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 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45
Each of them were accordingly Committed for this Night.
August .2d.
In the Morning: The Constable as he was ordered brought them forth to Receive their Punishment, which was duely Inflicted: John Buck being wel whipt, Crowfoote tendring the Fine, which Mr. Glover Ingaged payment of:
[The following September 30, 1690 entry of the County Court re- lating to Crowfoot's offenses is found in Rec. Cty. Ct. Hamp. 127. A variant entry appears in Volume A, Registry of Deeds, Springfield, Hampden County, 1690-1692, 288.]
John Crowfoot upon an Examination before the Worshipful John Pynchon Esq. where he had his drinke that he and others were abused with the summer foregoing this Corte, and also was amerced for by his Worshipful John Pynchon Esq. he the said Crowfoote did confesse that he had said Drinke of Samuell Bliss Senior and paid him for it, (which also he owned in open Corte) and in as much as said Bliss had no licence so to Sel, this Corte therefore doe order said Blisse to be brought into Ex- amination and Tryall for it, either at the next Courte or before the Wor- shipfull John Pynchon Esq., if he Judge meet to do it.
[*211] Aug. 19. 1690: Samuell Lamb against Samuell Thomas.
Samuel Lamb Plantiff against Samuell Thomas, for that Samuell Thomas withholds from him a debt of .13s Ingaged to be Paid in a Barrel of Tar: with al due damages.
Samuell Thomas appearing ownes the debt that he owed him .13s But says he Paid it in a barrel of Tar To James Mun upon Samuell
326
PYNCHON COURT RECORD
Lambs Account: Samuell Lamb denys that Jams Mun ownes the hav- ing of any barrel of Tar and will give him credit for none: So unless James Mun wil owne the Receiving or having the Barrel of Tar or that Samuell Thomas doe prove the delivering it to him: I find for the Plantiff Samuell Lamb: a barrel of Tar or .13s and Costs of Court viz.
Summons and Atachment 6d )
Entry of the action 3. 4d
The Constables serving it 2. 6
o. 8s 6d
Samuell Lambs attendance the other day when Samuell Thomas appeared not and now 2. O -
Fearnot King Feb. 18. 1690:
Fearenot King and Thomas Mooreley Issued there busyness thus: that Thomas Moorely is to pay King .5s now in corne which he says is ready: and .4s in worke betweene this and Midsummer next: This was the ful Issue which I entred to prevent any after squoble be- tweene them.
April .6th 1691.
Widdow Benedicta Lawton administratix to John Lawton of Suf- feild plantiff against Henry Rogers of Springfeild defendant for that said Henry Rogers neglects or delays to pay .1f 3s 6d due by Bil which said Bil is presented in Court and owned by Henry Rogers and was payable the . 15th of January last past: plantiff and defendant appearing and the debt not being Paid I find for the Plantiff said Bil of 1f 3s 6d and Costs of Court .6s 10d.
[*212] April. 14. 1691.
James King of Suffeild Complaines against Michael Towsley of said Towne, for stealing certaine goods of his.
Michael Towsly appearing being Brought by the Constable who made search according to warrant sent him for that end; and returnes That he found some fine thrid and a Clout or child bed linnen in the house of said Towsly which James King challenged as his.
Further James King Complaines as per his Paper given in in writ- ing of said Towsly and his wife Threatning them and offering Mis- cheife to their Cattle and threating to burne His house whereby he is in feare of Mischeife to him and his family said Kings wife also say- ing the same.
And that Towslys children were Theevish pilfering lying etc.
Burlisons axe which was in Towslys hands is lost said Burlyson not being here But the ax is found: and owned. [Marginal notation.]
327
PYNCHON COURT RECORD
James King demands of Towsly .21. knots of fine thrid which 20 of which knots are a Run: a Run at more than .4s Towsly ownes that is to say that they had 21 knots of Goodman Kings thrid.
The linnen and other things complained of and of his children not being made appear at present are deferred to another time.
But the thrid being evident that Towsly had it to the ful vallue of .4s I find Treble damages viz 12s for Michael Towsly to pay said King and al Costs and Charges both in the search and now at this time of appearence al amounting to .15s 6d.
