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 29
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[*99] June 20th 1662. Before Capt. Pynchon, Mr. Holyoke:
Symon Lobdell Complaints against William Brookes for not pay- ing a debt of Thirty nine shillings sixepence.
For profe: Symon produced an account made up dated the 19th of June 1659 written by Jonathan Burtt (wherein there was this written) Resting due to Symon Lobdell from William Brookes the Sum of one Pound seventeene shillings and all accounts cleared to be paid in wheate or Tar.
Symon Lobdell demands this debt being the Ballance of the ac- count then made betwixt them.
Jonathan Burt also testifies upon Oath as followeth That the ac- count was made up in my presence and that both Symon Lobdell and William Brooks did desire me to write it, and I writ nothing but what they both did order me, and to the best of my memory it was a chearfull account on both sides:
There is more to be added to this account (which William Brookes ownes) for bringing up .5. empty barells-8 or .06d the whole is Thirty nine shillings sixpence The which William Brookes is adjudged to pay in wheate or Tar:
[*100] June: 1662: .2. Indians fyned for Drunkeness.
Two Indians being brought before John Pynchon by the Consta- ble of Springfeild for being drunk in the Night who were taken by the watch: They owned themselves drunk: and being demanded to
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pay theire fines of Ten shillings a peice: they ingaged to doe it and Left a gun with the County Treasurer till they make payment.
Theire Names were Pagamunt of Pacomtuck and Awasshaws:
[*101] September 22th 1662. Before Leiutenant Holyoke, Mr: Chapin and John Pynchon.
John Stewart fyned for Card playing.
Severall persons being Convented before us for playing at Cards, and suffering the said unlawfull Game in theire howses: There was only profe made against John Stewart: by John Bagg and Thomas Millers oath which is on file whereuppon the said John Stewart was adjudged to pay five shillings for his Playing at Cards, and Twenty shillings for that he Commonly suffered the said Game to be played at his house.
Nothing appearing against the other persons they were released only Henry and Japhet Chapin deferred till another tyme if we should se cause to call them forth againe.
[The following entries for a court held by commissioners at Springfield on September 30, 1662, not contained in the Record, are found in I Hamp. Cty. Probate Ct. Rec. 14-17.]
[14] At a Corte holden at Springfeild September 30th 1662.
For holdinge of this Corte there were present, Captain John Pynchon, Mr. Samuell Chapin And Elizur Holyoke, Recorder.
The Jury men were Nathaneel Ely, Thomas Coleman, Robert Bart- lett, Joseph Parsons, Robert Ashley, Miles Morgan, Thomas Stebbins, Thomas Mirick, Lawrence Bliss, Thomas Bancroft, Richard Sikes, John Dumbleton.
Thomas Noble of Springfeild Plantiffe contra Widdow Sackett late of Springfeild defendant in an action of debt with damage to the vallue of 3£
Captain Pynchon Plantiffe contra Widdow Sackett Administratrix above said, defendant and William Blomefeild administrator to the es- tate of Symon Sackett Late of Springfeild deceased defendants in an action of debt wtih damage to the vallue of 24f.
Susannah Cunliffe daughter of Henry Cunliffe of Northampton Plan- tiffe contra Medad Pomery Executor to the last will and testament of Eldad Pomery late of Northampton deceased defendant, in an action of the case concerninge a Legacy, vizt. for neglecting to make good what was bequeathed to her by the last will and testament of Eldad Pomery to the vallue of twenty pounds or thereabout.
This action was withdrawen by Plantiffe and defendant aggreeing to putt the matter to reference:
Mr. Caspar Varlette of Hartford Plantiffe contra Richard Fellowes
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of Hadleigh Defendant in an action of the case for witholding a debt of One Hundred thirty and five pounds due by booke accounts:
Thomas Stebbin Plantiffe contra Widow Sackett defendant in action of debt with damages to the vallue of Three pounds:
In this last action the Jury fynd for the Plantiffe vizt Thomas Stebbin the summe of forty shillings and the costs of the Corte vizt ios for entry of the action:
Edward Elmer Plantiffe contra John King defendant in an action of reveiw respectinge an action commenced by the said John King Plantiffe and Edward Elmer defendant at the Corte in Springfeild September 24 1661. Wherein the Jury fynd for the Plantiffe costs of the Corte.
