History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I, Part 51

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 700

USA > Massachusetts > History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I > Part 51

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By an act passed in 1651 the commissioners in Boston were annually chosen, and were empowered to try and decide causes under ten pounds, with one magistrate, who resided within the town, and cach commissioner was made a judge in crimi- nal cases where the fine did not exceed forty shillings for one offense; but an appeal lay to the Court of Assistants.

A County Court was established in each county, to he held by the magistrates living in it, or any other magistrates that could attend the same, or by such magistrates as the General Court should appoint from time to time, " together with such persons of worth, where there shall be need, as shall from time to time be appointed by the General Court." This court had power to hear and determine all causes, civil and criminal, not extending to life, member, or banishment, or to cases of divorce. Probate matters also were within its jurisdiction.

May 28, 1659, the General Court enacted as follows :

" In answer to the petition of the inhabitants of Springfield, it is ordered, that Capt. John Pinchon, Left. Elizar Holyoke, and Mr. Samuel Chapin, for the year ensuing, and until the Courte shall take fu ther orders, shall have full power and authorite to governe the inhabitants of Springfield, and to heare and deter- mine all cases and offences, both civil and criminall, that reach not life, limb, or banishment, according to the laws here established ; provided it shall and may be lawfull for any party to apprale to the Court of Assistants at Boston, so as they prosecute the same according to the order of this Courte; provided, also, that thrire trialls may be by the oaths of six men, if twelve cannot be had for that service, and that Northampton be referred to Springfield in reference to County Courts, web Comts shall he kept, one on the last Tuesday in the first month, and the other on the last Tuesday in September, yearly, at Springfield, unlesse the commissioners aforesaid shall see just cause to keepe one of them at Northampton ; and the two Comts to be kept at Springfield or at Northamp- ton, as aforesaid, shall ip all respects have the power and privileges of any County Court till this Court shall see cause otherwise to determine; provided, they shall not warne above fower jurymen from Northampton to Springfield, or from Springfield to Northampton ; and all fines as well as vutry of actions shall goe toward the defrayeing of chardges of Courts; and out of Court the commission- ers, or any two of them agreeing, may act in all respects as any one magistrate may doe, either at Springfield or Northampton; and the commission graunted last yeare respecting Northampton is hereby repealed."*

The first session of court held within the territory of the old county of Hampshire was at Springfield, March 27, 1660, by Capt. John Pynchon, Mr. Samuel Chapin, and Elizur Holyoke, in the capacity of commissioners. The jurors present were Thomas Cooper, George Colton, Benjamin Cooley, Thomas Stebbins, Jonathan Burt, John Dumbleton, Thomas Gilbert, Benjamin Parsons, and Samuel Marshfield, of Springfield ; Henry Curtis, Henry Woodward, and Thomas Bascomb, of Northampton. The first case presented was one for breach of agreement, which was dismissed, plaintiff being adjudged to pay ten shillings and eightpence, costs of court, and six shil-

lings and eightpence for defendant's "journey from North- ampton." The second ease was that of Nathaniel Clark, son of William Clark, of Northampton, against Edward Elmer, for " slander in calling said Nathaniel Theife, to the damage of five pounds." Judgment, four pounds for plaintiff and costs of court.

The county courts were held alternately at Springfield and Northampton, t the first at the latter place being on the 26th of March, 1661, when there " were sent" to hold the same Mr. John Webster, Capt. John Pynchon, and Elizur Holyoke, commissioners. At the second court, held at Springfield, Sept. 25, 1660, Elizur Holyoke was " appointed recorderer for this Court and Connty."

The following order of the court, made Jan. 28, 1665, illus- trates the condition of court affairs in the early times :

"This Corte doth determine that the reasonable charges of ye horses of the Judges or Commissioners & Jurymen that travell to the Cortes at Northampton and Springfield shal be satisfyed by the County Treasurer. This in reference to ye Towns now in being in ye County, & not for such Townes as may hereafter be nearer. By reasonable charges for horses mentioned in this order the Corte de- clared to be meant & intended only pasture or hay according to ye season ; and by travelling to intend only such as travell from Springfield to Northamptco, & from Northampton and Hadley to Springfield."

The first record of a Court of Assistants occurs under date of Sept. 26, 1665. This court was held by Capt. John Pyn- chon, one of his Majesty's assistants, and Lieut. William Clark, Lieut. Samuel Smith, and Mr. Peter Tilton, associates. The last-named became assistant, by appointment, May 27, 1685. Capt. Pynchon and Mr. Tilton " presided in the county courts, and were members of the house of magistrates, at Boston, and judges of the Courts of Assistants."

