USA > Massachusetts > Worcester County > Records of the Court of General Sessions of the Peace for the County of Worcester, Massachusetts, from 1731 to 1737 > Part 1
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12
SITATIS
SIGILLV
ELVX
NIENSIS
1
EX LIBRIS
RECORDS
OF THE
Court of General Sessions
OF THE PEACE
FOR THE COUNTY OF WORCESTER, MASSACHUSETTS,
From 1731 to 1737.
Edited by FRANKLIN P. RICE.
CIETY
OF K
INSTITUTED
HISTORIA
ARCHEOLOGIA
ANTIQU
JANUARY, 1875.
3HL
LITERATA SCRIPTA MANET
WORCESTER, MASS. :
THIE WORCESTER SOCIETY OF ANTIQUITY.
1882. U. S. A. CVI.
WORCESTER
F14 Waw8 v.5
EDITION : TWO HUNDRED AND TWENTY-FIVE COPIES.
No. /03
MENS
MANUS
CO
AT
GITAT
SERV
Preface.
T HIS VOLUME contains the Records of the Court of General Sessions of the Peace for Worcester County, from August, 1731, to the close of the May term, 1737. The Records of this Court and those of the Inferior Court of Common Pleas for the corresponding period, were entered in the same volume, but were afterwards kept in separate books. The matter here printed forms an important and interesting part of the early history of the County ; and illustrates in a degree the manners and morals of the people of that time. A brief introduction and some notes have been added ; and a full index will be found at the end.
Thanks are due William T. Harlow, Esq. and others in the office of the Clerk of the Courts, for information given, and for facilities afforded in procuring the copy for this volume.
F. P. R.
900333
Introduction.
INTRODUCTION.
IN presenting the Records of the Court of General Sessions of the Peace for the County of Worcester, for the first six years of its existence, a brief review of the origin and growth of the judicial system in Massachusetts will not be out of place. Under the Charter of the Colony, the power of en- acting and enforcing laws for the government of its inhabitants was assumed by the Governor, Deputy Governor, Assistants, and the General Court which comprised all the freemen. The General Court met four times a year for the consideration of matters relating to the general government or individual welfare of the community. A monthly court was also held by the Governor, or in his absence, the Deputy Governor, and at least seven Assistants, for the purpose of transacting minor civil or criminal business that required immediate attention. This was termed the Court of Assistants. The Assistants numbered eighteen, and were ex officio Justices of the Peace. They discharged the functions of a Council to the Governor.
8
Introduction.
In 1634 the number of freemen had greatly in- creased, and some of them having removed to a distance, their meetings became inconvenient and difficult, and delegates were chosen to attend to the affairs of the several towns and districts. This was the origin of the present representative system.
Juries were first established in 1634.1 In 1639 a law was passed requiring records of the judgments of the courts and magistrates to be kept.2
It was not until several years after the establish- ment of the Colony that a regular system of Courts of Justice was settled, and even then, the powers and jurisdiction of some of them were left vague and indefinite. The principal of these were the General Court, the Court of Assistants, County Courts, Strangers' Courts, Inferior or Magistrates' Courts, Military Courts, and Courts of Chancery.3 Of these the General Court was supreme, the next in dignity being the Court of Assistants. Appeals lay to them from the inferior courts, and capital of- fences were tried before the Assistants.
The County Courts, which were established in 1639, had jurisdiction in all cases civil and criminal, except cases of divorce and crimes the penalty whereof extended to life, limb or banishment. They
1 Massachusetts Records, 1., 118.
2 Massachusetts Records, I., 275.
3 Washburn's Judicial History of Massachusetts.
9
Introduction.
were presided over by one or more of the Assistants belonging to the county in which the court was held. These courts were authorized to summon grand and petit jurors, and to appoint their own clerks and other officers. Among other duties they laid out highways, licensed houses of entertainment, and were "charged to see that there was an able minis- try and that it was well supported."1 Their functions corresponded nearly with those of the Court of Gen- eral Sessions established later. They also consti- tuted the Courts of Probate.
