159 Indenture between Harvard College and William Payne
This Indenture made the fourteenth day of April Anno Domini 1710 and in the Ninth Year of the reign of our Sovereign Lady Anne Queen of Great Britain and between John Leverett Gentleman President and the Fellows for the time being of Harvard College in Cambridge within the County of Middlesex in her Majestys Province of the Massachusetts Bay in New England of the one part, and William Payne of Boston in the County of Suffolk within the said province Gentleman of the other part Witnesseth that the said John Leverett President and Fellows of the said Harvard College for and in consideration of the Rents and Covenants hereafter mentioned to be paid and performed by the said William Payne his Executors Administrators and Assigns, as also for sundry other good causes and considerations Have demised, granted and to farm letten and by these presents Do demise grant and to farm lett unto the said William Payne his Executors Administrators and Assigns All that their Messuage or Tenement and land thereto belonging in the present Occupation of Susanna Russell being situate in Boston aforesaid, and butting and bounded Westerly in the front by Corn hill where it mesures thirty one foot and a half, easterly in the Reare by pudding lane where it mesures twenty four foot Northerly by houseing and land of John Campbell and Southerly by houseing and lands of Enock Greenleafe and the late Thomas Ofield, extending in depth on each side from front to reare about One hundred thirty five foot, or however otherwise butting and bounded and mesuring a little more or less, Together with all the houseing, edifices, buildings and fences, commodities and appurtenances to the said hereby demised messuage or tenement land and premisses in any wise belonging. To have and to hold the said Messuage or Tenement, land and premisses with the appurtenances and every part and parcel thereof unto the said William Payne his Executors Administrators Assigns from the five and twentieth day of March in this present year of our Lord One thousand seven hundred and ten unto the full end and term of Ninety nine years thence next ensueing. The said William Payne his Executors Administrators or Assigns Yielding and paying therefore unto the said John Leverett President and Fellows of the said Harvard College or to the Treasurer thereof and their successors the full rent or summe of Twelve pounds currant mony within the said province per Annum by two equal portions, that is to say, six pounds thereof on or before the nine and twentieth day of September and six pound more thereof on or before the five and twentieth day of March yearly and every year during the said term. And if it shall so happen, that the said yearly rent be unpaid in whole or in part by the space of thirty dayes next after any of said dayes whereon it ought to be paid as aforesaid, being lawfully demanded, that then it shall be lawfull for the said President and Fellows or Treasurer of the said College or their successors into the said hereby demised messuage or Tenement, land and premisses with the appurtenances wholly to reenter, and the same to enjoy as in their former right and estate, and thence the said William Payne his Executors Administrators and Assigns to eject any thing herein before specified Notwithstanding. And the said William Payne for himself his Executors Administrators and Assigns dos hereby Covenant and grant to and with the said President and Fellows of Harvard College and their successors in manner following, that is to say, that the said William Payne his Executors Administrators and Assigns shall and will at all times during this present lease bear, pay and discharge all manner of rates or taxes which the abovedemised Messuage or Tenement land and premises shall or may be charged with or liable to pay during said term, and thereof wholly acquit and discharge the said President and Fellows and their successors without their reimbursing any part thereof, and that they shall and will at their proper cost and charge during this present lease sufficiently repair, amend and maintain the said Messuage or Tenement land and premisses and buildings which shall be erected thereon and every part thereof with all manner of necessary reparations, and the same so well and sufficiently repared and amended shall leave and deliver up unto the said President and Fellows or their successors at the end of said term or other sooner determination of said present Lease. And Further, that if it shall so happen, that the said William Payne shall want or fail of heirs of his body begotten or to be begotten before the expiration of the said term, that then the Estate of the said William Payne his Executors Administrators and Assigns in the said hereby demised Messuage or Tenement land and premisses with the appurtenances and every part thereof shall wholly cease, and then and thence forth it shall and may be lawfull to and for the said President and Fellows and their successors into the same to reenter and the same to have again and enjoy as in their former estate, and that thereupon this present Indenture or Lease shall determine, be void and of none effect, anything therein contained to the contrary notwithstanding. Provided airways in case the said William Payne shall happen as aforesaid to fail of Issue of his body begotten or to be begotten, and thereupon the said hereby demised premisses shall return unto the said President and Fellows or their successors, that then the whole rent of the said Messuage or Tenement land and premisses over and above or more than the said Yearly rent of Twelve pound shall be applyed toward the maintenance of Two Masters of Art in the said College studying and residing during the residue of the said term. And the said John Leverett President and the Fellows of the said Harvard College for the time being, for themselves and their successors do hereby Covenant and grant to and with the said William Payne his Executors Administrators and Assigns, that He and they paying the rent and performing the Covenants in and by these presents mentioned and reserved, shall and may lawfully and peaceably have, hold, use, possess and enjoy all the abovedemised Messuage or Tenement, land and premisses and the appurtenances during this present lease without any manner of Suit, trouble, denial eviction or ejection of the said President and Fellows or their successors or of any other person lawfully claiming under them or by their means and procurement. In Witness whereof the said John Leverett President upon the Vote and desire of the said Fellows has hereunto set hand and affixed the Corporation of the said Harvard College Seal, and the said William Payne has set his hand and Seal Interchangeably, the day and year first above written.
Signed, sealed and Delivered in presence of Us
Lands Miscellaneous, ii. 3. Page two contains a record of annual receipts, to 1787; these have not been copied. The property had been given to the College by Henry Webb, who died in 1660; see CSM Publications, xv. 270. Payne was probably William, of the Class of 1689; among his sons were John and Edward, and they are mentioned as paying the rent in the 1750s.