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 39
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PYNCHON COURT RECORD
sue his Plea and bring forward a Suite for Tryal of his Title to said land at Enfeild at the next Inferior Court of Comon Pleas to be holden for this County as per said Bond to Eliakim Cooly of 10s in case of not prosecuting.
So this case ended That I have only Hales Bond to present to the next Court of Pleas: giving back the Testimonys to Eliakim Coly as Hale had his also.
[The following September 3, 1700 entry in Hamp. Rec. Ct. Pleas 99-100 records the hearing of Cooley v. Hale by the Inferior Court of Common Pleas for Hampshire. Apparently the appeal taken from said court to the Superior Court of Judicature was not prosecuted.]
In an action or Plea of Trespass brought before John Pynchon Esq. Justice of Peace on the 9th day of August Last Past by Eliakim Cooley of Springfield Husbandman then Plaintiff against Thomas Hale Junior and John Hale both of Enfield Husbandmen then Defendants for that the said Hales Mowed or Cut Down said Coolys [hay] on his Said Coolys meadow at Freshwater Brook in Enfielde to his Damage 20s as per the writ Dated the 1st day of said August. The Defendant Thomas Hale of said Enfielde Senior Father of said Thomas Hale Junior and John Hale appearing then before said Justice Desired He might be admitted De- fendant In this Action by Reason that the said Thomas Hale Junior and John Hale were under him and Imployed by him etc who was accord- ingly, admitted Defendant then, by said Justice to Defend said Action, Who then Justified and Demurred upon Plea of Title to the said Land, Who became bound by way of Recognizance in the Sum of Ten pound to be well and truly Paid to the said Eliakim Cooley In Case he should fail of Prosecuting his said Plea and of bringing forward a Suit for the Tryall of his said Title to this Court, as per the Process of said Justice appears, Accordingly the said Thomas Hale Senior the Now Plaintiff ap- peared and brought forward his said Suit, and the said Eliakim Cooly the Now Defendant appeared appeared also. And the Case after a full Hear- ing of both parties was Committed to the Jury who Returned there ver- dict therein upon oath that they find for the Defendant four Shillings and Cost of Court.
It is Therefore Considered by the Court that the Defendant Eliakim Cooley Shall Recover against the Now plaintiff Thomas Hale Senior Four Shillings money Damage And Cost of Courts Taxed at one pound Fifteen Shillings and Nine Pence. The Plaintiff appeals.
Aug. 14th 1700:
Samuel Keepe of Springfield Husbandman Plantiff contra Ed- ward Kibbee of Enfeild defendant according to Summons returned served (to which as entry of the action I refer) in a Plea of Trespass etc. as in the Summons. Both partys appearing: The Plantiff pro-
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duces Testymony etc. But the defendant Edward Kibbee put a stop to further proceedings and so the Testymonys were Recalled. Justi- fying and demurring upon Plea of Title to the Meddow, which I here enter and make Record thereof accordingly: said Kibbee In- gaging to Bring forward his Plea at next Inferior Court of Pleas to be Holden at Springfeild in Hampshire.
And said Kibbee with Elisha Kibbee his Father Gave Bond or be- comes Bound in the Sum of Ten Pounds to persue his Plea and bring forward his Suite accordingly at next Inferior Court as per said Bond on File and so the Case was dismist:
[The following September 3, 1700 entry in Hamp. Rec. Ct. Pleas 100-OI records the hearing of Keep v. Kibbee by the Inferior Court of Common Pleas for Hampshire. Apparently the appeal taken from said court to the Superior Court of Judicature was not prosecuted.]
