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 38
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PYNCHON COURT RECORD
as is testified against Samuell Partrig That he said it not only at that time but Somtime after the Hearing the Case before Capt. Cooke: which Reports tend to defame and abuse his Majesties people and occasion disturbance disquiet and unpeacableness contrary to his Majesties good Laws Wherefore we Fine him said Samuell Partrig to the King Ten Shillings and to beare and pay the charges of prose- cuting against him: said Samuell Partrig upon Reading and declar- ing the Sentence above: Appeales from said Sentence unto the next Court of General Sessions of the Peace to be Held within said County and gave Bond according to Law.
14s. allowed as per Bil [Marginal notation.]
But afterward withdrew his appeale: standing to the (above) sen- tence: and so his Bond is void and al further prosecution ceases.
July .12th 1698.
Luke Hitchock of Springfeild Senior Cordwainer Plantiff against Joseph Wolcot late of Brookefeild Defendant according to attach- ment returned served (and Summons left at his said Woolcots Place of usual or last aboad there) on the 24th of June 1698, upon about .30. acres of Land of said Woolcots lying or being at the Place or Towne Caled Brookfeild when was present at the serving of it Ben- jamin Smith of Westfeild and John Gillet The summons left at Henry Gilberts Garrison for Giving Wolcot notice of it for his ap- pearence accordingly this 12th day of July 1698 at .9. of the clock in the Forenoon:
Luke Hitchcock aforesaid appearing Atachment Read (which is on File) Joseph Woolcot .3. times caled and not answering or appear- ing waiting til .10. a clock, and past, I proceeded upon Luke Hitch- cocks presenting his Booke of account wherein said Woolcot is Debtor .2. 8. 3. and hath Credit .1.10.1. To which account and Booke said Luke Hitchcock made oath which is on File so that I find accord- ingly for the Plantiff .18s and Costs of Court as per Bil allowed 12s 8d.
John Pynchon is .5s 8d. [Marginal notation.]
[*237] Aug. 12th 1698.
Joseph Williston of Springfeild Plantiff contra Mr. Pelatiah Glover of Springfeild defendant They withdrew and agreed:
Aug. 22th 1698. John Miller late Constable for not collecting the Towne Rates:
Presentment of the Selectmen Jonathan Burt and Ensign Joseph Stebbins, Samuel Bliss Senior, James Warriner.
Upon Complaint of the late Selectmen of Springfeild in the year
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PYNCHON COURT RECORD
1697 and of the Towne Treasurer or Receiver for the Towne Rates in 1697 Ensign Joseph Stebbins:
That John Miller late Constable of Springfield in the yeare 1697 neglected and neglects to Collect the last yeares Towne Rates Com- mitted to him for which Neglect according to Law he forfeits .20S per Month: said John Miller being convented before me and appear- ing: puts it upon profe of his neglect: whereupon The Selectmen present-Deacon Jonathan Burt etc. presented the Towne Booke or Selectmens booke of accounts wherein is writ Feb. . 23d 1697/8 de- livered to John Miller Constable to gather in the sum of .12£ 01s 1od it being unpaid part of the Rate for to pay the Schole Master and representative To which said Jonathan Burt, Samuel Bliss made oath this 22 August 1698 Before me John Pynchon also they affirm they gave out Warrants for collecting it Hence it being evident That said John Miller late Constable hath neglected gathering in or clear- ing accounts of the Rates not only the first .3. months after his yeare expired, but hath neglected after that now more than .2. Months since and the law being Plaine that he is lyable to forfeite 20s per Month for every month afterward: His being very evidently lyable there I Doe find said John Miller Gilty of the breach of said Law or Forfeiture viz 20s per Month for .2. Months since sometime in June last, which is to say That John Miller is to pay in 4os accordingly: forthwith to the Selectmen or Towne Treasurer for the use of the Pore of the said Town of Springfeild and in case of said Miller's de- fault or neglect of paying in said 4os it is to be Levyed by distress upon his goods and chattels.
