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 32
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Sept. 24 1679.
John Pope Plantiff against James Warrinar for not Paying him as he says .7s ordered him by the Comittee for the Meeting house: There appearing some mistake in it as to the Sum James Warrinar being to be allowed for one Seate and so it should have bin for .gs down or beinge 3s 6d I find for the plantiff 3s 6d and Costs of Court 4 10d
This Atachment and serving it: 1. 6}
Entry of action 3 .4 all is 8. 4d
[*172] Sept. 3d 1680. Joseph Trumble 10s.
Joseph Trumble acknowledging his offence in being overtaken with Drink about .5. weekes since, and being very sorry and affected with it Confessing it himselfe and proffering to sattisfie the Law by paying Ten shillings for the same, I have accepted thereoff he paying it by the ordinary keeper Goodman Ely: and so discharge him.
Sept. 16. 1680. John Pope 10S.
John Pope being Complained off for Drunkenness which evi- dently appeared by the Testymony of John Hitchcock and Thomas Stebbings which are on file I fined him Ten shillings to the County according to Law and 12d a peice to the .2. witnesses:
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PYNCHON COURT RECORD
Sept. 20th 1680.
Isack Gleson Complaining against Isack Morgan for that Isack Morgan Beate his servant Josias Miller at Chikuppy last Friday, and tooke away his Gun and knife.
Josias Miller says that Isack Morgan abused him by beating him and taking away his knife: the which also is testified by Samuell Cha- pin whose Testymony is on file: the Gun also and knife being eve- dent that it was taken from him and kept from him till I sent for him the said Isack Morgan who putts the beating of him on profe and saith that he tooke his gun and knife from him that he might doe him noe hurt he accounting him as a distracted fellow (whereas noe such thing appears) But what he did was because Josias Miller tooke away and was eating his water Million. I adjudge the said Isack Mor- gan for taking a Gun: and beating him to pay but five shillings be- cause of his taking his water Million to the said Josiah Miller and also a fine of five shillings to the County for quarrelling and disturb- ing of Peace:
[*173] Sept. 23th 1680.
John Pope plantiff against Thomas Stebbings Junior for non pay- ment of Monys due to the sum of Ten shillings .6d with all due dam- ages:
The Debt was owned to be Nine shillings .6d the which though John Pope demands it in wheate, yet Thomas Stebbins denying it to be such pay and noe profe being made by Pope that the Pay is to be wheate, but there being other evedences (as on file) to the Contrary: and profe being made by Thomas Stebbins producing Isack Gleson and Joseph Ely: whose Testymony are on file, that Thomas Stebbins caryed and tendered him .2. bushel of Indian Corn: and one bushel and { of Ry which amounts to gs 6d I Judge Pope should have taken said pay and is now to take up therewith, and pay Costs of Court Thomas Stebbing bearing his owne tyme:
Costs allowed is for .3. witnesses: . 3s.
John Pope plantiff against Nicholas Rust for not paying five shil- lings etc: Pope declaring the debt to be for worke making tuggs etc. of cedar to serve instead of Cork for a net: which Popes Servant says he wrought halfe a day about it: besides his Master turning the wood etc: which Pope affirmes to be about .3. quarters of a day: I find for the Plantiff five shillings and Costs of Court only the small Bass fish which Pope had is to be acounted toward the five shillings.
John Pope plantiff against Leiutenant Thomas Stebbins for Tak- ing him off from a peice of Joinery worke and promising him sattis- faction which he now refuses: to the Damadge of said Pope . 39s.
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PYNCHON COURT RECORD
Leiutenant Stebbins not owning it and noe profe being made ei- ther of Damage nor yet of any promise made by Leiutenant Stebbins to make him sattisfaction: I find for the defendant costs.
[*174] Nov. 26. 1680.
Isack Gleson plantiff against John Pope for detaining from him a plaine he Bargained for to the damadge of five shillings according to Atachment. John Pope Being Called .3. tymes and not appearing, the Atachment produced and read togither with the evedences in the case which are on file: I find for the Plantiff the Plaine sued for which he had formerly agreed for or in want thereoff Two shillings sixe pence and Cost of Court as per Bill allowed: . 75 4d.
