USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 1
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BOSTON UNIVERSITY LIBRARIES
Mugar Memorial Library
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RECORDS AND FILES
OF THE
QUARTERLY COURTS
OF
ESSEX COUNTY
MASSACHUSETTS
VOLUME III 1662-1667
SALEM, MASS. PUBLISHED BY THE ESSEX INSTITUTE 1913
THOS. P. NICHOLS & SON CO. Printers Lynn, Massachusetts
F
RECORDS AND FILES OF THE QUARTERLY COURTS OF ESSEX COUNTY, MASSACHUSETTS.
COURT HELD AT HAMPTON, OCT. 14, 1662.
Jury of trials: Jno. Severans, foreman, Rich. Currier, Nathan Gold, Georg Goldwyer, James Pecker, Daniell Ela, Jno. Redman, Sam. Fogg, Tho. Warde, John Cash, Tho. Sleeper and Tho. Biggs.
Joane, relict of Vallentine Rowell, late of Salisbury, deceased, was appointed administratrix of his estate.
James Pecker v. Tho. Davis, John Hutchins and Daniell Hen- drick. Debt. Verdict for plaintiff. Mill at Haverhill mentioned. Dan. Lad v.
William Fifeild, assignee of Capt. Walter Barefoot v. Capt. Tho. Clarke and Mr. Antipas Boys, administrators of the estate of Mr. Vall. Hill. Debt of 50li. for physic and attendance upon Mr. Hill and family during his last sickness. Nonsuited.
Capt. Walter Barefoot v. Isaac Pirkins. Debt of 20li. Due to plaintiff for physic and chirurgical means and attendance upon defendant's two sons, together with his expenses at the ordinary while upon this business. Withdrawn.
Capt. Walter Barefoot v. Walter Tayler. For not building a vessel for him according to dimensions specified in writing under said Tayler's hand. Verdict for defendant. Appealed to next Court of Assistants. Capt. Barefoot and Rob. Tuck bound.
Walter Barefoot v. Ed. Colcord.
- v. - Drake. His farm mentioned .*
Stephen Kent v. Jno. Hutchins. Appeal from a judgment of the commissioners of Haverhill. Verdict for plaintiff, the reversing of the judgment.
Stephen Kent v. Willi. White. Appeal from a judgment of three of the five selectmen of Haverhill. Verdict for defendant. Ap- pealed to next Court of Assistants. Steven Kent and Jno. Godfrey bound.
*Writ: Christopher Hussey v. Abraham Drake; for taking away a cow from his farm; dated 30 : 3 : 1662; signed by Samuell Dal- ton, t for the court; and addressed to the marshal of Hampton.
+ Autograph.
(1)
2
HAMPTON QUARTERLY COURT
[Oct.
Christopher Palmer v. Ed. Colcord. For making way with a bay horse, with two wall eyes, a white blaze down his face and one white foot, in a fraudulent manner, etc. Verdict for plaintiff.
Robert Swan, assignee of Jno. Johnson v. Peter Nash. Debt. Which should have been paid Aug. 20 last in English goods or cat- tle. Verdict for plaintiff. Appealed to next Court of Assistants.
Isaac Colby v. Peter Nash. For not delivering a horse, accord- ing to agreement. Verdict for plaintiff .*
Anthony Tayler v. Joseph Davis. For not paying 4li. 8s. 6d.due for a bill which he received of Robert Jones in staves and heading. Verdict for plaintiff.t
*Writ, dated 16 : 3 : 1662, signed by Tho. Bradbury,# for the court, and served by Robart Haseltin, ¿ deputy constable of Rowley. David Haseltine deposed that Peter Nash came to the house of John Collby a week before last Salalsbury court and there Issack Collby and said Nash made an exchange of horses. Collby gave his horse to Nash, and the latter was to deliver his at the house of John Willem's at Havirel, sound in wind and limb, the Monday be- fore the court. Furthermore said Nash was to give said Collby 1000 merchantable white oak pipe staves to be delivered at a good landing place about Haverel, etc. Sworn in court.
Samuel Collby deposed that Nash said that the horse that Nash was to deliver to Collby, was well worth ten pounds, and that he could run as fast as most horses, etc. Sworn in court.
+Writ, dated 6 : 8 : 1662, signed by Samuell Dalton,¿ for the court, and served by John Johnson,¿ constable of Haverhill.