By the second volume of court records, it appears that the last act of the original county court was at a meeting of the worshipful Maj. Pynchon and the worshipful Peter Tilton, Esquires, at Springfield, when two wills were admitted to probate.

From the opening of the courts in Hampshire until 1692, the records were kept in the same volumes t with the registry of wills and probate proceedings, and, until 1677, by one clerk, who followed the court in its perambulations between the two places. In that year the court at Springfield ordered as follows :

"This court, considering the remoteness of the places one from the other where the County Comts are kept, and the trouble and the hazard in carrying and conveying the records from place to place, besides the inconvenieneys and the charge to the people in going for to search any records, as occasion may be, Do therefore judge mert to have the records kept henceforward in or near rach town where the courts are kept, that there may be double records for the greater security, for which end it is concluded to have two clerks, or recorders, for this county ; Samuel Partrigg being already stated, he is henceforward to attend at Northampton court, and to keep and record all matters that respect yt part of the county thereabouts; and this court doth now appoint Mr. John Holyoke also a Clerke of the Courts, who is to attend at Springfield Courts, and is to record deeds for Lands, etc., and whatever respects this part of the county hereabouts; each clerk to attend ye respective courts in their several stations, and some short time after the end of every court, as soon as they have fairly recorded ye acts of the court out of their day-book or waste-booke, which they are speedily to do, and then to transmit the day-book to the other clerk, who is likewise to record as fair in his book, & then return ye day-book or waste-book ; & this each of them to attend from time to tilne."

PROVINCIAL COURTS.

Provincial courts were established under the charter of William and Mary, of 1691. The provincial Legislature was empowered by this charter " to ereet and constitute judicato- ries, and courts of record or other courts," to be held in the name of the King. By the same charter the governor for the time being, with the council or assistants, had power to " do, execute, and perform all that is necessary for the probate

+ The courts were held, till the erection of a court-house, at the house of some innholder,-in those days called an ordinary. The first in Northampton were held at the house of Henry Woodward, who kept an ordinary near where the Smith College now stands.

# There are two such volumes,-the first in the office of the register of probate, the second in that of the clerk of the courte.

* Mass. Records, Vol. IV., Part I, page 379.

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HISTORY OF HAMPSIHRE COUNTY.

of wills, and granting administrations for, touching, or con- cerning, any interests or estates which any person or persons shall have within our said province or territory."

In 1692 the "Superior Court of judicature over the whole province" was instituted, to be held by " one chief-justice and four other justices," three of them to be a quorum. This court had power in civil cases, and was also a court of assize and general jail delivery. A further act, passed in 1699, added to the powers of this court, authorizing it to take cog- nizance "of all other matters, as fully and amply, to all in- tents and purposes whatsoever, as the Courts of King's Bench, Common Pleas, and Exchequer, within his Majesty's kingdom of England could do."

By the acts of 1692 and 1699 the Inferior Court of Common Pleas was established in each county, to be held by four jus- tices duly appointed and commissioned, three of whom should form a quorum. Their powers extended to all civil actions arising or happening within the county triable at the common law, and upon judgment to award execution.

By the same aets there was established a Court of General Sessions of the Peace, to be held in each county four times each year, empowered " to hear and determine all matters re- lating to the conservation of the peace and punishment of offenders, and whatever is by them cognizable according to law." By the later act, 1699, the defendant was allowed his appeal to the next Court of Assize. This court was held at the same time and place with the Court of Common Pleas.

The first record of any court held under the laws of the province is that of a " General Sessions of the Peace, County Court, and Inferior Court of Common Pleas," held July 25, 1692. The record reads :

" At the General Sessions of the Peace, held at -, in West Hampshire, in ye Majesty's Province of Massachusetts Bay in New England, bring the first sessions after that his Excellency Se William Phips, Knight, tooke the Government,- present, John Pynchon, Samt Partrigg, Aaron Cooke, Joseph Hawley, Esq. The Commission for their Majesties1 Justices of the Peace for said Hampshire, in their Majesties' Province of the Massachusetts Bay in New England, for the conserva- tion of the Peace, and for the quiet Rule and Government of the people of said County, was firstly read. Imprimis, it was ordered that constables, tithing-men, or other officers, according to their respective times and places chosen and sworn, shall stand and continue their respective yeer by and according to sd choices and oathes, and to officiate accordingly."

