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 36
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[*220] Dec. 9th 1693. Mr. George Phillips against Jacob Adams.
Mr. George Philips (resident in Springfeild) Plantiff against Jacob Adams of Suffeild in action of Detinue for neglecting the pay- ment of 27s. or thereabouts according to Summons, returned and read, and writ upon that Adams was warned on the .2d of December Instant.
The Defendant Jacob Adam .3. times called, appeared not. The Plantiff who appeared: declared that being to take a Journy to Long Island, he should leave the further prosecution to John Pynchon Junior as his attourny desiring him to take out a warrant of contempt directed to the Constable or other official to bring the contemner as wel to answer the said action as said Contempt and so Issued the pres- ent process til a new warrant.
Presently after, the Defendant Jacob Adams appeared when the Plantiff was present, and so the Case proceeded:
The evedences in the Case presented: It appeares that Ten shill- ings of it was Isack Cakebreads Rate, and by Isack Cakebread Paid into Jacob Adams by William Allyn who personelly came and de- clares it, said Adams not disowning it but acknowledging he had it: Sixe shillings was Samuell Cross his Rate, which Adams ownes he had warrant to Levy as he had for others and as much as for any out Towneman, and that he Levyed it upon Cross his Land, but could not light of any man to Buy it: The eleven shillings of Adams his owne debt, He says it was comitted to Constable Mighil to Collect, and Constable John Mighil ordered him to pay it in to Goodman
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Haiden of Windsor for Mr. Philips: which care is taken to have it done and If not it properly belongs to Constable Mighils Rate: So that it is at least to be suspended for the Present and not medling with that 11s Goodman Adams presented the Rate Isaac Cakebreads 10s and Cross 6s is down so that I find for the Plantiff (the .10s and 6d) Sixteene shillings and Costs of court as per Bil allowed .9s 11d.
March .1st 1693/94. William Symonds etc.
William Symonds of Enfeild appeared etc. Plantiff against Zach- ariah Booth of Enfeild defendant in a Plea of debt to the value of .36. or 40s or thereabouts as shalbe made appeare according to Sum- mons returned by the Constable read, with this writ on it: This sum- mons was served on Zacheriah Booth and he warned to attend the same this 22th of February 1693/94. By me Isack Morgan Constable of Enfeild.
The defendant Zachariah Booth .3. times called appeared not: The Plantiff who appeared after Long time of stay desyred (accord- ing to Law) a warrant of Contempt against the Defendant, which I Granted and to answer the Plantiff action to Morrow or on Saturday morning:
March .2d 1693/4. William Symonds against Zachariah Booth.
William Symonds Plantiff as also Zachariah Booth appeared (the Defendant not being wel: Issued the Contempt) The Plantiff pro- ducing the agreement betweene them about keeping the feild which is ownd to be 8 weeks within .2. days comes to 2.18s whereof is Paid 1f 04s: so remains 1£ 145 as [*221] as per the Papers on File: I find for the Plantiff William Symonds one Pounds fourteene shillings in Indian Corne and Costs of Court as per Bil allowed 1f 6s 2d.
April 23d 1694. Richard Waite against Josiah Dewey.
Richard Waite Plantiff against Josiah Dewey Junior of Westfeild in a Plea of Debt to the value of 14s money with damages according to Summons returned; both partys appearing: The evedences in the case being on File besides Richard Waite presenting his Booke of Josiah Dewey Debtor .20s silver for goeing downe to Saybrooke with a Raft of Bords: where there is Credit .6s so that remains .14s. To which Booke and account the said Waite made oath.
I find for the Plantiff 14s Money and Costs of Court 7s as per Bil allowed.
May .14th 1694. Joseph Wiliston against Thomas Taylor.
Joseph Williston Plantiff contra Thomas Taylor of Suffeild de- fendant in an action of Debt of .29s in corne due to the Plantiff by
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assignment from Benjamin Crane which was originally due to Josias Phelps of Windsor according to Atachment: As also in a Plea of debt of 12s remaining on a debt of Nathanel Phelps assigned to said Wil- liston which was a greater sum for which Taylor Ingaged a Cart and wheeles and performed only the wheeles so that not making the Cart remains .12s: . 29s the first action.
