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 30
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Feb. 2d 1670 [1671].
Richard Barnard examened concerning his getting Sarah Clarke (the daughter of John Clarke) with child acknowledged it and find- ing none that would become Bound for him was Comitted: till he should find suertys for his appearance at the County Cort to answer for his said fornication: And John Clarke Ingaged for his daughter Sarah to be then forthcoming: who by her owne Confeshion is above halfe gon with child: Richard Barnard having had carnall knowledge of her Body last English harvest at the very beginning of Reaping Ry: as she saith for which there fornication they are both to appeare at next Court in Northampton on the last Tuesday in March next, and so the whole case and examinations taken I Transmit thither.
Feb. 9 1670 [1671].
Richard Barnard who had also 2. or 3. times before signified his willingness to Marry Sarah Clark: came before me and manifested his desires to make ameans for his sin sofar as to take her in mariage: which I told him might be if her father consented to it shee being willing as was said: And In order to it John Clark Senior Ingaged with Richard Barnard in the sum of ios to the County Treasurer that the said Richard should appeare at next County Court: and there answer for his fornication: and so I discharge him of the Prison: And [*138] And permit their Mariage together in meane tyme: which was accordingly sollemnized on the 13 of February and they declared Husband and wife:
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PYNCHON COURT RECORD
[ The following March 28, 1671 entry regarding Richard Barnard appears in I Hamp. Cty. Probate Ct. Rec. 126. A variant entry is found in Pynchon Waste Book for Hampshire 81.]
Richard Barnard being bound over to this Corte to answer for his sin of fornication with Sarah Clark of Springfeild which he hath owned and confessed to the Worshipfull Captain Pynchon as also before this Corte, he also haveing marryed her, This Corte being sensible of disorders growing more and more upon us, and in Speciall of the gross miscar- riages of the Said Richard and Sarah his now wife, doth Fyne them each in the summe of Forty shillings to be paid to the County Treasurer for the use of the County:
The said Richard Barnard is discharged of his bond for appearance at this Corte.
Feb. 6th 1670 [1671]. Thomas Stebbing Junior Fyned 20s.
Thomas Stebbing Junior being examened about Publishing a mariage intended betweene Richard Barnard and Sarah Clarke: which was set up on the Post in greate letters without order or knowl- edge of the partys or Parents: and was also underwrit in smaler Let- ters with a foolish and reprochful Rime casting reproch upon the Towne and the Maides in Towne: as by the Paper on file appeares: his offence being very greate besides the sin against God abusing the Parents, the Partys, profaning the Sabath, casting reproch on the Town and on the Maids together with other disorders, Though at first he was alitle saucy yet afterward Confessing all and being ad- monished and told of the evill: he seemed very Penitent and prom- ised to be more watch full against such like disorder: I therefore dealt more gently with him by a small fine bearing Testymony against such disorders: and fine him 20s to the County which he Ingaged spedyly to pay in to the County Treasurer:
March 6th. 1670/71. Nathanell Elys fine of 5s.
Nathanell Ely examened concerning his speaking Reproachfully of Mr. Glover the Reverend Teacher of the Church of Springfeild: By Symon Lobdells Testymony: and by the writing of Symon Lob- dells and Mr. Glovers, of what he said before them which Nathanell Ely owned, and by Nathanell Elys owne acknowledgement all which are on file it appears That Nathanell Ely did most reprochfully villi- fie and revile Mr. Glover a faithfull minister of the Gospell, and Teacher of the Church of Springfeild, And declaring to him that he had broken the law which sentence such offence .5s. He the said Nathanell Ely said the law was good, and he would fall under it for he said he had broken it and he deserves worss: and Ingaged to pay
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the 5s accordingly in to the County Treasurer forthwith and upon this his Ingagement I discharged him.
[*139] Westfeild Constable
March 11th 1670/71 John Ingersoll was Sworne Constable of Westfeild:
Aprill. 28. 1671.
Praiseever Turnur, was Sworne Constable of North Hampton:
May. 1st 1671. Indian whipped for stealling.
