Catalogue description Marked 9   19 October 10 James I (1612)   Roger Owen of Condover knight makes an award...

Marked 9

19 October 10 James I (1612)

Roger Owen of Condover knight makes an award in a dispute between Thomas Burley of Malehurst gentleman and Richard Lake of Boycott gentleman, by reason of a weare heretofore erected by Burley upon the River or Brooke called Rea between Malehurst and Asterley, andover the erection of a new weir in another place on the same river by Burley

The parties have bound themselves to accept the award, 18 October 10 James (1612) and the award is ready to be delivered to the parties before 1 November by writings indented

He awards

1. the parties shall be lovers and frindes and before 1 November after the date of the award, they shall reciprocally by releases under their hands and seals release all actions prior to the bonds

2. Thomas Burley shall pull down the weere he erected upon the River Rea between Malehurst and Asterley - this is to be done by 25 March next

3. He, his heirs or assigns at pleasure may build and set up a new weare in any otherplaceconvenient in the said river on the meadows called Hocknoll meadows in Asterley, 40 yards or upward above the place where the new weare stands, without any hindrance from Lake, his heirs, executors, or assigns.

4. If by the erecting of the new weare. Lake is any way dampnified or prejudiced, then Burley his heirs, executors, of assigns shall pay such compensation as any 2 of the parsons of Pontesbury for the time being shall limit, think fit, and set down under their hands

5. If Rowland Passand and John Burley or either of them or any other person the owners of the said meadows called Hacknell meadowe in Asterley withstand and not permit Burley to erect his new weirl he may set up such weir of other place to catch fish, as the said auncient weare or other place to catch fish did in former time, a right which Thomas's ancentors have enjoyed upon the said river.

6. If any ambiguity is found in this award, the parties will abide by the arbitrator's explanation

Signature of Roger Owen

Witnesses:- Bonham Norton, Richard Burley, Thomas Spencer, William Lloyde