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 33
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I sentence [* 187] Michal Towsley for Taking .2. small Piggs from Goodman Copleys that were not his owne, and defacing Thomas Coplys marke upon them (notwithstanding his pretence that he tooke them for his owne wherein also he must needs be notoriously negligent If not wilfull in it) To pay to Thomas Copley (besides the Piggs againe) Sixteene shillings Thomas Copley defraying the charges which amount to .14S.
Nov. 4th 1684:
Thomas Vigors plantiff against Samuell Ely for wronging him in his accounts with him and advancing his debt when he reckned to a
304
PYNCHON COURT RECORD
greater Sum then it was when he made a former account with him in his Booke to his the said Vigors damadge at least 40S.
Both partys appearing: Vigors says he owed Samuell Ely 37s in Monny which when he reckned he advanced to .2. 17s in Countrey pay: of which I Paid him .16s and then owed him 2f 1s. But then coming to Reckne with him: he made this 2f 1s 2£ 10s and so wrongs me gs here, and in the first 2£ 17s above I account he wronged me .7s more then he ought to take allowance for not paying Monny: So that I am wronged 16s.
Samuell Ely says he hath not wronged him any thing at all that he knows of but made up a faire account with him as his Booke (which he produced) doth evedence: wherein Thomas Vigors is Debtor- 1.14.5 Mony (from May to July 1684)
which Vigor owns, and
there he is advanced
for not paying Mony
0.17.3.
2.11.8
more in Page .82.
Vigor is Debtor
0. 3.0.
2.14.8
And Vigors hath
credit 0.3.9.
the rest is 2.11.0
But in Goodman Elys Booke, it is entered: That July 22 1684 They Reckned and Thomas Vigors owes by Joint Consent in Coun- try pay 2. 10. 00 whereto his hand is subscribed.
Vigors ownes his hand But says he tooke it for 2£ 1s 00. [Marginal notation.]
To which Vigors says there is [*188] there is wrong to him, in not giving him credit for 16s of old, which it ought to be when as Sam- uell Elys account of credit is only 3s 9d.
Samuell Ely hereupon fetched and produced his old Booke where former accounts were Ballanced: April 2d and June .11. 1683. [which Thomas Vigors hand is too also and owned by him (Marginal nota- tion.) ] where and when the Ballance due to Thomas Vigors is 3s gd which Goodman Ely hath given him Credit for as before so that there can be noe error I find for the defendant Costs of Court 18d his at- tendance and . gs 6d Vigors is to pay for entry and sum[mons.]
Dec: 9th 1684.
Isack Meachem Plaintiff according to Summons against Obadiah Abbee for his the said Abbees Defaming him the said Meachem sev- eral ways or by several Speeches to his Damage as he shal make ap- peare.
305
PYNCHON COURT RECORD
Meachem the Plaintiff appearing: The Defendant also Obadiah Abbee who made exception against the Summons and Pleading to Nonsuit because it did not express as he said what he was to answer too I told him it did express it in saying it was for defamation and was according to the president for Summons which directs only to mention for a slander or defamation in his Name, and this summons was more full than the president because it mentions defaming Meachems Name in severall things or speeches and answers fully to the Law that says Only thus: the Case breifly specified, which is done in this Summons mentioning a defamation of his Name several ways or by several speeches to his damage, so that I se noe use for a Non- suit nor is it to be Granted being the summons returned as served that tyme enough to both partys being come and apearing. Although the Constable Daniel Collins had said nothing about his serving it which he being present did speake to, and said he served it the .3d. of December: and so gave him full tyme and a day over according to Law and moreover the Constable said that he told Obadia at serving it, that Goodman Meachem Bid him tell Obadia: that severall speeches he had used to defame him, but .2. of them particularly he intended by the sumons should answer too ist that he said Goodman Meachem was a cheater and had cheated him and 2ly that he said Goodman Meachem had altered the Highway and [*189] and made the East Lots fall back to bring the Pease out of the dirt all which said the Constable I told him Goodman Meacham did say and he spake so to Obadia Abbee, at the tyme of summoning him which also Obadiah owned, only said this was not expressed in the warrant or Summons: Hereupon I replyd If the Constable had said nothing yet I saw noe Legal exception against the termes of the warrant nor Ground for any Nonsuit nor would I allow it now, or Countenance such cavilling, seing he knew what he must answer to: and it being breifely specified in the warrant and plainly that it was for speeches to Goodman Meachams defamation And also the Constable over and above specially and particularly mentioning to him what the speeches were I therefore declared the case should proceed:
Whereuppon the Plaintiff made declaration That the defendant had reproched and defamed him in saying he laid the Highway to bring the Peases out of the dirt, and made the east lots fall back: and was so earnest in contriving it, that he sweate and fomed with it: which is much to my defamation, and a reprochfull speech: Being al- together false, nor did I ever so act or doe any thing in laying out Lots or the Highway but by the express order of the comittee:
That Obadiah Abbee did so reprochfully and defamingly speake as aforesaid I refer to the Testymony of John Pease Senior John Pease Junior and Daniel Coolins which Testymonys are on file The De-
306
PYNCHON COURT RECORD
fendant called to answer: refused to speake any thing saying he would not answer until he had another summons.
