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 2
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Attest John Chandler Jun Cler pac
The Court order that a House of the following Dimensions be built at the Charge of the County for a Prison House and Prison namely Thirty six feet Long Seventeen feet wide fourteen feet post,
27
1731.3 Worcester County, Massachusetts.
The Prison End to be Studed with Timber of Five Inch & four Inch and placed within five inches of one another and that the Joyce be of the same bigness and placed at the Same Distance and that it be planked within and without with good plank Spiked on, and that there be a Dungeon under the same and that the Other End of the House be finished after the usuall manner of Dwelling Houses and that there be a Sutable Prison Yard of Twenty feet Deep & thirty feet Long against the House made with boards nailed To Sutable posts about Eight or Ten feet high that there be a Chimney built in ye Dwelling part with a fire Room be- low and one in the Chamber-and William Jenison Henry Lee and Nahum Ward Esqrs are appointed a Committee to See the work be done and at as Cheap a lay as may be and it is further ordered that the Said Prison House &ct be Sett not Southward of the land given by William Jenison Esq to the County nor North- ward of the Reverend m" Burrs Barn and on the Westerly Side ye Highway in the most Convenient place
The Court order that untill the prison be built That the House of William Jenison Esq by his consent be the Prison and that a Sutable Cage be built in ye Back part thereof and that the prison yard Shall Extend Twenty feet on the South Side and East End thereof and so far on the North Side and West end thereof as shall Include ye House & Office. The Court also order a County Tax or assesment on ye Several Towns amounting to 303 : 5,, 4ª being a Tax eaquall with the previous Tax and That the Clerk send out warrants accordingly Requiring the Selectmen or assessors of each Town to assess the Same and that it be Collected and paid into the County Treasury at or before the last day of march next for defraying the Charges of the County
(28)
NOTE.
PENALTY FOR SELLING STRONG DRINK TO THE INDIANS .- (See page 25.) In 1693 the General Court passed "An Act for the better Rule and Govern- ment of the Indians in their Several Places and Plantations, To the Intent that the Indians may be forwarded in Civility and Christianity; and other T'ices the more effectually Suppressed amongst themt:"
One clause of this act was :
" -- That no Person or Persons whosoever. shall directly or indirectly. sell, truck. barter or give to any Indian, any strong Beer. Ale. Cyder. Perry, Rum, Brandy, or other strong Liquors. by what Name or Names soever called or known; on Pain of forfeiting the sum of forty Shillings for every Pint; and proportionably for any greater or lesser Quantity so sold, truck'd bartered. given or delivered to any Indian directly or indirectly as aforesaid; upon Conviction thereof before a Justice of the Peace where the Penalty does not exceed forty Shillings; and if it exceed that Sum, at the Sessions of the Peace to be holden for the same County where the Offence is com- mitted : one Moiety of all such Forfeitures to be unto their Majesties. for and towards the Support of the Government; and the other Moiety to him or them that shall inform and prosecute the same by Bill. Plaint, or Informa- tion. And if the Offender be unable, or shall not forthwith pay and satisfy the said Penalty or Forfeiture, then to be committed to the Goal of the County; there to remain until he pay and satisfy the same. or suffer two months Imprisonment.
"Provided, This Act shall not be intended or extend to restrain any Act of Charity for relieving any Indian (bona fide) in any sudden Exigent or Faintness or Sickness, not to exceed one or two Drams; or by Prescription of some Physician in writing, or by allowance of a Justice of Peace."
The accusation and affirmation of an Indian were received as evidence.
Intoxication in Indians was punished by fine or whipping; and liquor found in their possession was seized.
WORCESTER SS Anno Regni Regis Georgij Secundi nunc Magni@ Brittania Francia et Hibernice Quinto O
Att a Court of General Sessions of ye peace held at Worcester for & within ye County of Wor- cester ye Ist Tuesday of Nov" being ye 2ª day of Said Month Annoq Dom 1731
PRESENT
John Chandler Esq Joseph Wilder Esq Wm Ward Esq Wm Jen- ison Esq of ye Quo™
Jno Chandler J' Sam11 Wright Joseph Dwight Samuel Dudley Henry Lee & Nahum Ward Esq J p :
The Same Grand Jury attended as did ye first Court, and At- tended one day
The Court order That the floors in ye Prison End of ye House ordered to be built at the last Court be laid with plank and that there be a Cellar under ye Same and an oven in the Chimney and it is left to the Committee to plank or board ye Outsides as they think proper
The Reverend M' David Parsons of Leicester Preferred a Peti- tion or Complaint to this Court Shewing that in ye year 1721 he accepted the Call of the Church and Town of Leicester to ye Gos- pell ministry among them with an Incouragement of an Hon11
30
Court of General Sessions.