Thomas Taylor being .3. times caled, The Atachment was re- turned and Read: Returne being that it was served on a Red Cow of Thomas Taylors now in the hands of Nathanel Hermon of Suffeild, who owned that the Cow was Thomas Taylors: which the Sherrifs deputy Left under Nathanel Harmons care til the Tryal: returne also being that Summons in writing for said Taylors appearance now, was left at the House of Mistress Younglove which was the Last abid- ing place of said Taylor and notice given of what was Attached: I Proceded upon Joseph Willistons presenting his Booke to which he made oath to .29s remaining due to him in corne:
The other 12s his Testymonys not coming I adjourned it to to Morrow or next Thursday May 17th 1694 In case they come then.
I find for the Plantiff 29s in corne and Costs of Court viz gs as per Bil allowed .4s 6d of it Joseph is to pay me and 2s to the execution, execution being accordingly Granted:
July .2d 1694.
John Sackcut of Westfeild Senior his Complaint against Benja- min Smith Junior on File with the Papers where (I waiving it what I might) see the Papers how far that I proceeded.
[*222] July .23. 1694. Thomas Abbee against Elisha Kibbee.
Thomas Abbee of Enfeild Plantiff against Elisha Kibbee of En- feild in a Plea of Debt (for Drink etc.) to the value of one Pounds nineteene shillings with damages etc: according to summons re- turned Both partys appearing The Pleas and Evedences in the Case were read which are on File: I find for the Plantiff Thomas Abbee: one Pounds Nineteene shillings (in pay the drink being reduced to pay) and Costs of Court as per Bil allowed .13s 6d.
Elisha Kibbee against Thomas Abbee.
Elisha Kibbee Plantiff against Thomas Abbee of Enfeild in a Plea of debt to the value of .4os or thereabouts as shall be made appeare Both partys appearing The Pleas and evedences in the case read, which are on File I find for the Plantiff Elisha Kibbee: . 1f 10s and Costs of Court: viz .gs as per Bil allowed: The defendant Abbee own- ing part of the acount to gos though says overprised:
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Aug. 6th 1694:
Elisha Kibbee Plantiff contra Isaac Morgan defendant in a Plea for unjust taking away Boards of his from the sawmil in Enfeild about one thousand Foote to forty shillings damages as shal appear according to Summons returned; Both partys appearing The Pleas and Evedences in the Case herd and read which are on File I find for the Plantiff .406. foote of Boards or Sixteene shillings in pay and Costs of Court as per Bil allowed viz: . 16s 4d.
Isaac Morgan appeals from this Judgment to the Court of Pleas at Springfeild in September next and Samuell Terry of Enfeild with himself said Isaac Morgan Ingages in 40s as per Bond given to prose- cute the appeale to efect.
[The following September 25, 1694 entry in Hamp. Rec. Ct. Pleas 23 records the hearing of Morgan's appeal by the Inferior Court of Common Pleas for Hampshire.]
Isaac Morgan of Enfeild Appellant Vs. Elisha Kibbey of said Enfeild Appellee from the Judgment of John Pynchon Esq. on the 6th of August Last Upon a plea for the appellants Unjust Taking away about one thou- sand of Boards from the Sawmill In Enfeild to forty Shillings as per the Judgment aforesaid which was that the original Plantiff Should Recover against the Defendant 406 foot of Boards or 16 In Pay and Costs as per the original Process appears Both Parties now appearing and the Case after a full Hearing was Comitted to the Jury who Being Sworne to try the Same Returned there verdict that they find for the Appellant a Re- version of the former Judgment and Cost of Courts; The Court therefore Consider that the former Judgment be and hereby is Reversed, and that the appellant Shall Recover against the appellee Cost of Courts allowed at Two Pound Seven Shillings.