2ly: the Plantiff says, the defendant Obadiah Abbee charges me with cheating him of 4s 6d in Monny, and being a cheater: all which I Plainly and expresly deny nor had he any cause so to report But that he did so report is proved by John Warner and Simon Booths Testymonys which are on file.
The defendant called said he would not speake to it and went away. Being again Called and desired to make his [*190] his answer and defence he refused, and said he had made a Nonsuit of it: I told him I never heard the defendant could make a Nonsuit at his pleas- ure: the Plantiff might nonsuit himself or withdrawe But if it came to Court seing he came upon summons the Court must Grant the Nonsuite and not the defendant at his will for then noe Case could proceed: and I had not allowed what he pleaded to be cause of Non- suit, and therefor had herd the plantiff and would as readyly hear him the defendant desiring him to speake what he could for himself But he still refused whereupon I said I could not refuse but must speak and find for one or other of them and I am sure clear Testy- monys will carry it when nothing is said against them: and There- fore in the first particular referring to laying out the Highway and making the east lots fall back It being proved by the Testymony of John Pease senior John Pease Junior and Daniel Collins that Oba- diah the defendant so said in way of reproching Goodman Meacham which Goodman Meacham denying he did any such thing, I find for the Plantiff in this first particular 12d damage.
In the .2d. particular the Defendant charging Meachem to be a cheater and cheating him of 4s 6d in mony and his so charging being proved by the Testymonys of John Warner and Symon Booth I find for the plantiff .9. monny or as Money: The whole is 10s Monny which I find for the plantiff: and Costs of Court as per bill-eight- eene shillings.
Judgment being entred for the Plantiff-
los and 18s Costs
1. 8. 00
And accordingly declared.
The Defendant Obadiah Abbee Appeales to the County Cort at North Hampton in March next. Obadiah Abbee appealing from this Judgment to the next County Court being told he must put in se- curity (according to Law) to prosecute his appeale to effect and also to sattisfie all Damages to the present Plantiff Brought his Brother Thomas Abbee to be Bound with him accordingly.
As followeth: Obadiah [*191] Obadiah Abbee in the Sum of five
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PYNCHON COURT RECORD
Pounds and Thomas Abbee his Brother in like Sum of five Pounds, doe Ingage and Bind themselves to the County Treasurer for Hamp- shire and to Isack Meachem of Enfeild: To prosecute this appeale at next County Court at North Hampton on the Last Tuesday of March next; To effect, And also to Sattisfie all Damages and Inconveniences in not having execution out according to Judgment Granted by Ma- jor Pynchon And in Case of any default in the premises, each of them to forfeite the aforesaid Sums.
This done and acknowledged by Thomas Abbee and Obadiah Abbee this .9th. of December 1684.
Before me JOHN PYNCHON Asistant.
