USA > Massachusetts > Hampden County > Springfield > Springfield, 1636-1886 : history of town and city, including an account of the quarter-millennial celebration at Springfield, Mass., May 25 and 26, 1886 > Part 6
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SPRINGFIELD, 1636-1886.
In April, 1641, John Cable, who had concluded to seek his fortune at Windsor, proposed to sell his real estate for £40. The town bought it back, paying £10 down, and the balance in instalments. A portion of this was paid in corn delivered at Windsor. Again, anticipating a few years for fuller illustration of this point, we find that in January, 1645, it was ordered, -
By ye Joynt consent of ye Plantation their is leave granted (notwthstandinge a former order dated March 17th 1641 to ye contrary) unto William Vaughan to lett out his land to Rise Bedortha for ye space and terme of six yeares to be imprved by him.
There is here much more than a hint of the land theories that obtain in certain quarters in the present age. Not only was the land tenure and proprietorship grounded in a rule of communism, but the hand of the town democracy was upon the shoulder of every man in his daily work and walk. At the close of the year 1639 is this vote :
It is alsoe agreed for ye ordering of Laborers wadges yt carpenters shall have for 9 months 2s 6d p day & for 3 months from ye 10th of Novembr to ye 10th of ffebr : 2s p day ; mowers shall have 2s Gd p day sawers 6s Gd p they to fall & hewe & the owner to bring to ye pitt. Alsoe for husbandry or any ordinary labor to have 2s for 9 months, only from ye 24th April till the 24th June they are Left to theyre Liberty as men can agree wth them & for the other 3 months viz from November 10th till Frbr 10th to have 18d p daye.
The town was laid out in a peculiar manner for New England, where a twenty-rod road was the usual rule. This was incidentally of service to a community exposed to the Indians. It could be stockaded, and cattle could be safely pastured on the broad street. But the original Agawam seems to have had no such street. The plantation was housed upon the narrow plateau that stretched between the great river and the swamp at the foot of a sharp bluff. There has been time out of mind a brook running along Springfield's business street, and the presumption is that the planters found it there
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SPRINGFIELD, 1636-1886.
in 1636. It ran along the east side of the street, and in the first records it is called a " ditch." It served as a drain for the marsh, and originally was a small affair, for there are frequent references to work upon it. Thus in November, 1639, the town voted that " all yt have a ditch by ye high waye before theyer doores, shall keepe it well scowred for the ready passadge of ye water yt it may not be pent up to flowe the meddowe." This ditch was insisted upon, as appears by a formal vote two years later (Dec. 24, 1641) : "It is ordered yt every inhabitant shall scower & make a ditch ye bredth of his lott before his doore wch is to be done by ye last of may next on ye penalty of 5s for every defalt ye way." The inhabitants were often remiss in keeping this ditch open. The fines due in 1645 were suspended, and an extra month allowed in which to clean out these ditches ; " & if any be there defective ye penalty is to be [paid] to Goodman Prichard." It may, therefore, be doubted whether there was a natural brook along the course of what has since been known as the Town brook. The lowest ground was certainly nearer the bluff, under what is now Chestnut street. A fence was built in front of the houses on the west side of the street, and no buildings were allowed between it and the ditch.
Training day came once a month. Henry Smith was the first " Serjant," and he was given power to name the day of meetings, and to " choose a Corporal." Men absenting themselves "shall forfeite twelve pence," so the record reads, and " all above 15 yeares of age shall be counted for soldiers." No person was allowed to sell or give powder to the Indians.
The community of interests and common proprietorship did not have the effect to reduce frictions between man and man. The right to. quarrel was exercised from the start. William Pynchon as magis- trate writes : -
November 14 1639. A meetinge to order some Towne affaires & to try causes by Jury. The Jury Henry Smith Henry Gregory Jo: Leonard Jo: Searle Samuell Hubbard, Samuel Wright. The Action. John Woodcocke complains
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SPRINGFIELD, 1636-1886.
against Jo Cable in an action of the case for wages due to him for certaine worke he did to a house that was built on Agawam side for the Plantation. The verdict. The Jury findes for the defendant : But withall they find the p'mise that Jo Cable made to the plaintif to see him paid for his work firme & good. But as for the 5 days in Coming up with John Cable we find that not due to be paid for he came not up purposely but in his coming he aimed at a lott wch end of which he did attain. Moreover we agree that Jo Cable is engaged to the plain- tif for work done about the house, yet wee also judge that Jo Woodcock is fully satisfied, in regard he hath had the use of the ould ground & of the howse all that sommer as far as Jo Cable had himselfe.
