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 25
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1 bushell and half
Robert Ashly and James Bridgeman
one bushell and half
Samuell Wright and John Herman one bushell and half
Benjamin Cooly and George Coulton
one bushell and half
[*35] December 2 1649.
Joseph Parsons Complaines against Thomas Sewell for failinge in the payment of a debt of 40s now 2 yeres: at first it was said Par- sons for a bargaine of land that he had of me: but according to his desyer I released him of that bargaine but then by a new bargaine he was to pay uppon the Release of the former bargaine 40S.
Thomas Sewell saith that he was to pay him 4os uppon the Re- lease of the said bargaine:
Joseph Parsons requiers damages for the forbearance and for Trouble of two witnesses viz Hugh Parsons and Serjant Merik for which I doe order the said Sewell to pay him 4s and the said Sewell doth promise to pay the said debt and damages being 44s by the latter end of February next: which Joseph Parsons is Consenting to:
[Page 36 is blank.]
[*37] At a Court this 5 February 1649 [1650].
John Mathewes Complaines against Hugh Parsons in an action of the Case for not restoring his mony which he hath paid towards the building of his Chimnies: which he hath neclected to doe. The bill of particulars of his debte is 1f 14s 6d.
Joseph Parsons Complaines against Rice Bedornie in an action of Trespasse for pulling downe his fence against his hay Rick in the long meddow. [One line has been deleted.]
The Jury Eliztur Holioak, Thomas Reeves, Leiftenant Henry Smith, Benjamin Cooly, Deacon Wright, Thomas Stebbinge, excep- tions was made against Some and others were enterlined in there Rome.
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PYNCHON COURT RECORD
[The names of Miles Morgan, Deacon Chapin, Richard Sykes, and Thomas Cooper are deleted.]
Rice Bedornie complaines in an action of the case against Joseph Parsons for unjust possessing of his land in the long meddow and was admitted to try his case in forma pauperis.
The Jury find the first action for John Mathewes Plaintife
the debte
1 14 6
Charges 0 10 0
damages
0 10
2 .5.6
The Jury find the 2d action for Joseph Parsons plaintife
damages 0.5 .0
Cost
0 .10 .0
The Jury find the 3d action for Joseph Parsons the defendant damages 12d Cost for witnesse 12d.
[*38] Serjant Merik Constable did by warrant atach certaine goods of Nathaniell Brownes in the hands of Thomas Miller the next day after the date of the warrant which was dated the 21 of the .1. month 1649 [1650].
The goods he attached were 1 brasse bottell
1 iron pott
2 pewter platters 2 earthen dishes
Walter Fyler appeared this 7th of May 1650 to prove his Debt he took his oath to his book of accountes that Nathaniell Browne of Springfeld was indebted to him as followeth
whit starch 0 2. 8
2 pounds Reasens [illegible] 0 0 10
30 pounds Sugar at 16d per pound 2 0 0
vinegar 11 pintes this was feched by Miles
Morgan for Nathaniell Browne as he testi-
fied uppon oath. 0 3. 3
wine and cakes 6d another tyme caks 4d 0. 0 10
2. 7. 7
To be paid in wheat the Spring following: and the said wares now delivered nere .3. year since
he saith he Received of Goodman Watts 0 16. 0
so resteth due to Walter Fyler 1 11. 7
Also Anthony Dorcester testified this 7th May 1650 uppon oath that he went with Walter Fyler to Nathaniell Brownes house a litle before his going away: and that the said Nathaniell Browne did then promise in his hering to bring downe corne for his debt to Goodman
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PYNCHON COURT RECORD
Fyler which I apprehended was 10 bushells of wheat and deliver at Mr. Hills landing place in Windsor for Walter Fyler.
[*39] June 10. 1650.
Having herd the Case in difference between Thomas Miller and Nippinnsuite [?] Jones: Mr. Moxon beinge present Thomas Merick, George Coulton, Thomas Cooper and John Pynchon and with their advise I have judged Thomas Miller to receive 15 lashes for the breach of the pece in striking at the said Indian with the butt end of his gunn.