Dec. 6. 1680.
Joseph Parsons plantiff against Nathanell Foote for non payment of a Debt of 19s 6d in wheate with due damadges according to Atach- ment. Nathanell Foote being .3. tymes called and not appearing the Atachment produced and read togither with the evedences in the Case which are on file it appeared that Nathanell Foote owes Joseph Parsons 19s 6d in wheate and 5s 6d damadge for forbearing is 25s the whole Costs of Court as per Bill allowed is 5s 10d.
I appoint a Court on Wednesday fortnight being the 22th of this Instant December: [Marginal notation.]
Dec. 22th 1680.
Joseph Parsons appearing at this Court and Craving Judgement and Grant of Execution against Nathanell Foote: (He being out of the Jurisdiction) Joseph Parsons acknowledges himselfe Bound to Nathanell Foote in the Sum of fifty shillings in Case the said Foote shall appeare in .12. Months to reverse the Judgement which hereby is Granted viz That I find for the Plantiff Joseph Parsons as at former Courte appeared 25s which Nathanell Foote is to pay him in wheate as also 5s 1od Costs of Corte and hereuppon I Grant execution to the said Parsons: for said Sum:
[*175] December. 24th. 1680.
Joseph Ashly and Thomas Hancock appearing Before me in ref- ference to said Hancocks being under Atachments from said Ashly at Boston and thereby comitted to Prison there, and afterward the said Hancock Ingageing himselfe an apprentice to Joseph Ashly for one yeare he discharged him from Prison and tooke him up to Spring- feild There being a condition only entred on one of the Indentures viz Hancocks: And Joseph Ashly before me owning the said writing to be the Condition of the Indenture And in order to fullfilling the same Thomas Hancock surrendring himselfe up to Authority:
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Upon which finding that Thomas Hancock stood Comitted to Prison at Boston as by returne of the Atachment which Joseph Ashly produced appears for not finding Security to the Sum of five Pounds for his the said Hancocks apearing at the next County Cort at North- ampton to answer the Complaint of Joseph Ashly as attourney to John Highlery according to said Atachment dated .13: Dec. 1680: I doe therefore in order to fullfilling the Condition of the Indenture order and Commit Thomas Hancock to Prison in Springfeild till he shall give Bond accordingly: And also .2. Cases being to be herd be- fore myselfe on the .d. of January next one of them to answer the Complaint of Joseph Ashly as assignee of Walter Fyler for a debt of 14s id and the other the Complaint of Samuell Ely for a debt of .18s 6d which Cases are mentioned in the Condition of the Inden- ture that they are to be herd before me The Security required in the Atachments being the one 28s and the other 37s Joseph Parsons Jun- ior apearing before me and Becoming Bound in the said Sums and doth hereby acknowledge himselfe Bound accordingly in the said Sums for Thomas Hancocks appearing before me on the 3d of Jan- uary next and answering according to the Atachment.
I doe accept of the said Parsons Bond for Security: And so de- clare the Conditions of the Indenture and obligation of Thomas Han- cock to Joseph Ashly to be fullfilled and thereupon order Joseph Ashly to deliver up to Thomas Hancock the Counterpart of the In- denture that is in his hand which I declare to be void and of none Efect Thomas Hancock having fullfilled the Condition thereoff.
Moreover: Joseph Ashly presenting a Bil of charges which he re- quired of Hancock (being now released his service) for the expenses of his dyet and his Horse at Boston amounting to ios I allowed the said Bill to be Paid by Hancock to Ashly .6s of it in Mony and 4s in other pay: upon which Joseph Ashly delivered up Hancock his In- denture: Thomas Hancock also presenting a Receite under Joseph Ashly hand that he had Received of him. . 21s Mony I ordered Jo- seph Ashly to repay him said Mony part of which he said he Paid for Hancocks charge.
