[August 14 1658]
Mr. Henry Dunster’s Bargaine with Edmund Rise.
The true intent and meaning of this writeing is to witnes that Henry Dunster hath sold from him and his Heyres to Edmund Rise of Sudbury and his Heyres one farme leased to the said Edmund by lease bearing date the 29th of 7ber 1653, on condition following, vizt. that the said Edmund shall pay £25 between this 14th of August 1658 and the 15th of March next ensuing and twenty pound before that time twelve month 1660 and twenty pound more before the 15th of March 1661 and fifeten pounds more before the 15th of March 1662—in all or the whole sums one hundredth pound. All and singular payments to be made in their season in good and merchantable wheat at the price current at the day of payment to the said Henry his Heyres Executors or Assignes at any place not farther distant from Edmund Rise his house than is the mill at Monattomy. And the said Henry in case of failement of pay shall without further trouble have power by himselfe or his assignes to distraine to the satisfaction of the covenant within twenty dayes after the 15th of Marche from yeare to yeare. And the said Henry shall and hereby is bound to give way unto the said Edmund and whomsoever the said Edmund shall himselfe adjoyne to make or cause to be made a just and formall deed of sale between the said Henry and his Heyres and the said Edmund and his partner or partners and their Heyres and that the said deed shall be publiquely Recorded without any Hindrance of the said Henry or his Heyres after the 29th of September next ensuing this present 1658.
In presence of
Mercy Rise her mark
Witnes our hands
Sudbury 11 (3) 1660 Before me, Thomas Danforth.
This Deed and bargaine of Sale is entered and Recorded January 24, 1660 by Thomas Danforth, Recorder.
Mr. Dunster’s Executors Deed of Sale to Edmund and Benjamin Rise.
To all Christian people to whome these presents shall come to be soon read or examined know ye that whereas Mr. Henry Dunster some time the President of Harvard Colledge in Cambridge in the County of Middlesex in New England did in his life time make sale of a farme, called and knowne by the name of the Pond farme lying and being neere unto the bounds of Sudbury towne or plantation in the County of Middlesex aforesaid, and that said farme was lett and set forth to Edmund Rise of Sudbury aforesaid Senior by lease in writeing bearing date the 29th of September 1653 on certaine conditions expressed in the said lease, since which said lease the said Henry Dunster hath by one other writeing, or covonant indented, made and had betwixt the said Henry Dunster and the said Edmund Rise Senior, before the 29th of September 1658 to which David Dunster is a witness, hath for Himselfe, his Heyres and Executors made sale of the said farme unto the said Edmund Rise Senior and such other as he shall adjoyne purchasers with himselfe, to make or cause to be made a formall deed of bargaine and sale of the said farme unto the said Edmund Rise his partners and their Heyres, and that they may have the same Recorded according to Law. And forasmuch as since the aforesaid sale and covonant the said Henry Dunster is by Gods providence taken from this life, before legall deed and conveyance thereof made. And that he hath by his last will and testament in writeing appoynted us, Joseph Hills of Maulden, Edmund Frost of Cambridge, and Edward Collins of Meadford his Executors. As by the said Will and testament now in the custody of the Honourable Thomas Danforth Recorder of the County of Middlesex may and doth more at large appeare. Bee it therefore knowne unto all men by these presents that wee the said Joseph Hills, Edmund Frost, and Edward Collins aforesaid, on the request and demand of the said Edmund Rise as Executors unto the said Henry Dunster respecting the said farme, Have on the behalfe of the said Henry Dunster and his Heyres (and with the Assent and consent of Mrs. Elisabeth Dunster the relict of the said Henry Dunster) granted, bargained and sold . . . unto the said Edmund Rise and Benjamin Rise his sonne, and to their Heyres and assignes for ever, All the said farme—called and knowne by the name of the Pond farme aforesaid, being according to the intelligence and understanding bounded and lying between the two ponds, and bounding upon the farme given unto the wife of the aforesaid Henry Dunster deceased, namely Elisabeth sometime the relict of Joss Glover there where the two ponds come neerest together and so onward unto the brooke that runneth into the great pond at or neere the place where the said pond is fordeable, together with all the meadow land lying neere the said brooke on either side as it is mentioned in the grant of the General Court. And bounded with Sudbury Line, together with one parcell of meadow ground lying and being within Sudbury Line, all along on that side which lyeth toward Sudbury Towne, untill one come to the fence betwixt the little pond and Sudbury Line out of which part of the aforesaid brooke issueth; conteyneing ten or twelve acres which ten or twelve acres the said Henry formerly purchased of the said Edmund Rise, conteyneing in the whole six hundred acres more or less . . . In witnes whereof now the said Joseph Hills, Edmund Frost, and Edward Collins as Executors as aforesaid have hereunto put our hands and seales the twenty fourth of the fourth month, one thousand six hundred fifty and nine.
Signed, sealed and delivered in the presence of Daniel D. [Henebu?] in witnes of Mr. Hills
Joseph Hills and a seale
Edw. Collins and a seale
Edm. Frost and a seale
Mr. Edward Collins and Mr. Edmund
sealed and delivered this instrument of conveyance in presence of
Cambridge April 18th 1660
This witnesseth that I Elisabeth Dunster the relict of the within named Mr. Henry Dunster deceased do by these freely release all my right title and interest by virtue of the law of dower unto any part of the Lands conveyed by this deed and instrument of conveyance unto the within named Edmund Rise, and his sonne Benjamin Rise for witnes whereof I have hereunto put my hand and seale the day and yeare above written.
Elisabeth Dunster and a seale.
Signed sealed and delivered in presence of Samuel Groom. Andrew Belcher.
This instrument of conveyance is acknowledged by the within named Executors Mr. Joseph Hills, Mr. Edward Collins, and Edmund Frost and also the above named release by Mrs. Elisabeth Dunster (being examined apart) to be their responsible acts and deeds this 18th of Aprill 1660. as attests Thomas Danforth.
Entered and Recorded the 24th of January 1660. By Thomas Danforth. Recorder.
Edmund Rice granted to Henry Rice (date only 1659) “4 or 5 acres of Meadow Land at a place called
Edmund Rice “in consideration of valluable sum” conveyed to “Matthew Rise my sonne living in Sudbury 200 Acres upon Snake Brooke—bounded with Sudbury Line on the Northeast and Southeast, and Southwest upon the wildernes”—except 8 acres lying east of the [slippuck?], and 5 acres neare Sudbury Line. Also sells him 8 acres southeast of Indian head.
Dated 16 March 1663.
Henry Dunster Papers. This item consists of nineteenth-century transcripts of various records relating to Rice lands, to 1663. Sections containing legal phraseology common to all such documents have been omitted in this transcription; three dots, in italics, indicate such omissions.