An Indian named Aquossowump alias Woquoheg being brought before me for stealing wampam out of Samuel Bliss his house yester- day being the Sabbath day: when the children were at hom who say it is this Indian, being he who kept there most of last weeke: and that he went to the chest and opened it against the childrens will who got on top of the chest to keepe it downe but the Indian being stronger then they: tooke out the wampam while Goodman Bliss and his wife was at meeting in the forenoone: Samuel Bliss his wife says that some of the wampam was her owne and in her owne Purse and other part of it was an Indian womans which shee left with them and was in the womans bagg: and they find all to be gon: The Indian ex- amened ownes that he tooke away some wampam: and the wampam being found with him, he says that one parsell of it was Goodwife Bliss hers and that he tooke it out of her Purse and stript it loose of the strings for so it is found loose, whereas part of it Goodwife Bliss says was strung though Goodwife Bliss says this is much short of her due. And the Peice of Girdle he says himself: was of that which the Indian woman Left which he Challenges for his and says the woman that left it had it of him: But much of All is gon: His theft being evi- dent and on the Sabbath also: and goeing into house stealing as is thought above 20 fadam of wampam I ordered him to pay his spare coate and the wampam found with him: (all which was delivered Samuel Bliss) and also sentenced to be well whipped with 20 lashes which was performed by the Constable.
[Page 140 is blank.]
[*141] July .27. 1671.
Obadiah Cooly makes complaint against 2 Indians for getting into his Howse and stealing from him wampam and some other small things: The Indians Missahump and Mahamatap: appeared (being brought by the Constable) who owne That last Satturday they went into Obadiah Coolys howse at the window noebody being at hom and
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tooke thence a knife: and a long Indian jewell: 7 hands of white wampam and 2 hands of black wampam and a fine workt Basket (though Obadia says there was about Ten fadam of the wampam; and the Basket he was offered .2. faddom of wampam for it: Missa- hump ownes that he was the chiefe actor and propounded it to the other Indian who Consented to watch: I ordered the Indians to be well whipped Missahump with 10 stripes and Mahamattap with 8 stripes well laid on the naked Body by the Constables and to restore the things they have taken away:
Which Punishment was accordingly inflicted. [Marginal nota- tion.]
July 29th 1671. Katharin Hunter comitted to the House of Correction.
Katharin Huntur (of about 14 years old) servant to Robert Ashly Departing from her Masters service unlawfully: once last Tuesday and then Coming againe on Thirsday and yet goeing away againe on Friday Morning to her fathers: and for noe Cause that shee can re- late her selfe but only that her dame once only and that some time before gave her a blow or 2 with her hand: there being nothing to justifie her in her unlawfull departure I ordered her to the howse of correction there to abide till I discharged her:
And William Huntur her father for Harbouring his said daugh- ter and not discharging her and sending her to her aforesaid Master (none Informing) I account 20s due by Law to the Country: But respited the sentence till some other tyme.
[*142] March 6th 1671/72: At Westfeild: Westfeild Con- stable.
Thomas Roote Sworne Constable of Westfeild.
March 8th. 1671/72. Zebediah Williams fyned 10S.
Zebadiah Williams of Northampton being Summoned before me (according to order of Last County Court) to answer for his not ap- pearing at Said Court and also for prophaning the Sabbath: He ap- peared this day: And as to his not appearing at Last County Court he says he had noe warning and it not being proved that he had: that fell: But his profane cariage on the Sabbath was evident according to the Testymony on file.
Whence Zebadiah Williams for his unseemly and prophane car- iage on a Sabbath in the meeting house at Northampton in the tyme of Publike ordinances. Laughing and Jutting others that sat by him to their disturbance thereby Rendring the ordinance unprofitable to
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PYNCHON COURT RECORD
himself and others. As a Testymony against such prophaness I fine him Ten Shillings to the County.
[The following March 28, 1671 and September 26, 1671 entries regarding Williams are found in I Hamp. Cty. Probate Ct. Rec. 127, 131. Variant entries are found in Pynchon Waste Book for Hamp- shire 83, 88.]
