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 31
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[* 160] December 11th 1675. Beardsly: fyned 10s.
Thomas Beardsly (a garrison Soldier) being accused for being in drink and swearing at least the swearing being evident that he swore By God owning it (the witnesses Benjamin Parsons and John Burnet were not sworne: I fyned the said Beardsly Ten shillings To the County and secured it out of his wages.
Dec. 24th 1675. John Bliss: fyned 5s.
Joseph Pike Complaines against John Bliss for that the said John Bliss did Beate him. It appearing by the Testymony of Jeremy Hor. ton and John Burnet: as also that they were both disorderly in quar, relling and Contending I admonished them both for that: and fyned John Bliss .5s to the County for Breaking the Peace.
Feb. 8th 1675 [1676].
Thomas Day being complained off by the Constable for refusing to goe out Scout with his horse saying that If he must goe he would goe on foote and being sent for, and the Constable affirming it he not denying but owning it, and Justifiing himself in it saying he did enough to offer his person.
There being plaine Contempt and the Publike Service and safety neglected in such a perilous day as this is, I fine him .5s to be forth- with Paid to enable the carying on such service as this is and in case
284
PYNCHON COURT RECORD
of Neglect the Constable to Levy it forthwith in Corne or mony or that which will be equivalent theretoe with all charges:
This .5s was Imployed accordingly. [Marginal notation.]
[* 161] Hadley Feb. 16th 1675 [1675].
Severall persons of Hadley for their Riotous Assemblyng togithir yesterday in Hadly Disturbing the Peace, opposing Authority etc. some of them I Bound over to the County Court as by their Bonds. and Papers thither Transferred appeares and will be found in those Records: others I admonished: and some I fyned: as:
40s: [Marginal notation.]
Daniel Marsh: who being present at that unlawfull and Riotos Asembly yesterday with his Club or Stave and very active repairing to the Corporall who was to Execute a sentence on a delinquent by order from the Comittee of Militia: Indeavoring to rescue and de- liver the delinquent, this owned by him, and he not declaring against but falling in and siding with that Mutinous Company manifesting much distemper in his Gestures, this attested by the Constable and Mr. Peter Tilton one of the Comittee of Militia: I fine him the said Daniel Marsh .4os to the County to be Paid in forthwith to the County Treasurer:
40s: [Marginal notation.]
John Dickenson Junior being present at that unlawfull and Riot- ous Assembly with his Club Siding with the Riotous Company and very active Indeavoring to Rescue the delinquent laying hold on the Corporall that should have executed the sentence, this being affirmed by many and he owning of it and John Prestons oath that he laid hold on the Corporall I fine him 4os to the County which he Ingaged to pay in to the Constable:
5s. [Marginal notation.]
Nathaniell Warner for refusing to asist the Corporall in Execu- tion of a sentence against an offender, when required by the cheife Military officer, who was present saying to him (as he ownes) that he would not doe it: I fine him .5s. to the County.
5s. [Marginal notation.]
Samuell Marsh: when the Constable this morning required his Brother to goe along with him: saying, he would spend his Blood with such speed tending to disturbance and Plain spiting authority being also Justified by him I fine him .5s:
[The following March 28, 1676 entries regarding the riotous as- sembly at Hadley are found in I Hamp. Cty. Probate Ct. Rec. 168- 169. Variant entries appear in Pynchon Waste Book for Hampshire 134-136, 140.]
285
PYNCHON COURT RECORD
Edward Granis of Hadley being Bound over to the County Corte by the Worshipfull Major Pynchon for that he was Present at and Actor in an unlawfull and Rioteous Assembly att Hadley on the 15th February Last Past, Stirring up and anemateing Sedition, Breakeing the Peace, Contemning and affronteing Authority, being one amongst the Rest that did stopp and hinder the Execution of a Sentance which was Pronounced and ordered to be put into Execution by Authority) as likewise Saying it Should not bee, The Corte Considering the Heiniousness of his of- fence it being at such a time when many Soulders in the Town and soe an ill Example to others besides the evill Consequences that may fall out upon such beginnings and stirrings up of mutaney and sedition the Corte therefore have adjudged him to be well whipt on the naked Body with twelve Stripes well layd on which was accordingly Executed by the Constable.