[whereof 4s restored
remains 8s
and
15.6 .1.03.06.
May .23.1691.
Michael Towsley last week was complained off and now being again brought to me by the Constable some peices of linnen though worne much yet very evident of James Kings and .4. Trenchors of his being found in Towslys House also several Testymonys etc. about yarne he had was challenged by others besides vehement suspicions that he had killed and made use of others swine etc.
I required him to become Bound in .20£ Bond with .2. suretys for his (good behavior and) appearence at next County Court in Springfeild to answer for said Misdemeanor and Bound James King in like sum to prosecute against him at next County Court who ac- knowledged it before me and I accepted that and for Towsly he is to be under the Constable til Monday that he finds surtys or else be Comitted.
Munday May .25.1691.
Michael Towsly appearing several Testymonny etc. which are on file being produced, and Finding noe suretys for etc: I Sent him to Jaile til the Court or that he find suretys as aforesaid.
[The following September 29, 1691 entry relating to Michael Towsley and his family is found in Rec. Cty. Ct. Hamp. 144. A vari- ant entry appears in Volume A, Registry of Deeds, Springfield, Hampden County, 1690-1692, 303-304.]
Michael Towsley and Mary his Wife and their daughter Mary, being al presented to this Court for divers misdemeanors and al appeareing, and each of them haveing been examined before the Worshipfull Collonel Pynchon, and divers Examinations and witnesses or testimonys being read in open Court, the Court do Judge them all to be guilty accordding to the respective testimonys of the crimes witnessed against them, viz. of
328
PYNCHON COURT RECORD
lying of Stealing and of Killing Creatures, or some Creatures of some of their Neighbors, and of threatening some of their Neighbors, or express- ing such things as that their Neighbors are affraid of greivous mischeifes to be done to them by the said presented partys. This Court therefore to beare due Witnesse against Such Sinfull and dangerous and to be ab- horred practices doe adjudge as follows, first Since they find that the daughter Named Mary is guilty of lying, especially in that She charged her father before authority, as killing and Stealeing and teaching her to Steale, and again denying her Confession before this Court, the Corte doe adjudge her to be wel whipt on the naked body with eight Lashes and Ebenezer Parsons presenting himselfe in the Corte as willing to take said Mary as a Servant upon a months tryal, This Court do order that at the months end, if said Parsons desire it, that Indentures be drawn and con- firmed, or otherwise the Corte do Order that the Select men of Suffeild do take effectual care to have said Mary put out to Some meet Person or Persons to Service with whom she may be wel educated, the child herself Saying, that she can do [no?] better or reforme whyle She continues with her Parents or father. And as to the woman the Wife of said Towsley, the Court do find her Guilty of desperate Speeches, and threatening Cursing to her Neighbors to the great disquieting of them and do adjudge her to be wel whipt on the naked body with ten Lashes: And to Michael Towsley, this Corte finde him Guilty of fellonious practices takeing away his Neighbors goods and in particalar Killing Some Swine or one Swine at Least, This Courte therefore do adjudge him to be well whipt on the naked body with fifteen Lashes, and that he pay al Charges respecting the prosecuting him for his hainous Crimes and particularly that he pay James King twenty shillings and Edward Burlison Ten Shillings And the Court do further adjudge the Said Michael Towsley and Mary his Wife to be bound in the Sum of Ten pounds apiece for their Good behaviour during the pleasure of the Corte.
[*213] June. 10. 1691. Fearenot King against Thomas Mooreley.
Fearenot King and Thomas Moorly apearing noe Atachment be- ing returned yet Thomas Morely produced under Constable John Guns hands, that said Thomas Morely had Paid in to the Constable what King demanded viz .2 bushels and } of Indian Corne and .3s in other pay: for Kings charge so that the debt of .5s sued for being dis- charged I dismissed them that in the .2. bushels and .¿. of Indian Corne and .3s in the Constables hands being Paid to King was to Issue the busyness (excepting that of the 4s) which I sent a note to the Constable Gun to deliver it to said King:
Se back one leafe: of their former agreement. [Marginal nota- tion.]
