before  they. were  put  to  their  election,  and  hoped  that  the  court
would  thereupon,  first  determine  the  validity  or  invalidity  of  such
leases.
Whereupon  it  was  referred  to  Master  Montagu,  to  look  into
the  several  leases  which  were  made  by  the  Uuke,  to  Edward
Montagu  of  the  settled  estate  which  were  then  subsisting,  and
to  enquire  what  powers  were  vested  in  the  Duke  for  leasing  the
estates,  and  to  state  his  opinion  thereon*

The  master  by  his  report^  stated  that  he  had  enquired  what
powers  were  vested  in  the  Duke,  and  that  the  only  power  which
was  vested  in  him,  was  contained  in  a  settlement  of  Jan.  1704;
in  the  words  following.  "  Provided  also,  that  it  shall  be  lawful
for  the  said  Earl  Montagu,  and  John  the  late  Duke,  as  they
should  be  in  possession  during  their  lives  respectively  by  inden-
ture, under  his,  or  their  respective  hand  or  hands,  and  seal  or
seals,  attested  by  two  or  more  credible  witnesses,  to'  make  any
lease  or  leases  of  all  those  iron  works  and  furnaces,  in  the  City
of  Southampton,  and  of  all  other,  the  lands,  tenements,  woods,
bereditamcnts,  rights,  privileges,  and  other  things,  mentioned  in,
and  agreed  to  be  demised  by  the  Eari,  by  an  indenture  bearing
date  the  29th  Dec.  1 701,  and  certain  deeds  therein  recited  for
such  term  and  terms,  and  under  such  rents,  covenants  and  agree-
ments as  are  therein  agreed  on,  or  to  any.  person  or  persons,

(a)  pide  supra,  p.  476,  488,  50l,5l3,5l4,  515,  519,  420,  521,  53Q,

531,  532.
S  o  a  from


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APPENDIX.