No further change of consequence in management or forms was made under the Colonial Government. After the accession of William and Mary and the reception of the Provincial Charter, an act was passed2 re-organizing the courts under a system which was continued with few modifications until the Revolu- tion. The courts then constituted were, in the order of their importance, Courts of Justices of the Peace, Courts of Quarter Sessions of the Peace, Courts of Common Pleas, a Superior Court, and a Court of Chancery. By an act passed in 1699 the name of the Courts of Quarter Sessions was changed to that of Courts of GENERAL SESSIONS OF THE PEACE.
The jurisdiction of the Courts of General Sessions was partly criminal and partly civil. They could
1 Washburn. Felt's Annals of Salem.
2 November 25. 1692.
2
IO
Introduction.
hear and determine all matters relating to the con- servation of the peace, and the punishment of of- fenders; and trials were had by juries. In their civil capacity they had charge of the financial con- cerns of their respective counties, controlled the houses of correction, granted licenses to innholders and retailers, and located and established highways, discharging the duties now performed by county commissioners. In short these courts had charge of the prudential affairs of the several counties; and a general jurisdiction in all criminal matters, the punishment of which did not extend to life, member or banishment.1 They were presided over by all of the Justices of the Peace for the county, with one or more of the Judges of the Court of Common Pleas. The powers and management of these courts · remained much the same until the beginning of the present century.
The County of Worcester was incorporated by an act passed on the 2nd of April, 1731, to take effect the 10th of the following July. The first session of the inferior courts was held on the 10th of August, on which occasion the Rev. John Prentice of Lan- caster preached a sermon from the appropriate text, 2nd Chronicles, XIX., 6 and 7.
The Act of Incorporation of the County is here printed :
1 Washburn's Judicial History of Massachusetts.
II
Introduction.
An Act
for erecting, granting and making a County in the Inland Parts of this Province, to be called the County of Worcester, and for establishing Courts of Justice within the same.
Fit enacted on his Excellency the Governour, Council and Licpresentatives in General Court assembled, and on the Authority of the same, That the Towns and Places hereafter named and expressed, That is to say, Worcester, Lancaster, Westborough, Shrewsbury, South- borough, Leicester, Rutland, and Lunenburg, all in the County of Middlesex; Mendon, Woodstock, Oxford, Sutton, (including Has- sanamisco) Uxbridge, and the Land lately granted to several Pe- titioners of Medfield, all in the County of Suffolk; Brookfield in the County of Hampshire, and the South Town laid out to the Nar- ragansett Soldiers ; and all other Lands lying within the said Town- ships, with the Inhabitants thereon, shall from and after the tenth Day of fuly, which will be in the Year of our Lord One Thousand seven Hundred and thirty one, be and remain one intire and dis- tinct County, by the Name of Worcester, of which Worcester to be the County or Shire Town : And the Said County to have, use and enjoy all such Powers, Priviledges and Immunities, as by Law other Counties within this Province have and do enjoy.
And be it further cuatro on the Authority afore= said, That there shall be held and kept within the said County of Worcester yearly and in every Year, at the Times and Place in this Act hereafter expressed, a Court of General Sessions of the Peace, and an Inferiour Court of Common Pleas, to sit at Wor- cester on the second Tuesdays of May and August, and the first Tuesdays of November and February yearly and in every Year, until this Court shall otherwise order : Also, That there shall be held and kept at Worcester within the said County of Worcester yearly and in every Year until this Court shall otherwise order, a Superiour Court of Judicature Court of Assize and General Goal
I2
Introduction.
Delivery, to sit on the Wednesday immediately preceeding the Time by Law appointed for the holding of the said Superior Court of Judicature Court of Assize and General Goal Delivery at Spring- field, within and for the County of Hampshire: And the Justices of the said Court of General Sessions of the Peace, Inferiour Court of Common Pleas, Superiour Court of Judicature, Court of Assize and General Goal Delivery respectively, who are or shall be there- unto lawfully commissioned and appointed, shall have, hold, use, exercise and enjoy all and singular the Powers which are by Law already given and granted unto them, within any other Counties of the Province, where a Court of General Sessions of the Peace, Inferiour Court of Common Pleas, Superiour Court of Judicature, Court of Assize and General Goal Delivery, are already estab- lished.
