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 5
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Mr Jonathan Waldo & Mr Thomas Fayerweather pleaded To ye Insufficiency of there presentment which being Duly Considered the Court ordered That they should be dismissed paying Cost which was paid.
The Petitions of ye Town of Sutton and Hassanamisco present- ed this Court at their Sessions in February last praying that the Road lately laid out by order of this Court leading from Worcester To Mendon &ct Read again together with ye answers of ye Towns of Mendon & Uxbridge and being Duly Considered ordered that Said Petitions So far as they Relate to the altering Said Road be Dismissed and the Said Road is by the Said Court fully absolutely Settled & Determined to be the County Road leading from Wor- cester to Mendon & ye Report or Return of ye Sheriff & Jury there- upon ordered to be Recorded
The accout of the Charge viewing & Laying out Said Road amounting unto the Sum of Thirty one pound Seven Shillings al- lowed of by the Court & is due To ye following persons vizt
To ye Comittee for viewing &ct 7
I IO To Mr Sheriff Gookin : 3£ 2/ To Justice Dudley attending on ye Jury 38/ 5 0 0 To the Jury Each 30/ 184 : To ye Clerk writing : &ct 25/2 19 5 2
£31 7 0
75
1733.1 Worcester County, Massachusetts.
The Court thereupon ordered that Said Charge be paid by the Respective Towns through [which] ye Said Road Runs Viz'
The Town of Mendon To pay Seven pounds Eight Shillings & Sixpence 7 8 6
Uxbridge Thirty three Shillings 1 13 0
Hassanamisco Three pounds Six Shillings 3 6 0
Sutton Twelve pounds Seven Shillings & Sixpence 12 7 6
Worcester Six pounds Twelve Shillings 6 12 0
631 7 0
and order that the Clerk Serve ye Towns with a Copy of This order That they assess the Respective Sum Laid on them and that the Same be paid To William Jenison Esqr To be by him paid To ye persons to whom the Same is Respectively Due
The Return of ye Sheriff & Jury is as follows vizt
Worcester ss To the Sheriff of the County of Worcester his under Sheriff or Deputy Greeting
Whereas the Committee lately appointed by his majestys Court of Gen" Sessions of ye peace, for the County of Worcester have made Report Concerning a Publick Highway or County Road be- tween the Towns of Worcester and Mendon being necessary and Convenient &ct as { their Report may appear
IS These are therefore In his Majesty's name to Require and Command you to Sumon a Jury of Good and lawfull men Quallyfyed according to law to meet & assemble at the House of Capt William Rawson in Mendon aforesaid on mon- day the Second day of October next which Jury So Sumoned or Impanneled you are to Cause a proper oath to be administered to them by a Justice of the peace for the County aforesaid and then proceed to view & lay out a Publick highway or County Road be- tween the Towns aforesaid pursuant To the laws of this province and having a due Regard to the Report of the late Comittee
hereof fail not & make due Return hereof with your doings herein to this Court at their next Sessions of the peace to be held here on the first Tuesday of November next as well under your own
76
Court of General Sessions.
MAY TERM.
hand as the hands of the Jury aforesaid Dated at Worcester this 25th day of September In the Sixth year of his majestys Reigne anno : Dom : 1732
By order of Court John Chandler J Cle pac Worcester Octo- ber 2ª 1732
1732 In Observance of the within written warrant I have Im- pannelled a Jury as the law directs who after being Sworn went upon the Spot and laid out the County Road from mendon meet- ing House to Worcester meeting House as { ye annexed Dis- cription will appear under their hands
Daniell Gookin Sheriff-Worcester Octo 2ª 1732
In Observance of an order of the Court of General Sessions of the peace for the County of Worcester held at Worcester by ad- journment of the third Wednesday of September Last past ordered the Sheriff of Sª County to Impoint a Jury of Good & Lawfull men & Have them Sworn before one of his majestys Justices of the peace of Sª County to Lay out a Country Road from Mendon to Worcester meeting House Accordingly the Sheriff of Sd County Hath Impointed a Jury as aforesd whose names are Hereafter Sub- scribed & Legally Sworn have Layed out Sª Country Road on oath as Hereafter Discribed Imprimis beginning at mendon meet- ing House as the Road now Lyeth until it comes to the House of Decon John Teilor & from thence to a Rhoad of four Rods wide until it Comes to the House of Robert Teilor from thence by the Westerly side of a meadow Called eight acre meadow from thence to a Sinall Black oak tree Standing on the edge of a brook near a great Rock near the House of John Sadler & from thence as the Road is now Drawn until it come to a Red oak tree marked upon [ ] near a Brook by Sam" Woods Sawmil & from thence by marked trees to a very High Rock near the House of John Perim then Running between the House & barn of Sd Perrim & So between the House & barn of Eleazer ffletcher, & So on till it Comes to the Land of Jacob Whipple & through Sd Land till it comes to a White oak tree on the bank of the River So Crossing Blackstons River & running to a heap of Rocks in Isaac Chases Land & So on to a White oak tree near the House of John Ward
