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 28
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[*92] May 14th 1661. Before Leiutenant Holyoke and John Pynchon.
Henry Burt Complaines against John Henryson for not paying of Three bushells of wheate according to promise for spinning and knitting of Stockens.
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To which John Henryson says that the debt which he owes Henry Burt is but 10s and this he ingaged .2. bushells of wheate towards it and noe more: and he hath paid Henry Burt in worke so that Henry Burt owes him 8s for worke: Henry Burt ownes his owing him 8s which says he John Henryson was to have a shurt cloth for and John owning it is adjudged to take the shurt cloth: and for the other 10S John Henryson is adjudged to pay Henry Burt Two bushells of wheate (7s) and Three shillings in a day and halfe worke:
May 31th 1661.
John King (of Northampton) was presented as chosen Constable And tooke his oath to execute the office of a Constable in North- ampton.
[*93] June. 20th 1661. Before Samuell Chapin and John Pyn- chon.
Complaint being made against Samuell Harmon for misbehav- ing himself on the Sabbath.
Once formerly when he was sent for, but came not with Joseph Leanord and then testymony on oath came in against him as on the side over the leafe backward: Aprill 17. (1661) .
And since, last Sabbath in sermon tyme Joseph Warrinar and Peter Swinck Testifie on oath that in the forenoone last Sabbath in sermon tyme they saw Samuell Harmon thrust and tickle Jonathan Morgan and Pluckt him of his seate .3. tymes and squeased him and made him cry.
William Morgan also testyfies the same For which Misdemeanors the said Samuell Harmon (being that he was formerly admonished) was adjudged to pay five shillings as a fine to the County:
[*94] July .12th 1661.
Mr. William Westwood, Mr. Samuell Smith, and Andrew Bacon, Comissioners for the Town of Hadley by order of the Generall Court; tooke their Oaths to dispence Justice there in Civill and Criminal Cases for the yeare ensueing, according to theire Comis- sion: this 12th of July 1661.
Before me JOHN PYNCHON:
[The following entries for a court held by commissioners at Spring- field on September 24, 1661, not contained in the Record, are found in I Hamp. Cty. Probate Ct. Rec. 7-9.]
[7] At a Corte held at Springfeild September 24th 1661.
For holdinge of this Corte were present Captain John Pynchon, Mr. Samuell Chapin and Elizur Holyoke Recorder.
The Jury men were Captain Cooke, Nathaneell Ely, Henry Burt,
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George Colton, Thomas Gilbert, John Dumbleton, Robert Ashley, Jona- than Burt, William Holton. Henry Cunliffe, Peter Tilton, Phillip Smith.
Alexander Edwards of Northampton Plantiffe contra Francis Hack- linton defendant in an action of the case, for takinge away his Mare downe to Hartford downe to Hartford (sic) without his leave to the dam- age of 5f.
Francis Hacklington Plantiffe contra Alexander Edwards defendant for wrongfully attaching his Kilne of Brickes to 15f damage.
Francis Hacklinton Plantiffe contra Alexander Edwards defendant in an action of defamation in Saying that he runne away with his mare.
Francis Hacklinton Plantiffe contra Henry Cunliffe of Northampton defendant in an action of defamation, in Sayinge he is a man of noe good report to the damage of 20£.
Mr. Caspar Varlete of Hartford Plantiffe contra Boltus Jacobus Lock- ermans a Dutch man residing in Springfeild defendant in an action of debt and damage to the vallue of 70f.
Garrett Dolley Plantiffe contra Richard Mountague defendant in an action of debt and damage to the vallue of ten pounds.
Richard Fellowes Plantiffe contra John Leonard defendant in an ac- tion of the case for refusing to deliver a bull which the Plantiffe chal- lengeth for his.
John Leonard Plantiffe contra Richard Fellowes defendant in an ac- tion of wrong attachment of his bull.
John King of Northampton Plantiffe contra Edward Elmer defend- ant uppon Suspition that the said Edward tooke away the said Johns cow from Northampton in a dishonest way to the damage of 5£.
