Plymouth, Massachusetts, Colonial Court Cases

At a Court of Assistants holden the fift Day of May, in the xxijth Yeare [1646] of the now Raigne of or Souraigne Lord, Charles, by the Grace of God King of England, Scotland, France, & Ireland, Defendor of the Fayth, &c. . . .  

Vpon informacon of an affray was made vpon Vssamequine and some of his men by Willm Cheesborrow, of Seacunck, als Rehoboth, and some others, the Court doth order, that a warrant shalbe forthwth directed to the constable of Rehoboth, to apphend the body of the said William Cheesborrow, and to cause him to be brought from constable to constable, to his mats goale at Plym, there to remayne vntill he shalbe thence deliued by due course of law. 

– Vol. I, 98, 99. 

 

At a Genrall Court holden at Plym aforesd the second Day of June, in the xxijth Yeare [1646] of the Raigne of our Souraigne Lord, Charles, by the Grace of God King of England, Scotland, France, and Ireland, Defendor of the Fayth, &c. . . . 

William Cheesborrow, of Rehoboth, for mending two locks for peece at three shillings a peece, and for his abuse of Vssamequin, as the case now stands betwixt us and him, and for his breach of ymprisonment and flying to a forraigne goument, and leaueing this, is censured by the Court to be ymprisoned fourteene dayes, wthout bayle or mainprize, and to pay six pounds fine to the colonies use. 

Thomas Hitt, of Rehoboth, for takeing pt with Cheeseborrow in the affray made vpon Vssamequin and his men, is fined twenty shillings, & for his contempt. 

– Vol. I, 100, 103. 

 

Att the Court of Assistants held att Plymouth the fourth of August, 1658. . . .  

Att the Court aboue expressed, Capt Richard Morris complained of som injuries, both by speech and carriages, offered vnto him by som Indians bordering vpon Rood Iland, within the lymetts of this goument. One of the said Indians, being now att ye Court on other occations, was by the Court to carry soe noe more; but incase any materiall differences should arise betwixt the said Morris and them theire, that they should repaire to the Court, and make their complaint, and shalbee heard. 

– Vol. III, 147, 148. 

 

Att a Court of Assistants holden att Plymouth the sixt of December, 1659. . . . 

Att this Court, James Cole, Senir, and Edward Gray appeered, to lay claime to a pcell of iron wedges that were brought from Taunton, which an Indian had stolen and sould att Taunton; but the Court, haueing not cleare light to determine whose the wedges are, caused them to bee cecured vntill the Indian that is supposed to haue stollen them can bee apprehended and examined, and therefore tooke a course that the Indian should be apprehended. 

– Vol. III, 177, 179. 

 

Att the Generall Court held att New Plymouth the fift of March 1660. . . . 

Att this Court, a certaine Indian called Caucantawashuck appeered before the Court, haueing bine committed to prison for stealing diuers thinges from diuers psons att Taunton, which was proued to his face, and by him owned and confessed. Hee was heard and examined, and againe comitted to prison, and sence hath broken prison and is fled. 

– Vol. III, 205, 209. 

 

Att the Court of Assistants held att Plymouth the 3d Day of May, 1664. . . . 

Concerning a controversye betwixt John Rushell, of Acushena, and an Indian, about a pretended cure wrought by him on the said Indian, whoe had bin sicke, the said Rushell afeirming that the Indians had giuen him his gun in satisfaction for the said cure, hee complaining that sundry Indians, to the number of fiue, came into his house, an in an hostile manor tooke away the said gun, the Court ordered, that for his charge and paynes with the said Indians as towards his cure, that hee, the said Indian, shall pay vnto the said Rushell the sume of twenty shillings, and his gun to bee deposeted in the constables hands till the said 20s is payed; and that the said Indians, vizt, Wooham, Pagenatowin, Weesunka, Sucquatamake, and Chacapaquin, for theire said hostile and insolent carriage on takeing away the said gun, bee fined to the vse of the collonie fiue pounds, vizt, twenty shillinges a peece; and wheras the said Rushell was found blame worthy, in takeing vp of an axe, and indeauoring to improue it against the said Indians in a turbulent and dangerous manor, the Court reproued him for his soe doeing, and admonished him to take heed of doeing noe more soe, as hee will answare it att his prill. 

– Vol. IV, 56, 57-58. 

 

Att the Generall Court of Election holden att Plymouth the eight of June, 1664. . . . 

In reference vnto the complaint of an Indian called Joseph, liueing neare Taunton, that Mr Gyles Gilbert had killed one of his hoggs, the Court, haueing heard the complaint and defence, haue some ground to suspect that the said hogg was killed by the said Gyles Gilbert, haue therfore ordered, that incase the said Gilbert shall and doe pay vnto the said Indian twenty shillings att his demaund, that then the said case shalbee soe issued; but if otherwise, vpon the further complaint of the said Indian of neglect heerof, the said Gilbert is responsible to answare his complaint att Plymouth, and for that end that Thomas Jacus, the servant of the said Gilbert, bee warned to appeer the next Court to giue testimony in the x x 

– Vol. IV, 60, 66. 

