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 37
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1S the writ
1S to the Constable and
1 for a man to watch over him.
3S [Marginal notation.]
347
PYNCHON COURT RECORD
Feb.27. 1695/6.
Mathew Noble of Westfeild Being Summoned to appeare this day to answer John Gun of Westfeild in a Plea of Trespass for Felling and Taking away Pine Trees of said Guns Ground Granted him by the Towne for turpentine to said Guns damage 40S.
John Gun absenting: The Defendant Mathew Noble demands his Costs and charges which by Reson of the constabls not returning the Summons: Three men (as on file) [which is on File viz Thomas Myryk, John Myryck, Adiya Dewey oaths (Marginal notation.) ] made oath to the Constable Deputy John Sackcuts serving the sum- mons: Read it and required Nobles appearing accordingly: Wher- uppon I Grant the Defendant Mathew Noble his Costs viz 2s and a witness to himselfe that was summoned viz .2s Deacon Nathanel Dolbee appearing. For the plantiff to pay: unless he should make appeare that the defect is in the constable for not returning the sum- mons and then said Noble is to pay it.
[*229] Dec: 1st 1696.
Mr. Nicholaus Aurault of Springfeild Plantiff against William Holmes Taylor (late Resident in Springfeild at the House of Hez- ekiah Dickenson) according to attachment (returned and served on a coate partly made) to the value of Three Pounds, for a debt due to said Nicholaus Aurault by Booke to the value of one Pound eleven shillings sixpence. William Holmes being Three times Caled. The Atachment was read which is on File and return being that it was served upon a certaine Broadcloth Cote of William Holmes (which cloth he had of Doctor Nicholaus Aurault) the coate in part made and one dozen and 8 Buttons, al apprised at .33s 8d and said Holmes Having notice of it according to Law by a Summons left at his place of aboad viz at the House of Hezekiah Dickenson in Springfeild where Holmes kept: said Summons being produced and sworne to: I proceded upon Doctor Auraults presenting his acount taken out of his booke produced; and sworne to the truth of it, and that it was a Just debt amounting to one Pound eleven shillings six pence, which account Compared with the Booke is on File: wherfore I Find ac- cordingly for the Plantiff one Pound eleven shillings and Sixpence and Costs of Court as per Bil allowed, Seven shillings Sixpence.
JOHN PYNCHON
Execution Granted out the same day, and returned Dec .2d 1696: That he, Samuell Stebbin Constable of Springfeild had served it on a broad cloth cote and 20 Buttons Prised at . 33s 8d and noe more de- livered it accordingly to Nicholaus Ayrault and that noe more estate can be found nor the Body of said Holmes to sattisfie Costs.
348
PYNCHON COURT RECORD
Dec: 8th 1696.
Mr. Nicholas Ayrault of Springfeild Doctor, Plantiff against Thomas Roote of Northampton Senior according to attachment (re- turned by the Sheriff (that he had served it the .28th day of Novem- ber 1696. upon a Cow in said Rootes yard which his wife said was his) to the value of (nere) Three Pounds and left Summons at the said Rootes house with his wife for his appearence accordingly this .8th of December at .9. of the Clock before noone, To answer Mr. Nicholas Ayrault of Springfeild in a Plea concerning Money long due to said Ayrault By Booke to the value of .29. or Thirty Shillings: etc. Thomas Roote being .3. times Caled The Attachment was read which is on File and said Rootes Having notice of it according to Law by Summons left with his wife as the Sherif his return attests: I proceeded upon Doctor Ayraults presenting his account taken out of his Booke said Booke being produced and Sworne to its being a true and Just debt amounting to the Sum of one Pound Nine shillings which account compared with the Booke is on File: wherefore I find accordingly for the Plaintiff one Pounds Nine shillings to be paid in Porke or otherwise to his Content and Costs of Court as per Bil allowed Eight shillings:
[*230] Jan. 28th 1696/7.