This whippinge was before the execution bought of by payinge downe 4 fathom wampam.
To Thomas Merick Constable of Springfeild
By virtue hereof you are to make inquiry amonge our Indians on the otherside what Indian hath broken open Rowlands house and taken away her best redd kersy petticote and some linin in a Baskett and you are to bringe the Indian before me or the goods if he make an escape that they may be delivered to the owner: Springefeld this 20 July 1650
WILLIAM PYNCHON
If you find him at Woronoco you may persuade him to come and push him forward to make him come, but in case you cannot make him come by this meanes, then you shall not use violence but Rather leave him. Springefeld the day abovesaid.
WILLIAM PYNCHON
The Indians name is Munnuckquats of Hopauntaunck neer New Haven.
On the 23 of July 1650 Attumbesund of Woronoco and divers other Indians came to my house to excuse himself from blame in the said businesse: and that it was not he that did hinder the English from takinge away the prisoner but others of Ausatimik and other places that were many in opposinge and he durst not oppose them he found them and their prisoner: etc. I tould him that the English came to him as Friends and desyred him to let them have the pris- oner, in a friendly way and because he being the Sachem [*40] did not only forbeare to speak but at last was Content that the prisoner should escape and in so doing he was to be accounted as one with the guilty person: he desyr he should live but desyred that his friends the English should be [illegible]: I tould him also that after the Eng- lish had bound him with their cords (seeing others did hinder them from) they gave the end of their cords into his hands and praed him to kepe him till they went here and tould Mr. Pynchon and because he was content that other Indians should hinder the English: not
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PYNCHON COURT RECORD
[illegible] to them [illegible] and because he was content therfore should Proper Justice therefor I looked for satisffaction at his hands.
Thereuppon he praid me to Speak with him in private and tould me that he would put 3 fathom to the Corte: I tould him it was to litle but if he would put 5 fathome to the Corte I would take it and then all should live both Woronoco and the English: so after some pawse and conference together they gave me 5. fathome which I gave Rowland Thomas and his wifes Coate and willed him to pay out of it those that also paid him in this business:
I have put Goodman Coopers relation of their carriage of the Businesse among the last papers in this book.
[This relation is not found in the Record.]
[*41] July 28 1650.
Hugh Parsons and John Lombard testifi uppon oath that as they were warding the Sabbath day was Senight befor they saw Samuell Terry standing with his face to the meeting house wall nere the coner of the meeting house next the street chafing his yard to provoak lust, even in sermon tyme: and because they said they had kept it private I gave him private Correction with a rod on his bare back .6. lashes well set on.
[The bottom half of the page is blank.]
[*42] Whereas Hugh Dudly of Barnett did covenant promise and grant to and with William Pynchon of Springfeild in New Eng- land merchant his Executors and assignes from the day of the date herrof being the 29 April 1650 untill his first and next arivall at Boston in New England and after for and duringe the tearme of five yeares: The said William with the Consent of the said Hugh Dudly hath assigned and set him over to Mr. Henry Smith of Springfeild for the said tearme of .5. yeeres: and the said Mr. Henry Smith doth hereby promise to allow him three pounds and ten shillings per yeare to find him apparell: and to endevor at the end of his tyme to pro- vide him a convenient allottment of land in witnesse whereof the parties above named have set to their hands this 9th day of Septem- ber 1650. and his landinge at Boston was the 2d July 1650.
WILLIAM PYNCHON the marke of Hugh X Dudley HENRY SMITH:
witnesse ELITZUR HOLYOKE. RICHARD MAUND
Memorandum that the said Indenture is delivered into the Hands of Mr. Henry Smith the day abovesaid,
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PYNCHON COURT RECORD
[*43] Whereas James Wells of Barnet did covenant promise and grant to and with William Pynchon of Springfeild of New England merchant his executors and assignes from the day of the date hereof beinge the 22 day of Aprill 1650 untill his first and next arivall at Boston in New England and after for and during the tearme of nine yeares: The said William with the Consent of the said James Wells hath assigned and set him over to Mr. Henry Smith of Springfeild for the said tearme of nine yeeres and the said Mr. Henry Smith doth hereby promise to find the said James meate drink apparell and lodging with other necessaryes during the said tearme and at the end of the said tearme to pay unto him the sume of fifty shillings in mony or the true value thereof in such Comodities as the country doth af- ford as it is specified in his said indenture: In witnesse whereof the parties above named have sett to their hands this 9th day of Septem- ber 1650. and his landinge at Boston was the 2d July 1650.
