Crayford Arbitration Award - transcript

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Crayford Arbitration Award
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THE ARBITRATION AWARD

TO ALL CHRISTIAN PEOPLE to whome this present writtinge Indented of awarde shall come the Right Honorable Edward Earle of Worcester Knight of the most Noble Order of the garter Master of the Horse unto the Queenes most excellent Majestie and one of Her Heighnesse most Honorable privie Councell, the Right reverent ffather in god Richard by godes permission Bishopp of London, the Right Honorable Henry Lorde Cobham knight of the saide most Noble order of the garter Lorde warden of the Cinckeportes Cunstable of the Castle of Dover and Lord lieutenant of Kent Sende greetinge in our Lorde god everlastinge. Whereas it was thought meete and ordered by the Lordes Sperituall and Temperall assembled in the upper Howse of the Heigh Court of Parliament upon ffryday beinge the eightenth day of December last past that the examinacion and determininge of the Controverses and suittes dependinge betweene William Crayford of Mongham in the County of Kent gent' and William Vaughan of Pembridge Castle in the County of Hereford gent' servant to the Earle of Shrewsburye should be referred unto us, the said Earle of Worcester the Lord Bishopp of London and the Lord Cobham and that they the saide William Crayford and William Vaughan should enter into good and sufficient bondes eache to other to stand to observe and performe suche award and arbitrament as we the saide Lordes should make and sett downe betweene them, And whereas aswell by the saide order as also accordinge to an other order of the saide House made the Ninetenth day of December then next followinge the said partyes have submitted and bound them selfes with sufficient suretyes eyther to other in the some of Two thousand poundes of good and lawfull money of England that the said william Crayford and his Sonnes Edward and William and his and theire Heires and the saide William Vaughan and his Heires and John williams and all others Clayminge under the saide William Vaughan or any of his Auncestors should and would stand abide performe fullfyll and keepe the awarde Arbitramet and determinacion of us the saide Lordes or of any two of us to be taken in this behalfe soe as suche awarde or Arbitrament be made and sett downe before the ffeast of Easter next ensuinge whereuppon wee the saide Lordes Arbitrators as aforesaide havinge Att large and with great deliberation at sundrye tymes harde the saide partyes and theire Counsell learned one booth sides and havinge duely and advisedly considered of theire severall greefes, troubles suites Controversyes obiections claymes tytles and demaundes whatsoever betweene them dependinge, Doe Arbitrate order and award betweene the saide partyes concerninge the saide premysses in manner and forme ffollowinge // ffirst whereas dyverse suittes have bene moved ageinst the saide William Crayford by George Durbrand deceased Valentyne Durbrand deceased his sonne Phillipp Bennett Henry Kocke william Ballard, John williams all makinge and pretendinge tytle from and under the saide William Vaughan and last of all whereas duyverse suittes and debates have bene had and moved by and betweene the saide William Crayford and the saide William Vaughan himself for and concerninge one parcell of land called Mongham ffeild conteyninge by estimacion Three score Acres and one other parcell of lande called Brackty conteininge by estimacion ffourty Acres one other parcell of land called Blakenhill conteininge by estimacion one and ffourty acres lyinge and and beinge in the parishe of Ryple and for foure acres of Marshe ground lyinge in Shoulden in the County of Kent NOWE KNOWE ye that all thought we the saide Lordes Arbitrators found the estate of the saide cause verry intricate by reason of certen offices found and contrary verdictes given for both partyes yet at the last after muche debatinge of the matter one booth sides wee inclyned to thinke that the saide William Crayford and Edward his Sonne have the best right tytle and interest in the saide landes and tenementes and that yt seemeth verry probable unto us that the same landes and tenementes are parcell and doe belonge and of auncient tyme have bene parcell and belongings to the Mannor of Watlinge in Ryple as parte of the Demesnes of the saide Mannor and that the same are not nor never were any parte of the Inheritance of the said William Vaughan or any of his Auncestors And therefore for the avoydinge of all troubles and suittes heareafter betweene the said William Crayford and William Vaughan theire Heires executors or Assignee wee the saide Lordes Arbitrators Doe by theise presentes Arbitrate order and awarde that the saide William Vaughan of Pembridge Castle William Vaughan of Copthill gentleman and John Williams shall within tenn dayes after the publicacion of this award at the Costes and charges of the saide William Crayford or His Heires acknowledge execute and suffer all and every suche reasonable Actes thing and thinges devise and devises in the lawe as by the said William Crayford or his learned Counsell in lawe shalbe reasonably devised advised or required for the better assurance and securyty of the said premysses to the saide William and Edward Crayford and to theire Heires and for the releasinge grauntinge and utter extinguishment of the estate right tytle interest possession use clayme and demaund whatsoever which he the saide William Vaughan or any of his Auncistors or any other parson or parsons Claiminge from by or under him or them hath may have or pretendeth to have in the saide premysses or in any other landes tenementes or hereditamentes