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 4
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The Court order that for ye present and untill the further order of this Court that the prison be ye House of Correction and yt ye Goal Keeper be the master of said House of Correction attending to ye Directions of ye Law in S.ich Case made and provided
. The Court order that William Jenison John Chandler Henry Lee Esqs & m" Benjamin fflag Jun' be a Comittee for Seeing ye Court house built & finished which the Court have agreed To build, & the said house not to Exceed Thirty six feet Long Twenty six feet wide & thirteen feet post, & to be done after their best Judgment & discretion either by hiring men or leting the Same out by the Great & Report what they Doe to ye Court in February next
59
1732.7 Worcester County, Massachusetts.
The Court order that there be a County Tax or assessment amounting to ye Sum of Three hundred & Eleven pounds one Shilling & fourpence Raised on the Severall Towns within the County according to the Directions of the law for defraying the usuall necessary Charges of ye County & for building a Court house and that the Clerk of the Court forthwith Send out warrants to the Selectmen or assessors of the Respective Towns for assessing ye Severall Towns proportion thereof as ye law directs & for paying in ye Same to m' Jonathan Houghton County Treasurer his Suc- cessor or his order at or before ye last day of may next Insuing
The Severall Towns Proportion are as follows vizt
Worcester Twenty Two pounds fifteen Shillings & 4d
22 15 4
Lancaster Sixty Two pounds Sixteen Shillings & 8d
62 16 8
Mendon Thirty Six pounds
36
Woodstock
Thirty Two pounds 32
Brookfield Twenty Seven pounds one Shilling & 4d
27 1 4
Southboro'
Seventeen pounds Six Shillings
17
6
Leicester
thirteen pounds nineteen Shillings & 4d
13 19 4
Rutland
Seven pounds Sixteen Shillings
7
16
Westboro' Eighteen pounds Two Shillings
18
2
Shrewsbury fourteen pounds fourteen Shillings
14
14
Oxford
fourteen pounds four Shillings
14
4
Sutton Twenty four pounds Ten Shillings
24
10
Uxbridge Twelve pounds & 8d
12
8
Lunenburg Seven pounds Sixteen Shillings
7 16
Sum Total
£311
1 4
Warrants were accordingly Issued out Novr 14 : 1732 Att John Chandler J' Cler pac
The Town of Lunenburg having Chosen M' Isaac Farnsworth Sealer for weights & measures he was according[ly] Sworn in Court att John Chandler J' Cle pac
This Witnesseth That I James Buttler of Lancaster in ye County of Worcester husbandman do hereby fully freely and absolutely
60
Court of General Sessions.
Release acquit & Discharge John Hind Hopestill Hinds and Enoch Hinds all of Brookfield & Jacob Hinds of Shrewsbury all in Said County of Worcester and province of ye Massachusetts Bay in New England from all & any manner of Payments Charge or Ex- pence for or towards the maintainance Subsistance or Support of Mary Hinds ye naturall mother of ye aforesaid Hinds viz John Hopestill Jacob & Enoch Hinds as aforsd and do hereby under- take and engage to maintain and Support ye Said Mary Hinds dure [ing] her naturall life in Comfortable and Decent manner and for me my heirs Exrs & adm's do promise and engage to free Dis- charge the Said John Hopestill Jacob & Enoch Hinds aforesaid from any manner of Charge or expence for the Support or main- tainance of the said Mary Hinds during her natural life as afore- said in Witness whereof I do hereunto Sett my hand ye 8th day of febry 1732/33 witness
his James X Buttler mark
Richard Wilds
Howard Southgate
Worcester ss Worcester Febr 8th : 1732/3 James Butler within named personally appearing freely acknowledged this In- stmt to be his act & Deed Before me John Chandler J' Jus pac
Entered from ye originall Recª Febr 8th 1732/3
John Chandler J' Cla pac
WORCESTER SS Anno Ri R$ Georgij Secundi nuuc Magne Britanic Francie et Hibernia Sexto
At His Majestys Court of Generall Sessions of the Peace begun and Held at Worcester in and for the County of Worcester on the first Tuesday of February being the Sixth day of Said month Anno Dom: 1732-3
JUSTICES PRESENT
John Chandler Esq Joseph Wilder Esq W" Ward Esq Wm Jen- ison Esq Jus of ye Pac & Qurum
John Chandler J' Samuel Wright Joseph Dwight Sam1 Dudley Henry Lee & Nahum Ward Esqs Justices of ye Peace.
