USA > Connecticut > Hartford County > Windsor > The history and genealogies of ancient Windsor, Connecticut : including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington, 1635-1891 > Part 11
USA > Connecticut > Hartford County > East Windsor > The history and genealogies of ancient Windsor, Connecticut : including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington, 1635-1891 > Part 11
USA > Connecticut > Hartford County > South Windsor > The history and genealogies of ancient Windsor, Connecticut : including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington, 1635-1891 > Part 11
USA > Connecticut > Hartford County > Bloomfield > The history and genealogies of ancient Windsor, Connecticut : including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington, 1635-1891 > Part 11
USA > Connecticut > Hartford County > Windsor Locks > The history and genealogies of ancient Windsor, Connecticut : including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington, 1635-1891 > Part 11
USA > Connecticut > Tolland County > Ellington > The history and genealogies of ancient Windsor, Connecticut : including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington, 1635-1891 > Part 11
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To the 3d Prop. " Wesay we know not of any one that hath been troubled by us for not attending his conscience, provided he hath put disturbed the publique."
Surely this is sufficient to refute the calunnies which have been hurled at the "illiberality " of the fonaders of Connecticut.
Thus constituted, the Inhabitants themselves managed the affairsof the town and transacted its business. They established the town meet- ing - which has been aptly styled " a little primitive nursery of republi- can truth." and made it the duty of every man who was an inhabitant to attend it - subject to a fine for each failure without excuse. 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 pre- smmed that most of the inhabitants would be in attendance.
The first officers created by the inhabitants, as the excentives of their will, were townsmen. constables. and surveyors.
The duties of twensmen were similar to those of our prosent select- men, although more extensive and labocions. 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 issubor orders which are afterwards acted upon in town meeting. The town also held the power of refoing 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 town-men."
The selectmen had authority also under the Code of 1650 (see chapter on the Schools of Windsor) to see that every child and appren- tive 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 even extended to the somewhat minute, and, to as, laughable office of examining the town's children in the catechism ! We wonder how our present worthy sel etmen 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
OFFICEPS OF THE TOWN.
to take betokens the important duties and soloun obligations with which he was vested.
" I. A. of W, do swear by the great mil dne offu! name of the everlasting God, that for the year ensuing, and until a new be chosen. I will faithfully . vecute 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 de public peace of the said place, and Commonwealth. and will do my bad endeavors to see all watches and wards executed, and to obey and execute all lawful commatols 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. et 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 theuerforth 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 incam- bent in 1639. The mumber 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: " Fel- ruary 6, 1666. This day was a towu-meeting warned by the constables. wherein some of the Commonwealth Laws were read, and new constables chosen against the court in March uest. and they were. after much con- tending. John Strong and Benedictus Alvord for the year ensuing."
In 1499, the office of fury recorder, or clerk, was first established in the court. ile was to keep a record " of every man's house and land." of all lapgains, mortgages, etc., and to present a transcript of the same. " fairly written," at every General Court, to be again recorded by the ser- rotary of the colony. He was also to keep a record of births, marriages, and deaths - notice of which was to be langled in to him within three days, on penalty of 5a, fine. Dr. Bray Rossiter. a man of fine education and much distinction in Windsor, was the first occupant of the office, which be 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 foures and common lands, and to attend to the construction and preservation of highways, etc. It was an office of much responsibility. and was for many years most aldy filled by Matthew Grant, who was also the second town clerk. In a deposition (now on file in the State Library at Hartford ). concerning some disputed lands in 1675. he says: "] have been employed in measuring of land and getting out of lots to men, which has been done by me from our first be-
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HISTORY OF SCHOPNY WINERY
winning here. cand next September is 4 years." Few men, jedel filled so large a place in the early history of Windsor, or fler : well, as honest Matthew Grant. His name figures in almost place of trust, and the early records of the town show that his duti were always conscientiously performed.
The de monet river was a sort of primitive fire marshal, whose duits 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 can was taken to prevent any accident by fires. One of the earliest onder remaining upon the Windsor records is to this effect :
" February 21, 1650. It was ordered by the townsmen that whereas the te is a former order that there shall be a good kubler provided for each how to prevent dam age by lin, 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 com . shall pay the penalty of 12" per week for all the thue they shall be defective."
There were Jener rievers also, who were to examine the fences and to see that they were - good and sufficient." They were to protect fonces as well as the lauds and crops which they enclosed. against the " felonious enfrance" of unruly swine and cattle, or the equally felon- ions but more subtle " intent " of dishonest neighbors.