John Miller appealed from said Sentence unto the next Sessions of the Peace to be held at Northampton and Gave Bond accordingly as is on File: [Se also over the leafe John Millers discharge (Marginal notation.) ] Se over the leafe forward John Miller withdrawing his appeale.
Aug. 23. 1698.
John Ferry late constable of Springfeild in the yeare 1697 sum- moned together with the Selectmen appearing viz Decon Burt, Sam- uel Bliss, James Warriner, Towne Treasurer or Receiver Ensign Jo- seph Stebbins who complained against him that he said John Ferrey hath not collected or Issued his accounts of the last yeares Towne Rates Committed to him by said Selectmen and hath neglected it more than .2. Months besides the first .3. Months next after his year expired whereby he is by Required by Law to pay and forfeit 20s per Month for each Months neglect afterwards said Ferry appearing and answering saith That he denys it that he hath neglected: putting it to him whether he had Issued accounts about said Rates he said noe:
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PYNCHON COURT RECORD
and said he doth not owne yet that he had a Rate either from the Treasurer or Receiver, or from the Selectmen and [*238] and they must make that appeare: upon which Deacon Burt said we affirm we delivered him the Rate and produced the Towne Booke etc. as in John Miller his answer on the former side wherin it was entered that they deliver him the Schole Masters Rate the 23 February 1697/8 with other accounts and Rates shewn then also as in Said Booke: and Decon Burt made oath both concerning the account in the Booke and to his or some of their delivering him the Rate that very day:
Sworn accordingly before JOHN PYNCHON
Joseph Stebbins further Testified that he saw the Rate several times in Constable John Ferrys hands with some of the Selectmens Names and hands to it, and that he said Ferry accounted with him said Stebbins concerning said sums therein and said Ferry gave him out of it ( which I here show) several mens proportions and sums therein who were behind in it.
Sworne to before JOHN PYNCHON
The Select men Moreover say That they Gave the Constables John Miller and Joseph Ferry to each of them Two warrants one at the first when they gave them the Rates: with the Rates in February they gave them warrants John Miller His warrant He readyly tooke it But John Ferry would not take it so that we argued with him aboute neglecting Authority yet he would not take it from our hands, whereupon laying it on the Table he had it afterward as we can prove and he said himself afterward when we asked him to se it be- cause we were Informed it was not sufficient and we would mend it and make it sufficient he then said If that be it you shant se it: nor would he let us have it. However we gave him another warrant which 2d warrant for the same Rates was dated and delivered March 3d 1697/98 as is in the Town Booke presented: which The said Lt. Hitchcock saw and Read per said Ferrys shewing it him (as also James Stevenson knows it) By al which it most evidently appeares (besides his taking in many Rates and crossing them) That said Jo- seph Ferry had the Rates and that he hath neglected to collect or Is- sue accounts about them for more than .2. Months since the begin- ning or end of June last, wherby he hath forfeited .4os per the Law and Doe accordingly Sentence him said Joseph Ferry .40s to be paid the Selectmen or Treasurer to the pore of the Towne of Springfeild and costs of Court.
Said John Ferry appeals from said Judgment to the Court of Ses- sions in Northampton next, and gave Bond accordingly which is on File.
With drawne and al fals.