Obadiah Abbee Complaining against Goodman Booth which yet he said he did (not prosecute, but) only bring the Testymonys to me: and desyred me to sweare the men: which Obadiah did Improve to make Goodman Booth Culpable of a ly: In speeches Concerning a Training day: that he the said Booth should say he had gon to the Major about it and that by Goodman Pease his sending him: and yet said he had not gon in such a way.
I perusing the Testymonys (which are on file) and finding noe ly according to the Law but his owning of all, and explaining himselfe and his meaning: I declaring that I did not find them to reach to a ly in the sence or words of the Law. Obadiah Then affirmed with vio- lente expressions: That Goodman Booth was lyable to the Law and was a ly and seing he would not take my sence or set downe by me I desyred him to take the chaire and be Judge, and when he was to be Judge I said I would Submit to his Judgment But now it became him to rest in mine: but he would not have done and grew more vio- lent in affirming it: and so feirce and Insolent exceeding all Bounds so that I was not able to quiet him till I writ his Mittimus and sent him to Jaile for his Contemptuous Insolent Cariage and Boisterous Speeches where he stood Comitted some houres .2. or .3. and on his Brothers motion was discharged [illegible].
Dec: 9. 1684.
[The following March 31, 1685 entry relating to the appeal of Obadiah Abbey to the County Court appears in Rec. Cty. Ct. Hamp. 89.]
Obadiah Abbey Plaintiffe by way of Appeale from a Judgment past against said Abbey by the Worshipfull Major John Pynchon, in a case commenced against said Abbey by Isaac Meacham, which with Judgment being not Satisfyd, the defendant, viz. Abbey gave in Bond together with
308
PYNCHON COURT RECORD
Thomas Abbey as a Suretie to the Sum of five pounds to prosecute said appeale at this Corte.
In the Case depending in Corte, wherein Obadiah Abbey entred an Appeale from a judgment past by the Worshipfull Major John Pynchon, the Case and evidences being considered by this Corte, they Se no reason for an Appeale, and therefore have confirmed the Judgment past by the Worshipful Major Pynchon, viz. to pay to Isaac Meacham Ten Shillings in Money or as Money, and eighteen Shillings for charges, as alsoe Costs of Corte in this Action, viz. Ten Shillings entry money, and other charges as per bil allowed six Shillings.
[*192] June .30th 1685.
Samuell Osborne Plantiff against Isack Morgan Defendant in an action of the Case for neglecting or delaying to pay Money according to Bill:
The Bil presented and also owned by Isack Morgan I find for the Plantiff Samuell Osborne according to Bill .36s Due and to be Paid forthwith one .3d in wheat and the rest in Indian Corne according to Bill on file, as also Costs of Court,
Viz entry of the action- .35 6d ) Atachment and serving .1. 9 0. 75 3d
attendance 2. O
1.16 and 0.07.3. 2. 3.3.
July. 3d. 1685.
Joseph Segar Complaines against Michal Towsley and his wife for that his wife unlawfully tooke away out of His House a quart Pewter Pot, and violently caryed it away himself and his wife both seing her doe it and forbidding it But shee said shee would have it and Caryed it away And then he the said Segar following her to re- cover his owne Pot and demanding it of her shee denyed shee had it and Calling to her husband Michal Tousley He came and Both He and his wife struck the said Segar severall Blows He with His fist and shee with a stick:
He the said Michal Towsley Denys it altogether.
The former part of this charge appeares: By the Positive affirma- tion of Joseph Segar and his wife in Posession of their goods in theire House and Castle where their goods were taken from them and Goodwife Towsley owning she had the Pot.
The other part appeares partly by her owning that Segar followed her also Her Husband owning they were in Skuffle together: And Jo- seph Segar being in persuit of his stollen goods: And also Edward Burlisons Testymony which is on file.
309
PYNCHON COURT RECORD
Upon all, I sentence Goodwife Towsley for entring into Joseph Segars house, unlawfully taking of a Pewter quart pot of the said Segars, and violently carrying it away when he (and his wife) forbid her and afterward upon his the said Segars goeing after her to regain his Pot She denyed she had it and struck the said Segar severall Blows calling him Rogue and other abusive carriage for all which, I order her to returne the Pot which cost .3s 6d mony in Boston and pay more either .gs in Monny or 1os in other pay and further stand Com- mitted till shee give Bond with surtys to the vallue of .4£ for her good Behaviour and pay the witness Goodman Burlison 2s.
