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 27
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The Indians complayninge about the 10th of August of damage done in their Corne on the other side the great River; which damage was veiwed the next day by two men and judged at 8s which this Corte orders to be raysed on the Inhabitants on that side the River accordinge to the number of their cattell, And the Constable is to See it raysed and to gather it up:
[*83] November 30th 1659.
John Matthews beinge presented for refusinge to obey a sum- mons sent from Authority and Served on him before witness by Francis Hacklington in August last and for his contemptuous and high carriage towards him that was sent with the Summons: com- anding him off his ground and holding up his sickle at him and usinge other high words and unfitting carriage: and these things be- inge made manifest he was fyned to the Countrey five shillings.
And John Henryson complayning against Thomas Miller for de- tayning a cart from him which he sayth he had right unto and for abusing him by striking him on the face making his mouth bleed and using reproachfull speeches callinge him Scottish dogg: the case beeinge examined, such strikinge and evill speeches were proved against Thomas Miller. And withal there was prooved against John Henryson that he threatned Thomas Miller in Saying that eyther he or Thomas Miller should dy before he should have the cart.
Thomas Miller and John Henryson for their making disturbance by their quarrelling together; contending in hot words and fur in breakinge the peace; one of them strikinge and the other threatninge Slaughter, are each of them fyned 10s apeece to the Countrey:
And Thomas Miller for abusinge John Henryson by reproachfull speaches and strikinge him whereby he drew blood is adjudged to pay John Henryson in way of satisfaction the summ of three shillings foure pence.
Wee find they deserved to be bound to the peace, but in regard these things were acted some tyme Synce, and the spirits now some- what reconciled we doe not require that bond.
Jan: 13th 1659 [1660].
Joseph Crowfoote complaynes to the Comissioners of John Bagg in action of debt of 15s vizt. 6s which he was cast to pay him for a
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slander and 4s which the said Joseph sayeth he wrongfully took from him, and 5s on account for land, hired of Rowland Stebbin, and he says in 5s more for damage John Bagg ownes the debt of 15s and is adjudged to pay the said Joseph 12d for damage and 3s 4d costs:
[*84] At a Corte held at Springfeild, March. 27th 1660. Present Capt. John Pynchon, Mr. Samuell Chapin, Elitzur Holyoke Com- issioners:
The Jury were Thomas Cooper, George Colton, Benjamin Coo- ley, Serjant Stebbins, Jonathan Burt, John Dumbleton, Thomas Gil- bert, Benjamin Parsons, Samuell Marshfeild of Springfeild and Henry Cunliffe, Henry Woodward, Thomas Bascomb: of North- ampton.
Edward Elmer of Northampton Plantiffe contra William Holton of the Same Town Defendant: in an action of the case for breach of an aggreement: The Defendant pleaded that the case was laid down in such generall tearmes in the summons that he knew not what aggreement was intended in the summons, and therefore could not be prepared to answer:
The Corte judged the Defendants plea reasonable and soe ad- judged the Plantiffe to pay the Costs of the Corte vizt ios for entry of his action, and 6s for his journey from Northampton.
Edward Elmer Plantiff contra William Clarke of Northampton Defendant in an action of the case for takeinge away of tymber to the damage of 39s.
Edward Elmer Plantiffe contra William Clark Defendant in an action of review of an action of slander formerly tryed at North- Hampton wherein Edward Elmer was charged to have Slandered the said William Clark in Sayinge that the Said William Clark was noe better than a theefe And in this action the said Edward Elmer layes in damages the summe of 39s.
Nathaniell Clark son of William Clarke of North-hampton Plan- tiffe contra Edward Elmer defendant in an [*85] action of Slander in callinge the said Nathaniell theefe to the damage of Five pounds:
In which action the Jury fynd for the Plantiffe: vizt. that Edward Elmer should pay him the said Nathaneel the summe of Foure pounds besides the costs of the Corte vizt 1os for entry of his action and 12d for witnesses:
And in the action wherein Edward Elmer is plantiffe and Wil- liam Clarke defendant about takeinge away tymber.
