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Papers of the Winthrop Family, Volume 4

Agreement of the Inhabitants of Springfield Appointing William Pynchon a Magistrate1
Inhabitants of Springfield

1639-02-14

February 14th 1638/39

Wee the Inhabitants of Aggaam vpon Quinetticott taking into concideration the manifold inconveniences that may fall vpon vs for want of some fitt magistracy amongst vs: Beinge now by Gods providence fallen into the line of the Massachusets Jurisdiction, and it beinge farr off to repayre thither in such cases of Justice as may often fall out amonge vs: doe therfore thinke it meet by a generall consent and vote to ordayne (till wee receave farther directions from the Generall Court in Massachusets Bay) Mr. William Pynchon to execute the office of a Magistrate in this our Plantation of Aggaam viz: To give oathes to Constables or millitary officers to direct warrants both process executions and attachments, to heare and examine misdemeanors, to depose witnesses, and vppon profe of misdemenors to inflict corporall punishment, as whippinge, stockinge, binding to the peace or good behaviour, and in some cases to require suirtyes, and if the offence require to committ to prison to committ dilinquents to the charge of some fitt person or persons till Justice be satisfyed. Alsoe in tryall of actions for debte or trespass to give oathes, direct Juryes, depose witnesses, take verdicts, and keepe records 99of verdicts, Judgements, executions: and what ever else may tend to the kings peace, and the manifestation of our fidelity to the Bay Jurisdiction; and the restrayning of any that shall violate Gods lawes: or lastly what soe ever else may fall within the power of an assistant in the Massachusett.

It is alsoe agreed vpon by a mutuall consent that in case any action of debte, or trespass be to be tryed, seinge a Jury of 12 persons fitt cannot be had at present amonge vs, that 6 persons shall be esteemed and held a sufficient Jury to try any action vnder the some of ten Pownds, till we shall see cause to the contrary, and by common consent shall alter this nomber of Jurers or shall be other wise directed from the Generall Court in the Massachusetts.

1.

W. 4. 166; 5 Collections , I. 487–488. For Pynchon, see Proceedings , LXIV. 67–107; D.A.B. This document is in the handwriting of Henry Smith, Pynchon's son-in-law.