For prosecuting of this action Thomas Burnam of Hartford ap- peared as Atturney for Edward Elmer:
Mrs. Lord of Hartford Plantiffe contra Widdow Sackett late of Spring- feild defendant in an action of debt to the vallue of 2£. 18s. 04d and 1f. 15s. od: damage:
William Pixley of Hadleigh Plantiffe contra Joseph Roote of North- ampton defendant in an action of Slander to Forty pounds damage in Saying that he had gott Sarah Lynsley with child.
The Jury fynd for the Plantiffe the summe of ten pounds:
In the action depending betweene Thomas Noble and Widdow Sack- ett the Jury fynd for the Plantiffe the summe of three pounds:
In the action depending between Captain Pynchon Plantiffe and Widdow Sackett and William Blomefeild defendants the Jury fynd for the Plantiffe 20f. 155. 08d. vizt 19f. 155. 08d. and 20s for costs of the Corte:
[15] In the action dependinge between Mr. Caspar Varlette and Rich- ard Fellowes: The Corte judged that Seeing Mr. Caspar Varlette is dead and none appearinge as declared heire executor or Administrator or as- signe of the said Mr. Varlette etc: that therefore the case was not tryable at this Corte: And Richard Fellowes for prevention of future trouble did in the presence of the Corte acknowledge himselfe bound to any that are or shalbe found to bee eyther the heires executors or Administrators of the said Mr. Caspar Varlette in the summe of two hundred pounds Ster- linge: to appeare at any Corte at Hartford upon Six dayes warninge to answer the heires executors or Administrators of the said Mr. Caspar Var- lette concerning any accounts of or debts due from the said Richard Fel- lowes to the said Mr. Varlette or to his estate:
In the action dependinge betweene Mrs. Lord and Widdow Sackett the Jury fynd the debt for the Plantiffe vizt 2£. 18s. 4d. and costs of the Corte:
Thomas Stanley of Hadleigh by Thomas Coleman Juryman com- playnes against Robert Williams for violent taking away his cattell as they were driving to the pound:
Samuell Marshfeild of Springfeild being Plantiffe contra Francis Hacklinton at the Corte held at Northampton in March last in an action
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of debt with damage to the vallue of Eight pounds: the Jury then fynding for the Plantiffe the summe of 6£. 18s. 06d. and Costs of Corte: vizt 10S for entry for the entry of the action and 18d. for the attachment: and 4s. for the Plantiffe loss of tyme: This Corte approoves of the said Verdict, giveing liberty to the Plantiffe to take forth execution against Francis Hacklinton the Defendant: And the Said Samuell Marshfeild Plantiffe did in presence of the Corte acknowledge himself bound in a bond of 10f to be responsible to the Plantiffe [sic] for what he shall take in ex- ecution of the Said Francis Hacklintons estate if he shall reverse the judg- ment within a yeare from this tyme:
There was taken in execution on the estate of Francis Hacklinton January 5 1662 [1663]: 3 ruggs at 4f. 10s. od: a cloake at 10s. and of James Osborne 14s. which he owed Francis Hacklinton:
In reference to Charges concerninge the house of Correction and other occurrences this Corte Ordered that there be a rate made and raysed uppon the County for defrayinge of the Same: which rate is to be Soe much as is a quarter part of the Single Countrey rate of these Three Townes this yeare, and is to be levyed upon the Inhabitants of the Same, to be paid unto the County Treasurer eyther before Winter or the next Springe.