There was also a Bond of Hancocks to Joseph Ashly for .20s Mony on a Condition which Bond and Condition were distinctly and sev- erally sealed I mentioned it to Joseph Ashly that it was not faire or honest to make [*176] make them seperable so as that the Bond which Posibly might prove nothing might be Cut of from the Con- dition of it: But having given this Caution I left this matter medling noe further with it because as I told Joseph Ashly he had Atached Hancock to answer it at next Court at Northampton, and had taken Bond of Hancock viz his owne Bond of 4os as the Constable Joseph
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Bridgham of Boston had certified on the Backside of the Atachment that Joseph Ashly had accepted Thomas Hancocks owne Bond.
Dec. 28. 1680.
Thomas Hancock coming before me: and acknowledging a Judg- ment against himselfe for .14s id due to Leiutenant Walter Fyler: I accordingly enter the same: And this being one of the Cases to be herd before me on the .3d of January next Issues his attendance then: It being that Mony which Joseph Ashly says is assigned to him.
Samuell Ely: also told me that he and Thomas Hancock had Is- sued: Thomas Hancock having Paid his debt to him: and afterwards the said Ely appeared, and before Hancock declared the same that he was sattisfied the debt and so Thomas Hancock becomes discharged of attendance as well as of that debt to Samuell Ely.
[The following March 29, 1681 entries relating to the controversy between Ashley and Hancock appear in Rec. Cty. Ct. Hamp. 48.]
Joseph Ashley Attourney to John Higley of Windsor Plaintiff per Contra Thomas Hancocke defendant, for not paying the Sum of two pounds Seventeene shilling ten pence money due as per booke shal ap- pear with al due Damages and all according to attachment,
In the action wherein Joseph Ashley was attourney to John Higley of Windsor plaintiffe, and Thomas Hancocke defendant the attachment and Evidences in the Case being produced and read In Corte and trans- ferred to the Jury they brougte In the verdict that they find for the Plaintiffe, two pounds Seventeen Shillings and ten pence and costs of Corte, by bill allowed of, two poundes fourteen shillings, six pence.
Joseph Ashley Attourney to John Higley Walter Filer Samuell Ely plaintiffe per Contra Thomas Hancocke Defendant in an action of Debt of Twenty pounds money due by bond under the hand and Seale of the said Hancocke as shal appeare with al due damages, and al acording to attachment.
In the Action depending in Corte between Joseph Ashley Attourney to John Higley Walter Fyler and Samuel Ely plaintiffe: and Thomas Hancocke defendant, the attachment and evidences in the Case being produced and read in Corte and transferred to the Jury, they brought In the verdict that they find for the Defendant Costs of Corte: one pound twelve shillings and Six pence.
Joseph Ashley of Springfeild acknowledged himselfe bound in the bond of ten pounds to Thomas Hancocke to Stand responsible out of his estate, to answer any further processe either by review or appeale or otherwise.
[*177] Springfeild Jan. 25th 1680 [1681]:
James Barlow of Suffeild Complaines against Samuell Roe and Peter Roe of said Towne for striking him and abusing him the said
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PYNCHON COURT RECORD
Barlow last Friday: Samuell Roe and Peter Roe appearing disowne much of James his accusation and refer to profe: Edward Burlison and John Taylor being present and by their Testymony which is on file it appears that there was quarrelling and that Samuell Roe struck James Barlow as well as Peter Roe and that Peter Roe Cursed.
Whereuppon I fine Peter Roe Ten shillings to the County: and Samuell Roe and Peter Roe each of them to pay 5s a peice to James Barlow and to Pay all charges in the Case viz for .2: witnesses 4s and 3s his attendance and former Journy with 1s 2d for Summons and serving it-all is 8. 2d.
[*178] April 15th 1681. Widdow Margarite Bliss and Samuell Bliss Senior Guardians to Samuell Bliss.
