USA > Massachusetts > Worcester County > Proceedings of the Worcester Society of Antiquity, for the year 1881-1882 > Part 16
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A Petition of Thomas Green and Others Inhabitants of the Town of Leicester Shewing that they are of the perswasion or Denomina- tion of those Commonly Called annabaptists praying that they may obtain the favour and Priviledge Granted to them by the laws of the province made in the first & Second years and in the third year of the Reign of his present majestys &ct and that the Court would appoint Some meet persons to bring into this Court a list of all such persons within the Town of Leicester that profess themselves to be of Said Denomination and usually attend such meetings ac- cording to the law
Read and the same being Duly Considered Ordered that m" Thomas Green & m" Daniell Denney be Impowered to take and bring Into this Court at the Session in august next a list of all per- sons within the Town of Leicester that are of the Denomination Called annabaptists and usually attend Such meetings that the Court may advise and act thereupon agreeable to law
Benjamin Wheler of Lancaster in the County of Worcester Hus- bandman being bound over to this Court by m' Justice Wilder to answer to his presentment by the Grandjurors of our Sovereign
I See Notes at the end of the Record of this term of the Court.
39
1731-2. Worcester County, Massachusetts.
Lord the King for his neglecting to attend the Publick worship of God for more than one month last past which is against ye good and wholesome laws of this province and against the peace of our Sovereign the King his Crown & Dignity Came into Court & to his presentment Pleaded not Guilty & put himself upon Tryall by the Court The Case being fully Considered The Court are of opinion that the Said Benjamin Wheler is not Guilty of neglecting to attend the Publick Worship of God for more than one month last past as Sett forth in the Said presentment and therefore order that the Said Benjamin Wheeler be Dismisst from his bonds & pay the Cost of his prosecution Taxed at one pound Six Shillings & Sixpence from which Judgment the Said Benjamin Wheler appealed to the next Court of assize and Generall Goal Delivery to be holden at Worcester within and for the County of Worcester on the Wednes- day Imediately preceding the time by law appointed for the hold- ing the said Court of Assize and Generall Goal Delivery at Spring- field within and for the County of Hampshire In September next and entered into Recognizance with two Suretys as the law directs for his prosecuting his appeal with Effect and to abide & perform the order or Sentance of Court thereon
Cost paid appeal withdrawn
Mary Moore Housewife of lancaster in the County of Worcester wife of Jonathan Moore Jun' of Said Lancaster being bound over to this Court by m' Justice Wilder to answer to her presentment by the Grandjurors of our Sovereign Lord the King for Said County for her neglecting to attend the Publick worship of God for more than one month last past, which is against the good and wholesome laws of this province and against the Peace of our Sovereign lord the King his Crown and Dignity, Came into Court & to her pre- sentment pleaded not Guilty and put herself upon Tryall by the Court, The Case being fully heard & Duly Considered the Court are of opinion that the said Mary Moore is not Guilty of neglecting to attend the Publick worship of God for more than one month last past as sett forth in the presentment and therefore order that
.
40
Court of General Sessions.
S FEBRUARY ₹ TERM,
the Said Moore be Dismisst from her bonds and pay the Cost of her prosecution Taxed at one pound Eleven Shillings & Three pence from which Judgment the Said Mary Moore appealed to the next Court of assize and Generall Goal Delivery to be holden at Worcester within and for the County of Worcester on the Wednes- day Imediately preceeding the time by law appointed for the hold- ing the said Court of assize and Generall Goal Delivery at Spring- field within and for the County of Hampshire In September next and entered into Recognizance with two Suretys as the law directs for her prosecuteing her appeal with Effect and to abide & per- form ye order or Sentance of Court thereupon
Cost paid appeal withdrawn
David Parsons of Leicester in ye County of Worcester Clerk 1 Complainant versus the Selectmen of Leicester aforesaid Defendts. &ct as pr the writt & Petition on file may appear. The Selectmen desiring the Case may be Continued To the Session in may next and m' Parsons Consenting thereto The Same is accordingly Con- tinued under view that in the mean time the matter may be ac- comodated
this Court is adjourned to the 2ª Tuesday in march next to sitt [in] Worcester, at ye house of Daniell Haywood
