USA > Connecticut > Hartford County > Windsor > The history and genealogies of ancient Windsor, Connecticut, Vol. I > Part 11
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To the 3d Prop. " We say we know not of any one that hath been troubled by us for not attending his conscience, provided he hath not disturbed the publique."
Surely this is sufficient to refute the calumnies which have been hurled at the "illiberality " of the founders of Connecticut.
Thus constituted, the Inhabitants themselves managed the affairs of the town and transacted its business. They established the town meet- ing - which has been aptly styled " a little primitive nursery of republi- ran truth," and made it the duty of every man who was an inhabitant to attend it - subject to a fine for each failure without exeuse. These town meetings were convened as often as business or convenience die- tated. Sometimes by special appointment, " to publish some orders made at the General Court before" or "to read the Capital Laws; " sometimes " after lecture," or on " a day of training." when it was pro- sinned that most of the inhabitants would be in attendance.
The first officers created by the inhabitants, as the executives of their will, were townsmen, constables, and surveyors.
The duties of townsmen were similar to those of our present select- men, although more extensive and laborions. They were exempted from " watching. warding, and training," and were "chosen to order the affairs of the town," except cases of taxes, land grants, admission of new inhabitants, and making and repairing of highways. These mat- ters were reserved for the town. It appears, indeed, that many acts which the townsmen were competent to perform were referred to the people in town meeting assembled ; for we find the townsmen at one time issuing orders which are afterwards acted upon in town meeting. The town also held the power of retoing such actions of the townsmen as they did not approve, as for example :
" March 15, 1650. Also this day the order concerning sheep was published, and the town did not approve of the penalty set by the townsmen."
The seleetmen had authority also under the Code of 1650 (sce chapter on the Schools of Windsor ) to see that every child and appren- tice in their town was taught to read and write, and was educated to some useful " trade or calling," and to take charge of any whose parents or guardians neglected thus to educate them. Their supervision wven extended to the somewhat minute, and, to us, langhable office of examining the town's children in the catechism ! We wonder how our present worthy selectmen would look engaged as official catechumens?
The office of constable differed but little from that of the present day, except in its superior dignity. The very oath which he was obliged
OFFICERS OF THE TOWN.
to take betokens the important duties and solemn ofdigations with which he was vested.
"1. A. of W, do swear by the great and dreadful name of the everlasting God, that for the year ensuing, and until a new be chosen, I will faithfully execute the office and place of a constable for and within the said plantation of W. and the limits thereof, and that I will endeavor to preserve the public peace of the said place, and Commonwealth. and will do my best endeavors to see all watches and wards executed, and to obey and execute all lawful commands or warrants that come from any Magistrate or Magistrates. or Court, so help me God, in the Lord Jesus Christ."
Among his other duties, the constable was captain of the watch, or chief of police, in the town where he resided.
He was indeed the arm of the law, and the embodiment of its maj- esty. For many years after the formation of the colony, the appoint- ment of a constable by the court was considered as a valid incorpora- tion of a town, which became thenceforth liable to taxation and entitled to representation.
Mr. Henry Wolcott, the first constable of Windsor, was appointed by the General Court in 1636, and John Porter became the next inem- bent in 1699. The number was afterwards increased to two, and the power of appointment invested in the town. The following extract from the records would imply that it was an office much sought after: " Feb- ruary 6, 1666. This day was a town-meeting warned by the constables. wherein some of the Commonwealth Laws were read, and new constables chosen against the court in March next, and they were, after much con- tending, John Strong and Benedictus Alvord for the year ensuing."
In 1639, the office of town recorder, or clerk, was first established by the court. He was to keep a record "of every man's house and land," of all bargains, mortgages, etc., and to present a transcript of the same. " fairly written," at every General Court, to be again recorded by the see- rotary of the colony. He was also to keep a record of births, marriages, and deaths - notice of which was to be handed in to him within three days, on penalty of 5%. time. Dr. Bray Rossiter, a man of line education and much distinction in Windsor, was the first occupant of the office, which he held until his removal to Guilford, in 1652. He was succeeded by Matthew Grant, and he by Timothy Loomis.
Surveyors. Of these, two were chosen annually, whose special duty was to survey the lines of fences and common lands, and to attend to the construction and preservation of highways, etc. It was an office of umch responsibility, and was for many years most ably filled by Matthew Grant, who was also the second town clerk. In a deposition (now on file in the State Library at Harford ), concerning some disputed lands in 1675, he says: "I have been employed in measuring of land and getting ont of lots to men, which has been done by me from our first he-
86
HISTORY OF ANCIENT WINDSOR.
ginning here, come next September is 10 years." Few men, indeed, filled so large a place in the early history of Windsor, or filled it so well, as honest Matthew Grant. His name figures in almost every place of trust, and the carly records of the town show that his duties were always conscientiously performed.
