Worcester County, Massachusetts - Chapter 116 (1 of 2 so headed), 1889

By William T. Davis

It 13 not proposed to include in this sketch any msilter wbicli properly belongs to the histories of the towns of which Worcester County is composed. Religion, education, niauulactures and Indian history will all be treated in the sketches of the various towns with who-ie growth and traditions and present condition they are inseparably connected. It is proposed to confine the sketch strictly to an iitvestigatioa of the affairs of the connty proper, its incorporation, its geographical character, its boundaries, its courts, its otiicers and such associations as have the county for both the extent and limit of their operations.

Worcester County was incorporated by an act which was passed by the General Court, April 2d, and published April 5, 1731. The text of the act is as follows:

An Act for erecting, granting and making a County in the Inland piirts of tliis Province, to be ciilk-il tlie County of Worcester, and for estabUsiiias Courts of Ju>tice witliin the siime :

Sect. 1. Tbat the towns and places hereafter named and expressed; That is to say, Worcester, Lancaster, Westboro', Shrewsbury, Soiithhoro', Leicester, Rutland and Lunenburg, all in the County of Slidrllesex ; Mendon, Woodstock, Oxfurd, Sutton (including Hassiuiamisco), Uxbridgo ami the hind lately giaiitod to several petitioners of JledfieUI, all in the County of SnfTulIc; BrooUfieUl in the County of Hampshire and the Sovith town laid out to tbe Narragansett suldiers ; and all other lands lying within said to\vnshi[>s with the inhabitants thereon, shall from and after the lOtb day of July, which will be in tbe year of our Lord, seventeen hundred and thirty-one, bo and reiiinia ono intiro and distinct County by the name of Worcester, of whicli Worcester U> be the Connty or shire town ; and the said County to Iiave, use and enjoy all sncli powei-s, privileges and immunities us by law other counties within this Trovincc have and do ehjoy.

Sect, 'J. That there shaU be hehl and kept within tbe snid County of Worcester, yearly, and in every year at the times and places in this Act hereafter exiu-cssed, a Court of General Ses-ioiis of the Peace and an Inferior Court of Common Pleas, to sit at Worct-^teron the second Tuesdays of May and August, the first Tuesdays of Xovemlier and February yearly, and in every year until this Court shall otherwise order, a Superior Court of Judicature, Court of AB^ize and General Gaol Delivery, to sit on the Wednesday innnediately preceding tiio time by law appointed for the holding of the said Court of Judicatun), Court of Assize and General Gaol Delivery at Springfiekl, within and for the County of Hampshire; and the Justices of the said Court of General Sessions of the Peace, Inferior Court of Common Tleas, Superior Court of Judicature, Court of Assize and General Gaul Delivery, respectively, wlio are or shall be thereunto lawfully commissioned and !ip|iointed, shall have, hoM, use, exercise and enjoy all and singular the powers which are by law already given and granted unto them within any other counties of the Province where a Court of General Sessions of the Peace, Inferior Court of Common Pleas, Superior Court of Judicature, Court of Assize and General Gaol Delivery are already established. Provided,

Sect. a. That all writs, suits, plaints, processes, appeals, reviews, recognizances or any other matters or things which now are, or at any time before the said 10th day of July shall be defending in the law within any part of the said County of Worcester ; and aho aU matters and thinga vhich now are, or at any time before the said luth of July shall be defending before (he Judges of Probate within any part of the said County of Worcester, shall be heard, tryed, proceeded upon and determined in the Counties of Suffolk, Middlesex and Hampshire respectively, where the same are or shill be returnable or derending, and have or shall have, day or days. Provided, also.

Sect. 4. That nothing in this Act contained shall be construed to dieannul, defeat, or make void, any deeds or conveyances of lands lying in the said County of Worcester, when the same aro or shall be, before the said liitb of July, recorded in the Register's office of the respective Counties where such lands do now lye ; but that all such deeds or conveyances, so recorded, shall be held good and valid, as they would have been had not this Act been made.

Sect. 5. Tlirtt the .histices of the Court of General Sessions of the Peace at their first meeting in tlie said County of Woioester, sliall liave full power and authority to appoint some meet jierson w ithin the Baid Cunnty of Worcester to be Ue;;ister of Deeds and Conveyances within the same, who shall bo sworn to the faithful discharge of his trust in the said office, and shall continue to hold and exertiso the same according to the directions of the law, until some person be elected by the freeholders of the Baid County of Worcester (who aro hereby empowered to choose euch person on the first Thursday of September next ensuing, by the methods in the law already prescribed), to take upon him that trust ; and until Buch Register shall be appointed by the stiid Justices and sworu, all deeds and coiiveyancea of land lying within any part of the said County of Worcester, which shall be recorded in the Itegister's office of the re- Bpective counties w here such lands do now lye, shall be held aiul deemed good and valid, to all intents and purposes, as to the recording thereof.

Sect. G. That the methods, directions and proceedings by law, provided as well for electing and choosing a Register of Deeds and Conveyances as a County Treasurer, which olficei^ shall be appointed in the Bame manner aa ia by law already provided, on the first Thursday of September next, and also for the bringing forward and trying any actions, causes, pleaa or suits, both civil and crindnal, in the sevel-al Counties of this Province and Courts of .Judicature within the same, and choosing of Juries to serve at the Courts of Justice, shall extend and be attended, observed and put in practice within the said County of Worcester and by the Courts of Justice within the same ; any law, usage or custom to the contrary notwithstanding. Provided, always,

Sect. 7. That the inhabitants of the several towns and places herein before enumerated and set off a distinct County, shall pay their proportion to any County rates or taxes alreaily made and granted in the same manner as they would have done had not this Act been made.

A supplementary act was passed April 12th, and published April 14, 1753, providing " that all the lands within this Province, adjoining to the County of Worcester, and not laid to any other County, shall be and hereby are, annexed to the County of Worcester."

Hassanamisco, mentioned in the above act, was the Indian name of a territory about four miles square, which was reserved by the Sachem, John Wampus, when he sold to the English settler.^ the tract of land which afterwards became the town of Sutton. This territory was afterwards also sold and became the town of Grafton.

The South town, laid out to Narragansett soldiers, also mentioned in the act, was subsequently incorporated as the town of Westminster. In 1728 and 1732 the General Court granted seven townships to eight hundred and forty survivors of the Narragansett War and the legal heirs of such as had deceased, assigning one hundred and twenty proprietors to each township, on conditicn that sixty familits be settled in each place with a minister in the space of seven years from the date of the grant, reserving in each one right for the first minister, one for the ministry and one for the school. A meeting of the grantees was held in Boston on the Common, in June, 1732, and dividing themselves into seven classes, drew lots for the townships. The townships were laid out by a committee of the General Court as follows : " Number one was located back of Saco and Scarborough, number two north of Wachusett Hill, number three at Souhegan west, number four at Aiuariscogan, number five at Souhegan east, number six west of number two, and number seven was not located." South town was number two and was sometimes called

The name of the city of Worcester, from which the county derived its name, owes its origin to Worcester in England, on the banks of the Severn, built on the site of the castle of Hwiccia, called Hwic-wara-ceaster. The records of Massachusetts colony state that in 1GS4, " upon the motion and desire ol' Major-Cvencral Gookin, Capt. Prentice and Capt. Dan Hinchman, the Couit grants their request that their plantation at Quinsigamond be called Worcester and that Capt. Wing be added and appointed one of the Committee there in the room of the deceased and that their town brand mark be ^." The conjecture of Mr. William H. Whitmore that the name was given as a defiance to Charles the Second, who was defeated at Worcester by Cromwell, in 1651, has been endorsed inaqnalified way by Mr. William B. Harding, in his valuable and interesting essay on the origin of the names of towns in Worcester County, published in 1883. Though it is true that at the time Worcester was named, in 1B84, the oppressive measures of Charles had rendered him unpopular in the colonies, it is more than probable that the conjecture had its origin in one of those baseless and v;igue traditions which have disturbed the current of history, and that, like a large number of other towns in New England, some emigrant from old England desired to perpetuate the name of the place of his birth in the new.

