Deed: Sam'l Carpenter to Henry Baker, 1698: Bucks County File contributed for use in USGenWeb Archives by Robert Derber. bob@derber.com USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material.These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. BUCKS CO., PA, DEED BOOK B-1, PP. 199-203. Sam'l Carpenter to Henry Baker, 1698 This indenture made third day of the seventh month anno Domi one thousand six hundred ninety eight between Samuel Carpenter of Philadelphia in the province of Pennsylvania merchant of he one part and Henry Baker of the county of Bucks and province of Pennsylvania aforesaid yeoman of the other part Whereas there are certain tracts or lots of land lying and being in Buckingham in the aforesaid county of Bucks (that is to say) Twenty five acres of land lying between the lands of Thomas Brock and Thomas Yardley and fronting the Kings road that leads from Buckingham toward Philadelphia which twenty five acres of land Francis Russell late of Buckingham aforesaid deceased in his lifetime purchased to him and his heirs from William Penn proprietarie and governor of the aforsaid province And also a certain parcel of meadow land which the said Francis Russell in his lifetime purchased from John Otter for a mill pond and was confirmed to the said Russill and his heirs by deed poll dated under the hand and seal of the said Otter the twentieth day of the ninth month one thousand six hundred eighty nine for the consideration therein mentioned As also two acres of land which the said Russill in his lifetime purchased from Joseph English and was confirmed to the said Russill and his heirs by deed poll dated the tenth day of the ninth month one thousand six eighty three under the hand and seal of the said English for the considerations therein mentioned whose limits and boundaries of the said two acres --- and be laid out according to an agreement made between the said Francis Russill of the one part and Thomas Brock who purchased the remaining part of the said English his land on the other part dated the seventh day of the eighth month one thousand six hundred ninety two upon which two acres of land last mentioned there are three great mills erected which said several lots of land with the mills he the said Samuel Carpenter held in partnership with the said Francis Russill during his life as may appear by articles of agreement made and sealed between the said Francis Russill of the one part and the said Samuel Carpenter on the other part dated the 20th day of the fifth month 1692 And the said Francis Russill being seized of the aforesaid premises in partnership which the said Samuel Carpenter did make his last will and testament in writing which a codicil thereto annexed both dated under his hand and seal the fifth day of the eight month hoe thousand six hundred ninety four by which will and codicil he the said Francis Russill did give devise and bequeath all the before mentioned lots of land mills and other premises with the privileges thereunto belonging to the said Samuel Carpenter his heirs and assigns forever and did appoint said Samuel Carpenter sole executor, the said will or which will was proved before William Markham Lieut Governor of the aforesaid province the first day of the eleventh month one thousand six hundred ninety four and recorded in the registers office at Philadelphia aforesaid And whereas the said Samuel Carpenter also purchased from John Otter aforesaid two hundred acres of land the aforesaid meadow land purchased for a mill pool or pond being included which said tract of land begins at a corner post standing by the side of a certain run of water called mill creek thence west by William Sandfords land ninety six perches thence north by a line of trees one hundred and four perches thence east fifty four perches thence east and by north eighteen perches thence east north east twenty eight perches thence northeast and by north by the same land thence north east thirty perches to a corner post standing by the said run of water thence down the several courses thereof to the place of beginning lying and being in Buckingham aforesaid which said tract of land was confirmed to said Samuel Carpenter and his heirs by deed poll dated the twentieth day of the second month one thousand six hundred ninety four under the hand and seal of the said John Otter As also he the said Samuel Carpenter purchased from Thomas Brock aforesaid one parcel of land containing about eight acres including the two acres of aforementioned (to be purchased from the aforesaid John English by the aforesaid Francis Russill) beginning at a tree standing near the mill creek side thence north fifty two degrees east thirty perches to a stump of a tree thence north and by east sixteen perches to a post by the side of the mill pond thence north sixty seven degrees west twenty one perches to the ditch that carries the water between the mill ponds thence north thirty degrees west upon the bank of the ditch on the north east side thereof to the line that divides the lands of the said Thomas Brock from the other aforementioned twenty five acres formerly granted to Francis Russill by the proprietarie thence south and by west forty one perches to the site of the mill dam thence north forty five degrees west eight perches thence south fifty two degrees west by the ditch below the said dam seventeen perches thence south forty five degrees east twenty six perches to the aforementioned creek side thence by the courses of the said creek and so to the first mentioned station which said tract of land be it more or less he the said Thomas Brock confirmed to the said Samuel Carpenter and his heirs by deed poll dated the fifth day of the sixth month last past for the consideration therein mentioned (except and always reserving to the said Thomas Brock his heirs and assigns forever a way to cart and carry fetch and drive pass and repass into and out of his other lands upon th bank of the creek over the forebay or mill race which passage over the same is to be made maintained and kept in repair by the said Samuel Carpenter his heirs and assigns forever As also he the said Samuel Carpenter purchased from John Town one half of land lying in Buckingham aforesaid beginning at a tree being the tree mentioned in