77
1733.1 Worcester County, Massachusetts.
from thence Leading to the Country Road by the House of m' James Lealand then turning Westerly & Running by marked trees till it comes to a Red oak tree Standing on the Land of Sam" Chase & So on till it comes to a white oak tree Standing near the Dwelling House of Frances Dudley So Running to a white oak tree neare the House of Sam" Dudley Esq & So on to a Heap of Stones & So by marks to Stump of a tree & a heap of Stones in Willm Waits Land then Crossing the River by a black oak tree marked & So Running on by the House of Skiper Fairfield by marked trees till it Comes to the House of Deacon Natha" Moore in Worcester & by the House of Jonas Rice thence to the House of Tirus Rice & So running by the House of the Revrd M' Isaac Burr untill it Comes to the meeting House in Worcester bounded being on the Northerly & Easterly Side of Sª Road & Sª Road to be four Rods on the Southwesterly Side aforesd Boundaries
Gershom Rice Jonas Rice James Keith William Rawson Jo- seph White Daniell Haywood James Holdin James Lealand Joseph Crosby John Sibley John Sadler Robert Barber
Mr Jonathan Houghton County Treasurer presented his acco" To the Court the ballance due to the County being twenty four pounds 1/4 Read Exd & accepted & the Clerk ordered to Signe the Same in the name of the Court,
Then ye Court was adjourned without day
att$ John Chandler J Cler
WORCESTER SS Anno Ri R$ Georgij Secundi nunc Magne Brittainia et Hiberni Septimo
Att his majestys Court of Generall Sessions of ye peace begun and held at Worcester in and for the County of Worcester on the Second Tues- day of August being the 14th day of Said month Anno Dom: 1733
JUSTICES PRESENT
John Chandler
John Chandler Jun Henry Lee - Esqs
Joseph Wilder
Sam1 Wright
Nahum Ward
William Ward
Esqs Josiah Willard
" Esqs
William Jenison
Joseph Dwight
Danl Taft
Sam1 Dudley
Grand jury that attended.
M' Gershom Rice foreman
Capt Richard Moore
M' Hooker Osgood
M' Sam1 Lillie
Mr James Moore
MT W" Brown
Mr William Richardson
M' James Newton
M' Thomas Thayre
M' Moses How
M' Edward Morris
M' Richard Davenport
Capt Wm Old :
M' John Emerson
M' David Maynard
M' Sam1 Johnson
M' Jon" Farnsworth
Each attended 2 days Except Capt Old who attended one day Isaac Moore Constable I day