Witness ELITZUR HOLYOKE:
RICHARD MAUND
WILLIAM PYNCHON the mark of James X Wells HENRY SMITH:
Memorandum that the said Indenture is delivered into the hands of Mr. Henry Smith the abovesaid day being the 9 September 1650.
[Page 44 is blank.]
[*45] Whereas Edmund Foster alias Edward Foster of Barnett did covenant promise and grant to and with William Pynchon of Spring- feild in New England merchant his Executors and assignes from the day of the date hereof being the 22 of Aprill 1650 untill his first and next arivall at Boston in New England and after for and during the tearme of nine yeeres: the said William with the Consent of the said Edward alias Edmund Foster hath assigned him and set him over unto Mr. Elitzur Holioak of Springfeild in the Massachusett Colony and the said Elitzur Holioak doth hereby promise to find the said Edward Alias Edmund Foster meate drink apparell and lodging with the Necessaries during the said tearme and att the end of the said tearme to pay unto him fifty shillings in mony or the true value thereof in such comodities as the Country doth afford as it is speci- fied in this said Indenture where he hath bound himself by the name of Edmund Foster. In witnesse whereof the parties above named have set to their hands this 9 September 1650: and his landing at Boston was the 2d July 1650.
Witness HENRY SMITH: RICHARD MAUND
WILLIAM PYNCHON EDWARD FOSTER ELITZUR HOLYOKE
226
PYNCHON COURT RECORD
Memorandum that his Indenture is givenen into the hands of Mr. Elitzur Holioak this 9th September 1650.
[Page 46 is blank.] [*47] October 15. 1650.
Know all men that I Samuell Terry with the consent of my pres- ent master William Pynchon of Springfeild gentleman have put my self an apprentense to Benjamin Cooly of Springfeild weaver his heires and assignes to serve him or them in any kind of Lawfull Im- ployment that the said Benjamin Cooly shall command me for and during the space of three yeeres 6 monthes and some odd dayes from the Tyme of the date hereof: In consideration whereof I the said Benjamin Cooly doe bynd myself my heires and executors to pay unto the said William his heirs or assignes the some of nine pounds viz fifty shillings at the 10 day of Aprill next 1651. and fifty shillings more at the 10 day of Aprill 1652 and fifty shillings more at the 10 day of Aprill 1653 and Thirty shillings the 10 of Aprill 1654 at the house of the said Mr. Pynchon in good and merchantable wheat at foure shillings per bushell or in sound merchantable pease at three shillings per bushell moreover I the said Benjamin Cooly doe bynd myselfe my heires and assignes to pay unto the said Samuell Terry now assigned and set over unto me as abovesaid, fifty shillings in mer- chantable wheat and pease at the prise abovesaid for his first yeeres service and fifty shillings for the 2d yeere and fifty shillings for the 3d yere and for the last halfe yeere and some odd days thirty and five shil- lings and also in the said space to find the said Samuell Terry meate drink and lodginge fitting as servants ought to have: and also I doe hereby bynd myselfe to instruct him and teach him the trade of linnin weaving accordinge to the use of it in this [*48] Towne of Springfeild provided he will be willinge and carefull to learne it:
This Nine Pounds due for Samuell Terrys tyme was sattisfied Mr. Pynchon according to ingagement: in specie: Per me JOHN PYNCHON [Marginal notation.]
