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 34
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Also I doe swear from my heart, that notwithstanding any Declara- tion, or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors, or by any Authority derived, or pretended to be derived from him or his See against the said King, his Heirs, or Successors, or any absolution of the said Subjects from their Obedience, I will bear Faith, and true Allegiance to his Maj- esty, his Heirs and Successors, and him and them will defend to the ut- termost of my power, against all Conspiracyes and attempts whatsoever, which shall be made against His or Their Persons, their Crown and Dig- nity by reason or colour of any such Sentence or Declaration, or other- wise: and will doe my best endeavour to disclose and make known unto his Majesty, his Heirs and Successors all Treasons, and traiterous Con- spiracyes which I shall know or hear of to be against Him, or any of Them.
And I doe further swear, that I doe from my heart abhor, detest and abjure as impious and heretical, this damnable Doctrine and Position, that Princes which be excommunicated or deprived by the Pope, may be deposed or murdered by their Subjects, or any other whatsoever. And I doe believe, and in my Conscience am resolved, that neither the Pope, nor any Person whatsoever, hath power to absolve me of this Oath, or any part thereof; which I acknowledg by good and full Authority to be law- fully ministered unto me; and doe renounce all pardons and dispensa- tions to the contrary. And all these things I doe plainly and sincerly ac-
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PYNCHON COURT RECORD
knowledge and swear according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any Equivocation or mental Evasion, or secret Reserva- tion whatsoever. And I doe make this Recognition and acknowledgment hearttily, willingly and truly upon the true Faith of a Christian: So help me God.
[*199] June. 23th 1686.
At a Court Per John Pynchon as a Member of his Majesties Council
Complaint was made against John Norton.
First for his Misdemeanor in disturbing the Peace of his Majesties Subjects and swearinge:
2ly By Samuell Ely in an action of Battery etc. For that on the 9th day of this Instant June He the said Norton strake abused and drew Blood from the said Ely, cutting a great Gash Just above his eye and sorely brusing his forehead: The occasion being: His denying him Cider when he told him he had had enough Then Norton rose up from the Tables end in his house and said By God I wil make you fetch me cider, and Coming to me struck me in the forehead with his hand or Fist with Somthing (I suppose a shilling which be- fore I saw in his hand) which Cut a great Gash:
According to the Testymonys of Mary Ely: Daniel Beamon and Samuell Beamon which are on file I find the fact, and for damages by loss of tyme Smart or paine and Cure: I find for the Plantiff Twenty Shillings damage and Costs of Court as per Bill one Pounds .25 9d.
Fine 8s 4d. [Marginal notation.]
For his Misdemeanor in Breaking the Peace (It being sometime since and over in his spt [?]) Instead of Binding him to the Peace he rather choosing a fine) I fine him 5s and 3s 4d for Swearing:
At Northampton July .6th 1686.
Samuell Porter Junior of Hadley Plantiff against John Steele of Hatfeild: The Constable of Hatfeild Returning the Atachment that he had Atached .45s of the Estate of said John Steele in the hands of William Armes and owned by said Armes.
The Defendant not appearing upon Call: The Plantiff Produced his Booke of accounts: John Steele being therein charged Debtor, where it is Manifest by the particulars of the Goods delivered in June and July 1685 that Steele the defendant is Debtor 1f 5s 3d. To all which the Plantiff made oath: Whereuppon at request of the Plantiff I proceaded to Judgment, Finding for the Plaintiff 1. 5. 3 and costs of Court as per Bill allowed
0.15. 2
2:00. 5
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PYNCHON COURT RECORD
[*200] Aug. 23. 1686.
Thomas Lamb: John Lamb, and James Lewis appearing to an- swer for their disquieting The Towne by shooting of Guns Last Thirsday in the evening Just within Night.
They owning the thing and acknowledging their folly and being sorry for it and promising to be more carefull and for future to avoid all such foolery I Pass it by (except etc.) for the present.
Aug. 28. 1686.