Jonathan Gilburt being Bound over to the County Corte by the Wor- shipfull Major Pynchon for that he being one Yea a Cheife Actor in that Riotious Assembly at Hadley being then Present with them and haveing his Cudgell, Sideing with them in their Publique affronteing of Author- ity. This Corte yet Considering his humble Conffession and Acknowl- edgment, and manefestation of greate sence and Shame for his former actiones, Promiseing to Carry it Better for time to Come and Ernestly desireing that he may be put to the tryall upon that account, The Corte therefore doe ajudge him, to stand Bound in a Bond of ten Poundes (with two sufficient Suretyes in five Poundes appeice for his good Be- haviour till this time twelve month-and then to appeare at the Corte at Northampton to be Discharged of the abovesayd Bond of Ten Poundes if he Carry it well or otherwise to Forfeite the Bond which is ten poundes.
His suretyes were Isacck Harrison and Luke Hitchcocke.
Thomas Dickenson being Bound over to this Corte by the Worship- full Major Pynchon for that he being one of the Rioteous Assembly Yea a Leading man in itt, Highly afronteing authority that Considering his offence and for that it being an example of ill Consequence the Corte have therefore ajudged him to Pay a Fine of three Poundes to the County.
Nehemiah Dickenson, William Rooker, Thomas Crofft, Jonathan Marsh, being Bound over to this Corte by the Worshipfull Major Pyn- chon, for that they were Present at (with their Clubs) and Actors in that Rioteous Assembly at Hadly aforesayd Publiquely affronteing and resist- ing Authority, in the Stopping and hindering of the Execution of a Sen- tance Pronounct and ordered to be Executed. This Corte Considering the greatness of their offence and for that it is an ill Example and of ill Consequence such Stirings up of Sedition and mutuny This Corte have ajudged them to pay Five Poundes apeice as Fines to the County.
Joseph Selding being Bound over to this Court by the Worshipfull Ma- jor Pynchon on February 15th Last for that he was one of that Rioteous Assembly in Hadley being then Present where there was a Publique Af- fronteing of Authority in the Stopping and hindering of the Execution of a Sentance yet there appeareing some testemonyes that Seemed to take
286
PYNCHON COURT RECORD
of blame from him Joseph Selding the Corte haveing Considered the Case with the Circumstances of it have ajudged him the sayd Selding to stand Bound in a Bond of ten Poundes with two sufficient suretyes in five Poundes apeice (acknowledgeing themselves Bound to the County Treasurer for Hampshire) for his good behaviour towards all men unto the next Corte of this County and then to appeare and in Case of De- fualt to Forfeite the abovesayd Sum of ten Poundes.
Samuell Barnard on February Last being Bound over to this Corte at Northampton by the Worshipfull Major Pynchon, for that the sayd Sam- uell Barnard was one of that Rioteous Assembly in Hadley, being there present with his Clubb where authority was Publiquely Affronted, and that Notwithstanding his Fathers Comanding him not to be there and Likewise the Constable adviseing him to the Contrary And likewise for that he being before the Commissioners of Hadly Bound to his good be- havior for that he with some of the Garrison Soldiers then in Hadly had been Privately Plotting and Contriveing a Disorderly designe off going to Narugansett. This Corte Considering the Heiniousness of his offences (it being not onely his Disobeydience to his Fathers Comand but high Contempt of authority as Likewise of ill Example and might be of ill Consequence if due testemoney be not Born against such Disorderly Car- riages) have therefore ajudged him to be imeadiately well whipt on the naked Body with 12 Stripes, but by Reason the sayd Samuell Barnard gave in a humble acknowledgement to this Corte wherein he did Confess his greate Sin, Promiseing Reformation for time to Come, and likewise by the Mediation of his Father Francis Barnard Pleading his wives ill- ness and Weakness of Body at that time as well the Loss of others of her Children not Long before which with this Afflection might be to hard for her The Corte therefore againe takeing the Case into Consideration did upon the aforesayd Reasons agree to alter the sayd Samuell Barnards Sentence Abateing one third Part of the Stripes he was to have, so that hee is to be whipt as afforesayd with Eight Stripes, or to pay a Fine to the County of five Poundes forthwith which Punishment by way of fine was accepted by the Delinquent his Father Francis Barnard Ingageing for the Payment of the Money to the County Treasurer or his Order.