Worcester County is the largest county in the Commonwealth, occupying the central part of the State and extending across its entire breadth from north to south. It has an area of about fifteen hundred square miles, and is drained by the head-waters of Miller's, Chicopee, Quinebaug, Thames, Blackstone, Nashua and other smaller rivers, which furnish power to a large numbtrof wheels of industry. Its suriace is undulating and its soil strong and productive, but its farming interes!s have been somewhat impaired by the advancing and strengthening wave of manufacturing industry. These interests, however, are by no means small. According to the census of 1880, in a list of the tsvo thousand four hundred and sixty-one counties in the United States, Worcester stands nineteenth in farm values and tenth in farm products. The determination of the shire-town of the county was not reached without difficulty. Sutton, Lancaster, Mendon, Brookfield and Woodstock stood higher than Worcester, both in population and valuation. But the central position cjf Worcester, together with the influence of Joseph Wilder, of L'.incaster, who remonstrated against the administration of justice in that town, settled the question. The first Court of Probate was held in Worcester, July 13, 1731, the first Court of Common Pleas and General Sessions of the Peace the 10th of August, and the Superior Court of Judicature on the 22d of Sepeember in the same year. The judges of the last court present were Benjamin Lynde, chief justice, and Paul Dudley, Ed- inund Quincy and John Gushing, justices. Paul Dudley, who was a judge from 1718 to 174.5, and chief justice from 174.5 to his deatli, in 1751, was the first lawyer who had ever sat on the bench.

At the time of the incorporation of the county nine other counties bad been incorporated in what is now the State of Massachusetts, - Essex, Middlesex and Norfolk incorporated May 10, 1G43; Hampshire, May 21, 1662; Barnstable, Bristol and Plymouth, June 21, 1685; Duke-s County, November 1, 168-3, and Nantucket, June 20, 1695. Norfolk County was composed of the towns of Haverhill, Salisbury, Hampton, Exeter, Dover and Portsmouth (then called Strawberry Bank). Upon the separation of New Plampihire in 1680, the last four towns were included within the limits of that State, and on the -Ith of February, 1680, by an act of tlie court, the other towns were added to Essex County, and Norfolk County ceased to exist. At a later date the present Norfolk County was incorporated, March 26, 1793, preceded by Berkshire April 24, 1761, and followed by Franklin June 24, 1811, and Hampden February 20, 1S12. The towns composing Worcester County at the time of its incorporatiim were incorporated as follows : Brookfield, which had borne the Indian name of Quaboag, was granted to petitioners in Ipswich in 1660 and incorporated Oct. 15, 1673, and included in the county of Hampshire by the act incorporating that- county passed May 21, 1662; Lancaster, whose Indian name was Nashwash, was incorporated May 18, 1653; Leicester, called Towtaid, granted February 10, 1713, to Colonel Joshua Lamb and others and incorporated in 1721 ; Lunenburg, the south part of Turkey Hills, August 1, 1728; Mendon, called Qunshapauge, May 15, 1607; Oxford, granted to Gov. Joseph Dudley and others in 1682, May 16, 1683; Rutland, called Nagueag, bought December 22, 1686, of Joseph Trask, alias Puagostiou, by Henry Willard and others of Lancaster, and incorporated February 23, 1713; Shrewsbury, December 19 1 727 ; Soutliboro', set ofl' I'rom Marlboro', in Middlesex County, July 6, 1727; Sutton, purcha.sed of Sachem John Wampus and incorporated June 21, 1715; Uxbridge, called Waeuntug, June 27, 1727; Wfstboro', called Chauncey, November ]8, 1717; Worcester, called Quinsigamond, granted to Daniel Gookin and others October 24, 1668, October 15, 1684 ; and Woodstock. The last-mentioned town was granted by the Colony Court in 1686 to certain inhabitants of Roxbury, in the State of Massachu-etts, and called New Roxbury. Judge Samuel Sewall says in his diary, under the date of 1690, that on the 18th of March he gave "New Roxbury the name of Woodstock because of its nearness to Oxford for the sake of Queen Elizabeth and the notable meetings that have been held at the place bearing that name in England."

The transfer of Woodstock from Massachusetts to Connecticut was owing to a change in the boundary line between those colonies. The first boundary line, known as the " Woodward and Safery line," was run in 1642. Previous to 1642 Connecticut had claimed Woodstock under the so-called charter by Robert, Earl of Warwick, dated March 19, 1631. On the 13th of July, 1713, an adjustment of the old line was reached, which declared the Woodward and Safery line erroneous, being six or seven miles too far south, and nearly all of Woodstock was found to be within the territory covered by the charter of Connecticut, issued by Charles the Second, April 20, 1652. Under the adjustment of 1713 it was agreed that Woodstock should remain under the jurisdiction of Massachusetts on the condition that Connecticut should receive such a number of acres from the unappropriated lands of Massachusetts as should be equivalent to thut part of the territory which had been found south of the true line. Enfield and Suftield were also found to be south of the line, and as a consideration for these three towns and for some other grants, south of the line, made by Massachusetts to individuals, Connecticut received one hundred and seven thousand seven hundred and ninety-three acres of land. But a feeling of dissatisfaction grew up before many years among the inhabitants of Woodstock, chiefly because the taxes in Massachusetts were higher than in Connecticut. They claimed that they had been annexed without their consent, and insisted on being restored to the jurisdiction of Connecticut. In 1748 a memorial, in which Enfield and Suffield joined, was presented to the General Assembly of Connecticut, of which the following is the text. They represented -

Ttiaf they had, without their consent or even havingbeen consulted iu the mutter, been put under the jurisdiction of Massacluisetts ; that a-s tliey were within the limits of tho royal charter of Connecticut, they liadajustaud legal right to the government and privileges which it conferred, and that they were deprived of their rights by that charter ; that the Legislature had no right to put them under another government, but tiiat the cliarter required that the same protection, government and privileges sliould be extended to them which were enjoyed by the other inhabitants of the colony. For these reasons they prayed to be taken under tlie colony of Connecticut, and to be admitted to the liberty and privileges of its other inhabitants.

After several attempts on the part of Connecticut to negotiate with Massachusetts with a view to reconsidering theadjustment of 1713, its General Assembly, in October, 1752, accepted Woodstock, Enfield, Suftield, including the town of Somers, which had been taken from Enfield in 1726, and has since held jurisdiction over them. Massacliusetts continued to tax the inhabitants on the disputed territory, but at the close of the Revolution the whole matter was dropped, and she not only lost her towns but one hundred and seven thousand seven hundred and ninety-three acres of land which had been given as the consideration for (heir possession. A more detailed account of the transaction may be found in " Historical Collections," by Holmes Ammiilown, to which the writer is indebted for the few incidents concerning it here related.

Since the incorporation of the county, in 1731, the following towns have been incorporated within its limits: Ashburnham, granted to Dorchester men who joined the Canada expedition and called Dor-

Chester Canada, was incorporated February 22, 1705; Athol, called Payguage, or Poqtiaig, March 6, 1702 ; Auburn, incorporated as Ward April 10, 1778, and receiving its present name February 7, 1837 ; Barre,

«i' der its present name; Blackstone, March 25,1845; Bolton, -June 24, 1738; Boylston, March 1, 1788; Charlton, November 2, 1754; Clinton, March 14, 1850; Dana, February IS, 1801; Douglas in 174(5; Dudley, called Chabamikongmum, originally granted to Paul and William Dudley, February 2, 1731, old style ; Fitchbnrg, February 3, 1764, as a town, and as a oily March 8, 1872; Gardner, June 27, 1785; Grafton, called Hassanamisco, April 18, 1735; Hardwick, bought of the [ndiaus in 1686, by Joshua Lamb and others, of Roxbury, and called Lambstown, January 10, 1738, old style; Harvard, June 29, 1732; Holden, January 9, 1740; Hopedale, April 7, 1886; Hubbardston, June 13, 1767; Leominster,June 23, 1740; Milford, called Wopowage, and afterwards Mill River, April 11,1780; Jlillbury, June 11, 1813; New Braintree, called Wenimesset, granted to certain inhabitants of Braintree, and called Braintree Farms, January 31, 1751 ; Northborough, January 24, 1760 ; Northbridge, July 14, 1772; North Brookfield, February 28, 1812; Oakham, called Rutlands West Wing, incorporated as District of Oakham June 11, 1762; Paxton, February 12, 1765; Petersham, granted to John Bennett, Jeremiah Perley and others, called Nitchawog, April 20, 1754; Phillipston, incorporated as Gerry October 20, 1786, and receiving its present name February 5, 1814; Princeton, called Wachusett, April 24, 1771; Royalston, called Royalshire, February 17, 1765; Southbridge, February 15, 1816; Spencer, April 3, 1753; Sterling, April 25,1781; Sturbridge. settled by Medfield people, and called New Medfield until its incorporation, June 24, 1738; Templeton, called Narragansett No. 6, March 6, 1762 ; Upton^ June 14, 1735; Warren, incorporated as Western January 16, 1741, and under its present name March 13, 1834; Webster, March G, 1832; West Boylston, January 30,1808; West Bro..kficld, March 3, 1848; Westminster, called South Town, and laid out to Narragansett soldiers, was incorporated April 26, 1770 ; and Winchendon, granted in 1735 to the heirs of Ipswich men who were in the Canada expedition in 1090, and called Ipswich Canada, June 14, 1764.