And the said William Pynchon doth promise to the said Samuell Terry for his better incoragement to remitt his last yeeres service which he is bound by his Indenture made in England to serve him more than is expressed in this present agreement with Benjamin Cooly, and doth also freely give him all the apparell that he hath at present both wollen and linnin and doth also promise to give him Twenty shillings more in such necessaries for apparell as he shall call for in his first yeares service with Benjamin Cooly: and the said Sam- uell doth bynd himself to be dilligent in service to the said Benjamin
227
PYNCHON COURT RECORD
and not doing him any damage accordinge to his Covenantes ex- pressed in his Indenture to the said Mr. Pynchon which said Inden- ture the said Mr. Pynchon doth assigne set over and deliver into the hands of the said Benjamin Cooly for the use and behoof of himself or of any of the said persons mentioned in this Contract untill the said Samuell shall have performed the said service of 3. year 6 monthes and odd dayes from the date hereof: and for the sure Rat- tifienge of the said Agreement the said Mr. Pynchon hath Entered this agreement in his book of publik Records and also all the foresaid persons have hereunto set their hands this present 15 day of October 1650.
witnesse RICHARD MAUND JOHN BENHAM
SAMUELL TERRY The Mark of Benjamin X Cooly WILLIAM PYNCHON
[*49] Memorandum that it is agreed by the parties expressed in the said Indenture that in case the said Samuell Terry dye in the tyme of his first yeeres service with the said Benjamin then the said Benjamin is to pay only 5f to Mr. Pynchon at the yeares end: and that if he dye after the first yeere and before he hath served 3 yeeres then he is to pay half of that which remaines to Mr. Pynchon.
Also it is mutually agreed that whereas the said payments is ex- pressed to be made in sound merchantable wheat or pease: yet if payment be made in any other thinge that the said Mr. Pynchon or Samuell Terry shall accept it shall be accounted a fulfillinge of their Covenant.
Memorandum that the 20s above promised to Samuell Terry is paid him this 25 October 1650 in a new hat and band 0 10 .0
in a moseskin 0. 10 .0
[Pages 50 to 53 are blank.]
[*54] A Coppy of our Comission:
For asmuch as there is a present necessity that some Care be taken respecting the Case of Springfeild they being destitute of any Mag- istrate: etc.
It is ordered by this Court and the authoritye thereoff, That John Pynchon, Elitzur Holyoke, and Samuell Chapin, of Springfeild afore- said, for this yeare ensueing or till the Court shall take further Or- der, Shall hereby have full Power and Authority to Governe the In- habitants of Springfeild and to heare and determine all Cases and offences both Civill and Criminall, that reach not to life, Limbs, or Banishment, according to the Laws here established, provided that
228
PYNCHON COURT RECORD
in matters of weight or difficulty it shall be Lawfull for any party to appeale to the Court of Assistants at Boston, so as they prosecute the same according to the order of this Court provided also that theire tryalls be by the oaths of Sixe men If Twelve cannot be had for that service and the said John Pynchon, Elitzur Holyoke, and Samuell Chapin have Power to give Oaths to such Constable or Constables as shall be Legally Chosen, and to examine witnesses as any one Magis- trate may doe:
By the Court etc:
The Oath:
Wee John Pynchon, Elitzur Holyoke, and Samuell Chapin Com- missioners for the Towne of Springfeild By order of the Generall Court, Doe here sweare by the Living God that we will truly In- deavour to our best abilitys to demeane ourselves in our place ac- cording to the laws of God, and of this Jurisdiction and that we will dispence Justice on all occasions proper to our place and cognizance equally and Impartially during our aboade in this Jurisdiction, and continuing in Commission as aforesaid, so help us God in our Lord Jesus Christ: This oath is to be taken before the Select men of Spring- feild, Before the Commission takes place: By the Court Edward Rawson: Secretary.
November 22th 1652.
John Pynchon, Elitzur Holyoke and Samuell Chapin Commis- sioners as abovesaid, tooke theire Oath before the Selectmen of Springfeild.
[*55] November 22th 1652.
