Recital of fe Articles of Agreement to afcertain each Perfon's Number of Cattle to be put on Common, and to make other Regulations as to the Corn Fields, &c. Articles of Agreement indented; &c. Between, &c. being all of them Owners or Occupiers of feveral Lands, Tenements and Hereditaments, fituate, lying and being within the Parish, Precincts, Com. mon Fields, Meadows and commonable Places of C. in the County of B. of the one Part, and W. B. of, &c. Efq; M. S. of, &c. Gent. and W. J. of, &c. Gent. and J. B. of, &c. Yeoman, of the other Part. Feral perfons WHEREAS divers and fundry perfons that now are and have been for afcertain the proprietors, owners and occupiers of divers and fundry lands, having furtenements and hereditaments within the parish, precincts and common. charged the common to the able places of C. have for fome time paft greatly furcharged and oppreff prejudice of ed the commonage and common of pafture within and belonging to C. others having aforefaid, by putting and keeping thereon more and greater number of right. cattle than they ought to have done, or have a right of common for, and by using the fame in other manner than the fame ought to have been ufed, to the great damage and prejudice of other perfons having right of For preventing commonage there: Now for the preventing, redreffing and reforming the fame, and the fame for the future, and for the regulating and ordering of the com monage and common of pafture in time to come, which yearly and every ing the number of cattle of each year fhould and ought to be had and taken within the precines, comproprietor, &c. mon fields, common meadows and commonable places of C. by the according to owners and occupiers of lands therein, and for the afcertaining how their proporti- many and what number of commonable cattle fuch proprietors and pofons of land. feffors of lands in that parish may hereafter have, keep and depafture thereof, and to the end, intent and purpose, that all and every the perfons firft above named, that are owners and occupiers of land in C. afore faid, that have and claim to have right of common in respect of the lands they hold and enjoy, may not opprefs or furcharge the common, by putting a greater number or more cattle thereon, or in other manner than is herein mentioned, expreffed and declared, and that any one having fuch right or common may have and enjoy their proportionable share of common, and have the benefit thereof, in proportion to the feveral lands they hold and enjoy; It is hereby covenanted, and agreed upon, by and between the parties to thefe prefents, that all and fingular the orders, articles and agreements herein after mentioned, expreffed and fet down, fhall be punctually obferved, performed and kept, by all and every the parties hereunto, and that the public advantage and equal right of all and every the inhabitants, owners and occupiers of lands in C. may be preferred before the private advantage of fome self interested perfons who endeavour to break through all orders that tend to the public advantage and good of their neighbours, they the faid G. H. E. N. &c. (the proprietors) for themfelves feverally and refpectively, (that is to fay) each of them for himself, and for his feveral and refpective heirs, executors, adminiftrators and affigns, and for fo much as concerneth, or may concern, his own act and acts only, and not one of them for the other, The proprie tors covenant. to perform the agreements other, nor for the act or acts of the other, or for the heirs, executors, years now next coming after the day of the date of thefe prefents, well and truly observe, per form, fulfil, do and keep all and fingular the articles, covenants, promises, claufes and agreements herein after in and by thefe prefents mentioned and expreffed, fpecified and comprized, and fhall, in case they, or any or either of them, foall wilfully make breach, or willingly break any or either of the faid articles, covenants and agreements, or procure the fame to be broken, pay, or caufe to be paid, all and every fuch fum and fums of money, pains, penalties and forfeitures, by the feveral articles to be paid on demand, without any fraud or delay. And it is article. agreed upon by and between all the parties to thefe prefents, that they, of cattle afcer The quantity or either of them, nor any other perfon or perfons, that hath or may tained in pro have any right of common for any cattle within the precincts, common portion to the meadows, or commonable places of C. fhall or will put thereon, keep or land each endepafture there, during the fpace of 12 years now next enfuing, any jɔys. more or greater number than one horfe or gelding, two cows or bullocks, and fixteen sheep, for every 2 acres he or they fhall have, hold, enjoy and occupy in the faid common fields and meadows; upon pain and penalty that they, every or either of them which do or fhall put thereon, keep or depafture there, any more or greater number of horfes, geldings, cows, bullocks or fheep, than after the rate and proportion above mentioned, within the faid term, fhall and will for every time he or they fhall make breach of this article, forfeit and pay, or caufe to be paid, unto the faid W. D. &c. or fome or one of them, the fum of 10s. of lawful money of Great Britain, upon demand. It is alfo 2 article. agreed, by and between all the parties to thefe prefents, that neither Not to put any they nor any or either of them, or any other perfon or perfons that hath, locks in any of or hall have any right of common for any cattle within the common fields he highways, of C. fhall or will put on or keep, feed or depafture any of