332 Indenture of Newton Farm to Jonathan Willard

    This Indenture made the twenty fifth day of March Anno Domini One thousand seven hundred and Twenty Six and in the Twelfth year of His Maj[es] ties Reign Between Edward Hutchinson of Boston within the County of Suffolk 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 Jonathan Willard of Newton in the County of Middlesex aforesaid Bloomer177 of the other part. Witnesseth That the said Edward Hutchinson qualifyed as aforesaid for and in Consideration of the Rents Covenants and Agreements hereafter mentioned to be paid done and performed on the part and behalf of the said Jonathan Willard, Hath Demised Granted let and to Farm Letten, and by these presents Doth Demise Grant let and to Farm Lett unto the said Jonathan Willard, The thirty third Lott of Land, or a Lott of Land No. 33, belonging to the aforesaid College, situate lying and being in Newton aforesaid consisting of upland and plowland, containing Thirty Acres be the same more or less, with all the priviledges and appurtenances thereto belonging. To Have and To Hold the aforedemised Lott of Land and premises with the appurtenances unto the said Jonathan Willard his heirs Executors and Administrators from the day of the date hereof for and during the full Term of Nine years 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 Fifteen Shillings in good Publick Bills of Credit of the said Province or Current lawful money yearly and every year during the said Term. And the said Jonathan Willard for Himself his heirs Executors and Administrators doth hereby Covenant and agree well and truly to pay the said Rent of Fifteen Shillings at the end of each and every year during the said Term as the same shall become due; and that if the said Rent or any part thereof be behind and unpaid by the Space of Twenty days next after either of the days whereon the same ought to be paid as aforesaid (being lawfully demanded) That then and from thenceforth it shall and may be lawful to and for the said Edward Hutchinson Esq. Treasurer as aforesaid or his Successors in the said Office into the said demised premisses with the appurtenances to Re-Enter, and the same to have again repossess and Enjoy as in his or their former Estate in behalf of the said College, this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding. And it is hereby mutually covenanted and agreed between the said parties, that the said Jonathan Willard his heirs Executors or Administrators shall have the liberty and priviledge of fencing in the said Lott of Land or such part thereof as he shall think fit, he leaving all such Fence as he shall Erect and set up on the said demised premisses in good Tenantable repair at the expiration of this Lease. And Further the said Jonathan Willard for himself his heirs Executors and Administrators Doth Covenant and agree to pay all the Rates or Taxes that shall be Levyed or Assessed on the demised premisses during the said Term, and at the Expiration thereof quietly and peaceably to Surrender and deliver up the possession of the Same with all such Fence as shall be Erected thereon as aforesaid, in good Tenantable repair, without178 (Fire and other extraordinary Casualties Excepted). And the said Edward Hutchinson qualifyed as aforesaid for himself and his Successors in the said Office doth hereby Covenant and agree to and with the said Jonathan Willard his heirs Executors and Administrators That he and they paying the Rents and performing the Covenants aforementioned on his and their part to be performed shall and may peaceably and quietly possess occupy and enjoy the said demised Lott of Land and premisses with the appurtenances during the Term of this Lease without the lawful Lett hindrance or Interruption of any person or persons whatsoever. In Witness whereof the aforesaid parties have hereunto Interchangeably set their hands and Seals the day and year afore-written.

    Signed Sealed and Delivered in presence of

    John Corssen

    Edwd. Hutchinson

    Thos. Conerly

    Lands Miscellaneous, 1. 26. For mention of this lease see CSM Publications, xv. 267.