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PYNCHON COURT RECORD
[*239] John Miller came to me Aug. . 29th 1698, and proposed That he might withdraw or let his appeale Fall, which is on the leafe back August 22. 1698: Inquiring whether it might not be: and he discharged of the Forfeiture which I sentenced him to pay to the Se- lectmen or Town Treasurer for the pore of the Town for not gath- ering in the Town Rates. I told him that the end of it that is of de- claring that Forfeiture of 40s. was because of his neglect, and in Case he would Redeeme time and get in the Rates If he brought the Towne Treasurer or Receiver Ensign Joseph Stebbins to certifie that he had paid in the Rates or collected them to sattisfaction: I then thought that I might discharge him of the Forfeiture, and would be- cause it was yet with me, So that the .4os declared forfeited Should be Nul and made void upon his withdrawing his appeale and perform- ing the Collecting of said Rates committed to him and clearing his ac- counts about them with the Towne Treasurer or Receiver Ensign Joseph Stebbins: Upon my Receiving sattisfaction concerning it by Ensign Joseph Stebbins then his and his suretys Bond for prosecut- ing of his appeale at next Sessions should be delivered up: and the Selectmen Have notice of it That they might not appeare against him on the account at said Sessions:
Ensigne Stebbins came to me this .gd of Sept. 1698 and says That John Miller hath got in the Rates: speakes Pluraly saying They the Constables have got in the Rates that is have taken things and got security excepting of one or .2. of Suffeild or Enfeild which they wil also Looke after and get in, says That al wilbe discharged and fyn- ished next Munday or very soone: and would not have matters pro- ceed to the Sessions.
So I gave him up Millers Bond and have discharged him for ap- pearance Says they have made distress upon al within their precincts and Miller told him he would apprize what distreined and make sale on Munday and pay the Rates delivering the over pluss to the owners.
John Ferrey also came to me this .3d Sept. 1698 (Ensign Joseph Stebbins present) and before Ensign Stebbins Ingaged to Issue al ac- counts about the Rates in Question and to pay in and Cleare al (of al persons within his precincts that is of the Towne) either on Munday or Tuesday or by this day Senight: to Issue al accounts and cleare al: upon which at his desire and his withdrawing his appeale: I doe dis- pence with his forfeiture and declare it Nul he performing as before Ingaged and doe deliver up his Bond to him: and set him at liberty from appearing at the Sessions.
He is to cleare al with the said Ensign Stebbins that are of the Towne and to doe his utmost to get in the due from al persons out of Towne and pay the same in to the Treasurer.
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PYNCHON COURT RECORD
[*240] Feb. 8th 1698/9.
John Stedman of Wethersfeild appearing as attourney and in be- halfe of Mr. Gershom Bulkley of Wethersfeild Phisitian: and pre- senting a Bil of 12s Mony due from Robert Old of Suffeild to said Mr. Gershom Bulkley said Bil dated July .10th 1695 and payable the last day of January ensueing witnessed per George Norton, Thomas Treate. Robert Old of Suffeild appearing: and owning the Bil: Con- fessess Judgment against himselfe for the Sum of .12s Money to Mr. Gershom Bulkly (to be paid next May) .
Feb. 14th 1698/9.
Alexander Allen of Windsor presenting a Bil of forty shillings Money due to him from John Petty of Springfeild said Bil dated 14. Feb. 1695/6 payable the last day of April 1696 as witnessed per James Mackman and Samuell Frost said John Petty appearing and owning the Bil and his hand and seale thereunto: Confesses Judg- ment against Himselfe for said Sum of Forty shillings Money due to the said Alexander Allin This done and acknowledged this 14th Feb. 1698/9:
Before me JOHN PYNCHON Justice Peace With .12d more for the acknowledgement.
[*241] Feb. 20th 1698/9.
Major Jonathan Bul of Hartford Plantiff against Samuell Dewey of Westfeild Defendant (according to Summons returned served) in an action of Debt due by Bil to the value of thirty one Shillings. The Plantiff appearing by his attourney Hezekia Dickenson Also the De- fendant Samuell Dewey appeares and seing the Bil and acknowledg- ing it, Confesses Judgment against himselfe for Thirty one shillings due to Major Jonathan Bul of Hartford this 20th Feb. 1698/9.
attests JOHN PYNCHON
To be added
For taking the acknowledgement of Judgment .1s od
The writ .1. 0
Serving it .1s and the Constable goeing 4 Mile More to serve it is 3 per mile 2. 0
4s which 4S Samuell Dewey Paid to Dickenson Major Bulls at- tourney
March .6th 1698/9.