1 The title of Clerk was formerly given to a clergyman or any educated person.
WORCESTER SS Anno Regni Regis Georgij Secundi Magnæ Brittania Francia Hibernia Quinto
Att a Court of General Sessions of the peace held at Worcester for & within the County of Wor- cester the Second Tuesday of March being the 14th day of Said Month Anno Domy 1731-2 by adjournment from the Ist Tuesday of February last past
Benjamin Townsend of Worcester in said County Husbandman being bound over to this Court by m' Justice Jenison to answer to such matters and things as shall be objected against him on his majestys behalf and Especially for the abuse he offered at a Court held before the said William Jenison Esq the 22nd day of February last past at the house of Thomas Starnes in Worcester in said County Inholder which Court was held by virtue of a speciall war- rant, and the said Townsend to be of the good behaviour in the mean time towards his majesty and all his Leige people &ct the said Benjamin Townsend came into Court and to the matters al- ledged against him pleaded not Guilty and putt himself on Tryal by a Jury whereupon the Court Order that the Case be Continued to the next Court of Generall Sessions of the peace to be holden at Worcester aforesaid on the Second Tuesday of May next and that the said Benjamin Townsend give bond with two Suretys for his appearance at said Court and abideing Judgment &ct and In the mean time to be of the good behaviour towards his majestye
6
42
Court of General Sessions.
S FEBRUARY 2 TERM,
and all his Leige people, The said Benjamin Townsend Recog- nized as principall In the Sum of Thirty pounds & Thomas Hap- good and Jotham Rice as Suretys in fifteen pounds Each ; for the said Benjamin Townsends appearance & abiding the Judgment of said Court & being of ye good behaviour in ye mean time &ct
The above Recognizance was Discharged may 1732
Sarah Read of Rutland In the County aforesaid Housewife & wife of Thomas Read of said Rutland being bound over by way of Recognizance to the Court of Generall Sessions of the peace In February last past by m' Justice Wright to answer for the Sin of fornication &ct and being not able to Travell to said Court her bonds were Continued to this time She now appeared in Court and Pleaded Guilty where upon the Court order that for her Crime she pay a fine of three pounds or be whiped on the Naked back five Stripes & pay the Cost of her prosecution and stand Com- mitted till Sentence be Performed, Cost Taxed at one pound six shillings & six pence, She paid the fine & Cost in Court which was Divid to the Justices present in part of what is due to them being 8/7 apeice
The Town of Worcester being presented by the Grand Jurors of said County for their not being provided with Stocks as the law Directs at this Court in February last past appeared before this Court by their Selectmen and pleaded Guilty to the presentment, and makeing it appear that they have now a good and lawfull pair of Stocks and praying the Courts favour Its ordered that the said Town be Discharged from paying a fine for said Defect & that they pay Cost Taxed at one pound Eight Shillings & Sixpence
ye Cost is paid
The Committee appointed by this Court in February last past for the building a Goal &ct laid before them an acco" of their pro- ceedings which was approved on
43
1731-2. Worcester County, Massachusetts.
The Severall accompts following were laid before the Court and were allowed and payment ordered to be made to Discharge them out of the County Treasury vizt
an accott of John Chandler Jun Esq amounting unto Twenty Three pounds Ten Shillings &' nine pence 23 10 9
an accott of William Jenison Esq of one pound fifteen Shillings & six pence 1 15 6
an accott of Henry Lee Esq one pound ten shill- ings & three pence 1 10 3
an accot of Richard Wheeler & others of four pounds five shillings 4 5
an accott of Robert Barber of one pound Ten shillings & nine pence 1 10 9
Amounting in the whole to Thirty two pounds Twelve Shillings & 3 pence 32 12 3
And the Clerk is accordingly ordered To Signifie the Same to the County Treasurer.
also To Phinehas Hayward 20/ for Irons for the Cage
And the Court was adjourned without day
NOTES.