Joseph Deane Brought before me for stealing several things from John Dickenson of Hadley which things he carryed away with him from Hadly as far as Sheepnuck where he was taken with the things he had stolen and taken out of John Dickensons chamber in which He lay at Francis Barnards House viz 1 white Hat a Serge wastcote .1. pair breechs all which he had on and ownes the taking them, also He is charged with Taking 12d of Money which John Dicken- son says was in the Pocket: likewise a loafe of Bread.
But the monney the fellow denys.
He says he came from Bridgewater where he had lived .6. years and then went a whaling at Sandwich and since came to Hadley. [Marginal notation.]
He being evidently Gilty of Felony, I ordered him to Jayle unless he find .2. Surtys in the Sum of Twenty Pounds for his appearence at next County Court. I Ingaged John Dickenson to prosecute him at said Court.
Sept. 7. 1686.
John Dickenson coming to my house again I told him I Shold have Bound him to prosecute: and did now order him in the sum of .10s to prosecute Joseph Deane.
[*201] Springfeild: Sept. 20th 1686.
Luke Hitchcock as Attourney to Mr. William Gibbons of Hart- ford (whose Power of Attournyship clearly appeared to be so) Plan- tiff against Thomas Huntur Late of Springfeild, for a debt of . 36s gd due by Booke with due damages. The said Thomas Huntur .3. Times called appeared not. But the Atachment being produced which was served by the Marshall (according to his returne,) on a homlot lying on the west side of the River next above John Rileys etc. I Proceeded to examine the account presented out of Mr. Wil- liam Gibbons Booke, the sum being .3. 5. 9d
whereis-credit 1. 9. 0
So the Ballance is 1. 16. 9
Which account produced is attested by Capt. Allyn of Hartford
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PYNCHON COURT RECORD
that it is a true Coppy out of Mr. Gibbons Booke to which he made oath Before said Capt. Allyn at Hartford.
And accordingly I find for the Plantiffs 1f 16s gd.
Attachment .1s
and Costs of Court viz Filing papers.o. 4
Entrance .3. 4d -
5s 2d
Judgment .o. 6 at 7s gd pay < 11. 6
serving the Attachment 4. 6.
the Time attendance of the Attorny 2. 0. 2. 8.3 5s 2d if it to be money.
The Land I order to stand Responsible til execution, which I Respit (In regard of Hunturs absence) for .3. Months If Huntur shall appeare in said tyme to respond otherwise.
Execution Granted Feb. 5 1686/7. [Marginal notation.]
October 20. 1686.
James Cornish and Joseph Williston for their unseasonable walk- ing and making Disturbance on the Sabbath day Night on or about the 19th of September 1686 it being in veiw and hearing of the Con- stable their Noise and walking in the streetes unseasonably for that day I admonished them and order them to pay the charges and so dis- missed them only telling them especially Williston (who was most saucy) that If they did not reforme or were brought forth again this should be an evedence against him: and occasion more severity.
[*202] Oct. 20. 1686.
Deacon Jonathan Burt plaintiff against Thomas Mirick Senior for saying of Deacon Burt that he lyed basely and was a Lying man: to the damage of 4os in defaming his the said Burts name:
Thomas Mirick appearing said he was sorry for the words ac- knowledges they were grose Rash foolish and sinfull and desyred Deacon Burt to Pass them By who replyed he did not desire his Money But his owning his disorder and Ill speakings and now doeing it he did freely forgive him: He paying Costs viz 18d Mony and so Issued this matter.
Jan. 17. 1686 [1687].
The Complaint of Samuell Marshfeild: John Dumbleton, Ben- jamin Parsons and James Warrinar is, That in the yeare 1683/84. They then betrusted Thomas Mirick Senior Then Constable with the Collecting of a Towne Rate of .35f or thereabouts, which was to be Paid out for Towne Disbursments of which they say there is yet behind and not come in or Paid in to their order the Sum of .2f gs
318
PYNCHON COURT RECORD
3d which they challenge and require of said Thomas Mirick: Thomas Mirick appearing Joines Issue with them that it come to a Judgment provided that what he makes appeare he hath Paid of this remaining Sum of .2£ 9s gd towards Towne charges and disbursements be al- lowed off.
