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 11
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Worcester ss To the Sheriff of the County of Worcester or his Deputy Greeting Whereas ye Comittee appointed by ye Court of Generall Sessions of ye peace in may Last past have made Re- port Concerning a Publick Highway or Country Road between ye Towns of Worcester and Sutton being necessary to be Laid out as ye Report on file appears. These are therefore in his maj- [SEAL] esties Name to Require and Comand You or one of you to Sumon and Impanell a Jury of good and Lawful men Qualified according to Law to meet & assemble att ye Dwelling House of M' Joseph Boyden in Sutton aforesaid Inholder on Fryday
168
Court of General Sessions.
S NOVEMBER TERM,
ye first Day of October next which Jury So Sumoned and Impan- elled you are to Cause a proper oath to be administered to them by a Justice of ye peace for ye County aforesd and then to proceed to view and Lay out a Publick Highway or Country Road between ye Towns aforesaid Pursuant to ye Laws of this province & haveing a Due Regard to ye Report of ye Late Comittee hereof fail not and make Due Return hereof with your Doings herein to this Court att their next Sessions of ye peace to be held here on ye first Tuesday of Novem". next as well under your own hand as ye hands of ye Jury aforesaid Dated att Worcester this twenty eighth Day of Sep- tember in ye tenth Year of his majesties Reign anno Dom 1736
By Order of Court-John Chandler J' Clerk pas
Worcester ss October 1. 1736 By virtue of ye within Written Warrant I have Impanelled a Jury of twelve good and Lawful men and had them Sworn as ye Laws Direct who met att Sutton and then Laid out a Country Road from Sutton to Worcester meeting House as { ye Jurys Report herewith all adjoyned will appear
Daniel Gookin Sh
Worcester ss October ye 1 : 1736 then ye Jury that was ap- pointed by Daniel Gookin Esq' Sheriff of said County to Lay out a way from Sutton to Worcester according to ye writtin Warrant personally appeared and was Sworn to act Imparcially and In Dif- ferently to Lay out Said way and in Laying of it out to have a Re- gard to ye Conveinance of ye Publick as well as to particularly parsons Interest and to have a Regard to ye Courts order in Lay- ing ye Same Sworn before me William Jenison Just of peace
Worcester ss : October 2ª. 1736 we whose names which have hereunto Subscribed being Sumoned & impannelled by Daniel Gookin Esq". Sheriff of Said County for to Lay out a Country Road of a Sufficient Wedth from ye town of Sutton to ye Town of Wor- cester according to ye Direction of ye Warrant herewith annexed being Sworn before Wm Jenison Esq" one of his majesties Justices for ye County of Worcester have viewed ye premises and have Laid out Said Road as followeth (vizt) begining att ye End of ye Lane ] the meeting House in Sutton & so by marked trees and heaps of Stones in ye Westerly Side of Said Road as formerly Laid [
-
1736.3 Worcester County, Massachusetts. 169
out by ye Select men of Sutton by ye house of Ebe : Daggit-Sam- uel Lilly John Singletary John Brown Robert Goddard and ye Dwelling House which James Hulnow Dwellsin and to Sutton Line So by marked trees on ye Westerly Side of Said Road to Worces- ter Line said Road to be three Rods wide through Sutton and to Worcester Line Excepting through ye Land of Philip Chase two Rod and half by marked trees to ye Said Chases Barn So to Run between Said Chases House and Barn by marks on ye Southerly Side of ye Crick to a Small tree marked near ye Old Bridge over Said Crick thence to Run on ye Easterly Side of a white oak tree marked on ye west Side of ye Road to ye River thence over ye River to a marked tree on ye west Side of Said Road and So as ye Select men of Worcester hath Laid out a Town Road and as ye Road is now trod to ye meeting House in Worcester Said Road from ye River to Worcester meeting House to be as ye Select men have Laid out formerly Said Road was Laid out through Phillip Chases Land by Consent of Said Chase Who freely Gave ye Land for Said Road through his farm Dated at Worcester October ye 2ª. 1736 Gershom Rice and a Seal Samuel Dudley and a Seal Daniel Heywood and a Seal Benja. Flagg Jun. and a Seal John Stockwell and a Seal Perez Rice & a Seal Robert Goddard & a Seal John Stearnes & a Seal Thomas Stearnes and a Seal Jotham Rice and a Seal Jeremiah Bucknum and a Seal Daniel Ward & a Seal Daniel Gookin Sh & a Seal
Entered { John Chandler J' Cle pac
The account of ye Charge of Viewing and laying out the afore- said Road amounting to the Sum of Seventeen pound five Shillings allowed of by the Court and is Due to the following Persons vizt
Lsd
To the Comittee for viewing &ct Each 10/ 1 10 0 To Daniell Gookin Esqr Sheriff fourty four Shillings 2 04 0
To ye Justice for his Travell & Swearing the Jury 0 12 0 To the Jury Each 10/ {f' day being on ye Service Two days 12 0 0 To the Clerk for writings. Copys, Recording orders &ct thirty Shillings 1 10 O
17 16 0
22
I70
Court of General Sessions.
