing under our or some of our handes shall and will upon every warninge of the time and place thereof to be given twenty days before hand by the Parson for the time being of the Parish Church of Burton aforesaid or by his Curate in the Parish Church of Burton aforesaid immediately after divine service in the afternoone of some Sunday or holy day come and be present at the time and place appointed for that purpose to give our or some of our consent to the choyce of an Overseer of the Bushes and Thornes, upon the said Olde the same overseer to be chosen yearely by the Major part of the Owners or occupiers of any antient Messuages or Cottages in Burton aforesaid that shall bee there present, And to Agree upon a Lot of ffurres and Thornes growing for the time being upon the said Olde to be made in such a proportion and cut in such a manner as shalbe Agreed upon by the Major part of such of the said Owners or occupiers as shalbe from time to time present at such allotment, soe that upon every such allotment we or some of us shall have allotted unto us or some of us, or to our or some of our farmers or undertennants of antient Messuages and Cottages in Burton aforesaid A rateable and Proportionable part of the said Thornes and ffurres with the rest of the severall and respective owners or occupiers of ancient Messuages or Cottages in Burton the rate and proportion for the ancient messuages to be accordinge to the quantitie of arable lande meddow and pasture in the common field of Burton Latimer aforesaid severally enjoyed with the severall ancient Messuages in Burton aforesaid. Provided always that it may be lawfull for us to convert the said ffurres and Thornes allotted to our farmes or Tennants as aforesaid to our owne proper use or uses or dispose thereof otherwise
as we shall thinke convenient
Agreed for myselfe my heires and assigns and for every of us agree that upon every such allotment as aforesaid every owner and occupier of any ancient Messuage or Cottage in Burton shall have and enjoy such a rateable and proportionable part of the said ffurres and Bushes as we or any of us shall have and enjoy, and that wee or any of us, or our or any of our servants or workfolke shal not, or will not cut any ffurres or Thornes growinge or to be growing upon the said Olde, but only such as shall bee allotted unto us, And those only at such time and times, and in such mannor as, upon every severall allottment shalbe agreed upon as aforesaid./
Entered and subscribed
in the presence of us
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