Upon hearing both partys I find 2£ 9s 3d due to the above per- sons Samuell Marshfeild, John Dumbleton, Benjamin Parsons and James Warriner for and towards the Townes disbursements from Thomas Mirick who had order to Receive it of particular persons with a greater sum The 2. 9s 3d being behind I adjudge Thomas Mirick who was betrusted with the collecting the sum or Rates then to Pay the sum behind viz 2£ 9. 3d which he must respond out of his owne estate unless he shal and doe make it appeare by this day senight that he hath Paid it or part of it towards the Towne disbursements not yet allowed him for what he doth make appeare that shalbe al- lowed of and He be discharged of: otherwise he the said Thomas Mirick is to respond for the whole 2f 9. 3d or what of it shal not be allowed of by Samuell Marshfeild, John Dumbleton, Benjamin Par- sons and James Warrinar as Paid toward Towne disbursements be- fore this day senight: and the said Thomas Mirick shall require and collect it of the severall men behind.
[*203] October 5th 1687.
Fearenot King of Westfeild Plantiff against George Sexton Senior of Westfeild for that said Sexton refuses to give him the said King sattisfaction for taking away .8. Cattle from him which he was driv- ing to pound about this time .12. month To his the said Kings Dam- age 4os or as shalbe made appeares and further for Threatning speeches towards said Kings person with due damages.
Upon hearing the Case: for as much as Fearenot King was In- justly disturbed and Interupted by George Sexton in driving the Cattle to the Pound wherby they were not Impounded as they ought to have beene: I find for the plantiff 5s and for the threatning him to knock him down therby stopping him when he was about a Law- full designe I find for him .5s. In all Ten shillings and Costs of Court allowed .22s 2d whereof .9s 2d to myselfe.
Dec: 12. 1687.
James Moore Plantiff against Joseph Pomrey for not paying a debt of forty shillings due to Mr. Partrick Cunningham deceased.
The account which Mr. Moore shows in Mr. Cunninghams day Booke amounts to 4. 10. 7.2 of which Mr. Cunningham says Acounted and agreede
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PYNCHON COURT RECORD
March 22. 8 3-that the rest is- 1. 6. 10분 and afterward March .16. 1684/85 for Gloves Stockens Cotten
14. 00
All is 2. 00. 102
Joseph Pomrey pleads payments which doe appeare to be allowed or set of to the 22 of March 1683 [1684] to the sum of about .3£ 4. 0 and the remaine is above: And forasmuch as Joseph Pomrey pro- duces several payments yet not exceding what Mr. Cunningham hath allowed nor yet any payments since the date of the Reckning or set- ling of the acounts I therefore find for the Plantiff forty shillings and sumons -0. 1. 0
Costs of Court viz 1 entry action -0. 3. 4
Judgment -0. 0 6 Mr. Mors attendance 0. 2. 0 o. 6. 10
All is 2£ 6. 10d.
James Moore Plantiff against Walter Lee as above for about 40S debt:
The account produced is .2. 6. 8 whereof Lee disowns .1. yard serge etc.
. 9. 0
so 1.17 8 is the debt which Lee
produces payment of it and more viz 2. 3. 6
So they withdrew and he must have his Costs If they doe not agree.
Mors Against Samuell Phelps for the debt 2. 14. 10d) Paid 1. 16 0
rests o. 18. 10
I find for the Plantiff .18s 1od and Costs to be Paid in Tar: as Phelps owned.
[*204] Dec. 12 [1687].
Mr. James Moore Plantiff against Nathanell Bancroft for debt of Mr. Cunninghams of 1. 16. 6 Wheroff Paid 1. 7. 5
Rest . 9. 1 I find for the Plantiff .9s id and costs 6s 10d.
Moore Against Edward Neale for 14 bushels of Indian Corne.
I find for the Plantiff .14. bushels of Indian Corne. He forgave the costs:
[Moore] Against William Randall for .1f 13. 6 wherof Randal Paid as he makes oath .4. bushels of Indian Corne: to Mr. Cunning-
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PYNCHON COURT RECORD
ham himselfe at Sackcuts house which sets of .8s. I find for the plantiff .25s 6d only If Randal prove .2 barrels of Tar Paid one at Windsor per Thomas Nobl and .1. at Westfeild paid John Sackcut and to the plantiff have bin paid since August 1685. or since the .16th of the March Instant before: then I find but 3 and Costs of Court.