The chimney riewer was a sort of primitive lire-marshal, whose duty was to carefully examine all the chimneys of the town at regular inter- vals, and to exact a heavy fine for any failure to clean them. Ladders were to be provided for every house, " or trees in place of ladders," and the frequent orders of the town upon this subject show that great care was taken to prevent any accident hy fires. One of the earliest orders remaining upon the Windsor records is to this effect :
" February 24, 1650. It was ordered by the townsmen that whereas there is a former order that there shall be a good ladder provided for each house to prevent dam age by fire, it is now further ordered that all that shall be found defective the first of April next, not having a sufficient ladder to reach to the top of their dwelling house. shall pay the penalty of 12d per week for all the thue they shall be defective."
There were fence viewers also, who were to examine the fences and to see that they were " good and sufficient." They were to protect fences as well as the lands and erops which they enclosed, against the " felonious entrance " of unruly swine and cattle, or the equally felon- ious but more subtle " intent " of dishonest neighbors.
"At a County Court, holden at Hartford, Sept. 2, 1669: Present -- Mr. Samuel Wyllys. Mr. John Allyn, Mr. James Richards, Mr. Anthony Hawkins, Assistants.
* Nicholas Palmer complains of Jobn Fitch for removing of his landmarks and set- ting them up again upon his the said Palmer's land, which was acknowledged and owned in court by said John Fitch. The court having heard and considered the com- plaint, do judge it to be an offence of an exceeding heinous nature, and that it ought to be duly borne witness against; and yet. in regard there is no law doth exactly deter- mine what punishment shall be intheted for such an offence, this court is willing to show what merey they may in bearing witness against such evils, and therefore do adjudge John Fitch to be kept in prison till the first Monday in October, and then to be conveyed to Windsor, where the offence was committed, by their constable, and there to be publickly and severely whip'il, that others may hear, and fear to do any such wickedness."
In " May, 1654, Mr. New Imry and Thomas Orton [were chosen ] to view the Tences on the south side of the river. Nicholas Denslow and Walter Fyler on the north side of the river."
Twin brother to the fence viewer was the pounder. Woe to the cat- the of " high or low degree," who fell under the fence-viewer's condenna- tion, or were found innocently straying away from their proper sphere. All such were carefully and summarily jagged. The records of the town show that the pound was a very important public institution. In Matthew Grant's annual exhibit of town expenses, in 1661. is mentioned " for making 2 new pounds, 21: " and in 1675 there must be pay ordered to make 2 new pounds, Eo."
OFFICERS OF THE TOWN.
There were waywardens then as now, for we find many such records as this: " May 10, 1654, Goodman Moore and Samuel Gaylord were chosen to be surveyors of the highways for the year ensning."
The office of perambulator, or bound-goer, was one in almost con- stant commission, owing to the frequent disputes between different towns relative to their boundary lines. And although it was no sinecure, yet it seems to have been held in high honor, if we may judge from the per- quisites attached thereto. The item of " Liquor for boundsgoers " oceurs year after year, among the town expenses, with almost unfailing regularity. In 1669 is charged, " Mr. Wolcott for liquors for bonds- goers," the small amount of Gs. 3d .; and the next year, " Mr. Wolcott for liquors going the bounds, 2x 6d." In 1675 - Nathaniel Bissell for three days himself to run lines and a quart of rum demanded, 10s;" also, " John Bissell himself and horse + days east side of river 10%, and l'or 2 gallons cider he will have 2x."
February 14th, 1654. "Thomas Ford and John Strong chosen to be constables the next year. Also to go bounds or porambulation when Harford men call, Matthew Grant, Jacob Drake, and Simon Wolcott."
February 16th, 1665. " At a town-meeting the capital laws were read. Also, Jonathan Gillet and Abraham Randall were chosen con- stables. Also, Thomas Buckland and John Moses way-wardens, and to go bounds with Hartford men, Thomas Stoughton, Nath. Loomas, Sam- nel Grant."
There were also collectors, or bailiff's; as, for example: Dec. 31. 1672. - Ebenezer Dibble was by town vote chosen for town Baylif for this year ensuing, to go forth when required by the townsmen to fetch in town rates of those that refuse or neglect to pay their rates when de- manded, and the Baylif is allowed to take three ponce upon a shilling for his pains."