According to the essay of William B. Harding, before referred to, Ashburnham derived its name from John Ashburnham, the second Earl of Ashburnham, and Athol from James IMurray, the second Duke of Athol. Both of these towns were named by Goveruor Bernard. Auburn was first named Ward, after General Artemas Ward, and changed in 1837, in consequence of its similarity to Ware. Bnrre, first named after Governor Hutchinson, was changed to its present name in 1776, in honor of Colonel Isaac Barre, a friend of the Colonies in Parliament. Berlin was named after the German city, and Blackstone took its name from William Blackstone, the first white settler in Boston and an early sttt'er ia Rhode Island. Bolton was named by Governor Belcher, in honor of Charles Powlet, third Duke of Bolton, and Boylston was named after the Boylston family of Boston. The name of Brookfield was suggested by the natural features of its territory, and Chariton was named by Governor Bernard, probably in honor of Sir Francis Charltoi), Bart. Clinton took its name from De Witt Clinton, Dana from the Dana family and Douglas was named by Dr. William Douglas, of Boston, who gave the town the sum of five hundred dollars as a school fund and thirty acres of land, with a house and barn, as a consideration for the privilege. Dudley was named after Paul and William Dudley ; Fitchburg after John Fitch, one of its active citizens ; Gardner after Colonel Thomas Gardner, who was killed on Bunker Hill; and Grafton was named by Governor Belcher, in honor of Charles Fits Roy, Duke of Grafton, a grandson of Charles the Second. Hardwick was named by Governor Belcher, for Phillip York, Lord Hardwick, chief justice of the King's bench; Harvard was named for John Harvard, the founder of Harvard University ; Holden probaljly for Samuel Holden, a dir-ector in the Bank of England ; Hubbardston for Thomas Hubbard, a Boston merchant ; Lancaster for the old town in England, Leicester for old Leicester and Leominster for the English town of that name. Lunenburg took its name from George the Second, one of whose titles was Duke of Lunenburg ; Oakham from Oakham in England, Oxford from old Oxford, Paxton from Charles Paxton, one of the commissioners of customs in Boston ; Petersham from the English town of that name, Phillipston, lirst named after Governor Gerry, from Lieut. -Governor William Phillips; Princeton from Rev. Thomas Prince, the annalist, and Royalston from Colonel Isaac Royal, one of the grantees of the township, who gave the town twenty-five pounds towards building a meeting-house. Rutland was named after either the Duke of Rutland or Rutlandshire in England; Shi'ewsbury in honor of Charles, Duke of Shrewsbury, or perhaps after the English town of that name; Spencer after Lieut.-Govcrnor Spencer Phipps; Sterling in honor of Lord Sterling, Sturbridge after Stourbridge in Worcestershire, Templeton after the Temple family, Uxbridge after either the English town, or Henry Paget, Earl of Uxbridge ; Warren alter General Joseph Warren and Webster after the great statesman. Westminster took the name of the London borough of that name, and Winchendon received its name from Governor Bernard, who was the eventual heir of the Tyringhams of

Upper Winchendon, England. These derivations, as given by Mr. Harding, are interesting, and wortliy, with proper credit to tlieir aullior, to be inserted in this slcetcli.

Tiie following schedule shows the population of the various towns according to the census of 1885, and their valuations established by Chapter 73 of the Acts of 1880 as the basis of apportionment for State and county ta.\es until the year 1889:

The various courts referred to in the act of incorporation were established by the Court of the Province of Massachusetts Bay soon after the union of the Plymouth and Massachusetts Colonies. On the 28th of June, 1692, it was enacted as follows:

Fora.smucli .as the orderly regulation and well-establishment of Courts of Justice is of great concernment, and the public occjisious with refer* encc to the war and otherwise being so pressing at this season that this Court cannot now conveniently sit longer to advise upon and fully settle the 8;iuie, but to the iateut that justice be not obstructed or delayed, -

Be it ordained and enacted, by the Governor, Council and Representatives, convened in General AsscDibly, and it is ordained by the authority of tlie .'same.

Sf.ct. 1. That on or before the last Tuesday of July next there be a general sessions of the peace held and kept in each respective county within this province, by the Justices of the same county or throe of them at least (the first justice of the qnornm then present to preside) who are hereby empouered to hear and determine all matters relating to the conservation of the peace and whatsoever is by them cognizable according to law, and to grant licenses to such persons within the Bamo county, being firat approved of by the Selectmen of each town, where such persons dwell, whom they shall think fit to be enipluyed as innlloldei^ or retailers of w ines or strong liquors. And that a sessions of the peace be successively held and kept as aforesaid within the several cotintics at the same times and placets as the county courts or inferior courts of common pleas arc hereiuafler ap[K)inted to be kept.

Sc'.-r. 2. That the county courts, or inferior courts of common pleas, bo held and kept in each resppclive county by the justices of the same county, or three of them at the least (the first justice of the quorum then present to presitle), at the same times and places they have been formerly kept according to law for the hearing and determining of all civil actions arising or happening within the 8:ime, triable at the common law according to former usage ; the justices for holding and keeping of the said court within the county of Suffolk to be purticidarly appointed and commis-^ioned by the Governor with the advice and consent of the council. And that all writs or ntlachmcnts shall issue out of the clerk's office of the .*aid several courts, signed by tl'.o clerk of such court, directed unto the sheriff of the coimty, his under-sheriff or deputy. The Juroi-s to serve at said courts to be chosen according to fMrnier custom, by anti of the freeholders and other inhabitants, qualified ns is directed in their m:^csties' royal charter.

This law was disallowed by the Privy Council August 22, 169o. The letter from the Privy Council disallowing the act stated that " whereas Inferior Courts are appointed to be held by the Justices of Peace in each county and the Justices of Peace in the county of Suffolk are to be specially appointed by the Governor with the consent of the council, Whereby the powers of his M.ijesties Charter is enacted and csiablished into a law and distinction made by the said Act in the manner of appointing Justices for the county of Suffolk and other counties, it hath been thought tit to repeal the said Act."

Sf.ct. 1. That all manner of debts, trespasses and other matters not exceeding the value of forty shillings (wheivin the title of land is not concerned) shall and may be heard, tried, adjudged and determined by any of their majesties, justices of the peace of this province within tbo respective conutics where he resi<Ies. . . .

Si-CT. 4. That there shall be held and kept in each resjiective county within Ibis province, yearly at the times and places hereafter named and expressed, four courts or quarter sessions of the jwace by justices of the Jteace of the same county, who are hereby empowered to hear and determine all matters relating to the conservation 4>f the peace and punishment of offenders and w hatsoever is by them cognizable according to law. , . .

be held iiiiil kept iu each respective county iind ishiiids, befuro named, witliin this province an Infeiior Court of Common Pleas by four of tlie Justices of and rceidiu}; witliin tlie tame county and islands rcsjyect ively, to be appointed and coniinlssiuned tliereto, any tljree of whom to bo a quorum, for tlio hearing and determining of all civil actions arising or happening within the same, triable at the common law of what nature, kind or quality soever. , . .

Sect. G. That there shall be a Superior Court of Judicature over this wiiole province, to be held and kept annually at the respective times and places as hereafter mentioned, by one Chief Justice and four other justices, to be appointed and comnii.s8ioned for the same, three of whom to be a quorum ; who shall have cognizance of all pleas, real, personal or mixed, as well iu all pleas of the crown and in all matters relating to the conservation of the peace and punishment of offendersaa in civil causes or actions between party and paity, and between their nuijestiea and any of their gidgects, whether the same do concern the lealtyand relate to any right of freehold and inheritance, or whether the same do concern the personally alal relate to matter of debt, contract, damage or personal injury, and also in all mi.xed actions which may concern both realty and personalty. . . .