S NOVEMBER TERM,
Ordered that the Charge of viewing and laying out the County Road from Worcester To Sutton amounting to the Sum of Seven- teen pound fifteen Shillings be paid By the County The Town of Worcester and the Town of Sutton In the proportion following vizt The County To pay fourty four Shillings & Six pence 2 4 6
The Town of Worcester The Sum of four pound nine Shillings 4 9 0
and The Town of Sutton The Sum of Eleven pound Two Shillings & Sixpence II 2 6
17 16 0
and that the Clerk Send To the Said Towns Copys of this order that So they may Respectively Assess the Respective Sums laid on them and pay the Same To the County Treasurer or his Successor at or before the Last day of May next Which Together with the Sum Which the County are to pay as abovesaid he is to pay to ye persons to whom the Same is Respectively [due ]
Ordered that Phillip Chase His heirs or assignes have Liberty dureing the Pleasure of the Court to Keep Gates well hung a Cross the Country or County Road lately laid out a Cross his land in Two particular places provided he Suffer no other Incumbrance on the Same, & the Gates are Kept in proper order & Repair at all times to be opened as may be needed
Solomon Johnson of Leicester In the County of Worcester Gent having on the Seventeenth day of August Last past Recognized before John Chandler Jun" Esq' one of his majestys Justices of the Peace for the County of Worcester To our Sovereign Lord the King In the Sum of Ten pounds with Suretys viz Thomas Hop- kins of Leicester Mason and Simon Gleeson of Oxford Labourer both in ye County of Worcester Each in ye Sum of five pounds Conditioned for ye Said Solomon Johnsons appearance at this Court
171
1736.3 Worcester County, Massachusetts.
To answer To Such matters & things as should be objected against him on his majestys behalf & to Continue & be of ye Good be- haviour towards his majestye and all his Leige people &ct as ? ye Recognizance appears and the Said Solomon Johnson not appear- ing, altho' Solemnly Called to Come into Court, but made default and the Said Thomas Hopkins and Simon Gleeson The Suretys being also Solomnly Called to bring The Said Solomon Johnson into Court did not appear but made default The Court therefore order that the Said bond be forfeited and it was accordingly for- feited and ordered that a writt of Scire Facias be Issued out against ye Said Thomas Hopkins and Simon Gleeson for ye Sum of five pounds Each and also for ye Costs & Charges occasioned by the non appearance of the Said Solomon Johnson
Obediah MacKintire of Oxford In ye County of Worcester hus- bandman being presented for [not] attending ye Publick Worship of God appeared and made his Excuse and was dismiss'd paying Cost
On a motion made ordered that the Clerk write to ye Selectmen of Grafton a Copy of the order of this Court In May 1733. Re- lateing to ye mony laid on them for their part of ye Laying out ye County Road from Mendon to Worcester that So they assess their Town & pay ye Same to Wm Jenison Esqr
WORCESTER SS Anno Ri R$ Georgij Secundi nunc Magne Britaini@ Francia et Hibernia Gat Decimo
Att a Court of Generall Sessions of the Peace be- gun and Held at Worcester within and for the County of Worcester by adjournment by order of ye Great and General Court from the first Tuesday of February 1736/7 to the third Tues- day of Said month being the fourteenth day of Said month. and then Sett.