July 22. 1691. Victory Sikes against James King.
Victory Sikes Plantiff against James King for Taking Clapbords of his falaciously, though releasing them afterward yet not sattisfiing
329
PYNCHON COURT RECORD
the said Sikes for his Troble and hindrance thereby to his damage 20s or as shal appeare.
Plantiff and Defendant appearing according to summons The Plantiff says he felled the Tree out of the Commons close and shaved the clapbords which King tooke away King says he went for the clap- bords because he tooke them to be on his Grounds and had measured it, but it seems mistooke and so released and left the Clapbords to Victory Sikes, and that the taking them was by a mistake and not falaciously; And an agreement also was made betwen Victory Sikes and him.
I find for the Plantiff the clapbords to be his: But noe Falacious taking them on Kings part. So that the plantiff having the clapbords which the defendant yeilded or left to hime I find for the defendant, and it being a case right meete for a Tryal: they having come to an agreement I order both of them to beare their owne charges: and so Issued it.
[*214] Sept. 12th 1692.
Thomas Day of Springfeild Plantiff against Richard Burk late of Springfeild Defendant according to Atachment for not paying a debt of about fifteene shillings due By Bil with al due damages.
Richard Burk being .3. times called and not appearing I pro- ceeded according to Atachment, the Goods Atached being in the hands of Thomas Mirick Senior, Tilly Mirick and James Warrinar.
Thomas Day Bil from Buck produced, being at first 4£ .12S whereof is Indorsed on the Bil as I find: Paid .3. 17. 6 so rests due- .0 14. 6
I find for the plaintiff 14s 6d-14s 6d
It is 1.3.10
and Costs of Court viz Constable
and Execution 0.2. 0
twice 25]
is 1.5.10
attendance time etc.
of Days 2. 1 4S /
9s 4d ) 1. 3. 10.
.2. Atachments is IS
Entry of Action .35.4d
5:4
and Fyling Paper 8d
I deferred execution the defendant being absent for one weeke.
Sept. 12. 1692.
John Mirick Plantiff against Richard Burk according to Atach- ment etc. as above for not paying Ten shillings for Hay:
I find for that John Mirick declars .2. load of Hay he sold to Richard Burk at 1os per Load is 20s whereof he Received ios re- maines due 10s.
330
PYNCHON COURT RECORD
Ebenezer Graves and James Mirick Testify on oath that they carryed and delivered to Richard Burk .2. load of Hay into his Barne from John Mirick and John Mirick owning the Receit of 10s I find due 1os and Accordingly find for the Plaintiff . 10s and Costs of Court viz time 2S
.2. witneses .2. 8s 4d
Atachment and entry action 4.4
Filing Papers 8d | al is 17s 4d
with execution 2.0 is .19. 4d
[*215] Jan. 17th 1692 [1693].
Richard Waite Prison Keeper Sueing for his Fees viz .5s which is due to him for Thomas Lambs Commitment, who refuses to pay his Fees which at first he had promised: Thomas Lamb being Sum- mond as per return from the Constable and appearing: said Thomas Lamb: saying that he was wrongfully Imprisoned concerning which I Replyed that is not the worke now, But whether you wil pay the Prison keepers fees, which he not yeilding to: I Proceeded according to the writ returned:
Richard Waite being Plantiff in a Plea of detinue against Thomas Lamb for detaining .5s his fees: I find for the plaintiff .5s and Costs of Court viz
Withdrawne the persons agreeing: and so Issued the matter. [Mar- ginal notation.]
Jan. 23. 1692 [1693].
Tilly Mirick Plantiff contra Samuell Davis defendant according to Atachment in an action of Debt of .40s due to said Tilly Mirick for a Saddle: Samuell Davis being Three times called the Atachment was read and returned being that it was served on a Crib of Corne in Samuell Lambs yard, Samuell Davis having notice of it, and warned also by writing left at his place of usual abode. I Proceeded upon Tilly Mirick presenting his Booke of accounts where in page 42. Samuell Davis is made Debtor To a Saddle .40s to be Paid in Corne, To which said Tilly Mirick made oath that it was accordingly a true and Just debt (ever since August last) for which he hath Re- ceived nothing: I find for the plaintiff .4os to be Paid accordingly that is in Corne and Costs of Court viz as per bil allowed .7s 2d.