Westfeild Feb. 3d 1687 [1688].
Josiah Dewey Plantiff against Fearenot King in an action of Debt of 8s 4d due to said Dewey from Fearnot King withal due damages which shalbe made appeare:
The Plantiff and Defendant apearing and the Plantiff produc- ing his account with evedences in the case also which are on file, the defendant also not disowning the account yet saying that .2s 4d was Paid him the debt since the summons which the Plantiff ownes: so that the 6s remaining due to the Plantiff Josias Duee being a Just debt for an Apple Tree that should have bene Paid in hay Last win- ter, but was denyed and refused to be delivered the Plantiff when he came for it. Wherefore I find for the Plantiff .6s and for charge in goeing for the Hay that Fearnot King would not let him goe away with which appeares to be at least 2s 6d. In all eight shillings .6d. I find for the Plantiff and costs of Court 16s 8d.
Fearenot King Plantiff against Capt. Joseph Maudsly, Ensign Josia Dewey and Samuell Roote for taking out of Pound several Swine viz .16. Impounded by said Fearnot King for which he de- mands .16s according to Towne order and 16s according to the Pub- like act of the Council and it being done without his allowance and not giving him sattisfaction To his damage as he shal make appear: Plantiff and defendants appearing:
The defendants say they tooke them not out of Pound without leave, But by the Pound Keepers giving them the key and upon their promising pay they had the Swine, and gave a note under their hand accordingly which was produced and owned.
So that I doe not Find the defendants culpable as to disorderly takeing the Swine out of Pound But It appearing the Swine were Impounded and upon account of the Towne order of . 12d per head for being in the Feild I find for the Plantiff .16s, whereof .gs is owned Received so that I find .7s to be paid him and costs of Court .19s 8d.
[*205] Feb. 8th 1687 [1688].
Benjamin Leanord appearing Before me and presenting the Case of a Mare which he attached of Thomas Hunters for a Debt of Ten: or .12s which the said Thomas Hunter owes him the said Benjamin Leanord.
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PYNCHON COURT RECORD
And the Case being thus that the Mare was formerly Benjamin Leanords and by him Sold to said Thomas Hunter, whereby it be- came his the said Hunters: only for that the said Huntur owes as aforesaid about .12s to Benjamin Leanord, Thereuppon he by the Marshal Atached the said Mare in another mans hands (viz James Foords who tooke her up in the woods) and Benjamin Leanord knowing the Mare to be that Bay Mare which he sold Thomas Huntur, which said Huntur oweing him as aforesaid about 12s He the said Leanord desyring some order from me concerning it and that he may have his 12S.
Considering what is presented and That Thomas Huntur is ab- sent: I ordered Benjamin Leanord to keepe the Mare til Thomas Huntur may be sent to, or heard of and that he use al meanes to acquaint him with it, and in meane time to take Care for the winter- ing said Mare: and to Improve her for defraying the charges of Atach- ing and procuring her, that she may be preserved for Huntur in case he can be heard of within a .12. Month and so I wave the Issue of the case at present: ordering that he the said Leanord have the Mare forthcoming for Huntur in case he be heard of or otherwise as shalbe hereafter determined adviseing that the Mare be prized by Indiffer- ent persons to know what she may differ from the price Benjamin Leanord at first sold her for (viz. 45s) to Thomas Huntur: and in order to what Further may be determined in case Huntur appear not by the time set That is to say a Twelve Month from this tyme for so long I order the Mare to be under Benjamin Leanords Custody and to be Responsible for the 10. or 12s abovesaid and for about 12s he owes to me John Pynchon (unless Huntur appear before) then to be determined that is this tyme 12 Month so long [?] the mare to be in the Custody of Law.
[*206] Feb. 18th 1687 [1688].
James Pettey Plantiff against Thomas Cooper defendant in ac- tion of Debt of one Pound 12s 2d due in Porke with al due damages.