In the action depending between Alexander Edwards Plantiffe Fran- cis Hacklinton defendant. The Jury fynd for the Plantiffe damage 3£ and the cost of the Corte vizt ios for entry of his action.
As to the two actions wherein Francis Hacklington is Plantiffe contra Alexander Edwards defendant the Plantiffe withdrew both his actions without declaring and Soe was adjudged to pay ios for entry of each action.
As to the action dependinge between Francis Hacklinton Plantiffe contra Henry Cunliffe defendant The Plantiffe withdrew his action, and Soe is to pay ios for entry of his action.
As to the action dependinge between Mr. Caspar Varlete Plantiffe and Baltus Jacobus Lockermans defendant the Jury find for the Plantiffe debt and damage to the value of 43£. 15s. and the Cost of the Corte vizt 20S for entry of the action and 18d. for one witness: and for other charges ap- pearinge about the case 1f. 10s. 2d: and the said Baltus was adjudged to pay for keeping his cow while shee was under attachment: and gs for watchmen to keep him dureing the Corte 5s.
An Order about Baltus See forward:
[8] As to action dependinge betweene Garret Dolley Plantiffe and Richard Mountague defendant. The defendant not appearinge to make
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answer the Plantiffe hath the costs of the Corte granted him: vizt ios for entry of his action.
As to the two actions depending betweene Richard Fellowes and John Leonard, each Plantiffe withdrew his action and aggreed betweene them Selves: each Plantiffe beinge to pay 1os for entry of his action.
As to the action dependinge betweene John Kinge Plantiffe and Ed- ward Elmer defendant the said Edward not appearinge the Jury fynd for the Plantiffe vizt. 2f. 25. 6d damage and the costs of the Corte vizt 10s for entry of his action.
At this Corte Elizur Holyoke and John Lumbard tooke their oathes that they were present with John Harman of Springfeild a little before his death, at which tyme he made his last will and testament recorded on the leaf next before this.
Samuell Marshfeild of Springfeild upon his desires presented to this Corte hath his licence renewed for Keepinge an Ordinary and for sellinge wine and liquors. This licence to continue for one yeare next ensuinge provided he observe good Order and Keep good demeanor in his house:
Francis Hacklinton beinge presented for breach of the Sabbath in working by carrying of bricks at his Kilne at Northampton on the Sab- bath day to the profaninge that holy tyme: The Corte judged him culpa- ble: And it beinge his first offence of that Kind he was in the Corte ad- monished for his offence:
John Sackett beinge presented to this Corte uppon suspicion of Sell- inge Strong Liquors to Indians: there appearinge some difficulty in it about the proofe of such offence, the matter was referred to the Corte at Northampton next March: And he was bound to this Corte in the summe of 10f then and there to appeare to make further answer when he shalbe called: And his bond for appearance at this Corte is to be voyd:
Samuell Terry and his wife beinge presented for that they beinge marryed on the 3d of January last they had a Son born the 10th of the 5th month beinge about 12 weekes short of the ordinary tyme of womens goinge with child: This Corte concluded it manifest that they did abuse one another before marriage: and therefore did adjudge Samuell Terry for his offence and misdemeanor eyther to pay as a fyne to the County the summe of 4f to be paid with 20 dayes or that he and his wife should be whipt on their naked bodyes with 10 Lashes appiece: Samuell Terry chusing the punishment by fyne: his choyce was accepted:
John King complayninge against Mr. Jacob Migate of Hartford for abusive speaches and chalenginge him to fight with him; he was by the Corte reprooved and checkt for his offence: And it beinge prooved that in the contest Mr. Mygate did sweare by this terme (Gods life) he was ac- cordinge to the Law fyned 20s for his offence; for that he doubled the Said oath:
Richard Sikes presenting to the Corte his desires of freedome from Trayning by reason of his age and weakness; the Corte considering his case discharged him from beinge compelled to attend trayninge exer- cises.
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[9] An Order Concludinge how Baltus Jacobus Lockermans a Dutch- man resideing in Springfeild shall Satisfy Mr. Varlette of Hartford for his debt and damage above mentioned.