JUSTICES PRESENT
John Chandler Esqrs
Justices of
Joseph Wilder
the Peace
William Ward
and Quo-
William Jenison rum John Chandler Jun™
Grandjury
M' Robert Goddard foreman
M' John Ayres Messrs Symon Maynard
Messrs Thomas Rice
M' David Fay Mª John Daly
Cyprian Stevens
M' Nath" Green M' James Whiple
Elias Sawyer
M' Joseph Taft attended Two days Each
Nathan Tyler M' Samuel Davis and M' Wilds waited on
Joseph Lyon
M' James Wright them
Henry Lee 2 Esqrs Justices Nahum Ward S of the Peace
1736-7. Worcester County, Massachusetts. 173
Joseph Dyer of Worcester In the County of Worcester Gent appelant from a Sentence given against him by William Jenison Esq' one of His majesty's Justices of the Peace for the said County upon the Complaint of Hannah Hooker of Worcester in said County Spinster on his majestys behalf as well as of her own Seting forth that the Said Joseph Dyer at Worcester aforesaid on or about ye month of October last past and since that time at Worcester afore- said did wittingly and willingly make or Spread a lye or false Re- port of ye Complaint by saying she ye Complaint was with Child when he had no Just Grounds for his So doing all which action was with a designe to belye defame and abuse ye Complaint Act as the Warrant dated the Thirty first day of December last past appears and before ye Said Justice was convicted of Spreading a false Report of the Said Hannah Hooker by Saying that She was with Child as set forth in ye Warrant & thereupon Sentenced To pay a fine To the King &ct of Ten shillings & to pay all Cost Ket as the Sentence of Said Justice appears. and now the appellant appeared and to the Said Complaint Pleaded not Guilty The Evidences in the Case being Sworn and the Case fully heard on both Sides was Committed to the Jury who were Sworn according to law to Trye ye Same and Return'd their Verdict therein upon Oath as follows vizt . That the Said Joseph Dyer is Guilty of Spreading an evil Report of Hannah Hooker Its therefore Con- sidered by the Court that the Said Joseph Dyer Pay as a fine to our Sovereign Lord the King for and toward the Support of the Government of this province and the Incident Charges thereof Ten Shillings and that he pay Cost & Fees Tax'd at Six pound fourteen Shillings & nine pence and upon his neglecting to pay the Same The Court order Execution To be awarded therefor and that it be paid into the hands of the Clerk to be by him paid To whom the same is due Ex : march : 14th : 1736/7, & ye fine & Costs paid into the Court by M' Sheriff Gookins
Amariah Lyon late of Shrewsbury now of Poquiog1 so Called in
I Now Athol.
174
Court of General Sessions.
S FEBRUARY TERM,
ye County of Worcester Husbandman appellant from a Judgment given against him by Samuell Wright Esqr &ct as { ye Sentence appears. upon ye Complaint of William Temple of Worcester &ct upon his majestys behalf as well as of his own The partys ap- peared and the Case fully Considered The Court order the whole proceedings to be Quash'd & Each party to pay his own Cost
Amariah Lyon late of Shrewsbury now of Poquiog So Called In ye County of Worcester appel" from a Judgment given against him by Samuell Wright Esq' upon the Compl of William Temple of Worcester Act as ? ye Complat & Sentence appears The partys appeared and the Case being fully Considered The Court order The whole proceeding to be Quash'd and Each party bear his Costs
Samuell Stow of Lunenburg in ye County of Worcester Gent being presented by the Grandjurors of Said County for not attend- ing the Publick Worship of God &et appeared and made his Ex- cuse & was dismiss'd & he is to pay Cost Tax'd at and not to depart without Lycence of the Court.