In an action or Plea of Trespass brought before John Pynchon Esq. one of his Majesties Justices of the peace for said County on the 14th Day of August Last Past by Samuel Keep of Springfield Husbandman then Plaintiff Vs. Edward Kibbee of Enfield Husbandman then Defend- ant for that the said Edward Kibbee hath Mowed or Cut Down about the Quantity of Two Load of said Samuel Keeps Grass on his said Keeps meadow on the North-Easterly branch of Freshwater Brook So Called within the Town or bounds of Enfield to his Damage Thirty five Shillings as per the writ is Set forth, the said Kibbee then Justified and Demurred upon Plea of Title to the said meadow and became bound before said Justice by way of Recognizance to the said Keep in the Sum of Ten pounds to be well and truly Paid to the said Keep In Case he the said Kibbee should fail of Pursuing his said Plea and of bringing forward a Suit for a Tryall of his said Title to this Court, accordingly the said Ed- ward Kibbee (the Now Plaintiff) appeared In Court and brought for- ward his said Suit, And the said Samuel Keep the Now Plaintiff appeared also and the Case after a full hearing of both Parties was Comitted to the Jury who Returned there verdict therein upon Oath that they find for the Defendant Two Shillings Damage and Cost of Courts.
It is Therefore Considered by the Court that the Defendant Shall Re- cover against the said Edward Kibbee the Now plaintiff Two Shillings money Damage and Cost of Courts taxed at one pound Eight Shillings and Nine pence. The Now Defendant appeals.
[*247] Sept. 2d 1700.
Fearenot King of Westfield husbandman Plantiff contra John Sexton of Westfield (Son of James Sexton of Westfield) defendant in an action or Plea of defamation of him said Fearenot King in say- ing said King was a Theife and had Stolen a Trap from him said Sex- ton, which is to said Kings damage .20s (according to summons
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returned served) Both partys appearing Summons being Read Pleas herd and evedences in the Case produced by the Plantiff read (which are on File) I Find For the Plantiff Ten shillings and Costs of Court .1 1s 6d as per Bil allowed.
.1 1s 6d costs. [Marginal notation.]
The defendant John Sexton appeales from this Judgment his Father James Sexton also Joining Issue with him therein and hath given Bond according to law to the value of forty shillings to prose- cute his appeale at next Inferior Court of Pleas at Northampton in December next.
[The remainder of page is damaged.]
Sept. 2d 1700.
John St[ ] William Gibbons formerl[ ] Lt. John Parson
] by Booke to the S[ ] summons returned [ ]s
Nov 11th 1700
[ Jal Natha-[ Jal of West[ ] Westfield [ Jner oft did [ Jing to a feild Nathanel [ ] proprietors cral [ Jamage app[ ] other damages as shall an [ ]ned served: Both partys
Son [ Jedences in the Case produced which are un[ Ind for the defendant costs of Court
[ ] Plantiff Contra Nathanel Bancroft of Westfield senior ] one him in his land at Westfeild in Posassick Lower field by [
said [ Jing down his fence and or going through his Improved land on the 1st of this Instant N[ Jing his said Land Common and open for Cattle going in To his damage Ten shillings: Both partys appearing, summons Read Pleas herd and evedences in the case produced and read, which are on File I find not the evedences to the Case and so Fynd for the Defendant Costs of Court .7s as per Bil allowed.
[*248] Jan. 22th 1700/1.
Josiah Marshfeild came before me (John Pynchon) to acknowl- edge that he had sold strong Drink without lycense, which he de- syred me to take notice of and enter it as Informing For the King against himselfe for breach of the Law, which he said was sometime since that he had formerly a Cask of Drink not now, (having not any or none to sell) He is convicted by his owne Confession.
[The remainder of page is damaged.]
He further Informes against Joseph Williston for Selling Strong Drink he or his wife or both contrary to Law which he likewise de- syred me to Enter, and that he shal produce the time .2. or .3. Months
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PYNCHON COURT RECORD
agoe and within [
[ بـ Je says he Informes for the King [ ] and
This was before Doctor Read of Simsbury and a lad his uncles Son whom Josiah Marshfeild brought along with him and in presence of whom he spake it and declared it to me. [Marginal notation.]
[ ]called. and the above Infor[ Jiah Marshfeild present
[ ]trary to Law [ ] He said Williston [ ]hfeild to make
[ ] charged him with [ Jared him [ ] Sessions [ ]bove)
Aug. . 30th [1701].
The Sessi[ ]ld to make Joseph Willisto[ ]d him attendance with [ When on the .2d of September 1701 [ Ins out Au-
gust .30 1701 Jins should order and Injoyn him [ ] and this
busyness being now referred to the [ ] Sessions or There both
partys appeared with Marshfeild [ Jere delt in, and Issued, both as to Williston [
] Sentence, where it is to be found [ ] said Sessions.