John Stebbins was Chosen, and sworne to the office of a Consta- ble in the Towne of Springfeild for the yeare ensueing, and till a new be chosen in his place:
Consideration being had, How necessary it is that some set time be appointed for the Hearing and determining of differences or of- fences that may arise in this Towneship:
Wee therefore appoint the first Thirsday in March, and also the first Thirsday in September for that worke, and shall attend them as Court days for that end and purpose:
[*56] March the .3d day, 1652/53.
Richard Sikes the sworne presenter for this Towne; doth present Reice Bedortha for Breach of an Order of General Court, namely, For Taking of Tobacco on his Hay Cock: Also Benjamin Mun, for the same offence:
229
PYNCHON COURT RECORD
We find them Gilty of the plaine breach of the law, which re- quires them to pay 10s a peice only Richard Sikes who Informed, be- ing to Receive halfe the fine, he releases them of that So that we or- der each of them to pay .5s according as the Law requires: which is to be paid to the Deacon for the use of the poore.
Margarite the wife of Griffith Joanes being presented for breach of a Towne Order, in Carying fire we find not her excuse sufficient, and therefore adjudge her to pay .5s to the Towne Treasurer:
James Bridgeman was chosen and sworne to the office of a pre- senter in the Towne of Springfeild for the yeare ensueing: etc.
[*57] November .1st 1653.
William Warrinar was chosen and sworne to the office of a Con- stable in the Towne of Springfeild for the yeare ensueing and till another be chosen in his roome:
Jonathan Burt was only chosen for deputy in case of the consta- bles absence.
Richard Sikes was Chosen and sworne to the office of a Sealer of weights and measures in the Towne of Springfeild.
November .1. 1653.
The persons underwritten being presented for breach of Towne orders are ordered to pay: as followeth
Hugh Dudly 0. 01s. O Thomas Merick 0. 10. 0
Samuell Wright 0 02. O Deacon Chapin 0 01. 0 Widdow Bliss 0 01. 0
James Bridgman 0. 00. 6
John Leanord 0 00. 6
[Page 58 is blank.]
[*59] November 26th. 1653.
William Brookes for defrauding sundry persons in withholding from them, and converting to his owne use the goods of severall per- sons was adjudged to make sattisfaction to the Sum of .18£ (besides the principall which (amounts to 9f the which is restored) he being unable to pay the said sum of 18£ aforesaid was comitted to the cus- tody of the Constable.
But this .1st day of December .1653. John Stebbins, Mistress Smith and Fraunes Pepper Ingages for him that he shall sattisfie the persons he hath wronged to the sum aforesaid by Michalstide next, whereuppon he is released from the Constables Custody only he is
230
PYNCHON COURT RECORD
not to depart out of the Towne till Michalstide that he have sattis- fied the said sum:
[Page 60 is blank and the next leaf has been cut out.]
[*61] Att a Court holden for the tryall of Causes: March. 2d 1653 [1654].
Margarett Bliss Widdow complaynes against Thomas Mirack in an action of the case for not performing the determination of cer- tayne men chosen to Arbitrate a matter in difference betweene her and him, concerning ditching and quick Setting a hedge in the Med- dow of the said Margarett Bliss:
The Jury George Colton, Rowland Thomas, Miles Morgan, Griffith Jones, Robert Ashley, and Anthony Dorchester.
The Jury returne this verdict: they fynd for the Plaintiffe vizt the debt of 4£ 7. 6d to be due and 8s for forbearance withall that Thomas Mirack pay the cost of the Court:
Jonathan Taylor and Anthony Dorchester beinge presented for not wardinge on the Lecture day beinge February 9th 1653 [1654]. Jonathan Taylor pleadinge his inability of body at that tyme for the service was freed: And Anthony Dorchester acknowledginge his of- fence and with all his plea beinge considered was judged to pay 25 6d: which the Constable is to Levy for the use of the watch or ward:
Widdow Bliss complaynes against Anthony Dorchester in an ac- tion of the case for damage done in her Indian corn by his swine: The Jury Benjamin Cooley, Rowland Thomas, Robert Ashley, Thomas Cooper, Miles Morgan, Griffith Jones.