79
1733.1 Worcester County, Massachusetts.
Worcester ss The Grandjurors of our Sovereign Lord the King for the body of ye Said County at a Generall Sessions of ye peace holden at Worcester within and for the said County of Worcester on ye Second Tuesday of August 1733 upon their Oaths do present That Jonathan Lamb Gent and Lydia Lamb Housewife and wife of the Said Jonathan Lamb and Solomon Johnson Gent all of Lei- cester in Said County Each and all of them have absented them- selves from the Publick Worship of God on ye Lords days for more then Twelve weeks last past That Solomon Johnson aforesaid on or about ye thirteenth day of July last past was Guilty of Drunken- ness in Leicester aforesaid. That the Said Solomon Johnson on ye 14th day of August Current did prophanely Swear in Worcester in ye County aforesaid That Richard Wheeler of Worcester in our Said County Housewright hath not attended the Publick Wor- ship of God on ye Lords days for more than Eight weeks last past That Daniel Eliott of Sutton in Said County husbandman on ye last Lords day being in Uxbridge did unecessarily Travell To Sut- ton in Said County. That Rachell Wilder of Lancaster in Said County Spinster on the first day of September last past was Guilty of the Crime of Fornication in Lancaster aforesaid. That Joseph Perry of Brookfield in Said County hath not attended ye Publick Worship of God on Lords days for more than Eight weeks last past all which severall actions of the Severall forenamed persons are high Criminall and against ye peace of our Sovereign Lord George by ye Grace of God of Great Britain France and Ireland King Defender of the ffaith &ct and the Good and wholsom laws of this province Joseph Dwight attorney pro Dom Regº Billa vera Gershom Rice foreman
Richard Wheeler of Worcester in ye County of Worcester Housewright being presented by the Grandjurors for ye body of ye County of Worcester To this present Court for not attending on the Publick Worship of God on ye Lords days for more than Eight weeks last past Came into Court and Confessed himself Guilty but gave his Reasons therefor The Court thereupon order he be Dis- missed paying Costs which he did & withdrew
So
Court of General Sessions.
AUGUST TERM,
James Nuting and Josiah Nuting both of Hassanamisco In ye County of Worcester husbandmen appeared in Court and to their presentment by ye Grandjurors for ye body of ye County of Wor- cester In Febry last past for Traveling Unecessarily on ye Saturday evening after Sun Sett before the Lords day from Lancaster to Groton pleaded not Guilty & putt him Self on Tryall by the bench and after a full hearing The Court ordered they Should be dis- charged paying Cost weh they pd
Mathew Addleton of Brookfield in ye County of Worcester, Cooper being presented by ye Grandjurors for ye body of ye County of Worcester in may last for Unnecessaryly absenting himself from ye Publick worship of God &ct appeared in Court & pleaded Guilty Whereupon ye Court ordered him To pay a fine to our Sovereign Lord ye King of five Shillings & Cost of prosecution Standing Comitted till Sentance be performed which he paid & was discharged
John Elisons Recognizance was Discharged. Paul Rich's Recognizance Discharged
Eleaner Kellog being bound over by way of Recognizance by m' Justice Dwight To answer To her presentment by the Grand- jurors &ct for her being Guilty of ye Crime of fornication appeared in Court and pleaded Guilty of having a bastard Child born of her body The Court Thereupon ordered that She pay as a fine to our Sovereign Lord ye King The Sum of five pounds or be whipt on the naked body Ten stripes & pay Cost of prosecution, ye fine & Cost were paid and her Recognizance Discharged
Martha McKintree of Dudley Spinster being bound by way of Recognizance to appear at ye Court of Gen11 Sessions of ye peace
1733.3 Worcester County, Massachusetts. SI
held here in may last To answer for being Guilty of Fornication and not being able To Travell then her bonds were Continued To this Court She now appeared in Court pleaded Guilty where- upon the Court Order That for her Crime She pay a fine of four pounds to our Sovereign Lord the King pay Costs of prosecution and Stand Comitted till Sentance be performed The fine & Costs were paid
The Town of Leicester being presented to the Court in may last for not being provided with a writing & Reading Schoolmaster as ye law Requires appeared by their Selectmen & it appearing that they are now provided they were Exempted They paying Costs
Timothy Sewell of Mendon in ye County of Worcester &et hus- bandman being bound over to this Court by m' Justice Taft with Two Suretys To answer to Such things as Should be Objected against him on his majestys behalf Relateing To a Complaint against him by Eben' Cook of Mendon &ct and failing of ap- pearing the Recognizance was by the Court declared forfeited and the Clerk ordered To Send out a Scire facias against ye Said Sewall & his Suretys to appear at the next Court of Gen11 Sessions of ye peace to be holden here in Nov' next To give Reason if any they have wherefore Execution Should not be awarded against them &ct
Samuel Wadkins of Hopkinton in ye County of midlesex &ct Joyner als Husbandman being bound over to this Court by m' Jus- tice Tafft with Two Suretys to answer To Such Things as should be objected [against ] him on his majestys behalf Relateing to a Complaint made against [him] by one Samuel Woods of mendon &ct, and failing of appearing the Recognizance was by ye Court declared forfeited and ye Clerk ordered To Send out a Seire facias
II
82
Court of General Sessions.