Sect. 14. . . . that either party not resting satisfied with the judgment or sentence of any of the said jvidieatories or courts iu personal actions wherein the matter in difference doth exceed the value of three hundred pounds sterling (and no other), may appeal unto their majesties in council, such appeal being made in time, and Eecurity given according to the directions in the charter in that behalf. . . .

Whereas by the Acti divers courts being established by the said Act, it is hereby further provided that if either party not being satisfied with the judgment of any of the said courts in personal actions not exceeding three hundred pounds (ami no other), they may appeal to His Majesty iu Council, whicli pioviso not being according to the words of the charter and appeals to the King in council in real actions seeming thereby to be excluded, it hath been thought fit to repeal the said Act.

On the 19th of June, 1697, another act was passed providing for a Court of General Sessions of the Peace, an Inferior Court of Common Pleas, and a Superior Court of Judicature, Court of Assize and General Gaol Delivery, the tenth section of which provided " that all matters and issues in fact arising or happening in any county or place within this province shall be tried by twelve good and lawful men of the neighborhood, to be chosen in manner following. . . ."

This act was disallowed by the Privy Council November 24, 1G9S, for the reason that it provided ior the trial of all matters and issues in fact by a jury of twelve men, while the act of Parliament entitled "An Act for Preventing Frauds and Regulating Abuses in the Plantation Trade," provided that all causes relating to the breach of the acts of trade may, at the pleasure of the officer or informer, be tried in the Court of Admiralty to be held in any of His Majesty's plantations respectively where such oifence shall be committed, in which court the nniethod of procedure uader the law is not by trial by

On the 16th of June, 1699, still another act was passed establishing a Court of General Sessions of the Peace in each county, " to be held by the Ju.stices of the peace of the same county or so many of them as are or suail be limited in the commission of the peace, who are hereby impowered to hear and determine all matters relating to the conservation of the peace and

On the 15th of the same mouth an act was passed establishing an Inferior Court of Common Pleas, which " shall be held and kept in each respective county within this province and at the Island of Nantucket within the same, yearly and every year at the times and places in this Act hereafter mentioned, and expressed," " by four substantial persons to be appointed and commissioned as justices of the same court in each county, any three of whom to be a quorum for the holding of said court, who shall have cognisance of all civil actions arising or happening within such county tryable at the common law, of what nature, kind or quality soever."

On the 26th of the same month an act was passed, establishing a Superior Court of Judicature, Court of Assize and General Gaol Delivery over the province, " to be held and kept annually at the respective times and places mentioned in the act by one Chief Justice and four other Justices to be app linted and commissioned for the same, any three of them to be a quorum, who shall have cognizance of all pleas, real, personal or mixed, as well all pleas of the crown and all matters relating to the conservation of the peace and punishment of offenders, as civil causes or actions between party and party, atid between his majesty and any of his subjects, whether the same do concern the realty and relate to any right of freehold and inheritance, or whether the same do concern the personalty and relate to matter of debt, contract, damage or personal injury, and also all mixed actions which concern both realty and personalty, brought before them by appeal, review, writ of error or otherwise, as the law directs; and generally all other matters as fully and amply to all intents and purposes whatsoever as the courts of king's bench, common pleas and exchequer within his majesty's kingdom of England have or ought to have."

These laws were substantially re-enactments of the laws pas.sed in 1692, and disallowed by the Privy Council, and with amendments remained in force during the existence of the province. Either by the act establishing the General Sessions of the Peace or by special acts afterwards passtd, the jurisdiction of this court took a wide range. Besides its criminal jurisdiction it granted licenses to innholders and retailers of liquor; it heard and determined complaints by the Indians; it provided at one time destitute towns with ministers; it determined the amount of county taxes and apportioned the same among the towns ; it had charge of county property and expended its money ; it laid out highways ; it counted the votes for county treasurer and audited his accounts ; it appointed masters of the House of Correction and made rules for the government of the same ; it ordered the erection and repair of prisons and other county buildings, and had the general care of county affairs.

Worcester Counts

These province laws concerning the judiciary were, by a gradual and natural process of evolution, the outgrowth of the early laws of the Massachusetts colony. At first the General Court, consisting, until 1634, of the Governor, the assistants and freemen and after that date of delegates instead of the whole body of freemen, was held monthly " for the handling, ordering and despatching of all such business and occurrences as should from time to time happen touching or concerning said company or plantation," "as well for settling the forms and ceremonies of government and magistracy and for naming and se:tling of all sorts of officers needful for the government and plantation," " aa also for imposition of lawful fines, mulcts, imprisonments or other lawful correction according to the course of other corporations in this our realm.'' Next to the General Court was the Court of Assistants, which, by a law passed in 1639, was to hold two terms in Boston, and composed of the Governor and Deputy-Governor and assistants, to hear and determine all and only actions of appeal from the inferior courls, all causes of divorce, all capital and criminal causes extending to life, member or banishment. There were also established in 1639 County Courts, which had the same jurisdiction as that covered by the Courts of Common Pleas and Courts of Sessions at a later day. There were also Strangers' Courts established in 1639, or, as they were sometimes called, Merchants' Courts, designed to meet the wants of strangers who were unable to await the ordinary course of justice. In addition to these there were the Military Court, established in 1634; the Court of Chancery, established in 1685; and some lesser courts, such as those of the Magistrates', the Commissioners' of snail causes, and the Selectmen's Court, from which appeals could be taken to the County Courts.

After the surrender of the charter and the appointment of Joseph Dudley as President, the Governor and Council were made a Court of Record to try civil and criminal matters and authorized to appoint judges of such inferior courts as they might create. The judicial system under President Dudley consisted of a Superior Court and Courts of Pleas and Sessions of the Peace. Under his administration Judges of Probate were first appointed.

After the arrival of Andros as Governor of New England in 1686 the Governor and Council had full powers of making, interpreting and executing the laws subject to revision by the crown. He issued an order on the day after his arrival, December 20, 1680, continuing all officers then in power in their several places until further orders and directed the judges to administer justice according to the customs of the places in which their courts were held. On the 3d of March, 1687, an "Act for the establishing Couris of Judicature and Public Justice" was passed, under which a system was organized, which led to the judicial system adopted under the charter of the United Colonies in 1692. Under this act the jurisdiction of justices of the peace was fixed, quarterly sessions were established, the Inferior Court of Common Pleas and the Superior Court of Judicature were created. A Court of Chancery was provided for and a system perfected which was not overthrown on the accession of William and Mary in 1688 and on the deposition of Andro.s, and which was practically continued under the charter of the Province of Massachusetts Bay.

Of the judges of the Superior Court of Judicature, neither was a native of that part of the Province which was included within the limits of Worcester County. The first session of the Inferior Court of Common Pleas held in Worcester County was held at Worcester August 10, 1731, when Rev. John Prentice, of Lancaster, preached a sermon from 2 Chron. 19: 6-7 : "And said to the judges. Take heed what ye do: for ye judge not for man, but for the Lord, who is with you in the judgment. Wherefore now let the fear of the Lord be upou you ; take heed and do it: For there is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts."

