Jun 27. 1692
The disposition of Isaac commins sy{e}nr [= senior] aged about sixty
yers or thare abouts <h> who testyfyeth and saith that about
aight yers agon James how junr of ipswech. came to my hous
to borow a hors I not being at home my son isaac told him
{<?> my son told me wh<e>n i cam home} i hade no hors to ride on. but my son isaac
did tell the said how
that his father hade no hors to ride on but he hade a mare
the which he thought his father would not be wiling to lend
this being upon a thursday the next fr day being fryday I took
the ma{e}re and my self and my wif did ride on this maer abute
half a mile to an naighbours hous and home again and when
we came home I turnd the maer out the maer being
as well to my thinking as ever she was next morning it
being saterday about sun rising this said maer stood neer
my doore and the said maer as i did aperehand did <?> show
as if she head bin much abused by riding and here flesh
a<s> I thoug much wasted and her mouth much {read} semenly to
my aperehantion much abused and hurt with ye bride<l>
<b>its I seing ye maer in such a sad condition I toke up the
said maer and put her into my barn and she wold eate no
maner of thing as for provender or any thing wc i gave
her then i sent for my brother thomas andros which was
living in boxford the said anderos came to my hous. I not
being at home when I came home a litil afore night my
brother anderos told me he head giving <?> the said mear
somthing for the bots but as he could purseve it
did do her no good but said he I can not tell but she may
have y the baly ach and said he i wil try one thing more
<?> my brother anderos said he wold take a pipe of tobaco
and lite it and but [= butt] itt in to y the fu{n}dement of the mar
maer I told him that I thought it was not lawfull he
said it was lawfull for man or beast then I toke a
clen pipe and filled it with tobaco and did lite it
and went with the pipe lite to ye the barn then the
said and{e}ros used the pipe as he said before he wold
and the pip of tobaco did blaze and burn blew then I
said to my brother anderos you shall try no more it is not
lawful he said I will try again once mor which he did
and then thar arose a blaze from y the pipe of tobaco
which seemed to me to cover the butocks of the said mear
the blaz went up ward towards the roof of the barn
and {in} the roof of the barn thar was a grate crackling as if
the barn would have falen or bin bu{r}nt which semed so to us
which ware with in and som that ware with out the and we
hade no other fier in the barn but only a candil and a pipe
of tobaco and then I said I thought my barn or my mear
be must go the next day being Lords day I spoke to my brother
anderos at noone to come to see the said mear and said anderos
came and what h [= he] did I say not the same Lords day {at} night my
naig{h}bour John hunkins came to my hous and he and I went
in to my barn to see this mear said hunkins said and if I
ware as you i wolud cute of a pece of this mear and burn it
I said no not to day but if she lived til {tomorow} morning he might cut
of a pece [“p” written over “b”] off of<e> her and burn if he would presentely
as we hade spoken these words we stept out of the barn and
emedeiotly this said mear fell downe dade and never stured as we
[Lost]o{u}ld [= could] purseve after she fell down but lay stone dead
Isac Commings Senr declared: to ye Jury of inquest: that ye above
written evidence: is ye truth: upon oath June: 30th 1692
(Reverse)
Isaach Cumins
Deposition of Isaac Cummings Sr. v. Elizabeth How, June 27 and 30, 1692, Phillips Library, on deposit from the Massachusetts Supreme Judicial Court Archives, DEP 01, box 9, folder 1