David Froe of Suffeild Plantiff contra James King of Suffeild De- fendant (according to Summons returned served) in a Plea concern- ing 1os Money due to the Plantiff for Horse Hire to the value of Forty shillings damage as shalbe made appeare. The Plantiff appear- ing (The defendant James King .3. times Caled and not answering or appearing) upon the Plantiff urging to my proceeding: I De- clared that James King the defendant had bene with me on the .26th day of this Instant January, and acknowledged a Judgment against himself, Confessing Ten shillings Money due from him to the Plan- tiff David Froe, which he said King said he would pay him: There- fore I said it would ease the charges in part, But giving in his Bil of Costs Just then James King the Plantiff [sic] came in and so I pro- ceeded: The Defendant now in Court owning the oweing him Ten shillings money: which he paid downe to him in Court:
So there is only the Bil of Costs to be allowed, which being given in and is on File amounts to .9s 8d allowed as per Bil on File: and said King paid downe the Money viz the .9.8d costs to Froe.
April: 5: 1697. 10s Fine to the King:
William Peirce of Suffeild being brought before his Majesties Justices of the Peace Colonel John Pynchon, Esq. and John Holyoke
349
PYNCHON COURT RECORD
and accused for that he did on the fourth day of this Instant April: Travel from Suffeild to Pequanicke (being the Lords Day) and there did enter the house of Nathanell Owen of said Pequanicke and did felloniously take away of said Owens goods viz porke Beife butter a bar of Lead and a pair of Ocurn Breetches also some powder, did Confess his theft and hath restored the said Goods to the owner: and said Owen not prosecuting said Peirce: yet It being needful to bear witness against such Crimes viz. such Robbery committed on the Lord day the said Justices do adjudg that said Peirce be whipt on the naked body with Eight stripes four as a punishment for his profaning the Sabbath day and four stripes for his said theft [*231] and that the Constable that brought him before the Justices do take said Peirce under his own custody to Suffeild, and so keep him til the said Punishment of Whiping be performed as aforesaid by said Con- stable also that said Peirce do pay al charges occasioned by the fore- said Crimes comitted by him: Saveing unless the said Peirce do pay as a Fine unto the said Constable viz Victory Sikes: fifteen shillings before he puts him said Peirce from his Custody, five shillings where- of he said Constable is to deliver to the Suffeild Town Treasurer for the use of their poor, and the other Ten shillings he is to deliver to said Justices.
Received the 1os of Victory Sikes the Constable April 10th. 1697. which Mr. Holyoke and I shared as part of our dues for the Sessions service.
April .12th 1697.
Luke Hitchcock of Springfeild Senior, Plantiff against John Trumbel of Suffeild Senior defendant (according to attachment re- turned served on a coverlid Rug, and warming Pan of said Trum- bels) notice and warning thereof being left at said Trumbels House In a Plea concerning Twelve shillings Money due to the Plantiff Luke Hitchcock for .2. pair of shooes To the value of 24s damages as it shal appeare etc. The Plantiff appearing, The defendant John Trumbel .3. times Caled and not answering or appearing I ad- journed to .2. aclock in the afternoone: when Victory Sikes in Trum- bels behalfe appeared and tooke up the matter with Luke Hitchcok which Luke sent to me under his hand: and so Issued this case Vic- tory Sikes paying is for the Atachment.
April 20th 1697.
Benjamin Dibble Summoned to appeare this day and Summons returned served and he warned on April 12th 1697. Said Dibbel not appearing to answer Samuel Howard (according as on File the sum- mons appears:) I issued out a warrant of Contempt for taking his
350
PYNCHON COURT RECORD
Body and bringing him before me the 22th of this April at 10 of the clock as wel to answer Samuell Howards Plea as for this Contempt.
April.22. 1697.
Benjamin Dibble appearing (the Constable of Suffeild according to warrant of Contempt Bringing him and returning said warrant which is File) , Says as to the matter of Contempt that he really mis- tooke the day Intended to come, and so the Constable says that when he tooke him he at first word said he was summoned for Thirsday he tooke it not on Tuesday But Thisday: and would have appeared This Thirsday wherefore as to the matter of Contempt I se cause to Pass it over: as to his answering Samuell Howard Plea he is ready and it proceeds as follows over the leafe.