[*162] Aprill. 12th. 1676. 40S.
John Williams of Westfeild being Complained off for affronting the Comissary John Roote using villifiing speeches to him and for striking Samuell Roote: which being owned by him, I fine him 40S to the County. But the said John Williams acknowledging his fault and Rashness noe way Justifiing himselfe but expresing great sorrow for it and promising to be more carefull for future I respit the pay- ment of the fine till next County Court:
[The following March 26, 1678 entry regarding John Williams appears in Rec. Cty. Ct. Hamp. 5.]
287
PYNCHON COURT RECORD
John Williams his fine that was imposed upon Him for Resisting the Commissary of Westfeild was abated to twenty shillings, It being forty shillings at the first.
Aprill 13th 1676. John Cragg: 13s 4d.
John Cragg being accused for being Drunk at least in drink and for swearing by God: he owning his swearing: and Ensign Cooly and Isaack Cakebread affirming they toke him to be drunk: at least it is evident he was in drink and gave extream bad Language for which I fine him 3s 4d and . 1os for his swearing: all is .13s 4d.
[*163] September 30th 1676.
Philip Butler brought before me for being drunk last Tuesday Night Samuell Terry and Isack Morgan doe both of them Testifie that being on the watch, that Night, about Midnight this Philip But- ler came to them, and gave them Ill and high language: his Toung run excedingly and he spake we knew not what and coming in to the house would not goe out nor be ordered but said he had as much to doe there as wee though it were the house we were to watch in: we Judged him Drunk or at least well in drink.
Samuell Tery saith expressly that he was Drunk and Plainely Fudled which appeared to me by his words and cariage: his counte- nance and eyes also declaring it. heretoe he made oath.
Before me JOHN PYNCHON Asistant.
Isack Morgan says on oath that he was exceding much in drink: and I did Judge he was drunk.
Before me JOHN PYNCHON Asistant.
Hereuppon I adjudge the said Philip Butler to Pay for his drunk- enness .1os to the County: and 12d a peice to the 2 witneses.
[*164] March 10th 1676/77.
Joseph Browne complaining against Lidia Morgan for her abusive cariage and Language towards him using reprochfull and Scandalous speeches to him and of him, as calling him base Baudy Rogue and saying of him he was so mad he was ready to gore out her Gutts etc.
Lidia Morgan appeared and putting all upon profe: severall Tes- tymonys were taken which are on file: And at last said shee had not tyme to answer and desyred the Liberty of the Law, not having had that warning the Law allows: so the busyness was adjourned to next Friday at one of the clock: being 16th of this Instant March.
March 16: 1676 [1677].
Joseph Browne and Lidia Morgan appearing: They withdrew: etc:
288
PYNCHON COURT RECORD
Jan. 23. 1677 [1678]:
John Coale Constable of Hatfeild coming from Hatfeild with .3. or 4 men with him Complaines against James Carver of Hatfeild for that the said Carver abused him the Constable, both by Threatning words and abusive actions the Night before this: which was occa- sioned thus: The said Carver being in a rage against John Downing and saying he would Mischeife him etc. I Labouring to prevent him and bringing him from John Downings dore who had shut the Dore against him to my Howse whether we were forced to bring him, he fell into a rage against me calling me dog: Rouge etc and In his Rage and Pashon sounded away for which we tooke care of him and after he came to himself he raged also against me calling me foole Rogue etc: saying and offering to Beate out my Brains, etc. which I refer to the witnesses John Graves, John Courser, John Feild whose Testy- monys are on file:
[*165] He the said James Carver also struck at me with his fist severall tymes, besides the Bad words, that he gave me so that I was forced to ty him fast and to have help to hold him and carry him in and keepe him he being in a Rage and resolving to kill damming: vowing and swearing he would be revenged of him, which made me also to set some to watch with him that Night: and for that he run out against me and said he would be Revenged of mee: and swearing by his soule he would kill me or beate out my Brains and Cursing: God damne him: etc: according to the Testymonys:
Jan. 24 1677 [1678].