S AUGUST TERM,
against Said Wadkins & his bondsmen To apear at ye Court of Gen11 Sessions of ye peace in Nov" next To give Reason if any they have wherefore Execution Should not be awarded against them
The Select men of the Town of Worcester Returned a warrant whereby they had warned one Thomas Peirce with his wife martha & four Children namely Heaty John Nicholas & Thomas to depart the Town it being probable they be become a Town Charged which was approved off & is on file
Thomas Green & Dan1 Deny Return'd a list of ye Baptists in Leicester according To ye Order of Court of Febry 1731/2 ap- proved off as also the list from Sutton
A Petition of ye Revd m' David Parsons of Leicester Seting forth ye necesaty of Road or way being laid out leading from Rutland to Leicester from meeting House to meeting house praying Ef- fectual Care may be taken to settle a way there as ye law Directs. Read, as also a petition of Daniel Deny & John Whitemore against Said petition being acted upon, also Read ; and In answer thereto ye Court order that Said Petitions be Refered to the next Court of Gen11 Sessions of ye peace to be holden here in november next and In the mean time the Court appoint William Ward & Sam1 Wright Esqrs and Capt Ebenezer Learned of oxford to be a Com- ittee to view ye lands in and between the Towns of Rutland and Leicester and make Report To the Said Court what may be proper to be Done in the premises.
An accot of William Calwell Late Constable of Worcester for Attending on the grandjury amounting to Thirty two Shillings. Read and allowed of by the Court and the County Treasurer is accordingly ordered to pay the Same
1733.1 Worcester County, Massachusetts. 83
The Honourable John Chandler Esqr made a motion to ye Court Informing them of ye necessaty of a County Road being laid out from ye Road leading from Worcester To Mendon lately Established by this Court & the Southern bounds of the Town of Dudley to the bounds of Connecticott Colony & also of ye Diffi- culty persons Travelling To the Shire Town from the Southward parts of ye County Lye under for want of a Sutable & Convenient Road moveing for Remedy, The Court having Considered ye matter Order & appoint That William Jenison Esqr Capt Richard Moore & Cap" Ebenezer Edmunds be a Comittee To view & make Report what they think proper for the Court To act hereon, and they are desired to Report 'To the Court of Generall Sessions of ye peace In november next
Ordered that the Clerk of ye Court Signe an order Directing ye County Treasurer from time to time to pay To ye Comittees for building The Court house & Prisons Respectively Such Sums of money as are Still due according to their Contracts for building the Same and also what may be due for Such ffurther aditions as are made over and above ye originall Contracts
WORCESTER SS Anno Regni Regis Georgij Secundi nunc Magne Brittainia Francia et Hibernia Septimo
Att a Court of Generall Sessions of ye peace be- gun and held at Worcester within and for the County of Worcester on the first Tuesday of November being the Sixth day of Said month Annoq Dom : 1733
PRESENT
John Chandler Esq Joseph Wilder Esq William Ward Esq
William Jenison Esq Danl Taft Esq Samuel Dudley Esq
Joseph Dwight Esq Nahum Ward Esq John Chandler Jr Esq
Names of ye Grandjurors that attended.