Provided, That all Writs, Suits, Plaints, Process, Appeals, Re- views, Recognizances, or any other Matters or Things which now are, or at any Time before the said tenth Day of fuly, shall be depending in the Law within any Part of the said County of Wor- cester ; and also all Matters and Things which now are, or at any Time before the said tenth of fuly, shall be depending before the Judges of Probate within any Part of the said. County of Worces- ter, shall be heard, tried, proceeded upon and determined in the Counties of Suffolk, Middlesex and Hampshire respectively, where the same are or shall be returnable or depending, and have or shall have Day or Days.
Provided also, That nothing in this Act contained, shall be con- strued to disannul, defeat, or make void any Deeds or Convey- ances of Lands, lying in the said County of Worcester, where the same are, or shall be before the said tenth of fuly, recorded in the Register's office of the respective Counties where such Lands do now lie ; but that all such Deeds or Conveyances so recorded, shall be held good and valid as they would have been had not this Act been made.
And of it further enacted on the Authority afore= said, That the Justices of the Court of General Sessions of the Peace at their first Meeting in the said County of Worcester, shall have full Power and Authority to appoint some meet Person within
1
13
Introduction.
the said County of Worcester to be Register of Deeds and Con- veyances within the same, who shall be sworn to the faithful Dis- charge of his Trust in the said Office, and shall continue to hold and exercise the same according to the Directions of the Law, until some Person be elected by the Freeholders of the said County of Worcester, who are hereby impowered to choose such Person on the first Thursday of September next ensuing, by the Methods in the Law already prescribed, to take upon him that Trust : And until such Register shall be so appointed by the said Justices and sworn, all Deeds and Conveyances of Lands lying within any Part of the County of Worcester, which shall be recorded in the Reg- ister's Office of the respective Counties where such Lands do now lie, shall be held and deemed good and valid to all Intents and Purposes as to the recording thereof.
And be it further enacted on the Authority afore= said, That the Methods, Directions and Proceedings by Law provided as well for the electing and choosing a Register of Deeds and Conveyances as a County Treasurer, which Officers shall be appointed in the same Manner as is by Law already provided, on the first Thursday of September next, and also for the bringing for- ward and trying any Actions, Causes, Pleas or Suits both Civil and Criminal in the several Counties of this Province and Courts of Judicature within the same, and choosing of Jurors to serve at the Courts of Justice, shall extend and be attended, observed and put in Practice within the said County of Worcester, and by the Courts of Justice within the same : Any Law, Usage or Custom to the contrary notwithstanding.
Provided always, That the Inhabitants of the several Towns and Places herein before enumerated and set off a distinct County, shall pay their Proportion to any County Rates or Taxes already made and granted, in the same Manner as they would have done, had not this Act been made.
RECORDS
OF THE
Court of General Sessions OF THE PEACE.
A Copy of the
General Commission for the Peace
for the County of Worcester
.
1731
Seal
George the Second by the Grace of God of Great Brittain France and Ireland King Defender of the Faith &ct
To our Trusty and well beloved John Chandler Joseph Wilder William Ward William Jennison Daniel Taft John Chandler Jun' Benjamin Willard Samuel Wright Josiah Willard Joseph Dwight Samuel Dudley Henry Lee and Nahum Ward Esq's Greeting-
Know ye that we have assigned you and every of you our Justices to Keep our Peace in our County of Worcester within our Province of the Massachusetts Bay in New England, and to Keep and Cause to be Kept the laws and Ordinances made for the good of the Peace and for the Conservation of the Same and for the Quiet Rule and Government of our People in our Said County in all and every the articles thereof according to the force fform and · effect of the Same and to Chastise and Punish all Persons offend- ing against the form of those laws & ordinances or any of them in the County aforesaid or according to the form of those laws and ordinances Shall be fitt to be done, and to Cause to Come before you or any of you, all those thatt Shall breake the peace or at- tempt anything against the Same, or that Shall threaten any our
3
18
Court of General Sessions.