I adjudge the said James Carver for his horible abusive Cariage to the Constable (Threatning him: villyfiing reproching him and heap- ing odious Termes on him: I say for his abusive words and also abu- sive actions striking him with his fist besides his saying he would kill him and beate out his Braines etc.) To pay as a fine to the County forty shillings and for his Swearing to Pay Ten shillings and Like- wise Ten shillings for his Auging.
40S
1OS
1OS
3£ 00.00 [Marginal notation.]
And for the .3. witnesses their Journy from Hatfeild .2d a peice and charges at Springfeild .5s. a peice is togither for their watching with him and keeping him the Night before Fifteen shillings more: and Likewise to pay Ten shillings to the Constable for the abuse he hath offered him and Putting him to tend upon him etc:
289
PYNCHON COURT RECORD
March 20th 1677/78. Philip Mattone
Having by letter from the Selectmen of Hatfeild, been Informed of severall persons unseasonably Playing at Cards in their Towne, and other Misdemeanors: one of whom they say Lived in this Towne viz: Philip Mattoone, I sent for him the said Philip Mattoone and ex- amening him, thereabouts: He very readyly and Ingeniously owned That Sometime in February last being at Hatfeild he did at an un- seasonable tyme of the Night at William Kings Cellar being there till about .10. or 11 of the clock at Night Play at Cards; with William Armes; Gershom Hawks and Steven Belding and was Consealing with William Arms and Steven Belding who layd their Tailes on Kings Beame and Loome etc: Having freely [*166] confessed his fault and given in his evedence against the other .3. which is on file and to be Transferred to Northampton Court where the other per- sons may be proceded against: I came to this Issue and sentence of Philip Mattone viz
That he Pay
for playing at Cards 5s for being at so Nasty a busyness 5.
/ for being out at that unlawfull Play etc. )
at unseasonable tyme of the Night etc. 5. 15s fine to the County. as his Testymony speakes
and what damage is to William King he to answer besides: and so I discharged him at present:
[The following March 26, 1678 entry regarding Hawkes, Belding, and Armes appears in Rec. Cty. Ct. Hamp. 8.]
Gershom Hawkes, Stephen Belding, William Armes being bound over to this Corte for their being examined some of them at Hatfield, by the Selectmen there, and one of them by the Commissioners of Hadley, and - found guilty of breaking into William King's Cellar of Hatfeild, and there being very vitious many wayes, viz: in playing at Cards and other foule and Shamful abuses of the Cellar and implements of the said Kings in the Cellar by their excrements in a shamful manner: and damnifying the said King otherways, This Corte have adjudged the said Gershom Hawkes, Stephen Belding, and William Armes to pay for their playing at Cards, and being out unseasonably and Disorderly (in King's Cellar ) ten shillings apiece; and for their other offence, to be wel whipt with Seven lashes apiece on the naked body wel laid on; Thomas Armes his seven stripes to be added to the 18 stripes he is to receive for fornication. The abovesaid Persons are to discharge al charges that have been expended by Constables or otherwayes, as also to discharge what shalbe allowed to the said William King for the abuses he had, and wasting and spoiling his goods, to whom the Corte allowed forty shillings to be equally payd by
290
PYNCHON COURT RECORD
the four persons in delinquencie, Philip Mattoon being one of them: the abovesaid punishments were executed on the said Armes, Gershom Hawkes, and Stephen Belding according to order and on Joanna Armes at Hatfeild.
