USA > Massachusetts > Hampden County > Springfield > Colonial justice in western Massachusetts, 1639-1702; the Pynchon court record, an original judges' diary of the administration of justice in the Springfield courts in the Massachusetts Bay Colony > Part 24
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[*15] August.7. 1641.
Know all men that whereas there is a mariage shortely intended betweene the widdow Horton and Robert Ashly both of Spring- feild: That the said widdow Horton in the presence of Robert Ashly doth assigne and set over her house and house lott conteininge about eleven akers and 4 akers of woodland afore the house Eastward all which is valued now at Twelfe pounds: and all her hogges litle and greate which are valued at eighteene pounds all together are valued at Thirty pounds into the hands of Robert Ashly for the use and be- hafe of her two sonns one sucking and the other about Three years ould caled Jermy to be paid to them that is to say to eather of them fifteene pounds apeice when they shall come to the age of Twenty and one yeares: and the said Robert is to have the use and profits of the said land and hogges for the educatinge of her said Two sonns: and when they shall come to the age of 13 or 14 yeares the said Rob- ert doth promise to put them out as apprentises to some usefull trade such as they shall like of: and if they cannot be put out with- out a portion of mony then so much is to be deducted out of their portion of 15f apeace as shall be indifferently judged fitt for their bynding out: and for the rest of the said 15f apeace the said Robert doth bynd himselfe his land goods and cattell to pay to them when they shall come to the age of .21 years: and in the meane tyme doth bynd himselfe to maintaine the present house and fencinge and if he shall leave it in better case than it is at present then he then shall injoy it shall pay such cost as shall be judged to make it better for his use by indifferent parties and if one of the two sonns of the widdow Horton shall die before the age of 21 yeares then the other shall have his portion also: And the widdow Horton being present before me at the wrighting hereof doth acknowledge that this is her will and meaninge and that she is fully consenting to what is above expressed and the said Robert Ashly being also present doth acknowledge that [* 16] he is fully consentinge to all that is above expressed: and uppon this their mutuall Consent I have given them leave and liberty to proceed in marriage when they please: and the Inventory of her goods I have hereunto annexed as they were apprised under the hands of Samuell Wright and Samuell Hubbard.
WILLIAM PYNCHON
211
PYNCHON COURT RECORD
An Inventory of the Goods and Cattell of the widdow Horton of Springfeild this first July 1641 we whose names are underwritten do value things as followeth
Imprimis for all her linnen brasse pewter beddinge vessels and other implementes 17£ . 0.0
her hoggs litle and greate as they were rated by
the appriser of the Towne Rate 18 .0.0
her house and houselot 12 . 0 . 0
Samuell Wright Samuell Hubbard
Robert Ashly was sworne Constable of Springfeild this 24 day of the 10 month 1641.
January the .5. January 1641 [1642].
Richard Hull of New Haven complaines against Thomas Merike in an action of the case for a Rugg which Thomas Merick had of his and for the use of certaine tooles which he kept a long tyme and for the charge of two journies which Richard Hull saith he made to Re- ceive his goods.
[*17] The Jury: Henry Smith, Elizur Hollihoak, Henry Burt, Samuell Hubbard, John Leonard, Samuell Wright.
Robert Ashly beinge Constable came not in a due tyme to make retourne of his warrant and therefore it is thought meete to fine him in the some two shillinges six pence: it being now past ten of the clock neer eleven and he was ordered to appoint the meeting at nine aclock.
The Jury find for [five lines deleted] the plainetife Mr. Thomas Maik detained the Augur about 6 weeks after he sent downe the rest of the tooles for which we find him in damages 3 shillings.
2ly for the plainetifes last journey we find in damage eight shil- lings and costs three shillings but for the Rugg we cleer the defend- ant of that for wee do not find that he had any charge of that Rugg neather is it proved that he had any use of it after he was released from his masters service:
January the 13. 1641 [1642].