People in their person or in burning their houses to find Sufficient Security for the peace or for the good behaviour towards us and our people and if they shall refuse to find such security then to cause them to be Kept Safe in Prison untill they shall find the same and to do and perform in the County aforesaid all and what- soever according to the laws and Ordinances of our Province afore- said or any of them, Justices of the Peace may or ought to do & perform and we Command you and every of you that you Deli- gently intend the Keeping of the Peace and of the laws and Ord- inances aforesaid ; and that at such certain days and places as are or shall be by law Stated and appointed (whereof any of you The said John Chandler Joseph Wilder William Ward & William Jen- nison always to be one) enquire by the Oaths of good and Care- full men of our Said County by whom the Truth may be the better Known of all and all manner of Thefts, Trespases, Riots, Routs, and unlawfull assemblys whatsoever, and all and singular other misdeeds and offences of which by law Justices of the peace in their Generall Sessions may or ought to Inquire, by whomsoever or howsoever done and Perpetrated, or which shall hereafter hap- pen howsoever to be done or attempted in the County aforesaid, Contrary to the form of the laws and Ordinances aforesaid, made for the Common good of our province aforesaid and the People thereof, and to Inspect all Indictments So before you taken or to be Taken, and to make and Continue the Process thereupon against all and every person or persons so Indicted before Shall hereafter happen to be Indicted before you untill they be appre- hended render themselves or be outlawed, and to hear and De- termine all & Singular the said Thefts, Trespasses, Riots, Routs, unlawfull assemblys, and all and Singular Other the premises, and to do therein as to Justice appertaineth according to the laws Statutes and Ordinances aforesaid ; Saving to us the amerciaments and Other things thereof to us belonging ; and we likewise Command that at such days and places as are or shall be by law appointed for holding a Court of General Sessions of the peace as aforesaid and Such and So many good and lawfull men of the County afore- said you cause to come before you or any Three or more of you as aforesaid, by whom the Truth in the premises may be Known
Worcester County, Massachusetts. 19
and Inquired of ; In testimony whereof we have Caused the Publicke Seal of our Province aforesaid to be hereunto affixed
Witness Jonathan Belcher Esq' our Capt Generall and Governour in Chief in and over our Said Province at Boston the thirtyth day of June 1731 in the fifth year of our reigne
J BELCHER
By order of the Gov" with the advice and Consent of the Councill
J. WILLARD Secry.
John Chandler John Chandler Jun' Joseph Dwight and Sam- uel Dudley Esqrs
Sworn in Councill July Ist 1731 J WILLARD Secy
Joseph Wilder William Ward William Jennison Daniell Taft Samuel Wright Josiah Willard Henry Lee & Nahum Ward Esq's Sworn by Dedimus from his Excely the Gov" before us
John Chandler John Chandler Jr Joseph Dwight
A true Copy from the Originall Commission
attest John Chandler Jr Cler Pac.
NOTES.
Of the persons named in the foregoing Commission. John Chandler, Jo- seph Wilder, William Ward and William Jennison were the Justices of the Court of Common Pleas for the County. JOHN CHANDLER of Woodstock, (now in Connecticut but formerly included in Worcester County ) was a man of considerable prominence. He was the first Judge of Probate for the County; Chief Justice of the Court of Common Pleas, and of the Court of General Sessions; Colonel of the regiment of militia; Representative, and a member of his Majesty's Council. He died in 1743.
JOSEPH WILDER was a prominent citizen of Lancaster, and a man of influ- ence in the County. He became Chief Justice on the death of John Chand- ler in 1743.
WILLIAM WARD of Southborough was born in 1680 and died (probably) in 1745. He was a Colonel of the militia.
WILLIAM JENNISON lived in Worcester, where he held various offices of trust. He died in 1741.
