RepositoryCheshire Record Office
ReferenceDDS 24
TitleIndenture 6-part
Date27 Sep 1766
DescriptionParties: 1. Peter Downes of Shrigley, county of Chester, Esq., 2. John Craven of Southgate, county of Hertford, Esq., 3. Elizabeth Ann Craven of Southgate afsd, spinster, eldest daughter of the sd. John Craven, 4. William Widdens of the city of Chester, Gent., John Cross of the same, Gent., 5. Peter Legh of Lyme, county of Chester, Esq., Philip Egerton of Broxton, county of Chester, Esq., Samuel Glover of Macclesfield, same County, Gent., George Gibbons of Nantwich, same County, Gent., 6. John Tarleton of Liverpoole [Liverpool], county of Lancaster, Esq.

Signed and sealed: P. Downes, John Craven, Elizabeth Ann Craven, W. Widdens, John Cross.

Witnesses of sealing and delivery (endorsed): Thomas Marsh, Saml. Glover junior, clerks to Mr. John Craven, Princes Street, London, Chas. Potts junior, Jon. Maddock, clerks to Messrs Lowe and Widdens, Attornies in Chester.

Marriage Settlement for a marriage between party 1 and party 3. In consideration of the marriage, and of £3,000 which party 2 covenants to pay to party 1 within three months after the marriage as the marriage portion of party 3, and for securing an annuity of £500 by rent charge upon party 1's estate to party 3 for life (v. Uses, infra), party 1 makes conveyances:-

(1) Release in consideration of 5 shillings from party 1 to party 4 of an estate (v.premises (a) infra) leased to them by Indenture of Bargain and sale 26 September 1766 for term of 1 year to the use that party 5 shall under covenant with all the parties hereto bring an action for Common Recovery by Double Voucher under a Writ of Disseisin in le Post issuing from the Court of Exchequer of the County of Chester, at the next Assizes, Session, or Great Session of the County of Chester, against party 4, for premises (a) -- party 4 to vouch party 1 who will vouch the Common Vouchee -- thereafter party 4 will be seised to Uses (v. Uses infra)

(2) Release in consideration of 10 shillings from party 1 to party 5 of an estate (premises (b) infra) leased to them by Bargain and Sale 26 September 1766 for term of 1 year to uses (v.Uses infra). Party 1 covenants also that within two years after the marriage he will pay off a mortgage upon premises (b) for £6,000 made by John Downes of Shrigley [Pott Shrigley], Esq., dcsd (late brother of party 1) to George Warren of Pointon, county of Chester, Esq., now Sir George Warren, K.B., and that the mortgage shall be assigned to Trustees one of whom to be nominated by party 1 the other by party 2 for the better assurance of the Annuity named in the Uses (infra).

Uses:- Concerning premises (a), as from the execution of the proposed Common Recovery, and concerning premises (b), immediately, --- to use of Peter Downes until the marriage takes place, and thereafter of Peter Downes for life (in case of forfeiture, to use of party 5 for term of life of Peter Downes to safeguard the Trust erected), thereafter to use of the widow (party 3) that she may draw an Annuity of £500 per annum for life out of the issues of the estate as Jointure in lieu of Dower, with right of distress for arrears. The portion of the premises (a) and (b) upon which the rent charge is then laid shall be held by party 5 to uses of party 6, who covenant to secure the annuity for term of 400 years determinate upon the death of party 3 or their discharge of such arrears as shall then be outstanding, party 6 having power of attorney for entry and distress.

Endorsed;- A Receipt 13 February 1767 for £3,000 paid by party 2, the marriage portion referred to supra, signed P. Downes, witnessed Samuel Glover junior, Charles Weston junior, clerks to Mr John Craven of Princes Street, London.

Premises:- (a). 2 messuages, 3 gardens, 3 orchards, 80 acres land, 4 acres wood, 70a meadow, 80a pasture, 30a furze and heath, 30a moor, 4a land covered with water, with common rights etc., in Over Alderley and Nether Alderley county of Chester, including a capital messuage in Over Alderley called The Pasture formerly held by Francis Day, Mary Walton widow, and Edward Fitchett, and now by Philip Arderne, and another there called Burgess's Tenement formerly held by Henry Burgess and now by Francis Barton. Party 1 is seised in these in fee tail. (b) all the manor or lordship (or reputed ditto) of Worth county of Chester, with rights and appurtenances, the capital messuage or mansion house in Worth called the Hall of Worth formerly held by Edward Downes Esq., dcsd, (grandfather of party 1), lately by Edward Downes Esq., also dcsd., (father of party 1), and since by John Downes afsd., and now by James Richardson tenant; messuages in Worth called Lower Worth held by James Richardson, Dale's Tenement held by the same, another held by Thomas Worth, Hepley formerly held by Mary Wood widow dcsd., now by William Clayton, another by Peter Gaskell, Pointon Lane Ends held by the heirs of Thomas Clowes dcsd., Nixon's and Brereton's Tenements held by David Shaw, Dog-Hill Green held by Philip Agecroft, another held by the heirs of Samuel Jepson and Richard Jepson dcsd., Wood's o' th' Lane formerly held by Mary Wood of Yorkshire widow, now held by George Priestnall, another held by Thomas Shrigley, Hig Lane held by John Norbury, another held by John Wood, Hockley held by William Clayton; and closes and parcels of land in Worth and Adlington county of Chester, called the Horse-Grasses and Grandmother's Croft, held by Joshua Dicken; a cheif rent of 13s. 4d. per annum from lands in Torkington the inheritance of Peter Legh of Booths, Esq., a cheif rent of 1s. 8d. per annum from Lands in Taxall county of Chester or in Fearny Lee Hamlet county of Derby, late the inheritance of John Shallcross Esq., deceased, a cheif rent of 2s. per annum from Lands in Hurdsfield county of Chester, called Swanscoe Lodge and Swanscoe Park late the inheritance of William Watson Gent., other chief rents of 3s. 8d. per annum from a messuage in Tytherington county of Chester formerly the inheritance of John Hough, AND the manor or lordship (or reputed ditto) of Nether Padley county of Derby, with its rights and appurtenances, messuages in Nether Padley held by James Brightmore, (two, one of which formerly held by John Froggatt), William Oliver, Samuel Oliver, Nicholas Green, a close of land in Nether Padley called The Haugh held by Joseph Oliver, a Mill Stone Delph or Stone Quarry in Nether Padley held by Mr. Watson, AND all other lands etc., of Peter Downes in Worth, Pointon [Poynton], Adlington, Torkington, Whirefield, Hurdsfield, Taxall [Taxal], and Tytherington, county of Chester, and in Nether Padley, Grindleford Hope, and Hathersage, county of Derby.

Mark: (in pencil) Marked in Book D.3. Peter Downes Esqr. and Miss Craven - Marriage Settlement - Dated 27th Sepr 1766.
Physical DescriptionParchment: 7 membranes 32" wide by 27" secured together through turn-up by 7 white tapes, the left-hand three being sealed with one seal, the fourth with two, the other three with none. Seals: Five, en placard on tapes through turn-up, red:- 1. (P. Downes) round, device a stag over the monogram PD. 2. (John Craven) oval, device heraldic, a shield of arms argent, a bar (?sable or gules) between six cross crosslets fitchy (tincture?). 3. (Eliz.Ann Craven) same as 2. 4. (W. Widdens) oval, device heraldic, a shield of arms paly of six argent and gules, on a bend sable three charges indistinct, crest a lion rampant holding an orb in its paws. 5. (John Cross) same as 4. Duty Stamps total 10s. 6d., 1s. 6d. each membrane.
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