The Comissioners fynd for the defendant that is the tree cut or tymber in difference should belong to the defendant and that the
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Plantiffe should pay 6 shillings for a witness comeinge downe from Northampton and 3s 4d for entry of his action.
And for the action of review between Edward Elmer Plantiffe and William Clark Defendant The Plantiffe withdrew his action be- fore any sentence passed uppon it: and soe was judged to pay 3s 4d for entry of his action, and 6s to William Clarke for his journey down to the Corte.
Miles Morgan Thomas Gilbert and Benjamin Parsons Selectmen of the Town of Springfeild presenting unto this Corte a Complaynt against John Wood for abidinge in this Township contrary to Order beinge legally warned to depart: And it appearing that the said Wood came from Richard Fellowes his farme at Chickuppe where- uppon the said Richard Fellowes did before the Corte enter into bond to cleare this Town of Springfeild of the said John Wood and his family within three weekes after Michalstide next which bond is hereafter specifyed:
[*86] The Freemen of Springfeild being assembled the - of this Instant March for the Nomination of Magistrates choyce of County Treasurer etc the votes for the Treasurer being Sealed up were pre- sented to this Corte where it appeared that Capt. John Pynchon was chosen to that Office.
Richard Fellowes his bond.
Richard Fellowes acknowledgeth himself bound to the County Treasurer in a bond of 40f that he will cleare and discharge the Town of Springfeild of John Wood and his family within three weeks after Michalstide next.
Robert Ashley being chosen Sealer for weights, and measures for this Town of Springfeild for the yeere ensueing, was at this Corte sworne to the performance of his duty.
Samuell Marshfeild beinge presented to this Corte as chosen to keepe an Ordinary or house for Common Entertaynment in this Town of Springfeild, was by this Corte allowed for that worke.
Mr. Elizur Holyoke is chosen Recorder for the Court:
[Substantially the same entries for March 27, 1660 appear in I Hamp. Cty. Probate Ct. Rec. 1-2, except that the actions by Edward Elmer against William Clark are omitted.]
[*87] Aprill: 7th 1660.
This Day the youngest child of John Herman called Ebenezer was found dead in the brook in Nathaneell Pritchards yard: concern- ing whose death there was search and inquiry made by a Jury of 12
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men of this Town of Springfeild how the said child came to its end: the Jurors were Thomas Cooper, William Branch, William War- rener, Thomas Stebbin, Thomas Noble, John Stewart, Samuell Marshfeild, Henry Burt, Benjamin Parsons, Abell Wright, Richard Sikes, John Clarke.
Whose returne upon oath before the Comissioners Elizur Hol- yoke and Mr. Samuell Chapin was that accordinge to their best light they could have in the case they judge the child to be drowned in the brought through its own weakness without the hand of any other per- son being any occasion or cause thereof.
[Substantially the same entry regarding the death of John Herman (Harman) appears in I Hamp. Cty. Probate Ct. Rec. 2.]
May: 9th 1660.
Thomas Miller complayned against certayne Indians that came to his house: which as his wife Sayth Scarred his children by throwinge stickes at them: his wife comeing out of her house and callinge to her husband for help he was going into his house to fetch a Cudgell, and his wife followed him, and at the doore of his house one of the Indi- ans stroke his wife on her head with his fist that shee fell down with the blow: and Thomas Miller turninge back layd hold on the Indian that struck his wife: then another of the Indians laid hold on Thomas Miller and rescued him that struck the woman: and the other Indi- ans struck Thomas Miller diverse blowes while he and the Indian were scuffling: the Indians being pursued by diverse men and horses, three of them were taken, and brought before the three Commission- ers two of which Indians were found guilty in the case, [*88] but the Indian that stroke the woman could not be taken: the Names of those that were taken and found guilty were Kollabauggamitt and Maullamaug who dwell in Nipmuch Countrey they were adjudged to pay for themselves and the rest that escaped, 14 fathom of wam- pam: the Indians payinge the wampam, 6 fathom was delivered to the Constable to defray the charges of 10 men and 5 horses that pur- sued them or that were required to waite on the service and 8 fathom was given to Thomas Miller in way of satisfaction for the injury done to him and his wife.