Major Jonathan Bul of Hartford Plantiff against Thomas Copley of Suffeild (and his wife) as administrator to the estate of Samuell Taylor of Suffeild deceased in an action of debt for moneys due to
362
PYNCHON COURT RECORD
said Bulle from Samuell Taylor deceased according to Summons re- turned served and for the Sum of .21s 5d. The Plantiff appearing by his attourney Hezekia Dickenson Also the defendant Thomas Cop- ley appearing: The Pleas and Evedences in the case herd and read etc: The plantiff and defendant goeing together and discoursing: The Plantiff Thomas Copley came and acknowledged the debt and Confesses Judgment against himselfe on the account of Samuell Tay- lor for 215 5d due to Jonathan Bul of Hartford: this 6th of March 1698/9.
attests JOHN PYNCHON.
To be paid by the last of June next in pay: he Ingages to pay it in Bords as they goe for pay: also .5s charges Money viz . is summons . 1s acknowledgment Judgment and .3s the Marshals serving it.
JOHN PYNCHON
Dickenson promised that If it were not ful gs to the Marshal he would allow it in abatement. [Marginal notation.]
March 15 1698/9.
Luke Hitchcock Senior of Springfeild Plantiff against Isaac Frost of Springfeild husbandman according to Summons returned Served in an action or Plea concerning Moneys due to said Hitchcock upon Ballance of accounts about a Horse agreed: To the Sum of seventeen shillings Money or there about according as shal appeare with dam- ages Plantiff and defendant both appearing: The plantiff presenting the Sale of the Horse and delivery of it to the defendant and that payment towards it was to the sum of .5.13s as the plantiff ownes to have Received: wanting 17s to make up the sum of sixe Pounds Ten shillings the price of the Horse agreed: I find for the Plantiff Seven- teene shillings money and Costs of Court as per Bil allowed Seven shillings I say .7s.
[*242] July .31. 1699.
Joseph Williston of Springfeild Plantiff contra: Ephraim Bartlet of said Springfeild (according to Summons returned served) in an action or Plea of debt for seven days worke: etc The Plantiff .3. times called and not appearing The defendant appearing after an houre and more waiting, demanded his Costs: which I granted him accord- ing to Bil .1s 1od
2s 10d
and Nonsute 1 0
The constable present attested his serving it.
Aug. 12. 1699.
John Web of Springfeild Brought before me by the Marshal and Sherifs Deputy: upon Samuell Cross of Windsor his having a writ out against him for Stolen goods: which upon Serch a Gun barrel
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PYNCHON COURT RECORD
being found in the Smiths shop at Westfeild Daniell Nash: who pro- duced said small barrel of a Gun: and John Web being apprehended and present, owned That he took the Gun from Samuell Cross his house: and caryed the Barrel of it to Daniel Nashes (where he laid it in the woods a Trees falling had broken the Stock and so he lost the Lock there) which he said Web ownes he stole from Samuell Cross in a Druken fit [illegible] nere .2. yeares since: not knowing what he did then But now ownes it and is sorry for it etc. I fine him for his said Misdemeanor Ten shillings, and to pay al charges in pros- ecution: and stand committed til the sentence be performed and leave Samuell Cross to his Remydy in Law.
[*243] October .2d 1699.
Mr. William Gibbons sometime of Hartford now of Boston Mer- chant Plantiff Contra Abel Leanord of Springfeild Taylor in an ac- tion or Plea of debt Due to him said Gibbons To the Sum of Twenty sixe shillings and .1od neglected to be paid to the damage of Forty shillings Benjamin Leanord being .3. times Called and not appearing Summons served returned and Read: the Sherrifs deputy present who underwrit his Serving it and warning Leanord to appear attest- ing the same also. After long waiting and .3. times called said Lean- ord not appearing. (His default I record: and the Plantiff producing also his booke and making oath to it I find as per Coppy of the ac- count from his Booke on File) .26s 10d [illegible] due to the Plantiff and Costs of Court as per Bil allowed 14s al is .40s 10d.
[The above entry has been crossed out.]