Zebadiah Williams being presented by the Jury for disorderly carriage on the Sabbath in the Meeting house in tyme of exercise of publike Or- dinances this Winter (he being at present out of Towne) is to be warned to appeare at the Corte to be holden at Springfeild in September next: Samuell Davis Caleb Pomery and John Bridgman are testimonyes against him, who took their Oath at this Corte as touching what they observed of his ill demeanure:
[September 26, 1671.]
Zebadiah Williams being presented to the Last Corte at Northampton for profaning the Sabbath was to have been warned now to appear to answer it: but he not appearing this Corte Ordered that he be called be- fore the Worshipfull Major Pynchon to be proceeded with for contempt if the Major fynd he had Legall warning now to appeare, if otherwise yet to answer for his said misdeameanor: Witnesses in the case are Samuell Davis, Joseph Edwards and Caleb Pomery:
[Page 143 is blank.] [*144] Westfeild Comissioners
Capt. Aron Cooke, Mr. Joseph Whiting and George Phelps of Westfeild, allowed and appointed Comissioners for Westfeild at last County Court at Northampton: appeared this 27th July 1672. Before me: And tooke their respective oaths for ending small Causes accord- ing to Law.
Aug: 16. 1672.
John Hitchcock was Sworne Constable of Springfeild:
Aug. 18th 1673.
John Dorchester Sworne Constable of Springfeild.
Feb: 7th 13th and 18th 1672 [1673].
Severalls persons being examened concerning an uncivill play acted:
For theire uncivill Immodest and beastly acting (according to their examenations and acknowledgements on file) I fyned severall of them to the County as followeth
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PYNCHON COURT RECORD
Samuel Terry: Timothy Cooper: John Holtum and Isack Morgan 13s 4d a peice Samuel Taylor: Benjamin Leanord and Thomas Miller
5s a pece 04. 08. 04
And Benjamin Dunnidge 20S.
John Dumbleton Junior was only admonished:
[*145] March 5th 1672/73. David Ashley was sworne Constable of Westfeild.
October . 13. 1673: Westfeild Comissioners
This day Capt. Aron Cooke, Mr. Joseph Whiting and George Phelps Comissioners to end small causes at Westfeild for the yeare ensueing Tooke theire respective Oaths for the discharge of their Duty: Before me JOHN PYNCHON
Aprill. 10. 1675.
Capt. Aron Cooke and Mr. Joseph Whiting (being allowed com- missioners for Westfeild at Last County Cort in Sept. 1674:) Tooke their Oaths, belonging theretoe this 10th of April 1675 from whence there yeare will begin.
And George Phelps tooke his oath to the said worke Aprill. 27th 1675
[*146] Aug. 25th 1673. Isack Morgan: Fyned .10s.
The Constable William Warrinar Complaining against Isack Morgan for not attending him when he required him on Friday Night last to goe Post with a letter to Quabaug: The said Isack ap- pearing and speaking for himselfe, yet it appeared That while the Constable went to fetch the letter to him, he slipt away and was not to be found, so that the Constable was forced to seeke another for which neglect of his the said Isack: I fine him Ten shillings to the County.
[*147] October 24th 1673.
William Huntur Complaines against John Petty for abusing him by striking him etc .: as also against James the son of John Petty for that the youth called him names and gave him bad and Ill Language.
That about the Boys language being denyed and not proved I only admonished him.
But as to John Petty striking Huntur besides the Testymony given in of Walter Holyday and his wife etc. John Petty owned the full and acknowledged that he being in a rage for Hunturs striking
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PYNCHON COURT RECORD
his Boy a Box under the Eare that he Run to him with a stick he tooke up and struck him a Blow which Blow having Lamed his arme at present and being scarse well now .2. or .3. days after: I doe order: John Petty to pay Ten shillings to said William Huntur in way of sattisfaction and five shillings as a fine to the County: which five shil- lings in regard of John Pettys acknowledgement of his fault and manifesting sorrow and Troble for it and upon his hearty acknowl- edgement of it I doe release and remit the fine and only order the 10s to be paid William Huntur.