"Ma County Court, Modeund Hartford, Sept. 2 1609; Present - Mr. Samuel Will ;- Me. John Allyu. Mr. Jan . Richards, Mr. Anthony Hawkins. Asisten. ". Nicholas Boliger complains of John Fitch for removing of Mi- Landmarksan. 14 ting them up again upon his the said Palmer's land, which was acknowledge auml owned in court by sad John Fitch. The court having hard and considered the can plaint, do judge it to be an offence ot sa everding heinous nature, and that it will to I duly Forge witness against, and set, in res and there is no hay dock evathy des- mine what pratislandet she'll be inflicted for sich an offence, this court is willing to show what moins they may in bearing witness against such evils, and theeretage de. adjudge Jolin Dich to be kept in prison till th . first Monday it Out iber, and then to be conveyed to Windsor, where the offener was committed, by their constabde and there to be puldarkly and severely whip'd, that others may har, and fear to do any such wickedness.
. In " May, 1654. Mr. New bury and Thomas Orion [were chosen] to view the feber on the south side of the river. Nicholas Denslow and Walter Fler on the north side of the river."
Twin brother to the fence viewer was the pounder. Woe to the rat- tle of " high or low degree," who fell under the fence-viewer's condenma- tion. or were found innocentis straying away from their proper sphere. All such were carefully and sommarily jagged. The records of the town show that the pound was a very important public institution. In Matthew thank's annual exhibit of town expenses. in 161. is mentioned " for making 2 new pounds. 54:" and in 1675 - there must be jas ordered to make 2 new pounds, 56." .
OFFICER- OF THE TOWN.
There were says wadens then as now. for we line many such records is this: " May 10, 1654, Goodman Moore and Samad Gaylord were chosen to be servevers of the highways for the year ensuing."
The office of peretoladator, or bound-guer, was one in almost con- stant commission, owing to the frequent disputes between different towns relative to their boundary lines. And although it was in sinecure, vet it seems to have been held in high honor, if we may judge from the per- Geistes attached thereto. The item of " liquor for boundsgoers" nepurs year after year, among the town expenses, with almost unfailing regularity. In 196! is charged. " Mr. Wolcott for lighets for hounds- goers" the small amount of tix. 37; and the next year, " Mr. Wolcott for liquors going the bounds, 2x 67." In 1675 - Nathaniel Bissell for three days himself to run lives and a quart of rum demanded. 108:" also, " John Bissell himself and horse 4 days east side of river 10%, and for 2 gallons cider he will have 2%."
February 14th. 1654. .. Thomas Ford and John Strong chosen to be constables the next year. Also to go boards or peramandation when Hartford men call, Matthew Grant, Jacob Drake, and Simon Wolcott."
February 10th, 1665. - At a down-meeting the capital laws were road. Also, Jonathan Gillet and Abraham Randall were chosen con- Mailes. Ala Thers Buckland and John Moses was-wardens, and to go bottle with Hartford men. Thomas Stoughton, Nach. Lomas. Sam- ne! Crant."
There were also collectors, or butifit's; as. for example: Dec. 31. 1672. - Barnever Dibble was by town vote chosen for town Baylit for this year cushing, to so forth when required by the townsmen to fetch in town rates of those that refuse or neglect to pay their rates when do- manded, and the Baylif is allowed to take three ponce upon a shilling for his pains.
The beunder of horses was a dignitary of no small degree. First established is the General Court in 1605, in each town, he was not only to breed, 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 lucye tid for each horse so branded and entered," and a penalty of 520! for every one who neglected so to do. The Windsor mark was the inter 1. There is still in Windsor, a book kept by Timothy Loons. whilom town clerk, containing all the marks, de., of every man's horses, put down with a particularity which evidences the importance attached tu it.
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 being
HISTORY OF ANCIENT WINDSOR.
entered in thebest of a given price: so also of cattle, heises, at ine. de. An exception to this rate of listing occurred in 1675, when in mising die tay for the support of the rivales fore, it was thought more equitable to lay the tax on persons and such property as was to be the most benefit.f. The taxpayers were divided into five classes. The first class was headed " Family. los and four oxen." Of this class there were 25. Of - Family. horse and two oxen," there were 42; of - Family and horse," Si : of " only families," 15: " Single-men." 24. of whom IT
There having a family who . [en] for oseu
Mir. J. Allyn.
J. Biss. 1. Ant. Hoskins. Owen Tudor.
Nat. Bis-cll. Vir. Wolrot, Tobn Toury. Job Drak ... N. La mis II. Wejeut. W. Thrall.
J. Maworth. J. Mes S. Bh kw. Il.
T. Thrall,
JJ Oshorn. New bury. Jon. Porter, S.n., Vic. Sensing N. Winchell. R. Watson.
And one other which could a . l. d. Mph+ 4 Total, 99
IT. D. HAlow.
T [ .han] Grant. In. frant.