Samuell Bliss the son of Laurence Bliss being brought before me by his father in Law John Norton for Disorderly goeing from him It appearing that he was not Setled with him, and that at his Coming to him from Goodman Dorchester He was to be at liberty to goe away when it should be judged meete, and John Norton not Insisting upon his Continuance with him Longer: The lad is left to the Care and Disposure of his Guardians: and He being about 18 yeares of age: hath made choise off and doth here Publikely declare his choise of: his Grandmother Widdow Margarite Bliss and his un- cle Samuell Bliss to be his Guardians who appearing also and ac- cepting thereoff are accordingly allowed and Declared the Guardians of Samuell Bliss the Son of Laurence Bliss, who are to take care to dispose off and settle the Lad in some good honest service or trade:
Some debate being about new cloathes bought him by Goodman Norton It is determined and agreed to that the lad shall have all his cloathes Only that his Hat bought of Bracy Goodman Norton shall be Paid for and have 20s more allowed to him; out of that 4os which Goodman Norton is to allow him for the mare.
July .1. 1681.
A Negroe who says his Name is Jack, being sent for and examened saith That he came from Wethersfeild and is Run away from Mr. Samuell Wolcot because he always beates him sometimes with 100 blows so that he hath told his Master that he would sometime or other hang himselfe he says he ran away from him one weeke and halfe since:
He says he stole a Gun at the next Towne viz Southfeild and hath left it in the woods he laid it downe in a Path because it had noe flint in it:
Anthony Dorchester saith That to day about noone this Negroe came to his howse and after asking for a Pipe of Tobacco which I told
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PYNCHON COURT RECORD
him there was some on the Table he tooke my knife and Cut some and then put it in his Pocket, and after that tooke downe a Cutlass and offered to draw it but it Coming out stiff I closed in upon him and so [*179] Bound him with the help of my wife and daughter When he scrabling in his Pocket I suspected he might have a knife and searching found my knife naked in his Pocket which he would fain have got out but I prevented him and tooke it away:
I committed the said Negroe to Prison there to remaine and be safely secured till discharged by Authority.
[The following September 27, 1681 entry concerning the negro Jack appears in Rec. Cty. Ct. Hamp. 52.]
Benjamin Knowlton, the Prison Keeper presenting his charges or an account of his charges about the Negro Jacke; viz: for two weeks diet, 5s and more 5s for two dayes and halfe time in looking after him, and five shillings more for Prison Keepers Fees, This Corte allows him his bil, viz: fifteen shillings.
Also the Corte allowes the Constables their bils respecting those that watched with the Negro Jacke, as that they have twelve [d.] per man per night.
July .8. 1681.
A young fellow of 18 or 19 yeares of age examened saith: My Name is George Fitting I came from Barbados above a quarter of a yeare since in one Mr. Brownes ship of 200 Tun and Landed me at Graves End about 3 months since from whence I went to Oister Bay and workt there 2 Months and thence went to NewHaven and so came to this Towne and went directly to Hadly with Symon Beamon where I have workt and with Samuell Boltwood for a Month, and came thence hither with Intent to goe to the Bay to Boston to my Father there but was afraid to goe alone.
My Master at Barbados was Mr. Felton Lived at Spikes whom I had Lived with 2 Years a quarter and was to have Lived with him a yeare and 3 quarters more But came away because I was badly used and had not victuals enough.
This man appeared afterward to be one of Collonell Morrice his Servants and that all above was a ly: his Name being James Cornwall as he owned upon an after taking and examenation and was delivered to Thomas Leechfeild by Collonel Morrices order according to Hud [Page torn].
[*180] Aug. 17th 1681.
David Morgan Plantiff against Nathanell Bissall as executor to the estate of Florence Driscoll and so is plantiff as referring to Flor-
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PYNCHON COURT RECORD
ence Driscolls estate for Moneys due from said Florenc to David Mor- gan viz the sum of 27s. According to Atachment.
Nathanell Bissall Pleading what was Atached viz an iron Pot etc. was Inventored and producing the Inventory of it Though the debt appeares due to David Morgan could he find any other estate than what was Inventoryed yet In as much as this is of that estate I find for the Defendant Costs viz for his Journy up and attendance 4s. and being warned and attending before one Journy 4s.