I having writ out and laid before the said Sessions an attested copy of my proceedings as above on the 22th of January 1700/1, and the 27th January 1700/1 as above.
[The following September 2, 1701 entry in Hamp. Rec. Ct. Pleas 124 of a Court of General Sessions of the Peace held at Springfield relates to the above information lodged by Josiah Marshfield against Joseph Williston.]
It appearing Upon Information and Confession of Joseph Wilistone that he had Sold Strong Drink Contrary to Law ordered that he Pay a fine of four pounds, Whereof forty shillings to Josiah Marshfield the Informer and the other forty Shillings to the Use of Springfield School.
[Pages 249 and 250 have been cut out.]
[*251] Jan. 27 1700/1.
Josiah Marshfeild of Springfeild Brought before me, Being by Joseph Williston accused of lying etc. in saying (as in the summons) That he knew nothing of those goods of his taken in execution by or for Mr. Porter, being hid or conveyed away and for saying at Night the same day That he had told Col. Pynchon after they were found that he would take them againe and said Pynchon did not Forbid him taking them away and David Morgan lingred at the Colonels house to give him opportunity That he might take them. Al which being most false said Marshfield present, acknowledges his fault and that he spake that which was most untrue about it and so prevented the summoning the witness [Luke Hitchcock Senior, Daniel Morgan, Theodore Mirick who because he owned it were not sent for] [Mar-
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PYNCHON COURT RECORD
ginal notation.] owning what is Charged with in the Summons as above written and declared: His Submission and Sorrow for it saying that with Troble about the busyness He knew not wel, what he said and was a litle out in his head I only fine him Ten shillings to the King and give him a Fortnights time to pay it.
Feb. 1. 1700/1 10s. fine abated and taken of.
Lt. Col. Partrig moveing in behalfe of Josiah Marshfeild that I would take of the Fine I did accordingly abate it wholy:
[The remainder of the page is damaged.]
Jan. 31. 1700/1.
Josiah Marshfield entring Complaint against Luke Hitchcock Senior and Joseph Williston of Springfield for that one or both of them in clandestine way tooke a Deed of Sale of Land by said Marsh- feild to them, away out of Mr. Holyokes hand where it was left: from or without his said Marshfeilds delivery of the same or allowance they should have it, and before S[ ]ty given by them for certaine sums of money due or [ ] that Land said Deed of sale refers to: I thereupon [ ] said Hi[ ]cock and Willistons appearing be- fore [ ] of Marshfeild: who appearing say [ ]ney and are ready
to give Security [ ] the Deed was They said Mr. John [ ]th it to Record [ ] matter by giving Security for [ ] gave them time to draw aside for d[ ] matters betweene themselves or o[ ] wise to deliver [ Jeed into Mr. Holyoks hands where it was, and from whom it was taken sometime to Morrow and in meane time Forbide the Recorder from Recording it til agreement betwen al partys and matters Issued: al which I read to them and Read and de- clared it to and before the Register or Recorder and so dismissed al persons.
[*252] March .25. 1701. Hampshire
Lt. Colonel Samuell Partrigg of Hatfield Esq. Plantiff contra Thomas Cooper late of Springfield husbandman Senior, according to Atachment which is on File returned served on the house lots That part that is orchards Reputed the Estate of said Thomas Cooper, and that a Summons on March 10th 1700/1. was put into and left in the house of said Thomas Cooper as his last place of aboad in Spring- field on the west side of the great River at the Place called Agawam.
To answer said Lt. Col. Samuell Partrig in an action or Plea of Debt due by Booke to the Sum of one Pound Sixtene shilings .6d etc. The defendant Thomas Cooper .3. times called and not appearing The Plaintiff considering his remotness etc. was willing to stay and defer proceeding in the case to another time, and so I adjourned that
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PYNCHON COURT RECORD
to the .21th of May next at .8. of the clock in the Morning Sup- posing Thomas Cooper (having notice) wil agree and Issue with the Plaintiff at that time:
The Plantiffs Bil of Costs being on File til then:
Lt. Col Partrig of Hatfield etc. Plantiff contra Thomas Elgar of Suffield husbandman according to Summons returned Served, Both partys appearing Summons read, it being for Debt due by Booke to the Sum of .1fgs said Thomas Elgar confesses Judgment and ac- knowledges himselfe In debt to said Lt. Col. Partrigg the Sum of one Pound Three shillings in Current Pay and Bil of costs (on File) al- lowed is .5s al is .1.8.od.
