Historic Howland Documents

Transcription of John Howland Jr. Indenture - 1704

Eldon Gay, Historian-Archivist of The Pilgrim John Howland Society,

notes the transcription of the John Howland Jr. 1704 Indenture was purchased

by the PJHS through the outstanding efforts of the late John R.

Howland who served several years as the Society’s Historian/Archivist,

to preserve a historical document of the Howland Family. The document

was recorded in the Barnstable County Land Records but, due to a fire

the recorded copy was lost along with many others. This is the last

record that includes the names of John Howland Jr. or wife living in

Barnstable. The manuscript received conservation treatment at the

Northeast Document Conservation Center.

This Indenture made ye twenty-second day of February Anno Domini one

thousand seven hundred & four/five between John Howland Sen of ye Town

and County of Barnstable in ye Province of ye Massachusetts Bay in New England

in America on ye one part; And Shubal Howland and John Howland of said

Barnstable husbandmen on ye other part: Witnesses that said John Howland Sen,

for ye natural love and affection soth He hath & beareth unto: said Shubal and John

Howland his sons; and for other good considerations, here after in ye presents mentioned;

hath given, granted, bargained, enfeoffed and confirmed And Doth by these

presents, firmly give, grant, bargain, enfeoffed, and confirm unto them, said Shubal

and John Howland his natural sons and their heirs and Assigns Equally, forever;

All that his tenement, or housing and lands, both upland and meadows or marsh

situate in ye said Barnstable; in his present occupation and unto him belonging, or

that of Right, unto him ought to belong; excepting onely as herein afterwards is

excepted. Said upland being bounded Easterly by ye lands present occupation of

Samuel Chipman. Southerly by lands in present occupation of Nathaniel Crocker.

Westerly by lands in present occupation of John Crocker partly and in part by a A

Lane Leading up from ye C---trey Road unto ye woods. And Northerly by ye

marsh; together with his said marsh or meadow belonging & adjoining thereunto.

With all other his marsh or meadow, where ever it lyeth within ye township of

Barnstable afores. Together with two thirds parts intrest or shares in ye common

or undivided land of said Barnstable; As they now lye in common, together with

all houses, barns, edifices, fences in and upon ye said premises, and all ye Profits,

Privileges and appentenances, to all and every the said bargained premises belonging,

or any wise appertaining. Excepting ye two orchards one on ye North, ye other

on ye South side of ye Countrey highway; And ye use of one third of ye barn, and

so much of the Dwelling house, as shall be necessary for ye comfortable accommodations

of said John Howland and his wife, or ye longest liver ye, during their

natural lives onely, And then, All there to be also, to said Shubal and John Howland

equally, and to their, & either of their heirs forever.

To Have and to Hold all said Houses and barns, both upland & meadows, with

all others ye bargained and granted premises, with all their appurtenances (except

as here fore excepted) And ye reversion and reversions there of unto them said

Shubal and John Howland and their heirs equally and, to ye onely proper use, behoof

and benefit of them and their assigns forever. So as and upon condition that

they said Shubal and John Howland their heirs, Executors, Dominion or assigns

do and shall well and duly pay, or cause to bee paid unto said John Howland Sen

and his wife, or ye longer liver of them, ye following sums equally, and faithfully

perform ye conditions here in after mentioned Vir: To pay and free of all chury to

said John Howland Sr. and at his dwelling house, or where else in said Barnstable

he or his wife shall appoint and as their occasion call for it yearly, & every year;

Twenty bushels of good merchantable Indian corn and ten bushels good merchantable

Barley and six bushels of good Rye and two bushels of wheat, And provide

hay and attendance suitable in ye winter for ten head of cattle such as ye shall

provide and for one horse or mare and for twenty sheep. And allow him one third

part yearly of the hebage of said tenement. And in case one third of ye grain

raised upon said tenement in a year or any year, bee more acceptable to said John

Howland Sr. then ye above mentioned quantys, then Hee shall have said third part

as above mentioned delivered to him. And they shall provided constantly and bring

home sufficient and convenient firewood for ye, And shall plow yearly said two

orchards for them soth Hee hath reserved ye use of to himself and his wife during

their natural lives. And in case his wife survives him they shall yearly perform

unto her all formentioned conditions during her natural life; Exception ye grain

yearly due unto him of soth there shall in such case be abated, one third part yearly.