20
Court of General Sessions.
Of the Justices of the Peace, Daniel Taft resided in Mendon ; Benjamin Willard in Hassanamisco, now Grafton; Samuel Wright in Rutland; Josiah Willard in Lunenburg; and Henry Lee in Worcester.
Nahum Ward of Shrewsbury was a lawyer of some note, and subsequently became one of the Judges of the Court of Common Pleas. He was father of Major General Artemas Ward of revolutionary fame.
John Chandler Junior was born in Woodstock in 1693, and removed to Worcester in 1731. He was Clerk of the Courts, Register of Deeds, etc .; and succeeded to most of the offices held by his father. He died in 1763.
Joseph Dwight was born in Hatfield in 1703, and graduated at Harvard College in 1722. He lived for some years in Brookfield, and represented that town in the Provincial Legislature. He was Speaker of the House of Representatives in 1749, and at one time a member of the Council. Dis- tinguished for his military talents he attained the rank of Brigadier General, and for his bravery at the siege of Louisburg, where he commanded a regi- ment, was publicly commended by Sir William Pepperell. Dwight was Judge of the Court of Common Pleas for the County of Worcester from 1743 to 1750, and afterwards held the same office in Berkshire County. He died at Great Barrington in 1765.
Samuel Dudley was one of the largest land owners of Sutton, and a man of influence and prominence. He was born in Concord in 1666, and died in 1775 at the great age of 109 years.
2 [
Worcester County, Massachusetts.
WORCESTER SS
Memorandum Worcester Augst 12th 1731
Att ye first meeting of the Justices of the County aforesaid, John Chandler Jun' Esq was appointed Register of Deeds for Said County and Sworn to the faithfull Discharge of the Said Trust be- fore all the Justices by the Honble John Chandler Esqr The first Justice
Attestator John Chandler J' Cle Pac :
August 13th M' Jonathan Houghton of Lancaster was appoint- ed & Sworn County Treasurer
Attest John Chandler J' Clck
Same day John Chandler Jun" Esqr Register of Deeds gave bond to the County Treas" with two Suretys in five hundred, for his acting faithfully as Register of Deeds This was done by order of the Justices Attest John Chandler J' Cler Pac
WORCESTER SS Anno Regni Regis Georgij Secundi nunc Magni@ Brittania Francia et Hibernia Quinto
Att a Court of Generall Sessions of the Peace held at Worcester for and within the County of Worcester The Second Tuesday of Augst being the Tenth day of Said Month Annoq Dom 1731
JUSTICES PRESENT
JOHN CHANDLER
SAMUELL WRIGHT
JOSEPH WILDER
JOSIAH WILLARD
WILLIAM WARD
JOSEPH DWIGHT
Esqrs
WILLIAM JENNISON
SAMUEL DUDLEY
DANIEL TAFT
HENRY LEE
JOHN CHANDLER JUN"
NAHUM WARD
CORONERS, M' Joseph Wilder M' Seth Chapin Jun' M' Jo- seph Wright
Grand Jurors that were Returned & Served are as follows viz'
Worcester M' Gershom Rice Lancaster M' Ebenezer Wilder
Mendon M' James Keith Woodstock M' Joseph Baron
Brookfield M' Joseph Banister Westboro' M' Thomas Rice foreman
Oxford M' Isaac Lernard Sutton Parcivall Hall
Leicester M' Daniell Denney Southboro' M' John Woods
Shrewsbury M' David How Ruttland M' Joseph Stevens
Uxbridge M' Robert Taft
Lunenburg M' Edward Hartwell
Each Served Two Days
Quo :
Esq™
24
Court of General Sessions.