The brander of horses was a dignitary of no small degree. First established by the General Court in 1665, in each town, he was not only to brand, but " shall make an entry of all horses so branded, with their natural and artificial marks, in a book kept by him for that purpose,who shall have tid for each horse so branded and entered," and a penalty of €20! for every one who neglected so to do. The Windsor mark was the letter 1. There is still in Windsor, a book kept by Timothy Loomis. whilom town clerk, containing all the marks, &c., of every man's horses, jot down with a particularity which evidences the importance attached to il.
The office of lister (assessor), was one of the earliest created, but the mode of making assessments has somewhat changed since the olden time. In those days instead of appraising the value of the property assessed, the lands were classed into several grades, each grade bring
HISTORY OF ANCIENT WINDSOR.
enterel in the list at a given price : so also of cattle, horses, swine. dr. An exception to this rule of listing occurred in 1675, when in raising the tax for the support of the rivolet ferry, it was thought more equitable to lay the tax on persons and such property as was to be the most benefited. The taxpayers were divided into five classes. The first class was headed " Family, horse and four oxen." Of this class there were 29. Of - Family, horse and two oxen," there were 42: of - Family and horse," 37 ; of " Only families," 15: " Single men." 24, of whom 17 owned horses.'
! Those having " a family, a horse [ and] four oven.
Mr. J. Allyn.
Jas. Eggleston, - Stoughton.
Jon. Stiles.
J. Bissell,
An. Hoskins,
Owen Tudor. Step. Taylor,
Nat. Bissell, Joseph Loomis, Mr. Wolcot. John Terry.
Job Drake. N. Loomis,
11. Wolcol.
W. Thrall.
J. Ellsworth, J. Moses,
S. Rockwell.
T. Thrall,
J Osborn,
- Newbury.
John Strong.
R. Watson,
Jacob Drake.
Jon. Porter, Son ..
Nic. Sension,
N. Winchell.
And one other which could not be deciphered. Total, 29.
" Family, a horse [and] two oxen ":
John Bissell.
11. Denslow,
T. [ahan] Grant, J. Moor ..
Thos. Bissell,
Jos. Ellsworth.
Jon. Grant.
S. Marshall.
Sam. Bissell.
James Enno,
S. Gibbs
.J. Maudsly.
Timo. Buckland,
Ben. Eggleston.
(. Gibbs,
Jon. Oshorn.
Thos. Buckland,
Jolin Fyler,
W. Iloskins,
Jon. Osborn, Jr .
Nich. Buckland.
Will. Filly,
J. llosford.
John Owen.
Peter Browne Jas. Griswold,
D. Hayden.
WI. Phelps,
Sam. Barber, Jos. Griswold.
Mich. Kelsey,
Mr. Pinne,
Mr. D. Clarke,
Walter Gaylord.
lon. Loomis,
los. Phelps.
Ed. Chapman, J. Gaylord,
T. Loomis.
Job Drake. Jr . S. Grant (no horse). D Moore, Total, 49.
" Family and horse ".
Bon. Alvord.
Jno. Debble,
Vbm. Phelps.
R. Hayward.
Danl. Birge.
N. Holcomb.
Lft. Fyler,
T. Hall.
Sam. Baker. Jos. Lomas.
Zurob F'yler.
W. Buell, Ed. Messenger,
Sam. Filley.
Jo. Cross. And. Moore.
John Gillet, Sen ...
Hump. Prior.
[Rev. ] Mr. Channey, Peter Mills, Ion. Gillet. Ir.,
Alın. Randell.
N. Cook, losias Owen, Corn. Gillet.
T. Debble, Jr .
Jon. Porter,
lon. Gille1.
Hou Stiles.
Ebns. Debble,
Tim. Phelps. Jos. Gaylord,
[Rev ]Mr. Woodbridge Total, 3%.
S. Wilson. " single men ":
Josias Alvord. Eph. Frory, (?) horse, T. Egglestom, horse, Ebns. Parsons, horse. John Bitge, horse and Jon, Filley,
[underi. ] Moses [or
los. Sanders, horse. T. Saxton, horse,
Jos. Birge, horse,
and 2 oxen, Thos. Phelps, horse, Wido Fyler,
T. Burnham, horse.
Ilen. Tailer, horse,
Nat. Pond, horse,
D. Wilton,
E. Elmer.
1. Filley.
D. Treat, horse. Jas. Hillier, horse.
Thos. Parsons, horse. [One undeciphera-
J. Parsons, horse. ble.] Total, 21.
N. Pinne. Tim. Palmer.
R. Strong.
Jon [Tailer, h] orse Moore], horse.
89
ROGER WOLCOTT'S POETICAL RATE-LIST.
April 12th, 1654. There were four men chosen to take a view of the estate of the town for the year ensuing, according to the order of the Court.