NOVEMBER TERM,
Support of Seventy five pounds &ct-from year to year In which Service ye Said Petitioner has Continued Ever Since according to his poor Capacity Heartyly endeavoured to be faithfull, butt that through the negligence of the Town he has not Recd any part of his dues from them since march : 1730 butt that they have been wholly Deficient Since that time praying for Reliefe according to the Directions of ye good and wholesome laws of this province, which petition being duly Considered The Court order and Direct the Selectmen of ye Town of Leicester be by warrant under the Clerks hand Convented before ye Court of General Sessions of ye peace to be holden at Worcester for and within the County of Worcester on the first Tuesday of February next To answer To Said Petition 1
JURY
Capt Jonas Rice Capt Richard Moore Mr Epm Child Mr Bezaleel Sawyer Mr Richard Ward Mr Comfort Barns Mr Perez Rice
John Hazeltines Recognizance being Continued to this Court by which he was bound To answer to the Complaint of Christian Indian Widdow of George Misco &ct for His said Hazeltines Selling Strong Drink to ye Indians Contrary to law &ct The Said John Hazeltine appeared in Court and to ye Complaint Pleaded not Guilty and put himself on his Country for Tryall The Complainant also appearing in Court affirming
Mr Peter Smith Mr Wm Brown That the said John Hazeltine was Guilty of Sell- Mr Isaac Amsden ing Great Quantitys of Strong [drink] to Indians Mr Eli Ball and the Case after a full hearing was Committed Mr Nathan Dyke to ye Jury who were Sworn to Try ye Same ac- cording to law who Returned ye following Ver- dict viz We find the Defendant Guilty of giving order for one Jill of Rum to be delivered to an Indian Its therefore considered by the Court that the said John Hazeltine pay a fine of Ten Shill- ings one half to his majesty the other half to the Informer and pay Costs Taxed at Seven pound nine Shillings & Two pence, which
1 See Note, next page.
3 1
1731.1 Worcester County, Massachusetts.
fine and Costs he paid down in Court and the Same was Delivered to the Respective persons to whom ye Same is Due : Excepting ye Kings part which is in ye hands of ye Clerk.
and then the Court was adjourned without day
Attest John Chandler J' Cler p" :
memorandum a By law of the Town of Woodstock was first approved of ye Court [
att Jnº Chandler Jr Cle pac
NOTE.
CASE OF THE REVEREND DAVID PARSONS .-- (See page 29.) The Rev. David Parsons. whose troubles frequently claimed the attention of this Court, was a brother of the Rev. Joseph Parsons, a large land holder (but not a resident) of Leicester. They were grandsons of Joseph Parsons, the emi- grant. who was in Springfield in 1636. David was born at Northampton. February 1. 1680; and graduated at Harvard College in 1705. He became the minister of Malden in 1708; and in 1721. in consequence, it is said, of some difficulty with his people, he accepted the call of the Church of Leices- ter and removed to that town. The connection then formed proved unfortu- nate in the extreme : a serious quarrel began and kept the town in tumult for twelve or more years. Blame probably rests with both parties. The principal ground of the minister's complaint was the nonpayment of his sal- ary. The town in extenuation declared that they were unable through pov- erty to meet his requirements; and offered other excuses to put off his de- mands. The fact seems to have been that Mr. Parsons was not agreeable to a large portion of his parishioners, and they probably did not exert them- selves with proper zeal to secure his support. hoping that their neglect would drive him to resign his charge. He. with the common understanding of the time that a settlement was for life, resisted these attempts and slights to the utmost.
Mr. Parsons petitioned the General Court for relief. and entered com- plaints from time to time in the Courts. Counter petitions were presented, and at one time the General Court passed an act relieving the town from his support. which Governor Belcher vetoed. A dangerous schism in the church and town followed. Finally the quarrel became so scandalous that in the interest of good order. other towns interfered; and in 1735, a Council
32
Court of General Sessions.
was called by mutual agreement, and the result was the dismission of Mr. Parsons. He left the place, but returned after a year or two. and resided there until his death which occurred in 1743. He brought suits against the town after his return.
He carried his resentment against his former parishioners to the grave; and according to his request was buried in the center of an open hield owned by him, at a distance from the general burial ground. In the course of time his grave was plowed over. The stone was used in building a chimney for a house in Leicester; and a few years since the inscription was seen on the inside wall of an ash hole. It was as follows :
In memory of Rev. Mr. DAVID PARSONS who after many years of Hard Labour and Suffering was laid here Oct. 12. 1743 aged sixty-three
An account of the Parsons controversy will be found in Washburn's His- tory of Leicester.
