USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 6
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Edward Sawer, aged about sixty years, and John Watson of Rowley, aged about twenty-four years, deposed. Owned by de- fendant in court.
*Copy of the papers in the case tried before Wm. Hathorne:t
Writ: Mr. Edmund Batter v. John Putney; trespass; for coming upon said Batter's marsh and mowing his grass; dated, Aug. 11, 1668, signed by Hiliard Veren,t for the court.
On 24 : 6 : 1668, Wm. Hathorne gave judgment for plaintiff, and John Putney appealed to the next Ipswich court. Josua Buffam bound.
+ Autograph.
#Autograph and seal.
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RECORDS AND FILES
1668]
Richard Swan v. John Morgan. For taking away John Hutt- son. Verdict for plaintiff, the boy to be returned .*
Edm. Batter appointed Christopher Waler his attorney, 24:6:1668 in the actions between himself, Jo. Putney, Jno. Burton and Foster.
Benjamin Felton, aged sixty-four years, and Christopher Waller, aged forty-four years deposed that they saw Jno. Pudney mow, Jno. Burton, jr., pitch and John Foster, jr., load and carry away grass and thatch on Mr. Batter's marsh. Sworn, 11 : 6 : 1668, before Wm. Hathorne, t assistant.
John Pudney's reasons of appeal: That the question was on the title of land and beyond the power of their magistrate; that John Smith, who employed him to work for him, was the owner of the land; that the land is judged to be worth three times what they took it for, etc. Received, 23 : 7 : 1668, by Wm. Hathorne .; Copy made by Wm. Hathorne.t
Mr. Batter's bill of cost, 8s. 2d.
Edmund Batter'st answer: That there was no need to prove the title, and a magistrate could try a land case as well as any other, etc.
John Foster, sr., and John Foster, jr., deposed that Benjamin Felton, being at Major Hawthorne's when John Pudnee was summoned, said that he did not know the marsh, never saw it nor knew where it was until his cousin told him, etc. Sworn, 28 :7 : 1668, before Wm. Hathorne,f assistant.
*Writ: Richard Swan v. John Morgaine, commander of the Bristow ship, now lying in Marblehead harbor; for taking away John Hutson, servant of said Swan, and detaining him; dated 24 : 6 : 1668; signed by Hillyard Veren,t for the court; and served by Henery Skerry,t marshal of Salem. Bond of John Morgant and Moses Mavericke.t
John Gedney, aged about sixty-four years, deposed that he heard Mr. Morgan say that he had taken his cousin from Mr. Swan and delivered him to Mr. Oliver Purchas to take into his custody. Sworn, 21 : 7 : 1668, before Wm. Hathorne,f assistant.
Charles Browne, aged about forty-two years, deposed that he heard Goodwife Lambert of Rowley say that she sold John Hud- son, her boy, to Richard Swan of Rowley for fourteen pounds to be paid in wheat and barley. Also that he heard John Hudson say that Richard Swan was to buy him and he rejoiced much at it. Sworn in court.
Walter Price, aged about fifty-five years, deposed that on 16 : 7 : 1668, he was summoned to appear before the Worshipful Major Hawthorne to testify concerning Mr. Morgan's reputed cousin. That when Morgan delivered the boy to Purchase, he asked him whether he would go with his old master Mr. Swan or
tAutograph.
54
IPSWICH QUARTERLY COURT
[Sept.
Wm. Knowlton v. Thomas Whittred and Florance, his wife. Appeal from a judgment of Mr. Samuell Symonds. Verdict for defendant .*
his new, Mr. Purchase, and the young man chose Mr. Purchase, so Mr. Swan came away and left the young man there. Sworn, 16 : 7 : 1668, before Wm. Hathorne,f assistant.
John Cook, aged about twenty years, deposed that hearing people talk at his master's gate, he saw a man they called Morgan take a boy in the street, whom they called John Hudson, etc. Sworn, 16 : 7 : 1668, before Wm. Hathorne,f assistant.
Henery Skerry, aged about sixty-four years, and Richard Swan, deposed. Sworn, 21 : 7 : 1668, before Wm. Hathorne,f assistant. Richard Swan's bill of cost, 1li. 18s. 8d.
Beriah Browne of Rowley, aged twenty years, deposcd. Sworn in court.