Before me JOHN PYNCHON.
John Web (according to Summons read) Confesses Judgment against himselfe for 4os acknowledging himselfe indebted said Sum in Money to Lt. Col. Partrigg and Costs five shillings: al is .2£.5 .0. Before me JOHN PYNCHON.
Michael Towsley of Suffield according to Summons Confesses Judgment against himselfe to Lt. Col. Samuell Partrig for .19s and Costs gs al is one Pound Eight shillings:
Before JOHN PYNCHON.
[A portion of the page is damaged.]
April .7th 1701.
Andrew Miller of Enfield Blacksm[ ] Plantiff contra Nathanel Bissal of Windsor Defendant [ ] to Atachment returned served on the Body of said Bi[ ]e) To answer said Andrew Mil[ ] 4os Money due to him up [ ] Plow and Irons etc. Sold to said Bi[ ] which said Bissal neglects to pa[ ] appears (as per Atach-
The ment) Plantiff [ ] evedences in the Case being herd [
Defendant ownes the Barg [ ] the Plantiff ingaged 40s Money for it [ In he was to pay him in Money it remains that the Defend- ant [ ] payment and he read out of his Booke several, but the Plaintiff disownes many of the things and noe Coppey attested: and the plantiff says Bissal is in his debt and that he hath paid him al his booke account and presents an account out of his Booke of .1£ 18s 4d Bissal owes him, To answer Bissals account: and the 4os for the Plow remains.
Upon al the Pleas and hearring the which I find for the Plaintiff 4os Money Costs of Court as per Bil allowed .17s.
The Defendant appeales to the Inferior Court of Plees on the 3d Tuesday May next and hath given Bond 4f for prosecuting at said cort to effect.
Ephraim Colton of Enfeild surety.
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PYNCHON COURT RECORD
[The following May 20, 1701 entry in Hamp. Rec. Ct. Pleas 109 records the affirmance of Miller's judgment by the Inferior Court of Common Pleas for Hampshire.]
Andrew Millar of Enfield Blacksmith Complainant Vs. Nathaniel Bissel of Windsor Shewing that on the 7th of April Last before John Pynchon Esq. he Recovered Judgment against said Bissel for 4os money and Cost from which Judgment the said Bissel appealed to this Court but not Prosecuting the Same the said Millars Prayed the said Judgment may be affirmed with Costs. It is by the Court therefore Considered that the said Millar Shall Recover against said Bissel the said Sum of Forty Shillings money Damage and Cost allowed at Forty Shillings and ten pence.
[*253] Sept. 1st 1701.
Mr. John Blackleach of Hartford [illegible] by his attourney John Stedman) Plantiff, contra John Noble of Westfeld defendant accord- ing to Summons returned Served in a Plea of debt due by Booke of one Pound Two shillings etc. The Plantiff apearing The defendant John Noble not appearing I adjourn the hearing of the case til to Morrow the Plantiff desiring it.
Sept. 2d [1701].
John Noble the defendant appearing: and the Plantiff viz John Stedman of Hartford as Mr. Blackleech attourny shewing his Power etc.) The Plantiff producing an account out of his Booke attested and sworne (which is on File) the defendant owning the debt (though he says he paid it yet giving no demonstration thereof I find for the Plantiff one Pound one shilling .10d } in wheat and Pease: and Costs of Court as per Bil allowed eleven shillings which is on File.
October [1701].
Wiliston, about Josiah Marshfields selling Drink:
The both desiring it may be herd at the Sessions Marshfeild to become Bound in 5f to appeare and answer it there: at Northamp- ton on the first Tuesday of December next: And so I Transmit al the Papers thether and Dismissed them this .gd of November 1701 mak- ing noe further Record.
[The following December 2, 1701 entry in Hamp. Rec. Ct. Pleas 125 of a Court of General Sessions of the Peace held at Springfield records the hearing of Williston's complaint against Marshfield.]