THE FIRST JAIL. (page 35) The first Jail proper, which was not completed until 1733. was on the present Lincoln Street. a short distance from Lincoln Square. The house of Judge Jennison, where the prisoners were kept for a time. was on the site of State Street, about half-way up the hill. Daniel Heywood lived where the Bay State House now is. corner of Main and Ex- change Streets.
STOCKS, WEIGHTS AND MEASURES. (page 35) Each town was to be pro- vided with Stocks and a full set of weights and measures under the penalty of fines for non-compliance.
SCHOOLMASTER. (page 35) The penalty for neglecting or refusing to maintain a school a certain number of months in the year. was thirty pounds for every town of 150 families, forty pounds for 200 families, and so pro rata.
44
Court of General Sessions.
PUNISHMENT FOR FORNICATION. (page 36) Fornication was punishable by a fine not to exceed five pounds or whipping on the naked body not to exceed "ten stripes apiece." The offence of adultery appears to have been ignored by this Court. married and single alike being tried for fornication.
NEGLECT TO ATTEND PUBLIC WORSHIP. (page 36) "And be it . . enacted, That if any Person being able of Body and not otherwise necessarily pre- vented, shall for the space of one Month together absent themselves from the publick Worship of God on the Lord's-Day, they shall forfeit and pay the Sum of ten Shillings.
"Provided always, That if upon Trial it shall appear that any Person so charged, had good and sufficient Excuse for their Absence, such Person shall be dismissed without Costs."
It will be observed in the foregoing cases that the persons tried, while declared innocent, were ordered to pay costs. notwithstanding the law ex- pressly provided for exemption in such cases. Numerous other instances of this method of dispensing justice will be found in the records of this Court. In the matter of leaving his cash behind, the guilt or innocence of the culprit made little difference. This sagacity is ofttimes emulated in our modern courts.
ANABAPTISTS. (page 38) Anabaptists and Quakers were exempted from paying the general ministerial tax. The law required that a list of the names of such persons in each town should be presented to the Court.
WORCESTER SS Anno Regni Regis Georgij Secundi nunc Magniæ Brittani@ Francia Et Hibernice Quinto
Att a Court of General Sessions of ye peace Holden at Worcester for and within the County of Wor- cester the Second Tuesday of May being the Ninth day of Said Month Annoq Dominij 1732
JUSTICES PRESENT
JOHN CHANDLER
SAMUELL WRIGHT
JOSEPH WILDER
Esqrs Justices of the Peace & JOSEPH DWIGHT
JOSIAH WILLARD
WILLIAM WARD
WILLIAM JENISON
Quorum
SAMUEL DUDLEY
Esqr® Justices
DANIEL TAFT 1 Esqrs
NAHUM WARD
Names of ye Grand Jurors who served this year
M' Thomas Rice Foreman
M' Gershom Rice
M' Eben' Wilder
Mr Josiph Baron
M' James Keith
M' Joseph Banister
Mr Isaac Learned
M' Parcivall Hall
M' Daniell Denney
Mr John Woods
M' Daniell How
Mr Joseph Stevens
M' Robert Taft
Mr Edward Hartwell
Served 2 days
HENRY LEE
JOHN CHANDLER JUN" S Justices
46
Court of General Sessions.
MAY ₹ TERM,
The names of the Grand Jurers who were Returned to Serve the present year vizt.