Upon the same day (Nov. 14, 1639) was tried a suit by William Pynchon against Thomas Mirrick for " not delivering back the Boards he lent him," the jury deciding that the defendant should " make good 3 such like boards as we find not yet delivered with the rest." In December, 1639, came up Mirrick's suit against Thomas Horton, for " 3 boards that he said Merick wantes." Mirrick secured a verdict of 3s. in money.
There is a very curious and interesting record in the Pynchon book concerning a suit for slander, brought by the minister against Wood- cock, throwing, as it does, light upon the legal methods of that time. Jurisdiction "in the river" means the Hartford jurisdiction. The date is December, 1639, in which year John Cable was constable : -
Jo : Woodcock beinge summoned by warrant to answer Mr. George Moxon in an action of slander for reportinge that he tooke a false oath against him; The said John desyred that this difference might be tried by a private heeringe below in the River: Mr. Moxon referred himself to the Judgment of ye plantation present whether it were fitter to be heard by a private refference below in ye River, or tryal here publikiy by a Jury. The generall voat of the plantation is that seeing the matter is publik it should be publikly herd & and tryed her by a Jury : Liberty is granted to John Woodcok to produce his witnesses against this day fortnight being the 26 of December. Also at the said tyme Jo: Wood- cok is warned to answer for his langhnege in sermon tyme; this day at the Lecture.
This case was postponed from the 26th to January 2, 1640. The
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SPRINGFIELD, 1636-1886.
alleged false oath was at Hartford, and Mr. Moxon demanded £9 19s. damages for the slander. Owing to a paucity of men in the planta- tion, three of Mr. Moxon's witnesses - Robert Ashley, Henry Smith, and Samuel Hubbard - were also upon the jury. The minister scored a verdict of £6 13s. 4d. A warrant was at once issued, and when Mr. Moxon gave it to the constable, Woodeock exclaimed that he owed " Mr. Moxon no money, nor none he would pay him." There must have been quite a scene, for Mr. Pynchon took down Wood- cock's declaration that he was ready to repeat his offence.
The absolutism of the town-meeting could not be better illustrated than in this case. It here performed the offices of judge, grand juror, and legislator. As judge, it decided not to order a change of venne ; as grand juror, it presented the man for trial ; as legislator, it decreed, as it had before, that the case should go to a jury of six, instead of twelve, as the colony laws decreed. It might be wondered what there could be left for the magistrate to do under such an all-pervading democracy. William Pynchon was always moderator of the town- meeting, and thus the lines of his political and judicial prerogatives were often blended. As moderator at this meeting of the town, he would put the question proposed by Woodcock, that the case go to Hartford for private reference ; while, as magistrate, he would sum- mon the jury to try the case, administer oaths, and receive and record verdicts.
The plantation had now been nearly a year independent of the Con- necticut authorities, and Woodcock's proposal to refer the case there was undoubtedly in keeping with his character as a querulous and irrepressible man, who delighted in irritating and annoying his neighbor.
CHAPTER IV.
1640-1643.
Revival of the Charges against William Pynchon. - His Trial before the Windsor Church. - Connecticut claims Woronoco (Westfield). - Massachusetts protests. - The Arrival of Elizur Holyoke, Samuel Chapin, and others. - Goody Gregory fined for Profanity. - Fire Ladders. - Woodcock vs. Gregory. - Price of Labor. - Second Division of Planting-Grounds. - Marriage of Mary Pynchon.
IMPERFECT records prevent the rehearsal in detail of the second trial of William Pynchon upon the old charge of speculation in trade to the detriment of the public. The charge was brought by certain members of the church at Windsor, Conn., the object being to withdraw from him the right hand of Christian fellowship. The date of the appearance of Mr. Pynchon at Windsor has not yet been discovered. Indeed, none of the historians speak of this trial at all, even the Windsor church records making no mention of it. It is only through a correspondence that followed Pynchon's second trial that we can get any idea of the proceedings. One wonders what jurisdiction the Windsor church had over Mr. Pynchon that warranted a summons to appear there. The natural conjecture is, that the friends of Cap- tain Mason - who, by the way, was a member of the Windsor church - had attempted to make a demonstration against the Agawam magistrate, for its moral effect. There was a close con- nection between Agawam and Windsor during the first few years, and it is known that Mr. Pynchon took a letter from the Roxbury church to the Windsor church. We propose to give in full the ver- dict of the Windsor church. It reached Agawam Sept. 21, 1640, and has never before appeared in print. Any one is at liberty to draw conclusions ; the account of the first Pynchon trial already given will make further explanations unnecessary.