Indenture, dated Dec. 1, 1664, John (his mark) Hudson,¿ son of John Hudson of Bristol, Eng., aged about twelve years, with the consent of Mr. William Woodcocke of Salem, to whom he was committed in trust, bound himself to John Hutchinson of Salem husbandman, for eight and one-half years. Wit: Benjamin Feltont and Edw. Norice.t
On Dec. 17, 1667, John Hutchsont of Salem made over the boy to Richard Swone of Rouly, with the full consent of John (his mark) Hudson of Rouly. Wit: Richard (his mark) Huchinson and Thomas Hale.t This assignment was allowed by Samuel Symondst and Daniel Denison.t
*Copy of the papers in the case tried by Samuel Symonds:t
Summons, dated Sept. 14, 1668, to Thomas Whitred and wife Florans, on complaint of William Knowlton for slander, said Florans having reported that Knowlton stole money out of her house.
Alice Perry, Richard Lea and Joseph Knolton deposed. Sworn, Sept. 21, 1668, before Samuell Symonds.t
Florans Heart deposed that one morning when her mother was absent, Knowlton came to their house and asked what she would give for a handkerchief. She answered that she had nothing to give but shillings and if he would give her six pence she would give him one shilling, which she did. She could not get the six pence and Knowlton threw the handkerchief at her and said if she would not have that she should have nothing. Then she brought forth a little box in which were four shillings and two two-pence and half a crown, all of which Knowlton had in his hand. After- ward he asked what she would give for his knife and said she could have it for the two two-pence and the six pence. When she
tAutograph.
İSeal.
55
RECORDS AND FILES
1668]
Administration having been granted to Abigaill Lambert, widow of John Lambert, and an inventory brought in and sworn by said widow at Ipswich court, Nov. 14, 1667, amounting to 541li. 19s. 7d., and there being two children left, a son and a daughter, court ordered 240li. to the son in the land as appraised at the age of twenty-one years, and 120li. to the daughter at the age of eighteen or marriage with her mother's consent. The widow was to have the rest and if she married again, security should be given for the payment of the daughter's portion.
Richard Watters was licensed to sell ale and beer at Salem by retail for a year.
Abraham Perkins was licensed to still strong waters for a year and not to sell contrary to law.
Will of Gyles Birdley was proved and inventory received.
George Flint made choice of Nath. Putman as his guardian, who gave bond.
Joseph Pike was allowed clerk of the writs at Merimake village.
Thomas White, appealing from the judgment of court in his action with Mr. Antipas Newman and not prosecuting, was fined.
Thomas Hobbs, presented for excessive drinking, was fined.
John Leeds, presented for absence from meeting, was admon- ished.
Wm. Pilsbury of Newbury took the freeman's oath.
opened the box again, she missed a shilling but did not ask him for it because she supposed he was an honest man. All of this testimony, Knowlton denied.
On Sept. 21, 1668, Samuell Symonds found for the plaintiff, William Knowlton, and damages of 5s., "unless she doth acknow- ledge that she hath slandered the said Knowlton now before all this company." Said Knowlton appealed to the next Ipswich court. Thomas and John Knowlton bound.
William Knowlton's reasons of appeal: That "ye greatness of ye slander being charged with theft on ye Sabboth day & in so publig a maner before many people with great outrage & rayling so that I did not thinke myselfe suffitiently satisfied, neither my name vindicated by what Mr Symonds did award." Received, Sept. 22, 1668, by Samuell Symonds .* Copy made by Samuell Symonds .*
Thomas Whittridg's answer to the reasons of appeal.
*Autograph.
56
IPSWICH QUARTERLY COURT
[Sept.
Cornett Whipple took the freeman's oath.
Caleb Hopkinson chose his brother Jonathan Hopkinson as his guardian, who gave bond.
Edward Smith chose Leonard Haryman as his guardian, who gave bond.
