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<DIV>
<H1 dir=ltr class=title>A volume relating to the early history of Boston
containing the Aspinwall Notarial Records</H1>
<DIV dir=ltr class=title> </DIV>
<DIV dir=ltr class=title>
<P style="TEXT-INDENT: 1em" class=gtxt_body><FONT size=4>[Page 108.]</FONT></P>
<P style="TEXT-INDENT: 1em" class=gtxt_body><FONT size=4>26. (3) 1648 This
Indentur made the first day of Aprill in the yeare of o<SPAN
class=gstxt_sup>r</SPAN> soveraigne Lord James by the grace of God King of
England ffrance & Ireland the thirteenth. And of Scotland the eight &
fourtieth defender of the ffaith &c: Betweene W<SPAN
class=gstxt_sup>m</SPAN> Cole of Plymouth in the County of Devon Shipwright of
the one party And David Thompson of Plymouth aforesaid Apothecary. & Ems his
now wife of thother party witnesseth, that the said W<SPAN
class=gstxt_sup>m</SPAN> Cole as well for & in consideration of a marriage
already had & solemnised betweene the said David Thomson & Ems the
daughter of the said W<SPAN class=gstxt_sup>m</SPAN>, as also for divers other
good causes & considerations him thereunto especially moveinge hath demised
leased granted & to ferme letten, & by these pnts doth demise lease
grant & to. ferme lett & confirme, unto the said David Thomson & Ems
his wife All theise severall roomes hereafter following, To wit, one Kitchin one
shopp, one Courtlage, one hall & two chambers over the same hall, late in
the tenure of one Michael Prior, all w<SPAN class=gstxt_sup>ch</SPAN> said
premisses are scituate lyeing & beeing w<SPAN class=gstxt_sup>th</SPAN> in
the Burrough of Plymouth aforesaid, neere the ould conduit there & are
parcells of the tenement wherein the said W<SPAN class=gstxt_sup>m</SPAN> Cole
now dwelleth, & which lately heretofore were newly erected & builded at
the costs of the said W<SPAN class=gstxt_sup>m</SPAN> being the lands of the
heires of Bryant, To have and to hould the said Kitchin shopp Curtlage hall
& twoe chambers over the same hall before by these pntes demised <I>&
</I>granted & every pt & parcell thereof unto the sd David Thompson
& Ems, theire executo Adminst: & Assignes from the feast of The
anunnciation of the blessed Virgin Mary last past before the date of the s<SPAN
class=gstxt_sup>d</SPAN> pnts for <I>& </I>dureing the full end & terme
of threescore yeares then next & imediately following fully to be compleate
& ended If so that the said W<SPAN class=gstxt_sup>m</SPAN> Cole & the
said Ems the now wife of the s<SPAN class=gstxt_sup>d</SPAN> David Thomson shall
happen so long to live. Yielding & paying therefore unto the said Willm Cole
& his Assignes ten shillings of lawfull money of England at the foure most
usuall feasts in the yeare, to wit the feasts of the Nativity of S* John
Baptist,<SPAN class=gtxt_body> S* Michael the Archangells the birth of o<SPAN
class=gstxt_sup>e</SPAN> Lord God, & the Annunciation of the blessed Virgin
Mary by even portions, dureing the said terme. Eepaireing also & maintaining
all & singular the said Demissed prmisses in all & every needful &
necessary reparation thereunto belonging when & as often as need shall
require, at & w"<SPAN class=gstxt_sup>1</SPAN> the pper costs charges &
expenses of the sd David Thompson & Ems their Execut: & Assignes, &
the same so well & sufficiently repayred & maintained in the end of the
terme shall leave & yeeld up. And if it happen the said yearly rent of ten
shillings to be behind & unpaid in part or in all by the space of one whole
yeare next after any feast of the feasts aforesaid wherein the same as aforesaid
ought to be paid, being lawfully demanded, & not payd & no sufficient
distresse in or uppon the s<SPAN class=gstxt_sup>d</SPAN> granted prmisses or
some part thereof in the meane tyme can or may be found: whereof
or</SPAN></FONT></P><!-- Content from Google Book Search, generated at 1261434952882254 -->
<DIV class=flow><A id=PA129 class=page></A>
<DIV class=gtxt_body>
<P style="TEXT-INDENT: 1em" class=gtxt_body><FONT size=4>[Page 109.]</FONT></P>
<P class=gtxt_body><FONT size=4>with the said rent so being behind w"