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SPRINGFIELD, 1636-1886.
Sept. 6, 1640. The Church beinge assembled, to determine whether Mr. William Pinehons answers were satisfactory to ye brethrens offenee, at his fay- linges in ye trust of tradinge eorne, for ye supply of ye country, contained in 5 Articles p'sented to him by ye said brethren, resolutely as followeth. To ye first Charge that he made show yt corne could not be procured at the price mentioned in ye order, when ye Capt at ye same time traded under, weh is interpreted as a declining in ye Service. Mr. Pinchon answered, yt he could not gett any quan- tity, at the price in ye order, to wch the Church replyed, he could not resolve soe great a matter, soe soone as in one or two dayes experience, soe as to write about ye alteration of ye price.
2. That he was bound certainly for 300 bushells at yis rate, though he should not save by it. To wch his returne was, yt his servant left at home wth instruc- tions to trade what he could, did informe him in what he wrote, & also affirmed yt the 500 bushells was subject to ye proviso in ye one of ve order, yieldinge him power to rayse the price of that also. Concerninge weh answere, & replies, ye Church determined yt they were not satisfactory, for yt first, his servant in ye intrim of his beinge at Court, conkl not aet wth respect to ye conntrys neces- stys. nor his bargaine, certaine for 500 bushells, & so could not informe him sufficiently to bottome what he wrote. And secondly, the words of the order beinge directly agst his reply, & the Magistrates being confident, yt the bargaine was certaine for 500 bnshells, we see no reason, to rest in his private apprehen- sions to ye contrary. Thirdly, his direction being, to certify ye Magistrates how corne came in only, he added a clause of ye alteration of ye price also, weh to us is an appearance of his declining in ye trust and contract.
2. That when Capt Mason, wth others, came up to trade corne accordinge to ye power reserved in ye order he refused to further them wth these words, I will neither meddle nor make. To wch, when Mr. Pinchon answered ye Captaine eame not up according to ye order, the Church then read and showed him ye Capts order in ye Record - and it appeared to agree wth the exception in Mr Pinchons Order.
1. Against wch Mr Smiths testimony was produced, witnessinge, that amongst the orders & rolles in ye gen'all Co'te, he found an order authorizinge Capt Mason to trade as before to wch were most of ye Magistrates, & many of ye Comittees hands together wth Mr Hookers, Mr Stones, & Mr Whitinges, for yt this order seemed not to proceed from ye Magistrates, but from ye gen'all Cort, or rather from neither. Concerninge wch the Church determination is, yt Mr Pinchons answers, backed wth Mr Smithes testimony, doth not take off ye charge, for that uppon due examination of ye said rolles, & orders, off ye gen'all Cort, it
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appears Mr Smith was mistaken, for yt was ye originall order, warrantinge ye Capt, wch was after recorded in the booke, & it was granted by 5 Magistrates only, & whereas some Comittees, & the other brethren hands are to ye said order, yt was, to testify one clause in ye order, respectinge ye Countryes Complaintes & necessityes only ; & not to ye warrant granted, for wch we, haveinge their oathis offered, doe beleeve wt is here answered ; soe yt ye Capts authority beinge approved, we cannot justify Mr Pinchous refusall, to further ye Countryes service.
3. To the 3d article, That whereas the Captaine desired him to take away the Indians feares, he found that after his private Conference wth the Indian, the Indian was more unwillinge to trade than before, to wch, when Mr Pinchon answered, the Indian was unwillinge frm ye begininge, the Church replyed, oath was made to ye Cort yt the Indian was willinge, & and that his cominge to gett leave, argued his willingnesse to trade wth leave.
Unto weh Mr Pinchon returned, yt he did not discorage, nor dissuade ye Indian to trade one way or other, otherwise than what he might gather by their meas- nreing ye baskett, & other like passages, & then correctinge himselfe by that time, ye register had written his answers, & read it to him, he said he did not dis- co'age nor dissuade the Indian from tradinge in his own way ; but for discorag- inge or dissuadeinge in the Capts way -he answered not. Concerning wch the Church determines, yt his answere is not satisfactory for yt they judge the Capts way lawfull, though Mr Pinchon thinkes otherwise. And M' Pinchon not denying ye charge of discorageinge ye Indian in tradinge wth the Capt. in the Capts way, falls under the charge; for yt the Church hath noe reason to put the plaintife to prove ye charge, untill it be denied by the defendant.