In reference to the settlement of the estate of Richard Lyman, late of Northampton deceased, this Corte advised Some relations and freinds of the Deceased and the Widdow, to consider together how they would ad- vise concerninge setling of the Said estate both in respect of the Widdow and also her children, (for that her husband dyed intestate) : Whose ad- vice the Corte approved of, and accordingly Ordered that the Eldest Son shall have out of the said estate the summe of Sixty pounds and the other Sons Forty, pounds each of them, and the Foure daughters thirty, pounds each of them: And that the Widdow their Mother should [16] have and enjoy all the rest of the estate as her own proper estate: And if any of the children shall dy before they come to such age as that their portions should be due unto them: that is to say, the Sons to the age of One and Twenty yeares and the daughters Eighteene yeares or Sooner in case they should come to a married estate; then such childs and childrens portions shall pass unto the rest of the children and shalbe proportioned among them as their mother shall judge of their deserts: And her hus- bands land shall remayn and stand as security for payinge the childrens portions:
[A copy of the inventory of the estate of Richard Lyman, late of Northampton, deceased, taken September 19, 1662, is omitted.]
To this Inventory the Widdow Lyman made oath before the Corte: And uppon the said Widdow Lymans desires the Corte graunted that shee should be administratrix to the estate of her deceased husband: and Also her father Thomas Fard of Windsor together with John Strong and Ensign Wilton of Northampton being desired by the said Widdow to be
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Overseers of the said estate and assistinge to her and they consenting thereunto were well approved of by the Corte for such ends.
[17] Henry Burt of Springfeild who departed this life Aprill 30th. 1662. not leavinge any will under his owne hand for the disposing of his estate yet for that he did by words express his mind therein before En- signe Thomas Cooper and Jonathan Burt who by a writing under their hands presented the Same unto this Corte: a coppy whereof hereafter followes, the Widdow Burt before the Corte consenting thereunto The Corte allowed the same to stand as the Last will and testament of the said Henry Burt.
We Thomas Cooper and Jonathan Burt doe testify, That after Henry Burt now deceased had disposed of part of his estate to his Son Nathan- eell, the said Henry had Such expressions as these. vizt. that what estate he had then left should be at his wifes dispose as witness our hands This 29th of September 1662.
Thomas Cooper: Jonathan Burt
To the truth hereof as the mind of the said Henry Burt the said En- signe Cooper and Jonathan Burt tooke their oath in the presence of the Corte:
[Omitted are an inventory of the estate of Henry Burt of Spring- field, deceased, taken September 11, 1662; a copy of the will of Eldad Pomry, late of Northampton, deceased, together with a copy of the inventory of his estate; a copy of the will and the inventory of the estate of Thomas Gilbert, late of Springfield, deceased; and a copy of the inventory of the estate of the Widow Gilbert, wife of the late Thomas Gilbert of Springfield.]
[20] Their beinge presented into this Corte by Ensigne Cooper the Names of Severall persons who were by the trayned band of Springfeild chosen to severall places and Offices in the said Company, together with the desire of the said Company that this Corte would confirme the said Persons in such Places and offices to which they were chosen:
The Corte taking into consideration the desires of the Trayned Band of Springfeild thought fitt to confirm and ratify the choyce of the Soul- dery There: And therefore Doe accordingly declare That Samuell Marsh- feild is and shalbe the Clark of the Trayned Band at Springfeild: And that Thomas Stebbins is and shalbe their Eldest Serjeant: And Miles Morgan their Second Serjeant: And that Jonathan Burt is and shalbe their first Corporall: Benjamin Parsons the Second Corporall: Rice Bedortha the third Corporall: And John Dumbleton the fourth Cor- porall:
John Nicholls a young man son of Goodman Nicholls of Hadleigh be- ing upon the 27 of July 1662 drowned in the River at Hadleigh, and there being a Jury of twelve men of Hadleigh impannelled and sworn to make inquiry concerning the manner of his death; the verdict of the Jury
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remayning on the file was presented to this Corte: whereby it appeared they found his death casuall or accidentall not any way plotted by any person or persons:
In reference to highwayes and bridges between Springfeild and Had- leigh, this Corte Ordered that Ensign Cooper and Joseph Parsons and Nathaneel Dickison Senior be appoynted A comittee and impowred to consider of the bridge comonly called Batchelors bridge and other defec- tive places in the said road whether they shalbe repayred by the County or by what particular place: and that being by them concluded: the said Joseph Parsons and Nathaneell Dickison are impowred to take effectuall courses for amendment of the Same: for which purpose they have power with any one of Hadleigh Comissioners to issue forth warrants to im- prese men or carts out of eyther of those two Townes, as they shall judge needful for the work: Provided they Keepe not any Persons or Teames more than 3 dayes in a week to the work: And the work is to be done eyther before Winter or furthest by the tenth of Aprill next:
Samuell Marshfeild presenting his desires to this Corte for renewing of his Lycence to keep an Ordinary or house of Common Entertaynment and for Selling wine or liquors hath his licence renewed for one yeare next ensuing Provided he keep good Order in his house:
[The will of John Webster, late of Hadley deceased, is omit- ted.]
