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 26
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The Jury fynd the 3d action for Thomas Miller Plantiffe the debt 2£ is and costs 75 4d:
For the 4th action the Partyes agreed between themselves in pres- ence of the Corte:
[*67] An Inventory of the goods and Chattells of Nathaniell Bliss lately deceased: taken By Benjamin Cooley and Thomas Cooper Feb. 14th 1654 [1655].
E s. d
Howsinge and Homelott-5 acres
06: 00: 00:
Wett Meddow before the house 3. acres
03: 00: 00:
woodlott-5 acres 01: 00: 00:
Over the great River 9 acres
04: 10: 00:
Att the Long Meddow 26 acres 4
08: 10: 00:
Over Agaam River 5 acres 00: 05: 00: Meddow on the Mill River 2. acres 00: 10: 00: 08. 15. 00:
2 Cowes :- 7£ 105 3 swine . 1£ 55
3 Kettles 1 skellet 1. pott
01. 13. 00:
7 peeces of Pewter 135 7 peeces of Tin 4s
a warming pan 5s a fryinge 25
00: 17: 00: 00: 07: 00: 01: 04: 00: 01: 00: 06 00: 17. 00:
Earthen ware 4s wooden ware 1f
2 bedsteads-10S 2 chaires 3s 3. boxes a chest 7s 6d Axes. Spades and how. 7s plough chayn and share 10s Certayn slayes 7s a cradle and a chest 5s
00: 12: 00:
a bedtike with flocks and feathers 00: 10: 00:
01. 02. 00:
1 hatt 5s 1 Jackett: 2 pair of breeches 18s
01. 03. 00:
1 pillow 3s bookes ios a Spinning wheele 2s Debts
00: 15. 00:
11. 13. 00:
total 54: 03. 06
a Muskett Sword bandaliers
233
PYNCHON COURT RECORD
Due from the deceased estate to others -02£ 06s 06:
The totall of the Estate debts being paid is
51: 17: 00:
[*68] Springfeild: March: 5th 1654/55.
Concerninge the disposinge of the estate of Katharine Bliss Wid- dow late wife of Nathaneel Bliss deceased who died intestate, It was Ordered that shee should enjoy all the Estate, left by her said Hus- band, and that shee may be carefull of the children which shee had by her said Husband which children are for present of very tender yeares: And it Is further Ordered that when her Eldest Son attaynes to the age of One and Twenty yeares shee shall pay unto him, the Summ of Eight pounds, and when the Two daughters attayn to the age of sixteen yeares shee shall pay to each of them the summ of Foure pounds: and Foure pounds to the youngest son at the age of One and Twenty yeares: And in case any of them dy under such ages aforesaid, the portion or portions of the deceased shalbe divided equally among the rest:
[A marginal note is illegible.]
Know all men by these presents that whereas there is a marriage intended to be solemnized between the above mentioned the Wid- dow Katherine Bliss of this Town, and Thomas Gilbert of Windsor. The said Thomas Gilbert doth for good causes and considerations him hereunto mooving covenante and promise, and hereby bynd himself his heires executors and administrators to pay or cause to be paid unto the children above mentioned of the said Widdow their Severall portions in the order above mentioned, and at the severall tymes of payment above mentioned: In witness whereof he hath hereunto sett his hand this 23d of May 1655.
X The mark of Thomas Gilbert
Signed before us ELIZUR HOLYOKE SAMUELL CHAPIN
[The following September 26, 1665 order for settling the estate of Nathaniel Bliss appears in I Hamp. Cty. Probate Ct. Rec. 65-66. A variant form is found in Pynchon Waste Book for Hampshire 30-31.]
