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Indenture between William Cole and David Thomson 1615 and 1625 presented notary Aspinwall 1648 by Amias

A volume relating to the early history of Boston containing the Aspinwall Notarial Records

[Page 108.]

26. (3) 1648 This Indentur made the first day of Aprill in the yeare of or 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 Wm 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 Wm Cole as well for & in consideration of a marriage already had & solemnised betweene the said David Thomson & Ems the daughter of the said Wm, 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 wch said premisses are scituate lyeing & beeing wth in the Burrough of Plymouth aforesaid, neere the ould conduit there & are parcells of the tenement wherein the said Wm Cole now dwelleth, & which lately heretofore were newly erected & builded at the costs of the said Wm 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 & 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 sd pnts for & dureing the full end & terme of threescore yeares then next & imediately following fully to be compleate & ended If so that the said Wm Cole & the said Ems the now wife of the sd 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, S* Michael the Archangells the birth of oe 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"1 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 sd granted prmisses or some part thereof in the meane tyme can or may be found: whereof or

[Page 109.]

with the said rent so being behind w" tharrerages thereof (if any be) may be levyed & pd or if the sd David Thomson his executTM or assignes doe, doe or consent to be done any act, thing or things, devise or devises whatsoever whereby the sd Emes his wife may not have hould & enjoy the sd granted prmisses dureing the terme afores** in manner as aforesd That then & from thenceforth it shall & may be lawfull for the s* Wm Cole & his Assignes, for either of the sd causes, into the before Demised prmisses w"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 sd Wm Cole for himselfe his ExecutoTM & Administrat: & for every of them doth covenant promise & grant to & w"1 the sd David Thomson & Ems theire ExectTM and Assignes by these pnts, That they the sd David Thomson & Ems theire Executor8 & Assignes & every of them, shall or lawfully may from tyme to time dureing the sd terme, by vertue of these pnts, peaceably & quietly have hould use occupy & enjoy the before demised prmises & every pt thereof according to the tenor forme effect & trew meaneing of theise pnts, for by & under the rents covenants & conditions before expressed & reserved, wthout any lawfull lett suite trouble, impleading, eviction, or expulsion of the said Wm 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 sd Wm Cole his Assigne or  Assignes or any of them, or by or under his or theire means assent or pcurement. In witnes whereof the parties aforsd to these present Indenture interchangably have sett theire hands & seales, geoven the day & yeare above written. 1615 Signed sealed & Delivered in Signd pl
the presence of us./ William Cole.

Teste Waltero Glubb & a scale
John Glubb

I WTM Cole of Plimouth Shipwright have had & received of my daughter Amies Thomson, the sume of fifty pounds wch 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, wch 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 8th day of January. Anno. Dni. 1625.
the AN signe of
Wm Cole.
Signed in the pnts of me Nathaniell Clarke:

These twoe writeings above written were prsented to me Wm Aspinwall publ Notary by the said Amies or Emes the 26 (3) 1648 so signed sealed & witnessed as is afore expressed.

The documents are direct quotes and should not be taken and used as one's own work without identifying the source.

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Updated: 16 Jan 2017 12:51 PM