Robertt Jones, aged about twenty-nine years, testified that he delivered a bill to Anthony Taler to be paid at Quechesha and said Taler assigned the bill to Josef Davis, a cooper, at Puscataqee river. Deponent receipted the bill. Sworn in court, before Tho. Bradbury, rec.
Daniel Ela deposed that he met Anthony Talor at Rowley last May, who desired him to do an errand for him and that was to ask Joseph Davis to pay to Capt. Paul Whit four pounds which had been long due to said Talor. He accordingly asked Davis for the money and he acknowledged the debt. Sworn in court.
Abraham Drake deposed that two years since he went with An- thony Taylor to Puscataque on Yorke side of the river to Joseph Daveses, Taylor demanded the bill, and Davis owned it, but said he would go up to Peter Cofenes and bring his bill to Capt. Pem- linton and pay him there. Deponent and Taylor went to Porch- mouth and remained over night. Davis promised to be back again the next tide at Mr. Pemlinton's, but they tarried there some time and Davis'did not come. Sworn in court.
ĮAutograph.
3
RECORDS AND FILES
1662]
Abraham Pirkins v. Christopher Palmer. For forfeiture of a bond of 10li. Not standing to the award of an arbitration, Mr. Sam. Dudley, Jno. Gilman and Jno. Redman being the arbitrators. Verdict for plaintiff. Appealed to next court of Assistants. Chris- topher Palmer and Morris Hobbs bound.
Natt. Batcheller v. Francis Drake. Trespass. For mowing his marsh, carrying away his hay after being warned and going about to alter the title of his land. Verdict for defendant.
Humphrey Wilson v. Tho. King, Jno. Warrin and Jno. Gillman. For not keeping him from annoyance by water, according to cove- nant. Withdrawn.
Georg Walton's license, for keeping the ordinary upon the Great Island in Pascattoquack river until Dover court next, was renewed.
Willi. Fifeild was sworn constable for the town of Hampton.
Willi. Furbur and Richard Otis, having been formerly appointed administrators of the estate of Willi. Lemon, deceased, were ordered by this court to present an inventory of said Lemon's estate in Norfolk county at the next county court at Dover.
Mr. Husie and Mr. Stanian were sworn to end small causes for Hampton.
Robert Tuck's license was renewed to keep the ordinary for Hampton.
Ordered by this court that the selectmen of the town of Hamp- ton shall take the estate of Willi. Coul of Hampton, late de- ceased, and carefully preserve and improve the same; also to satisfy all for the diet and attendance on said Coul in his life time and to supply his wife, Eunis Coul, with such necessaries as she should need for food and raiment; also to give a true account of the expenses whenever the court shall ask for it, not- withstanding any writing that might appear under the notion of a will.
L. Challis and Rich. Currier were to make distribution of Vall. Rowell's estate to the widow and children, she to have one half.
Jno. Brown and Moses Cox were freed from military watchings and trainings, allowing 3s. 4d. per annum to the military company of Hampton.
Jno. Huggins v. Robert Smithe. Trespass. For running a ditch through his marsh and going about to alter the title of his land. Withdrawn.
4
IPSWICH QUARTERLY COURT
[Nov.
Allowed to the servants at Mr. Dalton's, 5s., and "28 1ª to ye ostler : ye mayd 28 : ye woman 2s"
A special warrant for Haverhill men was presented by the grand jury.
A rate to be made to defray county charges to the value of twenty or thirty pounds.
Willi. Fifeild appeared in behalf of Willi. Hams of Portsmouth in an action entered at Salisbury court, 1662, concerning a colt in controversy between said Hams and Capt. William Gerish of Nu- bery. Willi. Ham's attorney attended the court five days. Capt. Willi. Gerish was called three times but did not appear.
Passed to the treasurer : six shillings to Tho. Filbrick, 18s. to Will. Fuller for carrying the votes to Boston.
Jno. Redman v. Tho. Nudd. For turning swine into his corn when plaintiff was from home. To be tried next Salisbury court.
Ordered that 2s. 6d. be paid to Henry Green out of old Cole's estate for watching one day and one night with Eunice Coul.
COURT HELD AT IPSWICH, Nov. 13, 1662, BY ADJOURNMENT.
John Brabrooke of Newbury made a nuncupative will, which was proved in court, but named no executor. Court appointed Henry Short, yeoman, of Newbury, administrator of the estate.
Richard Kimball, presented for his well being dangerous, was discharged, it being now mended.