Entry of the action: 3s 4d [Marginal notation.]
Nathanell Bissell plantiff against David Morgan for his the said David, not paying Monys due to the vallue of fifteene shillings in wheat according to Atachment.
Nathanell Bissell withdrew his action and so is to pay Costs [and .3s 4d entry]. [Marginal notation.]
Johnathan Winchel Presenting his suspition of Robert Old tak- ing away a bushel of wheate meale, of his from Westfeild: I sent for said Old who appearing and what Jonathan Winchell presented in writing being read the said Robert Old denyed any knowledge of the Meale and said that Jonathan Winchell might put said Bag in Muddy Brook himselfe charged Winchell with being like to doe it and with slandering him and slandering better men than he calling him Theef and Saying it was Winchells Trade said he was well known in their Town what man he was and that he made it his Trade to abuse men.
[*181] March .15th 1681/82.
Leiutenant Anthony Austin Complaines against John Hodge, Jonathan Winchell and David Winchell for defaming him, and for other disorders as carying it disturbingly at a Towne Meeting on the .16th of December last etc.
By the Testimonys on file they apeare grosely faulty which also they acknowledged and fell under Ingaging also an open and Publike acknowledgement of it at Suffeild which I ordered them, and it was drawn up and accepted, and so Issued:
Aprill 30th 1683.
Nathanel Horton came before me presenting a Paper of his choise of Samuell Marshfeild and Charls Ferry for his Guardians and de- syring my allowances and recording of the same which I accordingly doe.
JOHN PYNCHON, Asistant.
[*182] March 21 1683/84.
Michall Towsley against Hugh Roe for detaining a Sandy Swine etc. Each appearing and presenting their Evedences which are on file,
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PYNCHON COURT RECORD
Duely weighing all both former and latter Evedencs I find the Swine for Michaell Towsley as also Costs of Court as per Bill-32s .6d allowed.
The Papers are Bundled up together where is the whole Case.
[The remainder of the page is blank.]
[*183] April. 9. 1684.
Thomas Dewey and Nathanell Bancroft Plantiff as per Atach- ment against James Sexton Defendant for that the said Sexton with Joseph his Brother, wrongfully tooke away from the said Thomas Dewey and Bancroft, a parsell of Hay which they had Laboured in and made sometime in August or September last to their great dam- adge as shall be made appeare:
The Plantiff James Sexton being .3. tymes Called and not ap- pearing: The Atachment and evedences in the Case produced, and considered: I se cause to adjourne the Case to this day fortnight at 8 of the clock in the morning being 23th of this Instant Aprill.
April 23th 1684:
Thomas Dewey and Nathanell Bancroft appearing as Plantiff: James Sexton the defendant also appearing: after Pleas made and evedences in the Case being read (which are on file: I find for the Plantiffs In case the land on which the Hay was made be Nathanell Williams, and shall so appeare Then Twenty shillings I find for the Plantiffs and Costs of Court: In case the Land be George Sextons and Ambrose Fowler, then I find for the Defendant, Costs of Court:
Thomas Dewey one of the defendants declared that he and James Sexton had agreed, which also the defendant James Sexton acknowl- edged: but that the agreement was only for his the said Deweys part in the Hay which was 10 Cocks: Moreover the said James Sexton de- clared he had but 22. Cocks and left .3. Cocks on the Place which he medled not with (as is owned) so that there is but .12 Cocks Of Nathanell Bancrofts to be under Consideration: and so I find for the said Bancroft Plantiff as aforesaid Eleven shillings in case the Land on which the Hay was made appears to be Nathanell Williams and Costs of Court viz 17s gd as per Bill otherwise I find for the de- fendant, Costs.
[*184] Oct. . 13. 1684:
Charls Ferry Plantiff against John Dorchester according to Sum- mons for that said Dorchester tooke away a load of Charls Ferrys Hay, which is to his damadge as shall be made appeare.