 

Att the Generall Court of his Matie held att Plymouth the 7th of March, 1664. . . . 

In reference to a cow and a steer belonging to Gabriel Fallowell that were taken in the trapps of Harry the Indian and his son, called Samuell Harry, which said cattle were soe hurt as the owner was constreyned to kill them, and thereby were greatly damnifyed, the Court haue ordered, that they, the said Indians, shall pay to him, the said Gabriell Fallowell, of his assignes, the sume of foure pounds, vizt, forty shillings the next Indian haruest, and the remaining forty shillings Indian haruest come twelve month, in good and current pay. 

– Vol. IV, 81, 82. 

 

Att the Court of Assistants held att Plymouth the 2cond of December, 1665. 

Att this Court, an Indian, called John, haueing bin comitted to prison for stealing of a gun and an axe from Willam Harvey, of Taunton, forasmuch as neither the said Harvey nor any other appeered att the Court to procecute against him, hee haueing bine longe in durance and vndergon much hardship, hee was ordered by the Court to repaire to the said Harvey, and either by worke or otherwise to satisfy the wrongs done him by takeing away his said goods; and soe the said John, with warning to doe soe noe more, was sett att libertie. 

– Vol. IV, 111, 112. 

 

Att the Court of his Matie held att Plymouth the fift Day of July, 1666. . . .  

Att this Court, a certaine Indian named Daniell, allies Tumpasscom, was presented before the Court and examined conserning his strikeing of Samuell Hickes, of Acushena, soe as the said Samuell Hickes languisheth and is in danger of death; hee, the said Indian, confesseth that hee strucke or punched the said Hickes with an axe or the helue of it, but saith that the said Hickes first strucke him; the said Indian was returned to prison, there to remaine in close durance vntill the last Tuesday in October, 1666. 

– Vol. IV, 132. 

 

Att the Generall Court of his Matie held att Plymouth, for the Jurisdiction of New Plymouth, the 31st of October, 1666. . . . 

In reference vnto an Indian called Daniell, allies Pumpanaho, for his dangerously striking of Samuell Hickes, wherof hee hath languished and hath bine in danger of death, and although recouered, yett much hindered in his time and occations, wherfore the said Indian is centanced by the Court to pay vnto the said Samuell Hickes the sume of four pounds and four shillings in reference vnto his bill of charges, and forty shillings for the losse of his time, and ten shillings vnto John Haward for his coming to Plymouth with him by the constables order. 

– Vol. IV, 134, 138. 

 

Att the Generall Court of Election held att Plymouth the third Day of June, Anno Dom 1668. . . . 

In reference vnto the complaint of an Indian called Powas against Peter Pitts of Taunton, for detaining of his gun from him on pretence of none pformance of a bargaine about breaking vp of ground, the Court haue ordered, that the said Indian shall breake vp twenty rodd of ground for the said Peter Pitts; and when that is don, hee shall haue his gun returned to him againe in good culture. 

– Vol. IV, 179, 183. 

 

Att the Court of his Matie held att Plymouth, for the jurisdiction of New Plymouth, the 29th of October, 1668. . . . 

In answare vnto a letter from Phillip, the sachem of Pocanokett, &c, by way of petition, requesting the Court for justice against Francis Wast, for wronge done by him to one of his men about a gun taken from him by the said Wast, as alsoe for wronge done vnto some swine of the said Indians, the Court haue ordered the case to be heard and determined by the celect men of Taunton, and incase it bee not by them ended, that it be refered vnto the next March Court att Plymouth to be ended. 

– Vol. V, 4, 6. 

 

Att the Court of Election holden att Plymouth the first Day of June, Anno Dom 1669. . . . 

In reference vnto Francis Wast, his takeing an hogg from an Indian neare vnto Mattapoisett, on pretence that that the said Indian had forfeited his hogg by marking of him contrary to order of Court, the Court haue ordered that hee pay the sume of thirty shillings to the said Indian; and wheras hee tooke a gun from the said Indian, that hee speedily returne him his gun againe. 

– Vol. V, 17, 22. 

 

Att the Court of his Matie held att Plymouth, for the Jurisdiction of New Plymouth, the 8th of March, 1670. . . . 

In reference vnto an Indian called Will, for his vnsufferable, insolent carriage in oposing of and strikeing att the constable of Yarmouth with an axe, &c, was fined twenty shillings. 

– Vol. V, 52, 53. 

 

Att the Court held att Plymouth, the fift of July, 1671. . . . 