Mehittabell Brabrooke, complained of for suspicion of setting a house on fire, being convicted of extreme carelessness if not wilfully burning the house, was ordered to be severely whipped, and to pay 40li. damage to Jacob Perkins .*
*Examination of Mehitabel (her mark) Brabrooke, aged about sixteen years, taken Aug. 15, 1668, before Daniel Denison :; "On Thursday last was seauennight, her master Jacob Perkins and his wife being gone to the Towne, shee was left at home alone about 2 or 3 aclocke in the afternoone she was taking tobacco in a pipe and went out of the house with her pipe and gott upon the ouen on the outside & backside of the house (to looke if there were any hogs in the corne) and she layd her right hand upon the thatch of the house (to stay herselfe) and with her left hand knocked out her pipe ouer her right arme upon the thatch on the eaues of the house (not thinking there had been any fire in the pipe) and imediately went downe into the corne feild to driue out the hogs she saw in it, and as she was going toward the railes of the feild towards Abraham Perkins house shee looked back, saw a smoke upon her Mrs house in the place where she had knocked out her pipe [torn] which shee was much frighted, and went into the sd Abraham Perkins [torn] to intreat her to helpe her about a kettle of cloathes, and [torn] kins sent her to their barne to call her mayd to come and looke to {torn] child whilest shee went to helpe this examinate and when [torn] wth the mayd the sd Goodwife Perkins & I this examinate went [torn] towards my in' Jacob Perkins house in the way wee saw the smoke [torn] the house & then ran and coming to the house found the fire [torn] in the place aboue the ouen where I knocked out my pipe [torn] I ran for a paile of water but before I could gett out [torn] well the thatch flamed & for want of Ladders & helpe being rem [torn]the house was burned downe, being demanded, why upon her first seing of the smoake she did not acquaint Goodwife Perkins she sd she was loath to fright her, and being asked why when she first saw it, shee did not goe backe to quench it she answered shee was so frighted shee durst not, she further sth as shee was coming wth Goodwife Perkins toward the house she sd to the sd Goodwife Perkins why doe the woods looke blew beyond our house & sd their was a great smoake behind their house." She further tes- +Autograph.
57
RECORDS AND FILES
1668]
Wm. Marchent dying intestate, administration upon the estate was granted to Mary Merchant, widow, and an inventory of 132li. being presented, court ordered that the estate be divided, half to the widow and the other half to his son-in-law and daughter, Henry Ossborne and Mary his wife.
Upon complaint of divers inhabitants of Topsfield, Rowley Village and Wills Hill that by reason of the mill dam at Ipswich the passage of alewives had been wholly hindered for several years so that they had been deprived of the benefit of fishing, and con- sidering that the course of the fish might be wholly diverted from the river, ordered that the owners or occupiers of said mill from the first of April each year until the middle of May leave open a free and sufficient passage of water through said dam.
tified that about an hour before the fire kindled on the house, the chimney was on fire a little above the wing at which she was frightened, but she quenched it with lye she had upon the fire in a kettle of clothes. She was committed to prison, Aug. 15, 1666, not having bail ready.
Brabrocke bound for his daughter Mehitabel's appearance at the next Ipswich court.
Abraham Perkins, aged about twenty-nine years, and John Willyston, aged about twenty years, deposed that they heard Mehitable Brabrooke acknowledge that she put her tobacco pipe into the fire and dipped up a coal in it to light it, etc. Sworn in court.
Hannah, wife of Abraham Perkins, deposed that she went with Mehitabel Brabroock to the house and looked up into the cham- ber through the boards that lay very open on the side where the smoke was. When Mehitabel brought the water from the well, deponent got upon the oven and threw water there but it was so long before the water was brought that the fire spread. She looked into both chimneys and saw no appearance of fire, only a few brands ends nearly dead under a great kettle hanging in the chimney, etc. Sworn, Sept. 29, 1668, before Daniel Denison .*
Timothy Bragg, aged about seventeen years, deposed. Sworn in court.
John Williston, aged about twenty years, deposed that he and Mehitabel were going to the meadow to make hay before the fire, when she told deponent that her mistress was angry with her, but she had "fitted her now", for she had put a great toad into her kettle of milk, etc. Sworn in court.
Goodwife Brag testified that at her house she heard Goodwife Brabrock say that Mehitabell was a filthy, unchaste creature.
*Autograph.
58
IPSWICH QUARTERLY COURT
[Sept.
Five shillings were given to the house.
On Dec. 19, 1668, the Worshipful Mr. Samuell Symonds and Major Genrll. Daniell Denison, with the clerk present, granted administration on the estate of William Whittred of Ipswich to his son Thomas Whittred, who was to bring in an inventory. On Jan. 14, 1668, they granted administration upon the estate of Thomas Maning to two of his sons, Thomas and John Maning, who were to bring in an inventory.
