The history of ancient Windsor, Connecticut, Part 7

Author: Stiles, Henry Reed, 1832-1909
Publication date: 1859
Publisher: New York : C. B. Norton
Number of Pages: 956

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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 emhodiment of its majesty. For many years after the formation of the colony, the appointment of a constable by the court, was considered as a valid incorporation 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 incumbent in 1639. The number was afterwards increased to two, and the power of appointment invested in the

TOWN OFFICERS.

town. The following extract from the records would imply that it was an office much sought after. "February 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 contending, John Strong and Benedictus Alvord for the year ensuing."

In 1639, the office of town recorder, or clerk, was first estab- lished by the court. He was to keep a record " of every man's house and land," of all bargains, mortgages, &c., and to present a transcript of the same, "fairly written," at every General Court, to be again recorded by the secretary of the colony. He was also to keep a record of births, marriages and deaths - no- tice of which was to be handed in to him within 3 days, on pen- alty of 5s fine. Dr. Bray Rosseter, a man of fine education and much distinction in Windsor, was the first occupant of the of- fice, which he held until his removal to Guilford, in 1652.

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, &c. It was an office of much 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 Hartford) concerning some disputed lands in 1675, he says: "I have been employed in measuring of land and getting out of lots to men, which has been done by me from our first be- ginning here, come next September is 40 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 early records of the town show that his duties were always conscientiously performed.

The chimney viewer, was a sort of primitive fire-marshal, whose duty was to carefully examine all the chimneys of the town at regular intervals, 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

HISTORY OF ANCIENT WINDSOR.

any accident by 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 damage 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 time 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 crops which they enclosed, against the " felonious entrance " of unruly swine and cattle, or the equally felonious but more subtle " intent " of dis- honest neighbors.1 In " May, 1654, Mr. Newbury and Thomas Orton [were chosen] to view the fences 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. Wo to the cattle of " high or low degree," who fell under the fence- viewer's condemnation, or were found innocently straying away from their proper sphere. All such were carefully and sum- marily jugged. 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, £4;" and in 1675 " there must be pay ordered to make 2 new pounds, £6."

There were waywardens then as now, for we find many such

1 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 John Fitch for removing of his land marks and setting them up again upon his the said Palmer's land, which was ac- knowledged and owned in court by said John Fitch. The court having heard and considered the complaint, do judge it to be an offence of an ex- ceeding heinous nature, and that it ought to be duly borne witness against; and yet, in regard there is no law doth exactly determine what, punishment shall be inflicted for such an offence, this court is willing to show what mercy they may in bearing witness against such evils, and therefore do ad- judge 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'd, that others may hear, and fear to do any such wickedness.

TOWN OFFICERS.

records as this: "May 10, 1654, Goodman Moore and Samuel Gaylord were chosen to be surveyors of the highways for the year ensuing."

The office of perambulator, or boundgoer, was one in almost constant 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 perquisites attached thereto. The item of "Liquor for boundsgoers" occurs year after year, among the town expenses, with almost unfailing regularity. In 1669 is charged, " Mr. Wolcott for liquors for boundsgoers," the small amount of 6s 3d; and the next year, " Mr. Wolcott for liquors going the bounds, 2s 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 4 days east side of river 10s, and for 2 gallons cider he will have 2s."

February 14th, 1654. " Thomas Ford and John Strong chosen to be constables the next year. Also to go bounds or peram- bulation when Hartford 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 constables. Also, Thomas Buckland and John Moses for way-wardens, and to go bounds with Hartford men, Thomas Stoughton, Nath. Loomas, Samuel 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 demanded, and the Baylif is allowed to take three pence 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 6d 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 I.

HISTORY OF ANCIENT WINDSOR.

There is still in Windsor, a book kept by Timothy Loomis, whilom town clerk, containing all the marks, &c., of every man's horses, put down with a particularity which evidences the importance attached to 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 entered in the list at a given price; so also of cattle, horses, swine, &c. An exception to this rule of listing occurred in 1675, when in raising the tax for the support of the rivulet ferry, it was thought more equitable to lay the tax on per- sons and such property as was to be the most benefited. The tax payers were divided into five classes. The first class was headed " Family, horse and four oxen." Of this class there were twelve. Of "Family, horse and two oxen," there were 54; of " Family and horse," 44; of " Only families," 17; " Single men," 38, of whom 15 owned horses.