his or their &c. within the cows or bullocks in any of the highways, wafte groundsor commonable corn fel is ti'l places within the corn fields of C. until the 11th day of May yearly, a day certain. during the faid term of 12 years, upon payment and penalty that they, all and every other perfon and perfons, that do or fhall make breach of this article, fhall and will forfeit or pay, or caufe to be paid, to them the faid W. D. &c. or fome or one of them, the fum of 10s. upon demand. And that neither they nor any of them, nor any other perfon or perfons, that hath or may have any right of common for any cattle with- horfes, &c. in in the common fields, meadows or commonable places of C. fhall or will he highways, put or keep or departure any of his or their horses, mares or geldings, &c. in the con upon the highways, wafte grounds or commonable places in any of the fields till, &c. corn fields of C. aforefaid, until the first day of Auguft yearly, nor fhall nor put their horfes, cows, put, keep or depafture any of their horfes, cows or bullocks, into the or fheep into bean-fields that are fown with beans, till fuch fields be clean rid, nor the wheat flubany horses, cows or fheep into the wheat ftubbles, until one day after bles till, &c. the wheat and corn be carried out of the fame, nor any fheep into bar ley cows o bul 34 article. 4th article. Of draining water. Nor heep into ley ftubble, until the 16th day of Odober yearly, upon pain that they, the barley ftub- each and every of them, that do or fhall make breach of this article, in ble, till, &c. any one of the particulars before mentioned, fhall and will forfeit and pay unto them the faid W. D. &c. or one of them, the fum of 10%. upon demand. Also it is agreed by and between all and every the par ties to thefe prefents, that they, and all other perfon and perfons, which have, or hereafter may have, any lands in the tithe fields, that are, or shall be hereafter, during the faid term of 12 years, fown or made for tithe, that is or may be fubject to damage by the water flanding thereon, fhall and will, in a husband like manner, water, furrow and fcower the water-courfes for the water to pass away in the most usual and convenient places of their lands fo fown or made up for tithe, upon pain that they, and each and every other perfon and perfons that fhall refufe or neglect to water, furrow or fcower the water-courses in man ner aforefaid, shall and will forfeit and pay to them the faid W. D. M. S. W. J. and B. or fome of them, the sum of 6s. 8d. upon demand. And it is further agreed by and between the faid parties to thefe pre fents, that T. H. &c. fhall be field-drivers or tellers of the cattle that are commoned and kept within the common fields and commonable places tle, and take belonging to C. aforefaid, to fee and take care from time to time, durcare that thefe ing the faid term of 12 years, that all the claufes, articles and agrees articles be ob- ments before mentioned, and every of them, be duly performed, ob ferved and kept; to whom, or to any three or more of them, all and every the parties hereunto, and all and every other perfon and perfons fend account of who have or hath any right of common in the common fields, mea the numbers of dows and commonable places of C. fhall and will, before the fifth day of their cattle. April yearly and every year, during the faid term of 2 years, give and 5th articles Who to be field drivers or tellers of cat ferved. Commoners to fend a particular account of what number or numbers of cattle they can refpectively keep, for or in refpect of the lands they refpectively hold and occupy, and particularly what and how many cattle they feverally keep, or may or can put on the faid commonable places, and what and how many commons have been let or demised to any other perfon or perfons, and to whom by name they have let the fame; upon pain that every perfon or perfons that fhall neglect or refufe to give fuch account, or fhall break or infringe this article, or any part there. of fhall for every breach thereof pay unto them the faid W. D. M. §. W. J. and J. B. or fome or one of them, upon demand, the sum of 5, In witness, &c. An Agreement by Deed- Poll between Tenants in Common, about Ploughing a Common Field, and afcertaining the Quantity of Cattle to be put thereon when fit for pafturing. Ο To all, &c. we whofe hands and feals are hereunto fet fend greeting. Whereas a parcel of pafture ground, called, &c. and Down, ly ing, &c. is part or parcel of the manor of, &c. and belongs to the feve ral lands and tenements in, &c. aforefaid, which are in the feveral pof feffions of us whofe names are hereunder written, by fuch proportions and allotments thereof as were enjoyed or occupied with our faid several lands and tenements by the respective owners thereof about 30 years ago, ago, when the faid down was ploughed and fown with corn and grain; and fince that time the faid down has been used by us in common for feeding fheep, by every of us, after the rate of 50 fheep for every yard-land in, &c. aforefaid, and proportionably for a greater or lefs quantity: Now know ye, that it is agreed between us, That Agreement to from henceforth yearly, fo long as the major part of us fhall think plough adown, fit, the faid down fhall be ploughed and fown with corn and grain, and used and enjoyed for that purpose separately by us, according to our faid former portions and allotments to our faid refpective lands and tenements; and every of us fhall, in the last year of fowing the faid down, fow on his feveral allotment fo much trefoil feed as the ma- Allotments. jor part of us fhall think fit. And it