M' Gershom Rice foreman
Capt Richard Moore
Mr David Maynard
M' Hooker Osgood
M' Sam1 Lillie
M' James Moore
Mr Wm Brown
M' William Richardson M' James Newton
M' Thomas Thayre
M' Moses How
M' Edward Moris
Mr Richard Davenport
Capt Wm Old :
M' Sam1 Johnson
M' Jona Farnsworth
Each attended Two days and Constable Isaac Moore 2 days
1733.3 Worcester County, Massachusetts. 85
Worcester ss att a Generall Sessions of ye Peace holden at Worcester within and for the County of Worcester on Tuesday ye Sixth day of November anno Domini 1733, The Grandjurors for ye body of ye Said County upon their Oaths do presentt ; That Dudley Jordan and Benjamin Smith both of Lambs Town1 as So Called in Said County Husbandman did on ye 28th day of october last past being ye Lords day Unnecessaryly Travell through ye Town of Shrewsbury In Said County-and also that the
wife of Thomas Hutchins of Dudley in Said County hath Unneces- saryly absented herself from the from ye Publick Worship of God on ye Lords days for more than Two months last past. and also That David Haynes of Sudbury in ye County of Midlesex Gent and Samuel Waldo of Boston in ye County of Suffolk merchant and George Mareiss of Boston aforesaid Waiter did each and all of them Unecessaryly Travell from Rutland to Worcester On ye Lords day being ye 23ª day of September last past-and also that Samuel Bridges Husbandman & Mary Godman Housewife and Mehittable Bridges Spinster all of Mendon in ye County of Wor- cester and Bethhya Gassett of Southborough in Said County Spin- ster Each and all of them for Unecessaryly absenting themselves from ye Publick Worship of God for more then Two months last past ; and also that Daniel Taft of Mendon in ye County of Wor- cester Esqr about Six weeks Since at ye House of William Jenison Esqr in Worcester in Said County did Wittingly and Willingly make and Spread a false Report against Samuel Terry of Mendon aforesaid Clerk with Intent to abuse and deceive ye Said Terrey and Others by Saying that m's Rawson Told him yt the Said Ter- rey was so bad of it (meaning that he was So disguised with drink that he was led or put To bed on one Scacrament day night and that Grindall Rawson and m" Dorr were ye persons that put him To bed all which things are against the peace of our Sovereign Lord George by ye Grace of God of Great Britain France and Ire- land King defender of ye faith &ct and ye Good and wholsome laws of this province Joseph Dwight attorney pro Rego
Gershom Rice foreman
Entered { Jnº Chandler J' Cle pac
1 Now Hardwick.
86
Court of General Sessions.
S NOVEMBER TERM,
Amariah Bush's Recognizance Discharged Nathaniel Waits Recognizance Discharged Abigaill Lesure Recognizance Discharged &ct Sam11 Terrey Clerk Complaint against Abigal Lesure withdrawn Samuel Wadkins Recognizance discharged Timothy Sewell Recognizance Discharged
William Ward Esqr one of ye Comittee To whom the Petition of the Revered m' David Parsons was present to ye Court in august last past was comitted made a report, whereon Upon ye Court or- der that the affair Relating thereto Lye till ye further order of this Court
A vote or By Law of ye Town of Woodstock being presented to ye Court for their allowance and approbation ye Same was accord- ingly approved off and is on file
A memoriall of Thomas Palmer Esqr Seting forth yt ye Jury in lay- ing out the way To Mendon runs it through his Orchyard & mowing land & not agreeable To ye Report of ye Comittee which is as he apprehends through a mistake pray the Said mistake may be Recti- fied &ct Read and ordered that the Said memoriall & ye Subject matter thereof be Comitted To William Jenison & Henry Lee Esqsr That they view ye Road where ye mistake is Supposed To be done & Report as Soon as may be what they may think proper for the Court to doe thereupon.
An accott of Daniel Gookin Esqr Sheriff of ye County of Wor- cester amounting unto ye Sum of Twenty Two pounds three Shill- ings for Sundry Services & Sallary &ct as { ye acco" appears Read & Examined and order that the Said accot be allowed & The Treasurer of ye County is accordingly ordered To [pay] ye Said Sum of Twenty Two pounds three Shillings To Daniel Gookin Esqr in full Discharge thereof.
