424 Lease of Hayward’s Land to Joseph Coolidge and John Hastings

    This Indenture made the twenty fifth of March Anno Domini One Thousand Seven hundred and thirty five…. Between Benjamin Wadsworth of Cambridge … and Captain Joseph Coolidge Blacsmith and John Hastings Cordwainer both of Watertown…. That the said Benjamin Wadsworth … hath demised … a tract of Land in Watertown aforesaid commonly called Haywards Pasture … consisting of twenty five acres … bounded eastwardly on the Land of John Mattocks, Southwardly on said Mattocks and others, Westwardly on the Land of the aforesaid Joseph Coolidge and John Hastings and Northerly on Fresh Pond…. To have and to hold… for and during the space and term of five years… yielding and paying… the summ of fifty shillings Rent for the first year and five Pounds yearly for the four following years…. said Joseph Cooledge and John Hastings… shall make… a good and sufficient drein through a smal Hill… to drein eventually the swamps… and that the said drein be left open in all times to come and that the College shall be at their proportion of Charge to keep it open…. The College also shall bear their proportion of Twelve pounds Charge to make the said drein at first which proportion of Twelve pounds shall be paid out of the rent aforesaid. The College also shal allow the said Coolege and Hastings out of their rent aforesaid Ten shillings for the priviledge of having the said drein kept open…. The said Cooledge and Hastings shall clear of all Brush and Trash from two Swamps, the one eastward in said Land and the other Westward and next adjoyning the small Hill aforesaid said Swamps to be cleared by cutting the Brush up by the roots or by cutting it close to the ground and the said Swamps shall also be kept clear of the growth of the Brush…. The Lessees shall have the brush and wood in said swamps except oaks, which they may lopp leaving two or three branches at the topps. And as to the wood which is allowed them about the eastward swamp the line contening said wood southward of said eastward swamp is to run as follows: Viz on the North side of said eastward swamp to begin at a Rock between the eastward and westward swamps, thence to take the nearest cut to a path runing on the North side of the said eastward swamp and following the course of said path up to the fence which is eastward of said swamp and on the south side of said eastward swamp to begin at a stump over against the aforesaid rock they may have the wood as far as the eastward and southward fences except oaks which they may lopp leaving two or three top branches. The said Cooledge and Hastings are also to make and keep a sufficient drein between the two swamps and it is further agreed as to the trees in the Valley between said swamps and on the south side of said valley and on the south side of the Western swamp That said Cooledge and Hastings may have them except oaks … may have timber from said land so much as is necessary for outside fencing … and also the topps of such trees as are cut for outside fencing and no other wood or timber. And the said lessees doe covenant and agree to pay all Rates and Taxes … and that they wil not suffer any wood or Timber besides what is above specifyed to be cut on or carryed of the demised premises….

    Signed sealed and delivered in presence of us

    John Eliot

    Joseph Coolidg

    Timothy Harrington

    John Hastings

    The words in the second page

    And on the south side of said valley

    interlined before signing.

    Lands Papers, Miscellaneous, 11. 60. Three dots indicate omissions of legal phraseology common to such documents. John Hayward of Charlestown willed land in Watertown to the College in 1672. A committee was appointed by the Corporation on March 10, 1734/35 “to view the College Land at Watertown adjoining upon Fresh-Pond, and to agree, if they can, with Capt. Cooledge and Mr. Hastings of Watertown, for the leasing of said Lott.” CSM Publications, xvi. 634.