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.

Daniel 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 entitled, " The List of Mr. Roger Wolcott's Rate- able Estate in former daies."1

Sparkish Listers, alias Misters that do take the List that you may here attend with feare and be exceeding whist

1 This morceau of gubernatorial poesy and humor, was preserved in the diary or commonplace book kept by Timothy Loomis, whilom town clerk of Windsor, and is undoubtedly genuine.

STATE ORGANIZATION.

Acres of meadow land I've foure But know withall it is but 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 threu his skin

A winter milks, and new milk kine

I like wise have and two poor swine.

A yearling calf, a pretty creture. 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 hee'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 al- most 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 permanency and efficiency at the present day, does honor to the wisdom, the Christian integ- rity and the political sagacity of those who framed it. Moulded as it was by the exigencies of a new settlement, and reflecting as it did the peculiar sentiment and aims of its founders; no one can study the early judicial system of Connecticut, without being convinced that it was far ahead of the cotemporary legis- lation of its time, and that it was in every respect worthy of a people who had learned to gorern 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.

HISTORY OF ANCIENT WINDSOR.

The General Court was composed of the governor, the deputy- governor, the magistrates and deputies. These two last, an- swering 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 adminis- tered censures, and occasionally attended, though extra-judi- cially, 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 con- troversies, either trespasses or debts, not exceeding 40 shill- ings, provided 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 conrt 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 appears 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 willfully to annoy their neighbors with vexatious 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.

THE CODE OF 1650.

An action for trespass and damage 7 bushell of Indian Corn. In this action we finde for the plaintive, damage 64 bushells of Indian Corn and cost 2s: 6d.

William Thrall, plaintiff, against Eltwed Pomeroy, defendant. An action to the damage of £1 7s Od. In this action we finde for the plaintiff, damage £1 7s Od; Cost £0 3s 6d.

Magistrates were the assistants, or judges, of the Particular Court. They had power of enforcing laws and administering justice in the towns 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 ending, 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 au- thority here established, and will further the execution of Jus- tice 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 draughts- man of the Constitution of 1639, and " emphatically the juris- prudent of his day," to " take some pains in drawing forth a body of laws for the government of this Commonwealth, 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,

HISTORY OF ANCIENT WINDSOR ..

he shall be paid at the country charge." And at the May ses- sion, 1650, was formally 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 Connecticut 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 guarantied, and every great interest of commerce, 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 offence to worship any other than the true God; to practice adultery, or the crime against nature, or rape; or to blaspheme; or to exercise witchcraft; or to steal men or women; or for children " unless brought up in unchrist- ian 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 close of the last century, there were remaining on the statute books of Christian, enlightened England, 168 crimes, declared by act of parliament to be punishable by death, we must con- fess that the Code of 1650, was far ahead of its age; far more humane.

Lying, was in those days deemed a peculiarly heinous offence, 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."

PUNISHMENTS.

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

" Jolin Bissell having made complaint of S-

for reproachful speechies which she liath spoken against the wife of the said Bissell, the Court having considered the com- plaint do order that H- 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."

Swearing, drunkness, and contempt of the civil authorities were severely dealt with, as the following records will show:

"Sept. 5, 1639. Thomas Gridley of Windsor was complained of for refusing to watch, strong suspicion of drunkness, con- temptuous words against the orders of the Court, quarrelling, striking Mr. Stiles's man. He was censured to be whipt at Hartford, and bound for his good behavior" for which he entered a recognizance of £10. (Col. Record.)

"June 2, 1664. Mr. Nicholas Stevens for his cursing at Wind- sor before the Train band last Monday is to pay to the public treasury 10 shillings."

"May 12, 1668. Nicholas Wilton for wounding the wife of John Brooks, and Mary Wilton, the wife of Nicholas Wilton, for contemptuous and reproachful terms by her put upon one of the Assistants, are adjudged, she to be whipt 6 stripes upon the naked body, next training day at Windsor; and the said Nicho- las is hereby disfranchised of his privilege of freedom in this Corporation, and is to pay for the Horse and Man that came with him to the Court this day, and for what damage he hath done to the said Brooks his wife, and sit in the stocks the same day his wife is to receive her punishment. The Constables of Windsor to see this attended."