Names of ye Grandjury that attended this Court
Capt Ebenezer Learned foreman
M' James Holden
M' John Bennett
M' Ephraim Child
M' Isaac Tomlin
M' Thomas Richardson
M' Edward Rice
Capt Jonas Houghton
M' James Taylor M' Eleazur Daniells
M' Sam1 Barns M' Sam1 Ward
M' Nathan" Dyke each attended two days and W" M' Woodland Thompson Colwell Constable attended on them
Ralph Hill of Mendon & Hannah his wife being heretofore presented by the Grandjurors for being Guilty of ye Crime of
62
Court of General Sessions.
S FEBRUARY ¿ TERM,
fornication before marriage & being Recognized To appear at this Court now appeared & pleaded Guilty, were find Each fifty Shill- ings To our Sovereign Lord the King & Cost weh they paid & were dismiss'd
Margarett Newton of Southboro' appeared before ye Court & pleaded Guilty to her presentment for the Crime of fornication, was fin'd to our Lord ye King in ye Sum of thirty Shillings & Cost, She paid ye fine and was Dismiss'd, ye Cost given to her
John Ellis of Uxbridge appeared before ye Court and Com- plained of himself for being Guilty of ye Crime of fornication with Hana his wife before marriage, was find to our Lord ye King &ct ye Sum of thirty Shillings & to pay Costs which he paid and was Dismiss'd
Personally appeared before ye Court John Ellis of Uxbridge in Sª County Husbandman and John Harwood of Said Uxbridge Re- tailer & acknowledged themselves bound to our Sovereign Lord the King, &ct viz' The Said John Ellis as Principall In the Sum of Ten pounds & ye said John Harwood as Surety in ye Sum of Ten pounds &ct Conditioned that if Hannah Ellis wife of the said John Ellis shall appear before the next Court of Gen" Sessions of ye peace to be held here on the Second Tuesday of may next to an- swer to her being Guilty of the Crime of fornication Then ye Recog' to be void Else to Remain in full force & virtue
George Wicker Servant of Baldwin now living in Leices- ter in this County having absented himself from his Said masters Service and ye Charge of pursuing and Recovering him amounting to eight pounds Sixteen Shillings and the Said George being before
1732-3.1 Worcester County, Massachusetts. 63
ye Court and acknowledgeing ye Same the Court therefore order that the Said apprentice Serve his Said master his heirs Excut" or adm™ eight months next after the determination of ye present In- denture
Obadiah Coolige of Marlborough in ye County of Midlesex Cordwainer who was bound by way of Recognizance by Nahum Ward Esqr one of his Majesty's Justices of the peace for ye County of Worcester To appear before ye Justices of our Lord ye King at the Court of Generall Sessions of the peace held at Worcester &ct on ye first Tuesday of Novr. last past to answer to Such matters and things as Should be Objected against him on his majtys behalf and Especially to answer To a Complaint made against him before Sd Justice for theifishly Taking a fourty shilling bill out of ye house of Simon Maynard in Shrewsbury on or about ye 2 1st day of aprill 1732 &ct as by ye Recognizance will appear having faild of ap- pearing said Recognizance was by the Said Court then declared for- fieted ; but he now appearing and producing Testimony Sufficient that he was under such bodily Indisposition as Rendered him un- able of attending at ye Court praying the forfieture of ye Recog' : may be Remitted, for that Reason that he might be admitted to a Tryall The Court thereupon order that upon his Entering into a new Recognizance with Two Sufficient Suretys viz The said Oba- diah Coolidge as principall In ye Sum of Twenty pounds & his Suretys In Ten pounds Each To appear at the next Court of Gen" Sessions of the peace To be held at this place on the Second Tuesday of may next To answer To ye aforesaid Complaint &ct that said forfieture of said Recognizance be Remitted, and further ordered that Symon Maynard the Complainant Enter into Recog- nizance with Surutys as well To our Sovereign Lord the King to prosecute his Complaint ag ** ye Said obadiah Coolidge, as also to ye said obadiah Coolidge To answer all Damages in Case he Dont Supporte his Complaint, The said Maynard accordingly Recog- nized himself as principall in Twenty pounds Each Recognizance &. Gershom Rice yeoman & Benja fflagg Jun' Gent both of Wor-
64
Court of General Sessions.