John Petty complaines.
[*148] John Petty Complaines against Goodwife Huntur for of- fering to mischeife his wife and giving her Ill Language calling her as the Testymonys speake: Railing Scolding and other exorbitancys of the Toung appearing as by the Testymonys of Mary Brookes and Mercy Johns on file and Also the Neighbors declaring her continuall Trade upon every occasion to be exorbitant with her Toung as par- ticularly Samuell Marshfeild and John Bagg so declared I sentence her to be Gagged or else set in a ducking stoole and dipped in water as Law provides: Shee to choose which of them shee pleases within this halfe howre: or else I to determine and order either as I see cause.
Shee not choosing either: I ordered her to be Gagged and so to stand halfe an hour in the open streete which was done accordingly: and for her reproching Goodwife Petty shee did openly cleare her of all shee spake against her and asked foregiveness which Goodwife Petty accepting off shee was released as to that.
[*149] December 18th 1673.
Thomas Parsons John Aires: Junior Also: Samuell" Kent: of Brookefeild Tooke the oath of fidelity to this Government.
Jan. 28th 1673 [1674].
At Hadley These persons following tooke the oath of fidelity
Samuel Crow, John Ingram, Joseph Seldon, Isack Harrisson, Jo- seph Weld, James Bebee, John Loomis, William Gaylard, Thomas Hust, John Mountague, Charls Barnard, John Hubbard, Thomas Craft, Nathanell Crow, John Barnard, William Rooker: David Hoite.
Daniell Marsh, Joseph Grannis, Isack Warner, Samuel Boltwood, Edward Scott, Joseph Hovey, Nehemia Dickenson, Azaria Dicken- son, James Leevens, Thomas Hovey, Peter Mountague, Joseph Kel- logg, Junior, Samuel Gardner, Junior, John Gardner, Symon Bea- mon, Edward Grannis, John Taylor, John Dickenson, Junior, Tim- othy Nash, Thomas Wells.
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PYNCHON COURT RECORD
[*150] March 9th 1673/74.
Nathanell Pritchard makeing Complaint against Obadiah Cooley for that the said Obadiah Cooleys Dogg with Goodman Dorchesters, had this last Night killed one of his sheepe: Goodman Dorchester having hanged his Dogg: Obadiah Cooly refused so to doe: The said Obadiah Cooley appearing, and it being proved to his face by the Testymony of Nathanell Pritchard and James Stevenson (which are on file) that his Dogg was there with Goodman Dorchesters in Wur- rying and killing of the sheepe and eating up of part of it, being also gilty etc.
He resolved to Hang his dogg: and so Issued this matter:
Aprill .7th 1674.
Thomas Noble: being presented as chosen Constable of West- feild; was sworne to discharge the said office in Westfeild.
Aprill: 12th 1676:
Jedediah Dewey being presented as Chosen Constable of West- feild Tooke his oath to discharge the said office in Westfeild for the yeare ensueing:
[*151] Aprill 27th 1674.
David Morgan Plantiffe against Charls Ferry for not weaving linnen yarne into cloth according to agreement: David affirming That Charls Ingaged to pay him for worke in building Charls a shop: Thirty shillings in weaving cloth which now Charls refuseth to doe: being to the Plantiffe damage 40S.
The Testymonys in the case produced being sworne and are on file I find for the Plantiffe That Charls Ferry make good the Thirty shillings in weaving or otherwise pay him Thirty shillings, in Cur- rent Pay: together with Costs of Court 3s 6d.
Aprill 27 1674. Samuell Allys fyned 5s.
Samuell Allys of Hatfeild being presented and Complained off for Throwing a Stone at James Browne at Hatfeild on the 12th of this Instant Aprill on the Sabbath Evening alitle after evening shut in Whereby James Browne was pritty much wounded on the eye- brows James Browne giving in his Testymony that it was Samuell Allys: the said Samuell Allys also owning it only saying he did not intend to hurt him but only tossed it in waggery But hurt being done and it being on the Sabbath Night and he being out that Night (though he says it was as he was goeing up to the Barne to serve his Cattle) I order the said Samuell Allys to pay five shillings as a fine to the County and to defray the charge of John Colemans Coming
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PYNCHON COURT RECORD
downe with him to discharge all charges, and refer the sattisfaction to James Browne to his Complaint against him and as shall appeare so to be meete and Just.