David Wilton : Mr. Allen, Commissioners : Daniel Clark, Matthew Grant.
June 8, 1657. At a town-meeting there were chosen three men to take a list of the town estate according to order of court.
Mr. Wolcott, Commissioner ; Mr. Terry ; Mr. Hayden.
In this connection we present our readers with a curious piece of poetry composed by Governor Roger Wolcott, who not unfrequently amused himself in his leisure hours in "stringing rhymes."' It is en- titled, " The List of Mr. Roger Wolcott's Rateable Estate in former daies."
Sparkish Listers, alias Misters that do take the List
that you may here attend with feare and be exceeding whist
Acres of meadow land I've foure But know withall it is but poor three quarters of one aere more have I to add unto the score
I have a horse, but he's so thin His bones appear most threu his skin A winter milks, and new milk kine . 1 like wise have and two poor swine.
A yearling calf, a pretty creature. handsom in carriage and in feature another calfe I had last yeare but where he's now I cannot heare.
Which fills my heart with siths and groans, for feare the croos have picked his bones, he was so poor before he died they gather gauped for his hide but now he's gone both he and I In sorrow both a Sympathy.
Pray take this for a perfect list for I think there's nothing mist that doth belong to my estate for which I ought to bear a Rate.
Besides their town organization, the first settlers of Windsor had, in connection with their sister plantations, Hartford and Wethersfield, a State organization, dating from the very first month of their permanent settlement in 1636. Simple and almost patriarchal at first, enlarged by degrees as necessity or experience dictated, established and defined by the wise and admirable Constitution of 1639, and perfected by the Code of 1650, this organization has gradually developed itself into a State Government, which, by its permaneney and efficiency at the present day, does honor to the wisdom, the Christian integrity, and the political sagacity of those who framed it. Moulded as it was by the exigencies " Family only ":
W. Adams,
J. Drake, Sr., M. Filley,
Thos. Sanders,
T. Burnham, Jr ..
Jo. Denslow, Sam. Forward, R. Vore,
J. Volt, E. Elmer, J. Hodge, N. Wilton.
W. Morten,
J. Elmer. N. Palmer, Total, 15.
' This morceau of gubernatorial poesy and humor, was copied by us from a diary or commonplace book kept by Timothy Loomis, whilom town clerk of Windsor, and is un- doubtedly genuine.
VOL. I. - 12
90
HISTORY OF ANCIENT WINDSOR.
of a new settlement, and reflecting as it did the peculiar sentiment and aims of its founders, no one can study the carly judicial system of Con- netient without being convinced that it was far ahead of the cotem- porary legislation of its time, and that it was in every respect worthy of a people who had learned to govern themselves.
Plenty of courts they had : the General Court, the Particular Court. the Town Court, Colonial Magistrates, Arbitrators, and Committees, and among them all justice was amply satisfied.
The General Court was composed of the governor, the deputy- governor, the magistrates and deputies. These two last, answering to our senators and representatives of the present day, were annually elected from each town in the colony. This court made laws and prohibitions, gave counsel and administered censures, and occasionally attended, though extra-judicially, to questions of morals, manners, and religion, as well as matters of general interest.
The Particular Court was constituted by the substitution of twelve jurors in place of the deputies of the General Court. It dealt judicially in eivil actions, debts, and trespasses of over 40 shillings in value : and with grave crimes and wrongs.
The Town Court was established as early as 1639, when the General Court empowered each town annually to "choose out three, five, or seven of the chief inhabitants, whereof one be chosen moderator, who, having taken an oath provided in that case, shall have a casting vote in case they be equal; which said persons shall meet once in every two months, and, being met together, or the major part of them, whereof the moderator be one, they shall have power to hear, end, and determine all controversies, either trespasses or debts, not exceeding 40 shilings, pro- rided both parties live in the same town." The power of summoning parties before them for trial was granted to " any two or the moderator." Appeal from their decision to a higher court was allowed, although guarded to prevent unnecessary litigation : " But if it fall out there be no good ground for the appeal, the court to confirm the judgment, and give good costs, and fine or punish the party appealing." It appear that the higher court were simply to confirm the first decision, unless they found cause to reverse it : hence the necessity of providing some means to hold in check persons who might be disposed wilfully to annoy their neighbors with vexations law-suits.
The following items in the Windsor Records probably refer to these town courts:
"The Court kept this 25th June, 1669, was by Mr. Wolcott, assistant, Captain Neubery, Commissioner, and two of the townsmen, Deacon Moore and Matthew Grant."
" Jan 6. 1650. William Bewell, Plaintiff, against Joseph Loomis, Sen., defendant.