[*232] April 22th 1697.
Samuell Howard of Hartford (appearing by his attourney Hez- ekiah Dickenson) Plantiff against Benjamin Dibbel of Suffeild De- fendant: The Defendant desiring to agree which Hezekiah Dickenson accepted He withdrew his Plea: and Victory Sikes and Richard Aus- tin giving Bil to pay Hezekiah Dickenson 25s Money by the 22 of July next who were secured By Benjamin Dibbel Mortgaging .1. acre of Land to said amount.
Henry Rogers of Springfeild making Complaint That certaine Baggs left in his custody by John Noble of Westfeild, and under his care were taken away by James Petty, Contrary to his the said Rogers his mind and in opposition to his said Rogers his son John who for- bid James Petty his taking them away whereupon said Petty struck said son of Henry Rogers which also said Rogers Complaines of: upon which said Petty was Summoned to answer for his Misdemean- ors This 20th of April 1697. as per Summons returnd and the Con- stable finding of the Baggs: which he was ordered upon finding them to deliver them to said Rogers and accordingly had done it: only That upon David Morgans Ingaging (because the Bags were ful and it would be Inconvenient to empty them in the open Boate) I per- mitted their going down with them on David Morgans Ingaging: That James Petty should appeare and answer al before me when Caled and appointed: which hath bene deferred til now this 10th of May 1697: [Henry Rogers coming to me May .8. 1697 That I would apoint a time which I did to be this 10 May 1697 the case being re- ferred thereunto] [Marginal notation.] when They not having agreed matters, I proceed as followeth:
May .10th 1697.
David Morgan as Ingaging for James Petty appearing and James Petty also present and answering: Likewise Henry Rogers present as
351
PYNCHON COURT RECORD
Complainant against James Petty saith the Bags were disorderly taken away out of his Custody by James Petty and that James Petty struck his son John Rogers: etc. the summons returned which is on File.
The Bags were disorderly and violently taken away as per Testy- monys on File, yet Inasmuch as it also appears that David Morgan had an allowance and hath Compounded with John Noble it abates the Injury so that I find or allow Henry Rogers his charges and Costs in this, and as to the other part of his Complaint against James Petty for striking his son which also is evidenced by the Testymonys of said John Rogers and John Miller which are on File I adjudge said James Petty To pay him said Rogers five shillings and also a Fine to the King of . 3s 4d and Costs as per Bil alowed Henry Rogers 6s 8d.
35 4d Fine to the King (not had) . [Marginal notation.]
[*233] May 11th 1697.
Mr. William Gibbons (late of Hartford now) of Boston Mer- chant, Plantiff contra Thomas Moorley of Westfeild according to attachment returned served on some land etc. To the value of .2£ 2s 6d for answering of a debt due on account as per Booke to the value of one Pound one shilling and 3d.
The Plantiff appearing, also the Defendant Thomas Moorely, who acknowledges a Judgment against himselfe Confessing one Pound one shillings and Three pence due from him to Mr. William Gibbons aforesaid, in eight bushels and halfe of Indian Corne at Hartford So there is only the Bil of Costs allowed which is the Atachment and Summons .2s. serving it .1s 4d and the acknowldges Judgment .is which Mr Gibbons paid for him alis 4s 4d added and allowed.
JOHN PYNCHON
Memorandum Execution granted October 22. 1698 [Marginal notation. ]
May 19th 1697. Thomas Mighil .6s. Fine: to the King.