Sept. 11th 1694:
James Lawton of Suffeild, complaining to me of a kettle taken from him last Saterday and yesterday Having warrant, to the Consta- ble to make Search for it: accordingly this day the Constable of Suf- feild Having made search, Brought before me John Kent of Suffeild, who says That he tooke the kettle in way of distress by vertue of his office being Clerke of the Band at Suffeild, and for a Fine of sixe shillings which the Captain taxed upon said Lawton to pay for de- fects in Training and ordered him said Clerk of the Band to Levy: which Fine he several times demanded of said Lawton, and twice goeing to his House finding none at Home went away and a 3d time on Saterday last goeing againe to his House for it, and finding a ket- tle within Dores and none at Home: Tooke the kettle away and
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presently afterwards went to the House againe and there met with Lawtons wife whom I told of it that I had taken the Kettle in order to the Fine and If her husband would goe to the Captain and pay the fine or agree with him He should have his kettle againe: But Lawton instead of coming to me, it seems went for a warrant, and brought the Constable to my House to serch for a kettle that he said was Stolen: I told him I had [*223] taken a kettle of Lawtons in way of distress for his Fine by the Captains order, but knew of none stolen: The Constable said to me I owning that I had the kettle of Lawtons: I must goe along with him: and so brought me before you: and the constable coming with him: says the same and That Kent owned, the taking the kettle for the Fine or in order to obtaine the Fine and noe otherwise:
James Lawton Insists upon it that the kettle was taken away un- knowne to him; and his wife present with him, says shee did not heare any thing of it: Though John Kent affirmes that he told her that he tooke the Kettle for her husbands fine and If her husband would but goe to the Captain and agree about it and sattisfie him He would let him have the Kettle againe and give them in his fee and al charges: and To the same Purpose the Testymonys on File speake etc.
Upon hearing the Case, I find the Kettle to be taken in way of dis- tress according to Law: and Justifiable in John Kent the clerke.
But Inasmuch as after the Taking it the Drummer William Pritchard hath given under his hand that he hath accepted of James Lawton for the 6s Fine I order upon Lawtons Paying the Cost and charges That John Kent shal restore the kettle to him againe:
The Charges and Constables attendance according to the Bil on File being .6s.
Sept. 17. 1694.
James Mun Plaintiff against Joseph Ashly Defendant, for that said Ashly Contrary to agreement (about Hay that said Mun was to Mow in Ashlys meddow to Halves) Tooke away the best or the Eng- lish Hay without deviding it, unjustly carrying away said Muns share of English Hay to a delivery of said Hay which is Muns part, to the value of 205:
I apointed men to veiw and Judge the Hay what each party had before I can give Judgment on the case viz. Jonathan Morgan and Joseph Williston, who are to bring in to me which difference they find in that share or part of the Hay which each of them had:
Joseph Ashly owning that he Mun Mowed the Meddow to Halves and was to have halfe only that said Ashly was to have the first Load yet that the devision was to be equal though he had the choise of the
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PYNCHON COURT RECORD
ist Load. But Mun says he Joseph Ashly had al the English Hay: wherefore the difference is now to be Judged:
The men apointed to veiw and Judge the Hay or difference brought in their determination under their hands this 20th of Sept. 1694 which is on File: whereuppon: Joseph Ashley being present and James Mun also: Theire Pleas and argueing herd etc. I Find for the Plaintiff James Mun Five shillings in good English Hay or in good pay answerable: and Costs of Court as per Bil allowed viz .5s Money.
[*224] Sept. 24th 1694: Zachary Booth against Thomas Hay- ward.
Zachary Both of Enfeild Plantiff contra Thomas Hayward of En- feild aforesaid Defendant in a Plea of unjust Impounding by said Hayward of a Mare and Colt and a .2. yeare old Colt of said Booth, (which said Booth hath Replevyed) to the value of forty shillings with due damages as shal be made appeare: according to summons returned and read.
