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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.

John Winthrop to Thomas Hooker1
JW Hooker, Thomas

1639-03

I received your large and lovinge Lettre.2 I am sorry to have putt you to so much trouble considering your imployments, and little leysure to attend such extravagants as my selfe. I observe what you write in 2 parts. The 1 makes me a little merrye, the other calls me to more searious Consideration. in the 1 you complain of the slanderous and reproachfull speeches of some of ours. they report that your Cattle doe not thrive, that your ground is barrin etc: these are more like the speech of a prophet I will leave in her a poore and afflicted people etc. I know you trouble not your thoughts with these things, except it be for recreation. it is well they have no worse matter to laye to your Charge if they had added that you had kept poluted night assemblys, and worshiped the head of an asse etc: then they had sett on with the weight of the old illegible.

Yet if you could shewe vs the men that reproached you, we should teache them better manners, then to speake evill of this good land God hath brought vs to, and to discourage the hearts of their brethren: only you may beare a litle with the more moderate of them, in regard that one of yours Jo: Pratt3 opened the doore to all that have followed and for that they may conceive it as lawfull for them to discourage some with vs from forsakinge vs to goe to you, and for yours to plott by incouragments etc: to drawe Mr. Shepherd and his wholl Church from vs. Sic fama est. For mine owne parte I knowe you have a most fatt and pleasant Country which you will finde, when ex­100perience (which vsually costs deare) teache you to improve it in the right kinde, for (as I sayd to some of yours longe since) you must turne your Cowes into flaxe and hempe, by which Course you may soone outstrippe vs, for that is a merchantable Comodity, and one acre with you will yield more then 4 with vs. (Provided allways that you secure Say brook.)

For the other parte of your lettre which concernes the differences between vs, I confesse I have sadd thoughts about it, which come to this issue, that seing we are brethren, one in consotiation, in the same work of God, in the same Community of perill, vnder the same envious observation, in the same relation for mutuall succour and incouragement in our waye, they must be composed, and if our feares prove true (for as yet we have not one shipp, no not for the fishinge) ere the 3 months be gone it wilbe no hard taske to reconcile vs, the fight will then be which shall have the comfort of yieldinge most but howsoever it fall out, yet we must live in peace and love, and blessed be God that hath fixt us in one minde in the trueth, which will make the matter the more easy. We all professe Christianity, we are now putt vpon some tryall for the practice of it. You know we have rules to walk by: one is that we should let the Cloke goe after the Coat; but (I suppose) you will not tye vs to that neither will we require it of you. we have another rule from the example of Abraham who in the division gave Lott the choyse (yet men think it had better become Lott to have yeilded that to his elder) If this will not serve our turn, then we have a 3 Rule Thou shalt bringe it to the Judges, if there be none competent, then thou shalt set vp Judges etc. I should be very lothe it should come to this as being too public and too violent a remedye in our Case. I have thought of a 4th (which I conceive lawfull thoughe I finde it not prescribed) viz: that you should yield in some things and we in the rest, but it is like you may prescribe some other, therefore I illegible of nothinge. truly Sir, you have my naked thought of this matter, so farr as the Lord letts me see mine own heart, which I find very deceitfull when it is at best.

I would not meddle with the particulars for I had rather they were buried then aggravated, but if matters must come to be scanned, I doubt not there will appear some reason on our part, and that the occasion of your greatest greif arose wholly from your own Comission without any thought of ours tending that torn decline it never so confidently.

John Winthrop Ca. March, 1638/39
1.

Essex Institute; L. and L. , II. 421–422. The letter is Winthrop's rough draft written on the blank inside pages of Emmanuel Downing's letter to him of March 2, 1638/39.

2.

See Thomas Hooker to John Winthrop, ca. December, 1638 (pages 75–84, above).

3.

For John Pratt, see Winthrop Papers, III. 240, n. 2 n. 3 .