June 3d 1660. Before Mr. John Pynchon and Mr. Samuell Cha- pin Commissioners.
Hugh Dudley complayninge against Thomas Mirack for not per- forminge Covenante in plowinge up ¿ an acre of new ground which should have been done in May last, at the said Hugh his demand as by the Covenante, presented appeares: the said Hugh pleadinge
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great damages and still expectinge the ploughinge of the ground: Thomas Mirack was adjudged to have damnified the said Hugh ten shillings which he is to pay him, and also to plow up the } acre of ground by the first of May next.
[*89] July. 6. 1660. Before Mr. John Pynchon, Mr. Samuell Chapin and Elizur Holyoke Commissioners:
William Morgan complaynes against John Earle for strikinge him the said William with a bowle uppon his face and nose:
It appearinge by the Testimonyes of John Stewart and Charles Ferry, that John Earle did strike the said William Morgan and broke his nose, which also was evident his nose beinge much bruised and bloody when he came before the Comissioners: John Earle was ad- judged to allow the said William Morgan the sum of five shillings also five shillings to the County for breakinge the peace and Three shilling foure pence for entry of the Action:
July 13 1660. By Capt. John Pynchon and Mr. Samuell Chapin
Francis Hacklinton complayning against Mary the wife of Sam- uell Ely in an action of Slander for sayinge that he was seen at an un- seasonable tyme of the night with Hester Bliss and that there were unseemely passages between them: pleading 4os damadge. The testi- monyes being found to be of little weight the two Comissioners ad- judged it noe Slander:
[*90] Sept: 14th 1660.
Before the Three Commissioners for the Towne.
John Lamb complaynes against Thomas Mirack for non perform- ance of a bargayne of ploughing for him the said John Lamb being bound thereto by Bill under penalty of 2s per day for every day the land should be unploughed after the tyme prefixt in the Bond: John Lamb pleaded for the forfeiture mentioned in the said Bill or bond for that the Land was not ploughed till 11 dayes after the tyme lim- itted in the Bill.
The case beinge considered The Commissioners apprehendinge the lateness in the yeere that the land was ploughed and that the penalty mentioned in the bond was not unreasonable they adjudged that Thomas Mirack should pay John Lamb 20s for damage and 3s 4d for the entry of the action:
[ The following entries for a court held by commissioners at Spring- field on September 25, 1660, not contained in the Record, are found in I Hamp. Cty. Probate Ct. Rec. 3.]
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At a Courte holden at Springfeild
September 25t 1660.
For holdinge this Corte there were present: Mr John Webster, Cap- tain John Pynchon, Mr. Samuell Chapin And Elizur Holyoke Recorder.
The Jurors were Thomas Cooper, Henry Burt, Thomas Merick, Wil- liam Warrener, William Branch, Mr. Jeanes, Mr. Williams, John Dum- bleton, Robert Bartlet, Lawrence Bliss, Alexander Edwards And Benja- min Parsons.
John Scott Plantiffe contra Obadiah Miller defendant in action of the case for refusinge to deliver a steere accordinge to bargayne to the dam- age of 8£.
The Plantiffe withdrew his action before the cause was tryed and Soe was to pay the costs of the Corte vizt 10s. for entry of his action.
