There are two documents which have survived:
Know All Men by these Presents, That I, Robert Parsons the elder of the parish of Aveton Gifford in the County of Devon Gentleman, am held and firmly bound unto James Steere of the parish aforesaid Gentleman in Five Hundred Pounds of good and lawful Money of Great Britain to be paid to the said James Steere or his certain Attorney Executors Administrators or Assigns; for which Payment well and truly to be made I bind myself my heirs Executors and Administrators firmly by these Presents, Sealed with my Seal. Dated the twenty fourth Day of January in the fiftieth year of the Reign of our Sovereign Lord George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the Year of our Lord One Thousand Eight Hundred and Ten
Whereas divers Disputes and Differences have arisen and are now depending between the above bounden Robert Parsons and the above named James Steere, concerning the Use Course and Disposal of a certain Stream of Water commonly called The Mill Leat in the above mentioned Parish of Aveton Gifford, which Stream of Water does at present run through Part of a Tenement called Coombe, in the parish aforesaid, belonging to the said Robert Parsons, and from thence through part of a Barton or Farm called Wakeham in the same Parish, and from thence into a Tenement at or called Ashford, in the same Parish, belonging to the said James Steere: which Disputes and Differences the said Parties have agreed to refer to the Award Judgement and Determination of Richard Andrews of Modbury in the County of Devon Land-Surveyor, being an Arbitrator indifferently chosen by and between the said Parties, to award arbitrate judge and determine concerning the same, and concerning the future Use Course and Disposal of the said Stream of Water; and also to settle adjust and determine the expenses of the Award so to be made by him, and a Duplicate thereof, and also the Expenses of the Attendance of himself and of all witnesses who shall be produced before him by the said Parties respectively for Examination in and concerning the Premises, and of all Meetings for that Purpose, and all other Expenses incident to or attending the said intended Determination and Arbitration; and to arbitrate award and determine whether by both or by which of the said Parties, his Executors or Administrators, and when where and in what manner, such Expenses shall be paid; Now The Condition of the above written Obligation is such, That if the above bounden Robert Parsons his Heirs Executors and Administrators do and shall, for and on his and their Parts and Behalfs, in all things well and truly stand to, obey, abide, observe, perform, fulfil and keep the Award, Order, Arbitrament, final End and Determination of the said Richard Andrews of in and concerning the before mentioned Matters in difference; and the future Use Course and Disposal of the said Stream of Water, and also concerning such Expenses as aforesaid, and all and singular the hereinbefore mentioned Premises; So as such Award be made in Writing, and ready to be delivered to the said Parties in Difference on or before the twenty fifth day of March now next ensuing; then the above written Obligation to be void and of no Effect, or else to remain in full Force and Virtue
Robt Parsons
SEALED and Delivered (being first duly examined) in the Presence of R W Fox S Widdecombe
This Indenture To all People to whom this present Writing of Award indented shall come I Richard Andrews of Modbury in the County of Devon Land Surveyor send Greeting. Whereas divers Disputes and Differences have arisen and are still depending between Robert Parsons the Elder of the Parish of Aveton Gifford in the said County Gentleman and James Steere of the Parish of Aveton Gifford aforesaid Gentleman concerning the Use Course and Disposal of a certain Stream of Water commonly called The Mill Leat in the above mentioned Parish of Aveton Gifford, which Stream of Water does at present run through Part of a Tenement called Coombe in the Parish of Aveton Gifford aforesaid belonging to the said Robert Parsons and from thence through Part of a Barton or Farm called Wakeham in the same Parish and from thence into a Tenement at or called Ashford in the same Parish belonging to the said James Steere, which Disputes and Differences the said Parties have agreed to refer to the Award Judgement and Determination of me the said Richard Andrews being an Arbitrator indifferently chosen by and between the said Parties to award arbitrate judge and determine concerning the same and concerning the future Use Course and Disposal of the said Stream of Water, And also to settle adjust and determine the expences of the Award so to be made by me and a Duplicate thereof, and also the Expences of the Attendance of myself and of all Witnesses who should be produced before me by the said Parties respectively for Examination in and concerning the Premises and of all Meetings for that Purpose and all other Expences incident to or attending the said intended Determination and Arbitration, and to arbitrate award and determine whether by both or by which of the said Parties his Executors or Administrators and when where and in what manner such Expences shall be paid And Whereas the said Robert Parsons and James Steere have bound themselves each to the other in the penal sum of Five hundred Pounds of lawful Money of Great Britain by their several Bonds or Obligations bearing Date the Twenty fourth Day of January now last past with Conditions thereunder written (after reciting as is or to the Effect hereinbefore recited) for the said Parties respectively and their respective Heirs Executors and Administrators to stand to obey abide observe perform fulfil and keep the Award Order Arbitrament final End and Determination of me the said Richard Andrews of in and concerning the thereinbefore mentioned Matters in difference and the future Use Course and Disposal of the said Stream of Water and also concerning such Expences as aforesaid and all and singular the thereinbefore mentioned Premises, So as such Award were made in writing and ready to be delivered to the said Parties in Difference on or before the Twenty fifth Day of March then next ensuing; As by the said Obligations and Conditions thereof it doth and may appear;