The Town of Lunenburg being presented by ye Grandjurors &ct for not being provided with a Schoolmaster agreeable to law &ct appeared by their Selectmen and were Dismiss'd pay Cost which were paid
The Town of Mendon being presented by ye Grandjurors &ct for not being provided with a Gramer School master according to law appeared by their Selectmen and it appearing They were now provided they were dismiss'd paying Cost-pd
Jacob Aldrich Sealer of Leather for mendon Sworn before the Court
1736-7. Worcester County, Massachusetts. 175
The Town of Sutton being presented by ye Grandjurors &et for not being provided with a School master &ct appeared by their Selectmen & were Excused paying Cost pd
Nathan MacKintire of Oxford in ye County of Worcester being presented by the Grandjurors appeared and made his Excuse and was Dismiss'd paying Cost pd
Naomi ffarr wife of Joseph ffarr of Southborough in ye County of Worcester Husbandman being presented by the Grandjurors for not attending on ye publick worship of God &ct. She not being able to Come to Court her husband appeared and it appearing that it is through Indisposition of body That has Rendered her Uncapable of attending She was Dismiss'd pay ye officer & attor- ney their Fees
William Temple's Recognizance Discharged
The Selectmen of Worcester presented to the Court a warrant directed to one of their Constables To Notifi Henry Wisdom with his wife and Three Children to depart ye Town &ct and it appear- ing to have been duly Served was approved by ye Court
Worcesters, Leicesters, & Rutlands presentments Continued Till may next
Duncan mcfarland of Rutland in ye County of Worcester hus- bandman before ye Court behaveing himself in a Rude manner & especially towards W" Temple of Worcester In ye County of Wor- cester husbandman the Court order yt he Recognize with Two Suretys himself in Twenty pound and his Suretys in Ten pound
176
Court of General Sessions.
FEBRUARY TERM,
Each for his appearance at the Court of Generall Sessions of ye peace to be held at Worcester In and for ye County of Worcester In may next To answer To Such matters & things as shall be ob- jectted against him on his majestys behalf and in ye mean time to be of ye Good behaviour towards his majesty and all his Leige people and Especially Towards ye Said W" Temple and to doe and Receive that which by ye Said Court Shal be then & there enjoyned him, &ct wch he did & Daniell Campbell of Rutland aforsyd & Benjamin Bartlett of Brookfield in said County Husband- men were his Suretys
William Temple of Worcester In ye County of Worcester hus- bandman before ye Court behaveing himself in a Rude maner and Especially towards Duncan mcfarland of Rutland in ye County of Worcester husbandman The Court order that he Recognize with Two Suretys himself in Twenty pound and his Surety Ten pounds Each for his appearance at the Court of Generall Sessions of ye peace to be held at Worcester In and for the County of Worcester in May next To answer to Such matters and things as Shall be ob- jected against him on his majestys behalf, and in the mean time to be of ye good behaviour towards his majestye & all his Leige people and Especially Towards ye Said Duncan mcfarland and to doe and Receive that which by Said Court shall be then and there enjoyned him &ct which he did and Joseph Wooly housewright and Peter Jenison Taylor both of Worcester aforesaid were his Suretys
John Biglo of Worcester In ye County of Worcester Inholder being presented by the Grandjurors for ye County of Worcester for allowing W™ Temple of Worcester aforesd Husbandman to be at his house at an unseasonable time of ye night & there Suffering of ye Said Temple to abuse Duncan mcfarland &ct appeared in Court and made his Excuse & was Dismiss'd paying Cost
1737.1 Worcester County, Massachusetts. 177
The Selectmen of ye Town of Worcester presented to ye Court a Warr' directed to one of their Constables to notifie & warn Henry Wisdom with himself & three Children to depart ye Town &ct be- ing duly Served is accordingly approved.