John Stebbins of Northampton beinge bound to prosecute Robert Lyman of the same Towne for misdeameaninge himselfe towards his the Said John Stebbins wife: he the said John Stebbins complaynes to this Corte for that the said Robert frequentinge the said Johns house did use very evill and miseemely behaviour towards his the said Johns wife in- ticeinge her severall tymes that he might ly with her, takeinge her in his armes and otherwise venting his unchast desires:
Robert Liman for his gross Lacivious carriage and misdemeanor to- wards the said John Stebbins wife, in assaulting with the tentacion sev- erall tymes and profferinge to abuse her by lyinge with her and shewing much immodest behaviour towards her, is fyned to the County the summe of 10f. Also he is to pay For Deborah Bartletts cominge from Northampton as a witness .6s. But Robert Bartlett remitted that 6s.
Robert Lyman beinge bound under a 20£ bond for his appearing at this Corte and for his good abearinge, was discharged of his bond by this Corte.
Miles Morgan Plantiffe contra Robert Ashley defendant in an action of the case for wrongful impoundinge of his swine.
The Plantiffe withdrew his action, Hee and the defendant aggreeinge between themselves: And the Plantiffe is to pay 10s for entry of his action.
John Porter of Windsor Plantiffe contra James Osborne defendant in action of debt to the vallue of 4f proved by Bill, the Plantiffe also plead- ing great damages by long forbearance of his money and making severall journyes to obtayne his due.
The Jury fynd for the Plantiffe vizt the debt of 4f and damadge 1£ 15s and ios for entry of his action.
Mr. William Jeanes of Northampton beinge chosen by that Towne for Clarke of the writts was by this Corte allowed of and appoynted to that Office.
Mr. Elizur Holyoke was at this Court chosen and appointed Recorder for this Court and County:
There was presented to this Corte from Northampton the verdict upon Oath of a Jury of 12 men who made Inquiry concerninge the death of David Burt of about 4 yeeres of age beinge the son of David Burt of that Town The childe beinge taken up allmost dead by the father neere
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his house: the Jury apprehendinge that the child being busy about the carte which carted his fathers corne he was trodden down by the carte or cattell noe person knowinge it: it beinge in the darke of the Eveninge. This sad accident fell out the 30th of 6th month 1660 the verdict of the Jury is one the file with the Recorder:
[*91] Jan. 22th 1660/61: By Mr. Holyoke, Mr. Chapin and John Pynchon.
John Mathews being found drunken and bereaved of his under- standing which appeared both in his speech and behavior he was ac- cording to Law fined Ten shillings to the County:
This miscarriage of his was at Samuell Terrys wedding.
[The following entries for courts held by commissioners at North- ampton and Hadley on March 26, 1661, not contained in the Record, are found in I Hamp. Cty. Probate Ct. Rec. 4-6.]
[4] At a Corte held at Northampton March: 26th 1661.
For holding of this Corte were present Mr. John Webster, Captain John Pynchon, Mr. Samuell Chapin and Elizur Holyoke Recorder.
And for the Jury these David Wilton, William Clark, William Hol- ton, Henry Woodward, John Lyman, John Stebbins, Andrew Warner, William Lewis, John White, Samuell Smith, Thomas Stebbins and Sam- uell Marshfield.
Thomas Cooper of Springfeild Attourney for Captain Thomas Sav- adge of Boston, complaynes against John Webb of Northampton in an action of debt and damage to the vallue of Threescore and Foure pounds: This 64£ is beside what the Plantiffe hath accepted of and re- ceived by a bill from Serjant William Clarke of Northampton to the val- lue of Six pound thirteene Shillings: and by another Bill from Zachary Feild of Northampton to the vallue of Seaventeene pound ten shillings.
John Bliss of Northampton Plantiffe contra John Webb eiusdem De- fendant for witholding a debt of Foure pounds:
In which Last Action John Bliss Plantiffe was non suted in that he gave not Legall warning to the defendant for his appearance at the Corte: And Soe is adjudged to pay ios for the entry of his action.
And in the case depending betweene Thomas Cooper Atturney for Captain Thomas Savadge Plantiffe and John Webb defendant.