Joseph Wilistone Complainant Vs. Joseph Marshfield for Selling Strong Drink without Licence and Contrary to Law the said Marshfield
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PYNCHON COURT RECORD
appearing Pleaded not Guilty, and the Case after a full Hearing was Committed to the Jury who Returned there verdict therein on oath that the said Marshfield is Guilty, The Court therefore ordered Marshfield to Pay a fine of four pounds, forty Shillings Whereof to said Wilistone and forty shillings to the Use of the Grammar School in Springfield and Cost of Court Taxed at Nine Shillings.
October .31 1701. Mary Pengillys Fine .5s
Mary Penngilley wife of John Pengilley of Suffield according to writ to the Constable of Suffield being this day Brought before me John Pynchon and appearing accordingly.
Mrs. Younglove also (who was the complainant appearing by her Sons John: Samuell and James Younglove, Charge Mary Pengilly with saying that Mrs. Sarah Younglove came to Springfield to Sweare lyes and Publishing False reports, which Mary Pengilly Denys etc: yet according to the Testimonys which are on File I Proceed.
Mary Pengilly the wife of John Pengilly of Suffield being con- victed (though somewhat Barely) of Publishing making uttering or spreading False reports tending to the defamation of particular per- sons, particularly of Mrs. Sarah Younglove thereby misleading or de- ceiving others contrary to his Majesties wholesome Laws of the Prov- ince: I Doe Fine, the said Mary Pengilley the sum of five shillings to be paid to his Majesty forthwith and upon Consideration of the cir- cumstances of the case doe order each to beare their owne Charges in the Case.
Her hearing being extreame Bad and answering to questions mis- taken in what she hath said, so that I Reckne the Fine with the most and therefore order noe costs.
The Testimonys Thomas Smith, John Younglove. Mary Pen- gillys fine 5s. [Marginal notations.]
Joseph Pomrey Ingages the Mony .5s shal be Paid and wil send it me presently:
[*254] Jan. 8th 1701/2.
Memorandum
Mrs. Mary Parsons widdow desyring to give oath to her Booke of accounts where were entred several things paid to her daughter Hannah now wife to Mr. Pelatiah Glover (as part of her Portion: The Booke being presented and the accounts read, and Considered and Mrs. Parsons cautioned and some amendments made: said wid- dow made oath to said Booke and accounts amounting to 81£ 06 .09 But upon Mr. Pelatiah Glover his Comming and objecting against one article of 20s for wintering cow and calves etc. shee yeilded to abate it wholy and give in that 20s and so brought the Sum in her
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PYNCHON COURT RECORD
Booke paid to 80£ 6s gd according as I have writ it in Mrs Parsons Booke and there under my hand attested it, as is to be seene, to which I refer, only enter it here as a Memento.
Jan. 9th 1701/02.
Mr Pelatiah Glover Complaining against Betty Negro for bad Language striking his son Pelatiah who came and was present Charg- ing Betty that shee told him that his Grandmother had killed .2. per- sons over the River, and had killed Mrs. Pynchon and halfe killed the Collonel and that his Mother was half a witch To which Richard White and Tom Negro gave in evedence that shee so said on Mun- day Night the .5th of this Instant January, when then Betty owned it that shee had so said etc.
We Find her very Culpable and for her Base Toung and words as aforesaid (also striking said Pelatiah Glover Junior) we Sentence said Betty to be well whipped on the naked Body by the Constable with Ten Lashes wel laid on: which was performed accordingly by Constable Thomas Bliss: Jan.9. 1701/2
Present JOHN PYNCHON Justice Peace: Parson Justice Peace:
[Pages 255 through 317 are blank or contain lists of marriages which have not been included.]
[*318] The names of the Freemen in Springfeild this present .8th. of May 1663:
Captain John Pynchon: Leiutenant Elizur Holyoke: Ensigne Thomas Cooper: Joseph Parsons: Miles Morgan: William Branch: John Lamb: Reice Bedortha, John Dumbleton, Griffith Joanes, John Leonard, Jonathan Burt, John Lumbard, Thomas Bancroft; Mr. Pel- atiah Glover, Deacon Samuell Chapin, William Warrinar, Thomas Stebbins, Benjamin Mun, Robert Ashley, Samuell Marshfeild, Na- thaneel Ely, Benjamin Parsons, Laurence Bliss, Anthony Dorchester, Richard Sikes.