Charls Ferry says he Mowed and Made the Hay: and Set it by Ag-
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PYNCHON COURT RECORD
awam River side, on his owne land as per the Testymonyes of John and Charls Ferry:
John Dorchester says I know noe Hay of Charls Ferrys that I fetched away: and can owne noe such thing I carryed away Hay of my owne and none but what I tooke for my owne I owne fetching Hay of my owne and none but what was my owne:
Charls Ferrys profe falling short I find for the Defendant Costs of Court viz entry 8s. sumons 3s:
John Dorchester after Charls was gon demanded .2s Costs.
October 20th 1684.
Charls Ferry Plantiff against John Dorchester Defendant on Re- veiw of the Case about a load of Hay which John Dorchester tooke from Agawam River side in Septembr last which Charles Ferry Chal- lenges and is to his said Ferrys damadge as he shall make appeare.
Charls Ferry says That the Hay was mine I Mowed it and made it upon my owne Land as per the Testymonyes on file.
John Dorchester says That the Land was accepted Charls Ferrys as buying it of Widdow Harmon But Charls Ferry Sold it to my Father .16. yeares agoe and we have had it in Posession ever since without Molestation till now and therfore Land and Hay is mine: Putting it to Goodman Ferry why he Let them Injoy it [*185] it .16. yeares he the said Charls said He did not know who Improved the Land or who had it and produced a Deed that he Bought the Land of Widdow Harmon: To which John Dorchester replyed that that might wellbe and afterward he might sell it to his father, and did so: and hath owned it That he Let my father have it:
The Hay Goodman Ferrys .2. sons that made it say it was as they guessed a good Load and John says it was .24. Cocks John Dorchester ownes it to be about 14 or .15. Cocks and was Course Hay:
Upon the Pleas and evedences in the Case: I find for the Plantiff Charls Ferry In Case the Land be his on which the Hay was made and doe so appeare then I find for the plaintiff .15. Cocks of Hay or .15s and Costs of Court in Case the Land be John Dorchesters then I find for the Defendant Costs of Court.
3s 6d entry. [Marginal notation.]
After Judgment declared as above: each party agreed about the Title of the Land as follows: The Land being about an acre: Though John Dorchester says his father Bought it of Charls Ferry yet not pro- ducing any Deed and Charls Ferry saying he knows not that ever he sold it: John Dorchester relinquishes all his future right to the Land and allows Charls Ferry for Mowing and Making the Hay Ten shil-
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lings and Charls Ferry is to beare and allow all Costs of Court and to this agreement Each party are Consenting and desyred this Record to be made accordingly as a finall Issue of all matters Concerning the Hay and Land: and agreed it should so stand on Record under my hand:
JOHN PYNCHON Asistant.
[*186] Oct. 20: 1684.
Thomas Copley appearing and Complaining against Michall Towsley for stealing .2 barrow Pigs of about .2. Months old: and said Towsly appearing according to Summons.
Thomas Coply saith he sold 2 sow Piggs to Michall Towsly which he was to have at .6. weekes old when he came to Receive them I marked them with a halfpenny Cut in the off Eare, and he tooke them away with him afterward the Pigs came againe and Towsly came when I was not at home and carrys away other .2 Pigs I went and at his house found .2 of my Barrow Piggs which he had cut of both the eares of each Pig: which I challenged, and his wife owned they were not the Pigs he bought and yet he would marke them shee said.
Towsley examened saith That he did not know his owne Pigs and asked Goodman Coply children and they told me they were mine and I trusted to them Why did you take away .2 that had Goodman Cop- leys mark and when you came hom cut of both their eares.
Answer: I was in hast and did not consider it:
The Constable says that when he went to Towsleys he told him he cut off both the eares to cut out Thomas Copleys marke his words were, that he cut them so because he would not keepe another mans marke on his Piggs.
Towsly ownes that he fetcht .2 Piggs and cut off the eares plan- ning to Cut out the slit in the nere end and his wife fetched .2. Pigs when he was from hom because Goodman Copley had fetched away the Two I fetched last.
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