Thomas Mighil of Suffeild being Summoned before me to answer his Breach of the Peace, in striking of Robert Old of Suffeild, beat- ing and wounding him Sometime in February last which they have Compounded as to the Damage to Robert Old But it being a great Breach of the Peace: which said Thomas Mighil now appearing ac- cording to Summons and owning the Same Falling under it, Saying he was in a Pashon and thereby disordered so that he struck and wounded Robert Old which he is very sorry for as he says, and wil be more careful and orderly for time to come: acknowledging it, with- out putting any thing of it upon profe I se noe cause to Bind him
352
PYNCHON COURT RECORD
over to the Sessions: only Fine him to the King Sixe shillings Money: and dismiss him he being Penitent and very Ingenious also Ingaging watchfulness and good cariage for future: But he is to pay the charges summons serving it and attendance al being about .4s.
July . 1st 1697.
Thomas Huxley of Suffeild Plantiff against Edward Scot formerly of Suffeild now of New Haven: said Huxley declaring the defendant Edward Scot was absent I deferred Hearing the Case to the beginning of next weeke: If said Edward Scot might come by the .5th of July:
July .5th 1697.
Thomas Huxley of Suffeild (againe appearing as) Plantiff contra Edward Scot defendant according to attachment returned served, and prosecuting his Plea of Debt due by Booke to the value of Thirty nine shillings due to said Huxly: Edward Scot the defendant being .3. times Caled: The Atachment was read, and the return by the Constable of Suffeild being That it was served on the goods of Ed- ward Scot viz Two chests and that within them and on an Iron Kettle and little wheele (now in the Constable of Suffeilds hands viz Quin- ton Stockwel Huxley declaring that he had Indeavored to send word of it and given notice to Edward Scot: I proceeded upon Thomas Huxly his presenting his account out of his Booke of accounts. To which said Thomas Huxly made oath that it was a True account and a true and Just debt ever since 1692 never having Received one Penny of it I find for the Plantiff Thomas Huxly .39s and Costs of Court as per Bil allowed .7s 6d.
Execution issued out same day for 2.6.6d and 2s the execution.
[*234] July .29th 1697.
Mr. Nathanel Bissal of Windsor Plantiff contra Benjamin Dibbel defendant, according to Summons returned served (which was read and is on File) in a Plea concerning dues to said Bissal by Booke to the Sum of one Pound Thirteene shillings .6d with due damages:
The Plantiff Nathanel Bissal appearing by his Attourney Hez- ekiah Dickenson.
The defendant Benjamin Dibbel .3. times caled not answering nor appearing upon the Plantiff urging because the Summons was duely served and so returned by the officer) That I would Issue out a warrant of Contempt (I could not deny it, But) deferred the same til another time If it be come for within a weeke or 10 days and so at present only tooke the account out of Bissals Booke which is on File Sworne unto per Bissal and to his Booke presented.
353
PYNCHON COURT RECORD
Oct. 28. 1697.
Michael Towsely of Suffeild Summoned to appeare before me this day to answer Benoni Banes of Suffeild his Plea about a mare valued at 39s Money Summons as also Atachment being returned served by the Constable of Suffeild under his hand: said Towsley not ap- pearing being .3. times Caled: I Issued out a warrant of Contempt to the Constable of Suffeild for his Taking said Towslys Body and bringing him before me on the .8th of November ensueing at 10 of the clock in the Forenoone as wel to answer Benoni's Plea as for his said Towslys contempt in not appearing.
Memorandum: John Pynchon Register for Deeds etc. Sworne:
Mr. John Pynchon the .gd: Clerk of the Inferiour Court of Pleas in Hampshire Being allowed and appointed to be the Register of Deeds, Conveyances Morgages etc. within the same County: and or- dered to take his oath before one or .2. of the Justices of said Court:
Dec. 28. 1697:
Said John Pynchon appearing Before Two of the Justices of said Court of Pleas viz Capt. Samuell Partrigg and Col. John Pynchon we administered the oath to him accordingly: wel truly and faithfully to Record and Register al Instruments proper to his office as Law Injoynes etc.
[*235A] Nov. 22th 1697.