Inventory of the estate of Wm. Cottell of Newbury, taken, Sept. 28, 1668, by Benjamin Roaf and Anthony Sumerby: House- hold furnishings, utensils, silver porringer, wine cup, three silver spoons; debts in New Yorke and New Jarsye and in cattle there, 140li .; wearing apparel, debts in Newbury; a neger maydservant, 6li .; total, 202li .; debts owning, to Joseph Downer, Samuell Moody, Benjamyn Roafe; total, 10li. 10s. He left four children, the youngest a son and another expected. Court ordered the estate to remain in the widow Sarah Cottle's hands, she to ask a division by the court if she married again. [Original on file in the Registry of Probate.]
Inventory of the estate of Nathaniel Perley who deceased Apr. 29, 1668, taken May 26, 1668, by Isaack Foster and Nehemiah Abbott: A frame almost fitted for raising, 5li .; domestic animals, a pike and gun, land, debts due, etc .; total, 133li. 2s. 6d .; debts due from the estate, to the physician, lli., funeral expenses, 2li., to Francis Wainwrite, 4s. 51/2d. Sworn in court by Alen Perley, administrator. [Original on file in the Registry of Probate.]
Will of Gyles Berdly of Ipswich, dated July 18, 1668, and sworn in court by the witnesses, Thomas Knowlton, sr., and Jacob Fos- ter: That all former engagements by his uncle, deceased, be ful- filled; to wife Rebecka his house and ground, use of barn, etc., during her life, and at her death, to eldest son Andrew, the house and land at home and abroad, but should he die without issue, to son James, and should the latter die childless, to son John; the wife was to dispose of the household goods and the remainder of his estate he left to son Andrew; Theophilus Willson, executor, and Deacon Knowlton and Jacob Foster, overseers. Wit: Thomas Knowlton, sr., and Jacob Foster, who made oath in court. [Original on file in the Registry of Probate.]
Inventory of the estate of Giles Berdly of Ipswich, taken August 7, 1668, by Robert Lord and Robert Pearse: Dwelling
59
RECORDS AND FILES
1668]
house, barn and homestead, 50li .; twenty-eight acres of land, · domestic animals, wearing apparel, household furnishings, mus- kets, bandeleers, sword, powder, bullets, tools, utensils, bible, grain, an iron foot, 4 occumy spoons, etc .; total, 261li. 4s. Sworn in court by the executor. [Original on file in the Registry of Probate.]
Inventory of the estate of Wm. Marchent, late of Ipswich, taken Sept. 4, 1668, by Moses Pengry and Edward (his mark) Lomase: Wearing apparel, house, barn, orchard, land at Plumb Island, household furnishings, new cloth, utensils, domestic ani- mals, grain, cheese, apples, total, 135li. 19s. [Original on file in the Registry of Probate.]
Will of Richard Longhorne of Rowley, dated Feb. 10, 1668, and proved in court by Mr. John Ward: To daughter Elizabeth, a double portion, who with his brother Thomas Longhorne, were appointed executors; if Elizabeth died without issue, one-half of the estate given her, was to be given equally to his other three daughters; to servant, Samuel Wood, 10li., and if the latter's father Obadiah Wood be willing that his son serve out his time with testator's brother John Johnson of Rowley, 10li. more be given him; if Samuel died before his time was out, the 20li. to be divided among his children; the remainder of the estate to be divided equally. John Pickard, John Johnson and James Bayley of Rowley, overseers. Wit: Anthonie Crosbie, Daniell Ela and John Ward, who made oath in court. [Original on file in the Registry of Probate.]
Jonathan Platts deposed that going to Haverill when Richard Longhorne was sick, with John Pickard, he left the latter on this side the river and went over with the daughter of Richard Long- horne to see him and told him his brother Pickard was on the other side. He told deponent that he was very glad of it, for he had a great desire to speak with him, that he knew not how God might dispose of him and he desired deponent to come to him again when his brother came over the river. And so coming to him again, his brother being with him, and he, having told his mind to his brother Pickard, the latter told Longhorne that he would relate what he said to deponent for fear of spending him. Concerning his children's disposal, John Pickard said to leave them to the disposal of their grandmother to which Longhorne replied that he would and also to their two aunts, and that he would
60
HAMPTON QUARTERLY COURT
[Oct.
have them advise with Goodwife Bayly who was a good woman, whom he believed loved them well. This was about three years before he died. John Pickard affirmed the same. Sworn, 30 : 1 : 1669, in Ipswich court.
