10 Lease to Edmund Rice
[September 29 1647]
These presents witnes that wee John Glover of Harvard College in Cambridge in New England Student, and Henry Dunster president of the said College Father in Law,1 Guardian Elect, and Tutor to the Said John have lett to farme to Edmund Rice now of Sudbury husbandman John Glovers whole farme, lying abutting northward on the said Henry Dunsters Lands, Severed by Sudbury Line, and so on to Cochittuate brooke, wherewith it is bounded Southerly as with the Two ponds, and a fence to be made betwixt the ends of them, between the said John Glovers, and the said Henry Dunsters farme Easterly, and so all the Land encompassed eyther by the foresaid brooke or the great River westwardly with all the meadowes and other conveniences that do justly or can belong to the said farme, on the terme and conditions following.
Impr. That the said Edmund Rice shall have and hold to him his Heyres, Executors, Administrators and Assignes the premises from the 29th of September 1647 to the 29th of September 1657. The just and compleate Terme of ten years, free from all just title or claime by eyther Indians or English.
Item. That the said Edmund shall within the first 5 or 6 years, build one dwelling house on the premises 30 foote long, 10 foote high stud, one foot sill from the ground, 16 foote wide, 2 fire roomes, both below, or the one above, and the other below. All dores well hanged, and staires with convenient fastnes of locks or bolts, windows glased, and well planked under foote and boarded sufficiently to lay corne in, in the story abovehead, and the same keep in good and sufficient repaire unto the end of the said terme of ten years compleated.
Item. The said Edmund Rice within the said first 6 years shall build one barne, 50 foote long, 11 high on the stud, one foote above ground the sill, 20 foote if no leantos, or 18 foote wide with Leantoes on the one side, a convenient threshing floare between the doares, both theis buildings to be finisht within the first 6 years, and kept in good and sufficient repaire unto the end of the said terme.
Item. The said Edmund Rice shall breake up forty Acres of plow Land, and keep the same in good Tillage in forme following to witt that one 3d part shall successively every yeare be summer tilled, with two overturnings at the least, so that at the end of the Ten years, about 13 Acres tilt shalbe so left and 13 Acres of one years sowing and 13 or 14 Acres at the most of two years sowing, and the said forty Acres to be very well and sufficiently fenced from great and smal cattell and so left at the end of his terme.
Item. The said Edmund Rice shall sever the Lands of John Glover from the Lands of Henry Dunster, by a ferrow drawne where it can be, and by markt trees and stakes where it cannot, albeit the said Edmund Rice possesse both the Lands, And by a sufficient fence from great and smal cattell at the even charges of both partyes vallued by indifferent men, if the said Edmund Rice do not occupy Henry Dunsters Lands. Item. The said Edmund Rice shall sufficiently fence in neere to the said house, with in a bow shoot or lesse, one Acre and ½ of convenient Land for an orchard and garden, within five years of the date of these presents, to be planted by the said Edmund or his assignes, or John Glover or his assignes, for the use and benefit of the incumbants of the farme and shall preserve the said place from all dammages that any way accrue to the same in default of the fence, but not otherwise.
Item. That the fences already on John Glovers farme, between the great pond and the River, and between the meadows and Henry Dunster, and the east fence between John Glover and Henry Dunster, runeing from Sudbury bound to the little pond, the said Edmund Rice is to keep in good repaire as he hath them, when they shalbe vallued to him.
Item. That the said Edmund Rice shall pay 10 bushels of wheat at the end of the said terme of ten years to the said Glover or his assignes.
Item. That whether party forever violate these covenants the said party shall forfeit ten pounds to the Adverse party, and pay all just dammages the suffering party shalbe judged to have sustained. Finally it is Agreed that the said John Glover shall have liberty with any his freinds to goe through all or any part of his said Lands at any time whatsoever in the prosecution of any Lawfull or honest Recreations, of fishing, fowling or hunting, Provided he shalbe accountable for any dettriment he doth upon Cornefeild, neither shall the said Edmund nor any his Assignes dureing the said time make any waste of any timber upon the premises, save what himselfe shall need for the foresaid buildings and fences upon the premises, and for his owne convenient fireing, but none to sell or make any wilfull waste.
Sealed, Signed and delivered in presence of
Comfort Starr |
John Glover |
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Samuel Eaton |
Henry Dunster |
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Veru[m] Exemplar |
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T. D.2 |
and a Seale |