the last above mentioned lot of land and the first station thereof thence by the said lot to a stake fixed on the southerly side of the mill street thence by the said street side sixty three feet to a stake thence south fifty degrees west to a stake by the said of mill creek thence by the courses of the sd creek and so to the first mentioned tree which said lot of land be it more or less was granted to the said Samuel Carpenter in fee by deed poll dated under the hand and seal of the said John Town the ninth day of the first month 1696/7 for the consideration therein mentioned As also he the said Samuel Carpenter purchased from Peter White and his wife Elizabeth several lots of land lying in Buckingham aforesaid beginning at a stake fixed by the side of the river Delaware in the very middle of the front of the said Whites land being his middle lot in sd town thence by the courses of the river down to Market street thence by the said strict crossing Radcliff street Center street and a lot of four rods wide belonging to Phineas Pemberton to Wood street thence along Wood street to a stake fixed in the middle of the said White lot thence by a direct line crossing the aforesaid streets and lot to the first mentioned stake containing about three acres and a half be it more or less which said lot of land were granted and confirmed to the said Samuel Carpenter in fee by deed poll dated under the hands and seals of the said Peter White and Elizabeth his wife the sixteenth day of the fourth month one thousand six hundred ninety six for the consideration therein mentioned Now this indenture witnesseth that the said Samuel Carpenter for and in consideration of the sum of four hundred and fifty pounds current silver money of the aforesaid province to him in hand paid by the aforesaid Henry Baker the receipt whereof he the said Samuel Carpenter doeth hereby acknowledge and thereof and of his heirs executors administrators and assigns forever by these presents he the said Samuel Carpenter hath given granted devised bargained sold released enfeoffed and confirmed and by these presents doth fully freely clearly and absolutely give grant alien bargain sell release enfeoff and confirm unto he the said Henry Baker his heirs and assigns forever the full moity of half part of the before mentioned lots pieces or parcells of land as also the moiety or half part of the aforesaid mills & the mill house mill races ways waters watercourses mill pools or ponds as also one half part of all the utensils and implements belonging to the said mills as also one moiety of all the messuages tenements barns buildings stables orchards gardens liberties privileges and improvements profits commodities advantages and appurtenances whatsoever to the said moiety or half part of the said lots pieces and parcels of land mill houses races ways waters watercourses ponds pools buildings orchards gardens and ll other the premises with their and every of their appurtenances belonging or in any wise appertaining To have and to hold the said moiety of the said lots pieces and parcels of land mills buildings liberties profits privileges advantages and all and way other the premises with their appurtenances to the said Henry Baker his heirs and assigns forever to the use and behoof of him the said Henry Baker his heirs and assigns forever under the yearly rents due or to become for the same to the proprietarie of the aforesaid province his heirs or successors And the said Samuel Carpenter for himself his heirs executors administrators and assigns doth covenant promise and grant to and with the said Henry Baker his heirs executors administrators and assigns by these presents that the said moiety or half part of the said lots pieces or parcels of land and of the said houses mills buildings and other the premises hereby granted or intended to be granted to the said Henry Baker his heirs and assigns is all and forever shall be acquitted and forever discharged or otherwise well and sufficiently saved harmless warranted and defended of and from all manner of incumbrances had made or done by him the said Samuel Carpenter and all others claiming by from or under him And that he the said Samuel Carpenter his heirs executors administrators of assigns or some of them shall from time to time and at all times forever hereafter pay and discharge the moiety or half part of the repairations and other charges incident to the working the said mill and to the repairing and the upholding of the said houses buildings utensils mills dams watercourses mill race thereto belonging as also to the making maintaining and repairing of ways roads and paying all taxes that shall or may be lawfully laid upon the same And that he the said Henry Baker shall have the management of the said mills dureing his natural life and the benefit of the housing upon the premises to dwell in with out being accountable for any rent for the same for which said management he shall have and take to himself one third of all the toll or mulcture corn that shall be ground at the said mills during the said tenure of his life Provided he the said Henry Baker during the said time of his attendance to keep the coggs and rounds in repair find candles and grease for the mills and perform the part of a skillful and faithful milllner or provide one and suitable assistance at his own proper cost and charges as also to sharpen the mill picks at his own charge And if it shall happen that the said Samuel Carpenter shall survive or outlive the said Samuel Baker that the benefits and profits of the aforesaid moiety of the land mill houses and all other the premises thereby granted or intended to be granted with the appurtenances thereto belonging or in any wise appertaining or that hereafter may thereto appertain or belong shall be to the proper use and uses of him the said Henry Baker his heirs executors administrators or assigns & that no advantage or benefit shall be received or taken by the said Samuel Carpenter or by any under him for or by reason of his survivorship And further that neither he the said Samuel Carpenter his heirs executors administrators or assigns or any nor any other through his or their means privitie procurement or consent shall in anywise hereafter debar or hinder the said Henry Baker