The Corte at Northampton in March last past at the request of Widdow Margerett Bliss Guardian to her Granchild Samuell Bliss Son of Nathan- eel Bliss late of Springfeild deceased haveing given their then apprehen- sions concerning the setling an estate on the children of the said Nathan- eel Bliss, yet referring the full conclusion of the matter to this Corte, that
234
PYNCHON COURT RECORD
for all persons concerned might have liberty to declare their exceptions, which this Corte now haveing heard doe see reason to revoke what they then declared touching the premises: And now after much tyme spent in hearing what is allegdged and pleaded, well weighing what was Ordered and determined by the Commissioners of Springfeild Anno 1654 for set- ling the estate of the said Nathaneel Bliss who died intestate; And al- though the want of an Inventory of the estate then proved doth some- what invalidate that determination, yet fynding it difficult now to gayne an Inventory of the estate and the friends concerned now refusing to take administration upon the estate and for the children: This Corte judgeth meet that the Summes formerly ordered to the children by the Commis- sioners of Springfeild shall Stand good, and is hereby determined to be their portions: vizt Eight pounds for the eldest Sonne Samuell Bliss and Foure pounds to Nathaneell Bliss the youngest Sonne and Foure pounds a peece to the Two daughters, Only in regard of Testimony now pre- sented to this Corte that the Said Nathaneell Bliss deceased did before his death declare that his son Samuell should have his lands after his de- cease, which till now or of late was not publikely known or manifested: This Corte doth therefore Order that the said Eldest Sonne Samuell shall have his Eight pounds and the youngest Son Nathaneell his Foure pounds in Land: which summes amounting to Twelve pounds shall be allowed and paid them out of the Land which was their fathers as the Land was then prized: And therefore now this Corte Ordereth that when they shall attayne the ages expressed in the Said Comissioners Order they shall have and enjoy the lott in the Long Meddow being Twenty Six acres and a quarter more or less then vallued at Eight pounds and ten shillings and Six acres of that Land in the neck at three pounds, and Two acres of Land vizt Meddow on the Mill River then vallued at Ten shil- lings: All being Twelve pounds as the Land was then vallued: And the Two Daughters shall have their foure pounds a peece paid to them in currant pay according as they shall attayne the ages determined in the said Comissioners Order.
[*69] May; the 2d 1655.
John Stebbins beinge taken notice for misbehavinge himself to- wards his aged Father calling him Old foole and uttering other un- seemely words towards him was the day abovesaid examined thereof: and the matter beinge not ripe for a fynall issue, the said John Steb- bin did before the Comissioners bynd himselfe in the summe of Forty pounds to appeare before Authority here established to make answer for the said misbehavinge himselfe to his Father when he shalbe thereunto required.
This matter beinge further considered there was not found full proofe of such evill carriage whereupon he was released and dis- charged of his bond above mentioned;
235
PYNCHON COURT RECORD
June 25t 1655:
Robert Monro a Scotchman being taken notice of to have brought diverse bottles of strong liquors to this Plantation which liquors he was suspected to have sold to the Indians: he being exam- ined there uppon it was found and prooved that he had sold some of these liquors to the Indians: for which his offence against the law selling his liquors without a license and for a lye which he made to collour his offence affirminge that he brought up but three bottles when as it was proved that he brought up Foure bottles with a gourd shell besides with liquors It was Ordered that he should pay 5£ 10S vizt 5£ for his unlawfull selling his liquors and 10s for his lye.
[*70] June 27 1655.
Symon Lobdell being taken notice of to come up with a Cannow with Cider and strong waters which he confessed he intended to have sold to the Indians: the strong waters beinge found hidden on shore were ceased on and Ordered to be kept in deposito: till the matter were further inquired into: uppon further consideration his strong waters were restored unto him:
The said Symon Lobdell beinge found in a lye was ordered to pay 10s Secundum legem:
The Coppy of an order of restraynt to Robert Ashley and his wife forbiddinge them to sell wine or strong waters to the Indians sent to them the 27 June 1655.
To Robert Ashley and his wife Keepers of the Ordinary in Springfeild.
Whereas it is famously known how the Indians abuse themselves by excessive drinking of strong liquors whereby God is greivously dishonoured, and the peace of this Plantation in great danger to be broken: And whereas you have noe lycence formally and according to Law to sell eyther wine or stronge waters to English or Indians: These are therefore to will and require you uppon your perill, that you henceforth forebear to sell eyther wine or strong waters to any Indians though for selling to the English wee would not restrayne you but doe allow thereof: Springfeild June 27 1655.