S FEBRUARY TERM,
cester in said County as Suretys in Ten pounds each in Each Re- cognizance ; but the said Coolidge faild of Renewing his Recog- nizance
Daniel Gookin Esqr Sheriff of ye County pursuant to a warrant Issued by the Clerk by order of this Court having Impanelled a Jury & Laid out or Bounded ye Road from mendon to Worcester made Report at the last Court of Generall Sessions of the peace held here in Nov" last-as also an accot of the Charge thereof which was Refered to this Court, & the Court now order that the further Consideration thereof be Refered To ye Second Tuesday of May next ;
A Petition of ye Town of Sutton and also a Petition of Sundry of the Inhabitants of Hassanamisco praying the Road lately laid out by order of this Court Leading from Worcester to Mendon may not be Confirmed but that it may be laid out thro' Hassana- misco for Reason In Said Petitions mentioned Read & ordered that The Petitioners Serve the Town of Mendon and Uxbridge with Copys of Said Petitions that they Shew Cause if any they have at ye next Court of Generall Sessions of ye peace to be holden at Worcester on the Second Tuesday of May next why the Prayer of Said Petitions should not be answer'd
A Petition of John Harwood in behalf of the Town of Uxbridge Returning the thanks of said Town to the Court for ye Road lately laid out from Mendon to Worcester & praying they may have a Road laid out from Uxbridge to meet with the aforesaid Road &et Read and Refered to the Second Tuesday of May next for further Consideration
An acco" of ye Grand Jurers that attended on his Majestys Court of assize and Gen" Goal Delivery begun and held at Worcester ve
1732-3. Worcester County, Massachusetts. 65
third Wednesday in Septem' anno Dom' 1732 present for allow- ance amounting To 141 48/ Read & Examined and The Treas- urer of the County is hereby ordered to pay the Same to ye persons to whome the same is Respectively due or to their orders in full discharge thereof
An acco' of John Chandler Jun' amounting to Six pounds was presented for allowance Read & ordered that the Treasurer of the County pay the Sum of Six pounds to the accompttant in full Discharge thereof
Joseph Wilder Esqr from ye Committee appointed the 7th of Nov 1732 to Examine the acco' of Daniel Gookin Esq Sheriff of this County made Report thereon which was Read & accepted & thereupon The Court Order that the Treas' of the County to pay To ye Said Daniell Gookin Esq fifteen pounds Twelve Shillings in full Discharge thereof
The presentment of the Grandjurors To this Court is as follows
Att a Court of Generall Sessions of ye peace holden at Worces- ter within and for ye County of Worcester on Tuesday ye 6th day of febry anno Dominij 1732/3 The Grand Jury for ye body of ye Said County upon their oaths do present Peter Corlile of Leicester within ye said County Husbandman for prophane Swearing 1 on Tuesday ye 30th day of January last and also for uttering many menaces and threatning Speeches agst Thomas Richardson of Lei- cester aforesaid Inholder, and also do present James Nuting Hus- bandman Josiah Nuting Husbandman and John Nuting Husband- man all of Hassanamisco in ye Said County each and all of them for Travelling Unnecessarily on ye Saturday evening after Sun sett before ye Lords Day2 from Lancaster to Groton-also Philip Chase of - - within the said County of Worcester for Labouring
1 2 See Notes. next page.
9
66
Court of General Sessions.
S FEBRUARY TERM,
unnecessarily on ye Lords day, as also Elisha Johnson of Sutton in the County aforesaid Gent for not building & keeping in Repair two bridges on the Two Branches of Black Stones River in ye bounds of Hassanamisco as by his own Covenant and by law he ought all and every of which things are against the peace of our Lord the King his Crown and Dignity and the good and wholsome laws of this Govt Joseph Dwight attorney pro Rego
Eben' Learned foreman
Entered John Chandler J' Cle pac
This Court order, The Clerk in the name of the Court To Re- turn their thanks to m' Jonas Clark of Boston Brazier for the Coat of arms he has made the County a present off and for the Con- stables Stafs ;
Then the Court was adjourned without day
Att8 John Chandler J' Cle pac
NOTES.