Having thus established the civil government on a firm footing, the court decreed that "Capt. Samuel Partrigg hath license to retaile strong drinke."

There is a gap in the records of this court from June 5, 1694, until March 7, 1727, when it again appears as an " Infe- rior Court of Common Pleas," with Samuel Partrigg, John Stoddard, John Ashley, and Henry Dwight, Esquires, pre- siding. The last session of this court prior to the Revolution was held May 17, 1774, at which sat Israel Williams, Oliver Partridge, Timothy Dwight, and Thomas Williamson, jus- tices. After an intermission of four years this court was again organized by the General Court, which appointed Es- quires Timothy Danielson, Eleazer Porter, John Bliss, Samuel Mather, Jr., to be justices thereof, who made Robert Breck clerk', and held their first session Aug. 25, 1778.

The province courts were superseded by those of the com- monwealth in 1782.

COMMONWEALTH COURTS.

The courts of the commonwealth of Massachusetts were established by act of July 3, 1782. These were the Supreme Judicial Court, the Court of Common Pleas, and Court of General Sessions of the Peace.

The judges of the Supreme Judicial Court, by that act, were to " hold their offices as long as they behave themselves well," and to have honorable salaries, ascertained and established by standing laws. This court was to consist of one chief and four other justices, any three of whom constituted a lawful tribunal. It was given jurisdiction in civil and criminal causes and in various other matters, and was constituted the

"Supreme Court of Probate," with appellate jurisdiction in nearly all probate matters.

A Court of Common Pleas established by the same act for each county was similar to the provincial court of that name, and was superseded by the Circuit Court of Common Pleas, by act of June 21, 1811; which act divided the State into six circuits, exclusive of Dukes and Nantucket Counties. This court was abolished in 1821, and a Court of Common Pleas throughout the State established, consisting of four judges, one judge empowered to hold a court. The powers and duties of the latter court were substantially those of the Circuit Courts.

The Court of General Sessions of the Peace established by the act of 1782 for each county was held by the justices of peace therein, and determined matters relating to the con- servation of the peace and the punishment of offenses cogni- zable by them at common law. After several changes and modifications its powers and duties were transferred to the Circuit Court of Common Pleas, before described.

The Court of Common Pleas was finally abolished in 1859.

PROBATE COURTS.

In 1639, as previously stated, the Legislature ordered that records be kept of " wills, administrations, and inventories." On page G of the first volume of court records is the first will that was admitted to probate, as follows :

"The will and testament of John Harman, of Sp'gfld, deceased, who died the 7th day of March, 1660-1661. Know all whom this may concerne, that John Harman, of Springfiell, being sick & weake in body, but of ready memory & understanding, being requested on the 4th day of March, 1660-1661, to settle his worldly estate, did refuse to dispose of any thing pertickerlarly, but said he would leave all that he had unto his wives hand ; for he said shee is a ten- der Muther, & therefore Shee shonkl have the dispose of all. This was spoken by the said John Herman the day above mentioned, beinge two dayes before his death, Witnesses whereunto were the mark of

" Recorded May 13, 1G61."

" ELIZUR HOLYOKE & JOHN X LUMBARD.

By the constitution of Massachusetts, "judges of probate of wills, and for granting letters of administration," hold their offices during good behavior, and are appointed and commissioned by the Governor. By the act of March 12, 1784, probate courts were established, and their powers and duties prescribed.

When the provincial courts were established, in 1792, the Court of Probate was separated from the others,-at least, in Hampshire County. From that time until June, 1858, the officers of this court were a judge of probate and a register of probate. At the latter date the Court of Insolvency was placed under the jurisdiction of these officers, who have since been denominated respectively " Judge of Probate and In- solvency" and " Register of Probate and Insolvency."

The Court of Insolvency was established in 1856, supersed- ing the commissioners of insolveney, who had previously the charge of insolvent matters. Horace I. Hodges was appointed judge of insolvency in June of the year named, and R. B. Hubbard register. The latter served until January, 1857, and was succeeded by Luke Lyman, who was chosen in the fall of 1856, the office having been made elective. The duties of these officers ceased when the courts were united as above named in 1858.

FIRST CORONER'S INQUEST.