[*152] Aprill 30th 1674. Butler and Omsted fyned 10s piece.
Daniell Butler and Samuell Olmsted being Complained off for prophaning the Sabbath in that they drove Cattle thorow the Towne on Sabbath day was Senight being the .19th. day of this Aprill: The said Butler and Omstead appeared who owne their lying at the Lower end of the Long meddow on Satturday Night and on the Lords day Morning they drove their Cattle from the Lower end of the meddow thorow the Towne and missing theire way almost to Sheepnuck and thence went on with their cattle so that they were at Quabaug on Munday Morning with their for Cattle by 10 of the clock.
For their so profaning the Sabbath I fine them ios apiece to the County That is to say Daniel Butler ios and Samuel Omstead 10S and to pay the charge of their apprehending: and presently to pay the Monny or else to stand comitted.
[*153] May. 12. 1674:
Thomas Miller Junior being Complained off for abusing the watch last Thursday Night viz Thomas Lamb and John Lamb be- tweene .10. and .11. of clock at Night; as appeares by their Testy- mony which is on file: I Judge the said Thomas Miller (all Circum- stances (the provocations) Considered) to Pay as a fine to The County five shillings.
[The bottom half of the page is missing.]
[Page 154 is blank, with its bottom half missing.]
[*155] July 17th 1674.
Benjamin Allyn of Hatfeild being brought before me for Break- ing into Goodman Meakins his house last Lords day at night was Senight and stealing a Barrell of Liquors etc.
Being examened (as per his examenation on file) he acknowl- edged it in part: As also that James Browne was with him and part- ner, he carrying away the Liquors into the woods, all which they did in the Dead of the Night about Midnight.
James Browne also appearing though denying the fact yet ac- knowledges he was with Benjamin Allyn that Lords day night in the evening: and they spake together: which tyme Benjamin Allyn says they concluded to doe the act that Night.
I required Both of them to become Bound in .20f Bond a peice with .2. sufficient suertys for theire appearence at Next County Court
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PYNCHON COURT RECORD
at Springfeild in September next as also for theire good Behaviour in the meane tyme. [Accordingly] Benjamen Allyn in Twenty Pounds and Israell Dewey as suerty in like sum of Twenty Pounds [illegible] to the Treasurer of Hampshire, Doe acknowledge themselves Bound: That Benjamin Allyn shall appeare at the Next County Court and abide the order of the Court answering to and concerning his felloni- ous taking Liquor and breaking open the Howse of Thomas Meakins Senior: as also that said Benjamin Allyn shallbe of Good Behaviour in the meane tyme and in case of default therein to forfeite the said sums:
This Done and acknowledged this .11. July 1674.
Before me: JOHN PYNCHON
James Browne finding noe Suertys was comitted and is to stand Comitted till the Cort or till he shall find suerty as aforesaid: Thomas Meakins Senior: Ingages in Ten Pound Bond to persecute Benjamin Allyn and James Brown at next County Court for their Breaking open his house and stealing Liquors as abovesaid.
Before me JOHN PYNCHON Asistant.
[The following September 29, 1674 entry regarding Browne and Allyn is found in I Hamp. Cty. Probate Ct. Rec. 158. A variant entry is found in Pynchon Waste Book for Hampshire 121.]