The laws against profanity and sabbath-breaking in force at this date were as follows: (See page 65.)
SWEARING .- "Be it enacted" etc. "That if any Person or Persons shall prophanely Swear or Curse in the hearing of any Justice of the Peace. or shall be thereof convicted by the Oaths of two Witnesses. or Confession of the Party, before any Justice or Justices of the Peace : Every such Offender shall forfeit and pay into the Use of the Poor of the Town. where the Of- fence shall be committed. the Sum of five Shillings. And if the Offender be not able to pay the said Sum. then to be set in the Stocks, not exceeding two Hours. And if any Person shall utter more profane Oaths or Curses at the same time. and hearing of the same Person or Persons, he shall forfeit and pay to the Use aforesaid. the Sum of twelve Pence for every Oath or Curse after the first; or be set in the Stocks three Hours.
"Provided, That every Offence against this Law shall be complained of and proved as aforesaid. within thirty Days next after the Offence com- mitted."
67
1732-3. Worcester County, Massachusetts.
SABBATH BREAKING .- "Be it enacted That all Persons who shall be found in the Streets, Wharffs, Fields, or other Places within any Town on the Evening following the Lord's Day, disporting, playing making a Disturb- ance, or committing any Rudeness : The Persons so offending, shall each of them pay a Fine of five Shillings, or suffer twelve Hours Imprisonment, or sit in the Stocks, not exceeding two Hours. All Fines and Forfeitures aris- ing by Virtue of this Act. . . shall be to and for the Use of the Poor of the Town where the Offence shall be committed." etc.
"And the Constables of the respective Towns are hereby directed and specially impowered to prevent the Prophanation of the Lord's Day, by re- straining Persons from walking. recreating and disporting themselves in the Streets. Wharffs. or Fields. in the Time of publick Worship."
In the olden time in New England the Sabbath began at sunset on Satur- day and ended at the same time on Sunday.
-
WORCESTER SS Anno Ri R$ Georgij Secundi nunc Magna Brittainia Francia et Hibernia Sexto
Att his majestys Court of Generall Sessions of the Peace Held at Worcester in and for ye County of Worcester on the Second Tuesday of May being ye 8th day of Said month Anno Dom. 1733
JUSTICES PRESENT
John Chandler Esq Joseph Wilder Esq Wm Ward Esq Wm Jen- ison Esq Justices of ye peace & Quorum
Daniel Taft John Chandler Samuell Wright Joseph Dwight Samuel Dudley Henry Lee &Nahum Ward Esq's Justices of ye peace