Mr. Caspar Varlete of Hartford complayninge against Baltus Jacobus Lockermans a Dutchman Liveinge at Springfeild in an action of Debt and damage to the vallue of Seaventy pounds: The Jury found for the Plantiffe: vizt that the said Baltus Jacobus Lockermans should pay unto the said Mr. Varlete for debt and damage to the vallue of Forty Three pounds Fifteen shillings together with and for the charges of the Corte and other charges and trouble about the said Baltus his person and his estate, Two pounds Nineteene shillings and Eight pence beinge in all 46£. 14s. 08d: For Satisfaction and full payment of which debt of 46£ 145 08d to the Said Mr. Caspar Varlete: The comissioners for holdinge the said Corte adjudged and ordered, that what estate of the said Baltus is found beinge apprized according to Law, shalbe delivered to Mr. Var- lete towards payment of the said debt of 46£: 14s: 08d: And for what falls short of full payment, the said Baltus Jacobus Lockermans and his wife beinge delivered to the said Mr. Varlete are to serve the said Mr. Varlete and his wife his heires and assignes after the rate of Eight pound per an- num till the debt be fully Satisfyed, the said Mr. Varlete his heires or assignes providinge them and theires meat drink apparell and Lodginges Sutable for Servants: And it appearinge when the said Baltus his estate was examined, that his goods and wampum amounted to ten pounds Foureteen shillings and Seaven pence, the said Baltus remaynes 36£. oos. .o1d. in debt for which he and his wife are faithfully to Serve the said Mr. Varlete and his wife Their heires and assignes after the rate above mencioned, vizt Foure yeares and halfe.
[*95] December 2d 1661. Before Leiutenant Holyoke and John Pynchon:
Richard Fellows Complaines against William Warrinar for with- holding pay for his man Harmon Rowleys victualls at Chikkuppy as he passed to and from the Lead mines: to the vallue of which Wil- liam Warrinar ingaged to pay for Uppon the Testymonys of John Ginny and Garret Dolley which are on file it appeared that William Warriner had ingaged to pay Richard Fellows his just demand which being examened and rectified William Warriner is Adjudged to pay Richard Fellows the sum of eight and twenty shillings and sixpence.
[*96] Jan. 17th 1661 [1662]. Before Leiutenant Holyoke and John Pynchon.
John Scot complaints against Thomas Mirick in an action of debt, with Damadge, to the vallue of Thirty shillings:
Thomas Mirick excepting against one of the Rifles [?], which he says he had not ownes 10s gd due to John Scot and John Scot not proving any more there is due to him for the forbearance of it .3.
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yeares and about . 1od or .12d damadge: in all 3s 6d which makes the whole .14s 3d whereuppon Thomas Mirick is adjudged to pay unto John Scot the aforesaid 145 3d and 3s 4d cost for the entry of the ac- tion:
[The following entries for February 26, 1661/2 and subsequent dates, not found in the Record, appear in I Hamp. Cty. Probate Ct. Rec. 9.]
Springfeild February: 26 1661 [1662].
Freemen of Springfeild
At a Publike meetinge these persons vizt Miles Morgan, Jonathan Burt, Anthony Dorchester, John Lumbard, and Lawrence Bliss being ca- pable of beinge made Free of this Common Wealth, took the Freemans oath before Captain John Pynchon and Elizur Holyok who were ap- poynted to administer the Same by Order of the Generall Court: And May 8th 1663 Benjamin Mun and William Warrener were made free of this Comon Wealth.
At the Corte at Northampton Month ist 31 1663 these persons were made free of this Comon Wealth: John Dickenson, William Patrick, John Marsh, Edward Church, Zachariah Field, Robert Bartlett, George Alexander, Isaak Sheldon, Joseph Leedes, Richard Weller [?], Nathaneel Phelpes and George Lancton. And on the 14th of grd month Richard Church and Aaron Cook Junior: more freeman See the Corte Record of Anni 1664 and September 1665. and January 17. 1665 [1666] and Septem- ber 16.