Now Know Ye That I the said Richard Andrews , taking upon myself the Charge and Business of the said Award and having viewed the said Lands and the said Stream of Water and deliberately heard examined and considered the Allegations Proofs and Evidences of both the said Parties, Do make and publish this my Award Order Arbitrament final End and Determination between the said Parties of and concerning the Premises in manner following, to wit; First I award order and determine that a firm and durable wear or Dam shall within one Calendar Month from the date hereof be built and erected across the said Stream of Water in a certain Meadow commonly called the Strowl Meadow belonging to the said Tenement called Coombe, as near as conveniently may be to the Place where the said Stream of Water enters the said Meadow from a certain Tenement called Stockdon, And that in the said Wear or Dam there shall be fixed two substantial flat Stones standing upright, in each of which Stones there shall be cut a Notch or Aperture Eighteen Inches in width and Twelve Inches in Depth and open at the Top, the Sides of which Apertures shall be perpendicular and the Bottoms thereof horizontal, and both at the same level as near as conveniently may be, and the upper Parts of the said Stones to be also made horizontal and both at the same Level as near as conveniently may be, so that the Quantities of Water which shall pass through both the said Apertures or which the same shall be capable of discharging shall be as nearly equal as conveniently may be; And that one of the said Apertures shall be so placed as conveniently to let the water running through the same pass on from thence in the natural Channel of the said Stream of Water leading towards the aforesaid lands of the said James Steere, and the other of the said Apertures shall be so placed as conveniently to let the Water running thro' the same pass on from thence in the Channel of the Gutter which hath been heretofore used by the said Robert Parsons for carrying Water from the said Stream over or through the said Meadow, or in any other course or for any other Purpose which the said Robert Parsons his Heirs or Assigns shall think proper; and that the said James Steere his Heirs and Assigns shall not molest obstruct or hinder the said Robert Parsons his Heirs or Assigns in the Use Enjoyment or Disposal of the same, he and they doing thereby no Damage or Injury to the Lands of the said James Steere his heirs or Assigns; Nor shall the said Robert Parsons his Heirs or Assigns molest obstruct or hinder the said James Steere his heirs and Assigns in the Use Enjoyment or Disposal of such Part of the said Stream of Water as shall after the erection of the said Wear or Dam and Stones as aforesaid, run from thence in its natural Channel in the manner hereinbefore directed, he and they doing thereby no Damage or injury to the Lands of the said Robert Parsons his Heirs and Assigns.
And I Also award order and determine that the said Wear or Dam and Stones so to be erected as aforesaid shall be erected and for ever hereafter repaired and renewed when and as often as needs shall require by the said Robert Parsons his Heirs and Assigns, and that one half of the Expence of erecting and building the same and also of repairing and renewing the same from Time to Time as aforesaid shall be repaid to him or them by the said James Steere his Heirs or Assigns within fourteen Days next after Demand made and a Bill of the Particulars thereof left with him or them or some or one of them and proper Receipts or other Vouchers produced for the same; Also I award order and determine that in the mean Time and until such Wear and Stones shall be erected and fixed as above mentioned the said Robert Parsons his Heirs and Assigns shall or may by any convenient Ways or Means divert and take a Part of the Stream of Water (not exceeding in Quantity one half thereof) for the purpose of carrying the same over or through the said Meadow or for any other Purpose, has and they permitting the Remainder of the said Stream to run in its natural Course. Provided always that when and at such Time and Times as the said Robert Parsons his Heirs or Assigns shall have no Occasion for the Water so intended to be awarded to him and them as aforesaid or for any part thereof it shall be lawful for him and them to keep back and cause the same or any Part thereof it shall be lawful for him and them to keep back or cause the same or any Part thereof to run in the natural Channel of the said Stream. Also I award and determine that the Expences of this my Award and a Duplicate thereof and other expences incident to or attending this present Determination and Arbitration which have not already been paid by the said Parties (amounting in all to the Sum of thirteen Pounds fifteen Shillings) shall be paid to me or my Executors or Administrators by the said Parties or their respective Executors or Administrators in equal Shares at my Dwelling house in the Town of Modbury aforesaid on or before the thirtieth Day of this instant March. And Lastly I award order and determine that all Actions and Suits (if any) by or between the said parties concerning the Premises so submitted to me as aforesaid previous to the date of the said Bonds shall from henceforth cease and determine, And that no Action or Suit shall hereafter be brought by either of the said Parties his Heirs Executors or Administrators against the other of them his Heirs Executors or Administrators for or on Account of any Matter or Thing in or concerning the same Premises previous to the date of the said Bonds.
In Witness whereof I have to this my Award set my Hand and Seal the fifth Day of March in the year of our Lord One Thousand Eight Hundred and Ten.
Richard Andrews
Signed sealed and Delivered by the within named Richard Andrews, as his Award, in presence of us
Elizabeth Andrews
Jn. Andrews
Transcribed by Treeby W Hingston c 1945 and checked against the original on parchment by AJH 1998