The Jury fynd for the Plantiffe vizt the Bills for Captain Savadge: which bills are 29£. 3s. 7d. of which there is owned to be received as above 24£ 3s. Soe there remaynes of the principall 5£. os. 7d. And in consideration of damage the Jury fynd to make the 5£. os. 7d. to be made 9£ to be paid according to the nature of the payment in the said bills:
But concerninge the account presented as out of Captain Savadge his booke, the Jury doe not fynd it prooved according to Law: Moreover the Jury fynd for the Plantiffe the Costs of the Corte:
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Henry Cunleife makeing Complaint to this Corte that he beinge sum- moned to this Corte by Francis Hacklinton in an action of Slander done to the Said Francis in his Name, the said Francis not appearringe to prosecute his action, And the Said Henry pleading trouble and charge that he hath been at in attending on the Corte and for witnesses, the Corte adjudged that the said Francis shall pay unto the said Henry for his trouble in attendinge on the Corte two Shillings: and Eighteen pence a peece for five witnesses, and two pence for the summons:
Samuell Porter of the Newtowne [Hadley] haveinge assigned his right and interest in his Servant, Robert Williams to William Lewis of the said Newtowne with whom the Said Robert is to serve in husbandry for Five yeares from the 8th of May: 1660 as by his Indenture appeareth: the said Assignment was allowed of by this Corte:
Goodman Hannum of Northampton presentinge a petition to the Corte for freedome from trayninge watchinge and wardinge by reason of his age: and the weakness of his body:
The Corte consideringe his weakeness of body his age and meane es- tate have freed him from trayninge watchinge and wardinge.
Thomas Coleman of the New towne beinge presented to this Corte as chosen to the office of a Constable for the said NewTowne: In the pres- ence of the Corte he tooke his oath for the execution of his office:
[5] Joseph Parsons licence to keep an Ordinary at Northampton.
Joseph Parsons of Northampton is by this Corte Lycensed to keepe an Ordinary or house of Common Entertaynment, in the Towne of Northampton for the yeare ensueinge. and he hath liberty graunted him to sell wines or strong Liquors as need shall require: Provided he keepe good rule and order in his house.
Samuell Marshfeilds licence renewed.
Samuell Marshfeild of Springfeild keeper of the Ordinary there, con- sidering his yeere and lycence wilbe expired before he shall have oppor- tunity at the next Corte to renew it, and therefore now desireing further liberty in that worke: this Corte doth renew his liberty and Lycence till the next County Corte.
Order for Widdow Bliss about the Mill at Springfeild.
Uppon complaynt made to this Corte by Widdow Margeret Bliss of Springfeild of that annoyance shee receives by the passage of the water to the Mill at Springfeild. This Corte ordered Leiutenant William Clark of Northampton and John White Senior of the New Towne should view and judge what they apprehend fitt to be done by Mr. Holyoke for her reliefe in that case:
Choyce of military officers for Northampton.
The Souldiery of Northampton presenting to this Corte the Names of certayne persons whom they had chosen for military Officers: vizt Wil- liam Clarke for a Leiutenante: David Wilton for Ensigne bearer William Holton for a Serjant and John Hannum for a drummer the Company desireinge that the Corte would allow of them for those offices:
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William Clark confirmed Leiutenante to Northampton.
The Corte declareth that they doe allow and approove of and confirme the said William Clarke to and in the place and office of Leiutenante to the Trayned band of Northampton: Also
David Wilton confirmed Ensigne Bearer to Northampton.
The Corte declareth that they doe allow and approove of and con- firme the said David Wilton for and in the place of Ensigne Bearer to the trayned band of the Town of Northampton.
And William Holton not quallifyed according to Law for office, was by the Corte allowed and desired to doe the work of a Serjeant for the band at any tyme of military exercise till the next Generall Corte to whom they are to looke for his Confirmation in the Office.
It beinge presented to this Corte that this winter past John Holton killed a wolfe uppon the River betweene Northampton and New Towne the River beinge frozen: The Corte determined that the said Two Townes should pay 10s a peice to Goodman Holton for his son that killed the wolfe. This beinge in reference to different apprehensions be- tween the Said Townes.