[*102] Feb. 2d 1662 [1663].
Joseph Crowfoote complayning against Thomas Thomson for abusing of him comeing lately from Windsor in that he tripped up his heeles and when he was down giveinge 3 thumps with his knee on his body: he not proovinge his charge before the Comissioners by the witness he produced:
The said Witnesses with others did testify that Joseph Crowfoote in their apprehensions was overcome with drink at that tyme whose testimonyes are on file:
Whereuppon the Comissioners adjudged the Testimoneyes of force against him prooving him to have abused himselfe with drinke and therefore fyned the said Joseph Crowfoote ios to the County: And for that Thomas Thomson was prooved too active in that which concerned him not he was admonisht and reprooved therefore and Soe dismist.
[*103] March .17. 1662/63. Before the Comissioners Capt. Pyn- chon and Elizur Holyoke.
Serjant Stebbins of Springfeild Atturney for Mr Goodwin of Had- ley complaynes against Widdow Sackett late of Springfeild Admin- istratrix and William Blomfeild Administrator to the estate of Sy-
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mon Sackett deceased in an action of debt due upon account together with damage to the value of Six and Thirty shillings.
The Plantiffe prooving the debt of 1f 06s oid the Comissioners adjudged the Defendant to pay the said Debt: and 6s 5d for costs and charges belonging to the said action: the debt was prooved as by ac- count on the file:
June 22. 1664. Before the Comissioners Samuell Chapin and Elizur Holyoke.
Nathaneell Ely complaynes against Joseph Leonard for wrong- fully impounding his horse:
The Plantiffe and Defendant uppon debate of the case being found very insufficiently provided eyther to prosecute or to defend having noe testimonies at hand: The Comissioners propounded to them that if they would be content to lett the matter wholly rest and trouble each other noe further, this Entry of the sute should cost them nothing:
Whereupon both Plaintiffe and defendant were very willing and did yeeld and engage not to stir or trouble eyther the other about the busyness:
[* 104] Ejusdem die.
Thomas Hobbe Constable presenting Thomas Thomson and John Horton for that last Sabbath was fortnight vizt June the .7. they made a fray in the street in the Evening and about ¿ an houre after sun sett: Samull and Elizur Holyoke being accessary in the said fray:
The Comissioners uppon examination of the case doe fynd that the said Foure persons did profane the Lords day: and therefore Doe determine that they all Shalbe admonished thereof and that Thomas Thomson John Horton and Samuell Holyoke shall pay a fyne of five shillings apeece to the County: or be whipped by the Constable on the naked body with 3 stripes apeece: whereupon they were all ad- monished and the 3 former desireing to pay the fynes than otherwise were Ordered to pay them to the County Treasurer:
Also an Indian called haveing lately complayned to the Comissioners that haveing left a barken Cannow in Goodman Muns Garden it was taken forth and used and abused by diverse young persons at the brooke in the streete, whereby the Canow was made unserviceable:
The busyness being examined there were found fifteen young persons children and others that had a hand in playing with the Can- now: but who of them broke or splitt the Cannow it could not be [*105] certaynly determined: Whereuppon the Comissioners con-
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cluded that the said young persons should pay the said Indian 4d a peece and the Constable was ordered to gather up the money for the said Indian:
[* 106] Springfeild March 4th 1664/65. Before Mr. Holyoke and John Pynchon.