WORCESTER SS Anno Regni Regis Georgij Secundi nunc Magnice Brittani@ Francia et Hibernia Quinto
Att a Court of General Sessions of the peace held at Worcester for & within the County of Wor- cester the first Tuesday of February being the first day of Said Month Annoq Dom 1731
JUSTICES PRESENT
JOHN CHANDLER Esqrs Jus
JOSIAH WILLARD
JOSEPH WILDER
of Peace JOSEPH DWIGHT
WILLIAM WARD
&
SAMUEL DUDLEY
WILLIAM JENISON
Quorum
HENRY LEE
DANIEL TAFT
Esqrs
NAHUM WARD
JOHN CHANDLER JUN" } Justices
Names of the Grand Jurors who served this Court
viz'
M' Thomas Rice M' Isaac Learned M' Daniel How
foreman
M' Gershom Rice M' Parcivall Hall M' Joseph Stevens
M' Ephraim Wilder
M' Daniel Denny M' Robert Taft
M' James Keith
M' John Woods M' Edward Hart-
M' Joseph Banister
[well
Each attended Two days
5
Esqrs Justices
34
Court of General Sessions.
S FEBRUARY TERM,
Whereas at a Court of Generall Sessions of the Peace Held at Worcester for the County of Worcester by adjournment on Wed- nesday the 22d day of September last past The Justices Then or- dered a Prison or Goal to be built, and appointed a Committee to See the Same Effected and Nothing as yett being done in the af- faire This Court now order that John Chandler Jun' be added to said Committee and that they do with all Convenient Speed at the Charge of the County Build & Erect a good Sufficient and Sub- stantiall Prison or Goal with a house to the Same att the place where it was formerly Stated in Worcester, of the following Di- mensions In Lieu of that formerly ordered to be built namely fourty one feet Long Eighteen feet wide and Eight feet Studd that that part which is for a Goal or Prison be Eighteen feett Square and made of good Substantiall White Oak Timber That the Studs be four Inches thick five Inches broad and placed within five Inches one of another all round the Said Goal that there be a lower Summer1 & floor of Joyce and a Chamber Summer & floor of Joyce The Joyce of the Same bigness with the Studds and placed the Same Distance asunder, That it [be] planked within Side with full Inch & half Plank and with out Side with full Two Inch Plank and to be spiked on so as to every plank of Twelve Inches wide against Every Studd there be Two Spikes at least that the floor be of Two Inch Plank Spiked on and the lower floor lined with boards That there be Sutable Grates Doors and bolts & Locks to it & Di- visions so as to make three Rooms in all and a Sufficient Dungeon under the Same built as ye Committee may think proper That the other Part of the House be finished in all Regards after the manner of a Dwelling house Compleat with a Chimney Cellar and oven The Ruff of the whole house to be of the fashion Called Gamber Ruff the out Sides & Ruff to be boarded Claboarded & Shingled as usuall and the Prison or Goal also to be Claboarded save that Round the bottom of the whole yt may be boarded about Two feet high as ye Committee may order and that there be made adjoining to the Goal or Prison a Yard of Eight feet high with boards to be Thirty feet Long and Twenty feet Wide, and the
I A central floor timber. also called a summer-tree.
35
1731-2. Worcester County, Massachusetts.
Committee or major part of them are hereby Impowered to lett the Same out To Such person or persons as may appear to perform the Service or to have it Done in Such other manner as they may think proper, and in the mean time and in lieu of the prison al- ready appointed this Court order and appoint that the Cage (as so Called) already built be Removed to the Chamber of the house of Daniel Haywood in Worcester and be the Goal till Said Chamber be Sutably finished for a Goal and that then Said Chamber be ye Goal for Said County and Said Cage remain as one of the appart- ments thereof, untill the Prison Ket now agreed upon be built and that Twenty feet on Ends & back side the House and four perch on the South Side the House be accounted the Prison Yard.
and it is Further ordered by this Court that the Clerk doe and he is hereby ordered to Issue out a Warrant Directed To the Sheriff1 Requiring him to Remove all Such Prisoners as may be in the Goal heretofore appointed to the Goal now appointed, 2
Which was done the 3" Day of Feby Instant
A List of the Presentments made by ye Grand Jurers to this Court viz' The Grand Jury for the body of the Sª County do pre- sent [ ] The Towns of Worcester Brookfield Uxbridge Southborough & Lunenburg Each and Every of them for their not being provided with Stocks as the Law Requires3
2ndly The Towns of Brookfield Leicester Southborough and Lunenburg Each and Every of them for their not being provided with weights & measures as the law Requires.
3ly The Town of Rutland for not being provided with weights as the law Requires.