This Sentence or Judgment I presently made void and Nul, be for ever it was it was made known to said Benjamin Leanord in his absence declaring to the Plantiff Mr. Gibbons that I revoke it the same day and that because the Law is that If the defendant appeare not upon Summons by a Justice a writ of Contempt is to goe out and so left the plantiff to procede in that way: making Nul that above this 2d Oct. 1699 as fully as If it had never been and so is noe Judg- ment at al being Imediately Recaled and not at al declared to the de- fendant. The next day they agreed and Issued all matters.
JOHN PYNCHON.
Oct .3d 1699:
Mr. William Gibbons sometime of Hartford now of Boston Mer- chant Plantiff:
[The remainder of the page is blank.]
[*244] Dec. 9th 1699.
Nathanel Treadway who was sent for by Summons on Dec. . Ist 1699 To answer to some reflective speeches of his against Mr. Joseph
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PYNCHON COURT RECORD
Hayward But then was not wel or able to come as the Constable then said. Now this .9th December said Treadway appearing Mr. Joseph Haward also present: Treadway desires God to forgive him al his sins and his uncle Mr. Joseph Hayward to forgive him for his speeches Concerning him reflecting on him, and acknowledges and says he had noe Cause to say anything of Mr. Hawards being Privy to his cloathes being gon (which were found in the house in which James Mirick Lived formerly by the Mil) Though How they Came there he says he knows not But doth noe way Impute it to Joseph Hayward: and is very sorry for what he said thereabouts and as now he cleares said Haward so If (or when ever caled to it He wil Publikely doe it also: and says what he said to Constable Tilly Mirick was partly from his said Miricks words to him and some mistaking of them, and desires forgiveness for al declaring That he never knew Mr. Hayward taxed or questioned about any such things as taking other mens things in any dishonest way acknowledging what he said looking that way to be very evill and intreates his uncle to forgive him and he wil be more watchful here after.
This Read to Nathanel Treadway he ownes and acknowledges before me. JOHN PYNCHON
and so said Treadway was discharged at present.
His uncle Haward accepting his acknowledgement.
[*245] Hampshire July 12th 1700.
Joseph Cooley of Springfeild Husbandman Plantiff contra Ed- ward Kibbey of Enfeild husbandman defendant (according to Sum- mons returned Served) in an action or Plea of Trespass For That the said Edward Kibbee, hath Mowed or cutt downe his the said Cooleys grass on his Meddow at Fresh Water Brooke, and thereby de- faced and hindred his the said Joseph Cooleys Improvement there to the damage of said Cooley forty shillings or as shal appeare with other due damages: Both partys appearing, Summons being Read and the defendant owning he was Summoned accordingly.
The Pleas heard and evedences in the Case produced by the said Plantiff read who Insists upon this That he had and came to the land or Meddow, which the defendant hath cut the Grass off: By and from his Father Benjamin Cooley deceased: his willing it to him This Meddow being that part which upon Devission of his Fathers Land, fel to him the Plantiff to be his share of what land his Father long Injoyed and Possessed for .30. or 40 years since to now From which time it hath ever bene in the Possession and Quiet Improvement of the said Benjamin Cooley and in his children since his the said Ben- jamin Cooleys death: And particularly this Meddow of about five
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PYNCHON COURT RECORD
acres on Fresh Water Brook hath beene in his the said Joseph Coo- leys Possession and Improvement always since the devission propor- tioning or stateing each childs share or part in our Fathers Land about or nere .13. yeares since So that the Land being his said Joseph Cooleys and appearing by the Testimonys produced to which he re- fers to be in his said Coolys quiet and rightful Improvement and pos- session He is Trespassed upon by the defendant Edward Kibbee and therefore sues and expects damages according to the Trespass ap- pearing:
The defendant Replys he is noe Trespasser for that the Land doth not appeare to be Joseph Cooleys nor that he hath Legal right to it To which I ansered we are not now to Judge Legal right to Land but it appears that he said Cooly from his Father came to and Injoyed this Land and hath ben in Posession of this without ejection or any one Challenging and therefore it is necessary Kibbee plead Title and wil prosecute at the Court of Pleas I find him the Plantiff in Possession that the Trespass done him.