July 20 1685.
Michal Towsley became Bound in the sum of five pounds to the County Treasurer for his wifes good Behaviour and hertoe acknowl- edge.
Before me JOHN PYNCHON Asistant. Til 29th September next [Marginal notation.]
[*193] July .3d 1685.
John Hanchet and James King Tithing men enter a Complaint against Mary the wife of Goodman Towsley for her wicked and hor- rid desperate words of a Develish nature and Notorious lying.
Refer to the Testymonys of John Scot: Thomas Hanchet and his wife: Thomas Taylor, David From and his wife about her lying.
July 22. 1685.
Thomas Miller, John Miller and Benjamin Leanord Complaine against Joseph Bodortha and Thomas Lamb for not doeing up fence in Chik Plaine or not taking care of fence there as fence veiwer to their the said Millers and Benjamin Leanords Damage which they sustaine thereby according as it shall appear:
They produce that the upper water worke was defective which appeares by the Testymonys of James Taylor and Henry Rogers on file it also appeares that the veiwers neither did the fence according to Countey Laws nor made the particular proprietors to doe it ac- cording to Towne order whereuppon I adjudge the veiwers accord- ing to Towne order to pay Ten shillings to be allowed and Paid to said Leanord and Millers because they sustained the damadge by veiwers neglect (and the Town prosecuts not) .
Aug. 11. 1685.
John Miller Plaintiff (by way of Replevy of a Mare of his which Thomas Day had Impounded) against Thomas Day for said Day not delivering his Mare Impounded when he the said Miller tendered
310
PYNCHON COURT RECORD
pay unto said Day to his the said Millers damage .10s according to Bond and Summons.
Thomas Day says he demanded .5s of John Miller not so much for damage as for that his Mare being unruly was in the feild and ac- cording to Country Law it is due (the demand of 5s John Miller ownes) Thomas Day says the Mare was unfettered and as to Millers tendering him pay he knows not of any such thing John Miller says his Mare was Hopled with a pair of with fetters and she might goe in when the gate was open however being so hopled and fetter not lyable to Country Law and I tenderd him for Poundage 2} abushel of Indian Corn: good measure: Thomas Day says that he would have taken up with .5s according to Country Law though his damage was greater nere an acre of ots being spoild: and she was often in the feild, I find for the Defendant Thomas Day 3s 12d and it being by way of Replevy .5s for Miller to pay and also costs of Court .3s 6d and 12d for Thomas Days attendance.
[* 194] Sept. 28 1685.
The Tithingman Samuell Bedortha presenting Benjamin Lean- ord for that Last Saturday Night he was out after Sunset and came thorow the streete with his Loaden Cart the said Benjamin Leanord appearing acknowledged it and said he was belated by the Gather- ers of his Corne else had bene at hom before Sunset and is sorry for it acknowledging his disorder in it: I fine him only 5s to the County and so discharge him.
·5s certificate of it sent up. [Marginal notation.]
Jan. 21. 1685 [1686].
Widdow Sarah Barnard Informing that this day fortnight the .7th of this Instant January shee was much afrighted by a mans com- ing in to her House in the Night when she was in Bed and lying downe on her Bed wheruppon shee gat up and called when presently Thomas Lamb came in and speaking to him he gave noe answer to said Lamb till he Pulled him about to the fire and saw that it was Samuell Owen: the Bed lying close to the fireside he the said Owen lay upon it and would not speake.
