Articles of agreement
Articles of agreement were often drawn up in advance of a lease or a conveyance. They set out the conditions that were to be included. They duplicate in many respects the resulting deeds. They also worked as contracts, for example for proposed sales of timber, wood, coal, stone, or other produce. They could also be drawn up as preliminary agreements for marriage settlements, enclosures, exchanges, arbitrations - indeed anything that required agreement between two or more parties.
Articles of agreement usually state in great detail the proposed clauses of the resulting deed, and give a timescale by which the deed should have been executed.
The existence of articles of agreement does not necessarily mean that the transaction was actually carried out!
Purpose
Formal agreement between two or more parties to do something.
Example
Ne D 4188 - Articles of agreement between Roger Watkinson and William Mason for the sale of an estate in Walkeringham from Watkinson to Mason; 1 Apr. 1775
View this deed
The top part of this document is 'A Schedule or particulars of Mr Roger Watkinsons Estate lying within the parish of Walkeringham in the County of Nottingham'. Five closes, a farmhouse and land, two cottage houses, meadow, field land, six Lincroft Gates and twelve Holme Gates are listed with their area (in acres, roods and perches), and their value per acre per year, giving a total valuation of the estate amounting to £73 5/- per year.
Underneath are the 'Articles of Agreement made concluded and agreed upon the first day of Aprill in the Year One thousand Seven hundred and Seventy five Between Roger Watkinson of Gainsbrough in the County of Lincoln Gentleman of the One part, And William Mason of Eaton in the County of Nottingham Esq[uire] of the other part':
Transcription:
First he the said Roger Watkinson for and in Consideration of the Sum of Two thousand three hundred pounds of Lawfull British Money to be paid as hereafter is mentioned, and Interest for the same after the Rate of five pounds for a hundred pounds for a year from the fifth day of this Instant Aprill untill the said Consideration Money shall be paid Doth for himselfe his Heirs Executors and Administrators Covenant promise Grant and Agree to and with the said William Mason his Heirs and Assigns that he the said Roger Watkinson his Heirs or Assigns shall and will at the joint Costs and Charges of the said parties their Heirs or Assigns on or before the Tenth day of October now next ensuing the day of the date hereof make such a Title in the Law and by such Conveyances Assurances Ways and Means as he the said William Mason his Heirs or assigns or his or their Counsel learned in the Law shall reasonably Devise Advise or Require well and sufficiently Grant Sell Release Convey and Assure unto the said William Mason his Heirs and assigns or to whom he or they shall nominate appoint or direct All and Singular the Messuages Cottages Lands Tenements Hereditaments and premises of him the said Roger Watkinson situate lying and being in the said parish of Walkeringham and which are mentioned in the Schedule or particulars of the said Estate herein first above written, free and clear of and from all manner of Incumbrances whatsoever. And the said Roger Watkinson for himselfe his Heirs Executors and Administrators Doth hereby further Covenant promise Grant and Agree with the said William Mason his Heirs and assigns that he the said William Mason his Heirs or assigns or such person as he or they nominate and appoint shall enter upon take and have possession of all and singular the said Messuages Cottages Lands Tenements Hereditaments and premisses and receive to his and their own use and Benefit all and singular the Rents and profits thereof of and from the said fifth day of this Instant Aprill And the said William Mason for himselfe his Heirs and assigns Doth hereby Covenant promise and Agree with the said Roger Watkinson that he the said William Mason his Heirs or Assigns shall and will well and truly pay or cause to be paid unto the said Roger Watkinson his Heirs Executors or Administrators the abovementioned Sum of Two thousand three hundred pounds on the said Tenth day of October next if the said Conveyances shall then be Executed and Interest for the same from the said fifth day of Aprill to the said time of payment as abovementioned. And he the said Roger Watkinson Doth hereby further covenant promise and agree with the said William Mason his Heirs and assigns that if the Measure of all or any part of the said Messuages Cottages Lands Tenements Hereditaments and premisses shall be found deficient or wanting or what is mentioned or set forth in the above Schedule or particulars then and in such Case that he the said Roger Watkinson his Heirs Executors or Administrators shall and will deduct and abate in price for such deficiency after the Rate of Thirty three Years purchase according to the Value in the said Schedule particularly Specified. And the said William Mason Doth hereby also Covenant promise and Agree with the said Roger Watkinson his Heirs Executors and Administrators that if the Measure of the said Lands shall exceed what is mentioned in the said Schedule or particulars that he the said William Mason his Heirs or assigns shall and will pay to the said Roger Watkinson his Heirs Executors of Administrators for such Additional Measure after the Rate aforesaid. In Witness whereof the parties above named have to these presents interchangeably set their hands and Seals the day and Year first above Written.
[Signatures of]
Rogr Watkinson
W. Mason
Sealed and delivered being first Lawfully Stampt in the presence of us
Jno. Watkinson
John Booth
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