[*97] March .20th 1661/62. Before Leiutenant Holyoke: Sam- uell Chapin: John Pynchon:
Upon the examenation of Thomas Miller: John Scot: Edward Foster and John Bagg also John Henryson and his wife Concerning theire Playing at that unlawfull game of Cards.
William Brookes testifiing against them saith that one Night at John Henrysons house he saw Edward Foster: Thomas Miller: John Bag and John Scot all foure of them playing at Cards: and I staying in the house neere an houre they continued theire play at Cards all the while:
Edward Foster examend saith It is true I did then Play, but I am but a beginner to play at Cards and further saith, that those .3. be- fore nominated viz John Scot: John Bag and Thomas Miller Played with him at John Henrysons howse that Night which William Brookes came thither:
John Bag: Thomas Miller and John Scot being asked they doe all acknowledge it that they did then Play at Cards at John Henrysons house.
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John Henryson examened saith: it is true: they did Play at Cards at my howse but I did not so well know the Law against it and I was willing to have recreation for my wife to drive away melancholy.
And further he acknowledges Playing at Cards severall tymes at his howse (though he named not the persons) .3. or .4. severall tymes he owned, it maybe oftener: and said he was willing to any thing when his wife was Ill to make her merry:
Martha the wife of John Henryson being examened concerning her having of Cards being [*98] being they had said that they had the Cards of her: shee said shee had a Pack of Cards that shee brought up from Hartford with her and kept them by her and let them have those Cards her husband also owned that he had brought her up a Pack of Cards.
John Bag testifies against Martha the wife of John Henryson that he had seene her Play at Cards: which shee owned: Whereuppon John Lamb and his wife Joanna both of them gave in this Testy- mony upon oath That at a tyme (since they had herd these reports were about Towne) they asked Goodwife Henryson concerning her Playing at cards: and shee denyed it: and said moreover in theire hearing that shee never saw any Cards but once at a Pinnace and shee knew not what belonged to them and also shee said that shee brought up noe Cards to this Towne all which by her former con- fession and other profe appears to be a most gross ly: for it appeared That Card playing had been commonly used at John Henrysons house by his owne Confession.
From the Premises this Sentence: [Marginal notation.]
Thomas Miller: John Bag: John Scot: and Edward Foster are each of them adjudged to Pay five shillings according to Law for theire Playing at Cards:
Fines for Card Playing: [Marginal notation.]
Also John Henryson is adjudged to Pay Twenty shillings for that he hath Commonly suffered that unlawfull Game of Cards to be played in his howse: And Likewise Martha his wife is adjudged to Pay five shillings for her Playing at Cards And also Martha his wife is to pay Ten shillings for her ly:
[The following entries for a court held by commissioners at Northampton on March 25, 1662, not contained in the Record, are found in I Hamp. Cty. Probate Ct. Rec. 10-13.]
[10] At a Corte holden at Northampton March 25th 1662.
For holding this Corte were present Captain John Pynchon, Mr. Sam- uell Chapin, and Elizur Holyoke Recorder.
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The Jurymen were Captain Aaron Cooke, Ensigne Cooper, Samuell Marshfeild, William Holton, William Woodworth, Richard Lyman, Thomas Bascomb, John Stebbin, Thomas Stanley, Mr. Russell Senior, Nathanell Dickenson, Senior, John Strong, Peter Tilton, Lieutenant Allys and John Hawkes.
William Lewis of Hadley Plantiffe Contra William Miller of North- ampton Defendant in an action of the case for woundinge of a horse to the damage of Six pounds.
Richard Fellowes Plantiffe contra Alexander Edwards defendant in an action of the case for takeing away bricks which Richard Fellowes claimes for his to Six pounds damage:
Richard Fellowes Plantiffe contra Mistress Judith Varlette Defendant in an action of defamation for her saying that Richard Fellowes had played the Rogue or would have played the Rogue to the damage of Two hundred pounds.
Captain John Pynchon Plantiffe contra Boltus Jacobus Lockermans defendant in an action of debt with damage to the vallue of 3£. 10s.