Accordinge to order given by warrant to the Constable: the Jury appointed are present to try the Action that Henry Burt hath laid against Judith Gregory viz
Henry Burt Complaines against Judith Gregory in an action of the Case for breach of Covenant in Molestinge him in his daughter Sara[h] Burt.
212
PYNCHON COURT RECORD
The Jury are Henry Smyth, Elizur Holioak, John Leonard, Sam- uell Hubbard, Samuell Wright, John Dible.
Judith Gregory was 3 tymes caled by the Constable to answer the action abovesaid and she appeared not.
[* 18] A coppie of Record: of the last will and testament of John Searles of Springfeild dated the 21th day of the 10 month 1641 Re- corded this 20 of the 2d month 1642.
I John Searles beinge very sicke in body doe make my last Will and Testament in manner and fourme followinge first I give to my brother in law William Warrener my best coate and my cullored hatt: and whereas in some reckonings betwixt him and me he owes me betwixt three and fower poundes: if he pay fortie shillinges thereof I am content that all the rest shall be remitted: The rest of my estate I devide betwixt my wife and my child equally: and doe appoint that my wife shall have for her use till my child come to the Age of 20 yeares that portion belonginge to my Sonn John Searles in consideration of his maintenance and education Provided that be- fore she marry againe she shall give or in her behalfe cause to be given sufficient security for the payment of my childes portion which security shall be given to Mr. Moxon my brother Timothy Bawldwin and Samuell Wright whom I doe intrust to be overseers for the per- formance of this my last will:
witnesses hereof Henry Smyth, Elitzur Holioake
[*19] A Coppy of the Inventory of the Goods and Chattayles of the late deceased John Searle taken the 8 Feb: 1641 [1642].
Imprimis 8 goates at 15s peace
6. 0. 0
6 boardes and rackes at 4S
0 4 0
9 hogges at 11.
3 small piggs at 0
4 6
a hogg lent William Warrener 2 11. 9
1 hogg in salt and 2 flitches of bacon 5. 0. 0
2 caske at 6s, tubb at 4s and other small things at 3s 0 13. 0
4 blankets a rugg a koverlit a bed and boulster of flaxes and bedsted 6. 0. 0
wearinge apparrell
3. 1. 0
20. yard dowlesse
1 10 0
linnin sheetes and shurtes etc.
4. 2. 6
a black hatt 0
2 0
pewter
1 .5. 3
a pair gloves and a brish
0 2 0
4 traies 0 4. 6
PYNCHON COURT RECORD
213
tooles and Iron things
3. 4. 0
iron potts and other things 4 1
3 chistes with bootes and shoes
2 3. 0
peeces powder and shott
3. 1. 0
brasse kettles and skilletes
[2] 17. 0
a wheelebarrow
0
5 0
a canoe lock and chaine
1
2 0
sackes pease and other things
1 15. 4
6 bushells of meale at gs per bushell
0
18.
2 tubbes and 2 skins 0
3. 0
28 bushells corne at 25 4d per bushell 3.
5. 4
12 [illegible]
0 12 0
housing lotts fenceing [page torn] future dividends
35. 0 0
2 load of boltes
0 6 0
in debts that are owing from bretheren at Milford -4£
97. 14 0
prisers Henry Smyth Richard Sykes. R. S.
Sume 101 14. 0
[*20] Aprill 20 1642.
