Made by Robert Waterhouse the elder of Halifax.
Recitals The 3 leases of the Old Mill in Halifax, to Robert Waterhouse from the Prior of the monastery at Lewes (ratified under the Brode Seal of England, after the dissolution of the monastery); first lease dated 28 April 1534 for 99 years, second 25 Aug. 1535 for 99 years from 1634, third 31 Aug. 1535 for 99 years from 1733
Also reciting that 3 new corn mills had been built bear the old Mill.
Consideration:
natural love and fatherly favour to John Waterhouse of Shipden and Robert his son, and in consideration of covenants made with Nicholas Tempest on the marriage of Gregory Waterhouse (Robert's youngest son) with Margaret Tempest.
Testatum:
Robert Waterhouse the elder gives and grants out of the said 4 corn mills one stroke multure wheate bye stricke and 3 strokes ground multure malte upheaped every week on Friday about 1 o'clock, and 4 quarters multure rye by stricke every week between the feasts of St. Michael the archangel and Christmas, to be levied by the millers, (such grant to take effect from the death of the said Robert Waterhouse the elder) to the said John Waterhouse of Shipden and Robert his son and their heirs male, with remainders to Thomas, Samuel, Philip, Stephen, John and David (other sons of John Waterhouse) successively in Tail male and in default of male issue to Gregory Waterhouse of Sydoll, youngest son of settlor in tail male; and if default be made in delivery of the said grain 6s. 8d. to be forfeited to the said John and Robert for each default, and in default of payment John and Robert to be at liberty to enter into possession of the Old Mill and appropriate the profits to themselves (with several provisoes)
And moreover, Robert Waterhouse the elder grants to Gregory Waterhouse of Sydoll his youngest son and Nicholas (son of Gregory) the said Old Corn Mill in Halifax and the 3 New Mills lately built with all his interest in the leases and other deeds, after his decease, in tail male, with remainders to Robert, Jonas and Lewes Waterhouse (the younger sons of Gregory) successively in tail male, with remainders to Robert, Jonas and Lewes Waterhouse (the younger sons of Gregory) successively in tail male, but paying £100 to any female issue of the said Nicholas, with divers other remainders over. And morever, whereas the said Robert Waterhouse the elder held, according to the customs of the manor of Halifax, Wakefield and Brighouse by copy of Court Roll, a corn mill 2 kilnes and garden adjoining, and other lands and houses (described) which he had surrendered to trustees (named) to the use of Gregory and Nicholas Waterhouse in Tail male with remainders over: and also held a corn mill near Burybridge in Sowthorome whereof the goit runs through a close called Brodynge, a fulling mill called the New Mill near Brokeroydes, 2 fulling mills called Sydoll mills Halifax and Shipden brooks and 16 acres of land covered with water, in Southowram, Halifax and Skircoat, all which premises he had by deed (30 April 1555) from John, George and Gregory Waterhouse his sons, and of which he had (by deed of even date) enfeoffed trustees (Robert Bothes John Smythe of Lightclif, Robert Bothes of Mixenden, and John Mawde of Trymyngham) to his own use for life, remainder to Gregory and Nicholas with remainders over, it was the intent of the said Robert Waterhouse the elder that all the mills in Halifax and Southowram with their appurtenances should not be separated but that the leasehold copyhold and freehold lands should remain together.
Makes mention of other lands given by Robert Waterhouse the elder to his 3 sons on marriage and an agreement that though he had given to John since his marriage the lease of the manor of Halifax, yet John of Shipden and Gregory of Sydoll should share the amerciaments and profits of Court between them.
Sealed subscribed and delivered in the presence of George Boithes of Boithes, John Haldisworthe of Asday, John Waterhouse of the Brodyath, Robert Boithes eldest son of George, John Mychell of Halifax, Gilbert Otes Edward Furnes Thomas Waterhouse (son of John aforesaid) Richard Harrison of Halifax, John Mawde of Trymyngham, John Hardy of Halifax the younger, Samuel Waterhouse (brother of Thomas) John Barstowe servant to said John Waterhouse of Shipden, Edmund Furnes of Halifax, Robert Brighous, John Hochonson, Edward Kent of Halifax and John Hemyngway of Brea.
4 seal tags, 3 seals, red wax - R W; I W; a device.