Mercers’ Proportion

Folio C6v (change)

beh ind and unpaid by the space of fifty days next after any of the said feasts or days of payment aforesaid and the said Thomas Hudson or his assigns shall at his or their proper costs and charges within ffive yeares now next coming erect and build an d fully finish uppon the premises one sufficient and substantiall house of timber stone or brick after the manner of an E nglish house two storyes highe att the least and conteining sixe roomes att the l east and the said Thomas Hudson his executors administrators or assignes or some o ther able and sufficient ten[a]nt with his family shall from time to time during the residue of the said terme of yeares after the house soe builded be resident and in habitant in and upon the aforesaid p[re]misses and shall during the said terme grind a t his Majesty’s mill called Swatragh mill within the said late Mannor of Mercers or P roportion of land called the Mercers’ Proportion all his and their mault corne and graine which he or they shall expend or use upon the premises or being ground shall sell to any person or persons and pay for grinding thereof to the Miller of the said mill for the tyme be ing the sixteenth part of all the said malt corne and graine and shall doe suite att the Co urt baron to be holden for such Mannor as his ma[ies]tie shall erect upon or within the said Proportion from three weekes to three weekes if the same shal[l] be soe often held and sh all keepe susteyne and mainteyne the aforesaid messuage and all other the aforesaid buildings in good and sufficient reparac[i]ons and yearly during the said terme shall make Twenty p[er]ches of good fence with dike and double quicksett and stone in and uppon the aforesaid p[re]misses for inclosing the same and divideing the same into severall parcells and the same being soe made and all other the hedges ditches and inclosures uppon or belonging to the aforesaid p[re]misses shall keepe and mainteine well and sufficiently fenced ditched inclosed and quicksetted during the said terme and shall yearly during the said terme sett and plant uppon some part of the aforesaid p[re]misses three young trees of oake or ashe fitt or likely to grow to be timber trees and the same or others to be sett and planted in the roomes and steeds of such of them as shall happen to dye shall mainteine p[re]serve and keepe from hurt and spoile during the said terme and shall at his and their propper costs and chardges during the said terme have and keepe in readines in the aforesaid messuage for the service of his ma[ies]tie his heires and successors two musketts furnished in such manner as the same shall and may be allowed by the mustermaster of the said late county for the tyme being and that uppon reasonable request there shal[l] be allowed and sett out unto the said Thomas Hudson or his assignes from time to time during the said terme by the Woodward or other officer of his ma[ies]tie his heires and successors rough timber for building and repairing the aforesaid house and houseboot and allsoe other wood for ploughboote and cartboote in convenient places within the p[re]misses to be spent uppon the p[re]misses and not elsewhere and that the said Thomas Hudson and his assignes shall and may from tyme to tyme during the said terme have and take fireboot and hedgeboot to be taken in and uppon the thornes bushes shreadings and lopps of trees and underwoods growing upon the p[re]misses if the same be there to be had the same to be spent upon the premisses and not otherwise and that his ma[ies]tie wil[l] be gratiously pleased to ratifie and confirme this agreement by his L[ett]res patents under the great Seale of England and that the said Thomas Hudson shall coven[a]nt and grant thereby for him his heires executors administrators and assignes to performe what is hereby agreed on his p[ar]te In witnes whereof the said Commissioners and the said Thomas Hudson have putt to their hands the day and yeare abovewritten:

Raphe Whitfeld Tho[mas] ffotherley 1639 Thomas Hudson

Thre e trees Two M uskets

behind and unpaid by the space of fifty days next after any of the said feasts or days of payment aforesaid, and the said Thomas Hudson or his assigns shall, at his or their proper costs and charges within five years now next coming, erect and build and fully finish upon the premises one sufficient and substantial house of timber, stone, or brick after the manner of an English house two stories high at the least and containing six rooms at the least, and the said Thomas Hudson, his executors, administrators, or assigns, or some other able and sufficient tenant with his family shall, from time to time during the residue of the said term of years after the house so builded, be resident and inhabitant in and upon the aforesaid premises and shall, during the said term, grind at his Majesty’s mill called Swatragh mill within the said late Manor of Mercers or Proportion of land called the Mercers’ Proportion, all his and their malt, corn, and grain which he or they shall expend or use upon the premises, or being ground shall sell to any person or persons and pay for grinding thereof to the Miller of the said mill, for the time being the sixteenth part of all the said malt, corn, and grain, and shall do suit at the court baron to be holden for such manor as his Majesty shall erect upon or within the said Proportion from three weeks to three weeks if the same shall be so often held, and shall keep, sustain, and maintain the aforesaid messuage and all other the aforesaid buildings in good and sufficient reparations, and yearly during the said term shall make twenty perches of good fence with dikes and double quicksett and stone in and upon the aforesaid premises for enclosing the same and dividing the same into several parcels, and the same being so made and all other the hedges, ditches, and enclosures upon or belonging to the aforesaid premises, shall keep and maintain well and sufficiently fenced, ditched, enclosed, and quicksetted during the said term, and shall yearly during the said term set and plant upon some part of the aforesaid premises three young trees of oak or ash fit or likely to grow to be timber trees, and the same or others to be set and planted in the rooms and steads of such of them as shall happen to die, shall maintain, preserve, and keep from hurt and spoil during the said term and shall, at his and their proper costs and charges during the said term, have and keep in readiness in the aforesaid messuage, for the service of his Majesty, his heirs and successors two muskets furnished in such manner as the same shall and may be allowed by the Muster Master of the said late county for the time being, and that upon reasonable request there shall be allowed and set out unto the said Thomas Hudson or his assigns, from time to time during the said term by the Woodward or other Officer of his Majesty, his heirs and successors rough timber for building and repairing the aforesaid house, and houseboot, and also other wood for ploughboot and cartboot in convenient places within the premises, to be spent upon the premises and not elsewhere, and that the said Thomas Hudson and his assigns shall and may, from time to time during the said term, have and take fireboot and hedgeboot to be taken in and upon the thornbushes, shreddings, and lops of trees and underwood growing upon the premises if the same be there to be had, the same to be spent upon the premises and not otherwise, and that his Majesty will be graciously pleased to ratify and confirm this agreement by his letters patent under the Great Seal of England, and that the said Thomas Hudson shall covenant and grant thereby for him, his heirs, executors, administrators, and assigns to perform what is hereby agreed on his part. In witness whereof the said commissioners and the said Thomas Hudson have put to their hands the day and yeare abovewritten:

Raphe Whitfeld Thomas Fotherley 1639 Thomas Hudson

three trees two muskets