The first coroner's inquest within the old county of Hamp- shire was held on the 7th of April, 1660. The jurors present were Thomas Cooper, William Branch, William Warriner, Thomas Stebbins, Thomas Noble, John Stewart, Samuel Marshfield, Henry Burt, Benjamin Parsons, Abel Wright, Richard Sikes, and John Clark. The following is from the record of the inquest :

"This day the youngest child of Juhn Harmon, of Springfield, called Ebenezer, of about three years of age, was found dead in the brooke in Nathaniel Pritch- ard's yard ; concerning whose death there was search and inquiry made by a jury of twelve men of this Towny of Springfield how the said child came to its end.

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HISTORY OF THE CONNECTICUT VALLEY.

" The jury's returne upon oath before Samuell Chapin & Elizur Holyoke, com- missioners, was that accordinge to their best light that they could have in the case they judge that the child was drowued in the brooke through its own weak- Dess and imbecillity, without the haud of any other person being any occasion or cause thereof."

COUNTY COMMISSIONERS.

A board of county commissioners was established by act of the General Court, Feb. 26, 1828. The powers and duties of the Court of Sessions and of commissioners of high ways were transferred to the board of commissioners. The board consists of three members, one of whom is chosen annually for a term of three years. Two special commissioners are elected, each at the same time, for a term of three years.

The commissioners have the care of county property, and are empowered, among other things, to estimate and apportion county taxes, erect and repair county buildings, lay out high- ways, license ferries and inn-holders, appoint overseers of the house of correction, and establish rules for its government.

The special commissioners are called to act in cases of va- caney in the board, or where the commissioners are interested parties.

Hon. Levi Lyman, Hon. Charles P. Phelps, and Alvan Rice were the first county commissioners, and Ithamar Conkey* the first special county commissioner.

COUNTY BUILDINGS-COURT-HOUSES.

In 1655 a committee of five persons was appointed by the inhabitants of the town of Northampton " to build a house for the town of sawen timber." It is probable that this build- ing was used to accommodate the courts, which were first held in Northampton in 1661, and was, in fact, the " first court- house," which is deseribed as having been situated " near the intersection of Main and King Streets."

March 6, 1738, the inhabitants of Northampton voted to build a " Town-House" the summer following, and chose a committee to present the matter to the Court of General Ses- sions of the Peace, " to see what they will order toward de- fraying the charges of building the Town-House." The materials of the old meeting-house, so far as suitable, were to be employed in the proposed building.

This, the second court-house, was situated " near the east end of the green, fronting Shop Row."t When it was built, or by whom, are matters unrevealed ; but it was occupied by the courts until the erection of its successor in 1813. The com- mittee baving the new edifice in charge were authorized to dispose of the old court-house, and it was finally sold to Isaac Damon, the contractor, at "the appraisement of men." At the court beld in January, 1814, it was ordered " that the old court-house be removed from the county ground within fif- teen days from the 18th day of January." It was removed to the rear of the present Granite Row, where it was occupied for a time as a vinegar-factory, and finally to Market Street, where it now stands (1879), the property of Erastus Slate.

The corner-stone of the third court-house was laid in due form by the officers and members of Jerusalem Lodge, June 24, 1813. An address was delivered upon the occasion. In the " foundation-stone of the northeast corner" were deposited sundry silver and copper coins of our own and foreign coun- tries, both ancient and modern. The oldest coin was of the reign of Canute, King of England. "The cavity was filled with melted lead, over which was placed a plate of lead having the following engraved thereon : 'June 24, A.L. 5813, was laid the foundation-stone hereof,-the superstructure designed

for the safe-keeping of the public records and dedicated to Jus- tice. Daniel Stebbins, P. D. D. G. M. Isaac Damon, archi- tect.' " This stone at the date of building was about three feet below the hewn stone at the northeast corner.

The first steps toward the erection of the third building were taken in August, 1810, when a committee was appointed, consisting of Ebenezer Mattoon, William Ely, Jonathan Smith, Jr., Sylvester Judd, Asa Stebbins, Richard E. New- comb, Esq., and Mr. Oliver Smith, who reported, Jan. 11th fol- lowing, that a court-house ought to be erected " on the eounty land near where the present court-house now stands, and that it be built with bricks, sixty by fifty feet, with twenty-eight feet walls : the court-room to be on the upper floor, and clerk's office and jury-rooms on the lower floor." The cost was esti- mated at six thousand three hundred and eighty-four dollars and eighty cents. There was no progress made until Deeem- ber, 1812, when a contraet was made with Isaac Damon for the proposed work, a new estimate and proposals having meantime been submitted.

