385 Lease to Elizabeth Cole

    This Indenture made the Twelfth day of November anno Domini 1731, and In the Fifth year of His Majestys Reign Between Edward Hutchinson of Boston within the County of Suffolke and Province of the Massachusetts Bay in New England Esq. Treasurer of Harvard College in Cambridge in the County of Middlesex and Province aforesaid on the One part, and Elizabeth Cole of North Kingston in the Colony of Rhode Island and Providence Plantations in New England Widow—of the other part—Witnesseth That the said Edward Hutchinson qualifyed as aforesaid for and in consideration of the Rents Covenants and Agreements hereaftermentioned, to be paid done and performed on the part and behalf of the said Elizabeth Cole, Hath Demised Granted Let and to Farm Letten, … unto the said Elizabeth Cole The Eastward part of a certain Tract or parcel of Land belonging to the aforesaid College situated lying and being in the Town of North Kingston aforesaid the whole Tract containing about Five hundred Acres be the same more or less, being given to the said College by the late Honorable Samuel Sewall Esq. deceased and the said Eastward part being divided and set off from the rest by a cross fence, Together with the priviledges and appurtenances thereunto belonging or in any wise appertaining.

    To Have and To hold the […] premisses with the appurtenances unto the said Elizabeth Cole her Executors and Administrators from the 25th day of March next, for and during the full term of Four Years the next ensuing and fully to be compleat and ended. Yeilding and paying therefore unto the said Edward Hutchinson Treasurer as aforesaid or his successors in the said office the Sum of six pounds ten shillings in good publick Bills of Credit of the said Province current lawful money yearly and every year during the said Term…. Further the said Lessee doth Covenant to Sell no Wood from off the said Land nor suffer any to be cut thereon but for her own use for Fuel and Fencing on the said Land and her own Land adjoyning to it. And what she so cuts shall be put together and in one place, and the said Lessee in cutting Wood as aforesaid shall clear the Land as she goes by cutting down the whole of the greater Wood and all under Brush and Rubbish, so as to leave none standing on […] and which she so cuts and clears and the said Lessee […] further Covenant and agree to pay all the Rates or Taxes that shall be Levyed or assessed on the said demised premisses during the said Term and at the expiration thereof quietly and peaceable to surrender and deliver up the possession of the same with all such fences as shall be Erected thereon in good tenantable repair without wilful Wast, stroy or demolishment (Fire and other extraordinary Casualties Excepted) Witness whereof the aforesaid parties have hereunto Interchangeably set their hands and Seals the day and year aforewritten.

    Signed Sealed and Delivered in the presence of

    Wm. Maccarty

    Edwd. Hutchinson

    Benja. Rolfe

    Treasurer of Harvard College

    Memorandum It is mutually Covenanted and between the said parties agreed, any thing beforewritten to the contrary notwithstanding, That the Liberty granted to the said Lessee in the beforewritten Lease to cut Wood from off the Land thereinmentioned Shall be Construed to Extend to the whole Farm belonging to the College (the one half part whereof is Let by this Lease) and not to the demised Land only. She the said Lessee to be under the same Restrictions as are therein mentioned with respect to her cutting the Wood and clearing the Land and to be restricted from selling any Wood so cut thereon in the same [manner] as in the said Lease is Expressed. Witness their hands [and seals] interchangeably set the day and year first aforewritten

    Signed Sealed and Delivered in the presence of


    [Edward] Hutchinson

    Benja. Rolfe

    [Treasurer] of Harvard College

    Whereas I the Subscriber Benjamin Congdon of South Kingstown in the County of Kings County yeoman have hired of the within mentioned Elizabeth Cole the within mentioned Land I do promise and hereby oblige my self my Heirs Executors and Administrators to fullful and perform all the Covenants to be by the said Elizabeth Cole performed for the Year Insuing. In Witness whereof I have hereunto set my Hand the twenty fourth Day of February A. D. 1734.



    John Congdon



    John Cole


    Narragansett Farm Papers, Supplement. The ms is torn in places and in poor condition. Three dots, not in brackets, indicate the omission of legal phraseology common to all such documents. The Corporation voted a lease of the easterly part to Mrs. Cole on September 6, 1731; CSM Publications, xvi. 595.