his heirs executors administrators or assign from letting selling or conveying of his share right and interest in and to the said moiety of land mill s and other the premises hereby granted or intended so to be or any part thereof but if the said Samuel Carpenter his heirs or assigns be at any time minded to set or sell his said share in the lands mils and premises aforesaid not hereby granted that then the said Henry Baker his heirs or assigns shall have the first refusal thereof paying as much as any other will really give for the same And the said Henry Baker for himself his heirs executors administrators and assigns doth hereby covenant promise and grant to and with the said Samuel Carpenter his heirs executors administrators and assigns that they will be accountable unto the said Samuel Carpenter his heirs executors administrators or assigns for the earnings and profits of the said mills on the first day of the first month yearly during the time that he the said Henry Baker his heirs or assigns or any under them shall have the management of the said mills and that he or they at the same time will pay or cause to be paid to the said Samuel Carpenter his heirs executors administrators or assigns the moiety or half part of the net proceeds or clear profits of the earnings of the said mills And that _______ he the said Henry Baker his heirs executors administrators or assigns or nor any other through his or their means privitie procurement or consent shall in any wise hereafter debar prevent or hinder the said Samuel Carpenter his heirs executors administrators or assigns from letting selling or conveying of his shares right and interest in and to the said moiety of lands mills and other the premises not hereby granted or any part thereof but if the said Henry Baker his heirs or assigns be at any time minded to lett or sell his said share in the land mills and premises hereby granted that then the said Samuel Carpenter his heirs or assigns shall have the first refusal thereof paying as much as any other will really give for the same And that he the said Henry Baker his heirs executors administrators or assigns or some of them shall from time to time and at all times forever hereafter pay allow & discharge the moiety or half part of the reparations and other charges incident to the working the said mils and to the repairing and upholding the said houses buildings utensils mill dams water courses mill races thereto belonging as also to the making maintaining and repairing of ways roads and paying of taxes that shall or may be lawfully laid upon the same And if it shall happen that he the said Henry Baker shall survivor or outlive the said Samuel Carpenter that the benefits and profits of the aforesaid moiety of the lands and mills houses and all other the premises not hereby granted with the appurtenances thereto belonging or in any wise appertaining or that hereafter may thereto appertain or belong shall be to the proper use and uses of him the said Samuel Carpenter his heirs executors administrators or assigns in common or in severaltie and in the like manner as if he had been alive and that no advantage or benefit shall be received or taken by the said Henry Baker or by any under him for or by reason of his survivorship In witness whereof the said parties to these present indentures their hands and seals have hereunto interchangeably put the day and year first above written 1698 Samuel Carpenter (seal) Sealed and delivered in the presence of us Abraham Hardman Henry Mallowes Sarah Gow Received from Henry Baker the sum of four hundred and fifty pounds being in full of the within mentioned consideration money In witness whereof have hereunto set my hand and seal the third day of the seventh month anno Domi one thousand six hundred ninety eight 1698 Samuel Carpenter (seal) Sealed and delivered in the presence of Abra Hardman Henry Mallowes Sarah Gow Bucks ss (the place of the county seal) The 14th 7/mo 1698 the within indenture was by me attorney to the within named Samuel Carpenter delivered unto the within named Henry Baker in open court Certified under my hand and county seal Phineas Pemberton Co Com Bucks ss (the place of the county seal) The counter part of the above indenture was delivered in open court as may appear by the following certificate - The within written being the counter part of an indenture whereby Samuel Carpenter within mentioned hath granted to the within named Henry Baker sundry lots and parcels of land in Buckingham in the aforesaid county with the mils and houses thereto was delivered unto me attorney unto said Samuel Carpenter by the within named Henry Baker in open court the 14th day of the 7th month 1698 Certified under my hand and county seal Phineas Pemberton Co Com Recorded the 17th day of the 10/mo 1698 Know all men by these presents that I Samuel Carpenter of Philadelphia merchant have constituted and by these presents authorize and appoint my friend Phineas Pemberton to be my attorney to deliver one indenture of conveyance of sundry lots pieces and parcels of land having thereon three grist mills and other buildings in fee unto Henry Baker of Bucks county or to his attorney according to law which indenture bears equal date these presents and the said land is situate in Buckingham in the same county of Bucks as also I do authorize my said attorney for me & on my behalf to receive in the said court the counter part of the said indenture from the said Henry Baker or his attorney in witness whereof I have hereunto put my hand and seal the third day of the seventh month 1698 Sam Carpenter Sealed and delivered in the presence of us Abra Hardiman Henry Mallowes Recorded the 17th day 10th month 1698 NOTES The entry of the document for the session of the "14th day of the 7th month, 1698," in Colonial Society, BUCKS CO. COURTS, p. 355: A Deed or Indenture of the moiety of Sundry Lots and parcels of Land mils and buildings premises and appurtenances therein mentioned in fee Dated the 3 day of the 7th month 1698 was Delivered by Phineas Pemberton Attorney to Samuel Carpenter grantor unto Henry Baker grantee The Counter part thereof was Likewise delivered by the aforesaid Henry Baker unto the aforeÉaid Phineas Pemberton for the use of the aforesaid Samuel Carpenter