The Treasurers account and the Corts order upon it. Order for a house of correction at Springfeild.
Mr. Pynchon the County Treasurer presenting to the Corte his ac- counts of dues to, and disbursements for the County: his accounts were viewed and approoved of by the Corte whereby it appeard that before this Corte there was due to the County 13£. 12s. which Said Summe this Corte determines shalbe allowed and improoved to the buildinge of a house of Correction in Springfeild, which buildinge the said Mr. Pyn- chon is appoynted to take care of, that it be carryed on to effect: The ac- count abovesaid is on the file:
Persons that tooke the Oath of fidelity to the Common Wealth.
These 15 persons of the Town of Northampton whose names follow vizt Richard Fellowes, John Webb, Joshua Carter, Jonathan Hunte, James Wright; Zachary Feild: Thomas Copley: Joseph Barker, Thomas Hanchett, Ralphe Hutchison, Thomas Bascom, Samuell Bartlett, Nehe- miah Allyn: Thomas Roote, and Judah Wright tooke the oath of fidellity to this ComonWealth in the presence of the Corte.
Order for Mr. Treat his 5f.
This Corte being informed of 5f due to the Country by bill or bond made to William Holton and Richard Treat of Wetherfeild Junior which Bill is Said to be in the hands of John Barnard of [page torn] the Corte Ordered Captain John Pynchon to take up the Bill and to demand and recover the [page torn] to give an account thereof.
[6] The Votes of the Freemen of the Townes of Springfeild and Northampton for a County Treasurer for the yeere ensueinge were pre- sented to this Corte which beinge opened and perused it appeared that Captain John Pynchon was chosen County Treasurer for this yeare.
There beinge presented to this Corte the great necessity that there is
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of makinge a bridge in the way to Springfeild on the East Side of the great River over that brook where there is an old cart bridge now out of repayre: The Corte impowred Joseph Parsons of Northampton and Goodman Dickenson Senior of the New Towne as a Comittee to make survey where they judge it most meet to make the bridge: who are also to take account of the charge of that bridge or of mendinge other pas- sages that way, and to bring in the account to the next County Corte.
At the New Towne at Norwotuck [Hadley] March.26.1661.
These persons whose Names follow beinge Inhabitants of the said New Towne and quallifyed accordinge to Law to be made freemen of this CommonWealth tooke the freemans oath before Captain John Pyn- chon and Elizur Holyoke who are impowred by the Generall Corte to give the Said Oath accordinge to Law:
The Persons were these
Mr. John Webster, Mr. John Russell, Nathaneell Ward, William Markham, Thomas Dickenson, Andrew Bacon, Thomas Wells, John Hubard, Nathaneell Dickenson, Phillip Smith, Thomas Coleman, Robert Boltwood, Samuell Gardner, Peter Tilton.
[The will and inventory of the estate of John Harman of Spring- field who died March 7, 1660/61 are omitted.]
Aprill. 17th 1661. By Mr. Holyoke, Mr. Chapin and John Pyn- chon.
Joseph Leanord being Complained of for Misbehaving himselfe on the Sabbath, Playing sporting and laughing etc.
Charls Ferry and John Stewart Testifie on oath that last Sabbath day: they saw Joseph Leanord sporting and laughing in Sermon tyme, and that he did often formerly misbehave himselfe also in the same way.
Symon Beamon also sweares that on Lords day was senight or Lords day was fortnight he saw Joseph Leanord come to Samuell Harmon at the metinghouse dore and beate of his hat and then ran away, and afterward came to him againe and offered to kick at him and run away and then Samuell Harmon ran after him.
Hannah Chapin Saith shee saw Joseph Leanord one Sabbath day and Samuell Harmon whip and whisk one another with a stick be- fore the metinghouse in sermon tyme.
Joseph Leanord for his playing and sporting on the Sabbath as aforesaid, was fyned to the County five shillings being that he had formerly bin admonished for his misdemeanor on the Sabbath.
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