S AUGUST TERM,
Phillip Chase of Sutton in ye County of Worcester Husbandman and Others Came into Court and Complained that Solomon John- son Resident in Said Shrewsbury Gent in the Night following the IIth Instant was Guilty of ye Breach of ye peace by Stricking him the Said Chase on the face with his hand and of Speaking Insult- ing and threating words, The Said Solomon Johnson appeared before ye Court and pleaded not Guilty and in the Court behaved himself in a very Insolent Rude and unbecoming manner both to the Court & Officers thereof Capt Thomas Baker and Said Chase were Sworn as Evidences in the Case and after due Examination the Case being fully heard the Said Solomon Johnson is Judged to be Guilty of the Breach of ye peace in Striking Said Chase and useing threatning words and thereupon order that for Said offence he pay as a fine to our Sovereign Lord the King &ct Twenty Shill- ings and for his Said Rude and Insulting Behaviour he also pay as a fine to our said Lord the King the Sum of fourty Shillings that he give bond with Two Suretys for his peacable and good be- Solomon Johnson principal 50 1 haviour till the next Court of General Sessions of the peace to be holden at Worcester &ct the first
Benjn Townsend & Joseph Crosby Surety 25 l Each Tuesday of November next viz' The Said Solomon Johnson as principall In ye Sum of fifty pounds & the Suretys in Twenty five pound Each and Pay Costs & Stand Committed till Sentance be Performed Costs Taxed at one pounds nine Shillings The Said Solomon Johnson appealed from this Sentance unto the Court of assize and Generall Goal Delivery to be holden at Worcester the 4th Wednesday of September next and Chase & Baker Entered into Recognizance with Two Suretys to Recognized in 51 Each prossecute his appeal to Effect and to abide and
to appear as witnesses perform ye order or Sentance of Said Court thereon and to be of ye Good behaviour in the meantime
Joseph Crosby of Worcester in the County of Worcester Sadler, was bound over to this Court by Mr Justice Jenison on the Com- plaint of Isaac Miller of Shrewsbury In Said County Husbandman for abusing & Striking him &ct : as by the Complaint & writt will
1731.1 Worcester County, Massachusetts. 25
appear said Miller being bound by Recognizance to prosecute his Complaint the Case was delivered to the Grand Jury who Did upon their Oaths Return Ignoramus, whereupon Said Crosby was Delivered from his Recognizance, and the Court adjudged Said Miller to pay Cost of Court Taxed at four pounds nineteen Shill- ings & Tenpence
John Hazeltine of Sutton in the County of Worcester Husband- man upon ye Complaint of Christian Indian Woman Widdow of George Misco late of Hassanamisco, for his Said Hazeltines Sell- ing Strong Drink to ye Indians Contrary To law1 &ct was bound over to this Court by M' Justice Jenison to answer to Said Com- plaint The Court having Considered the Case order that his Recognizance be Continued to the next Court of Generall Sessions of ye peace to be holden at Worcester for ye Said County of Wor- cester ye fst Tuesday in Novemb' next
And then ye Court was adjourned to ye 4th Wednesday in Sep" Next att Ten oClock in ye forenoon, To ye House of William Jenison Esq in Worcester
attest™ John Chandler Jr Cler pac
1 See Note on page 28.
1
4
Att a Court of Generall Sessions of ye Peace held at Worcester for and within the County of Worcester by adjournment on Wednesday the 22ª day of September 1731
PRESENT
John Chandler Joseph Wilder William Ward & Wm Jenison Esqrs Just of ye peas & Quo :
John Chandler Junr Samuell Wright Joseph Dwight Samuel Dudley & Henry Lee Esqs J p
The Several Towns having made Return of their Several Choices for a Register of Deeds and a County Treasurer according to law, William Ward John Chandler Jun" & Joseph Dwight Esqrs were appointed a Committee to view & Sort the Same and Report To ye Court who were Chosen, The Said Committee Having Sorted the votes of the freeholders for a Register of Deeds made Report that John Chandler Jun" Esq was Chosen by a very great majority of Votes The Said Committee having Sorted the Votes Returned for a County Treas' made Return that Mr Jonathan Houghton was Chosen by a great majority of votes The Said persons were Re- spectively Sworn to the faithfull Discharge of their Respective offices in Court and the Register of Deeds gave Bond with Suretys according to Law
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.