APPENDIX. 21 



and every or any part thereof, to work and dig for the faid coals, mines, minerals, and 

 quarries of ftone, beds of fand, gravel, marl, orclay r and to fell and difpofe of whatever may 

 be there found at hisand their refpedive wills and pleafures. AND ALSO to erecl fire-engines, 

 and to make waggon-ways, and to ufeall other inventions of what nature or kind foever, for 

 the winning, working, leading, carrying away, felling and difpofing of the fame. And alfo, 

 except out of this prefent grant and demife, and always referved unto the faid Andrew Atkins, 

 his heirs and afligns, all liberties of hawking, hunting, fiming, fowling, and (hooting, and alfo 

 all fifh, wild-fowl, hares, partridges, pheafants, and other game, waifs, eftrays y goods and 

 chattels of felons and fugitives, and felons of themfelves, deodands, treafure-trove, and all 

 other royalties, cafual profits and fianchifes whatsoever, at anytime or times happening or 

 being, or to be ufed or exercifed upon the fame premifes. To HAVE ANI&amp;gt; TO HOLD the faid 1 

 mefluage or tenement, and all and fingular other the premifes hereby demifed and granted, or 

 intended fo to be, with the appurtenances, (except as before is exceptecl) unto the faid Bartho 

 lomew Bell, his executors, adminiftrators and afligns, immediately from the day of 



nowlaft paft, for and during the full end and term of ninety-nine years, if he the faid Bar- 

 tholomew Bell (hall fo long live, yielding and paying therefore, yearly and every year, for and 

 during the continuance of the faid term, unto the did Andrew Atkins, his heirs and afligns, 

 the rent or fum of of lawful money of Great Britain, at two half-yearly pay 

 ments, (that is to fay,) on the feafts of the Annunciation of the Bleffed Virgin Mary, and 

 Saint Michael the Archangel, by even and equal portions in every year, the firft payment 

 thereof to be made on the tea ft day of the Annunciation of the Bleffed Virgin Mary, now 

 next enfuing, and alfo YIELDING AND PAYING unto the faid Andrew Atkins, his heirs and 

 afligns, immediately and after the death and every aflignment, furrender and forfeiture of the 

 faid Bartholomew Bell, andfo likewife of all and every other perfons for the time being, who 

 Ihall be tenant or tenants of the faid premifes, or any part thereof, by virtue of thefe prefents, 



the fum of jT. for and in the name of an heriot or farlieu ; and alfo YIE LOT-NO AND 



PAYING, yearly and every year, during the faid term, hereby granted unto the faid Andrew 

 Atkins, his heirs and afligns, the fum of . , of like money for every acre of mea 

 dow or pafture land, part of the premifes, that has not been tilled, ploughed or broken up, 

 within the fpace of years before the day of the date of thefe prefents, which the faid Bar 

 tholomew Bell, hisexecutors, adminiftrators- or afligns,, (hall plough, break up, or convert 

 into tillage, or caufe orfuffer to be ploughed, broken up, or converted into tillage, and fo .in 

 proportion for any greater or lefs quantity of land than an acre,* the faid laft-mentioned rent 

 to be paid on the feaft of St. Michael the archangel, in every year, without making any de- 



* It was formerly, and is indeed, by fome, dill the practice to fecure againft the conversion of meadow 

 and pafture into arable land, by the reservation of a fum in the nature of a penalty ; but there is a 

 diftincTion to be obferved whether the penalty is in the nature of a punifliment for default, or whether 

 it is a part of the agreement : thus if there be a covenant not to plough up meadow or palture land undep 

 a penalty of , per acre per annum, or th? like, there the penalty is by way of puntlK.ment, and 