The town of Newbury was presented for the highway being in- sufficient for travellers. The court, having made an order about it the first session, further ordered that it be certified at Salem court that it was sufficient according to that order, under the same pen- alty expressed in the said order.
Execution, dated Oct., 1662, against John Mackcallum to satisfy judgment granted John Maxfield at Salisbury court of 11 : 2 : 1662, signed by Tho. Bradbury,* for the court, and served by John Kool- ba,* whom Abraham Drake,* marshal of Hampton, appointed his deputy. Robart Kinge mentioned.
Edmond Greenliefe had his goods attached by Nathaniell Boul- tor to answer at this court, and no attachment was returned nor action entered. This bill of twelve shillings allowed by the court, attest, Tho. Bradbury,* rec.
Peter Coffin deposed concerning the execution. Sworn at Salis- bury court, 8 : 2 : 1662, before Tho. Bradbury,* rec.
* Autograph.
5
RECORDS AND FILES
1662]
Mr. Jonathan Wade was licensed to sell strong water for a year, as the merchants of Salem, observing the order of the court made in March last.
Stephen Johnson and Elizabeth his wife, were fined upon their presentment for fornication before marriage, they having confessed.
Symon Chapman was fined upon his presentment of inhuman carriage about defiling a well. Part of the fine respitted until the court took further order.
Robert Rogers was admonished upon his presentment and was bound to good behavior.
Hester Bond was admonished upon her presentment and was bound to good behavior. John Bond, her husband, surety.
This court granted half a fifth part of a single country rate for defraying county charges, to be added to a fifth part granted be- fore, the bridge being chiefly intended.
The treasurer was ordered to pay Thomas Burnam and Walter Roper 3s. each for viewing the bridge near Richard Thurill's .*
Ossmand Dutch, being complained of for resisting the military officer coming to levy a fine for neglect of training, was fined 10s. and was ordered to pay witness fees of Clement Coldom and Thomas Millet.
Whereas there was a suit commenced by Mr. Nathaniell Salton- stall, attorney of his father, Richard Saltonstall, Esq., against Thomas Stace at the last Salem court, said Stace came before the Honered Magestrates Mr. Samuell Symonds and Major Genrll. Daniell Denison on Feb. 28, 1662 and acknowledged a judgment of 30li. to Mr. Nathaniell Saltonstall.
COURT HELD AT SALEM, 25 : 9 : 1662.
Judges : The Worshipful Mr. Simond Bradstreet, Major Genll. Daniell Denison and Maj. Wm. Hathorne.
Grand jury : Mr. Charles Gott, Henry Herrick, Antho. Buxstone, Jon. Neale, Tho. Rootes, Will. Flint, Henry Roades, Richd. John-
*Walter Roopert and Thomas Bornomt reported on Nov. 13, 1662, that they had viewed the bridge near Goodman Thirill's of Nubery and found it insufficient, the two ends lacked security against the ice and the - in the middle not being -, also there was a rail wanting on each side, from end to end.
+ Autograph.
6
SALEM QUARTERLY COURT
[Nov.
son, John Ramsdell, sr., Tho. Newell, Silvester Evely, John Bar- toll and William Allen.
Jury of trials : Lt. Tho. Putnam, Ens. Samll. Corning, Will. Dodge, sr., John Rayment, John Mansfeild, James Axey, John Peeresson, Theophilus Baily, John Burrell, Tho. Millett, Tho. White and John West.
William Carter v. Peeter Oliver. Debt. Due for wages, for his service performed in St. Laurence, on the back side of Newfound- land. Withdrawn.
John Godfery v. Jonathan Singletarye. Concerning a bond that plaintiff assigned him, which bond was due from Edward Clearke to said Godfery, and for refusing to give him security. Verdict for plaintiff, the defendant to give security .*
John Godfery v. Jonathan Singletarye. Debt. For withholding
*Writ, dated Oct. 8, 1662, signed by Edmond Fawkner,; for the court, and served by John Johnson,t constable of Haverhill, by at- tachment of defendant's land lying about a mile beyond the river called Hook's meadow river, and abutting the river Marimak on one end and joining next to Goodman Souhell on one side. The warrant was left at Jonathan Singelltary's father's house, where Jonathan resided.
John Godfery's bill of costs, going to Salisbury and Bostone, witnesses sworn before Mr. Bradstreet, etc., 2li. 17s. 8d.
