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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to preserve a historical document of the Howland Family.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