4. To ye 4th charge that he Used disco'agemt to Goodman Stebbins, & others, whoe were said to trade, wth power to take one of his servants wth them, & he seemed unwilling yt his servant should goe, & said if he went, he should doe them little good, & said also, that there was little corne to be hadd at Pacomtuk, & that wch was, was promised him; & other like thinges; whereas they found his man did them little good, & also that there was very much corne at that place, & traded much in that place.
To wch Mr Pinchons answere was, yt he remembered not these words, con- cerninge his mans doinge them noe good, & yt he might seeme unwillinge to send him he beleevethi, for yt there was a clause in their warrant, concerning tribute, & a compelling way of trade, wch were against his judgint, & that tis likely he might ingage the Indians to promise him corne, beinge imployed therein for ye country. Concerninge wch the Church determination is, yt his
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answere concerninge the corne promised him, & other things, as the Indians being from is satisfactory. But Concerninge yt of his servants doeinges them noe good, the Church havinge but one witnesse, doth demur, & cannot determine further.
To ye 5th charge that notwithstandinge, he could not but take notice of ye necessityes of ye country, by ye Gen'all complaints, & comissions granted to severall persons, he yet omitted ye trust comitted to him, by order of Corte, & did not satisfy the intent of ve said trust, first or last.
To weh Mr Pinchon answered. 1, yt it was much to his greife, that he could not answere the necessityes of his brethren; but he was hindered therein by others that ingrossed ye trade, by goeinge a way of power, weh interrupted a free trade. And 2ły that he takes himself discharged of his trust, by ye gentall Comis- sions, granted unto others.
Concerninge wch the Church's determination is, yt the Answeres doe not take off the charge - for yt 1, Mr Pinchon was obliged certainly to bring in 500 bushells, that weh he presumed to have wthin his power, when he made ye con- clusion. 2nd for yt ye substance of corne yt was procured by these Comissions was soe procured about the middle of May, & his order made, in ye beginninge of March. Soe yt for 2 monthes space, he was little hindered by those Comis- sions. And lastly, for yt wee judge his judgmt was not soe sound, resolveinge by noe means to alter his former way of trading to witt, in stayinge, till the Indians brought downe their corne ; for we deeme his brethrens necessityes was a ground, sufficient to alter the way of trade, as we see, it seemed afterwards to Mr Pinchon, & his friendes, beinge pressed thereunto, by their owne necessitye, when yet their brethrens necessityes did not soe farre, prevayle wth them.
JOHN WARHAM EPHRAIM HUITT JouN WITCHFEILD In ye name of ye Church
Ree'd this answere & Ire 21 Sept. 1640. Mr Huitts Ire wth it dated Sept. 15, 1640.
Mr. Pynchon took from the middle of September until October 24 to prepare a protest against the above decision. It was a good specimen of special pleading, and showed what his published works show, - a keen and logical mind, and a sense of justice which not
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SPRINGFIELD. 1636-1886.
even the ill-will of a whole province could shake. After reviewing the evidence he sums up by saying : -
So then as I made it plaine to the Co't, wt I payd to ye Indians, viz., 6 sixes a peck, & asked noe increase of that price uppon the country, soe, also, the Co't manifested their desire, ye I should not loose; & therefore it is added, if I were forced by the Indians to rayse the price, then the Country must rise so much. Yea the Co't did cut off all hope of raysinge anythinge into my purse, though I were forced to rayse the price weh the Indians, because I am used to receive a certain sett sum for my labor in tradinge (viz. 43 p bushell in Wampam at 3. a penny) as a servant, & not to rayse any further gaines into my purse, as a Merchant.
In short, Mr. Pynchon could not make any money by raising the price of corn under the contract ; therefore, the charge against him fails to give a motive for his alleged short-comings.
Mr. Pynchon's first letter to Hartford, informing the authorities of the unwillingness of the Indians to bring in corn, had given great offence, because it contained a recommendation or suggestion as to what policy to pursue. This recommendation also figured against Pynchon at Windsor. "Can a church or any else," adds Mr. Pyn- chon, " deny me liberty to expound my own thoughts by way of advice to the magistrates?" The case reduces itself to this : Agawam was situated upon the border of the planting-grounds. Mr. Pynchon was the natural man to furnish Connecticut with corn ; he made a contract with the river towns by which he could receive no commission or speculative gains whatever the price might be ; he found that the conditions were difficult to fulfil. Captain Mason, the warrior, was then sent up with an armed force to trade, and there was trouble, of course. We will content ourselves with but one more extract from Mr. Pynchon's protest, detailing, as it does, the results of Captain Mason's excursions : -
If the Capt had gone in a way of trade only to the Indians, at Messaco & Paquannuk, & other places neare yore townes wth whome I had noe tradinge
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SPRINGFIELD, 1636-1886.
in corne, it had beene more tolerable. This had been dispensinge wth the proviso in the order.