Edward Youmans, aged about thirty years, deposed that he heard Godfre demand security of Jonathan Senlatary for the bond in controversy. Sworn, 21 : 9 : 1662, before Simon Bradstreete.t
Susana Singletary testified that "as I had ocasion to com by thomas lilford where he was at worke he said unto me wt will your sonn Jonathan doe wth godfre he is resolued to have him to courtt about the band of corn yt he had of him of clark & he saith he will haue me for a witnes about it nay said I it doth nott much trouble me for he has giuen him ye corn if he can git it of clarke can you witness yt he pmised to giue godfre security for ye band of corn Thomas lilford said nay I hard him speak of security but I doe not know for wt it was." Sworn, Nov. 22, 1662, before Simon Brad- streete.t
Execution, dated 29 : 9 : 1662, against Johnathan Singletarye in satisfaction of a judgment granted John Godfery at Salem court, 27 : 9 : 1662, signed by Hillyard Veren, t cleric, and served by John Johnson, t constable of Haverhill, deputy of Samuell Archard, t marshal of Salem.
t Autograph.
7
RECORDS AND FILES
1662]
50s. in silver delivered to defendant a year past. Verdict for defendant .*
Tho. Chubb v. Tho. Tuck. For not paying for or delivering a cow and 6s. 6d., according to agreement. Verdict for plaintiff.t John Rugeway v. John Roades. Debt. Due plaintiff from Henry Carter (late deceased), with his wife, whose goods said Roades took into his possession and disposed of contrary to law. Withdrawn.
John Rugewaye v. John Tomlin. For arresting plaintiff for a bond that had been tried in court and judgment passed and execu- tion granted upon the same. Withdrawn.
*Warrant, dated Nov. 20, 1662, signed by Richard Littlehale,# for the court.
Jonathan Singletary's bill of charges, 13s.
Susana Singletary, aged about forty-six years, testified that in her own house John Godfre assigned the band of corn, etc. Sworn, Nov. 22, 1662, before Simon Bradstreete.}
Edward Youmans, aged about thirty years, deposed that he met John Godfre the last spring with Johnathon Senltary coming out of Rouly, and deponent asked said Godfre to lend him five shill- ings and he said he could not for he had lent Johnathan Sengla- tary all the money he had, etc. Sworn, Nov. 21, 1662, before Simon Bradstreete.# On the reverse of this paper, "In Chearles- town."
Richard Singletary, aged about sixty-three years, testified, Nov. 22, 1662, that "as I was going to Salsbury this last munday past along wth John godfre he was in a great pashon against Jonathan Singletary att his hous a while agoe & I had forty or fifty shillings in mony about me & Jonathan would haue borowed it of me & I was two or thre times agoeing to lett him haue it but I considered yt I had often use for mony at law & so I did not lett him haue aney." Sworn before Simon Bradstreete.}
+Writ, dated 14 : 9 : 1662, signed by Hillyard Veren,# for the court, and served by Thomas Pickton,¿ constable of Salem, by at- tachment of the house of defendant.
Thomas Chubb's charges, 1li. 3s. 8d.
Agreement, dated June 26, 1662, made at Salem at the house of Mr. Jno. Gidney, between Thomas Chubb and Thomas Tuck, both of Basse river, that before Sept. 29, 1662, said Tuck should pay to said Chubb a young cow of three years old as good as the cow that his son lost, as two neighbors that knew the cow should judge, etc. This agreement was made upon advice of the witnesses, Thomas Marshal,# Joseph Armitage; and Oliver Purchis.#
į Autograph.
8
SALEM QUARTERLY COURT
[Nov.
Mr. Joseph Humfries and Mr. Edmond Batters, administrators of John Humfrie, Esq., deceased v. Mr. Edward Collins and Mr. Joseph Hill, executors of the will of Mr. Henry Dunster, de- ceased. For selling a windmill of said John Humfries, a farm in Lyn and a barn. Verdict for plaintiff, the farm to be delivered up, and to pay 40li. for want of the barn and milne. Appealed to the next Court of Assistants. Mr. Joseph Hill and Mr. Walter Price bound. Extract from an account produced in court by Mr. Joseph Hill, in the 28th line, namely, "to : soe much rec : of Mr Humfries 711 : 048 : 09d."'*
*Writ, dated 3 : 9 : 1662, signed by Hillyard Veren,t for the court, and addressed to the marshal general or constable of Maul- den.