Joseph Williston of Springfeild Plantiff contra John Kilum of Springfeild (according to Summons and Atachment returned served) in a Plea concerning the delivery of .2. yerling steeres Ingaged to be Joseph Willistons on the Middle of May 1697 In case Kilum did not pay .24s in Money or Tar at Money Price: The Plantiff appearing (the Defendant John Kilum .3. times caled not answering nor ap- pearing) upon the Plantiff urging to proceed I find (the Plantiff producing the agreement which is on File) due said John Kilum: .24s to be paid the Plaintiff Joseph Williston in Money or Tar at Money price and in want thereof the .2. yerling steeres to be delivered to Joseph Wiliston within a weekes time in Case the Money 24s be not paid before that time and Costs of Court as per Bil allowed is Sixe shillings 6d.
They after agreed. [Marginal notation.]
March .21th 1697/8.
Hezekia Dickenson of Springfeild Plantiff contra Abraham Tem- ple of Springfeild according to attachment and summons served and returned In a .3. fold Plea upon a Doble Writ the first writ contein- ing .2. actions.
354
PYNCHON COURT RECORD
.ist upon attachment to the value of fifty shillings To answer Hezekia Dickenson in a Plea concerning Dues to him for goods of John Nobles of Westfeild Delivered to Abraham Temple to the value of .24s as shal appeare etc: The Plantiff appearing and also the De- fendant Abraham Temple appearing as also John Noble of Westfeild appearing and declaring that Hezekia Dickenson was his factor and Insisting upon the Debt due to him and He said Noble as also Heze- kia Dickenson presenting their Booke of accounts wherein goods were delivered to Abraham Temple and part by Noble himselfe and part by Hezekia Dickenson and wife to the value of .23s 8d as in the Booke appeares, and sworne unto per Hezekia Dickenson and his wife who made oath that she delivered the ist and last particular in the account and John Noble that he delivered the middle particular al amounting to 23s 8d. I find for the Plaintiff as due to John Noble one Pounds Three shillings and eight pence and Costs of Court as per Bil allowed 6s 6d. Abraham Temple appealed from said Judg- ment and gave Bond:
Temple ownes the . ist and last particular but evades the Middle particular because he says Dickenson delivered them not and so he would not Answer to him. [Marginal notation.]
[The following September 6, 1698 entry in Hamp. Rec. Ct. Pleas 63 records the hearing of Temple's appeal by the Inferior Court of Common Pleas for Hampshire.]
Abraham Temple late of Springfeild Appellant Vs. John Noble Ap- pellee From the Judgment Given against Him by John Pynchon Esq. on the 21st of March 1698. Upon an Action brought before the said Pynchon as per the original writt Dated March 7th 1698 etc appears on file.
Both Parties Now appeared And the Case after a full Hearing was Comitted to the Jury who Returned there Verdict that they find a Rever- sion of the Judgment and Cost of Courts Therefore it is Considered by the Court that the Said be and is Hereby Reversed and that the Said Temple Recover Costs against Said Noble Taxed at one pound Nine- teen Shillings and four Pence.
2.ly For said Abraham Temple his Ingaging to cut Three load of wood and deliver to Hezekia Dickenson which said Temple neg- lects to performe: Temple owning the .3. load of wood and saying it is cut and ready in the wood: and that he gave Hezekiah Dickenson notice of it: I find the .3. load of wood to be delivered to Hezekia Dickenson by to Morrow night and Dickenson to receive it (the said loads) and Then Temple to be discharged: otherwise to make good .3 load of wood and Costs of Court.
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PYNCHON COURT RECORD
[235B] 3dly Hezekia Dickenson Plantiff against Abraham Tem- ple in a Plea of Defamation according to particular Summons Re- turned Served for his said Temple his Reproching said Dickenson by Saying writing or in a Libellous manner declaring or Publishing That Hezekia Dickenson was a Theife a lyar and whore Master as folks say, To his said Hezekiah Dickensons damage to the value of 4os as shal appeare.
I adjourne the Court to, to Morrow .12 o clock or halfe an houre after, when al partys are to appeare it being said (Barber who is an evedence is not wel) As also what concernes the King and are against his Laws according to particular Summons Then to be herd and Temple I accordingly warned ordered and Ingaged him then to ap- peare to answer to what shal then be objected against him on his Majesties behalfe.