The Plantiff producing his Booke To which he made oath where- in is charged 1f 125 2d and it appeares he Paid so much for the de- fendant to Mr. Gardner by Capt. Caleb Standlys attests from Mr. Gardners Booke which being presented I therefore find for the Plan- tiff 1f 125 2d and Costs of Court as per bil allowd 12s 8d.
May .4th 1688.
Mr. James Moore Plantiff against Walter Lee for not paying a debt as per Booke and due to Mr. Partrick Cunningham deceased.
Mr. Moore produces Mr. Cunninghams Booke where the Sum
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PYNCHON COURT RECORD
due to Mr. Cunningham is 2£ 6s 8d most of which particulars the said Walter Lee ownes he had, only denys that Article of .1. yard of serge and Cotten riban .9s. The rest or other Articles he owne the having the goods only says he Paid for them and particularly 4s 6d for the salt, But produces noe evedence nor demonstration thereoff: yet Mr. Moore allows by a Paper he finds in Mr Cuninghams Booke of payment of .4. bushels of Indian Corne and 2 bushels of Winter wheat, which is the sum of .155 00
The first Article in the Booke being questioned by
Walter Lee, and disowned I therefore abate that
9. 00
which is 1.4. 00
So remaines 1.2. 08
I therefore find for the Plantiff one Pounds Two shillings eight pence, and Costs of Court viz summons 0. 6d -
serving it 0. 6d
Coppy Judgment 0. 6.
Mr. Mors attendance
1.
6
0 3. 0
Costs
3
and
1. 2. 8
1. 5. 8
Walter Lee promised to pay it by the .15th day of this May in Tar. and therfor execution is to be respited til after that day:
[*207] May 19th 1688.
Nathanel Bancroft. Plantiff against Mr. James Moore in an action of Review of a Judgment Granted Mr. Moore against said Bancroft on the 12th of December last where and when Judgment was Given for said More for gs 1d besides Costs 6s 1od when as said Bancroft says the gs. 1d. is Paid Moore and 2s 5d more is due to him where- fore he revews and sues for his due as aforesaid and for damages ac- cording as he shal make appeare: and said Bancroft desiring a Jury: accordingly a Jury was summoned and returned by the Constable, who are as followeth Jonathan Burt Senior, Benjamin Parsons, Sam- uell Bliss Senior, James Warrinar, John Hitchcock, Charls Ferry, Samuell Ball, Samuell Terrey, Johnathan Morgan, John Warner, James Dorchester, Luke Hitchcock.
The Jury Called: and Plantiff and Defendant appearing: and withdrew: so it falls.
They agreed only they desyre me to enter their Agreement which is That Nathanel Bancroft Ingages to pay to Mr. Moore 4 bushels ¿ of Indian Corne and 2 Bushels of winter wheat to be Paid in next Munday at Joseph Sackcuts house.
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PYNCHON COURT RECORD
May 31. 1688.
Widdow Mary Parsons Plantiff against Joseph Marks for detain- ing an Iron Spade above a 12 Month and Cost .8s in winter wheat I find for the Plaintiff the Spade to be delivered as good as it was forth- with or 8s in winter wheat and Costs 3s 6d.
Sept. 20. 1688.
The Constable of Enfeild Robert Pease Presents John Kibbee for refusing to watch last Sabbath day Night being warned per his order and saying it was not his turne wherby the Constable supplyed his Place: al attested to per the Constable: I sent Summons for him to answer it to Morrow at 8. of the Clock [Sept. 21.] Appearence being accordingly Elisha Kibbee saying his son was not wel: and it was out of his Turn and offering to watch for his son this Night and to allow the Constable .12d for his Paines and attendance so Issued this matter.
[*208] June. 4th. 1690.
Mr. Thomas Sweatman Complaining against Daniel Beamon, who being Summoned appeared accordingly to answer for his abus- ing said Sweatman yesterday by Reprochful words, calling him Rogue and Theife: Threatning his life; and by striking him, and breaking the Peace he affirming he gave him many Blows with his fist and kickt him when he was downe Tore the haire of his head and Tore his Jacket.
The witneses Summoned viz Obadia Cooly and Thomas Dyer not appearing I deferred the Case afterward they appeared.
[Three lines are deleted.]