Bond of Edw. Collinst and Joseph Hills .; Edward Mitchell- son, t marshal, mentioned.
Account of the mortgage, paper addressed "To His Reut and Dearly Beloved Freind M' Joseph Hills Senior in Maldon these prsent with trust."
The debt 80:00:00 Recd 60:00:00 & in rentes 24 : 04:09
To interrest at 8 p Cent. til
dec : 48 : 6 years $ 38:08:00
084:04:09
to interrest for 201i p Annº
til dec : 56 : 8 years 12:16:00
131:04:00
due to us on Ballance 046 : 19 : 03 onely what is recd by mr Dan- fort Since 1656 :
Count the Morgage to Ans the debt & interrest & so make good the mill at the Expiraccon of the Morgage Then it Stands thus : The Mill Sold at 60 : 00 : 00 want of Stock of 21 108 :00:00
years Amounts to 168:00:00
168:00:00
60:00:00
due to us on Ballance 108:00:00 only what is Recd since 1656 by mr Danfort.
Joseph Hillst Edward Collinst "Novemb. 22th 1662 I Fran : Ingole of Lyn, Tanner is Debitor tAutograph.
9
RECORDS AND FILES
1662]
for the farme Morgaged from m' Humphryes for the paying of a debt of 80li : 00 : 00." Creditor, by his first payt. for ye farme in Lin was in Spring 1648, 1li. 10s .; 2d. payt. made in mony & flax in Apill 1650 for 1649, 2li. 18s .; 3d payt. due in october 1650 he pd. ye 5th of 7ber 1650, 3li .; fower pounds of flax left at Br. Ushers, 5s .; monys receud ye 25th Apill 1651, 1li. 10s .; monyes received at Mr. Ushers 13th octob. 1651, 1li. 10s .; by a bill to Mr. Webs in octob. 1652, 2li. 16s. 9d .; provisions delivered to mee at Boston, 1653, 2li. 15s .; by the Cowe delivered to me in feb. 1654, 5li .; paid to Mr. Purchase for iron for the mill in 1656, 3li .; total, 24li. 4s. 9d. Copied from Mr. Dunster's book by Edward Collins .*
Bill of costs of Mr. Edmund Batter and Mr. Joseph Humfrey, for going to Salem, Cambridge, Boston, Cape Ann and Ipswitch, etc., 4li. 4s. 8d.
Account of the plaintiff's demands : For the windmilne, 100li .; barn, 30li .; seven cattle, 50li .; two oxen, four cows and one mare, 50li .; total, 180li. "As for ye eighty pounds yt some understand was Do from ye plaintiff : ye estate Dennied for that end : twenty one years was sufisient satisfaction."
Copy of petition of Increase Nowell, Wm. Hibbins and Henry Dunster, to the much honored magistrates at Boston, Tho. Dudley, Govr., Jo. Winthrop, Jo. Endecott, Herbert Pelham, Rich. Bellingham, Rich. Saltonstall and Samuel Symonds, that "whereas John Humphry late of lynn Esquire Borrowed of christopher chudleigh, servant to m' Dauis the sume of eighty pound in Cash for the repaying whereof the said mr Humphry passed ouer for Certaine yeares his windmill at Lynn wth a farme there & some Cattell thereon the which Cattell were sold away by some of his Agents & thereby the said farme made useless the mill also by reason of another watermill that was set up in the Towne being of litle use & no proffit in that place whe- the aforesaid mortgage is altogether Insufficient to pay in th- use of the said sume much lesse the stock whereupon M' oatly frequently solicited us that wee would giue way to the selling of the windmill; for the discharge of the aforesaid sume as farre as it will Goe. And hav- ing found us a chapman that was willing to giue the full worth of the same wee Could do no lesse than Assent unto his reasonable request but understanding that vnlesse yourselves doe Consent the sale of the said mill will be Invalid therefore albeit a Contract wth Samuell Bennet of lynn be made for the same mill yet before wee do fully ratify & Confirme it vnto him wee humbly desire your Assent unto the said sale. Wee doe Conceive that it will be to mr Humphrys advantage (& that web wee are perswaded he will Allowe of) that the mill should be presently sould to help redeeme the land mortgaged." Copy made by Edward Rawson,* recorder.
Copy of a lease, dated Oct. 25, 1641, given by John Humfrey of
*Autograph.
10
SALEM QUARTERLY COURT
[Nov.
