Lease, 1766, James Parker to Peter Cafs/Cass/Gass/GaB
“Lease - To - Peter Cafs [Cass] for 7 years from 25th March 1766 for Farm No. 11, 210 [and] 8/10 acres, at 35 Bushells wheat per annum to be delivered at Jacob VanDerveer[‘]s Mills &tc. –“
Source: James Parker Papers, Manuscript Group #18, Box 2, Folder 7.New Jersey Historical Society, Newark, NJ. Leases for Matthias Snook, John Loder, Daniel McKennie, Leonard Weidner, Elisha Robins, and Nicolas Yost are found in Folders 5-7. See advertisement to sell tract of land in Sussex County in “New Jersey Archives,” Series I, Vol. 5, pp. 571-572.
THIS INDENTURE Made the Tenth Day of May in the Sixth Year of the Reign of our Sovereign King GEORGE the Third -- Anno Domini 1766 between James Parker of Perth Amboy in the County of Middlesex and Province of New Jersey of the First Part, and Peter Cafs [Cass] of the Second Part.
WITNESSETH, That the Party aforesaid of the First Part, in consideration of the rents and covenants herein-after-mentioned, hath demised, set, and to farm let, to the said Party of the Second Part, all that tract of land, situate, lying and being in Newtown [Newton] in the County of Sussex and Province of New Jersey aforesaid being part of a larger tract of land belonging to the said James Parker and known and distinguished by Lott or Farm No. 11,
Beginning at a white oak tree standing in the line of the larger tract being the Southwest corner of Lott No. 10 thence running south 88 degrees east 8 chains thence south 80 degrees east 41 chains to a black oak bush thence south 69 degrees East 35 chains and 25 links along the Lines of Lott No. 10 to the line of Lott No. 2 thence south 22 degrees & 30 minutes West 12 chains to a line of Lott No. 1 thence North 81 degrees west 31 chains along the line of said Lott to a corner thereof thence south 7 chains to an elm tree on the North side of a branch of Pawlins Kill being another corner of Lott No. 1 thence North 80 degrees West 45 chains down the said branch crossing the same several lines to the North side thereof being another corner of said Lott No. 1 in the line of the larger tract thence North 2 degrees West 28 chains and 50 links along the said line to the beginning containing 200 and 10 acres and 8/10ths of an acre --
TO HAVE AND TO HOLD, to the Party aforesaid of the Second Part, for the term of seven years, from the 24th day of March last past rendering therefore yearly and every year, the rent of 35 bushels of good clean and merchantable wheat to be delivered at Jacob Vanderveer[‘]s Mills in Somerset County or elsewhere within that distance as the said James Parker shall direct -- on every 25th Day of March, during the Term aforesaid.
AND the Party aforesaid of the First Part, for himself and his Heirs, doth covenant, grant, promise and agree, to and with the party aforesaid of the Second Part, that he will warrant and defend the said Peter Cafs [Cass] in the Possession of the demised Premises, during the Term aforesaid, against all and every Person and Persons claiming, or to claim, any Estate, Right, title or Interest therein of thereto, or to any Part thereof,
And in case the party aforesaid of the First Part, will defend such suit or suits, prosecution or prosecutions, at his charge, without leaving any Part thereof to be paid by the Party aforesaid of the Second Part, he giving him notice to defend such Suit or Prosecution.And in Consideration of the Premises, the Party aforesaid of the Second Part, agrees, covenants and promises, yearly and every Year, to pay rent reserved as aforesaid, together with such Taxes, as the Premises aforesaid shall be liable to pay; and to cut no green Timber but for the use of the premises; not to plow any part of the premises more than once in three years for winter grain, to plant at 50 six-foot distance one hundred apple trees and to fence their use themselves and keep up the number so planted during the term of this Lease, the said trees to be planted within the two first years of this Lease, to clear seven acres of meadow between his field and Pawlins Kill clear and smooth and fitt for the scythe all in one piece to fence and keep up the same and that he will not at any time during the term of this lease sett the woods on fire or suffer it to be done my any body under him but if fired by accident that he will assist all that in him lays(?) to extinguish the same and prevent it from burning the fences and that he will during the continuation of this lease keep his fences in tenantable order and at the expiration of the term deliver up the same in good sufficient and lawful fence --
And at the expiration of the term for which the premises are demised as aforesaid, to yield the same up to the party aforesaid of the First Part, or his order, if required. But if not required, then the party aforesaid of the Second Part, is to hold the demised premises, until such time as three month notice in writing shall be given to either party by either party, that the said lease is, at the end of the said three months to determine provided always, that if the party aforesaid of the Second Part, shall, during this lease, desert, leave, quit, or give over the possession of the premises, without leave in writing of the party aforesaid of the First Part, then the term by these presents granted is from thenceforth to determine and ceases. And the parties aforesaid, severally and respectively do bind themselves each to the other, respectively in the sum of five hundred pounds proclamation money of New Jersey -- aforesaid, for the true performance of their respective parts of the premises.
And for the more certainty of delivering up possession to the lessors at the end of the term aforesaid, I, the said Peter Cafs [Cass] -- lessee, do hereby appoint any attorney at law to appear for me and to receive a declaration in ejectment against me on the demise of the lessor for the premises in the above lease, as of any term during the continuance of this lease, in the Supreme Court of New Jersey and thereon to confess judgment of that same term, with cost of suit, with power to release all errors in the judgment. In witness whereof the parties to these present indentures, have interchangeably set their hands and seals the day and year first above-written.
Sealed and delivered in the presence of
[Signed] Petter GaB [Gass] (Last character resembles Greek Beta, is a German “Eszett,” Anglicized as double “s”.)
[Signed] Robert Allen (agent for James Parker)
[Signed] Jacob Jingling (believed to be German translator)
More Replies:
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Additional notes re: Lease, Parker to Cafs/Cass/Gass
Jonathan Coss 2/01/11
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1766, Notice to sell land in New-town Twp, Sussex Co, NJ
Jonathan Coss 4/13/11
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1766, Notice to sell land in New-town Twp, Sussex Co, NJ