They shall also unto Isaac Howland of said Barnstable and his heirs forever Allow

yearly and freely the privilege of landing hay and grass, as Hee or his heirs may

have occasion, and of drying and making on their land, And drawing it off with

his team. For all which hee shall have free ingress, egress, and regress for himself

& his heirs forever, for his or her proper use, But if it shall happen that any of these

yearly payments or conditions to bee performed; shall bee neglected or omitted to

bee done, in manner as above mentioned, being lawfully demanded by said John

Howland Sen or his wife. That then, and in such case from thenceforth, and with

all times afterwards, if it may and shall bee lawful, so and for said John Howland

Sen. and or his wife, their heirs or assigns, into said premises to reenter the same

house again and repossesse, enjoy as in his or her former estate or estates, and said

Shubal and John Howland and both of them, their and both of their heirs and

assigns out of and from ye same, wholly to move, expel and eject forever. And

said John Howland Sen. and for himself, his heirs, Executors and administrators

and every of them, doth covenant and grant to and soth for hath Shubal and John

Howland, their heirs & assigns, that upon their making ye payments as above

mention: That then all ye so granted and bargained, promises shall be and continue

to be, freely, clearly absolutely exonerated, acquitted, and discharged: or otherwise

upon request made sufficiently saved & Reps harmless, by said John Howland Sen

of & fro all other, and former, gifts, grants, bargains sales, tittles, troubles, charges

and encumbrances whatsoever, had made, committed, omitted or done, or so bee

had made, committed, omitted or done; by him John Howland Sen. his heirs or

assigns, or by any other person or persons, fro, By or under him or them, or any

of them, or by his or their means, Act, consent, Priority, or procurement. And said

Shubal & John Howland Do for themselves, their heir, Executors, Admin &

Assigns covenant and promise, so and soth said John Howland Sen. and his wife

and ye longest liver of them; and their Assigns, well and truly to pay or cause to

bee paid and performed to yearly sums & conditions above said in manner and

from mentioned. And so proportionably for longer or lesser time, according ye

true intent, meaning of those presents. And they are to receive of said John

Howland Sen: and his wife yearly discharges and acquittances, upon ye yearly

performances of said conditions.

In witnesses where of ye party, first above mentioned have hereunto, sett

interchangeably their hands and seals ye date above written.

John Howland Sr. Seal

Signed Sealed and Delivered Memorandum it is mutually Agreed, by ye partys

above With in mention; ye ye said John and Shubal Howland

shall yearly maintain sufficient necessary fences

upon said tenement or messuage, as well those about

ye house said orchards reserved by John Howland Sen

as ye other fences upon said tenement.

In presence of

Jonathan Russel Barnstable

Jeremiah Baron On the same twenty second day of February 1704/5 The

Above named Shubal Howland & John Howland Jr.

Formally appeared before me the Subscriber and

acknowledged the above written on with the memorum.

to be His free act of Deed

John Otis Justice of the Peace

On the back of the Indenture at the top

April the 6th 1705 then received this Indenture to be recorded and is accordingly recorded

in Barnstable county **** Land folio 209

Wm Bufett Reg **

Note:The name Shubael Howland at the bottom of the Indenture has a line through his

Name which may indicate he was not at the signing in person.

EDITORIAL NOTE with reference to the Howland Indenture:

The Pilgrim John Howland died in Rocky Nook, Plymouth 23 Feb 1672. His son

John Howland was born in Plymouth 24 Apr 1627, married Mary Lee in Plymouth

16 Feb 1651 and he died in Barnstable sometime after 18 Jun 1699. He was

sometimes known as John Howland Jr until his son John was born 31 Dec 1674

when he became known as John Howland Sr and his son was known as “Junior”

John Howland Jr. He also had a son Shubael Howland born in Barnstable 30 Sep

1672 and the brother of John Howland Jr as mentioned in the indenture. The Isaac

Howland mentioned in the indenture was John Howland Sr first born son and

brother of Shubael and John Jr. This indenture also shows that John Howland Sr

lived well beyond 18 Jun 1699 since he was alive to produce the indenture 22 Feb

1705. Isaac Howland born 25 Nov 1659 and died 26 Dec 1724 (7 children);

Shubael Howland born 30 Sep 1672 and died 17 Jun 1737 (3 children); John

Howland Jr, born31 Dec 1674 and died 14 Feb 1738 (6 children); and they had

7 sisters who had children. ( see “John Howland of the Mayflower” volume 2 by

Elizabeth Pearson White, sold by the GSMD Sales Department).

F-AGG Harry P. Folger 3rd

Assistant Editor

Mayflower Quarterly