THE BELLAMY RIVER MILL SUIT. 91
It remains, therefore, for me to append such of the papers referred to as I have selected, with a line or two explanatory of their contents.
The case came on for trial before the justices and a jury at Portsmouth on the third day of September, 1719, less than three weeks after the writ was issued. The justices of the court of common pleas were Richard Waldron, chief justice ; and Shadrach Walton, James Davis, and Jotham Odiorne, associates. John Tuck, of Hampton, was foreman of the jury. The defendant pleaded " not guilty." There are no traces of counsel employed in the case. A mem- orandum of an authority from MSS. Cro. Jac, upon the edge of one of the papers, may have been made by one of the justices. There was an attorney- general in the Province for the prosecution of indictments, but private litigants were accustomed, in that day, to come in person into court and state their cases to the justices. The several witnesses were present and swore to the facts before the clerk, who reduced their depositions (or some one for him) to writing. The clerk certified to what the witness said ; but the witness himself, it seems, did not affix his name.
The plaintiffs claimed title from the town of Dover. They introduced a certified copy of the town records, — I. loth ist mo. 55, 56 : That no more grants should be made till all the grants already made are laid out. II. 10, i, 55, 56 : Ratifying grants previously made of land and timber by the tov/n or selectmen, " as also the bargain of Timber and land made with capt. Richard Waldren as by his deed appeareth bearing date 5, 10, 52." III. 9, 9, 57: Confirming grants that should be laid out by a date mentioned. Then followed the agreement of Waldron with the town of Dover for the building of the new meeting-house : —
" 5 th of the loth mon : ^2
Articles of Agreement betwixt M Richard Waldron of Cocheco of The one Partie and the f elect men of doner.
. That is to say M Vallentine Hill William furbur Henry Langstar William Wentworth in the behalf of them selves and the Towne of Doner doe giue grant Bargin and fell unto the afforef' M"" Richard Waldron his heires exec- utors Administrators or afifigns for euer all the Timber being and growing upon the Land on the South fide on belemies Banck ffrefhett excepting fifteen hundred trees granted to belemies bank mill Lying on the north fide of the Path from bellemies bank toward oyster Riuer unto M' Hills grant bounded half a mile to the eastward of Thomas Johnson's Creek with Liberty in the sd ffreshett aboue bellemies bank mill in Any Place there of to fett up mill or mills where he fhall fee fitt as allfo Three hundred Acres of Land for a farme in Any Place within the Tract of Timber affore mentioned to him and his heires and affisns for euor and Quietly to Injoy all the Premifes with out Any moUeftation us felect men in our owne names or in Any other by us In Confideration whereof the aifore f*^ Mr Richard Walden doth bind him felf his heires executor, to erect a meeting houfe upon the hill neer elder nutters the demen- tions of the f^ houfe is to be forty foot long Twenty six foot wide sixteen foot ftud with windowes Two doors fitt for such a houfe with a thite Couering and to Plast [ ?] all the wales : with glas and nailes fitt for it and to be finif hed betwixt this and Aprill next Com Twelue months which will be in the year 5^
Att A Towne meeting the fifth of the firft month 56 this bargain and sale aboue mentioned was voated the Towne act and Confermed unto him and his heires and afsigns for euor
A Trew Coppy Taken out of doner Towne book Aprill 29th 1719
Pr///o 77^///d' Towne Clark "
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