[*216] Feb. 24. 1692/93.
Peter Mils Plantiff Contra Widdow Mary Parsons of Springfeild (according to Summons returned served) In an action of Debt to the value of Twenty five shillings Both partys appearing Peter Mils pre-
331
PYNCHON COURT RECORD
sented his Booke of accounts of several particulars of worke al which being cast up amounts to .25s. The particulars owned by the Defend- ant in everything: Only that the Widdow Parsons presents her Booke that 8s of it is Paid by her daughter Hesters worke with said Mils To which said widdow Parsons made oath to her Booke: which 8s abated from the debt I find for the Plantiff Seventeene shillings Costs of Court
entry etc. .3s 8d )
5s 8d
attendance 2.
Eodem Die:
Widdow Mary Parsons Plantiff (according to Atachment and Summons returned served) Contra Peter Mills defendant in action of Detinue for not returning or rendring a true account of .8. or .9. yards of linnen Cloth and some callico delivered him to the value of 33s with damages. The Plantiff presents her booke specifying 11 yards of Linnen Cloth delivered him whereof she had again only so much as was cut out for .3. stays To which she made Oath. So that it appeares there is about .7. or 8. yards stil in Mils his hands and the Callico Lining of a Manto a Patterne of the Cloth being presented and shown I find for the plantiff 6 yards & of linnen Cloth that is sheere cloth at .3s. per yard is o1f oos. ood and the calico not re- turned at 2s al is Twenty Two shillings And Costs of Court viz
an Attachment and Summons 1S .6d
entry of Action Fyling Papers 3.0 4s 6d 6s 6d
2 Attendance by an Attourney
They agreed after Judgment to Set both their actions according to their sums one against the other
Widdow Parsons sum with costs-1.8. 6d
Mils his sum pays .1f.2s. 8d) so rests 0. 5. 10 1.8:6 which .5s 10d
Peter Mils Ingaged to pay in to Mrs. Parsons in .3. or .4. days time: doeing which al Issues, both sides agreeing so that If Mils Faile in payment Execution may goe out for the .5s 10d.
March. 9th 1692/3.
Samuell Barnard (Prentice to Obadiah Miller) being Com- plained of and warrant sent for him to answer for his misdemeanor in throwing stones or sticks at Glass windows last Munday Night and appearing said he Threw none But these were in company Pelatiah, David and John Morgan as also Ebenezer Petty, William Scot and Thomas Stebbins, with himselfe: some said there must be noe throw- ing at Winddows, But Ebenezer Petty said he would throw and Did
332
PYNCHON COURT RECORD
Throw at Mr Holyokes window or to the house and it light on the winddow: I ordered him said Samuell Barnard to appeare to Mor- row in the evening about or before Sunset When I gave out warrant for Ebenezer Petty (and others) appearing then:
March 10th 1692/93.
Ebenezer Petty: John and David Morgan and Thomas Stebbins appeared: and al disowned the knowledge of Damadge to any win- dow, and particularly Ebenezer Petty denying that he Throwd at the window Also Samuell Barnard further examined saying he thought it only: I admonished the Lads and discharged them:
[*217] April .6th 1693. Peter Mils against Banes.
Peter Mils Plantiff contra Benomi Banes defendant, in a Plea of debt to the vallue of .1f 19s 1od with damages: summons returned and both partys appearing: Peter Mils produces his Booke for several things to the sum of .2f 19s od and allows for Porke Received from Banes the sum of o. 19. 9: which deducted
So the remaining debt due to Mills is 1. 19. 3
Banes produces payment By Silver is at By goeing to Hartford ) 2S to take up a warrant 4 0. 16.0
By .2. yards Į cotton cloth at 45 -- 10
This appearing to be Paid viz- 16s and rests- 1.03.3d.
Each of them producing their Bookes [illegible] tendered to make Oath to their several accounts as here Inserted, and made up: and as they were goeing to Sweare, they agreed to accept and take each others accounts without making oath.