June. 10. 1678: John Norton
John Norton (a Soldier) being Complained off by Mary Crow- foote and Hanah Morgan for offering abuse to them especially to Mary Crowfoote taking up her Coates and offering baseness to her etc. He being sent for appeared: and The Testomonys that are against him which are on file viz Nicholas Rust: Hanah Morgan and Mary Crowfootes Doe evedence his Lacivious and uncleane Cariage offering and attempting to be naught with Mary Crowfoote etc. as in the Testymonys for which I adjudge and order him: (he professing his not knowing what he did And it appearing by the Testymonys and otherwise that he was Drunk) to pay a fine of Thirty shillings for his wicked and Lacivious cariage and attempts and Ten shillings for his Drunkenness:
30s and 10s all is 40s. [Marginal notation.]
[*167] June. 10th 1678.
Widdow Margarit Bliss plantiff against Florence Driskill defend- ant in an action of debt to the vallue of .35s shillings according to Atachment halfe in wheat and halfe Indian Corn: it being for Appls.
Florence Driskill ownes the Debt to be .35s remaining of a larger sum, since which he hath Paid Somthing which Widdow Bliss ownes to be only .1. bushel of Indian Corn: viz .2s 6d.
Which Taken out of the .35s the remaining due is 32s 6d. owned by said Driskill to be due to the said Widdow Bliss:
Whereupon I find for the plaintiff .325 6d due 225 6d of it in wheate and the rest in Indian Corn: with Costs of Court
3s 6d 1 6
Florence Driscoll plantiff against Isack Morgan in an action of Debt to the vallue of . 35s according to Atachment. Isack Morgan ap- pearing (after severall debates etc.) owned .31s 6d so I find for the Plantiff .31s 6d. (of which 11s gd of it is to be Paid in wheate:) And Costs of Court viz. 6s 6d allowed as per Bill.
Samuell Moody of Hadley Being Drunk which he Confessed I fyned . os to the County:
[*168] May. 6th 1679.
At a Court Called by Major Pynchon and held at Springfeild for Tryall of Small Causes: etc.
Leiutenant Walter Fyler Plantiff against Joseph Leanord in an ac- tion of Debt with damage to the vallue of forty shillings.
291
PYNCHON COURT RECORD
Leiutenant Fyler appearing to prosecute; and Joseph Leanord be- ing .3. tymes called after the Marshalls return that he had warned him to appeare was read: and he not appearing The said Fyler requiring his Costs I granted him 3s 4d for entry of the action and foure shillings for this journy to be paid him by the said Leanord:
Also James Taylor the Marshal having warned him as per his re- turn not appearing after the .3. times called the said Fyler requiring his Cost for his Journy .4s is allowed him.
Also Henry Rogers after .3. tymes called not appearing is cast to pay Leiutenant Fyler 4s.
Likewise Jonathan Taylor not appearing is to pay 4s to Leiuten- ant Fyler.
At a Court held July .2d. 1679.
John Hodge having Summoned Gabriell Cornish of Westfeild to appeare and answer for hindering him in the Improvement of Land there etc: John Hodge also appearing and Letting his sute fall: Ga- briell Cornish and 2 witnesses appearing viz: Edward Adams and Noah Cooke and requiring their charge: I adjudge the said Hodge to pay them 2s apeice is sixe shilling and so discharge them at present.
Victory Sike plantiff against Thomas Taylor both appearing but the return of the sumons being wanted and the plaintiff not taking care to procure it the defendant Thomas Taylor requiring his charge I grant him .2s to be paid by Victory Sikes:
[*169] July 5th 1679. At A Court By Major Pynchon:
John Sackcut Plantiff against James Sexton for Beating and wounding his son William Sackcut: As also for Pound breach or res- cuing of swine goeing to Pound.