John Scott meeting with the Indian Watsaw Luncksin demanded of him a debt which he owned him and the Indian acknowledged before me John Pynchon and Mr Elizur Holyoke That he owed John Scot which he had taken up of him at severall tymes to the vallue of eight fadam of wampam.
Also he owned that for his misdemeanor some yeares agoe in breaking the glass windows of Capt. Pynchon farmehouse and other miscariage he was to pay .8. fadam of wampam: at treble is-24 fadam.
All which he did before us Ingage to take care for the Payment off when he could get any thing to doe it: and Ingaged his land above Hadly up to Mattampast for it which he made over for that end.
Aprill 24th 1668.
Richard Coy was sworne Constable of Quabaug.
[Pages 107-132 are blank.]
[*133] Dec. 22th 1669.
Thomas Gun of Westfeild Tooke the Oath of a Freeman: These Tooke the Oath of fidelity Moses Cooke: George Sexton, Thomas Roote, Edward Neale, Jonathan Alvard, John Osborne, John Greete, George Fyler, Ambross Fowler, John Ponder and Jedediah Dewey.
[The lower half of the page is missing.]
[*134] Aug: 1669 Thomas Day was Sworne Constable of Spring- feild:
Aug: 28th 1670 James Warrinar was sworne Constable of Springfeild
Aug. 1671 Miles Morgan sworne Constable of Springfeild
Aug. 1672 John Hitchcock.
Aug. 1673 John Dorchester.
Aug. 19. 1674: Samuell Bliss sworne Constable of Springfeild. Afterward: I entred them in my Law Booke.
[The lower half of the page is missing.]
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[*135] Sept. 16th 1670.
Reice Bedortha making Complaint against William Brookes and Mary his wife for theire abusing of his son Joseph Bedortha by Bad language flinging a stick at him and using Reproachfull words Threatning expreshons and Taunting speeches: William Brooke and Mary his wife appeared, and Although they partly deny what is charged upon them, yet I find them both gilty of a very great Misde- meanor Touching that busyness. And doe fine them as followeth
William Brooke, fyned 20s [Marginal notation.]
William Brookes for his Threatning High words, opprobrious speeches and villyfiing expresshons all which are evedenced by the Testymonys of John Scot, Isack Morgan and Thomas Lamb, which are on file and Reitterating the same: I sentence him, therefore To pay a fine of Twenty shillings to the County: and to pay 12d apeice to the witnesses:
Mary Brooke .10s. [Marginal notation.]
Also Mary his wife for her opprobrious and threatning speeches as by the Testymonys of John Bag, David Morgan, Edmund and Mary Pengilley [?] I fine her the Sum of Ten shillings to the County.
The Testymonys are on file.
Which fines of 20s and 10s William Brooke Ingaged to pay in to the County Treasurer within a very short tyme, as also to sattisfie and Pay the .7. witnesses . 12d a peice.
[Page 136 is blank.]
[*137] December 26 1670.
Joseph Leanord and Samuell Fellows of Hatfeild being Brought before me for Contemptuous Behaviour towards Nathanell Dicken- son the Constable of Hatfeild and finding they did contemptuously and in a most Boisterous manner affront the said Constable when he was in discharge of his office. I order the said Leanord and Fellows to be secured till the morning when the Jaylor is to bring them before me at 8 of the clock.
Dec: 27. (1670) .