Grand Jurors that attended this Court
Capt Ebenezer Learned foreman M' Thomas Richardson
Capt Jonas Houghton M' John Crosby
M' Ephraim Child
Mr James Holden
M' Nathanael Dyke
M' Eleazer Daniells
M' Edward Rice
M' Isaac Tomlin
M' Ephraim Peirce
M' Samuel Ward
M' James Taylor
M' Woodland Thompson
M' John Benett
M' Samuel Barns
69
1733.1 Worcester County, Massachusetts.
The names of ye Gent Returned to Serve on ye Grandjury for the Current year
M' Gershom Rice foreman
M' Moses How
M' Hooker Osgood
M' Samuel Johnson
Mr Wm Old
M' James Moore
M' Wm Brown
M' Thomas Thayer
Capt Richard Moore
M' David Maynard
M' Richard Davenport
M' Edward Morris
M' Jonathan Farnsworth
M' Samuel Lillie
M' Wm Richardson
M' James Newton
M' John Emerson
The Said Gent. were Sworn Received there Charge and were Dismissed till ye next Court all but M' James Moore
Whereof The Court of Generall Sessions of ye peace held at Worcester In and for the County of Worcester of ye Second Tues- day of august last past Did order that the House of m' Daniel Haywood in Worcester Remain a Goal (for such persons as give bond for ye Liberty of ye Yard &ct) till the further order of the Court Act The Court now order that said House Remain a Goal for the ends aforesaid no Longer Then the first day of June next, and that Such Prisoners as may be then Retained in Said house as prisoners that have the Liberty of the Yard be Removed by the Sheriff of ye County to his majestys Goal newly Erected and be there Retained under the Same Circumstances as now they are and the Sheriff is hereby ordered to Remove them accordingly
Elisha Johnson of Sutton In the County of Worcester Gent be- ing presented by the Grandjurors for the body of the Said County at the Court of Generall Sessions of ye peace Held at Worcester In and for the County of Worcester on the Sixth day of Febry last past for not building and Keeping in Repair two bridges on the Two Branches of BlackStones River in ye bounds of Hassana- misco in ye County of Worcester as by his own Covenant and by
70
Court of General Sessions. MAY ₹ TERM,
law he ought which is against ye peace of our Lord ye King his Crown & Dignity and the good and wholesome laws of this Gov- ernment &ct and being bound over by m' Justice Jenison To this Court to make answer To said Presentment now appeared and by his attorney m' Edmª Gouff als Trowbridge Comes into Court & . Defends ye [ ] & Injury &ct and prays Judgment of ye pres- entment aforesaid for that the presentment aforesaid and the mat- ter therein contained is Insufficient in law to maintain a present- ment and to which the deft by the law of the land is not bound to make answer and this he is ready to Verifie wherefore for the In- sufficiency of ye presentment aforesaid ye Deft prays Judgment that he may be Dismissed, &ct which pleas Together with ye an- swer of John Overing Esq attorney To our Sovereign Lord ye King being Duly Considered, The Court are of opinion that a present- ment Lyes in this Case and the Said Elisha Johnson not main- taining his Demurer is adjudged by the Court Guilty according to the presentment and therefore order'd That he doe by the first day of august next Effectually Repair both Said Bridges or in default thereof That he pay as a fine to our Said Lord the King The Sum of Eighty pounds and Cost Taxed at pounds Shillings & pence
The Said Elisha Johnson appealed from this Judgment to the next Court of assize & Generall Goal Delivery To be holden at Worcester in and for the County of Worcester In September next, & Entered into ye following Recognizance for prosecuting his ap- peal with Effect pursuant to law viz' The Said Elisha Johnson as principall In the Sum of one hundred pounds & Samuel Dudley Esq & Timothy Carter yeoman both of Sutton in the County of Worcester Suretys in the Sum of fifty pounds Each acknowledged themselves Severally Indebted in the aforesaid Sums to our Sove- reign Lord the King to be Leveyed upon their Severall goods or Chattells Lands or Tenements for ye Use of said Lord the King or his Successors Conditioned that the said Elisha Johnson prose- cute his appeal aforesaid with Effect.
71
1733-3 Worcester County, Massachusetts.
Peter Corly of Leicester in ye County of Worcester husbandman being bound over To this Court by way of Recognizance To an- swer To his presentment by ye Grandjury for prophane Swearing &ct came into Court & pleaded Guilty Its therefore ordered by the Court that he pay as a fine To our Lord the King five Shillings & Costs, & Stand Committed till Sentance is performed which he paid in Court and was Dismissed
William McMichell & Margarett his wife of Woodstock In ye County of Worcester came into Court and Complained of them- selves for being Guilty of ye Crime of fornication before marriage, were find Each Thirty Shillings To our Lord ye King & Costs which they paid & were Dismissed
Alexander Turner of Worcester & Mary his wife came into Court and complained of themselves for being Guilty of ye Crime of for- nication before marriage, were find To our Lord ye King the Sum of Thirty Shillings, Each & Cost, which they paid & were dismissed
Solomon Johnson of Leicester in ye County of Worcester Gent being presented by the Grandjurors for being drunk1 &ct, came into Court & put himself on Tryall and was acquited paying Cost which he paid & was Dismissed
Phillip Chase of Worcester In ye County of Worcester husband- man being presented by the Grandjurors for Working unecessaryly on the Lords day &ct came into Court & put himself upon Tryall by the Court & was acquitted paying Cost
' The penalty for drunkenness was a fine of five shillings; or in lieu there- of the offender was to sit in the stocks not exceeding three hours.