This was signed by the Comissioners of this towne.
[*71] March 13th 1655 [1656].
Obadiah Miller complaynes against Joane his wife for abusing him with reproachfull tearmes or names as calling him foole toad and vermine and threatninge him: as also for that yesterday shee fell uppon him indeavoringe to beat him at which tyme shee scratched
236
PYNCHON COURT RECORD
his face and hands: The case being examined it was found that Joane the wife of Obadiah Miller was guilty of very evill behavior towards her said husband: it beinge prooved by the testimony of John Lamb and Thomas Miller:
John Lamb testifyed he heard her say shee would knock him on the head: and that shee did often call him foole and other reproach- full tearmes:
Thomas Miller testifyed that when his brother Obadiah and his wife lived with him, she did comonly call him foole and vermine: and he doth not remember he ever heard her call him husband: and that she said shee did not love him but hated him: yea shee here said shee did never love him and shee should never love him:
For which her vile misbehaviour towards her husband shee was adjudged to be taken forth to the whippinge post, there to receive Soe many stripes on the naked body as the Comissioners should see cause to inflict on her: whereuppon shee was brought forth; but by her humiliacon and earnest protestations for better carriage towards her said husband the punishment was remitted, and this Sentence passed, that for the least miscarriage to her husband after this tyme shee should be brought forth agayne to receive a good whipping on the naked body well laid on:
[*72] Aprill 2d 1655.
Thomas Cooper complaynes against John Bliss for non-perform- ance of a bargayne of fetchinge the said Thomas some fencinge stuffe.
John Bliss denyed the bargayne: but it was sufficiently prooved And therefore:
The result of the Comissioners was: that synce the bargayne is proved, the said John Bliss shall carry this fencinge stuffe soe soon as the way is fitt for cartinge and whereas the tyme is come that fences should be sett up; it was adjudged that John Bliss should be liable, to pay such damages as accrew for want of the fencing beinge done, because he neglected to cart the stuffe when there was con- venient opportunity to cart it.
Aprill .9th 1655.
John Stiles of Windsor complaynes against John Bennet who at present resides in this Town for defaminge his wife, in saying shee was a light woman and that he could have a leape on her when he pleased:
This cause was upon the request of John Bennet deferred to the 18th of this instant that he might bring in what he had to prove his said accusation of the woman: John Clark beinge bound for his ap- pearance.
237
PYNCHON COURT RECORD
Aprill .18th 1655.
The said John Bennet appearinge according to Order and not making any part of the slander to appeare against the woman: It was Ordered that John Bennet should be forthwith well whipped on the Naked body with 8 lashes and that he should pay unto the said John Stiles a fyne of Forty shillings:
[*73] At a Court holden at Northampton September 28 1658.
By order of the Generall Corte appoynting the Comissioners of Springfeild to joyne with the Comissioners of Northampton for the issuing of all Civill actions not exceedinge Twenty pounds etc. as in the said Comission hereunder written more at large appeareth up- pon which day abovesaid Mr. John Pynchon and Elizur Holyoke of Springfeild attended for that service: According to the Comission following.
At a Generall Court held at Boston: May. 20. 1658.
In Answer to the Petition of Northhampton, It is Ordered that their Condition in relation to a Minister be forthwith commended to the Reverend Elders, and their help desired therein: Secondly, that there shalbe Two Courts kept yearely by the Comissioners of Spring- feild and Northampton joyntly or by any foure of them, the one at Springfeild on the last Tuesday of the first Month and the other at Northampton on the last Tuesday in September, which Courts shall have power to heare and determine, by Jury or without according to the liberty the law allowes in County Cortes, all Civill actions not ex- ceeding Twenty pounds damages, and all Criminall cases not exceed- ing five pounds fyne or corporall punishment not exceeding Ten Stripes, reserving appeales in all such cases to the County Court at Boston: and the said Court shall have power to grant licenses for the keeping of Ordinaryes or houses of comon entertainment, for Sell- ing of wine cider or strong liquors, according to law and not other- wise, givinge the oath of freedome or fidelity to persons quallifyed according to law, to bynd to the peace or good behaviour to comitt to prison felons and malefactors as the law allowes, and this to bee during the Courts pleasure.