1733.3 Worcester County, Massachusetts. 87
Samuel Terrey of Mendon in the County of Worcester Clerk appellant from a Sentance given against him by Daniel Taft Esqr one of his majesty's Justices of the peace for Said County Upon ye Complaint or information of William Torrey of Mendon aforesaid Husbandman on his majestys behalf for his the Said Terrys being Drunk in ye Town of Mendon &ct whereby he was Sentanced To pay a fine for the Use of ye poor of ye Town of Mendon ye Sum of five Shillings & fees & Cost of Sute &ct as ? ye Complaint The Sentance appears and now ye appellant appeared and put him Self upon Tryall of his plea of not Guilty by the Court The Evi- dences in behalf of our Sovereign Lord ye King were Sworn & ye Case fully and maturely heard Its Therefore Considered by the Court That the former Sentance be Confirmed & that therefore ye Said Samuel Terrey pay as a fine 'l'o ye Use of ye poor of ye Town of Mendon The Sum of five Shillings with former and ad- ditional Costs and Stand comitted untill This Sentance be per- formed, ye fine & Costs were paid in Court & ye appel Dismissed
Eben' Albee of Mendon &ct appel from a Judgment given against him by William Jenison Esqr as appears by yr Judgmt on file, This Case was comitted to the Jury and it appearing To be a mistryal inasmuch as ye Jury Seperated before they had agreed upon a Verdict Therefore ye Court order That This Case be Con- tinued To ye Ist Tuesday of Febry next of which all persons Con- cerned are To take notice and Conform them Selves accordingly
Tom Negro of Leicester In the County of Worcester Labourer Servant of Cap" Thomas Steel of Boston Gent being presented by ye Grandjurors for the body of the County aforesaid for y' ye Said Tom Negro being at Worcester aforesaid on or about ye 22d day of September last past did find a Certain Pockett book or Case with a Three pound Bill and one Ten Shilling Bill and a letter therein all which things belonged to Ralph Earl of Leicester in Said County Yeoman and ye Said things ye Said Tom having So
·
88
Court of General Sessions.
S NOVEMBER TERM,
found did and doth Still neglect & Refuse to enter with ye Town Clerk Cry and post as ye law Requires all which is against ye peace of our Lord ye King his Crown & Dignity & ye good and Whol- some laws of this province as appears by ye presentment The said Tom Negro came into Court & pleaded To ye Insufficiency of ye presentment as { ye pleas on file which were over-Ruled and the said Tom Negro pleaded not Guilty & put himself upon Tryall by ye Court, The witnesses In the Case were Sworn and the mat- ter being duly Considered the Court are of opinion that the Said Tom Negro found the Three pound bill and The Ten Shilling bill as sett forth in ye presentment and ye pockett book of ye Value of one Shilling and that he hath neglected Entering crying and post- ing up the Same according to law That therefore the Said Tom Negro Hath forfeited to ye use of ye poor of ye Town of Leicester The sum of Twenty three Shillings & Eight pence for his neglect : & yt pay ye Sum of three pounds Eleven Shillings To ye Said Ralph Earl being ye money found & ye Value of ye Book and pay Costs Standing Comitted Till This Sentance be performed. The Said Tom Negro appealed from This Sentance To ye next Court of assize and General Goal delivery To be holden at Worcester in and for ye County of Worcester on the wednesday Imediately preceeding The time by law appointed for holding Said Court of assize and Generall Goal delivry at Springfield in and for the County of Hampshire in September next and entered into Recognizance with Two Suffi- cient Suretys to prosecute his appeal with Effect. - Tom Negro of Leicester In ye County of Worcester Labourer as principall In ye Sum of Twenty pounds and Thomas Steel Jun' of Boston In ye County of Suffolk Gent and Edmund Goff als Trowbridge of Cam- bridge in the County of Midlesex Gent as Suretys In Ten pounds Each acknowledged themselves bound by way of Recognizance To our Sovereign Lord ye King his heirs and Successors to be Leveyed on their Severall goods or Chattells lands or Tenements for the use of our Lord ye King Conditioned that the Said Negro Tom prose- cute his appeal as aforesaid with Effect
att™ John Chandler J' Cle pac
1733. Worcester County, Massachusetts. 89
Our Sovereign Lord the King plat versus Obadiah Coolidge of marlbro' In the County of midlesex Cordwainer Versus William Taylor & abraham Eager Jun' both of Shrewsbury In the County of Worcester Deft" as { a Scire facias Served on them & duly Re- turned dated July 2ª 1733, appears. and now ye Said Obadiah Coolidge who was the principal did not appear but the said Wil- liam Taylor & abraham Eager ye Suretys appeared and pleaded in abatement of ye process as appears by ye pleas which being duly Considered by the Court Its ordered that ye writt of Scire facias abate
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