The Plantiff .3. times called (and after that, Longe waiting) Hay- ward the defendant appearing and desyring his charges may be al- lowed. I Granted him accordingly as per his Bil of Costs viz Two shillings, on File with the summons etc:
The Plantiff presently after appeared before the defendant was gon, but the defendant having got his Cost Granted, would not stay but went away.
Afterward Both partys came, and agreed al past matters and I de- livered up that which had reference to the Replevin, viz Booths Bond by Thomas Haywards Consent and ordering it, into Capt. Meachems hands.
Nov. 24th 1694.
John Buck the Indian examened, (whom upon the complaint of James Warrinar senior this day; That he had stolen his Horse and several other things from others was according to warrant persued after by Joseph Williston, James Mun and William Warrinar who overtooke him at Chikkuppy House and brought him back with sev- eral things) which are as followeth besides the Horse of James War- rinars a Saddle and Bridle of Joseph Willistons a Halter of James Muns .3. yards of [illegible] Homemade linnen of Mary Perrys a lace neck Handchercheife and a Muslene neckcloth of John Harris his a kettle of Mr. Pynchon besides several fowles about 10 etc a Loafe of Bread etc and other provissions etc the al which were delivered to the several owners.
As also Mr. John Pynchon Junior charges him with a Horse he stole from him.
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PYNCHON COURT RECORD
Said Buck Examened saith That he tooke Goodman Warrinars Horse out of his yard last Night and Joseph Willistons Saddle and Bridle out of my Barne and having stored himselfe with provissions Intended to March off But being pursued came Back etc.
Question: Why did you come from New Yorke, where you were with a Master. Answer: I cannot tel why: what was your Masters Name: Answer: Thomas Milton: why did you leave him: I know not for I cannot fault him, But being come off: I tooke a Horse to goe further.
For his stealing and misdemeanors as abovesaid (tho none of- fered to prosecute him) and for that Hu en cry from Yorke was sent after him It now being Satturday Night, I Committed him to Prison til further order taken and delivered him to the sherifs Deputy to se- cure and put into the keepers hand according to Mittimus.
Joseph Williston undertooke to carry him to New Yorke to his Master To whom he was accordingly delivered:
[*225] Jan. 7th 1694/95.
Richard Waite Plantiff contra Timothy Moses Defendant both of Springfeild in a Plea of debt of five shillings in pay and .22d in Money due to said Waite with due damages according to Summons returned: Both partys appearing: the Pleas and evedences in the case heard and Read which are on File I find for the Plantiff five shillings in pay and Costs of Court:
Costs of Court as per Bil allowed is .6s 10d.
Timothy Moses appeales from this Judgment to the Court of Pleas at Northampton in March next: and Benjamin Sitton of Spring- feild with Timothy Moses himselfe Ingages in 20s a peice as per Bond given to prosecute the said appeale to efect:
Afterward: January the .14. 1694 [1695] Both partys came to me together and told me they had agreed: and desired to withdraw the appeale Praying me to deliver up the Bond for appeale: which Bond I accordingly delivered up and Timothy Moses Burnt it in Richard Waites presence and so Issued this matter.
Jan. 14th 1694 [1695].
Charls Ferrey Senior Plantiff Contra Samuell Bliss Senior both of Springfeild in a Plea of debt of about .24s for weaving For that having reckned with each other about .2. Months since said Ferrey accounted only for the weaving of .2. peices when as he had woven ·3. peices of cloth and forgot to account the middle peice: according to Summons returned. Both partys appearing the Pleas and evedences in the Case being herd and read, which are on File I find for the Plantiff in pay foure and Twenty shillings and Costs of Court.
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PYNCHON COURT RECORD
They agreed to beare their owne time and Costs, except 4.8d al- lowed which Samuell Bliss Ingage to pay to John Pynchon.
Feb. 25th 1694/5.
Mistress Mary Parsons of Springfeild Widdow Plantiff against Timothy Moses Defendant in a Plea of debt to the value of 4os with damages according to Summons returned: that said Timothy Moses was warned:
The defendant Timothy Moses .3. times caled and not appearing.