Lynn, Esq., to Mr. Increase Nowell, of his farm and house, land and mill in Lynn, for twenty-one years, provided he pay from the profit of the farm to Mr. Joseph Davis the sum of 80li. Wit : Rob. Thomson and John Bulkley. Copy made by Edw. Rawson,* recorder.
Copy of indenture, dated 20 : 8 : 1647, between Increase Nowell of Charls Towne, gentleman, and Henry Dunster, president of Harvard Colledge of Cambridge on one part and Francis Ingolls of Lynne on the other part, the lease of the farm that was lately Mr. Humfreys in Lynn, lying between the windmill hill and the Lady Moody's farm, together with the barn, for fifteen years, said Now- ell and Dunster, being guardians to the children of Mr. Josse Glover, who had interest and title therein, at three pounds per year in wheat and barley, at 4s. per bushel, delivered at Meadford house twice each year, the first payment to be in 1648; if Mr. Humfrey's land be redeemed before 25 : 8 : 1662, said Ingolls was to be reimbursed for all repairs, etc. Copy made by Edward Raw- son,* recorder.
Samuell Benet's* agreement, dated 13 : 10 : 1644, to pay 60li. in three years for the windmill that stands on Sagamore hill in Lin, if he sold it within that time, otherwise to have four years in which to pay the price.
On the reverse of the foregoing paper:
A bill delivered came to 5li. 19s. 8d .; dial cordium, 7s .; Dial cordium, 7s .; syrup of Corall, 2s. 8d .; populron, 3d., box, 1d., 4d .; borax, 5d., Juice of Liquerish, 6d., 11d .; total, 6li. 17s. 7d. Re- ceived, 6li. 10s .; remaining, 7s. 7d., to me Robert Cooke .*
"Sam. Bennets subscription for ye windemill Benets subser. for Lin Mill 16$ 8d of this for Br Harris."
Francis Ingols, aged about sixty years, testified that the farm he had held for several years past lay waste and unimproved for about six years before he entered upon it. Deponent further testified that there had been a water mill in the town of Linn for about twenty years for the grinding of corn, which the town generally made use of, and that he knew of no stock of cattle of Mr. Hum- phrey's at any time on the farm as was expressed in the mortgage made by Mr. Humphrey, neither before nor since his improvement of the said farm. Sworn in court.
Clement Cooldome, aged about thirty-seven years, deposed that Mr. Humfrey's windmill was worth one hundred pounds sterling when Mr. Henry Dunster possessed it, and was used in the town of Lyn more than any other mill, the water mill being frozen up in the winter time, and in summer there was not water enough to drive the same. Also, that when Mr. Humfrey's mill was sold, the town was put to such a straight that it was forced to build another tide mill. Sworn in court at Ipswich, Sept. 30, 1662, before Rob- ert Lord,* eleric.
*Autograph.
11
RECORDS AND FILES
1662]
John Waldron v. Richd. Rowland. Trespass upon his swine. Verdict for defendant .*
Daniell Salmon, aged about fifty-two years, deposed that Mr. John Humfrey built the windmill and placed it on Sagamoore hill in Lyn, and when Mr. Dunster sold it, it was as fit for use as when first built. Sworn in Ipswich court.
Edward Richards, aged about forty years, deposed that when he was Mr. Humfrey's servant, he had charge of the windmill, etc. He further deposed that Mr. Humfrey left on his farm at Sago- moore hill two oxen, four cows and one mare when he went away and that the farm was in the possession of one Goodman Harper. Sworn in court at Salem, 26 : 9 : 1662, before Hillyard Veren,t cleric.
Thomas Coldom, aged about sixty years, deposed that he tended Mr. Humfrey's mill two or three years off and on, as he could conveniently, and that it was as good and fit for use as when first built, except some small repair of the sails. This could not have made the mill so unfit for service as to be pulled down and carried away, for it was strongly built and good stones belonged to it, and he knew it to be worth one hundred pounds sterling, for he himself was a miller, both here and in old England, and knew what be- longed to a mill. The mill did not stand more than two or three years after deponent left tending it. He further deposed that he kept mills in old England and to his knowledge never kept a better one, and he would have given by the year to Mr. Humfrey five pounds and considered that he had a very good bargain. Sworn in court.
Henry Collins, aged about fifty-five years, deposed that when the mill was taken away he and his neighbors were forced to carry corn to Salem to grind, the other mill in Lyne sometimes being dried up in summer and in winter frozen. Sworn in court.
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