The court was composed of John Chandler, of Woodstock, chief justice, who remained in office until his death in 1743; Joseph Wilder, of Lancaster, who continued to serve until 1757; William Ward, of Southboro', who remained on the bench uutil 1745, and Wm. Jennison, of Worcester, who died in 1743. Joseph Dwight served as the successor of John Chandler from 1743 to 1753, and Samuel Willard, of Lancaster, as the successor of Wm. Jennison from 1743 to 1753. Nahum Ward, of Shrewsburj', served as the successor of Wm. Ward from 1745 to 1762, and Edward Hartwell, of Lunenburg, as the successor of Joseph Dwight from 1752 to 1762. Jonas Rice, of Worcester, served as the successor of Samuel Willard from 1753 to 1756, and John Chandler, of Worcester, son of the first Judge Chandler, and who had been from the beginning clerk of the court, from 1754 to 1762. Thomas Steele, of Leicester, served as the successor oXJjJnas. Rice from 1756 to the Revolution, and Timothy Ruggles, of Hardwick, as the successor of Joseph Wilder from 1757 to the Revolution. Joseph Wilder, son of the first Judge Wilder, served as the successor of Edward Hartwell from 1762 until the Revolution, and Artemas Ward, of Shrewsbury, as the successor of John Chandler, who resigned in February, 1762. The judges appointed for this court after the beginning of the Revolution were Artemas Ward, of Shrewsbury ; Jedediah Foster, of Brookfield ; Moses Gill, of Princeton, and Samuel Baker, of Berlin. They were commissioned October 17, 1775, and their first term was held December 5th of the same year. On the 19th of September, 1776, Joseph Dorr, of Ward (now Auburn), was appointed to succeed Jedediah Foster, who had been appointed to the bench of the Superior Court of Judicature, and as thus constituted the Inferior Court of Common Pleas continued until July 3, 1782, when the Court of Common Pleas was established, to be held in each county at apecilicd times and places, with lour judges to be appointed by the Governor from witliin the county. Tliis court waa substantially the same as the Inferior Court of Common Pleas. The judges of the old court were appointed to the new, and no changes occurred until 1795, when Michael Gill, of Princeton, and Elijah Brigbam, of Westboro', succeeded Moaes Gill, who was chosen Lieutenant-Governor, and Samuel Baker. In 1798 John Sprague, of Lancaster, succeeded Artemas Ward, who resigned, and in 1800 Dwight Foster, of Worcester, succeeded Michael Gill. In 1801 Jonathan Warner succeeded John Sprague, and at a later date Benjamin Hey- of Worcester, was appointed, completing the list of judges of this court up to its abolishment, June 21, 1811.

At the above date an act was p.issed providing that the Commonwealth, except Dukes Couniy and the county of Nantucket, should be divided into six circuits as ibilows : the Middle Circuit, consisting of the counties of Suffolk, Essex and Middlesex; the Western Circuit, consisting of the counties of Worcester, Hampshire and Berkshire; the Southern Circuit, consisting of the counties of Norfolk, Plymouth, Bristol and Barnstable ; the Eastern Circuit, consisting of the counties of York, Cumberland and Oxford ; the Second Eastern Circuit, consisting of the counties of Lincoln, Kennebec and Somerset; and the Third Eastern Circuit, consisting of the counties of Hancock and Washington ; and that there shall be held in the several counties, at the times and places now appointed for holding the Courts of Common Pleas, a Circuit Court of Common Pleas, consisting of one chief justice and two associate justices, to whom were to be added two sessions ju.stices from each county to sit with the court in their county.

This court was aboli?hed on the 14th of February, 1820, and the Court of Common Pleas established with four justices, one of whom, it was provided by law, should be commissioned chief justice. On the 1st of March, 1843, the number of judges was increased to five; March 18, 1845, to six ; and May 24, 1851, to seven. On the 5th of April, 1859, the court was abolished, and the present Superior Court established, with ten judges, which number was increased May 19, 1875, to eleven, and to thirteen February 27, 1888.

The judges of the Common Pleas Court, founded in 1820 and terminating in 1859, were Artemas Ward, chief justice, commissioned 1820; John Mason Williams, commissioned as judge in 1820, and chief justice in 1839; Solomon Strong, 1820; Samuel Howe, 1S20; David Cummins, 1828; Charles Henry Warren, 1839; Charles Allen, 1842; Pliny Merrick, 1843 ; Joshua Holyoke Ward, 1844; Emory Washburn, 1844; Luther Stearns Gushing, 1844; Daniel Wells, chief justice, 1845; Harrison Gray Otis Colby, 1845; Charles Edward Forbes, 1847; Edward Mellen, 1847, and chief justice, 1854; George Tyler Bigelow, 1848; Jonathan Coggsnell Perkins, 1848; Horatio Byington, 1848; Thomas Ilopkinson, 1848; Ebenczer Rockwood Hoar, 1849; Pliny Merrick, 1850; Henry Walker Bishop, 1851; George Nixon Briggs, 1853; George Partridge Sanger, 1854 ; Henry Morris, 1855 ; and David Aikin, 1856, - the laat five of whom, with Judges Mellen and Perkins, composed the bench at the time of the abolishment of the court.

The Circuit Court of Common Pleaa, founded June 21, 1811, had a jurisdiction which was at various times extended and diminished. Its history was closely connected with that of the Court of General Sessions of the Peace. The latter court remained substantially the same during the life of the Province and up to June 19, 1807, when it was enacted that it should consist of one chief justice, or first justice, and a certain number of associate justices for the several counties, to be appointed by the Governor with the consent of the Council. These justices were lo act as the General Court of Sessions in the place of the juaticea of the peace.

On the 19th of June, 1809, the powers and duties of the General Court of Sessions were transferred to the Court of Common Pleaa, and on the 25th of June, 1811, it was enacted " that from and after the first day of December next, an act made and passed the 19th day of June, 1809, entitled 'An Act to transfer the powers and duties of the Courts of Sessions to the Courts of Common Pleas,' be and the same is hereby repealed, and that all acta and parts of acts relative to the Courts of Sessions, which were in force at the time the act was in force, which is hereby repealed, be and the same are hereby revived from and after the said first day of September next."

On the 28th of February, 1814, it was enacted that the act of June 25, 1811, " be repealed, except so far as it relates to the Counties of Suffolk, Nantucket and Dukes County, and that all petitions, recogni- zances, warrants, orders, certificates, reports and prnces?e< made to, t:iken for, or continued, or returnable to the Court of Ses-ions in the several counties, except as aforesaid, shall be returnable to, and proceeded in, and determined by the respective Circuit Courts of Common Pleas, which was established June 21, 1811." It was further provided "that from and after the first day of June next, the Circuit Courts of Common Pleas shall have, exerci-'e and perform all powers, authorities and duties which the respective Courts of Se.-sions have, before the passage of this act, exercised and performed, except in the Counties of Suffolk, Nantucket and Dukes County." And it was further provided that the Governor, by and with tlie advice of the Council, be authorized to appoint two persons in each county who shall be session justices of the Circuit Court of Common Pleas, and sit with the justices of said Circuit Court in the administration of the affairs of their county and of all matters within said county of which the Courts of Sessions had cognizance. The affairs of the county were thus administered until February 20, 1819, when it was enacted "that from and after the first day of June next an act to transfer the powers and duties of the Courts of Sessions to the Circuit Courts of Common Pleas, passed February 28, 1814, be hereby repealed," and it was further provided "that from and after the first day of June next the Courts of Sessions in the several counties shall be held by one chief justice and two associate justices, to be appointed by the Governor, with the advice and consent of the Council, who shall have all the powers, rights and privileges, and be subject to all the duties which are now vested in the Circuit Courts of Common Pleas, relating to the erection and repair of jails and other county buildings, the allowance and settlement of county accounts, the estimate, apportionment and issuing warrants tor assessing county taxes, granting licenses, laying out, altering and discontinuing highways, and appointing committees and ordering juries for that jiurpose."

The management of county affairs remained in the hands of the Court of Sessions until March 4, 1820, when that part of its duties relating to highways was transferred to a new board of officers denominated " Commissioners of Highways." It was provided by law "that for each county in the Commonwealth, except the Counties of Suffolk and Nantucket, there shall be appointed and commissioned by His Excellency the Governor, by and with the advice and consent of the Council, to hold their offices for five years, unless removed by the Governor and Council, five commissioners of highways, except in the Counties of Dukes and Barnst.able, in which there shall be ajjpoiuted only three, who shall be inhabitants of such county, one of whom shall be designated as Chairman by his commission." It was further provided that the commissioners should report their doings to the Court of Sessions for record, and that said court should draw their warrants on the county treasurer for ihe expenses incurred by the crmmissioners in conslructiiig mads laid out by them.