George Colton made free at the General Court May. 3d 1665.
Benjamin Cooly and Nathaneel Pritchard were then also admit- ted to freedome But being absent were referred to the County Court to be sworne who accordingly tooke their oathes at Springfeild Court, September .26. 1665.
Thomas Mirick admitted to freedome at the General Court in October 1665 and sworne at Springfeild Court, January 17th 1665 [1666] Per Adjournment.
Thomas Day: admitted to freedome, by the General Court in Oc- tober 1668, and sworne March. 30th 1669 at Northampton Court.
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PYNCHON COURT RECORD
John Keepe: admitted to freedome by the General Cort in May. 1669: and sworne 28th September 1669, at Springfeild Court.
John Barber: Charls Ferry: and John Riley admitted to freedome at the General Court in May 1671. and sworne September, 26. 1671 at Springfeild Court.
Joseph Crowfoote, admitted to freedome at the General Cort Oc- tober 1672: and sworne at Springfeild Cort September 30 1673.
Mr. John Holyoke admitted to freedom at the General Court in May 1677 and sworne at Springfeild Court in September 1677.
Victory Sikes: Isack Cakebread and Luke Hitchcock admitted to freedome at General Court May 1678 were sworne at Springfeild Court September 1676.
James Warriner: and John Warner admitted to freedome Octo- ber 1679: sworn at Northampton March .30. 1680.
Mr. Daniel Denton: Japhet Chapin and Samuell Ely admitted to fredome May 1680: sworn at Springfeild September 1680.
Joseph Stebbin: Ephraim Colton, Thomas Colton sworne Septem- ber 27: 1681.
See .8. leaves further where is a list of Names of al the freemen, as they are this May 1691. [Marginal notation.]
[*319] March. 14th 1660/61.
At a meeting of the Freemen of this Towne of Sprigfeild for Nom- ination of Magistrates: choise of County Treasurer, etc .:
Captain Pynchon commissioner to carry the votes to the shire meeting [Marginal notation.]
The freemen according to Law proceeded to give in theire votes in distinct Papers; and choose and appointed Mr. John Pynchon to take their said votes, and to seale them up and carry them unto the shire meeting on the last .4th day of this Instant March: as Law in- joynes:
Aprill .30th. 1661.
At a meeting of the Freemen of Springfeild Mr. Elizur Holyoke was Chosen to be theire Deputy for the Generall Court this yeare en- sueing, unto whome they have Granted and Deputed full power to deale in all The affaires of this Common wealth wherein freemen have to doe According to Law:
Deputy: Mr. Holyoake:
At the same meeting the freemen gave in theire votes for Election
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PYNCHON COURT RECORD
of Magistrates to theire Deputy aforesaid to be by him sealed up and caryed to the Court of Elections according as Law provides:
John Hitchcock sworne to freedome at Springfeild Court Septem- ber .25. 1683:
Samuell Ball sworne at Northampton Court September 1684.
Daniel Cooly and Increase Sikes Sworne at Springfeild Court Sep- tember 1684.
See Further about .8. leaves where is a list of the Names of the Freemen in Springfeild according as they are this May 1691.
[*320] Springfeild: . March 13th. 1661/62.
According to Law the freemen of this Towne met togithir, and gave in theire Votes in distinct Papers, for Nomination of the .18. persons, out of whom the Magistrates are to be chosen, at the next Court of Election:
At which tyme also (according to law) they proceeded to choise of County Treasurer:
And appointed Mr. John Pynchon to take theire votes and seale them up, and carry them to the shire meeting on the last 4th day of this instant March as law injoynes:
Captain John Pynchon chosen Deputy:
At the meeting, the day above mentioned: The freemen (by Pa- pers) choose Mr. John Pynchon to be theire Deputy (for the first Sessions of the Generall Court, the year ensueing viz) for the Court of Election unto whom they have granted and Deputed full Power to deale in all the affaires of this Common wealth wherein freemen may act by theire Deputy, according to Law:
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