Know all men that whereas there is a mariage shortely intended be- tweene the widdow Searles and Alexander Edwards both of Spring- feild: That the said widdow Searles in the presence and with the full consent of the said Alexander Edwards doth accordinge to the last will and testament of John Searles deceased assigne and set over her house and houselottes and all other dividentes of land with all other moveables before mentioned in the Inventory or the value of them to George Moxon Pastor of Springefeld Tymothy Baldwin of Mil- ford and Samuell Wright of Springefeld for security of fifty pounds to be paid to the sonne of John Searles caled John Searles at the age of twenty yeares: viz. when the said child caled John Searles shall come to the age of Twenty years as is expressed in the said last will of his Father deceased: and in case the widdow named Sarre Searles shall die before the said legacy be paid to the said child or the over- seeres thereof above mentioned Then the said Alexander Edwards doe bynd himself in the some of one hundred poundes to see the said legacy performed to the said overseers above named: who have power accordinge to the last will to take care for securinge the said legacy to the orphan and in case the said Alexander Edwards doe not give sufficient security for the said legacy to the said overseers then they shall have power to re-enter the said house and land or to dis- traine other goods of the said Alexander Edwards to the full value of
214
PYNCHON COURT RECORD
the legacy in the behalfe of the said orphant: And the said widdow Searles being [*21] present before me William Pynchon at the wrightinge hereof doth acknowledge that this which is expressed in wrightinge is according to her mind and meaninge and that she is fully consentinge to what is above expressed: And the said Alexan- der Edwards being also present doth acknowledge that he is also fully consenting to all that is above expressed: and George Moxon and Samuell Wright are also present and doe consent to accept of the said security and doe also testifie that Tymothy Bauldwine of Milford doth fully repose his trust in them so farr and doth fully consent to accept of the security they doe allow of for the security of the said legacy for the said orphant: and uppon this their mutuall consent I have given them leave and liberty to proceed in marriage when they please:
[*22] August 3. 1643.
John Leonard was sworne Constable of Springfeild for the yeare insuinge and till another be chosen in place.
December .21. 1643.
Thomas Merick complaines in an action of the case against Rob- ert Ashley for kepinge a pig which Mr. Thomas Mericke saith is his.
The Jury Elitzur Hollioak, John Dible, Allexander Edwardes, Henry Burt, Samuell Wright, Samuell Chapin.
The Jury find for the defendant: they find the pigg to be his and they give 7s Costes to the defendant and for the witnesses 5s.
Feb. 8 1643 [1644].
Thomas Mericke complaines against Robert Ashly in an action of Revew about a pigg.
The Jury Thomas Cooper, John Dober, Benjamin Cooly, Rich- ard Sykes, William Branch, John Gorman.
The Jury haveinge bin held most what in hering the plea and the proofes till nere midnight desyred liberty not to bring in this verdict till an houer before sunnsett which was granted.
[*23] February 9th 1643 [1644].
Both plaintife and defendant mett at the tyme appointed and the Jury: and the plaintife desyred a further hearing before the Jury brought in their verdict: which was granted provided he could pro- duce any new profe or could nulifie any former allegation of the defendant.
And Goody Stebbing was herd what she could say uppon her oath:
215
PYNCHON COURT RECORD
The Jury returned this verdict: we find for the defendant The pigg to be his and we give him besides Ten shillings for costes and three shillings more for the Jury and Three shillings more for wit- nesses.
February 13. 1643 [1644].
Samuell Chapin was sworne Constable in the place of John Leon- ard who was put out of his place as a mark of disfavor for swearinge to a lie in the evidence he gave betweene Thomas Merik and Robert Ashly.
Aprill 10 1645:
John Dible complaines in an action of the Case against Morgan Johns for saying that John Dible said he was sorry that he did not make an end of his Cow.
The Jury are: Henry Smith, Thomas Cooper, Richard Sykes, Samuell Wright, Robert Ashly, and John Leonard.
The Jury find for the plaintife: and we give him in damages 15s Costes .6s.
[*24] the 12 day of the first month 1645 [1646].
James Bridgeman was Sworne Constable of Springfield according to the oath ordained by the Generall Court in the Bay.
This 2d of November 1647.
Thomas Stebinges was Sworne Constable according to the oath of the Generall Court: under Mr. Nowells hand.
Aprill 13. 1648.
These were sworne to be Freemen
John Pynchon, Elitzur Holioak, Henry Burt, Roger Pritchard, Sam- uell Wright, William Branch.
Aprill the 5 1649 These were sworne Freemen Thomas Cooper, Griffin Jones, Daniel Chapen.
Aprill .24th 1654.
These persons were (before us John Pynchon and Elizur Hol- yoke) Sworne to be freemen of this Jurisdiction Thomas Stebbins, John Lamb, Alexander Edwards.