Oxford Capt Ebenezer Learned Worcester M' James Taylor
foreman
Lancaster Mr John Bennitt Mendon M' Ebenezer Daniells
Woodstock M' Ephraim Child Brookfield M' Samuell Barnes
Westborough M' Isaac Tomlin Sutton M' Nathanael Dyke Leicester M' Thomas Richardson Southborough M' Samuel Ward Rutland M' Edward Rice Shrewsbury Mr John Crosby
Uxbridge M' Woodland Thompson
Lunenburg M' Ephraim Peirce who were Sworn & the Charge being given them were Dismist Till The next Term. Each attended one day :
Constables that attended were Robert Peibles 2 days James Calwell 4 days
The Court proceeded To sort ye Votes for ye Choice of a County Treasurer, And M' Jonathan Houghton of Lancaster was Chose by a major Vote & was Sworn accordingly
The acco' of ye Charge of ye Grandjurors That Served at ye Court of Assize & Generall Goal Delivery in September last amounting unto thirteen pounds thirteen Shillings was Examined & allowed and payment ordered thereupon accordingly for 13 13
also ye acct of ye Grandjurors that Served at ye Court from au- gust last amounting unto forty nine pounds Seventeen Shillings was accordingly allow'd & paymt ordered for 49 19
The order given accordingly Totall 63 12
'The Towns following being presented by ye Grandjurors for Sundry Defects appeared by their Respective Selectmen, and were Excused paying Costs vizt
47
1732.3 Worcester County, Massachusetts.
Southborough three presentments-Uxbridge two presentments -. Brookfield one presentment -Lunenburg one presentment- Rutland one presentment-and Cost were paid accordingly
The Committee appointed for building ye Goal &ct laid before ye Court an accot of their proceedings which were approved and thereupon the Court ordered that the County Treasurer pay to ye Committee or their order the Sum of one hundred pounds by the last day of May next & the further Sum of Seventy pounds by the last day of July next To Enable them To pay the Two first pay- ments they are obliged To towards building the Said Goal &ct
Upon Reading the Petition of the Reverend M' David Parsons of Leicester in behalf of himself & family Seting forth that the Pe- titioner accepted the Call of the Church and Town of Leicester, to the Gospell ministry among them Sometime in the year 1721 with an Incouragement from them of an Honourable Support of Seventy five pounds &ct from year to year in which Service the Petitioner has Continued ever since according To his poor Ca- pacity heartily Endeavoured to be faithfull. But the Town has been formerly very negligent in Supporting of him and his family which has necesitated him to many Long and Grevious processes at ye Session in Middlesex for the Same where he Recovered Judgment against them at least for a part till ye year 1730, which began with march Since which they have been wholly Deficient in Every part which has put him to Distressing Difficultys to Support himself & Carry on his Work &ct praying the Court would take his Case into their Serious Consideration and in their Wisdom and Justice accord- ing to the Direction of the good laws of this province take Effectual Care for the Support of the Petitioner & his family by causing the Town of Leicester Imediately To pay in a Sutable Consideration for the Petitioners Service in the Gospell ministry amongst them for yª year 1730 & otherwise to find Such further or other Reliefe in the premises as the Court Shall think fitt to Inable the Petitioner
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48
Court of General Sessions. MAY ₹ TERM,
in his duty for ye future &ct as by the Petition on file. The Se- lectmen of Leicester being Summoned by a warrant from this Court to make answer to this Petition at the Court of Generall Sessions of the peace held at this place on the first Tuesday of February last past, appearing Desired this Case might be Continued To this time under a view that the matter might be accomodated to which m' Parsons Consented and now the Sd Selectmen appeared vizt Richard Southgate Daniell Denney Thomas Newhall Thomas Richardson & Samuel Green and acknowledged the Town of Leicesters Contract with the Revd m' Parsons and that his yearly Sallary was Seventy five pounds a year and that the Town had been negligent in not Supporting Said m' Parsons. The Court having therefore Duly Considered the Case are of opinion that they are Guilty and order that the said mes"s Richard Southgate Daniel Denney Thomas Newhall Thomas Richardson and Samuel Green the said Selectmen be fined the Sum of four pounds each accord- ing to The direction of the law in that Case made and provided for that it appears to be a Second neglect of the maintainance of their minister, and to pay Costs of prosecution Taxed at Three pounds nine shillings & Six pence, and Samuel Wright Esq Messrs Benjamin Flagg Jun. of Worcester & m' Jonas Houghton of Lan- caster be assessors, to assess and apportion the Sum of Seventy five pounds upon the Inhabitants of Said Town of Leicester in Such manner as is Directed for raising other Publick Charges and to present Such assessment unto Two Justices of the peace Quorun Unus that so a Warrant may be affixed thereto for the leveying and Collecting the Same according to the laws of this province and upon Such Collection to pay the Same to Henry Lee Esq of Worcester who is appointed by this Court To Receive and pay the Same to the Revd m' David Parsons for his Sallary for the year 1730, begining with march
The Selectmen of Leicester appealed from the Judgment of this Court to the next Court of assize and General Goal Delivery to be holden at Worcester within and for the County of Worcester, on the Wednesday Imediately preceeding The time by law appointed for holding Said Court of assize & Generall Goal Delivery at. Springfield in and for the County of Hampshire in September next