Per Edward Rawson Secretary This is a true Coppy of the Courts Order which was sent up to Northampton:
As Attests ELIZUR HOLYOKE
[*74] Uppon which 28th Day of September
Thomas Roote complayned of Robert Bartlett in an action of the case for strikinge his the said Thomas his wife with a long stick to her great prejudice:
238
PYNCHON COURT RECORD
Robert Bartlett acknowledginge his offence in the Court: Both Plantiffe and Defendant agreed about the matter between them- selves:
Joseph Parsons complaynes against John Webb for not deliver- inge a Cow and calfe accordinge to bargayne, and thereupon Joseph demands 4£ of the said John which the said John owed him:
Upon hearinge of the busyness, Joseph Parsons was content to ac- cept of the Cow though the Calf were lost, the said John allowinge the said Joseph 5s which he promised to allow and pay to the said Joseph.
Edward Elmer complaynes against William Holton and Robert Bartlett in an action of defamation in two perticulars: 1. for affirm- ing that the said Edward Elmer went down in a disorderly way to take his oath, And 2ly: for charginge him the said Edward to be one that made a breach or rent in the Town concerninge the Lords dayes meetings.
To the first perticular in this action the Court did thus judge: Wee cannot wholly free Goodman Elmer from blame in the Trans- action of the busyness in relation to the place [*75] that he was chosen to vizt a Comissioner for the Towne and Judge disorder in his proceedings, though in regard of the overhastyness of the Town in choosing another, which might be some occasion of his soe sud- den goeinge down to Springfeild where he took his oath, we fynd not ground for William Holton and Robert Bartlett to charge him with disorderly taking his oath, seeing Edward Elmer did not seek for, or moove to have his oath given him till it was putt to him: yet we Judge it not a defamation: the speaking of a mans faylings and infirmityes may be disorderly and yet not a defamation:
For the 2d particular we see not ground for William Holton and Robert Bartlett to charge Edward Elmer for makinge a breach or rent in the Town: for it appeareth that the ill management of mat- ters on both sides had been the occasion of the breaches in the Town But it doth not appeare that Edward Elmer was the cause of them, and therefore to charge him for makinge the breach, we fynd to be some degree of defaminge Him, though in regard of some blame worthy carriage found in Goodman Elmer about those mat- ters we lay noe damage uppon the Defendants to pay to the plain- tiffe:
John Elmer son of Edward Elmer complaynes against Goodwife Holton for charging him the said John to have stollen an axe: this action was taken up amongst them selves before any sentence passed uppon it:
239
PYNCHON COURT RECORD
[*76] Att the same Courte Joseph Parsons was chosen Clarke of the Band, and took his oath accordingly for the due execution of his office:
And the Town fyndinge a necessity for some one to keepe an Or- dinary for entertayning strangers, they made choyce of John Webb for that service who had a license graunted him in that behalf, as also for the sellinge of wine Cider or stronge liquors: this license to con- tinue for one yeare from this Courte: Provided the said John Webb doe not suffer any evil rule or disorder in his house dureinge the said tearme, and that he doe behave himselfe therein, in all things ac- cordinge to the Lawes of this Jurisdiction of the Massachusetts:
[*77] Springfeild March 29th 1659.
Walter Lee of Northampton Plantiff against Edward Elmer of the same Town defendant, in an action of review of the case whereby the said Edward by Sute at Law in the Town of Northampton recov- ered of the said Walter, a hogg with damage to the vallue of Six pounds:
Edward Elmer, Samuell Wright, Senior, Alexander Edwards, and John Stebbin Plantiff against the Town of North-Hampton Defend- ant in an action of the case concerninge their turninge out some of the freemen from beinge select men to which office they were chosen.
Henry Burt Plantiff contra James Bridgman defendant in an ac- tion of Debt to the vallue of fifty five shillinges.