Samuell Chapin, Richard Sykes made free in the Bay.
April 25 1656: these were Sworne Freemen
John Stebbinge, Robert Ashly.
216
PYNCHON COURT RECORD
March 23d 1656 [1657] beinge a Trayning day these tooke the freemens oath: Benjamin Parsons, Thomas Gilbert.
[The freeman's oath, as contained in the printed Laws and Liber- ties of 1648 (p.56) , read as follows.]
I (AB) being by God's providence an Inhabitant within the Jurisdic- tion of this Common-wealth, and now to be made free; do heer freely acknowledge my self to be subject to the Government thereof: and there- fore do heer swear by the great and dreadfull Name of the Ever-living God, that I will be true and faithfull to the same, and will accordingly yeild assistance and support thereunto, and my person and estate, as in equitie I am bound, and will also truly indeavour to maintein and pre- serve all the Liberties and Priviledges thereof, submitting my self unto the wholsom Laws made and established by the same. And further that I will not plot or practice any evil against it, or consent to any that shall so doe, but will timely discover and reveal the same to lawfull authoritie now heer established, for the speedy prevention thereof.
Moreover, I do solemnly binde my self in the sight of God, that when I shall be called to give my voice touching any such matter of this State, wherein Free-men are to deal, I will give my vote and suffrage as I shall in mine own conscience judge best to conduce and tend to the publick weal of the Body, without respect of persons, or favour of any man. So help me God etc:
May .1. 1648.
These are chosen to seale up the votes of the Freemen to one of the deputies of Roxbury Henry Smith and Samuell Chapen.
April 5 1649:
Henry Smith and Samuell Chapen now chosen to seale up our Freemens votes for magistrates and to send them seald up to John Johnson of Roxbury who is chosen for our deputy to the Generall Court.
[*25] Aprill 21. 1648.
Alexander Edwards complaines against Thomas Mericke in an action of the case for abusing his child named Samuell Edwards be- ing about 5 or 6 years ould the 14 of Aprill last.
The Jury Henry Smith, Thomas Cooper, Thomas Reeve, Wil- liam Branch, Benjamin Cooly, Samuell Chapin.
The witnesses John Mathews, Nathaniell Blisse.
They proved 3 batteries besides vilifieing words as hang him bet- ter kill him then he kill my child.
The Jury find for the plaintife damages 12s, costs 8s.
217
PYNCHON COURT RECORD
May 4 1648
Coe one of the Indians on the other sid did complaine against Francis Ball for striking of his wife two blowes with a stick. Francis Ball saith it was but two blowes with a litle shorte stick about two foote long and not so big as his litle finger and he strock her only on her beare skin coate.
I ordered him to pay her 2 hands of wampam but I also ordered that the boys that skared his cattell and hindered his cattell to pay 3 hands and when they paid the said 3 hands then Francis Ball should pay the two hands: he refused the said 2 hands and said he would give 2 blowes for it:
At the same tyme Coe desyred leave to plant corne in the Swamp over Agame River which was granted only for one yeare provided he would secure it against any cattell which he was entitled to doe or else if it were Spoiled he would aske nothing for it.
[*26] November .7th at a Court. 1648.
Thomas Mericke was Sworne Constable this present day [The re- mainder of the page is blank.]
[*27] At a Court this 6 February 1648 [1649].
Thes underwritten tooke the oath of Fidelity
Thomas Merick, Rowland Thomas, John Stebbinge, William Brookes, Nathaniell Browne, Thomas Cooper.
William Warrener, Robert Ashley, John Leonard, James Bridgeman, John Clark, Samuell Marshfield.
Rowland Stebbing, Jonathan Burt, John Herman, Nathaniell Blisse, George Langhton, John Mathewes, Thomas Sewell.
Richard Exile, Jonathan Taylor, Georg Coulten, Griffith Jones, Rice Bedorthe, Benjamin Cooly, Hugh Parsons, John Lumbard, Miles Morgan, Alexander Edwards.