49
1732.1 Worcester County, Massachusetts.
and Entered into Recognizance pursuant to law to prosecute their appeal as aforesaid with Effect.
Richard Southgate of Leicester In the County of Suffolk Hus- bandman as principal In the Sum of Twenty pounds & Daniell Denney and Thomas Newhall as Suretys in Ten pounds Each ac- knowledged themselves to be Indebted to m' David Parsons of Leicester Clark to be Leveyed on their Severall goods or Chattells Lands or Tenaments and in want thereof on their bodys for the use of the said David Parsons Conditioned that the said Selectmen of the Town of Leicester shall prosecute their appeal as aforesaid with Effect
Attest John Chandler J' Cler pea The Court was adjourned without day
7
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WORCESTER SS Anno R R' Georgij Secundi nunc Magniæ Brittani Francia Et Hibernia Sexto
At a Court of Generall Sessions of the peace held at Worcester for and within the County of Wor- cester on the Second Tuesday of Augst Being the Eighth day of Said Month, Anno Dom; 1732
JUSTICES PRESENT WERE
JOHN CHANDLER Esq ) Justices of SAMUELL WRIGHT Esq
JOSIAH WILLARD Esq
WILLIAM WARD Esq
WILLIAM JENISON Esq & Quorum SAMUEL DUDLEY Esq HENRY LEE Esq
DANIEL TAFT Esq.
NAHUM WARD Esq
JOHN CHANDLER J Esq
Names of the Grandjurors that attended
Capt Ebenezer Learned foreman
M' Thomas Richardson
M' James Taylor
M' Samuel Ward
M' John Crosby
M' James Holden M' John Bennitt Mª Jonas Houghton
M" Nath11 Dyke Mr Ephraim Childs M' Isaac Tomlin
Mr Woodland Thompson M' Ephraim Peirce Served 2 days each and Mr John Eddy Constable of Oxford at- tended them
JOSEPH WILDER Esq the Peace JOSEPH DWIGHT Esq
51
1732.3 Worcester County, Massachusetts.
A Petition or Complaint of Daniel Taft of Mendon In ye County of Worcester Esq-Shewing that there being no Publick highway or Countey Road-Leading from Worcester To Mendon whereby persons who have (Since ye Erecting a County) dayly business To 'Transact in the Shire Town &ct are greatly damaged &et humbly moving to the Court that they would Conformable to Law order a Committee to view the lands in and between Said Towns &ct and make Report to this Court at their next Session, or at this present Session in Case that it Should be adjourned that the Court may act thereon as by the Petition on file will appear Read and the Court appoint Wm Jenison Daniell Taft & Sam" Dudley Esqrs a Committee To view The lands in & between ye Towns of Worces- ter & Mendon and make Report as Soon as may be what may bee what may be proper for the Court To act concerning ye premises
A List of the Presentments made by the Grand Jurors to this Court vizt The Grandjurers for ye body of the County of Wor- cester upon their Oaths do present Margaret Newton of South- borough in the Said County Spinstress for her being Guilty of For- nication and do Likewise present ye Town of Shrewsbury for their not being provided with a writing & Reading Schoolmaster as ye law Requires which things are against the good and wholesome laws of this province and ye peace of our Sovereign Lord the King his Crown & Dignity Joseph Dwight attor pro. Rego : Billa vera Ebenezer Learned foreman
A memoriall of Eleazur Fletcher of Sutton Showing that the m[em ]orialist lives Six miles distance from the meeting house in Sutton & that about Two miles thereof there is no Road or way laid out and that he with Others his neighbours are necessatated to Trespass on other mens lands to go to meeting & having adrest ye Select men of Sutton for Reliefe are Refused any, praying this Court would be pleased to Redress the great Difficulty he with others at present Labour under as by the memorial on file will
,
52
Court of General Sessions.