Timothy Moses also Plantiff against Mistress Mary Parsons de- fendant in a Plea of debt to the value of 4os with damages according to Summons returned and served. The Plantiff Timothy Moses .3 times caled and not appearing: the defendant appearing and de- manding charges or costs, and denying the oweing of any thing to Timothy Moses: I find for the Defendant .12d for attending.
Nov. 4th 1695.
Upon John Gun of Westfeild his Complaint of the Disorders of several young people at Westfeild in breaking downe Fences and lay- ing open Inclosures and according to Summons served and Returned: appeared John Roote: Samuell Roote son of Thomas Rote, Samuell Roote son of widdow Roote, Eleazur Welles, Joseph Pixley.
Al being severally examind evaded the matter and put al upon profe: and so were dismissed excepting Joseph Pixley who was al- together Mute the Rest desyred to know their accusers and se the Proofe against them and all said things as very suspitious of their being gilty, only Samuel Roote son of widdow Roote expresly said he was wholy Ignorant and did noe damage to any Fence:
I Dismissed them al, only with a more severe check to Joseph Pixley for being wholy mute and rendering himselfe thereby the more suspitious:
[*226] Dec. 2d 1695.
George Granger of Suffeild Plantiff contra James King of Suffeild defendant in a Plea of Trespass and Battery for abusing hiin the said George Granger by Striking and wounding him on Thiresday, No- vember 14. 1695 disenabling him for work to his damage at least 40S according to Summons which the Constable Served and returned. Both partys appearing according to Summons: The Pleas and eve- dences in the Case heard and read which are on File. I find for the Plantiff (who Pleads he hath lost a fortnights time and is stil dis- enabld and hath bene wounded the Care costing 10s so that I find 35s for the Plantiff Thirty five shillings in Corne pay [His Teame not
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PYNCHON COURT RECORD
being proved in al above 40s] [Marginal notation.] and Costs of Court money
viz the writ or Summons 2S
Summons for .6. witnesses
1
.6s
Entry of the action
3
Filing Papers 1
for .6. witnesses coming up 12
George Grangers time 2
Coming up for the warrant
Constable Serving it 2
22S
He accepted of Kings paying him for it and so I meddle not with it.
Dec. 23.1695.
John Sackut of Springfeild Plantiff Contra Benjamin Smith of Westfeild, defendant in a Plea of
They appeared and agreed.
Dec. 30th. 1695.
James Petty of Springfeild Plantiff contra Edward Kibbee of Enfeild according to Attachment in a Plea of Detinue for with hold- ing from said Petty a black steere of above a yeare old, to the vallue of 4os as shal appeare, with due Damages.
The Attachment returned and served on the said black steere and a mare of said Kibbees, as also that Summons was left at the House with Kibbees wife (he not being at Home) .
The Plantiff appearing and also the Defendant, Both partys apearing The Pleas and Evedences in the Case being read which are on File I find for the Plantiff The steere in Controversy to be his in time demanding him and damages Sixe shillings with Costs of Court as per Bil allowed is Thirteene shillings eight pence.
Afterwards both Plantiff and Defendant came to me and made an agreement between themselves abating the charges and Issueing the matter as to Costs so that noe execution is to goe out Kibbee de- livering the steere to Petty within .2. days.
Dec: 31.1695.
Fearenot King of Westfeild Plaintiff Contra Benjamin Smith of Westfeild weaver in a Plea of Detinue for that He said Benjamin Smith tooke away or detained certain yards of linnen Cloth from Fearenot King to his damage 40s with damage Summons returned and both partys appearing the Pleas and evedences in the case being
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PYNCHON COURT RECORD
read which are on File: It appeares and is owned that Smith weaved the cloth and detained it only for his pay and that 4. or .5 days and that he did at last deliver it and that Fearenot King hath the Cloth: and yet Benjamin Smith is not paid I find for the Defendant costs of Court. His attendanc 3. days 2s.
[*227] Feb. 14 1695/6.