On the 26th of February, 1828, the act establishing the Courts of Sessions, passed February 20, 1819, and the act in addition thereto, passed February 21, 1820, the act increasing the numbers and extending the powers of the justices of the Courts of Sessions, passed February 6, 1822, and the act in addition to an act directing the method of laying out highways pa>sed March 4, 1826, were repealed. The repealing act provided that " there shall be apijointed and commissioned by His Excellency, the Governor, by and with the advice and consent of the Council, four persons to be county commissioners for each of the counties of Essex, Middlesex, Norfolk and Worcester, and three persons to be county commissioners for each of the other counties of the Commonwealth, except the county of Suffolk," " th.at the clerks of the Courts of Common Pleas within the several counties shall be clerks of said county commissioners," and "that for each of the counties in the Commonwealth except the counties of Suffolk, Middlesex, Essex, Worceter, Norfolk and Nantucket, there shall be appointed and commi^sioned two persons to act as special county commissioners." Under this law Jared Weed, Aaron Tuft-^, William Eaton and Edmund Gushing were appointed in 1828, and served until 1832, when James Draper succeeded Aaron Tufts. No further changes occurred in the board until 1835, when, on the 8th of April in that year, a law was passed providing that in every county, exc<-pt Suffolk and Nantucket, the judge of Probate, the register of probate and clerk of the Court of Common Pleas, should be a board of examiners, and that on the first Monday in May, in the year 1835, and on the firot .Alonday in April in every third year thcrealter, the people should cast their votes for three county commissioners and two special commissioners. Under this law John W. Lincoln, William Crawford and Ebenezer D. Ammidown were chosen in 1835 ; William Crawford, Samuel Taylor and Ebenezer D. Ammidown, in 1838; AV'illiam Crawford, David Davenport and Charles Thurbcr, in 1841; William Crawford, Jerome Gardner and Joseph Bruce, in 1844; the same in 1847 ; Otis Adams, Bonura Nye and Asaph Wooi), in 1850, and the same in 1853. On the llih of March, 1854, it was provided by law that the county commissioners then in oHice in the several counties, except in Suffolk and Nantucket, shall be divided into three classes, those of the first clat-s holding their offices until the day of the next annual election of Governor, those of the second class until 1855, and those of the third class until the election in 1856, the commissioners then in office determining by lot to which class each should belong, and that at each annual election thereafter one commissioner should be chosen for three years. Under the new law the office of commissioner has been filled by Otis Adams, Bonum

Nye, Asaph Wood, Zaclock A. Taft, James Allen, Velorus A. Taft, Araory Holman, J. W. Bigelow, William 0. Browu, Henry G. Taft, H. E. Eice, George S. Duell and James H. Barker.

The Superior Court of Judicature which was finally established June 26, 1699, but which had been in operation since the act of November 25, 1692, which was disallowed by the Privy Council, formed a part of the judicial system of the province until February 12, 1781. It has been found difficult by some to draw the line between the death of the Superior Court of Judicature and the birth of the Supreme Judicial Court. An act was passed February 12, 1781, fixing the salaries of the justices of the Supreme Judicial Court, and yet the law establishing that court was not passed until July 3, 1782. Sufficient light is thrown on this discrepancy to explain it by an act passed February 20, 1781, which in its preamble uses the language, " Whereas by the Constitution and Frame of Government of the Commonwealth of Massachusetts the style and title of the Superior Court of Judicature is now the Supreme Judicial Court of the Commonwealth of Massachusetts," and which in the body of the act uses the further language, " That the Court which hath been or shall be hereafter appointed and commissioned according to the Constitution as the Supreme Judicial Court of the Commonwealth, etc." During its existence the judges on its bench were :

The chief justices of the court were, William Stougliton, 1692; Isaac Addington, 1702 ; Wait Winthrop, 1708; Samuel Sewall, 1718; Benjamin Lynde, 1718; Paul Dudley, 1745; Siephen Sewall, 1752; Thomas Hutchinson, 1761 ; Benjamin Lynde, 1769 ; Peter Oliver, 1772; William Cushing, 1775.

The Supreme Judicial Court, which superseded the Superior Court of Judicature, was established by law February 20, 1781. It was established with one chief justice and four associate justices, which number was increased to six in 1800, and the State divided into two circuits - the East, including Essex County and Maine, and the West, including the remainder of the

State except Suffolk County. In 1805 the number of associates was reduced to four, and in 1852 increased tofive. In 1873 the number of associates was increased to six, making the court as since constituted to consist of seven judges, including the chief justice. The judges of the court have been

The chief justices of the court have been William Cushing, 1781; Nathaniel Pcaslee Sargent, 1790; Francis Dana, 1791 ; Theophilus Parsons, 1800 ; Samuel Sewall, 1814; Isaac Parker, 1814; Lemuel Shaw, 1830 ; George Tyler Bigelow, 1860 ; Reuben Atwater Chapman, 1868 ; Horace Gray, 1873 ; Marcus Morton, 1882.

The administration of probate affairs up to the accession of President Dudley, in 1685, was in the hands of the County Court ; Dudley assumed probate jurisdiction, but delegated his powers in some of the counties to a judge, appointed by himself. Under the administration of Andros he assumed jurisdiction in the settlement of estates exceeding fifty pounds, while judges of probate had jurisdiction in estates of a lesser amount. The provincial charter gave jurisdiction to the Governor and Council in all probate matters, who claimed and exercised the right of delegating it to judges and registers of probate in the several counties. On the 12th of March, 1784, a Probate Court was established by law, of which the judge and register were to be appointed by the Governor, until, under an amendment of the Constitution, ratified by the people May 23, 1855, it was provided by law that in 1856, and every fiftii year thereafter, the register should be chosen by the people for a term of five years. In 1856 a Court of Insolvency was also established for each ccmnty, with a judge and register, and in 1858 the offices of judge and register of both the Probate and Insolvency Courts were abolished, and the offices of judge and register of probate and insolvency were establi-hed. It was also provided that the registers of probate and insolvency should be chosen by the people for a term of five years, in that year and every fifth year thereafter. In 1862 the Probate Court was made a Court of Kecord.

During the short life of the Court of Insolvency the judges were Alexander H. Bullock and W. W. Eice, and the register was John J. Piper. The registers of Probate have been John Chandler, Jr., of Worcester; Timothy Paine, of Worcester; Clarke Chandler, of Worcester; Joseph Wheeler, of Worcester; Theiiphilus Wheeler, Charles G. Prentice, .lohn J. Piper (P. e<c In), Charles E. Stevens (P. & In.) and Frederick W. Southwick (P. & In.).

During the existence of the Massachusetts Colony the executive officer of the court was called either " beadle " or " marshal," except under Dudley, wlien he was called " provost marshal," and under Andros, when he was called "sheriff." Since the union of the Plymouth and Massachusetts Colonies, and the establishment of the province of Massachusetts Bay, in 1692, he has been called " sheriff." Under the province charter he was appointed by the Governor, and continued to be after the adoption of the Constitution until 1831. On the 17th of March in that year a law was passed providing that the Governor should appoint and commission sheriffs for terms of five years, and giving him power to remove them from office at pleasure. Under the nineteenth article of amendments of the Constitution, ratified by the people iu 1855, a law was passed in 1856 providing that in that year, and every third year thereafter, a sheriff should be chosen by the people of each county at the annual election.

In the colony of Massachusetts the clerks of the courts were appointed by the courts. Under the Province the clerks of the County Courts and of the Superior Court of Judicature, and afterwards of the Supreme Judicial Court, until 1797, were distinct, and the clerk of the two latter courts had his office in Boston. The courts continued to hold the appointment of clerks until 1811, when it was transferred to the Governor and Council. In 1814 it was given to the Supreme Judicial Court, and so remained until 1856, when it was provided by law that in that year, and every fifth year thereafter, clerks should be chosen by the people in the several counties. The clerks of the courts in Worcester County have been as follows:

Timothy Paine, the second on the list of clerks, was appointed joint clerk with John Chandler, and continued sole clerk after the promotion of Mr. Chandler to the bench.

During the colonial period and up to 1715 clerks of courts were registers of deeds, but on the 26th of July, in that year, it was provided by law "'that in each county some person having a freehold within said county to the value of at least ten pounds should be chosen by the people of the county register of deeds for the term of five years." This practice continued until 1855, having been confirmed and renewed by a law of 1781. In 18.55 it was provided that in that year and every third year thereafter a register of deeds should be chosen for the term of three years. The registers of deeds in Worcester County have been :

On the 6th of June, 1856, an act was passed providingthatthree terms of the Common Pleas Court should be held annually in the town of Fitchburg, and thus that town became a half-shire. On the 29th of February, 1884, it was enacted by the General Court that Worcester County should be divided into two districts for the registry of deeds, one of which, including the city of Fitchburg and the towns of Lunenburg, Leominster, Westminster and Ashburnham, should be called the Northern District and the other, including the remainder of the county, the Worcester District; the placfs of registry for the two districts being Fitchburg and Worcester. It was also provided that the register then in olhce should continue as the register of the Worcester District, and that the Governor should appoint a register for the Northern District> who should serve until a register was chosen and qualified in his place. On the 15lh of June, 1885, it was provided by law that the County Commissioners should cause copies of deeds to be made in one district belonging to' the other not exceeding twenty years prior to August 1, 1884. The register at Fitcliluirg, under the new law, has been and continues to be Charles F. Rockwood.