whatsoever which were the possession or inheritance or pretended to be possession or inheritance of the saide Vaughans or theire Auncestors in Ryple Mongham or Shoulden or elsewhere in the County of Kent nowe in the possession of the saide William or Edward Crayford or theire Assignes (exceptinge onely suche landes as the saide William Vaughan of Pembridge Castell hath formerly conveyed to one George Durbrand deceased not excedinge the Number of Theirty acres) with warranty ageinst them and theire Heires and all those that lawfully clayme under them and also wee doe order Arbiyrate and awarde that the saide William Vaughan of Pembridge Castell William Vaughan of Copthill and John Williams shall within the saide tenn dayes next after the said publication of this awards Release to the saide William Crayford and to Edward and William his Sonnes all and all manner of Accions aswell Reall as personall enteries entrusions trespasses suittes quarrells wronges offenses debtes dutyes and demaundes whatsoever from the beginnings of the  world to the day of the publicacion of this present award (exceptinge onely the saide bond of Two thousand poundes made for the performance of this award) And the saide Vaughans shall within the same_tyme delyver to the saide William Grayford all deedes evidences writtinges bylles and answeres depositions Coppyes of all bookes and offices and all exemplificacions of all offices verdittes and depositions terrors serveyes, Mappes, cardes and all Minimentes whatsoever which be nowe  in the possession or which they maye any way come by with ...... (?) suit and concerne any way the premysses above mentioned or any suite heartofore comensed or moved for or concerninge the same and in consideracion of the premysses Wee the saide Lordes Arbitrators doe award that the saide William Crayford shall uppon the finishinge and full perfectinge of the saide assurance and releases and delyvery of the saide writinges pay to the saide William Vaughan of Pembridge Castell the some of one Hundred poundes of good and lawfull money of England, and shall enter into bonde with sufficient suretye to the saide William Vaughan or to any other whome he shall Nominate or appoint for the true payement of one Hundred poundes more Att the ffcuntstone in the Temple Churche London in and uppon the ffeast Day of all Saintes next ensuinge after the date heareof AND wee doe order Arbitrate and award that uppon payement of the said first Hundred poundes and the saide assurance given for the other Hundred poundes to be paide in manner and forme aforesaide the saide bonde of Two thousand poundes made by him the saide William Crayford and his saide Sonne for the performance of this award and the bond wherein the saide William Vaughan and the saide John Williams are lykewyse bond for the same, shall booth be delyvered up to the saide partyes and canceled or released, And the saide William Vaughan of Pembridge Castell and William Vaughan of Copthyll and John Williams shall enter into a bond of ffour Hundred poundes that from thenceforth they the saide Vaughans shall for ever permitt and suffer the saide William and Edward Crayford and theire Heires and Assignes peaceably and quietly to have hould occupy and inioye the saide premysses and all wayes and easementes thereto belonginge with theire appurtenances (except as before excepted) without any manner of lett trouble vexation or interuption of the saide William Vaughan His Heires and Assignes, or of any lawfully clayminge from by or under him or any of His Auncestors or in by or with his or theire right tytle interest estate privitye meanes or procurement and for and concerninge one barne built at the charge of of (sic) Sir Thomas Kempe whose estate the saide (William deleted) Crayfordes hath in the saide Manner of Wattlinge for that it seemeth verry doubtfull to us the saide Lordes arbitrators whether the saide Barns was sett upon the land of the saide Sir Thomas Kempe or els uppon parte of suche lande as the saide George Durbrand purchased of the saide William Vaughan wee the saide Lordes Arbiyrators Doe awarde that it shall and may be lawfull for the saide William and Edward Crayford at theire pleasures to take away and remove the saide barns, and concerninge the soyle where uppon it is nowe standings wee leave the Heires and Assignee of the saide Durbrans and the saide Grayfordes to the laws, But we doe award that yf the Heires and Assignee of the saide Durbrand shall suffer the saide Crayfordes quietly to take aways and remove the saide Barns that then the saide Orayfordes (uppon request) shall release to the saide Heires or Assignee of the saide Durbrandes the soyle where uppon the saids barns etandeth and all the ground within the compass of the Hedge that is sett about and nears to the saids Barns to the quantitys of halfe ans acre or theirs aboutes AND wee thinks yt meets for a more fynall ends of all controverses that the Heirss and Assignee of the saide Durbrandss and the saide William Ballard should likewyse make generall releases to the saide William and Edward Crayford of all Actions and of all the right in the saide premysses and that the saide Ballard be bound not heareafter to solliscit any suite ageinst the saide Crayfordes for or concerninge the same, but wee have noe aucthority to order it so concerninge Ballard IN WITNES whereof wee the saide Lordes arbitrators to this presentes have setto our Handes and Seales and published booth partes of this present award the xxiiijth Day of ffebruary in the ffoure and fforteith years of the reigne of our Soveraigne Lady Elizabeth by the grace of god Queene of England ffraunce and Ireland Defender of the ffayth etc.

 



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