is further agreed between us, Cattle when to that none of us fhall permit or fuffer any cattle to depafture or be kept therebe kept upon the faid down at any time in any year after fuch on or not, and in what pro-, corn fhall be fown in the faid down, until all the corn or grain portion, there growing shall be cut, mowed and carried away; and at fuch times in the year when the faid grounds fhall be convenient for pafturing cattle, then none of us fhall depafture or keep there more or other cattle than according to the proportion of 35 fheep for every yard-land. And it is further agreed, That every of us, ac- Charges of cording to the proportion of his allotment aforefaid, fhall bear and he iges, &c. pay the charges of making and maintaining of fuch hedges as the how to be paid. major part of us fhall think neceffary to be made upon the faid down, and fhall bear fuch proportionable part of all charges, which the major part of us fhall think fit to expend about the enforcing the due performance of the mutual agreements herein contained, and fecuring the enjoyment of the aforefaid portions and allotments of the faid down. And for the true performance of, &c. (A penalty may be added.) In witness, &c. Between two Jointenants, that the Rents of Leafehold Eftates fhall be equally divided, and that no Benefit shall be taken by Survivorship. Articles, &c. Between J. G. of, &c. of the one Part, and R. D. of, &c. of the other Part, viz. И THEREAS, &c. (recital of a leafe from J. W. to A. W. of a mef Recitals of twe fuage, &c. for feven years, at 20l. per ann. and another lease from leases. faid A. W. to J. F. of two chambers and a cellar for five years, at ties hereto. 81. per ann.) And whereas the eftate, right, title, intereft and term Premiffes veftof years to come of him the faid J. W. of, in and to the above ed in the parrecited premiffes, and every part thereof, is lawfully come to and vefted in the above named J. G. and R. D. by force and virtue of one indenture of affignment, bearing date, &c. made by the faid J. W. Affignment. to the faid 7. G. and R. D. as in, &c. And whereas alfo, &c. (Re- Another lease. cital of a leafe from faid J. G. and R. D. to D. D. of one chamber and foop, part of the premiffes firft above recited, for three years, at 141. per ann.) Now thefe prefents witness, and it is hereby agreed, by and be- Covenant that tween the faid parties to thefe prefents, That forafmuch as each of them the rent fhall the parties above named have difburfed and paid equally their fhares of be equally di money and that no benefit fhall be taken by furvivorship. ceive rents without the other; money towards and for the purchafing of the premiffes before men. tioned, that the aforefaid rents of 20l. 81. and 14/. in and by the faid feveral recited leafes referved, fhall be equally divided and fhared between the faid parties to these prefents; And if either of the faid parties to thefe prefents fhall happen to die before the end and expiration of the term and terms of years in the said several indentures of leafe before recited contained, that then and from thenceforth it fhall and may be lawful to and for the executors, &c. of the party deceased, to have, occupy, receive, take and enjoy the full and entire moiety or half part of all the rents, iffues and profits of all and fingular the before recited premiffes, with the appurtenances, in as large and ample manner and form to all intents and purposes as the party fo dying fhould or ought to have done if he were then living; any reftraint, provifion or ftatute No one of the to the contrary notwithstanding: And that neither of the said parparties to re- ties, nor the executors, &c. of them, or either of them, shall or will at any time hereafter take, demand or receive any of the rents above reserved, or make or give any discharge or acquittance of or for the fame, or any part thereof, without the affent and privity of the other party, his executors, &c. firft had and given under their nor fell his hands. Alfo it is further agreed, &c. by and between the faid eftate without parties to these prefents, that neither of the faid parties, nor the the knowledge executors, &c. of them, or either of them, fhall or will at any time or times hereafter grant, bargain, fell, affign, furrender or convey fal to buy the his or their eflate or eftates, right, title, intereft, term of years to come, of, in or to all or any part of the before recited premiffes, to any perfon or perfons whatfoever, without the knowledge of the other par ty, his executors, &c. and his or their refufal to accept a grant, &c. of fuch his or their ellate, &c. he or they paying as much as any other fhall and will give for the fame. And laflly, it is agreed, &c. by, &c. that all and every of the faid deeds and writings before recited shall be and enure, and be reputed, deemed and taken to be and enure to the joint ufe and ufes, benefit and commodity of both the faid parties, their executors, &c. and to no other intent or purpofe what foever; and that keeping them the party fo keeping the faid writing, his, &c. fhall and will, upon the to produce of the others and their refu fame. The writings recited to be for the benefit of both parties, &c. The party them on re quest. reasonable request of the other party, his executors, &c. at all times hereafter, produce and bring forth all and every, or fo many of the faid writings as fhall be required, either for the maintenance of their title to the premiffes, or for the felling and conveying of his and their eftate and intereft of and in the moiety of all or any part of the said recited premifles. In witness, &c. Agreement |