Thomas Cooper Plantiff contra John Lyman Defendant in an action of debt to the vallue of 27£ 19s 4d.
Thomas Burnam of Hartford Plantiff contra William Holton and Thomas Bascomb Defendant (noe case specifyed in the summons) Thomas Burnam and William Holton appeared but Thomas Bas- comb appeared not The matter beinge referred to be issued by Mr Pynchon Elizur Holyoke and Ensign Cooper, the result was that William Holton could not justly deny the Plantiffe an Attachment when desired, and that the said William should pay the said Thomas for damages and charges the summe of ten shillinges.
Benjamin Cooley Plantiff contra John Webb of North-Hampton Defendant in an action of debt of 8{ and for damage 4£: issued, See forward:
Richard Fellowes Plantiff contra Edward Messenger of Windsor Defendant in an action of debt and damage to the vallue of about 20f due to the said Richard by Bill assigned to him from Witt Hill of Hartford, of which there is already distreynd to the vallue of about 20S.
240
PYNCHON COURT RECORD
[*78] The selectmen of Springfeild complayne contra John Sack- ett of the same Town for not performing his bargayne in thatching the Town barne:
William Deynes Plantiff contra John Bagg Defendant in three severall actions: 1 for affirming that William Deynes did convert a great deale of lead from the right owner: 2ly in an action of Theft for stealinge an axe from the mines: 3. for stealinge about 10 pounds of lead which was found in John Baggs Custody: These matters be- tween William Deynes and John Bag was issued by arbitration: vizt that John Bagg should make publike acknowledge of his offences etc which accordingly he did and was admonished for his miscar- riages:
Joseph Crowfoot Plantiff contra John Bagg Defendant in action of slander in reporting him the said Joseph to have stollen while he dwelt at Robert Hawards at Windsor and tended the Mill there:
The 29 day of March 1659 above mentioned beinge appoynted by the Honored Generall Corte held at Boston, May 20th 1658 for the keepinge of a Corte at Springfeild, by the Commissioners of Springfeild and Northampton joyntly or any foure of them as in the Commission, (a Coppy whereof is before transcribed) more at large appeareth: The Three men chosen for Northampton Comissioners appeared here for the holdinge of the said appoynted and intended Corte which Three men were William Holton Arthur Williams and Richard Lyman, together with the Jury men [*79] that were chosen and warned to appeare at the Court for the tryall of causes vizt Thomas Cooper, George Colton, Rowland Thomas, Jonathan Burt, Thomas Mirack, Thomas Stebbin and Robert Ashley of Springfeild and Thomas Woodford, Robert Bartlett, Joseph Parsons and David Burt of Northamton. But the said William Holton, Arthur Williams and Richard Lyman not being under oath presented themselves by Certificate under the hand of the Constable of Northampton to be sworne. But then some of the said Town of Northampton objecting against their three men as being not legally appoynted to the work they came for, in that they were not allowed by any superior Power as the Law provides; and in that they were nonfreemen as to this Comonwealth, and for other causes, Therefore after the busyness was longe debated the result was that there could be noe Corte Legally kept here without further Order from superior Powers: and soe the Assembly brake up:
The diffrance above mentioned between Benjamin Cooley plan- tiff and John Webb defendant being by them referred to be ended by Springfeild Comissioners, it was by them concluded thus that be- side the debt of 8{ due by bill to Benjamin Cooley, John Web
241
PYNCHON COURT RECORD
should allow for forbearance of the debt to this tyme with some charges and damage accruinge the summe of Thirty shillings.
See the Record uppon the file:
[*80] An Order of Administration upon the Estate of Symon Sackett deceased who died the 9th day of July 1659: which Order was graunted by the Comissioners the 14th day of the Same Month.