I find for the Plantiff-
01. 03. 03
and Costs of Court:
viz: summons entry of the action 3:
o. 6d \ 3. 6d 00. 06. 06
serving the summons- 1S.
.1. day attendance- 2
3. 0
Banes without execution Paid Mils by Charls Ferry .30s.
April .18. 1693.
Peter Mils Plantiff contra John Sackcut Junior of Westfeild in a Plea of Debt according to summons to the vallue of .12. or 14s shill- ings with damages that shal appear:
Summons returned and both partys appearing viz Peter Mils by his servant and Attourney: said Attourny producing the acount and
333
PYNCHON COURT RECORD
swearing thertoe for the sum of 11. I find for the Plantiff 11s and Costs of Court .10s 4d viz sumons, entry action and
filing Paper 3.10
serving summons 2. .2. day attendance .4.
Peter Mils of Windsor Plantiff against Joseph Pomry of Westfeild in a Plea of debt to 20s with damages: etc: summons returned and both partys appearing: Joseph Pomry the Defendant Pleads that he the Plantiff agred to take .11s owning the worke to be done I find for the Plantiff .11s and Costs of Court.
viz summons entry of action and filing Papers -. 3. 10d ) serving summons and travel .9. miles 3. 3 -115 1d.
4. 0 .2. day attendance
.22s 1d. [Marginal notation.]
Peter Mils Plantiff against Samuel Ashley of Westfeild in a Plea of debt to the value of Ten shillings with damages according to sum- mons the plantiff not appearing and not being Summoned noe pro- ceeding was:
[*218] May .23. 1693. Jacob Adams against George Granger.
Jacob Adams Plantiff against George Granger in a Plea concern- ing detaining his cannoe to .20s damage: Summons returned and both partys appearing: The Plantiff affirming he detained his canno nere a Month: The Defendant ownes that the streame and wind be- ing to hard for him he could not bring the cannoe but left it at Hart- ford, and that it was .3. weeks and .3. days before she was returned: The Plantiff Pleads the want of his canno to go to the Mil being as his Horse and many ways a wrong to him: He was put to hire a Horse to mil Twice. etc. I find for the plantiff . 15s and Costs of Court
sumons 0
6d
entry
3
filing paper 0. 4
serving summons 1. O
Coming for summons:
and attending twice 3. 6 8. 4
15. 8. 6
1. 3. 6 [Marginal notation.]
July 8th 1693.
There having beene some occasion of Discourse about Ebenezar Scot his being at Liberty from his Father Terry: Disorderly goeing
334
PYNCHON COURT RECORD
off being noe ways allowable or Countenanced said Samuell Terry and his wife the lads Mother, as also his uncle Samuell Bliss being present: with the lad Ebenezer Scot: came to This Conclusion: That Ebenezer Scot shal be at liberty from his father in Law Samuell Terry at the end of October next Til when He the said Ebenezer Scot is to continue with Samuell Terry and under his Government, and to attend to doe him faithful Service: Samuell Terry Ingaging to Instruct him as he is Capable in the art of weaving and to Improve him for the most part as the season wil allow in that mistery or art that he may be as far as capable compleated in the art of weaving: When that is to say on the goth day of October 1693 and after said Ebenezer Scot shal be at Liberty to Improve his time wholy for him- self: and shal then be discharged from his fathers Service, his said father Samuell Terry Ingaging then to dismiss him with good and Sutable Cloathing in al respects as wel and better then he is now apparelled, that is to say with doble apparel in general and for most parts: To which agreement the Mother and uncle are consenting: as wel as father and son, who both doe hereunto Set their hands:
SAMUEL TERREY EBENEZER SCOT Before me JOHN PYNCHON [*219] July .10th 1693. William Randal against John Peirce.