It was provided by law by the Court of the Massachusetts Colony in 1654, that each county should annually choose a treasurer. After the formation of the province this provision was renewed by an act passed in 1C92, and again renewed the 2.3d of March, 1786, and remained in force until 1855, when it was provided that a treasurer should be chosen in each county in that year, and every third year thereafter, for the term of three years. The treasurers of Wore ster County have been Benjamin Houghton, John Chandler (2d) and John Chandler (3il) from 1731 to 1775; Nathan Perry, from 1775 to 1790 ; Samuel Allen, from 1790 to 1831; Anthony Chase, from 1831 to 1865; Charles A, Chiise, from 1865 to 1876, and Edward A. Brown, from 1876 to date.

The only courts remaining to be mentioned are the Police and District Courts. .The only Police Courtis that in Fitchburg, of which Thornton K. Ware is justice, and David H. Merriam and Charles !S. Hayden are the special justices. The Police Court of Worcester, of which Will. N. Green was justice, no longer exists. There are seven District Courts. The First Northern Worcester Court is held at Athol and Gardner, and has jurisdiction in Athol, Gardner, Petersham, Phillipston, Royalston, Templeton and Hubbardston. Its officers are Charles Field, justice; James A. Stiles and Sidney P. Smith, special justices. The First Southern is held at Southbridge and Webster, and has jurisdiction in Southbridge, Sturbridge, Charlton, Dudley, Oxford and Webster. Its officers are Clark Jillson, justice ; Henry T. Clark and Eli.sha M. Phillips, special justices. The Second Southern Worcester is held at Jilackstone and Uxbridge and has jurisdiction in Blackstonc, Uxbridge, Douglas and Northbridge. Its officers are Arthur A. Putnam, justice; Zadoc A. Taft, and William J. Taft special justices. Tbe Third Southern Worcester is held at Milford, and has jurisdiction in Milford, Mendon and Upton. Its officers are Charles A. Dewey, justice, and James R. Davis and Charles E. Whitney, special justices. The First Eastern Worcester is held at Westborough and Grafton, and has jurisdiction in Westborough, Grafton, Norihborough and Southborough. Its officers are Dexter Newton, justice, and Benjamin

B. Nourse and Luther K. Leiand, special justices. The Second Eastern Worcester is held at Clinton, and has jurisdiction in Clinton, Berlin, Bolton, Harvard, Luncaster and Sterling. Its officers are Christopher

C. Stone, justice, and Herbert Parker, special justice. The Central Worcester is held at Worcester, and has jurisdiction in Worcester, Millbury, Sutton, Auburn, Leicester, Paxton, West Boylston, Boylston, Holden and Shrewsbury. Its officers are Samuel Uiley, justice ; George M. Woodward and HoUis W. Cobb, special justices, and Edward T. Raymond, clerk.

It is not proposed to include in this chapter any allusion to the judges and members of the bar who have illustrated the judicial history of Worcester County. Another chapter will be specially devoted to sketches of their character and lives. Until 1836 the bar was divided into two classes, attorneys and barristers, though after 1806, under a rule of court, counselors, were substituted ibr barristers, and in 1836 the distinction between ci/unaelors and attorneys was abolished. The writer will be excused if he repeats in this place substantially what he has written elsewhere concerning American barristers. ' The term "barrister" is derived from the Latin word barra, signifying " bar," and was applied to those only who were permitted to plead at the bar of the courts. In England, before admission, barristers must have resided three year.s in one of the Inns of Court if a graduate of either Cambridge or Oxford, and five years if not. These Inns of Court were the Inner Temple, the Middle Temple, Lincoln's Inn and Gray's Inn. Before tbe Revolution this rule seems to have so far prevailed here as to require a practice of three years in the Inferior Courts before admission as a barrister. John Adams says in his diary that he became a barrister in 1761, and was directed to provide himself with a gown and bands and a tie-wig, having practiced according to the rules three years in the Inferior Courts. At a later day the term of probation was four years, and at a still later, seven. There are known to have been twentyfive barristers in Massachusetts in 1768 - eleven in SiifTolk County : Richiird Dana, Benjamin Kent, Otis, Jr., Samuel Fitch, William Read, Samue Swift, Benjamin Gridley, Samuel Quincy, Robert

Aiichmntyand Andrew Casneaii, of Boston, and John Adams, of Braintree; five in Essex: Daniel Farnliam and John Lowell, of Newburyport, William Pynchon, of Salem, John Chipnian, of Marblehead, and Nathaniel Peaslee Sargent, of Haverhill ; one in Jliddlcsrx : Jonathan Sewell ; two in Worcester: James Putnam, of Worcester, and Abel Willard, of LaJicaster ; three in Bristol: Saaiuel While, Robert Treat Paine and Daniel Leonard ; two in Plymouth : James Hovey and Pelham Winslow, of Plymouth ; one in Hampshire: John Worthingtoii, of Springfield, then in that county. Fifteen others were added before the Revolution - Sampson Salter Blowers, of Boston, Moses Bliss and Jonathan Blis?, of Springfield, Joseph Hawley, of Northampton, Zrphaniah Leonard, of Taunton, Mark Hopkins, of Great Barrington, Simton Strong, of Amherst, Daidtl Oliver, of Hardwick, Francis Dana, of Cambridge, Daniel Bliss, of Concord, Joshua Upham, of Brookfield, Shearji\shub Bourne, of Barnstable, Samuel Porter, of Salem, Jeremiah D. Rogers, of Littleton, and Oakcs Angier, of Bridgewater. How many barristers were admitted in Worcester County at later dates the writer has been unable to discover, but it is known that in 1803 Levi Lincoln had been added to the roll. The following entry in the records of the Superior Court of Judicature will throw light on the methods which prevailed concerning the .admission of barristers:

Suffolk SS. Superior Court of Jmlic-iture nt Boston, third Tuesday of Febnuiry, 17S1 ; present - Wiiliain Cufibiiip, Xatliiiniel P. Snrgeant. David Sewall and .lames Sullivan, Justices ; and now at tliis term the following rule is nnide by tile court and ordered to bo entered, viz.: wbeleas learning iind liter.ary accolnplislinients are necessary as well to proniole the Iiappiuess as to preserve the freedom of the people, and the learning of the law when duly encouraged and rightly directed, being as well peculiarly subservient to the great and good purpose aforesaid, as promotive of public and privatejnstice ; and the court being atall times ready to bestow peculiar nuirks of approbation nijon the gentlemen of the bar, who, by a close application to the study of the science they profess, by a mode of conduct w hich gives a convictioli of the rectitude of their minds and a faiincss of jiractice that does honor to the profetsion of the law, shall distinguish as men of science, honor and integrity^ Do order that no gentleuuin shall be called to the degree of barrister until he shall merit the same by his conspicuous bearing, ability and honesty; and that the court will, of their own mere motion, call to the bar such persons as shall render themselves worthy as aforesaid ; and that the nuinner of calling to the bar shall be as follows ; The gentleman who shall boa candidate shall stand within the bar; the Chief Justice, or in his abseneo the Senior Justice, shall, in the name of the court, repeat to him the qualifications necessary for a barrister at law ; shall let bim know that it is a conviction in the mind of the court of his being possessed of those qualitications that induces them to confer the honor upon him ; and shall solemnly charge him so to conduct himself as to be of singular service to his country by exerting bis abilities for the defence of ber constitutional fieedom ; and so to demean himself as to do honor to the court and bar.