Daniel Beamon ownes he said he was a Theife and said noe more and that was because he tooke a peice of eight from his Brother Josias: which Sweatman ownes but says his Brother Josias gave him it to Change because he Lent him 2s 6d.
I find it to be a squobling busyness between themselves only that Daniel Beamon is faulty in breaking the Peace as appears by Thomas Dyer and Sweatmans Testimony. So I fine Daniel Beamon five shil- lings to the County to be Paid in to the County Treasurer and Costs of Court as part of it viz .12d to the Constable: and 2 witness attend- ance which 12d being part of the .5s Tis .4s which I must certifie to the County Treasurer.
[*209] July 31th 1690.
John Crowfoote and John Buck being Complained of for being Drunk last Night and being abusive in their Carriage as also abusing the watch about or after Ten of the clock at Night: And appear-
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PYNCHON COURT RECORD
ing according to Summons, that is to say John Crowfoote, Buck having withdrawne himselfe: I gave out a special warrant to the Con- stable for apprehending said Buck and bringing him before me, and deferred John Crowfoote til then, ordering him accordingly to ap- peare and answer for his disorders when Called:
Aug. 1st. 1690.
The Constable having apprehended and Brought John Buck: went for John Crowfoote also whom he met with and required him to Come along with him to my house forthwith, But said Crowfoot Rid away and whipt his horse to make speed, and Riding by my house in stead of Coming in went away which delayed proceeding til late in the Evening when being light on I proceeded to examenation:
John Crowfoote: Examened saith: That the Drink we had was mine, and I had a Bottle a quart of Rum which I caryed up to Capt. Glovers new house: we had noe Company when I Carryed the Bottle there, John Buck and I only was there; being asked where he had the Drink he said I had it of Samuell Bliss in Towne, Old Samuell Bliss that kept the ordinary: I had it of him last Wednesday and Paid him for it before I had it: I Paid him in Corne, a bushel of Mislen wheate and Ry he had of me for it, and at Night I and John Buck drunk some of it, and Barrow Steele coming by I made Barrow Steele and Thomas Rich: drink: Barrow Steele being by said I was goeing by and seing them there I went towards them, and they gave me a Dram Twas in the streete I was, But Thomas Rich was there before:
Asking Crowfoote why he abused the watch, He said that He knows not that he medled with or abused the watch: and denys much:
An evedence of his being in Drink. [Marginal notation.]
John Buck examened saith, I had noe drink at all only what Crowfoote had in a Wooden Bottle, and I never saw it before it was in Capt. Glovers house, and says he Remembers nothing [*210] noth- ing at al of drawing his knife or that he said anything to his Mistris or saw her there which demonstrates also his being in Drink:
Testymony being ful and cleare concerning both of their Dis- orders, being at least in drink: and of their and each of their abusing the watch, reviling them and others and roaring rudeness etc. which evedences are on File: I accordingly proceeded to sentence them as followeth:
John Crowfoote and John Buck for being last Wednesday Night the .30th of July past In Drink, If not Drunk and that at a very un- seasonable time being .10. a clock at Night If not past as the Testy- monys speake: I Doe Sentence each of them forthwith to pay .5s a
325
PYNCHON COURT RECORD
peice according to Law or else by the Constable to be Set and stand in the Stocks to Morrow Morning one whole Houre: And for their and each of their Rude behaviour at that time of Night abuse of the watch, Offering at the watchman, and Daring him by words and ac- tions, horribly reviling and reproching others also, John Buck grievosly swearing and prophaning the Name of God and Crowfoote shewing neglect and Contempt of the Constable now when called, though ordered to attend: Al being to the great dishonor of God, Scandal of Religion and of pernicious example If not borne witness against: I Doe therefore Sentence each of them for said various mis- demeanors which are most evident by the Testymonys on File, To be wel Whipped by the Constable (or whom he shal procure) with Ten lashshes a peice well laid on upon the Naked Body to Morrow morning, and to stand Committed til the Sentence be performed, only Crowfoote in case of Paying downe a Fine of 4os to the County, to be discharged of this last Sentence of Whipping only: and is to pay al Charges to the Constable etc.
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