"An action for trespass and damage ? bushell of Indian Corn.
91
THE CODE OF 1650.
"In this action we finde for the plaintive, damage of bushells of Indian Corn and cost 2x. 6d.
" William Thrall, plaintiff, against Eltwed Pomeroy, defendant. An action 10 the damage £1 7x. Od. In this action we finde for the plaintiff, damage $1 7s. Od; Cost €0 38. 6d."
Magistrates were the assistants, or judges, of the Particular Court. They had power of enforeing laws and administering justice in the town where they resided, as well as elsewhere: and also of arbitrating all controversies. Their functions were quite ample, and perhaps somewhat undefined. The oath of office was as follows:
"1, A W, being chosen a Magistrate within this Jurisdiction for the year ensuing, do swear by the great and dreadful name of the everliying God, to promote the public good and peace of the same, according to the best of my skill, and that I will maintain all the lawful privileges thereof according to my understanding, as also to assist in the execution of all such wholesome laws as are made or shall be made by lawful authority here established, and will further the execution of Justice for the time aforesaid, according to the righteous rule of God's word; so help me God." etc.
The list of Windsor Magistrates will be found in another part of the volume.
The duties of arbitrators and committees, offices which were very frequently in use in the early times, are sufficiently indicated by their names.
All these means and instrumentalities of justice were firmly based on the immutable principles of truth and liberty ; and the rights of the people, both individually and collectively, were amply guarded.
THE CODE OF 1650.
As early as April, 1646, the General Court, finding a necessity of a more complete system of laws than the one then in use, requested Mr. Roger Ludlow of Windsor, the principal draughtsman of the Constitution of 1639, and " emphatically the jurisprudent of his day," to - take some pains in drawing forth a body of laws for the government of this Common- wealth. and present them to the next General Court, and if he can provide a man for his occasions while he is employed in the said service he shall he paid at the country charge." And at the May session, 1650, was for- mally presented and adopted the first code of laws in the history of our State; of which it has been well said that, " in view of the age in which it was formed, in view particularly of the circumstances of the Connecti- eut Colony, its newness, its family character, and its earnest and at times feverish estimate of the ends and claims of religion, no code was ever, upon the whole, more happily adapted to promote the interest and sustain the growth of fresh emigrants gathered in a new country to found a State."
By it every personal right was amply guaranteed, and every great
92
HISTORY OF ANCIENT WINDSOR.
interest of commerce, trade. and agriculture was protected with a wise and fostering eare. Of these things, however, we do not now propose to speak. But we may be allowed, perhaps, to dwell awhile on some of its more peculiar provisions, which, as reflecting the habits and spirit of our forefathers, are not only amusing, but instructive and appropriate to the purpose of our history.
We find that capital crimes were much more numerous then than now. It was a capital offense to worship any other than the true God ; to practice adultery, or the crime against nature, or rape ; or to blas- pheme: or to exercise witchcraft ; or to steal men or women ; or for children, " unless brought up in unchristian negligence," to curse, or smite, or be stubborn and rebellious towards their parents. Horrible and barbarous ! some readers may exclaim. And yet, when we consider that as late as the elose of the last century there were remaining on the statute books of Christian. enlightened England, 168 erimes, declared by act of parliament to be punishable by death, we must confess that the Code of 1650 was far ahead of its age, - far more humane.
Lying was in those days deemed a peculiarly heinous offense. As early as 1641 the General Court stigmatized it as a "foule and gross sin." and " Mr. Webster [of Hartford] and Mr. Phelps [of Windsor] are desired to consult with the Elders of both Plantations, to prepare instructions against the next court for the punishment of the sin of lying, which begins to be practiced by many persons in this Commonwealth."
This committee brought into a subsequent court a report that it should be lawful for the Particular Court to adjudge and censure any such party (convicted of lying) either by fine or bodily correction, as they shall judge the nature of the fault to require. In the Code of 1650 it is again severely denounced, and all persons above the age of 14 years, found guilty, are made punishable with fines, stocks, or stripes ; and all children under that age who " offend in lying" are to be punished by their parents in the presence of an officer, " if any magistrate shall so appoint." In the records of the Particular Court, May 18, 1664, we find that -
"John Bissell having made complaint of S- D- for reproachful speeches which she hath spoken against the wife of the said Bissell, the Court having considered the complaint do order that II- D- or his wife shall severely correct their daughter with a rod on the naked body in the presence of Mrs. Wolcott and Goode Bancroft this day, and in case it be not attended to this day, the constable is to see it done, the next opportunity, and the said S- is to give in security for her good behavior till the court in September next."
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