| Description | i) William Bendy of Kingswinford, Staffs., Esq.
ii) Edward, Lord Dudley
1. i) will during his natural life obstruct, hinder and prevent anyone from digging, bringing up or making any sough [underground drain], gutter, trench, aquaduct or drain for the draining of any coal delph or towards the getting of any mine or mineral whatsoever on the lands of ii): a garden belonging to the dwelling house of James Seager of Brettell, Kingswinford and the Fold Yards thereto belonging; 2 little closes or parcels of land at Brettell next to Brettell Lane called the Slings, the one next beyond the said house and the other on which the house standeth; 3 pieces of land adjoining called Rough Dennis (11a) in Kingswinford; and 4 closes adjoining called the Smooth Dennis; and the meadow near adjoining the lower end of the lands reaching to Stourbridge Roadway at the west end (3a) in Amblecoate [Amblecote], Oldswinford, all now in the holding of James Seager and rented from i).
2. As far as possible, i) to prevent anyone taking any coals or ironstone through, by or over the lands in the holding of James Seager excepting Edward Henzey and his assigns for the use of his glass house and James Seager (or the inhabitor of the house) for their own use.
3. ii) may dig, raise, sell, etc., all coals and ironstones found on the lands and to dig and sink pits for such and drain, soughs and gutters for that purpose and to make mounts, place engines, etc. With free ingress, egress and regress for all workmen, etc., paying compensation to the occupier of the cottage. Providing that ii) pay to i) the 5th penny or 5th part of sales of coal gotten and a 10th for ironstone. Providing that if ii) within 11 years doesn't begin to work coal and ironstone or if ii) neglects work begun then the power of ii) to cease and then i) may get coals in the land.
4. If ii) shall not think meet to dig and get coals and ironstone then ii) may during i)'s life bring up more soughs, gutters or drains for the draining of colas and ironstone in other lands near or adjoining and to enter upon land above from time to time paying due compensation.
5. i) agrees to obstruct or hunder as far as possible anyone from taking advantage of any such trench, gutter or sough brought up in the said lands. i) may make use of such if ii) thinks it not meet or neglects to make a coalwork or delph in the land.
6. ii) paid to i) £20
7. ii) agrees to make unto i) reasonable payments for damage or loss as owners or occupiers sustain in tillage, herbage or grazing.
8. ii) will yield and pay unto i) the 5th penny for coal and the 10th for ironstone.
Signed, sealed and witnessed.
Endorsed: 'No.47'; paper cover with '5/7' |