So I the said Thomas Lamb run to David Morgan and called him and presently returned again: and Samuell Owen had not stirred to my apprehension and at first only opened his eyes and shut them again: I decerned that he had bene Drinking and smelled of it. When I came with David Morgan he lay across the Bed David Mor- gan also saith the same Then Thomas Lamb Halling him on the floure: there he lay about a quarter of an Houre, and then Labord to
311
PYNCHON COURT RECORD
[*195] to get up though he staggered a pritty while before he could recover himself, but at last he stood up I asked him Samuell what wil your wife say to this that you come to another womans Bed he made noe answer for some time, But at last askt after Josias Leanord and Jonathan Ball (asking him were they of your company, he made noe answer) £ Samuell: said I Come goe hom, and leading him as far as my House He Inquird the way Hom I showed him and set him in it, and so parted (though as Goodman Foster told me he gat but to his House that Night, and that with some difficulty having fallen in the Snow as he saw next morning.
Goodwife Barnard says she Judged he was in drink because hee came in to the House in such a way and yet he never offered any abuse to her but that he lay on her bed and having formerly bene at her House shee never saw any uncivil carriage and doth now Freely forgive and Pass by this and must say and cleare him wholly further then that she Judged him in Drink and frighted her.
Samuell Owen saith He knows not how he got or went to her House not being sensible: nor where he left Josia Leanord having had drink at several Neighbors that Towne Meeting day had forget himselfe and where he was (as also Josia Leanord told David Mor- gan that Samuell Owen had bene where he had Drink and therfore was sorry he left him alone as he did Uppon all I find and Judge that Samuell Owen was Drunk and not sensible whether he went or what he did Wherfore (the woman Having forgiven him in rest save to his disorderly coming to her Huse) I fine the said Owen for his Drunkkenness so to pay Ten shillings to the County Treasurer ac- cording to Law and so dismiss hime.
Certificate of it sent Mr. Tilton.
[*196] Feb. 25th 1685 [1686].
Benjamin Knowlton Plantiff against Charls Ferry defendant for his the said Ferrys defaming the wife of said Benjamin Knowlton By false reports and aspersing her as being the Raiser of scandalous re- ports on Miriam Mirick deceased to his the said Knowltons damage of forty shillings:
Both partys appearing: and all Pleas and Evedences in the Case which are on file being heard, read and Considered: I find for the Plantiff an acknowledgment from the Defendant and Costs of Court: The acknowledgment by Goodman Ferrey to be within .15. days at some Meeting where Goodman Knolton or his wife or Goodman Mirick are or may be present and .10. or more persons To the full effect of or in these words. I Did unadvisedly and sinfully say some words concerning Goodwife Knowlton as If shee had spoken re-
312
PYNCHON COURT RECORD
proachfully of Miriam Mirick deceased for which I am Sorry, and that I have thereby unjustly aspersed Goodwife Knowlton this I now acknowledge as to my owne shame so the vindication of her Name and in Case of Defect herein by Refusall, or neglect Then the De- fendant to pay therfor Twenty shillings and Costs of Court: Costs of Court allowed as per Bill: is 11s 6d.
Goodman Ferrey made acknowledgement accordingly in the words written: owning as abovesaid before the persons and above .20. more present. [Marginal notation.]
March 27 1686.
The Constable of Enfeild Bringing before me some of Windsor that had gathered Candlewood within the Bounds of Enfeild and particularly Nathanell Watson and Nathanell Owen who (though Enfeild men say it was within .4. or .5 Miles of their Towne Directly East) yet owne it to be within .6. or .7. Miles of Enfeild and though they say it is alitle to the Southward of the East yet it Plainly appeares they owning it to be about .2. Miles Eastward of the great Meddow [*197] over Scantuck that therfor It is considerably within Enfeild Towns Bounds a Mile or Miles: wherefore it Plainly appeares (the matter of fact being Evident) That said Nathanel Watson and Owen are Intruders into the propriety of Enfeild and have unlawfully taken Candlewood and Burned it into Tar to the Number of .18. Barrels which they acknowledge: which Tar being Lawfully ceized by the Constable of Enfeild and Brought into his Custody at En- feild: The charges whereoff in prosecuting it were
.9 men on Thirsday Night and Friday is above a day .1. 2. 6
.6 men on Satturday } the day 0. 7. 0
.2. men this day attending part of the Night 0. 4. 0
.3. Teames to bring in the Tar
0.18. 0
2.11. 06
the Cask .12. of them were Windsor mens and .6. bar- rells from Enfeild 18 .9. barrels of Tar at .13S. per barrell is 5£ 17s: 0.
