Frederick County MD
May 21, 1770
At the Request of James Jervis the following Lease was recorded 21 May 1770. To WIT THIS INDENTURE made this Twenty Eighth day of April Anno Dom One thousand seven hundred and seventy, between Henry Claggett of Frederick County in the Province of Maryland, planter of the one part and James Jarvis of the County and Province aforesaid of the other part. Witnesseth that the said Henry Clagett for and in consideration of the Ments Covenants and Agreements here in after reserved on the part of said James Jarvis to be paid and kept (?) hath demise (?) lease and to farm let and by them present doth demise lease and to farm let onto the said James Jarvis One Hundred acres of Land situate "lying and being in Frederick County aforesaid and Included with the courses following: Beginning at the Beginning for a Tract of Land called Quince Orchard and running thence South seventy degrees West Ninety one perches South Eighteen degrees East One Hundred Seventy Nine perches North Seventy Three degrees East Ninety one perches North Twenty two degrees and half West fifty perches then with a Straight Line to the beginning.
To have and to hold the aforesaid parcel of Land onto the said James Jarvis his heirs, Executors, Administration and assigns from the Twenty day of November Ammo Do mini one Thousand seven hundred and seventy for and during the Term of Eighteen years Yielding and Paying therefore unto the Said Henry Clagett in manner and assigns six hundred pounds Crop Tobacco in Cash and four shillings Sterling Yearly and every year and the said James Jarvis for himself his heirs Executors and Administrators doth hereby Covenant and agree with the said Henry Clagett in manner and form following to Wit:
That the said James Jarvis his heirs and assigns doth agree Annually and every year to pay unto the said Henry Clagett Two hundred pounds of Tobacco for every Male Labourer imployed on the aforesaid premises Except the said James Jarvis and his male children so long as they remain under the age of Twenty one years and one other Male Tax or female Labourer and one hundred and fifty pounds of Tobacco for every Female Labourer imployed on the aforesaid Demised premises except as before excepted and the said James Jarvis his wife and female children so long as they remain under the age of Sixteen Years.
That the the said James Jarvis his heirs Executors and Administrator Shall and will well and truly pay or cause to be paid unto the said Henry Clagett his heirs or assigns the said rents and forfeitures in such manner and form as is here before appointed for payment thereof According to the true Intent and Meaning hereof without any Deduction Reduction or defalcation hereof or of any part thereof and the said James Jarvis his heirs Executors Administrator or assigns shall and will at their own proper Cost and Charges In Seven Years from the date hereof Build a good Tobacco House in Workmanship manner, Thirty two feet by Twenty two and shall Inclose the premises and such part thereof as shall be cultivated with a good strong and lawfull Fence and shall set and plant an Orchard with one hundred apple trees at Thirty feet distance from each other upon such part of the demised premises as shall be meet and Convenient for that purpose and in case of default or destruction in the Said Trees shall replace them them with others.
And further that the said James Jarvis his Executor, Administrator or Assigns shall and will at their own or his proper Cost and Charges keep in good Tenantable or fair to the said hereby demised premises and likewise the said Fence and Orchard when so made and planted and also all houses orchard and fences that have been, or shall be erected in the same during the said Term and at the end of the said term deliver unto the said Henry Clagett his heirs or assignees the Quiet and peaceable and possession of the Said demised premises with their appointments in good and Tenantable repair and that He -- May Shall permit or commit any waste or Spoil in the said Demised premises, fall any of the Timber Trees thereon growing or cut down any Wood therefrom by such as shall be necessary for the proper use and Improvement of the Land or assign Sell or Lease the said premises or any part thereof to any person whatsoever without the Licence and Consent of the said Henry Clagett his heirs and assigns for that purpose first had and obtained provide always that if it shall happen that the said Yearly Rents reserved or forforture as aforesaid or any part thereof shall be behind hand or unpaid or the said James Jarvis his Executors administration or Assigns shall fail in the performance of any matter being hereby Covenanted and agreed to be done and performed or to Suffer anything to be done to the same that from thence forth and at all times afterwards it shall and may be Lawfull for the said Henry Clagett his heirs and assigns unto the said Demised premises with their appurtenants to reenter and the same to have again retain and posses and enjoy as of his and their former Estate and all Occupiers thereof from thence to expel put out and remove anything herein to the contrary not withstanding.
In witness thereof the parties have hereunto affixed their hands and Seals the day and year above. Written, the words (and half) interlined between the sixth and seventh lines before the Sealing and delivery of these presents did likewise the words (so assign Sell or lease the said premises of any part thereof to any person whatsoever without the License and Consent of the said Henry Claget his heirs and assignees for that purpose first had and attained) between the twenty fourth and Twenty fifth Line.
Signed Sealed and delivered into he presence of
Henry Clagett (seal)
James Jarvis (mark)
On the Back of which Lease was the following Amendments
Frederick County April 20 Anne Do mini One thousand seven hundred and Seventy. Henry Clagett and James Jervis parties to the within Deed acknowledged the Same before us two of his Lordships Justices of the peace for Frederick County
Jarvis Family Page