In reference vnto the complaint of John Rogers, Senir, of Duxburrow, against Willam Nelson, Junir, Adam Wright, and the Indian Willam, the son of the Blacke Sachem, for takeing vp his mare, and markeing her, and detaineing her, wherby the said Rogers is much damnifyed, the Court doe award the said Indian Willam to pay to John Rogers twenty shillings, and another Indian, called John, being found faulty in the said pticulars, is awarded to pay to the said Rogers ten shillings in currant country pay, att prise currant; and the said Adam Wright and Willam Nelson each of them ten shillings to the vse of the collonie. 

– Vol. V, 68, 69. 

 

Att the Court of his Matie held att Plymouth, for the Jurisdiction of New Plymouth, the fift Day of March, Anno Dom 1671. . . .  

In reference vnto a complaint of Samuell Harry, the Indian, against Francis Combe, about a hogg taken vp and killed by the said Combe, which hogg is found on examination to be the said Indians, the Court haue ordered that the said Combe shall pay or cause to be payed to the said Indian twenty two shillings, in porke or other currant pay to his content, within one month after the date heerof. 

– Vol. V, 84, 85. 

 

Att the Court of his Matie holden att Plymouth for the Jurisdiction of New Plymouth, the first of July, 1672. . . . 

The 12th day of September, 1672, two Indians, the one named James and the other Hobson, appeered before Thomas Prence, Esqr, Gour, and Mr Constant Southworth, Assistant, to answare for theire felloniously entering the house of John Macomber, Senir, of Taunton, and taking some mony out of his house; and on hearing and full examination of the case, they were centanced to pay to the said Macomber treble restitution, which is nine shillinges, in siluer or the vallue therof, and to suffer corporall punishment by whiping att the post, and to abide in durance vntill satisfaction is made as abouesaid; and likewise to satisfy the marshall for the charges of theire imprisonment, and then to be freed. 

– Vol. V, 95, 100-101. 

 

Att the Court of his Matie held att Plymouth the 29 & 30th of October, 1672. . . .  

It is ordered by this Court, that an Indian called Old John, allies Mopes, shall pay vnto Willam Swift six pound, to be deliuered in tarr att Sandwich, att or before the first day of May next, with the charges which hath arisen about a suite comenced att the Court of the Celect Men of the towne of Barnstable against the said Swift; and in defect of payment as aforesaid, then the said Swift is heerby impowered to seize on the body of the said Old John, allies Mopes, and to bringe him or cause him to be brought before the Gou or Court, whoe will take such a due course as that his just dues shalbe satisfyed by the seruice or sale of him, the said Old John, allies Mopes; and vpon the Courts graunt of this order, the said Willam Swift did engage to acquitt and release Jedadia Lumbard from that engagement of his to the said Willam Swift on that accompt of the said Old John, or any other Indians whoe were his cecuritie. . . . 

Willam Makepeace, Senir, liueing att Taunton Riuer, for laciuious attempts towards an Indian woman, was centanced by the Court to be publickly whipt att the post, which accordingly was pformed. 

– Vol. V, 103, 105-106, 107. 

 

Att the Court of his Matie holden att Plymouth the 7th of July, 1674. . . . 

Att this Court Willam Maycomber appeered, being summoned to answare for his breach of the Sabbath in a high degree expressed by his goeing to an Indian house on the Sabbath day to demaund a debt, and otherwise abusing two old Indians, is fined forty shillings to the vse of the collonie, according to the law, or be publickly whipt. 

John Rickard, the son of John Rickard, and Samuell Dunham, the son of Samuell Dunham, for abuseing an Indian, and therin breaking the Kings peace, was fined, each of them, three shillings and four pence. 

– Vol. V, 148, 152. 

 

Att the Court of his Matie held att Plymouth, for the Jurisdiction of New Plymouth, the 27th of October, 1674. . . . 

Att this Court a natiue named Matthias, allies Achawehett, was indited for killing of another natiue named Joseph, allies Chachapanucke. Hee put himselfe on tryall by God and the countrey. 

The verdict of the jury was,–– 

Wee find him guilty of manslaughter by way of chaunce medley. 

The verdict being accepted by the Court, the said Matthias was oppenly cleared of being guilty of wilfull murder, and was released. 

– Vol. V, 152, 156. 

 

Att the Court of his Matie holden att Plymouth the first of March, 1674. . . . 

The Court, seing cause to require the psonall appeerance of an Indian, called Tobias, before the Court, to make further answare to such intergatoryes as shalbe required of him, in reference to the suddaine and violent death of an Indian called John Sassamon, late deceased, the said Tobias and Tuspaquin, the black sachem, (soe called,) of Namassakett, and Willam, his son, doe all joyntly and seuerally doe heerby bind ouer off theire lands, to the vallue of one hundred pounds, vnto the Court, for the psonall appeerance off the said Tobias att the Court of his matie, to be holden att Plymouth aforsaid the first in June next, in reference to the pmises. 

– Vol. V, 158, 159.