Anthony Crosbie deposed that being in Haverill when Richard Longhorne made his will, before Mr. Ward wrote it, said Long- horne was very desirous that his brother Thomas Longhorne should be one of his executors. But Thomas was not willing to serve, pleading his unfitness on account of living so far away, etc. Sworn in court.
Daniell Ela deposed that he heard Longhorne say that he de- sired his brother to take his smaller children and estate, etc. Sworn in court.
Inventory of the estate of Richard Longhorne, appraised Mar. 24, 1668-9, by John Tod, Ezekiell Northend and Samuell Brocklebanke: Wearing apparel, household furnishings, silver, pewter, glass, tools, household utensils, grain, hops, domestic ani- mals, dwelling house, brew house, orchard, 67li., Newmarshes lot, land bought of Thomas Abbott, land at Cow bridge, gate land, 6 gates, Merimacke land, land at the great plain, land bought of Thomas Dickanson and John Scales, land in Shatswell's meadow, meadow at Newbury causeway, salt marsh on southeast side of Mr. Nelson's Island, marsh at Hogg Island; total, 732li. 11s. 1d. Sworn, Mar. 30, 1669, by Thomas Longhorne and Elizabeth Longhorne, executors. At court held Sept. 29, 1674, more was added to the inventory. [Original on file in the Registry of Probate. ]
COURT HELD AT HAMPTON, 13 : 8 : 1668.
Jury of trials: Jno. Severans, Wm. Buswell, fine remitted, Bartholemew Heath, Jno. Haseltine, Jno. Bonde, Mr. Ed. Good- win, Tho. Barnard, jr., Jno. Fulsham, sr., Wm. More, Wm. Sam- borne, Tho. Lovett, Natt. Batcheller, Ric. Olliver and Edw. Goe.
Grand jury: Leift. Sweat, Ed. French, Jno. Stevens, Jno. Islly, fined for non-appearance, Ric. Currier, Jno. Weed, Jno. Robison, Jno. Samborn, Isaac Perkins, Jno. Cass, Moses Cox, Tho. Whit- tier and Peter Eyer, fined for non-appearance.
Rie. Mercer v. Mr. Edward Goodwyn. Withdrawn .*
*Writ: Richard Mercer v. Mr. Edw. Goodwin; for not satisfy- ing him for work done about a vessel of defendant's now upon the
61
RECORDS AND FILES
1668]
Capt. Walter Barefoot v. Jo. Feild, Jno. Roberts and Jno. Smith. Debt due upon bond to prosecute an appeal from the last court of associates holden at Portsmouth. Verdict for plain- tiff.
Capt. Barefoot v. Mr. Andrew Wiggin. Debt. Due in pine or oak boards for which Mr. George Person, plaintiff's attorney, sued. Special verdiet found.
Natt. Weare, administrator of the estate of Francis Swaine v. Jno. Cleford. Trespass. For elaiming title to eighteen aeres of salt marsh which was Francis Swaine's, and mowing down the grass, said marsh lying on the south side of Fals river in Hamp- ton, adjoining the marsh that was Edw. Coleord's, now in the hands of Christo. Hussey. Verdict for defendant. Court did not accept the verdict.
Jeams Kid and Georg Vezie, administrators of the estate of Ed. Eurin v. Jno. Bray. For not satisfying him for certain goods and provisions delivered him. Verdict for defendant. Court did not accept the verdict.
Nicholas Smith v. Nie. Leeson. For mowing his flats near the meadow in the Great Cove and carrying away his thatch. Ver- diet for defendant.
Mr. Sam. Dudley v. Ralfe Hall, Jno. Robison and Nic. Leeson in behalf of Exeter. Debt. Upon account of rates to said Dud- ley from the town within the year 1667. Verdict for plaintiff.
Rodger Collins v. Henry Lamprey, sr. Debt. To be paid in staves. Verdict for plaintiff.