But after this he went to Woronoco, & amongst our Indians, & he would alsoe have traded wth them at Kamotuk & Pacomtuk. such Indians wth whome my trade mainly lyes, & from whome I expected what I was likely to trade for ye Country. Is this not a plaine turninge mee out of the saddle, to take the Markett out of my hands eyther by tradinge wt corne the Indians have to trade, or else (wch is as bad), cominge in the name of the English Sachems, laying open to the Indians, the wants of the English, & puttinge Wampam uppon them on trust, to put the Indians uppon such new thoughts & consid- erations, yt I can have no more Corne from them, to speak off: ffor now I tooke notice that uppon the capt cominge upp among ye Indians, there was such a hubbub, or strange alteration among all of ye neighbour Indians, that they would not trade soe much corne wth mee as might supply ones owne necessetyes, which were as great if not greater than yours.
My trader, divers of my familye, & Sundry others of our plantation, felt the smart of this alteration amonge the Indians, & hadd good cause to remember it, as well as myselfe to this day. The conditions uppon wch I made my bargaine wth the Corte and Country, was, (besides tearmes of price) that the wants of the Country might be kept seerett. 2. The price kept downe. 3. that none by cominge upp to, or amongst the Indians to trade corne, should forestall my Markett, the order represses two of these, & includes the third, & yett all these conditions were broken by the Capt and that Assembly that sett him on Worke. I do verily thinke this, (yet I should be gladd to see any grounds to alter my thoughts), that the plaine and true English of the matter about sendinge up the Capt by that Assembly then is this : When they received from mee that letter, about wch such adoe is made, through mistakinge, if not pervertinge my mean- inge, they entertained a prejudice agst mee & my faythfulnesse, abont the trust reposed in mee. This prejudice brought their minds into a hurry wt Course to take for ye Countryes supply, and their minds beinge in a hurry, they intended not the true intent of the contract wth me, cast off great parte of their hopes of supply from mee, supposinge mee not faythfull & carefull enough, seeking mine owne ends, not the public. Uppon these suppositiones, & jealousies, they con- sider it needful to appoint another gen'all trader yt might more speedily and diligently supply the Countryes wantes, and soe not attending the first contract wth mee, according to the true intent of the proviso, nor yet allowinge due & convenient time, to try wt I could & would have done, for performance of the bargaine, they ran into such disorder & injustice as I now complaine off.
,
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SPRINGFIELD, 1636-1886.
After the Windsor church had condemned Mr. Pynchon, he ap- pealed to Mr. Eliot and the Roxbury church. There are indications that he and his witnesses were at Roxbury at the time that several Con- necticut men were at Charlestown. At any rate, the Roxbury church notified Mr. Pynchon's accusers when they were at the Bay that the charges were being examined by the Roxbury church, which after a thorough examination completely vindicated Mr. Pynchon. Thus the Connecticut General Court and the Windsor church condemned Mr. Pynchon, and the Massachusetts General Court and the Rox- bury church stood by him.
It was at the town-meeting of April 16, 1640, that the important vote was passed changing the name from Agawam (which was the Indian name for meadow) to Springfield, after Mr. Pynchon's Eng- lish home. The spelling as it stands on the record is " Spring- feild."
But we are not yet done with the complications which feelings of mutual distrust had precipitated between Springfield and Connecticut. The latter showed a disposition to lay claim to lands over the Massa- chusetts line, and a veritable tempest was roused by the Connecticut court, which passed an order that " Ed: Hopkins, Esqr. now Gover- nour, shall have the benefitt and liberty of free trade at Woronocoa & att any place thereabout, uppon the River, and all other to be re- streyned for the terme of seaven yeres, and the land to be purchased for the Comonwelth." This region, which is the site of Westfield, was in the heart of the beaver grounds. As soon as communication could be established with the Bay the matter was fully ventilated, and this letter to Connecticut was drawn up by the Massachusetts General Court : -
It is greivos to ns to mecte wth any oceation that might cause difference to arise betweene yor people & us, standing in so near relation of friendship, neigh- borhood, & Christianity, especially : therefor o" study is (when any such arise) to labor the removeing of them upon the first appearance. Now, so it is, that wee have here certified that you have given leave to some of yor to set up a
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