72
Court of General Sessions. MAX TERM,
Dom Rex US Rice
Our Sovereign Lord ye King plat versus Perez Rice late of Westboro' In the County of Wor- cester now of Sutton in Said County Deft,
JURY
Mr James Keyes Mr John Curtiee Mr John Biglo Mr George Bruce
The Said Rice was now appel from a Judg- ment given against him by m' Justice Ward for Lying or false Speaking
The Said appelt appeared & pleaded not Mr Eben : How Mr Jacob Amsden Guilty & the Case after a full hearing was Mr Jona Towne Mr Joshua Converss Mr Symon dakin Mr John Bush Committed to the Jury who were Sworn ac- cording to law To Trye the Same and Re- Mr Nathan Brigham turn'd there Verdict in as follows viz' That Mr Daniel Davis the appelt is not Guilty of Lying or false Speaking The Court thereupon order That the Said Perez Rice be dismissed paying Costs which were accordingly paid The Court Thereupon order That the fine of five Shillings be Remitted & ye Sª Justice ordered to pay the Same to the Sd Rice
The Court proceeded to Examin & Sort the Votes Sent from the Severall Towns for ye Choice of a County Treasurer & it appeared That M' Benjamin Flagg Jun' was Duly Elected & an oath was administered To him before the Court by the Clerk
The Court order that the County Treasurer Pay to ye Comittee appointed for building ye Goal Sixty five pounds being the last payment agreeable to there Contract & the further Sum of five pounds To pay for Such things as were omited in the Said Con- tract.
The Court now order that the Clerk Send forth a Scire facias agts Obadiah Colidge and his bondsmen to appear at the next Court of Gen11 Sessions of ye peace to give reason why there bonds should not be declared forfiet also a warrant to bring him to his tryall for the Crime laid to his Charge
1733.3 Worcester County, Massachusetts. 73
An accot of Nahum Ward Esqr for Service done ye County about the Goal amounting to thirty five Shillings Read and allowed & the Treas' of ye County is according ordered To pay ye Same to the Said Nahum Ward Esq in full Discharge thereof
An acco of William Gray J' late Constable for attendance on the Grandjury four days Read & Ordered that ye County Treas- urer pay To ye Said William Gray J' Sixteen Shillings in full dis- charge thereof
A Petition of Thomas Richardson of Leicester Shewing the Damage he Sustains by Reason of the Escape of Thomas Hall from his majestys Goal in Worcester where he was Comitted by Virtue of an Execution the petitioner had Served on him and that he apprehends it was thro' Some defect Either for want of a Suffi- cient Goal Goal Keeper &ct praying for Releife Upon Reading this Petition m' Sheriff Gookin came into Court and Informed them that he had lately heard that the within named Thomas Hall was in ye Colony of Connecticot and that he would Send out ad- vertisements after him in order for his being Taken, Therefore or- dered that the petition be Referred To ye next Court of Generall Sessions for further Consideration
A By law of the Town of Leicester being presented To this Court was Read and approved of by the Court for the Term of three year and is on file
At the Generall Sessions of the peace holden at Worcester with- in and for the County of Worcester on the Second Tuesday of may 1733 The Grandjury for the Body of the Said County Upon their Oaths do present John Jenings Husbandman and Elisabeth Jening Housewife wife of the Said John Jennings and Eliner Kel- log Spinster all of Brookfield In ye County aforesaid Each and all
IO
74
MAY
Court of General Sessions. 5 & TERM,
of them for the Crime of fornication and Matthew Addleton Cooper and Thomas ainsworth Husbandman both of Brookfield afore- said for Unnecessarily absenting themselves from ye publick wor- ship of God on the Lords days for more than Two months last past and also Jonathan Waldo & Thomas Fayerweather Gent for Travelling Unnecessaryly on the last lords day from oxford to Worcester In the Said County and also the Town of Leicester for their not being provided with a writing & Reading School master all which things are against the peace of our Sovereign Lord the King his Crown & Dignity &ct Ebenezer Learned foreman
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