A Petition of Daniell Taylor John Amsden and John Snow agents for the Town of Southborough In the County of Worcester pre- sented to ye Court a petition Seting forth That Margarett Taylor wife of John Taylor late a Resident in ye Town of Southborough & a little boy named Abraham Son of ye Margarett being about Two years old are in poor and Indigent Circumstances (The Said John Taylor haveing gon away & left them) and Stand in need of Releife and are put upon the Town and also Shewing That Abra- ham Newton an Inhabitant of Said Southborough Father of ye Said Margarett & Grandfather of ye Said Abraham Son of ye Said Mar- garett, is possess'd of a Considerable Estate notwithstanding which he does nothing towards ye Relief of his Said Daughter & Grand- son praying ye Court To order proper Reliefe to be made by Said Abraham towards ye Relief of ye his Daughter &ct Read and or- dered that the Petitioners Serve The Said Abraham Newton with a Copy of this Petition that So he Shew Cause if any he have at the next Court of Generall Sessions of the Peace To be holden at Worcester in and for ye County of Worcester on ye Second Tuesday of may next why he Should not be assessed according to law for ye Support and maintainance of his Said Daughter & Grandson
The Court order that The Sum of Seven Shillings be paid out of ye County Treasury To Capt Daniel Heywood for Expences in ap- prehending Phillip Kenison a Criminall or Capitall offender
The Selectmen of ye Town of Lunenburg presented to ye Court a warrant directed to one of their Constables to warn Nathan Bar- ron of Groton &ct with his wife and Three Small Children To leave their Town and it being duly Served was approved by ye Court
23
WORCESTER SS Anno Ri R$ Georgij Secundi nunc Magne Britaini@ Francia et Hibernic Decimo
Att a Court of Generall Sessions of the Peace be- gun and Held at Worcester in and for the County of Worcester on the Second Tuesday of May being the Tenth day of Said month anno Dom 1737
JUSTICES PRESENT
John Chandler
Daniel Taft
Joseph Wilder
Justices of ye
Joseph Dwight
William Ward
Quorum
Henry Lee
Peace
John Chandler Jun"
Nahum Ward
Sam1 Willard
John Keyes
Old Grandjury
M' Robert Goddard foreman
Mr David Fay
M' Benja Goodrich
M' Thomas Rice
Mª Simon Maynard
Mī James Daly
MT Cyprian Stevens M' Jonathan Ferbus M' James Whiple
M' Elias Sawyer
M' Nath" Green
M' Nathan Tyler
Mr Samuel Davis
Richard Wilds Dept Sheriff attended on
M' Joseph Lyon
M' James Wright
M' John Ayres
Mr Joseph Taft Jun"
them and Each per- son attended 3. days
Peace and
Samuel Wright )
Esqrs Justices of the
William Jenison
179
1737.3 Worcester County, Massachusetts.
Grandjury Return'd to Serve ye present Year
Southborough Cap' Dan" Taylor foreman
Worcester M' James Holdin M' Tyrus Rice Lancaster M' Gamaliell Beman Mendon M' Josiah Adams
Woodstock M' John May[ ] Brookfield M' John Rich
Westborough M' Charles Rice Shrewsbury M' Sam" Crosby
Sutton M' Elisha Putnam Leicester M' John Whittemore M' Eleazer Ward Ozford Rutland M' Sam" Brown Uxbridge M' John Cook
Lunenburg M' John Heywood Harvard M' Jonathan Sawyer
Grafton M' Nehemiah How
were Sworn all those yt have ye mark under their names viz - & sent home after ye Charge was given
John Chandler Jun' Esqr presented an acco" for buying three books amount to the Sum of fourteen pound fourteen shillings wch was allowed of by the Court and order that the Treasurer of ye County pay To ye accountant John Chandler Jun' Esqr fourteen pound fourteen Shillings in full thereof
An accot of the Travell and attendance of the Grandjury from may 1736 To may 1737 amounting unto ye Sum of Eighty Eight pound fourteen Shillings being presented for allowance was Ex- amined by ye Court and allowed and The Treasurer order To pay ye Same to whome it is Dne
ordered that the Sum of Twenty Seven shillings be allowed and paid out of the County Treasury To William Jenison Esq" for dig- ing a vault &ct under the Goal
180
Court of General Sessions.