The defendant says only That He Judges The Plaintiff is not seized in Law so as to have Trespass allowed though he declins pleading title to the Land at present for That that He bring special matter and partake against its being a Trespasse and so would waite But [illegible] al that Defendant neglecting and refusing to become Bound to prosecute Title at the [illegible] and the Law says in such cases the Justice shal award Damages according to what shalbe made out and costs. It appears and is owned by the defendant that he [il- legible] the defendant hath cut about ¿ an acre or nere one acre cut- ing the grass thereon which hath been long in the plantiffs Improve- ment [illegible] about [illegible] and [illegible] I find for the Plantiff Two shilings and costs of Court as per Bil allowed .15s 10d-3s 10d of it is to my selfe.
The Defendant appeales from this Judgment and hath given Bond to the [illegible] of foure Pounds to prosecute his appeale at next Court of Pleas [illegible].
[The following September 3, 1700 entry in Hamp. Rec. Ct. Pleas 98-99 records the hearing of Kibbee's appeal by the Inferior Court of Common Pleas for Hampshire.]
Edward Kibbee of Enfield In the County of Hampshire Husbandman Appellant Vs. Joseph Cooley of Springfield Husbandman Appellee From the Judgment of John Pynchon Esq. Justice of Peace upon In an action or Plea of Trespass brought by the Appellee then Plaintiff against the appellant Then Defendant (on the .12th July Last Past) For that the Said Edward Kibbee Hath Mowed or Cut Down his the Said Cooleys
366
PYNCHON COURT RECORD
Grass in his meadow at Freshwater Brook etc Which said Judgment was Rendered the said Cooley Should Recover against said Kibbee Two Shil- lings and Costs Both Parties Now appeared; And The Appellant with- draws this action, It is by the Court therefore Considered the said Joseph Cooley Recover against the said Kibbee Two Shillings money Damage and Cost of Court Taxed at one pound one shillinge.
[*246] Hampshire July 29 1700.
Mr. Nathanel Bissel of Windsor husbandman Plantiff contra Andrew Miller of Enfeild Blacksmith defendant (acording to at- tachment returned) in an action or Plea of Trespase for unlawfully or unjustly taking away and withholding from him said Bissel his Plow Irons, to the damage of said Bissel .4os Money as shal appeare with other damages.
Having entered this upon the return of the Atachment to me expecting the appearance of the partys and waiting a while yet neither party appeared: so it drops and wholy Fals.
Aug. 9. 1700.
Eliakim Cooly of Springfeild husbandman Plantiff against Thomas and John Hale of Enfeild Husbandmen defendant in an action or Plea of Trespase (according to Summons returned served) For that the said Hale Mowed or Cut down said Eliakim Cooleys his Grass on his said Coolys Meddow at Fresh Water Brooke in Enfeild to the damage of said Cooly .20s or as shal appeare with other dam- ages: Both partys appearing that is to say Plantiff and one of the de- fendants viz John Hale: (Thomas Hale being disabled as his Father who appeared gives account etc.) : The said defendant John Hale owning he was Summond and Thomas Hale Senior desyring he may answer for his sons both of them and particularly for Thomas absent: (Pleas herd and evedences in the Case Read which are on File) Hav- ing Herd this far, before further proceeding: the defendant John Hale and Thomas Hale also [illegible] by his attourney His Father Thomas Hale senior appearing for him not only Saying that Thomas Hale absent was his Son and under him but that he came for him and tooke the case as his owne his sons being under him and Imployed by him and desyred me to enter it and make a Record of it which accordingly I Doe that he for Thomas Hale the Father Joines Issue in the matter and Thereuppon Pleads Title: and desires me to enter that which I here doe That he said Thomas Hale Senior as defendant joins Issue and doth demur and Justifie upon Plea of Title to the land whereby the matter of Fact by Law is taken pro Confesso: and the Partys Thomas Hale senior and John Hale, became Bound and enter in Recognizance with surety in the sum of Ten Pounds to per-
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