March 23d 1655/56 being a Trayning day these underwritten took the oath of fidelity
Thomas Bancroft: John Stewart: James Warrener: Obadiah Miller: Symon Sackett: Nathaneel Burt: Hugh Dudley: Samuell Bliss: Wil- liam Morgan: Lawrence Bliss: Jeremy Horton: James Taylor: Ed- ward Foster: John Sackett: Josiah Chapin: Abell Wright: Richard Maund: John Riley: Anthony Dorchester: Francis Pepper: James Osborne: John Horton: John Earle:
And these underwritten did the same day before the Company affirme that they did on a Trayning day some yeeres past vizt. while Mr. William Pynchon was here in the Countrey, take this oath of fi-
218
PYNCHON COURT RECORD
delity, though their names be not on record: and therefore they were not willing to take the oath agayne: The persons were John Dumble- ton, Nathaniel Pritchard, Symon Bemon: Thomas Miller.
[The oath of fidelity, as contained in the printed Laws and Lib- erties of 1648 (p.56) , read as follows.]
I (AB) being by Gods provedence an Inhabitant within the Jurisdic- tion of this Common-wealth, doe freely and sincerly acknowledge my selfe to be subject to the Government thereof. And doe heer swear by the great and dreadfull Name of the Ever-living God, that I will be true and faithfull to the same, and will accordingly yield assistance thereunto, with my person and estate, as in equitie I am bound: and will also truly endeavour to maintain and preserve all the Liberties & Priviledges thereof, submitting myself unto the wholsome Laws made, and estab- lished by the same. And further, that I will not plot or practice any evil against it, or consent to any that shall so doe: but will timely discover and reveal the same to lawfull Authoritie now here established, for the speedy preventing thereof. So help me God in our Lord Jesus Christ.
[*28] Henry Burt was this day [November 7, 1648] sworne Clarke of the Band:
John Clarke is presented by Griffith Jones for leavinge A carrion by the brookside which was very offensive.
the 17. November 1648.
John Clark pleads that it was buried but uppon note of it he took it away for the swine had rooted it up: and by he pleads his case to remove it uppon the first notice I have passed it by: [The remainder of the page is blank.]
[*29] Aprill the 12th 1649.
Know all men that whereas there is a marriage intended to be this day sollemnised betweene the widdow Ball and Benjamin Mun of Hartford: That the said widdow Ball in the presence and with the consent of the said Benjamin doth condition to pay fourteene pounds in such pay as shall be estemed worth fourteene pounds to be paid to the two sonns of the said widdow that is to say eight pounds to Jona- than Ball now about 4. yere ould and six pounds to Samuell Ball now about the age of a yere to be paid to them when they shall accomplish the age of twenty yeres and in case either of them dye the other is to have all the said 14£: provided also that if the said Benjamin shall put out the said boyes to be apprentises to some trade then he shall lay out their said portions for their accommodation and so shall be freed of the said payment at 20 yeares of age and the said Benjamin doth acknowledge himself to stand bound in the some of 20f for the
219
PYNCHON COURT RECORD
true performance of the said conditions: and uppon this their agree- ment I do give them leave to proceed in mariage:
The marke of Benjamin Mun X in the presence of me WILLIAM PYNCHON
[Page 30 is blank.]
[*31] Att a court this 29 of the 3d month 1649.
Henry Burt was chosen Clark of the writts for this Towne. This day all the printed lawes were read: the whole Towne being present:
The perfectinge of the order about hogges and pigges is referred to the select Townsemen and to set down the tyme when they shall be yoaked and when they may go at liberty.
Hugh Parsons was complained on by the Constable for takinge Tobacco in the open street and James Bridgeman did testifie the same: he is therfore fined .1os and the Constable is to have the same.
Thomas Merick complaines against Richard Exile for taking to- baco in the open streete this 30 day of May 1649 but the lawes were published but yesterday and he not named to be present because he takes himself to be no inhabitant therefore I thought it fitt to make this a warning to him and others for after tyme except it appear that he knew of the order before hand and then he is to pay it.
