and paffages, doing no wilful hurt, waste or spoil to any of the woods or grounds belonging to the aforefaid farms, or any of them; But with this reftriction, exception or condition nevertheless, that the faid 7. N. his executors, adminiftrators, fervants, labourers and affigns, fhall not top or lop any timber or timber-like trees, ftanding, growing or being in, upon or about the faid wood or woodlands, or any part thereof, nor any black rives, fellows or flandels left the laft felling; and alfo fhall and will keep, preferve and leave standing on each of the faid woods and woodlands, fo to be felled as aforefaid, 15 young fellows or ftandels of the best and likelieft of the faid underwoods, to be preferved for timber, if there be fo many to be found, and rateably and in proportion for every leffer quantity than one acre thereof. Alfo the faid F. N. for himfelf, his heirs, executors, adminiftrators and affigns, doth covenant, promife, grant and agree to and with the faid T. C. his heirs and affigns, by these prefents, that he the faid F. N. his heirs, executors, adminif trators or affigns, fhall and will well and truly pay, or cause to be paid, unto the faid T. C. his executors or administrators, fo much money as the faid cordwood arifing on or of the said M.— wood fhall amount unto after the rate aforefaid, in fuch manner as is herein after mentioned; for payment whereof, viz. one moiety of fuch money on or before the day of, &c. now next enfuing the date hereof; and the other moiety thereof on, &c. and alfo fo much money as the faid cordwood arifing on or out of the faid B. wood, &c. fhall amount unto, after the rate aforefaid, in fuch manner as is herein after mentioned, viz. one moiety of the money fo arifing on or before, &c. and the other moiety thereof on, &c. All which payments aforefaid fhall be made and paid to the faid T. C. his heirs and affigns, at or in the now dwelling houfe of the faid T. C. fituate in aforefaid. Af it is farther concluded and agreed upon by and between the faid parties to these prefents, that in cafe the faid T. C. fhall fell, during the time aforefaid, any timber or timber-trees ftanding or growing in or upon any of the faid woods or woodlands, he the faid 7. N. his heirs, executors, adminiftrators, fervants, labourers or affigns, fhall cut out, cord up, cleave, convert and carry away the tops and loppings of fuch timber-trees that fhall be fo felled for timber, and pay 7. per cord for each and every cord thereof, unto the faid T. C. his heirs or affigns at fuch times when the underwoods aforefaid are to be paid for, in manner as aforefaid. In witness, &c. Aa Confideration. Recital of a bond for the payment of 100l. per ann. auring the grantor' life, anda judgment for the fame. The grantor month after, &c. that he will affure the An Agreement on giving a Bond and Judgment, for fecuring the Payment of an Annuity, to fecure the fame Annuity on Lands, and then the Bond and Judgment to be void. W Articles, &c. Between C. L. of, &c. and M. M. of, &c. THEREAS the faid C. L. &c. for and in confideration of the fum of, &c. to him the faid C. L. by the said M. M in hand, &c. by his bond bearing even date with thefe prefents, became bound to the faid M. M. in the penal fum of, &c. conditioned for the clear yearly payment of, &c. during the natural life of the faid C. L to the faid M. M. his, &c. at, &c. without any abatement for, &c. the first payment, &c. as alfo for the performance of the covenants, payments and agreements in these prefents mentioned and contained: And whereas the faid C L. for the better fecuring the payments of the faid yearly fum of, &c. aforefaid, hath on the day of the date hereof given a warrant of attor ney for acknowledging of a judgment to the faid M. M. in his majesty's court of Common Pleas for the faid fums of, &c. as by the fame, relation being thereunto had, may more fully appear: Now it is hereby decovenantsupon clared and agreed by and between the faid parties to these prefents, and payment of icol. more the faid CL. for himself, &c. doth hereby covenant, &c. to and with within one the faid M. M. his, &c. for the confideration aforefaid, that if the faid M. M. do and fhall at any time within one month next after the death of, &c. pay unto the faid C. D. or his affigns, the further fum of, &c. which faid fum of, &c. he the faid G. L. doth hereby agree to and with faid annuity to be fuing out the faid M. M. his, &c to receive and accept upon the offer or tender of certain lands thereof by the faid M. M. then he the faid C. L. fhall and will by good of acol. per and fufficient conveyance or other affurance in the law, to the good liking and approbation of the faid M. M. convey and fettle and affure unto the faid M. M and his affigus, to the ufe of the faid M M. and his affigns, one annuity or yearly rent-charge of, &c. to be iffuing and going out of certain lands, meffuage and tenements of him the faid C. L. fituate, lying and being within the kingdom of England, of the clear yearly value of, &c. per annum, free from all incumbrances whatfoever :, To have, hold, receive, take and enjoy the faid annuity or c'ear yearly faid annuity rent-charge of 100l. to the faid M. M. and his