Henry Roby, attorney, and Abr. Drake v. Jno. Fulsham and Jno. Warrin. Forfeiture of a bond. That the order of last Salisbury court had not been performed by Mary Fulsham, sr., nor by her sureties, Jno. Fulsham and Jno. Warrin, which was that said Mary was to pay to Henry Roby, attorney for the town of Hampton, 18li. Verdiet for defendant.
Rob. Wadly v. Capt. Barefoott. For breach of covenant in not giving plaintiff a deed of sale according to law for one-half of 640 acres at Lamprey river, which plaintiff bought of defendant
stoeks at Salisbury new town, one half to be paid in money and the other half in goods and provisions, as per bill to Mr. Nath. Green; dated June 11, 1668; signed by Tho. Bradbury, for the court; and served by Robert Jons,* constable of Amsbery, by attachment of the ship upon the stocks.
* Autograph.
62
HAMPTON QUARTERLY COURT
[Oct.
May 11, 1666. Verdict for plaintiff. Capt. Barefoot was ordered to give to plaintiff "such a deed as ye learned in law shall judg authentick" before the end of court or to pay 800li. Court did not concur .*
Jno. Hutchins v. Mr. Cutt and Capt. Pendleton, in behalf of the town of Portsmouth. For not satisfying him for building a meeting house at Portsmouth to the value of 140li. Withdrawn.
Jno. Hutchins v. Mr. Ric. Cutt, in behalf of the town of Ports- mouth. For not satisfying him for work that he did for Mr. Moodie's house and the seats in the meeting house and the cano- py, to the value of 61li. Withdrawn.
Rodger Collins v. Georg Vezi and James Kid, administrators of the estate of Edw. Eurin, deceased. Debt. Due for services for the said estate.
Mr. Jno. Barsham v. Wm. Fifeild. Debt. For keeping school in Hampton in 1661 and 1662. Verdict for plaintiff.
Nat. Weare, administrator of the estate of Franeis Swan v. Henry Green. For not satisfying a debt due to said Swaine to be paid in good English money payable in England as per bill dated May 2, 1655. Verdict for defendant.t
Scamon v. Henry Sherborn. Withdrawn.
Jno. Weed v. Capt. Pall White. For taking away white oak pipe and hogshead staves and white oak heading and converting them to his own usc. Verdict for plaintiff.
Jno. Weed, assignee of Sa. Winsly v. Capt. Pal White. Debt.
*Writ: Robert Wadleigh v. Capt. Walter Barefoote; for not making good land bought of defendant at Lamperele river, com- monly called Mr. Symonds' falls, and for not securing plaintiff from Mr. Samuell Symonds, jr .; dated 16 : 8 : 1668; signed by Samuell Daltonį for the court; and served by Abraham Drake,# marshal of Hampton. Bond of Walter Barefoote,¿ Hen. Green- landį and Ralph Hallt of Exeter.
Writ: Capt. Walter Barefoot v. Robert Wadlidg; for refusing to give security for payment of a bond, dated Jan. 20, 1667; dated 14 : 8 : 1668; signed by Tho. Bradbury,# for the court; and served by Abraham Drak,¿ marshal of Hampton. Bond of Jonathan (his mark) Thing and Robert Wadleigh.#
+Benja .- and John Cass deposed that the administrator of the estate demanded of Henery Greene the bill, ete. Owned in court by Henry Greene.
¿ Autograph.
63
RECORDS AND FILES
1668]
Paid by his order to Capt. James Olliver in boards at Boston upon account of Sam. Winsly. Verdict for plaintiff .*
Ralf Hall, Jno. Robison and Nic. Leeson, in behalf of the town of Exiter v. Mr. Edward Hilton, sr. For not paying 5li. per year for two years in 1667, due by order of the town and his own premises toward the minister's maintenance, for the rent of the saw mill at Pascasit. Verdict for plaintiff.
Natt. Boulter v. Natt. Fursham. Debt. Verdict for plaintiff.
Natt. Boulter v. Henry Lamprey. Debt. Verdict for plaintiff.
Natt. Boulter v. Edw. Colcord. For cutting and spoiling a parcel of timber, drawn to build a frame on the westerly side of mill brook in the winter of 1666. Verdict for plaintiff. Appealed to the next Court of Assistants.
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