4thly The Towns of Uxbridge and Southborough and Each of them for not being provided with a writing and Reading School master as the law Requires.+
5 thly John Jordan of Brookfield Husbandman and Submitt Jor- dan of Brookfield ye wife of the said John Jordan Housewife and
1 The first Sheriff of the County was Daniel Gookin. son of the Maj. Gen.
2 3 4 See Noles at the end of the Record of this term of the Court.
36
Court of General Sessions.
S FEBRUARY TERM,
William Cratten of Uxbridge Husbandman and Easter Cratten of Uxbridge aforesaid wife of ye Said William Cratten Housewife Each and every of them for the Sin of Fornication 1
6thly John Hastings of Lunenburg Husbandman Jonathan Wheeler and Jonathan Moore Junr Husbandmen and both of Lan- caster and all in the Said County Each and all of them for their absenting themselves from ye Publick worship of God for more than one month 2 last past, all which things are against the peace of our Sovereign Lord the King his Crown and Dignity
Joseph Dwight att pro Reg"
Billa Vera Thomas Rice foreman
Jonathan Wheler of Lancaster in ye County of Worcester Hus- bandman being presented by the Grand Jurors of our Sovereign Lord the King for that he the said Jonathan has absented himself from the Publick worship of God for more than one month last past against the peace of our Sovereign Lord the King his Crown and Dignity, the said Jonathan Wheler Came into Court and Pleaded not Guilty putt himself upon Tryall by the Court the mat- ter being duly considered it is the opinion of the Court that the said Jonathan Wheler is not Guilty of absenting himself from the Publick worship of God for more than one month last past & there- fore order that the said Jonathan Wheler be Dismissed paying the Cost of his prosecution Taxed at Twelve Shillings & Sixpence from which Judgment the Said Jonathan Wheler appealed to the next Court of assize and General Goal Delivery to be holden for this County at Worcester within and for said County on the Wednes- day Immediately preceeding the time by law appointed for the holding ye said Court of assize and Generall Goal Delivery at Springfield within and for the County of Hampshire In September next and entered into Recognizance with Two Suretys as the law Directs for prosecuting his appeal with Effect and to abide and perform the order or Sentence of Court thereon.
Cost pd & appeal withdrawn
1 2 See Notes at the end of the Record of this term of the Court.
37
1731-2. Worcester County, Massachusetts.
Jonathan Moore of Lancaster in the County of Worcester Hus- bandman being presented by the Grandjurors for the body of said County For that he the Said Jonathan Moore has absented him- self from the Publick worship of God for more than one month last past, against the peace of our Sovereign Lord the King his Crown and Dignity. The said Jonathan Moore came into Court & Pleaded not Guilty & putt himself upon Tryall by the Court and the Court Taking the Case into their Consideration & having ma- turely Considered thereof are of opinion that the Said Jonathan Moore is not Guilty of absenting himself from the Publick Worship of God for more than one month last past and therefore order that the said Jonathan Moore pay the Cost of his prosecution Taxed at Twelve Shillings and Six pence ; from which Judgment the said Jonathan 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 Wednesday Imediately preceeding the time by law appointed for the holding the said Court of assize & Gen- erall Goal Delivery at Springfield within and for the County of Hampshire In September next and Entered into Recognizance with Two Suretys as the law Directs for prosecuting his appeal with Effect and to abide & perform ye order or Sentance of Court thereon
Cost paid & appeal withdrawn
Benjamin Whitney of Lancaster, In the County of Worcester Husbandman being bound over by way of Recognizance to this Court by m' Justice Wilder to answer for his being Guilty of the Sin of fornication, appeared in Court & Pleaded Guilty whereupon the Court ordered that he pay as a fine The Sum of Twenty Shill- ings & Cost 2/6 which he paid Down in Court and his Recogni- zance Cancelled
A Petition of William King and Others Inhabitants of the Town of Sutton Shewing that they are of the perswasion of those Called
38
Court of General Sessions.
S FEBRUARY TERM,
annabaptists praying they may obtain the favour granted them by the laws of the province made in ye first & Second years and in the third year of his present majestys Reigne.1 and that the Court would appoint Some meet persons to bring into this Court a list of all such persons within Said Town of Sutton that profess them- selves to be of the Said Denomination and usually attend Such meetings according to ye law. Read & being Duly Considered Ordered that Capt William King & m' Benjamin marsh be Im- powered to take and bring into this Court at the Sessions In august next a list of all Persons within the Town of Sutton that are of the Denomination Called annabaptists and usually attend Such meet- ing That the Court may advise and act thereupon agreeable to law.
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
1 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 Magna Brittani@ 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
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