John Sackcut appearing also his son William charges James Sex- ton with Beating him at the Pound dore when some of the hogs were in the Pound he gave him .3. blows with his fist and tooke him by the Throat and hindered the putting the rest of the hogs into the Pound.
It being not so cleare yet very suspicious by Samuell Loomis Oath I only Judge James Sexton to allow for the entry of action and sum- ons 3s 6d.
James Sexton fyned 20s I say: 20s. [Marginal notation.]
For the Rescuing of the swine It being evident by Testymony on file: I find for the plantiff himself and sons attendance 4S .3. witness
Coming for Atachment 2s Atachment and for serving it
.2. sumons for witness
6
3.6 14.00
0.6
all is 17s. 6d
292
PYNCHON COURT RECORD
And likewise for Rescuing the swine I fine James Sexton to the County 4os which I afterward abated to 20s And so he is to pay to the County: I say 20S.
I gave 6 Months tyme for the payment and John Minor Ingaged with him and for the payment of [illegible] in 6 Months.
[*170] July 16th 1679.
Victory Sykes Plantiff against Thomas Taylor Defendant accord- ing to Atachment for withholding pay for a heifer he tooke up and kept to the Damadge of fifteene shillings.
The Plantiff appeared and the defendant being .3. tymes called and not appearing, after .2. or .3. houres waiting was againe Called by the Marshall at the Dore and not appearing: The Case Proceedede And it being evedenced by Testymonys on file that Victory Sike the Plantiff tooke up a heifer the .20th of December last and kept it neere .6. weekes which The Defendant challenged and had away I find for the Plantiff Thirteene shillings Sixpence and Costs of Court accord- ing to Bill on file viz 13s.
July 18th 1679.
John Pope complaining aginst Philip Matoone for abusing him by word, and striking him on the head yesterday etc. The said Philip Mattoone being sent for and appearing: denys all, but the said Pope affirming it and saying he goes in feare of life for that Philip formerly abused him .2. severall tymes and now came secretly behind him and strooke him on the head and Jawbone which seems to be dislocated: the said Pope also tendering oath: It was taken as followeth John Pope Demanding the Peace of Philip Mattone: Makes oath and Sweares by the Living God That he stands in feare of his life by Philip Mattoon who by abusive words and attempts to strike him seekes his Mischeife also striking him on the head or Jaw last Night to his great prejudice and displacing of his Jawbone disabling him from speech and this don secretly [*171] and privately coming be- hind him and unawars giving him a blow with his Fist and afterward profferring his Hatchet towards him: so that he is in very feare and therefore craves the Peace for the Needfull security of his Body To this John Pope made oath this 18th of July 1679.
Before me JOHN PYNCHON Asistant.
Hereuppon I ordered the said Philip Mattoone To find .2. suffi- cient suretys to become Bound in the Sum of Ten Pounds for his personal appearance at the next County Court then and there to an- swer the premises and in the meane tyme that he the said Philip Mattoone keepe the Peace Towards our Soveraigne Lord the King and all his Subjects and particularly towards John Pope.
293
PYNCHON COURT RECORD
Philip Mattoone as Principall: in the sum of Ten Pounds and John Stewart and Isack Gleson as Suertys in five Pounds a peice ac- knowledge themselves firmly Bound to the County Treasurer that Philip Mattoon keepe the Peace towards all men and appear at Next County Cort in September next.
July 18. 1679
Before JOHN PYNCHON Asistant.
[The following September 30, 1679 entry regarding Philip Ma- toone appears in Rec. Cty. Ct. Hamp. 30.]
Philip Mattoon of Springfeild being bound over to this Corte for breach of the Kings peace, and confessing his fault, and promising to Carry himselfe better and more suitably in time to come, was discharged of his bond.
July 31 1679.
Joseph Ashly summoned by warrant to answer Isack Morgan for taking away his horse out of Pasture yesterday and Riding him to his great damadge and want of him for his owne use Joseph Ashly owne- ing it I ordered him to pay said Isack Morgan Ten shillings accord- ing to Law.
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