" 1668. John Porter having been accused by this court for defaming of some who have been in authority in this court, do

HISTORY OF ANCIENT WINDSOR.

order that he make full acknowledgment of the same and mani- fest his repentance the next training day at Windsor, or else that he appear at the next county court to answer for his mis- carriage therein."

In 1670, Owen Tudor "of Windsor was deposed from his office of Constable for swearing and drunkness."

Open contempt of God's holy word or ministers was rigorously. dealt with. The first offence with public reproof and bonds for good behavior, the second by a £5 fine, and standing in the pil- lory upon a lecture day, bearing on the breast a paper duly. labeled in capital letters, "AN OPEN AND OBSTINATE CONTEMNER OF GOD'S HOLY WORD."

Absence from church, was visited by a fine of 5 shillings.

Forgery, was punished by 3 days in the pillory, payment of double damages to the injured party, and disqualification as witness or juryman.

Fornication, by fine, whipping or prohibition to marry.

To nearly all these various punishments, was added that of disfranchisement of all civil qualifications in town and common- wealth, " until the Court manifest their satisfaction."

The censure of the General Court, the stocks, and the whip- ping post, were " peculiar institutions " of " the olden times," the latter two of which, thank God, are unknown to the moderns, Windsor, of course, possessed a pair of Stocks, from a very early day. In the annual exhibit of town payments in 1663, we find that worthy old carpenter William Buell charging " for a pair of stocks and mending some seats, 9s: 6d." In May, 1679, " Jacob Drake demands, for making a pair of Stocks; " and as late even as May 15, 1724, we find it recorded that "Friend Shivee sat in the pillory and his right ear cut off for making plates for bills." When the stocks were abolished in our town we do not know. 1

The whipping post, as tradition says, stood upon the green (Broad street) where the present sign post stands, and was in

1 John W. Barber, author of the Historical Collections of Connecticut and other States, informs us that remains of the old stocks were visible on the Broad Street Green, when he was a boy, in 1806.

PUNISHMENTS.

use certainly as late as 1714, when Timothy Loomis records that " John F. was whipt at ye sign post, T. G. Whipper."

From this extract we might infer that it then served the double office of sigu post and whipping post. Whipping was generally performed upon a lecture or training day; and very often " at the cart's tail," a peculiarly aggravating feature of the punishment. For example, in the first case of bastardy tried in the colony, in 1639, the court ordered as follows:

" John Edmonds, Aaron Starke and Jno. Williams were cen- sured for unclean practices, as follo .: Jno. Williams [Edmonds?] to be whipt at a Cart's [tail] upon a lecture day at Hartford. John Williams to stand upon the pillory from the ringing of the first bell to the end of the lecture, then to be whipt at a Cart's {tail] and to be whipt in a like manner at Windsor within 8 days following.

Aaron Starke to stand upon the pillory and be whipt as Wil- liams, and to have the letter R, burnt upon his cheek, and in regard of the wrong done to Mary Holt, to pay her parents £10; and in defect of such to the Commonwealth, and when both are fit for that condition, to marry her.

It is the mind of the Court that Mr. Ludlow and Mr. Phelps see some public punishment inflicted upon the girl for con- cealing it so long."

Even as late as 1767, a Mulatto girl called Peggy, was con- victed of stealing and ordered to be whipt 6 stripes on the naked body in some public place in Windsor.

Branding was a form of punishment, not uncommon, Bur- glary, or highway robbery, was blazoned with the letter B. A second offence was followed by a second. branding, and severe whipping. If the offence was committed on the Lord's day, one of the culprit's ears was to be cut off. If repeated on the same day the other ear suffered likewise. If a third time, death followed.

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The history of ancient Windsor, Connecticut, Part 7

Author: Stiles, Henry Reed, 1832-1909 Publication date: 1859 Publisher: New York : C. B. Norton Number of Pages: 956

Author: Stiles, Henry Reed, 1832-1909
Publication date: 1859
Publisher: New York : C. B. Norton
Number of Pages: 956