The Jury fynd for the defendant that widdow Bliss shall pay the charge of the Court:
[Five lines on pages 61 and 62 are crossed out, possibly by a later hand; the remainder of page 62 is blank.]
[*63] At a Courte holden the 24th day of the first Month 1654 [1655].
This Court was holden for the tryall of Samuell Wright Junior who is charged by Mary Burt to be the father of her illegitimate child:
The said Samuel desired to be tryed by a Jury of 12 men: tryall was made accordingly: The Jury were these Richard Sikes, John Dumbleton, Benjamin Cooley, Alexander Edwards, George Colton, William Branch, Miles Morgan, Anthony Dorchester, Griffith Jones, James Bridgman, Joseph Parsons and David Chapin:
The verdict of the Jury: Wee fynd Samuell Wright Junior guilty of committinge wickedness with Mary Burt in havinge the use of her
231
PYNCHON COURT RECORD
body 3 severall tymes, whereby wee fynd him to be the father of the said child:
Whereuppon the said Samuell Wright was ordered and adjudged to be the reputed father of the said child: And for his evill behaviour therein to be whipped with 12. stripes on the naked body well layd on: And to pay the charges of the Court, and towards the maynte- nance of the said child to pay after the rate of One shillinge foure pence per week makeing payment every month, dureinge the tearme of Seaven yeares, and at the end of Seaven yeares to pay Forty shil- lings towards the putting of the child forth to be an apprentice and in the meane while to give good Security vizt a bond of 40£ with Suf- ficient Suretyes to perform this Order.
And Mary Burt for her great wickedness was ordered and ad- judged to be whipped on the naked body with 12 lashes well laid on as also to keep her said child: And whereas shee hath been found guilty of Comitting wickedness with Joseph Bonde Shee was ad- judged to be well whipped [*64] a Second tyme with 10 lashes about a month after the first whippinge, according as shee shal be called forth, except shee doe before pay into the Constable as a fyne to redeeme her Second whippinge the Sum of Thirty shillings.
Samuell Wright Junior was punished the 28th of May 1654 and Mary Burt by reason of inability to come forth and for other causes was protracted till of May following at which tyme shee re- ceived her punishment and to redeeme the second whippinge shee paid the fyne of 3os above mentioned.
Likewise Samuell Wright Senior and Thomas Stebbins entred into a bond of 4f for the performance of the Order above mentioned concerninge Samuell Wright Junior:
[*65] May 8th 1654.
Daniel a Scotchman Servant to Thomas Merick beinge found to prophane the Sabbath in idle walkinge about and not comeinge to the Ordinances of the Lord, yea though he had warninge to the con- trary: and being also complayned off by his said Master for grievous idleness in neglecting his busyness for Severall dayes, yea Synce he was called before authority for the like misbehaviour formerly at which tyme he promised amendment; but grew worse and worse and therefore was adjudged to be whipped on the bare back with five lashes well laid on and Execution was done accordingly:
[*66] Att A Court holden the first of March 1654 [1655].
Thomas Mirick complaynes against Thomas Miller in an action of debt of Fourty shillings and 20s damage.
Thomas Mirack plantiffe against Hannah the wife of Richard
232
PYNCHON COURT RECORD
Exell defendant in an action of debt of 3f 17s gd due to the plantiffe on account from Thomas Reeves late husband to the defendant.
Thomas Miller plantiffe against Thomas Mirack defendant in an action of debt of One and Forty shillings.
Thomas Mirack plantiffe against Thomas Miller defendant in an action of debt of Fifteen shillings due from the defendant.
The Jury for the tryall of these causes were Thomas Cooper, George Colton, Benjamin Cooley, Benjamin Parsons, Robert Ash- ley, Anthony Dorchester.
The Jury fynd the first action for Thomas Mirack the Plantiffe the Debt 2f os od costs gs 4d.
The Jury fynd the 2d Action for Thomas Mirack plantiffe they fynd for the Plantiffe 1f 17s 9d: 6s 8d damage and gs 4d costs.
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