Mr. James Mackman of Windsor making process against Josiah Marshfeild of Springfeild For 34s Money due to him from said Marsh- feild By Bil: which Bil with Josiah Marshfeilds hand and seale to it attested per Josiah Willys and Samuell Beamon, being presented and payable the 20th Sept. 1694: Josiah Marshfeild owned and acknowl- edged or Confessed Judgment to prevent further procedure in Law By Costs: This done and acknowledged by Josiah Marshfeild Feb. 14th 1695/6 Before me
JOHN PYNCHON Justice Peace.
So that upon non payment execution may goe out.
At same time a Bil of Like sum Payable to Mr Alexander Allyn of Windsor by said Josiah Marshfeild and witnessed as befor by the partys above named was also presented which Josiah Marshfeild owned and Confessed Judgment for 34s. Money due to Mr. Alexan- der Allyn This acknowledgd by Josiah Marshfeild as also 6s more in Mony due to said Allyn upon Book in al 40s Mony he Confeses Judgment against himself etc. Feb. 14. 1695/6.
Before me JOHN PYNCHON Justice Peace.
Mr. Alexander Allin being at Springfeild February 1698/9 said they were like to agree with Josiah Marshfeild and this 24 February 1698/9 sent me a note subscribed Alexander Allin and Elizabeth Mackmen under both their hands that they had agreed with Marsh- feild and both of them desired a vacant or voidness to be put upon the above.
Feb.24. 1695/6.
Thomas Abbee of Enfeild Plantiff contra William Randal of En- feild defendant executor to Mr. Edward Whittington deceased in a Plea on account of Debt to the value of .21s gd Due by Booke from said Mr. Edward Whittington whose Executor said Randal is and refuses or neglects to pay the same with al Due damages as shal be made appear: according to Summons returned: Both partys appear- ing accordingly: The Pleas and evedences in the Case heard and read which are on File: There appearing in Abbees Booke several partic- ulars for October 1694 or in Anno 1694 amounting to the sum of 1. 1. 3.
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PYNCHON COURT RECORD
And also in what William Randal presents viz a Paper for Schol- ing wherein Thomas Abbee hath Ingaged .20s to Mr. Whittington under his said Abbes hand for Keeping Schoole in the year 1694 viz from the 19th of March 1693/4: which Randal ownes that Mr. Whit- tington being taken of by the Towne with Space he wil abate 5s for it and so brings it to 155-0. 15. 0.
The Remains to Thomas Abbee is .6s gd.
So that I find for the Plaintiff .6 3d and Cost of Court.
Al things being frankly made appear If at al: I take Abbees de- mand and Randals account and grant and bring it to as above But at last refered and adjourned the Court to Thirsday next at one of the clock both partys having (as they say) further evedence.
Thirsday Feb. 27th 1695/6.
Plantiff and defendant appeared and their Pleas being heard and what further they had to present, Read and Considered which are on file I Find for the Plantiff Ten shillings eleven Pence and Costs of Court as per Bil allowed-16s. 2d (Suspending the 10s 4d for want of profe present of what is in the .2d. column of his acount) .
[*228] Feb. 27 1695/6.
Complaint being made against William Anthony for horible lying If not adding cursing etc. I sent a warrant to apprehend him and bring him before me to answer for the same.
And February 28. 1695/6.
William Anthony being apprehended and brought by the Con- stable and examened saith he remembers nothing about it and puts al upon profe: which is evedenced by the Testymonys of Jehojahdah Bartlet and Ephraim Bartlet which are on File whereuppon I sen- tence said William Anthony for his wittingly abusive reports (which he is Common in) and so wilfully speaking falls by (Timothy Moses being present and saying al is utterly false, and Anthony himselfe granting it: and owning noe provocation) That he the said William Anthony shal Forthwith Pay a Fine of sixe shillings downe in Money and pay the charges or else be whipt with Ten lashes by the constable and If he doe not depart the Place within .2. days Then to be com- mitted by the constable til he find surtys in five Pound Bond for his good Behaviour.
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