This edifice was occupied by the courts and county offices until November, 1822, when it was destroyed by fire, which originated in the space above the court-room, under the roof. The fire was discovered at ten o'clock in the morning, during a session of the court, and defied all efforts to extinguish it. " The interiors of the fire-proof rooms were not affected by the flame," but their contents were removed.

Feb. 27, 1823, a contract was made with Capt. Damon, the builder before mentioned, for " rebuilding the fire-proof offices required by law, connected with the court-rooms and jury- rooms." After some time considering the question of location, it was ordered, April 9th, that the " southeasterly corner be the same as that of the late court-house, and to extend northwest- erly on a line of the old foundation, sixty-eight feet, the north- easterly corner thereof to be five feet farther toward the northeast than the former court-house, and the line of the front end be the same as the front line of that house." Hon. Jona- than H. Lyman was appointed to superintend the rebuilding. Oliver Warner's ball was used for sessions of the court during the interval of building.

This, the present court-house, bas been several times changed in its interior arrangement, the last alteration being made in 1858, when an office was prepared for the register of deeds. Besides this office it now contains on the ground-floor an office for the clerk of the courts, in which are the court records and the Hampshire Law Library, and an office for the register of probate, and a jury-room. The court-room is in the former building, and occupies the upper floor.

HOUSES OF CORRECTION AND JAILS.

A little more than one year before the erection of the county the first steps were taken toward providing a house of correc- tion. March 26, 1661, Mr. Pynchon, " the county treasurer," having a balance of £13 10s. in his hands, the court ordered that said sum should be " allowed and improved to the build- inge of a house of Correction in Springfield, which buildinge the said Mr. Pynchon is appoynted to take care of, that it be carried on to effect." Sept. 30, 1662, the court ordered a rate levied upon the three towns in " reference to charges concern- ing ye house of Correction and other occurrences." Jan. 17, 1665, Nathaniel Ely was authorized to finish " said house with all possible speed to eompleat it for ye service to which it is appoynted." Sept. 24, 1667, the court authorized Capt. Pyn- chon and Elizur Holyoke to agree with a master to keep the house, and to "engage, if they see cause, that he shall bave five pounds per annum paid unto him by this county."

The building was completed in 1658; was forty feet in length, and constructed mainly of hand-sawed boards, plank, and tim- ber. Accommodations for the keeper were provided under the

* Who was the other commissioner for 1828 does not appear.

+ A correspondent of the Hampshire Gucette, " D. T.," June 1, 1869, says : " The church, court-house, atl school-bouse were on a line. The school-house stood on the flat, in front of the two elms that now statu there, and the two first-named Imildings on the hill." Another correspondent, June 15, says: " The court-house stood nearer the street than the church, doors at the west, with a bauk wall of stone, topped by a round log or logs, unhewed, running from the southwest eur- ner, in a diagonal direction, toward the street, making a rather crooked path np to the court-house."

# Vide Hampshire Guzette, Nov. 27, 1822.

HISTORY OF HAMPSHIRE COUNTY.

167

same roof. The prison was burned by the Indians in 1675, and a new one built in 1677-80, at a cost of about sixty pounds. Simon Lobdell was the first keeper, in 1668.

The first prison built at Northampton was erceted in 1704; it was twenty-four by sixteen feet in size, " hesides the chim- ney," and had a small dwelling at one end for the keeper. It stood near where the present town-hall is situated.

Between 1783 and 1794, Stephen Burroughs was convicted upon the charge of passing counterfeit coin, with knowledge, and was eonfined in the jail at Springfield. Owing to the supposed insecurity of that edifice as a place of confinement for the illustrious prisoner, he was removed to Northampton jail. " About sunset," he says, " we arrived at Northampton, and were consigned to the abodes of misery. The ponderous doors growled on their reluctant hinges. The rattling of bolts, bars, and locks, reverberating through the hollow apart- ments of the dreary abode, made such an impression on my mind that with difficulty I supported myself under this situa- tion. The appearance of the Cerberus of these infernal abodes was equal to every poetic description of the janitor of hell. 'IJail, ye infernal powers,' said I, ' who inhabit these regions ! Assemble your forces, gather your strength, and keep high carnival to-day, in consideration of those victims which have now fallen a sacrifice at your shrine!' I was confined in a room on the ground-floor, alone and shut out from the possi- bility of seeing any company."

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History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I, Part 51

Author: L.H. Everts & Co Publication date: 1879 Publisher: Philadelphia : Louis H. Everts Number of Pages: 700

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 700