[Four lines have been deleted.]
James Bridgman was Complained of by Hugh Parsons for takinge of Tobacco in his yeard without dores and is fined ios therfore.
[*32] May 29 and 30 1649.
The widdow Marshfeild Complained against Mary the wife of Hugh Parsons of Springefeild for reporting her to be suspected for a witch and she produced John Mathewes and his wife for her wit- nesses: who were examined uppon oath.
John Mathewes said that Mary Parsons tould him how she was taught to try a witch by a widdow woman that now lived in Springe- feild and that she had lived in Windsor and that she had .3. children and that one of them was married and at last she said it was the wid- dow Marshfeld.
The said John Mathewes answered her that he beleaved no such thing of her: but thereuppon said he Mary Parsons replied you need not Speak so much for Goody Marshfeild for I am sure (said she) she hath envied every womans child in the end till her owne daughter had a child and then said she their child died and their Cow died: and I am persuaded said she they were bewitched: and she said more- over it was reported to her by one in Towne that she was suspected
220
PYNCHON COURT RECORD
to be a witch when she lived in Windsor and that it was publikely knowen that the divill followed her house in Windsor and for aught I know said she followes her here.
Goodwife Mathewes saith uppon oath that when Goody Parsons came to her house she said to her I wonder what is become of the half pound of woll. Goody Parsons said that she could not tell except the witch had witcht it away: I wonder said I that you talke so much of a witch doe you think there is any witch in Towne: then said shee, and she came into my house while the wooll was a cardinge: who is it said I: she said that An Stebbinge had tould her in Mr. Smiths Cham- ber that she was suspected to be a witch in Windsor and that there were divers stronge lightes seene of late in the meddow that were never seene before the widdow Marshfeild came to Towne and that she did grudge at other women that had Children because her daugh- ter had none and about that tyme (namely of her grudging) [*33] the child died and the cow died.
Goody Parsons did stiffely denie the truth of their Testimonyes: but as the said witnesses had delivered their Testimony uppon oath and finding that she had defamed the good name of the widdow Marshfeild I sentenced her to be well whipped on the morrow after lecture with 20 lashes by the Constable unless she could procure the payment of 3f to the widdow Marshfeild for and towards the repara- tion of her good name.
The Sworne Presenter of the breach of order did this 30 of May present Mr. Smith, Mr. Holioak, Mr. Moxon, Thomas Cooper, Sam- uell Chapen, William Warrener, Robert Ashly, Serjant Merick, James Bridgeman, Samuell Wright, John Herman, Benjamin Cooly and George Coulton for the breach of a Towne order in leaving their oxen over the great River since the first of May last without a keper.
The Towne order makes each Teame liable to a fine of 5s per teame if Any do kepe oxen over the River without a constant keeper after the first day of May.
Mr. Smith, Mr. Holioak and Serjant Merik had teames there of 4 oxen a peace Mr. Moxon and Thomas Cooper one: Samuell Cha- pen and William Warrener one, Robert Ashly and James Bridgeman one, Samuell Wright and John Herman one, Benjamin Cooly and George Coulton one: in all 8 teames.
A warrant to the Constable for the taking up these forfeites and to pay them presently to the Towne Treasurer Mr. John Pynchon.
These dues belonging to the Towne were all released by the Towne. [Marginal notation.]
These said Teames did also trespasse Henry Burt in his marshe wheate which was valued by Richard Sykes and [*34] George Lanck-
221
PYNCHON COURT RECORD
ton to be to the value of 12 bushells in their best apprehensions: and they all were Content to refer themselves to my order for the severall proportions what every one is to pay.
I have considered of it and for want of proofe whose oxen did the damage in particular I have judged it most equall that all of said .8. Teames doe pay 1 bushell and halfe a peace the next winter by the first of December next. viz.
Henry Smith Elitzur Holioak
1 bushell and half
1 bushell and half
Serjant Merik
1 bushell and half
Mr. Moxon and Thomas Cooper
1 Bushell and half
Samuell Chapen and William Warrener
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