Symon Sackett of Springfeild who deceased the Ninth of July 1659 dyinge intestate; and it beinge necessary that Administration be made upon the said Symons Estate; And William Blomefeild of Hartford appearinge to be assistant to his Daughter wife of the said deceased party to Administer to the aforesaid estate; therefore the said William Blomefeild is hereby allowed and appoynted to be Ad- ministrator and Sarah his Daughter wife of the said deceased party to be Administratrix to the Estate of the said Symon Sackett de- ceased:
An Inventory of the Estate of Symon Sackett deceased taken the 15th day of July 1659 by Richard Fellowes and Samuell Chapin:
Inprimis one barne
6. 00. 00
Item 3 piggs
1. 01. 00
Item one sow and a pigg
1. 00. 00
Item a chayne
0 08. 00
An axe 3s, a pott with the hookes. 6s 6d
0 09. 06
A parcell of brass with old Iron
0 02 00
See more the next page
9 00 06
[*81]
One chape for a cart
0. 02. 00.
a sickle 6d 2 fork tynes-2s
0 02. 06.
a bed tick with a pillow
0 06 06
a cellar .1£ 4 score rayles. 125
1. 12. 00
1 tray, and a half bushell the } bushell John Dumbleton had
0 04. 00.
2 barrells
0 02. 00.
2 acre and neere a quarter of wheat at 38s per acre
4 05. 00.
7 bushel of wheat to be paid by William Brookes
1 04. 06.
4 bushel of wheat from Joseph Crowfoote
0 14. 00.
1 acre of pease
1 10. 00.
One parcell of Indian that Obadiah Miller bought
2. 00. 00
One parcell of Indian and the grass
1. 16. 00
A parcell of Oates with the Oates in the Orchard and .. water mill:
0 16. 00.
an acre of Oates
1 15. 00.
242
PYNCHON COURT RECORD
a plough share
0 12 00
a garden that Richard Fellowes bought
0 10 00
a cart with Irons to it
1 05
00
a spade 25 3 pounds tallow 1s 6d
0 03 06
a steere
1
15 00
a yoke staple and ring 0 03 06
Item 8s due from Daniel Blomefeild
0. 08 00
An Oxe 6. 10 00
2 hoggs if found 2 00. 00
a Canow to Richard Fellowes
0. 08. 00.
30. 04. 06.
All the Oates and pease and water-millions and the use of half the barn is for Richard Fellowes for to pay 3£ 12: On the other side 09 00 06
39 05 00
This is a true account as we judge witnes
both our hands: July.15. 1659
Samuell Chapin, Richard Fellowes
theres due Goodwoman Sackitt from Goodman Bloom- feild 4s
Onely the heiffer and steere to Daniell for 3£ 17s that Simon oweth Daniell:
1. Steere yeere and vantage 1£ 15s
[*82] Att a Corte holden at Springfeild Sept. 27 1659.
Benjamin Parsons complaynes against Joseph Crowfoote for with holdinge Forty shillings and six pence due upon a bill.
Robert Ashley Plantiffe against Richard Fellowes Defendant for detayninge a sword from him: the sword and damages he reckons at 40s. In this action the Plantiffe withdrew his action promisinge to pay the cost of the Corte.
Samuell Allin of Northampton Plantiffe against John Bliss of the Same Towne Defendant in an action of the case for unjustly steal- inge away the affections of Hannah Woodford his Espoused wife, damnifyinge the said Samuell to the vallue of Fifty pounds:
In this cause the Plantiffe withdrew his action before the case was tryed, for that he found himselfe defective in his testimony:
Samuell Allyn agayne Plantiffe against Thomas Woodford of Northampton defendant in an action of the case for the forefeitinge of a bond, with damage to the vallue of Twelve pounds:
But upon Searchinge of the cause, the Plantiffe withdrew his ac- tion before the Jury tooke the matter to consider of: In both actions Samuell Allyn is to pay 10s for entry of each action:
243
PYNCHON COURT RECORD
The Jury warned to attend this Corte were Thomas Cooper, Miles Morgan, William Warrener, Thomas Mirack, Thomas Steb- bin, Benjamin Parsons, Benjamin Cooley, and George Colton of Springfeild: and of North-Hampton Joseph Fitch, Robert Bartlett, William Miller, and Alexander Edwards.
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