Joseph Leanord and Samuell Fellows appearing, and the Consta- ble making his declaration against them: and presenting several Testymonys to prove theire cariage was very Contemptuous: I or- dered them to become Bound to answer it and their Illegall Trading with Indians at Next County Court: And they accordingly became Bound in 20£ a piece with 2 suertys: and so I discharged them at present, refering the whole to next County Court at Northampton in March next.
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[The following March 28, 1671 entry regarding Fellows and Leon- ard appears in I Hamp. Cty. Probate Ct. Rec. 128. A variant entry is found in Pynchon Waste Book for Hampshire 84 where a marginal notation reads "were bound over to this Corte by Captain Pynchon in December last."]
Samuell Fellowes and Joseph Leonard being accused for Selling of Strong liquors to the Indians and for buying Beaver of the Indians with- out License for which they were both bound over to this Corte by the Worshipfull Captain Pynchon in December last: they both appearing at this Corte and their inditement read, they both desired to be tryed by the Jury: And Soe both the cases being examined openly and committed to the Jury and by them Searched into they brought in their verdicts, That they fynd both the said Samuell Fellowes and Joseph Leonard guilty of selling to the Indians Five pintes of Strong Liquors against the Law page 41. Section 5. and therefore also fynd that they are to pay to the County the summe of Ten pounds: the Jury also fynd the said Fel- lowes and Leonard guilty of buying of the Indians One Skin of Beaver against that Law page 41. Section 4. they produceing noe Lycense soe to doe, and according to that Law fynd them to pay to the County the summe of One Hundred pounds:
These verdicts were received:
And the Corte Ordered the said Samuell Fellowes and Joseph Leonard to pay forthwith to the County Treasurer for the use of the County the tenne pounds for their soe selling of Liquors and they give security for payment thereof:
And for the 100f fine for their buying of beaver, they are to pay tenne pounds thereof forthwith to the County Treasurer for the use of the County and the rest of it to be at the pleasure of this or succeeding Cortes:
Also they are to pay Costs of Corte vizt for entry of the two actions or cases 20s for the one actions and 15 shillings for the other and for other charges as per bill 3£. 10s. ood. and the Recorders fees 5s.
And whereas the Said Samuell Fellowes absented himself before the determination of the case and answered not when often called to answer the case wherein Samuell Billing was bound for him in one bond and Symon Lobdell and Samuell Bull in another bond, This Corte declareth both Said bonds to be forfeited: yet that case of the forfeiture of those bonds is referred to the Corte to be holden at Springfeild in September next for further disquition:
Also Joseph Leonard for his contemptuous carriage particularly to- wards the Worshipfull Captain Pynchon as also towards Hatfeild Con- stable is fyned to the County in the summe of 5f to be paid to the County Treasurer for the use of the County:
And Samuell Fellowes for his contemptuous carriage in Corte and to- wards Hatfeild Constable is also fyned 5f to the County to be paid to the County Treasurer.
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[The following September 26, 1671 entries relating to Fellowes and Leonard appear in I Hamp. Cty. Probate Ct. Rec. 129-30. A var- iant entry appears in Pynchon Waste Book for Hampshire 85-86.]
Samuell Billing of Hatfeild being bound in the summe of forty pounds for Samuell Fellowes his appearance at the last Corte at North- ampton (to answer for his being suspected of Fellony) the said Billing petitioning this Corte for favour in the case for that his bond was by the Last Corte declared to be forfeited: this Corte to shew their readyness to hearken to the request of the poare doe abate Twenty pounds of the said forfeiture: And whereas the said Billings hath attached Four pounds of the estate of the said Fellowes it being delivered in to the County Treas- urer is to be and is accounted as part of the pay of the other 20f and the other 16f remayning he is to pay to the County Treasurer for the use of the County with all convenient Speed:
Joseph Leonard petitioning for an abatement of his fyne wherein he and Samuell Fellowes were fyned Last Corte at Northampton for selling liquors to and buying bever of the Indians was abated 5£ provided he take a course Speedily to pay the rest of his dues to the County.
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