411 Agreement with Paske Austin

    Oct. 26, 1733.

    Whereas the Honorable Judge Sewal Esq. late of Boston N.E. gave to Harvard College a Farm or Tract of Land, now lying and being in North Kingstown, in Kings county in the colony of Rhode island and Providence Plantation in N. England containing 500 Acres more or less, part of the said 500 Acres is now let to Paske Austin of North Kingstown aforesaid, Husbandman,

    1. 1) That part of the Farm he hires, is from the north to the South side of said 500 Acres; and is bounded westerly by one remaining part of said 500 Acres, at a Brook or Swamp called Horseyard Run; and easterly by chepuxit River, only reserving intire to Elizabeth Cole the Priviledges of her Lease.
    2. 2) The term of the Lease to be fourteen years, begining March 25, 1734.
    3. 3) Austin shall within 4 years from the begining of his Lease, plant on the land he hires an orchard as near the House as may be containing 200 good Apple Trees, to be bought at the College charges, shall dig about and dung said Apple Trees to make ’em thrifty; and shall keep said orchard constantly in good Fence, that it recieve no damage by cattle, Horses, sheep, Goats or other creatures.
    4. 4) Austin shall fully clear 3 Acres of Land every year of his Lease, and keep the same well subdued from time to time; so that at the end of his Lease there shall be 42 Acres intirely cleared and subdued, 20 Acres fit for mowing about the House; and 12 Acres more fit for mowing as near the House to be built on the Farm as conveniently may be; and ten Acres for tillage on any part of the Land he hires where he pleases, provided he dos not take it up in more than two places; and he shall not till the same spot of Land above four years together, least it should be worn out of heart.
    5. 5) All Hay, stover,280 or Fodder for cattle raised on the Farm, shall be spent on it; and all the muck or dung made on the Farm shall be imployed for manuring and inriching said Farm.
    6. 6) Austin may not sell any Wood or timber from the Farm, but may cut wood or timber for building and fencing on said Farm, and for fuel; but as to the Land he intirely clears and subdues, if there be more wood and timber on it than he needs for building, fencing and fuel, the remainder of the wood and timber of what he thus intirely subdues and clears, least it should rot and wast, he may sell.
    7. 7) Austin may subdue and clear more than the 42 Acres aforesaid, for mowing and tillage as much as he will; provided he leaves said Land well subdued and free from Bushes at the Expiration of the Lease.
    8. 8) Austin shall on 25 March during the whole term of his Lease, pay one Pepper corn, if demanded, to the Treasurer of the College.
    9. 9) Austin shall pay all Rates or taxes that shall be levied on the Land he hires, during the whole time of his Lease. And shall inspect the remaining West part of the College’s 500 Acres, preventing damage thereon as much as he can, untill the College shall otherwise dispose of it or any part of it.
    10. 10) Austin shall not put any Tenant on any part of the Land he hires, nor assign or make over his Lease to any one, without leave from the Lessor.
    11. 11) At the signing of the Lease, Austin shall recieve £15 of the College to buy 20 Goats to subdue Brush on the Farm.
    12. 12) If Austin neglect to do or perform what he covenants to do or perform in his Lease, it shall be lawfull for the Lessor to reenter and reposses the demised premises and Appurtenances as in their former estate.
    13. 13. At the Expiration of the Lease, Austin shall quietly and peaceably surrender and deliver up the possession of the Demised premises, with the Buildings and Fences that shall be made thereon, in good tenantable repair, fire and unavoidable Accidents excepted. Mr. Job Trip and Mr. Austin, are to recieve £61 of the College, for building on the Land Austin hires, forthwith, or within a year after the Lease begins, an House 16 feet long, 22 wide, 10 stud; covered on outside with oak or pine Plank, clapboarded and shingled on the inside, deled with Boards, and a cellar the width of the House and as near the jams as may be, with an oven, well, and about 18 foot of Glass, 4 windows in two lower rooms, and two in the upper. And as soon as Mr. Trip brings a certificate under Mr. Willet’s hand, that said House is built and finished according to this Agreement, said Trip to receive the £61 forementioned from the College.

    Narragansett Farm Papers, p. 3. On October 10, 1733 the Corporation voted to enter an agreement with Mr. Austin; CSM Publications, xvi. 619. There is another draft of this agreement in the same source. There is also an unsigned lease, with Paske Austin, dated March 25, 1733, in Narragansett Farm Papers, p. 5. The only additional material in the unsigned lease consists of more detail on the boundary, as follows: “Southerly by the High Way, Westerly by a Swamp or Run of water, Northerly pardy by Land of Nicholas Gardner and partly by land of John Wightman, and Easterly partly by a Cross Fence and partly by the River.” These bounds appear to be for the whole tract of 500 acres, not just for Mr. Austin’s portion.