Mrs. Judith Varlette Atturney to Mrs. Schreak of Hartford Plantiffe Contra John Webb defendant in an action of debt of 21f due by Bill together with the damage thereof.
Mrs. Judith Varlette on the behalfe of her father Mr. Caspar Varlette of Hartford Plantiffe contra Richard Fellowes defendant in an action of debt to the vallue of 135f. oos. ood. due on account between them.
Bartholomew Barnard of Hartford Plantiffe contra William Holton of Northampton Defendant in an action of the case for Fraudulent deal- inge in and about the meddow which was Edward Elmers late of North- ampton to 40£ damage:
Samuell Marshfeild of Springfeild Plantiffe contra Francis Hacklinton defendant in an action of debt with damage to the vallue of 8£: Samuell Marshfeilds account in his book of Francis Hacklintons debt to which Samuell Marshfeild tooke his oath was 6£: 18s: 06d.
The Constable of Hadley for not returning the warrant for summon- ing of Jurymen was fyned 20s. The Constable afterwards appearing and acknowledging his error, with Some excuse was released of his fyne:
Northampton Comissioners.
Leiutenant William Clark Ensigne David Wilton and John Strong Senior of Northampton beinge presented as chosen for the three Comis- sioners for ending Small causes not exceeding 4os vallue; were allowed and well approoved off by the Corte and Leiutenant Clark and John Strong took the oath for that Service: And Ensigne Wilton being out of town were impowred to give him his oath when he is returned.
Hadley Constable.
Mr. Steven Terry of Hadleigh being presented as chosen for Consta- ble for that Town was approoved of and tooke his oath accordingly:
Northampton Constable.
John Lyman of Northampton being presented as chosen Constable for that Town was allowed of and took his oath for the service.
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William Holton Serjant for Northampton.
William Holton of Northampton being presented as chosen for a Ser- jant for the band and He being quallifyed accordinge to Law was ap- prooved of by the Corte for that office and confirmed therein. At this Corte.
[11] Persons made free:
At this Corte William Holton, Mr. William Jeanes, Mr. Arthur Wil- liams, Thomas Roote, Senior, Thomas Hanchett and Richard Lyman all of Northampton capable of being free of this Comon Wealth tooke the freemens oath accordingly: as likewise Samuell Marshfeild of Springfeild.
County Treasurer:
The Votes for County Treasurer beinge overlooked it appeared that Captain John Pynchon was chosen Treasurer for the County for the yeere ensueinge.
As to the action depending between William Lewis Plantiffe and William Miller Defendant they agreeing the Plantiffe withdrew his ac- tion paying ios for entry thereof;
As to the action between Richard Fellowes and Alexander Edwards the partyes aggreeing the Plantiffe withdrew his action and payd entry of it.
As to the action dependinge betweene Richard Fellowes Plantiffe and Mrs. Judith Varlette Defendant the Jury fynd for the Plaintiffe 10s dam- age and the Costs of the Corte vizt ios for entry of the action and 2s. for attending the Corte and for the attachment and serveinge it is. 6d.
As to the Action between Captain John Pynchon Plantiffe and Baltas Jacobus Lockermans Defendant the Jury fynd for the Plantiffe 3£. 8s. 4d. and the costs of the Corte vizt ios. for entry of the action 6d. the Attach- ment 12d serving it and 2s. 6d other expences.
As to the action between Mrs. Judith Varlette for Mrs. Schreek Plan- tiffe John Webb defendant: The Partyes aggreeing the Plantiff withdrew her action: and paid entry thereof:
As to the action between Mrs. Judith Varlette for her father Mr. Cas- par Varlette Plantiffe and Richard Fellowes Defendant: Shee withdrew her action paying ios for entry thereof and 2s. for one witness and 2s for Richard Fellowes tyme and trouble.
As to the action between Bartholomew Barnard Plantiffe and William Holton defendant: the Partyes aggreed between themselves: and Soe the Plantiffe was to pay ios for entry of his action.