tharrerages thereof (if any be) may be levyed & p<SPAN
class=gstxt_sup>d</SPAN> or if the s<SPAN class=gstxt_sup>d</SPAN> David Thomson
his executTM or assignes doe, doe or consent to be done any act, thing or
things, devise or devises whatsoever whereby the s<SPAN class=gstxt_sup>d</SPAN>
Emes his wife may not have hould & enjoy the s<SPAN class=gstxt_sup>d</SPAN>
granted prmisses dureing the terme afores** in manner as afores<SPAN
class=gstxt_sup>d</SPAN> That then & from thenceforth it shall & may be
lawfull for the s<SPAN class=gstxt_sup>*</SPAN> W<SPAN class=gstxt_sup>m</SPAN>
Cole & his Assignes, for either of the s<SPAN class=gstxt_sup>d</SPAN>
causes, into the before Demised prmisses w<SPAN class=gstxt_sup>"</SPAN>1
thappurtenances to reenter, & the same to have againe & repossesse as in
his or theire former estate (these Indentures or any thing therein conteined to
the contrary thereof in any wise notwithstanding) And the s<SPAN
class=gstxt_sup>d</SPAN> W<SPAN class=gstxt_sup>m</SPAN> Cole for himselfe his
ExecutoTM & Administrat: & for every of them doth covenant promise &
grant to & w"<SPAN class=gstxt_sup>1</SPAN> the s<SPAN
class=gstxt_sup>d</SPAN> David Thomson & Ems theire ExectTM and Assignes by
these pnts, That they the s<SPAN class=gstxt_sup>d</SPAN> David Thomson &
Ems theire Executo<SPAN class=gstxt_sup>r8</SPAN> & Assignes & every of
them, shall or lawfully may from tyme to time dureing the s<SPAN
class=gstxt_sup>d</SPAN> terme, by vertue of these pnts, peaceably & quietly
have hould use occupy & enjoy the before demised prmises & every pt
thereof according to the teno<SPAN class=gstxt_sup>r</SPAN> forme effect &
trew meaneing of theise pnts, for by & under the rents covenants &
conditions before expressed & reserved, w<SPAN class=gstxt_sup>th</SPAN>out
any lawfull lett suite trouble, impleading, eviction, or expulsion of the said
W<SPAN class=gstxt_sup>m</SPAN> his Assigne or Assignes or any other pson or
psons whatsoever claimeing or conveying any lawfull right estate title terme
claime or demand of in or to the same or any part thereof by or from the s<SPAN
class=gstxt_sup>d</SPAN> W<SPAN class=gstxt_sup>m</SPAN> Cole his Assigne or
</FONT></P>
<P class=gtxt_body><FONT size=4>Assignes or any of them, or by or under his or
theire means assent or pcurement. In witnes whereof the parties afors<SPAN
class=gstxt_sup>d</SPAN> to these present Indenture interchangably have sett
theire hands & seales, geoven the day & yeare above written.
<STRONG><EM>1615 Signed sealed & Delivered in Signd
pl</EM></STRONG></FONT></P>
<P class=gtxt_body><FONT size=4><STRONG><EM>the presence of us./ William
Cole.</EM></STRONG></FONT></P>
<P class=gtxt_body><FONT size=4>Teste Waltero Glubb & a scale</FONT></P>
<P style="TEXT-INDENT: 1em" class=gtxt_body><FONT size=4>John Glubb</FONT></P>
<P style="TEXT-INDENT: 1em" class=gtxt_body><FONT size=4>I WTM Cole of Plimouth
Shipwright have had & received of my daughter Amies Thomson, the sume of
fifty pounds w<SPAN class=gstxt_sup>ch</SPAN> money I was to have to wards the
buying of my land uppon condition that I should make my land over to my daughter
& her children, wcb I have done as by my will appeareth, now I have received
of her above in writeing of the sume of thirty pounds, wcb I am to give an
account for to her husband David Thomson his heires ExecutoTM AdministratoTM or
Assignes. In witnes whereof I have hereunto sett my hand this 8<SPAN
class=gstxt_sup>th</SPAN> day of January. Anno. Dni. 1625.</FONT></P>
<P class=gtxt_body><FONT size=4>the AN signe of</FONT></P>
<P style="TEXT-ALIGN: center" class=gtxt_body><FONT size=4>W<SPAN
class=gstxt_sup>m</SPAN> Cole.</FONT></P>
<P class=gtxt_body><FONT size=4>Signed in the pnts of me Nathaniell
Clarke:</FONT></P>
<P class=gtxt_body><FONT size=4>These twoe writeings above written were p<SPAN
class=gstxt_sup>r</SPAN>sented to me W<SPAN class=gstxt_sup>m</SPAN> <SPAN
class=gstxt_hlt>Aspinwall </SPAN>publ Notary by the said Amies or Emes the 26
(3) 1648 so signed sealed & witnessed as is afore
expressed.</FONT></P></DIV></DIV></DIV></DIV></BODY></HTML>