James Browne and Benjamine Allin, both Late of Hattfeild being Bound over by the Worshipfull Major Pynchon to appeare at this Corte to answer for their gross miscarriages in Breakeing up the House and Sellar of Thomas Meakins Senior of Hatfeild and Stealeing of Strong Liquors and doeing other Damages etc. as in their examinationes and Confessions before the Worshipfull Major Pynchon Assistant appear- eth; They both made their appearence at this Corte and their examina- tiones and Confessions (which are on File) being Reade to them they agayne acknowledged their wickedness, and they haveing Stolen nere nine gallones of Liquors, Besides what hath beene found and restored they are to pay treble according to Law viz twenty five gallons also they are adjudged to be Branded in their Forheades for their Burglary) with the letter B and to pay 3f as a Fine to the County for Corte Charges, and Benjamin Allin is to pay 1f. 16s. ood for Charges in Persueing of him towards Albany etc as per Bill and Both of them are to pay 1f 19s ood for Conveying them to Springfeild etc as per bill, and to Moses Croffts 10S. 06d. And to John Hawks 7s for Charges about them as per Bill: And for Breakeing Daniell Whites Windowes, to pay him 20S.
[*156] November .10th 1674.
Indian Wellawas being brought before me (by the Constable) for being Drunk it so appearing last Night that I comitted him till this Morning that he might be Sober: which he also Now ownes. I fyned
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PYNCHON COURT RECORD
him 10s, being a known Indian give him 8 days (at his desire) to pay it and if he pay not the Ten shillings in .8. days tyme to be appre- hended by the Constable and whipt with .10. stripes.
Dec: 22th 1674.
Indian Nowattassome and Wepuck, being apprehended for steal- ing a Trap of Timothy Coopers which had bin gon a yeare and halfe and Confessing they know where it is at Mohegan and owning also they saw it before it was caryed thither, other Circumstances plainly declaring them Tardy I ordered them to bring the Trap and 12 fadam toward the charges etc .: and Wequogan Cochapesnet and John Ingaged for theire bringing the Trap and paying 12 fadam and so the Indians are discharged.
[*157] Dec: 23: 1674:
Joseph Crowfoote Complaines against William Brookes for not paying him .34s due per Bill with due damages presenting the Bill (which hath bin due betweene .6. or .7. yeares:
Brookes affirmes the payment of it: and part of it appeares but other part being doubtfull and depending on acounts with Mr Gil- bert at Hartford I adjourne the busyness to this day a Month before Lecture:
Jan. 20 1674: [1675].
Both partys appearing: and a Testymony from Jonathan Gilbert being produced clearing that William Brooks Paid the old account about barels: it thence appeares that: William Brookes hath Paid to Crowfoote By a calfe from widdow Burt 14s 6d
more 03. 0
and By Serjeant Stebbins 06.
By Serjeant Morgan 06
1. 9. 6
So that there can be but 4s 6d due which I Judge William Brookes to pay: But inasmuch as William Brookes made a Journy to Hartford to cleare the busyness as above that is allowed and so the whole ac- counts between them Paid.
[* 158] December 27th 1674.
The day being Sabbath day a child of betweene .3. or 4 year old of Abell Wrights: called Henry came to its end: and this 28th Dec: the Constable having Summoned a Jury to Inquire into the manner and Cause of its death: who were but .6. persons in regard of the remote- ness of the Place from the Towne over at Shepnuck and bad season and way: Theire Names follow viz Rowland Thomas: Jeremy Hor-
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PYNCHON COURT RECORD
ton, Thomas Stebbing: Thomas Mirick, John Clarke, Timothy Cooper, whose returne upon oath is That according to their best light evedence and Inquiry They find That the child went out to a sled without the dors and Indeavoring to get up upon the sled halfe Loaden with wood, a Log Rowled downe on the child and the Log falling on the childe which was a heavy log the child thereby came to its end:, the Log lying upon the child when it was found dead.
[*159] June .18th 1675:
John Aires, senior of Brookfeild Plantiff (according to Replevy) against William Pritchard and Samuell Kent selectmen of Brook- feild: for unlawfully distreining some Pewter dishes of his which the Constable did by occasion of their order:
William Pritchard and Samuell Kent appearing and putting it upon profes that they gave order for the distress, and plainly not owning it and John Aires not proving it: I allowed theire charges viz for .3. days each which is sixe shillings a peice in all .12s for John Aires to pay to William Pritchard and Samuell Kent and likewise Sixe shillings for Corporall Coys appearence as a witness by warrant:
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