AUGUST TERM,
appear the Court Order that the Selectmen of Sutton be Cited to appear before this Court on Wednesday ye 20th of Sep" next at two aclock afternoon To make answer to ye above memoriall or Com- plaint & Shew Cause if any they have why the prayer of [the pe- titioners ] Should not be granted
David Parsons of Leicester In the County of Worcester Clr ver- sus The Select men of Leicester &et as by the Sumons will appear
The partys appeared in Court & desired the Case might be Con- tinued till The next Term and it accordingly was.
Samuel Gibs and Lydiah his wife and Hezekiah Moore were bound over by way of Recognizance by Joseph Wilder Esq To appear at the Court of Generall Sessions of ye peace held in may last, to answer Severally for the Sin of fornication their Recogni- zances were Continued to this Court, and the persons now all ap- peared & Pleaded Guilty The Court thereupon order that they pay each a fine of thirty Shillings & Cost of Suit, or be whiped on the naked body five Stripes Each which was done in Court & they were discharged
Jonathan Newton & Tabitha his wife were bound over by way of Recognizance by Wm Ward Esq to appear at this Court to an- swer for the Sin of fornication Committed by them before mariage the partys appeared & pleaded Guilty The Court thereupon or- der that they each pay a fine of thirty Shillings & Cost of Court or be whipt on ye naked body five Stripes each & stand Committed till Sentance be performed Judgment Satisfied in Court
The Towns of Brookfield and Lunenburg be[ing] presented by the Grandjurors for not being duly provided with a Standard of
53
1732.3 Worcester County, Massachusetts.
weights and measures as the law Requires appeared by their Se- lectmen and being now provided therewith were Excused paying Costs
Samuell Leightle & Mary Warden being Bound over to this Court by way of Recognizance by Joseph Dwight Esq to appear at this Court To answer for their presuming to Lye together in one and the same bed being both undress'd appeared in Court & pleaded Guilty The Court thereupon order that they pay as a fine for their offence Twenty Shillings each & Costs which was done in Court
The Court now order that a Sutable and Convenient Court house be built on the land Given by Wm Jenison Esqr for that Purpose, and Wm Jenison John Chandler Jun & Henry Lee Esqrs or any Two of them are appointed a Committee In the Name of this Court to Inform the Gent at Boston or Elsewhere who have an Interest in land (in ye County and Especially) in ye Town of Worcester and by that Towns being made the Shire Town are greatly advanced of the Courts Intention & to Know what any of them will be pleased to give towards building & adorning Said house and Said Committee are desired to wait upon said Gents and with them to advise what manner of a House to build, and to make Report to this Court thereof and of what it may Cost as soon as may bee that So the Court may the better Know what measures to take Respect- ing the affair
[A copy of this record was given to Henry Lee indorsed as follows :
To Henry Lee Esq
Sr We desire you to act in our Names Concerning the within mentioned premises as fully as if either or both of us were in Boston
yr friends & Servts
WILLIAM JENISON JOHN CHANDLER Jr ]
54
Court of General Sessions.
AUGUST TERM,
The Court Order that the Committee appointed for building the Prison &t make Such additions thereto as they may judge most proper and Especially to Enlarge the yard
An acco" of Daniell Gookin Esqr Sheriff of the County presented for payment Read & ordered that the Hon" Joseph Wilder Esq" &' Henry Lee Esqr be a Committee to auditt & Examin the Same and Report what may be proper for the Court to do thereon at the adjournment in September next
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