The Candlewood being Enfeilds is accounted at 12 loads and so owned by them which at 12d per load is 48s after Treble damage
2. 02. 00
4. 13 06
.6. of the Barrells Enfeilds 1.01. 00 are more to be allowed the Towne 0.02. 06
5 17. 00 which I give to the Examenance
313
PYNCHON COURT RECORD
Although the Tar is Justly forfeited The act being an unlawfully act yet to Moderate the Busyness, hoping it will be a warning to Windsor people (some whereoff have many tymes bene Tardy) It is adjudged to Let them have halfe their Tar: and so to take only .9. Barrells of Tar: which is by above 5. 17s. And so the Constable of Enfeild is ordered to take and keepe for the charges due as above only .9. barrells and deliver the rest to Windsor men who are dis- charged.
45s of the above Sum is the Townes that is belongs to Enfeild and must be Paid to them and the rest to particular persons.
John Pynchon advised with Samuell Marshfeld and Decon Burt the Comittee for Enfeild. [Marginal notation.]
[*198] At Northampton July .5. 1686.
Mr. William Clarke: Sworn Justice of Peace as also tooke the oath of Allegeance.
July 12. 1686
Mr. Joseph Holyoke Sworne Justice of the Peace. Mr. Tilton and Mr. Partrig desyred alitle tyme to Consider and would attend it spedyly: who accordingly [Aug. 11th 1686] [Marginal notation.] Ap- peared viz Mr. Peter Tilton and Mr. Samuell Partrigg: and Tooke the oath of Allegeance and the oaths of Justice of Peace:
July .5. 1686.
I went up to Northampton Having appointed the Military Com- mission officers there to meete me: who accordingly attended: and Received their Commissions from my hands.
For North Hampton viz. Aron Cooke senior Captain, Joseph Hawley :- Leiutenant, Preserved Clap-Ensign.
Hadley: Captain Aron Cooke Junior, Leiutenant Joseph Kellogg, Ensign: Timothy Nash.
Hatfeild: Leiutenant John Allys, Ensign Daniel Warner.
Derefeild: Ensigne Thomas Wells.
Northfeild Ensign John Lyman.
Likewise goeing by Westfeild I there Delivered Comissions to Captain Joseph Maudsley, Leiutenant Samuell Lomes and Ensign Josiah Dewey.
I had before this delivered Springfeild Comissions viz to Captain Samuel Glover, Leiutenant Thomas Colton, Ensign Abel Wright.
All Sworne and Tooke the Oath of Alleageance.
Likewise to Leiutenant Anthony Austin, Ensign George Norton of Suffeild who swore August 11. 1686.
314
PYNCHON COURT RECORD
Enfeild: To Isack Meachem: Ensigne
The Troope also their Comissions I gave to them viz Leiutenant John Taylor, Cornet Thomas Dewey, Quartermaster Samuell Par- trigg: swore Allegeance.
Clerks of the County Court Likewise Sworne viz Mr. John Hol- yoke and Mr. Samuell Partrigg.
[The oath of allegiance, as printed in Col. Laws Mass., 1672 261- 262, read as follows.]
I (AB) doe truly and sincerely acknowledge, profess, testifie, and de- clare in my Conscience, before God and the world, that our Sovereign Lord King Charles is lawfull and rightfull King of the Realm of England, and of all other His Majestyes Dominions and Countryes; and that the Pope, neither of himself, nor by any Authority of the Church or See of Rome, or by any other means with any other hath any power or Author- ity to depose the King or to dispose any of his Majestyes Kingdomes or Dominions, or to authorize any foreign Prince to invade or annoy Him or His Countrey; or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty; or to give licence or leave to any of them to bear Arms, raise Tumults, or offer any violence or hurt to his Majes- tyes Royal Person, State or Government, or to any of his Majestyes Sub- jects within his Majestyes Dominions.
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