William Randal plantiff against John Peirce of Enfeild in a Plea for a debt of . 15s due for what he had to pay in Stubbing of Land in Randals Lot next to that Edmond Bemont stubbed for him to the vallue of 25s: Summons returned and both partys appearing: the evedences being on File that Peirce was to doe the stubbing some- time since; which also John Peirce ownes: I find for the Plantiff a quarter of an acre of Land wel stubbed forthwith fit for Plowing in that Lot of Randals where Edmond Beamont Stubbed and next to that Beamont Stubbed or for want thereof fifteene shillings and Costs of Court. 1 summons .6d filing Papers 6d ) entry of action 3s
45 00 viz serving the summons 1. 08
attendance . 3 days or that part of .3. days 3. 00
Money 8. 08
Sept. 18. 1693. Robert Pease against Samuell Terry and John Mighil.
Robert Pease Senior of Enfeild Plantiff against Samuell Terry and John Mighil both of Enfeild in a Plea of Trespase upon said
335
PYNCHON COURT RECORD
Pease according to Summons by unjustly taking from him, Hay about .2. load, made by him the said Pease and standing on a span or peice of Meddow of his in Enfeild at a place called Brooke Med- dow, To his said Pease his dammage 4os as shal appeare:
Summons returned and both partys appearing The Pleas and Evedences in the case being read which are on File: I find for the Plantiff Robert Pease in case the Land be his on which the Hay was made and doe so appeare Then I find for the Plantiff .2. loads of Hay or 14s (that is to say .14s in Lew of the 2 loads of Hay in the woods at that Meddow) and Costs of Court: In Case the Land or Meddow on which Robert Pease made that Hay be Nathanel Horton by whose order the Hay was fetch away Then I find for the defendant Costs of Court
Summons o 6d) Filing Paprs 1 2 4s 8d
entry action 3
Sept. 25. 1693.
Mr. Peter Goulding of Hadley Plantiff against Thomas Seldon of Hadley according to Atachment returned and read (and the returne upon it read The defendant Thomas Seldon being .3. times called appeared not, and time being out viz it being past .2. of the clock: The Plantiff proceeded: when also at entring into the case said Selden appeared) in a plea of Trespass upon the case for that said Seldon in September last year under Colour of Law and Countenance of Authority by vertue of a writ shewed and caled a Replevin Tooke out of said Peter Golding Custody a swine taken damage faisant not regularly executing any writ and regardless of the Comands and direction of the Law: whereby that is by irregular taking away said swine, and not acting according to Law the Plantiff said Golding is damnified 40s.
Atachment returned and both partys appearing The Pleas and evedences in the case being read which are on file: I find for the plantiff .12. bushel and halfe of good [illegible] merchantable Indian Corne in Hadly or Twenty five shillings in corne: and Costs of Court viz as per Bil allowed 18s 8d.
Thomas Selden appeales from this Judgment to the next Inferior Court of Common Pleas for this County and hath given Bond to 4£ with Hezekia Dickenson his surty, there to prosecute his appeale to efect:
[The following September 26, 1693 entry in Hamp. Rec. Ct. Pleas 8 records the hearing of Selden's appeal by the Inferior Court of Com- mon Pleas for Hampshire.]
336
PYNCHON COURT RECORD
Thomas Seldin of Hadley, formerly Constable of Hadley Plantiff; per contra Mr. Peter Goulding of Hadley Defendant, In an action of appeal from John Pynchon Esq. one of the Justices of this County In a Plea tried before him on the 25th of this Instant September, when said Gould- ing was Plantiff, and said Seldin was Defendant In a Plea of trespass upon the case for that said Seldin In September; last under colour of law, and countenance of authority by virtue of a Writt shewed, and called a Replevin, took out of said Gouldings Custody a certain swine taken dammage feisant, not regularly executing said Writt, and regardless of the commands, and directions of law; whereby; that is by Irregular tak- ing away of said; and not acting according to law, The Plantiff said Goulding was damnified fourty shillings.
Thomas Selden Plantiff, and Mr. Peter Goulding Defendant, appeared In Court;
In the action of appeal depending between Thomas Selden of Hadley Plantiff, and Mr. Peter Goulding Defendant; It being committed to the Jury; They brought In their Verdict, that they find for the Plantiff the reversion of the former Judgement, and cost of Courts, as per bill on file allowed by Cort one pound fifteen shillings, and sixpence In money.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.