As to the action between Samuell Marshfeild Plantiffe and Francis Hacklinton defendant.
John Sacketts fyne.
John Sackett beinge at the Corte at Springfeild September 24 1661 bound in a bond of 10f to appeare at this Corte to answer to suspicions of his selling of liquors to Indians: He appearinge at this Corte and there beinge many grounds of suspicions that he had Sold much liquors to the Indians: and it beinge proved that he had Sold unto them i pinte he was
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fyned 4os to the County: And it beinge pleaded against him considering his estate how he could have soe much goods in his house of Indian trade as trayes kettles peltry of Beare and deere Skins he said he bought them of the Indians for wampam and corne. The Corte adjudged he had bro- ken the law about trading peltry incurring the penalty of 100f which the Corte adjudges him to pay to the County: only execution thereof shalbe respited till the first Sessions of the Generall Corte be ended.
John Sackett the next day pleadinge that these skins were traded above a yeere agoe and probability thereof appearinge: his 100£ fyne was remitted: Only he is to behave himselfe well in those respects for future. And if he be found suspicious in such matters hereafter: these things shall stand as witness against him which he consented to:
[12] At the said Corte James Bridgman beinge chosen Sealer for weights and measures for the Town of Northampton for the yeere ensue- inge tooke his oath for the discharge of his office:
Ensigne Wilton of Northampton desiring liberty to sell strong liquors which for that though he still liquors yet by reason of the late law he may not sell in the Jurisdiction without lycence: And he haveing Some liquors by him: this Corte gives him Liberty to sell stronge liquors till the nexte County Corte: provided he sell not but to house Keepers of honest Conversation:
Cornelius Merry servant to John Lyman being by the Comissioners of Northampton fyned for severall misdemeanors in the summe of gos: 1os whereof remaynes unpayd: his Master John Lyman engaging to pay the County Treasurer this 10s. for the use of the County (and 2s for an execution upon it:) The Corte Ordered that as soone as the said Cor- nelius his tyme is expired with his master he shall serve with his said master 12 dayes more for his satisffaction:
[An inventory of the estate of Henry Curtis, late of Northamp- ton, who died the last of November 1661, is omitted.]
Elizabeth Curtis the wife of Henry Curtis late of Northampton de- cease (Dyinge intestate) desireing of this Corte liberty to administer to the estate of her said deceased husband: The Corte Ordered and graunted that shee should be Administratrix to the said estate: And concerninge the said estate the Corte further Ordered that the said Elizabeth haveing 2 Sons named Samuell Curtis and Nathaneell Curtis: the said Samuell her Eldest Son shall have out of the said estate the summe of Fifty pounds when he shall attayne the age of one and twenty yeares: And that her said son Nathaneel shall have the summe of Five and twenty pounds out of the said estate when he shall attayne the like age of one and twenty yeeres: [13] And that if eyther of the said Children shall dy before he shall attayne such age as aforesaid, then the other surviving shall enjoy his brothers porcion at such age as aforesaid: the rest of the estate is to pass unto the said Widdow Elizabeth Curtis:
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[An inventory of the estate of John Broughton, late of North- ampton, deceased, who died March 16, 1661 /62, is omitted.]
And concerninge the estate of the said John Broughton who died in- testate Hannah his wife desireinge to administer to the Said estate: lib- erty therein was by the Corte graunted unto her: but because the estate is thought to be uncertayne: the Corte Ordered that Shee should have lib- erty till next Corte to improove the estate that shee may fynd out what debts are due to and from the estate: and in the meane tyme the land mentioned in the Inventory shall remayne as bound for security for the childrens portions be setled at the next Corte: And Thomas Bascum is desired to assist his Daughter with his councell and advice, which he promiseth to doe:
Joseph Parsons of Northampton uppon his desire hath liberty graunted him to continue in his work and employment of Keeping an Ordinary or house of Common Entertaynment in the Town of North- ampton for a yeare from this tyme: he hath also liberty graunted him to sell wines or strong liquors for the Same tyme: provided he Keepe good rule and order in his house:
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