S MAY ¿TERM,
Capt Benjamin Flagg County Treasurer presented his acco" from may 1736 To may 1737 which was Carefully Examined in Court whereby it appears he has made payments amounting To ye Sum of one hundred Sixty two pounds & three pence of which he is discharged & ye ballance of his acco" being ninety one pound four- teen Shillings & Seven pence he is Still to acco" for when Recd and the Court direct the Clerk to Sign his accot in their name
Benony Boynton of Lunenburg in ye County of Worcester hus- bandman having on the Tenth day of September last past Recog- nized before Josiah Willard Esqr one of his Majestys Justices of. ye peace for ye County of Worcester to our Sovereign Lord the King In the Sum of five pounds lawfull mony of New England with Suretys viz' Benjamin Bellows of ye Town & County aforesaid hus- bandman and Samuell Davice of ye Town & County aforesaid Car- penter in ye Sum of fifty Shillings of ye Like mony Each Condi- tioned that the Said Benony Boynton Should personally appear before ye Court of Generall Sessions of ye peace held here in No- vember last (which Recognizance was Continued from Court to Court till this time) to prosecute to Effect an appeal by him made from a Judgment Recovered against the Said Benony Boynton by John Grout on behalf of our Sovereign Lord the King at a Tryall before the Said Justice on ye Day & year aforesaid for ye payment of Cost Act as ? ye Recognizance appears and the Said Benony Boynton not appearing tho' Solomly Called to Come into Court but made Default and the Said Benjamin Bellows & Samuell Da- vice the Suretys being also Solomly Called to bring ye Said Benony Boynton into Court did not appear but made Default The Court therefore order that the Said Recognizance be declared forfieted and it was accordingly declared forfieted and ordered that a writt of Scire facias be issued out against the Said Benjamin Bellows & Samuell Davice for ye Sum of fifty Shillings Each lawfull mony of New England for ye use of our Lord the King & also for ye Cost & Charges occasioned by ye non appearance of ye Sald Benony Boynton
181
1737.3 Worcester County, Massachusetts.
Gedion Cumstock of Smithfield in ye Government of Road Island being bound over To this Court by Mr Justice Taft as [ ye Re- cognizance appears Came into Court To answer ye Same & was Dismiss'd paying Cost
An Foster of Lunenburg appeared in Court to answer to her presentment for not attending on ye Publick Worship of God &ct & was Excused & Dismiss'd paying Cost
Oliver Bly and Mary his wife being bound over to this Court to answer to their being Guilty of the Crime of Fornication, appeared in Court & Confess'd themselves Guilty The Court therefore or- der they pay a fine of thirty Shillings Each &c & Cost & fees which They paid & were dismiss'd
Dunkin Mcfarlands Recognizance Discharged
Vallontine Butler of Shrewsbury in ye County of Worcester be- ing presented by ye Grandjurors for Traveling Act on ye Lords day appeared and made his Excuse & was dismiss'd paying Cost
William Linsey of Rutland in ye County of Worcester being pre- sented by ye Grandjury for prophane Cursing and Swearing ap- peared in Court pleading Guilty was find Ten Shillings & Cost & fees pa'dl
John Hinds of Brookfield in ye County of worcester husbandman being presented by the Grandjurors for the Crime of Drunkeness pleaded Guilty & find Ten Shillings & paid Cost-In Two Cases
John Hinds of Brookfield in ye County of Worcester husband- man being presented by the Grandjurors for absenting himself
182
Court of General Sessions.
S MAY TERM,
from ye Publick Worship of God appeared in Court & made his Excuse & was Dismiss'd paying Cost
The Selectmen of Westborough presented to the Court a War- rant Directed to one of their Constables To Notifie & warn Doctor Joshua Wheat with his wife Elizabeth & four Children to depart yt Town & it appearing to be duly Servd was approved
Josiah Wadkins of Upton in ye County of Worcester husband- man appellant from a Sentence or Judgment given agst him by Dan11 Tafft Esq &ct appeared in Court was find Ten Shillings & to pay Cost & fees wch he paid
The Select men of ye Town of Worcester presented to ye Court for approbation a Town Vote or Buy Law Relateing to Rams & was approved accordingly
Elizabeth Warner of Harvard In ye County of Worcester Single being bound over by Mr Justice Wilder To this Court to answer for her being Guilty of ye Crime of Fornication appeared Confess'd ye falt & was dismiss'd paying a fine of thirty Shillings & Cost
The Town of Leicester being presented for not being provided with a Schoolmaster according to law appeared and made an Ex- cuse in behalf of the Town which being duly Considered they were Excused paying Cost
Thomas Ainsworth of Brookfield in ye County of Worcester hus- bandman appeared in Court to answer to his presentment by ye Grandjurors for Wilfully absenting himself from ye Publick Worship of God &ct and made his Excuse & was Dismiss'd paying Cost
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