| Description | 1. Henry English, Fulham, Middx., Esq., and Luce, his wife. 2. Geoffry Hull, Upton, yeoman. Recites: treaty between the parties concerning an exchange to be made of certain freehold lands, lotgrasse and cow common which 2. hath in the common fields of Upton for certain lands which Henry English has agreed to convey to 2. and his heirs. It is agreed as follows: (i) that Henry English shall cause all persons having any interest in lands to be exchanged to 2. to make good and perfect assurance thereof before 2 Feb. next and upon said assurance, 2. and Eliz., his wife, shall convey the said freehold lands to Henry E. and heirs. (ii) Recites about 6 as. of the said lands belonging to the feofees of Stretham, Cambs. Henry English covenants with 2. that before 2. Feb. next he will procure a decree to be passed in the High Court of Chancery wherein the feofees of Stretham Shall be parties and shall be decreed to convey to 2. so much of the lands so set out in exchange as belong to them. (iii) Henry English undertakes to procure - Stringer, Esq., who hath some part of the premises, to join in assuring the same to 2. (iv) Henry English shall allow 2. to enter on the lands to be conveyed to him and to take all the rents, issues, and profits from now. And shall covenant himself and his heirs to make a perfect assurance of the premises to 2., and 2. to do the same in the conveyance from him to Henry English. (v) Henry English at his own charge before next Candlemas to divide and enclose the lands so to be set out to 2., by a good ditch to be set with quick ina husbandly manner; and Henry E. forever to maintain all the fences except those at one end by the Brooke next the Weston Field on the S.W., which 2., after it is ditched and set with quick by Henry E. is to maintain. (vi) That Henry E. is to bear all the costs and shall procure the said Luce, his wife, to join in the same if it is required; and 2. agrees that as soon as the said assurances shall be completely executed that 2., and Eliz. his wife, will convey to Henry E. and heirs, all his freehold lands in Upton, at the cost of Henry E. (vii) If said assurances cannot be completed by the time aforesaid it is agreed that so long as 2. may lawfully receive the profits of the lands so set out to him Henry E. may enjoy all the lands so to be given in exchange. (viii) Agreement that 2. shall enter on his premises at Michaelmas next and enjoy his cow common until Martlemas next and no longer, and that he shall keep his sheep in the fields until Mich.mas 1669 and 2. may in a husbandly manner sow with peas all such lands part of the said lands due to be given in exchange as are now sown with wheat or barley and may reap the crop, and Henry E. may do the same, and 2., to pay the Lord such rent as he has formerly paid for his ancient freehold lands. |