affigns, for and during for the life of the term of the natural life of him the faid M. M. payable quarterly at the grantee, the four, &c. by even and equal proportions, without making any abatement for abatement for taxes, charges or affeffments, impofed or to be imp fed by act of parliament or otherwife howfoever; the firft payment thereof to begin and to be made at fuch of the faid feafts as fhall firft happen next and immediately after the death of the faid, &c. and the faid C.L. for himself, &c. doth covenant, &c. (Nomine pana, power to enter and diflrain, and covenant to pay without abatements. See Tit Grants.) And that after the fly, It is agreed by, &c. that he the faid C. L. making fuch fettlefettlement ment for the fame payment of the faid col per ann. to the faid M. M. made upon the lands ut fupra, as aforefaid, all fubfequent payments on the faid bond for the fame fhall all fubfequent ceafe and not otherwife, and until default fhall happen in payment payments on thereof, no exccution or other procefs fhall be taken forth on the faid ann. To hold the without any taxes. Agreement bond ceafe, and un bond or judgment against the perfon, lands, tenements, goods or chat- the bond tha 'I tels of the faid C. L. but if default shall happen to be made in all or any til default shall the payments contrary to the days and times herein before limited, then the faid M. M. his, &c. fhall and may be at liberty to take forth any ment no prohappen in payexecution or process upon the faid bond and judgment, or either of ceedings hall them, against the said C. L. his lands and tenements, goods and chat- be upon the tels. In vitnefs, &c. bond or judg THE An Agreement to affign or transfer Eaft India Stock. Articles, &c. Between A. B. of, &c. and C. D. &c. 'HE faid A. B. in confideration of, &c. to the faid C. D. paid at and before the fealing and delivery hereof, the receipt, &c. doth covenant, &c. to and with the faid C. D. his executors, adminiftrators and affigns, that if the faid C. D. his, &c. fhall transfer or caufe to be transferred 100l. of the general joint-stock of the governor and company of merchants of London trading to the Eafl-Indies, to the faid A. B. his executors, &c. on or before, &c. and thereof fhall give notice in writing at the dwelling-houfe of the faid, &c. three days at the leaft before fuch transfer, that then he the said A. B. his, &c. fhall and will accept the faid 100/. ftock, and alfo well and truly pay, or caufe to be paid, unto the faid C. D. his executors, &c. at the time of fuch tranfferring, the fum of 150l. of, &c. for the fame, together with all fuch fum and fums of money as fhall, after the date hereof, and before fuch transfer, become due or payable into the joint stock on account of the faid 100l. ftock, by virtue of any order of a general court or other courts, then and in fuch cafe, all dividends and profits that fhall after the date hereof be voted, ordered and made, arife or happen on or in respect of the said 100l. ftock, fhall be and remain to the said A. B. his executors, &c. But if the faid C. D. fhall not transfer, or cause to be transferred, unto the faid A. B. his executors, &c. the faid 100l. stock as aforefaid, within the time aforefaid, then this prefent agreement to be void, and the 1. to remain to the faid A. B. In witness, &c. An Agreement to procure an Extent to be aligned to a Purchafor who bath bought the Debtor's Eftate, and paid it out of his PurchaseMoney. of, &c. in the fum of 720l. which faid debt is found by an extent against me the faid G. H. I the faid G. H. in confideration of the faid fum of 720l. to me paid by II'. B. of, &c. at the request of and for the faid debt of the faid Sir J. T. (the receipt whereof I do hereby acknowledge) Do hereby covenant, promife, grant and agree to and with the faid W. B. that I the faid G. H. fhall and will at the request, coffs and charges of the faid W. B. procure the faid extent in due furm ment. Treaty mak ing for a leafe of land for equal berefit of the parties. form to be affigned to the faid W. B. his executors, administrators or af figns. In witness whereof, I the faid G. H. haye hereunto fet my band and feal the, &c. Sealed and delivered (and perufed and approved of by Sir T. T.) in the prefence of us. (The witneffes to fubfcribe here,) G. H. FOURTHLY, Concerning the Inclofing and Dividing of Land and Common, and the Inclofing and Adorning Squares, &c. Agreement between four Perfons, that as foon as a Leafe (for which a Treaty is making) is obtained of Lands, the Premiffes shall be divided, fubject equally to the Conditions, &c. of Leafe. Articles of Agreement, Quadripartite made, &c. Between T. J. of, &c. of the first Part, T. C. of, &c. of the second Part, J. C. of, &c. of the third Part, and F. M. &c. of the fourth Part, as follows: W fioners for a lease of about HEREAS application has been made to her majefty K. queen dowager and a treaty entered into with her majefty's commif acres of marth or fenny lands in the county of L. to be granted to all the faid parties to thefe prefents, for fuch terms of years, and under fuch rents and covenants as can be ob tained from her faid majefty of the fame. Now thefe prefents wineft, and it is