March 22. 1697/8. Hezekia Dickenson Plantiff against Abra- ham Temple.
The Plantiff Hezekia Dickenson and the Defendant Abraham Temple appearing The Summons Read etc. The Pleas and evedences in the Case heard and read, which are on File: The defendant says to al, That he is charged with that which he is not guilty of: Yet I find to much Idle base and reprochful writing speeches and carriage by Abraham Temple in Publishing or spreading that which Tends to the defamation of the Plantiff But yet the damage to the Plantiff not being demonstrated what it is and supposing none beleeve any of the reports Concerning him. I therefore leave that matter at pres- ent, and Hezekia Dickenson to further process as he shal se cause, as also Temple to his owne way thereabo[ut] for the Future: Each of them now to beare their own charges in the action unless further process be [illegible].
And so Proceed to the other matter which Temple was [par]ticu- larly Summoned and ordered to answer unto (Namely for his of- fences or misdemeanors in the particulars aforementioned) that is To answer to the King for saying writing or in a libellous manner spreading or instigating Il reports to his disquieting the Peace of his Majesties subjects which al ought to maintaine.
Temple for Libelling and Criminous Reports Bound to the next Sessions.
Abraham Temple called and appearing I examened him Con- cerning his Making Publishing Divulging or spreading or promoting of Defamatory Libellous writing or speeches or his unlawful casting abroad Criminous reports: Read the Papers and demonstrations thereof (which are on File) Requiring him to make answer to what
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PYNCHON COURT RECORD
Read and declared before him He said He is not Gilty of what he is charged with and Putting matters upon further profe, I told him John Barber would be an evedence but was not wel to come now, wherefore I ordered him to find Suretys for his good behaviour, and answering for al, and what further misdemeanors thereabouts should on his Majesties [*236A] Majesties behalfe be objected against him, at the next General Sessions of the Peace for this County of Hamp- shire whether al the Papers shal be Transmitted, and Barbers and other Testimony also: said Temple with Suretys Gave Bond accord- ingly, which is on File to be Transmitted to the next Sessions.
I likewise ordered Hezekia Dickenson to become Bound then to prosecute (said Temple) on his Majesties behalfe.
March .28. 1698. Present John Pynchon and John Holyoke Es- quires .2. of his Majesties Justices of Peace.
Westwood Cooke of Hadly Having on March 10th 1697/8 made his Complaint to John Pynchon of Samuell Partrig of Hadly his Making or Publishing False reports tending to defamation of some persons; particularly That Samuell Partrig of Hadly should say That Westwood Cooke had given False evedence which was Sworne before Capt. Cooke in February last in the case about said Partrigs Servant Girl: etc. I (John Pynchon) Thereupon (at Westwood Cooks de- sire) sent my writ to the Sherif To Cause said Samuell Partrig Forth- with to appeare at my House in Springfeild or on the Munday fol- lowing to answer to such matters of Misdemeanor as on his Majesties behalf shalbe objected against him: said writ Read etc.
March 28. 1698.
The Sherif Returns the writ and Says the providence of God hin- dered it at the Time and So sends him now to Springfeild.
Accordingly March .28. 1698. Samuel Partrig of Hadly appear- ing to answer to the writ as above which was read. Westwood Cooke also appearing they producing Papers in the Case and Testimonys which are on File.
Samuell Partrig saith That he was charged Falsly to have Struck the Girl and said he never struck her on the Head and that was False. this is that which he spake to that the evedence was false and doth not now owne, but denys that he struck the Girle as Westwood Cooke swears on the Head. However tho was but one evedence of it neither as he says:
Having Herd al that was alledged, read and considered al the Pa- pers which are on file We Find very unmeete and Rash words in par- ticular Samuell Partrig saying [*236B] of one of his Majesties Sub- jects that he had given a Testymony utterly false and noe truth in it
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