J. M.On
Thos. Bissti,
Imo. Bucklan !.
Thos. Bu hland.
Nich. Bockbnul. Will. Finy.
J. Hosford.
John Owin
Peter Browne.
Jis. Griswold.
Mr. D. Vlake. Walter Gayloal.
Mich. Kelsey, Mr. Pius , Jos. Plalps.
Ed. Chopina. I. Gaylord.
T. Loomn'-,
Job Diaki .fr , s. Gros ( h ise). D. More. Total, 42
" Family and bur -.. . Bon. Aland.
Alın. Phelps,
R. Hayward,
Dual. Birge N Holcomb.
T.it Fyler.
T. Hall,
Sam. Baker. ... .. Lomas. W. Buell,
Zurah Fyier.
X Pione, Tim. P.diver.
And More. Ich Will. i. Sor .. Imap. Prior. Abn Randell,
Olay I Mr Clromer, Pa . Mills, N. Conk.
7. D.bble. Jr .. Jon. Porter. The Phdps.
Jan. Gillet, Hen Stiles,
I s. Gaylord, [ BeveJr Woodbridge Total, 37.
S. Wilson. " single men ".
Josias Alvord. Fid. Fring (others. T. Eggleston, lots . Elins, Parsons, ir. John Birgelor und Jon. Falls. [underi ] Meses jor 2 oxen,
Jo- Sanders, horse. Traxion, hate,
Jos. Birge, hors .. and 2 axel, Tles. Phelps horse Wido Fyler, 7. Burnham, Lorse. Hon. Taller, horse. E. Ebner, D. Trvat, borse. Jas. Hillier, both D. Wiltni, Natt. Pond, hogy . Thos. Parsons, horse, pour undeciphert- .I. Persons, hor-c Me.] Total, 24.
W. Fill-y.
1
·· Stoughton. Jon Atiles. Stop. Tayior,
W. Hoskins.
J. W.und-l. Jop. Gangto. Jon. Com. Br.
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 inen 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 Wokott, who not unfrequently amused himself in his leisare 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 fexce and be exceeding whist
Acres of meadow land I've forre But know withall it is Int poor
three quarters of one acre more have I to add unto the score
I have a horse, but he's so thin
His bones appear most thren his skin A winter milks, and new milk kine I like wise live and two poor swine.
A yearling calf, a pretty creature. bandsom in carriage and in feature another calfe I had last yeare but where he's now Frammint heare
Which fills my heart with sichsend 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 1 In sorrow both a Sympathy.
Pray take this for a pertect 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 1936. 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 perfeeted by the Code of 1650, this organization has gradually developed itself into a State Government, which, by its permanency 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, S'., M. Filley,
Thos. Sanders,
T. Burnham, Jr., Jo. Deuslow, Sam. Forward. R. Vore,
J. Colt, E. Elmer, J. Hodge,
N. Wilton.
W. Morten, J. Elmer.
N. Palmer, Total, 15.
" This morceaux 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 aud aims of its founders, no one can study the early judicial system of Con- nectient 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 Conrt, 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 eensures, 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 civil 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- videl both parties live in the stme 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 con irm 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 cheek 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 Bowell, Plaintiff, against Joseph Loomis, Sen., defendant.
"An action for trespass and damage ? bushell of Indian Corn.
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91
THE CODE OF 1550.
"In this action we finde for the plaintive, damage 6; bashells of Indian Corn and cost 23. 6d.
"William Thrall, plaintiff, against Eltwed Pomeroy, defendant. An action to the damage £1 7x. Od. In this action we finde for the plaintiff, damage $1 78. Od; Cost £0 33. 6/l."
Magistrates were the assistants, or judges, of the Particular Court. They had power of enforcing 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:
"I, A W, being chosen a Magistrate within this Jurisdiction for the year ensuing, do swear by the great and dreadful name of the everliving 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 be paid at the country charge." And at the May session, 1650, was for- nially 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 Conneeti- eut Coleny, 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
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92
HISTORY OF ANCIENT WINDSOR.
interest of commeres, trade, and agriculture was protected with a wise and fostering care. 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 witcheraft ; 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 exelaim. And yet, when we consider that as late as the close of the last century there were remaining on the statute books of Christian. enlightened England, 168 erimes, declared by aet 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] ate 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 eensure 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 Conrt, May 18, 1664, we find that -
"John Bissell having made complaint of S- D- for reproachful speeches which she hach spoken against the wife of the said Bissell, the Court having considered the complaint do order that H-D-or his wife shall severely correct their daughter with a rod on the naked body in the presence of MIrs. 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."
Swearing, drunkenness, and contempt of the civil authorities were severely dealt with, as the following records will show :
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