covenanted, &c. by and between all the faid parties to thefe prefents, that the faid leafe and premiffes is and fhall be for the equal benefit of all the faid parties, their executors, &c. and that withindays after the faid leafe fhall be fo obtained, the faid lands, &c. fo demifed or intended, &c. shall be set out and divided into four equal parts or thares; and if fuch parties cannot agree upon fuch divifion amongt themselves, then each party is to choofe an indifferent perfon for him; Premises to and the faid four perfons fo to be chofen, are to fet out and divide the be divided. fame into four equal parts and fhares, and the faid parties to these pre fents are to call lots amongst themselves, and each party is to hold and enjoy fuch part or fhare as thall be fo allotted to him in feveralty, to the ufe of himself, his executors, &c. for and during fuch term as fhall be granted by fuch leafe, without the moleftation or interruption of the other of them. Also it is further mutually covenanted and agreed, and the faid parties to thefe prefents do, for themfelves, &c. feverally covenant and agree to and with each other, that each of them fhall and will bear, pay and difcharge one equal fourth part of the fine to be paid to her ma Charges to be jetty upon granting fuch leafe, and all fuch charges and neceffary exborne equally, pences as fhall be paid and expended for procuring the fame from and after the date of these prefents, for fees or otherwife; and alfo one equal fourth part of the yearly rent to be referved to her majefty upon and rent. fuck fuch leafe. And laflly, it is mutually covenanted and agreed, that each Covenants in of the faid parties fhall and will from time, &c. at his own costs and the leafe to be charges, perform all the covenants to be contained in the leafe, and pay performed. and discharge all taxes, duties and impofitions, fo far as relates to the fourth part of the premiffes fo by him enjoyed, fo that the other parties, nor any nor either of them, fhall be, or may be in the leaft prejudiced or damnified thereby; and that if any or either of the faid parties, or Damage to his or their executors, &c. fhall receive any damage or prejudice by the any party to be default or neglect of any or either of the faid other parties, contrary to repaired, the intent of these presents, that then fuch perfon or perfons from or by whom fuch injury arifes fhall make fatisfaction to the perfon or perfons injured, within nefs, &c. after the fame is demanded. In wit An Agreement between Land Owners by Deed-Poll to divide and inclofe a common Field wherein their Lands lie difperfedly, and to procure a Decree in Chancery, &c. to confirm the fame. more mon. To all, &c. We whofe names are hereunder written, and who have figned and fealed these presents, being owners and perfons interefted of and in divers parts and parcels of land lying difperfedly in the common field, called or known by the name of, &c. in, &c. fend greeting. Whereas by long experience it is found, that the lands and tene- Inconvenience ments lying in the common fields aforefaid, do yield little or no profit of the land lyto the tenants or occupiers thereof, and that the fame are more and ing in comworn out and impoverished, and by reafon of the great distance of the faid field from our habitations, and of the bad ways that lead thereto, that the lands there cannot be foiled, manured and improved, without far greater charges than will be answered by the fruits and profits thereof, whilft the fame lies open, intermixed, and not inclosed: And where- Usual customs as by ancient cuftom and courses afed in and touching the faid common of managing the land, field, one half part thereof (the lands there being too barren to be fown every year without intermiffion) doth ufually lie fallow and untilled every inconvenienother year; and fuch part of the faid field not fo fown or lying fallow, cies attend it. is ufually fed with sheep, which always are in danger, and often are rotted by the moifty and watery condition of the ground in the faid field; and by reafon of the intermixture and poor ftate of the land there, divers inconveniencies do from time to time arife and happen to the owners, tenants and occupiers thereof: For remedy and redress whereof, For remedy and for encouraging an improvement, and for that a general benefit and whereof, advantage will accrue and arise to all and every of us, who have any eftate and intereft in any lands lying in the faid common fields, by the contiguous lying together and inclosure of fuch parts and portions of the faid common fields, as by a new divifion or allotment to be made, shall whereby other or may to us feverally and refpectively belong or appertain: Now thefe it is covenantprefents witness, that it is hereby covenanted, concluded and agreed ed by each upon, by and between all and every the owners, tenants and occupiers Party to the others, of the faid lands and others, who have or may have any prefent or future right or intereft of or in any of the lands or tenements lying in the faid common fields, whofe names are hereunder subscribed, and who have figned and fealed thefe prefents; and each of us doth for himself and VOL. I. his |