In the act passed July 3, 1782, establishing the Supreme Judicial Coi'irt, it was provided that the court might and should from time to time make record and establ sh all such rules anil regulations with respect to the adiiiissiim of atturneys ordinarily practicing in said court and the cic.ition of barristers at law. Under the provisions of this act the court adopted the following rule:

Suffolk, SS. At the Supreme Judicial Court at Boston the last Tuesday of August, 1TS3 ; present - William Cnsbitig, Chief Justice, and Nathaniel I*. Sargeant, David Sewall and Increase Summer, Justices ; ordered that harristel-8 be called to the bar by special writ to be ordered by the Court and to be in the following form :

Which writ shall bo fairly engraved on parchment and delivered twenty d:iys before the session of the same Court by the Sheriff of the same County to the person to whom directetl, and being pioduced in Court by the Banister and there read by the clerk and proper certificate thereon made, shall be redelivered and kept as a voucher of his being legally called to ttie bar ; and the Barristers shall take rank according to the date of their respective writs.

Suffolk SS. At the Supreme .ludicial Court nt Boston for the County of SutTolk iind Nantucket, the secolul Tuesday of March, ISDG ; present - Fiancis Dana, chief Justice, Theodore Sedgwick, George Thatcher aiid Isaac Parker, Justices ; oidered : First. No Attorney shalldothe business of a counsellor unless he shall have been made or admitted as such by the Court. Second. All attoriu'ys of this Court who have been admitted three years before the silting of this Court, shall be and hereby are made Counsellois, and are entitled to oil the lights and privileges of such. Third. No Attorney or Ckmnsellor shall hereafter be admitted without a previous examination, etc.

The rule of the Supreme Judicial Court, adopted in 1783, Wiis issued under the provisions of the law of 1782 establishing that court, but the rule adopted by the Superior Court of Judicature in 1781 seems to have been made in obedience to no law, but under the general powers of the court. It is not known at precisely what period barristers were introduced into the Provincial courts, but it is probable that until 1781 the English custom and methods and qualifications were substantially followed without any rule of court.

The earliest sessions of the courts were held in the meeting-house in Worcester, which was built in 1719 on the Common. This meeting-house stood until 17G3. In 1732 it was decided to built a court-house. The land for its site was given by Judge Jennison and it was erected in 1733. The county tax in that year was apportioned as follows:

This court-bouse was situated near the site of the prisent brick court-house near Lincoln Square, and was opened February 8, 1734. It is believed that its dimensions were thirty-six feet by twenty-six. In 1751 a new building was erected, forty feet by thirtysix, on the Court Hill, corner of Greeu and Franklin

Streets, and is now used as a residence. The cornerstone of the brick building, now in use, was laid October 1, 1801, under the direction of a building committee composed of Isaiah Thomas, William Caldwell and Salem Towne. The original building, since enlarged, was fifty and a half feet long and forty-eight and a half feet wide, and was opened September 27, 1803, when Chief Justice Robert Treac Paine, of the Supreme Judicial Court, delivered an address. At the February meeting of the County Commissioners in 1842 it wa^j decided to build another court-house, and the granite structure, now chiefly in use, was erected at a cost of one hundred thousand dollars on the site of the house of Isaiah Thomas, which was removed to the rear and is still standing. This building, which was originally one hundred and eight feet long and tifty-seven wide, was enlarged in 1878. It was opened September 30, 1845, on which occasion an address was delivered by Chief Justice Lemuel Shaw.

With regard to the erection of the first jail ihere seems to be some confusion as to dates. As nearly as can be ascertained, what was called a cage was built before 1732, and in that year the Court of Sessions ordered that, "in lieu of the prison before appointed, the cage, so-called, already built be removed to the chamber of the house of Deacon Daniel Haywood, innholder, and be the jail until the chamber be suitably furnished for a jail and then the chamber be the jail for the county and the cage remain as one of the apartments." The inn of Deacon Haywood stood on the site of the present Bay State House. In 1734, no jail having been built, the Court of Sessions hired a part of the house of Judge Jennison for prisoners; very soon after this time, probably in 1734, a jail was built on the west side of Lincoln Street. In 1753 a new jail was built farther down the same street, thirtyeight feet long and twenty-eight wide. In December, 1784, the Court of Sessions provided for the erection of a stone jail, sixty-four feet by thirty-two and three stories high, on the south side of Lincoln Square, which was completed September 4, 1788. This building was pronounced by Isaiah Thomas, then the editor of the Spy, as in public opinion the most important stone building in the Commonwealth, next to King's Chapel in Boston. It was built of rough quarry stone from Millstone Hill by John Parks, of Groton, who gained a high reputation by his work. In 1819 a house of correction was built, fifty-three feet by twenty-seven, where the present jail stands on Summer Street. In 1832 it was rebuilt with forty cells, each seven feet by three and a half, and with three rooms for close confinement. In 1835 a part of the building was arranged for a jail, and in 1873 it was altered, remodeled and enlarged to its present dimensions. A jail and house of correction were also built in Fitchburg when that town was made a half-shire.

Under the Constitution of Massachusetts, adopted by a convention of the people at Cambridge, Sept. 1, 1779, it was provided that there should be forty districts in the State, created by the General Court for Councilors and Senators, and until the General Court should act in the premises, the several districts, with the number of Councilors and Senators, in each should be as follows: Suffolk county with six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one, and Berkshire, two. On the 24th, 1794, Suffolk was changed to four, Essex to five, Middlesex to four, Hampshire to five, Bristol to two, Plymouth was added to Dukes and Nantucket with three, Bristol was changed to two, Norfolk, which had been incorporated March 26, 1793, received three, and Lincoln was added to Hancock and Washington, which had been incorporated with two. The apportionment was again changed June 23, 1802, when the number for Worcester was changed to four; again February 24, 1814, February 15, 181G, and at various other times, which it is unnecessary to recount. By the thirteenth article of amendment of the Constitution, adopted by the Legislature of 1839-40, it was provided that a census of the legal voters of ihe State, May 1, 1840, should be taken, and that on the basis of the census the Senators should be apportioned among the counties by the Governor and Council, with not less than one Senator in each county. By the twenty-second article of amendment adopted by the Legislature of 1856-57, and ratified by the people May 1, 1857, it was provided that a census should be taken and forty Senatorial districts created by the General Court, and that in 1865 and every tenth year thereafter a census should be taken, and a new apportionment made. From the time of the adoption of the Constitution up to the time of the creation of Senatorial districts the following persons were chosen Senators to represent Worcester County: Moses Gill, of Princeton, Samuel Baker, of Berlin, Joseph Dorr, of Ward, Israel Nichols, pf Leominster, Jonathan Warner, Jr., of Hardwick, Seth Washburn, of Leicester, John Sprague, Abel Wilder, Amos Singleterry, John Fessenden, Joseph Stone, Jonathan Grout, Timothy Bigelow, Salem Towne, Josiah Stearns, Daniel Bigelow, Peter Penneman, Timothy Newell,

Under the new system of Senatorial districts Worcester County was divided into districts by itself, unconnected with other counties until the apportionment made on the basis of the census of 1885, and was represented by Worcester County Senators up to and inclusive of the year 188G. During this period the following gentlemen represented the various districts of the county: J. M. Earle, John G. Metcalf, Oliver

Under the census of 1885 anew apportionment was made, under which the Senators for 1S87 were chosen in 1886. Under this apportionment there were four districts confined to the county and one other, including Athol, Barre, Dana, Gardner, Hardwick, Hubbardston, New Braintree, Oakham, Petersham, Phillipston, Rutland and Templeton in Worcester County, and Amherst, Belchertown, Enfield, Granby, Greenwich, Hadley, Pelham, Prescott, Sjuth Hadley and Warein Hampshire County, and called Worcester and Hampshire District. Lender this apportionment the Senators have been Edwin T. Marble, William T. Forbes, Irving B. Sayles, Harris C. Hartwcll, Charles A. Gleason, Silas M. Wheelock and George P. Ladd.

Second Worcester District. - Berlin, Blackstone, Bolton, Boylston, Clinton, Grafton, Harvard, Hopedale, Mendon,Milford,Northborough,Northbridge, Shrewsbury, Southborough, Upton, Uxbridge and Westborough, with 11,433 legal voters.

Fourth Worcester District. - Fitchburg, Holden, Lancaster, Leominster, Lunenburg, Princeton, Sterling, West Boylston, Westminster and Wards 2 and 3 of Worcester, with 12,099 legal voters.

Worcester and Hampshire District. - Athol, Barre, Dana, Gardner, Hardwick, Hubbardston, New Braintree, Oakham, Petersham, Phillipston, Rutland and Teinpleton in Wurcester County, and Amherst, Belchertown, Enfield, Granby, Greenwich, Hadley, Pelham, Prescott, South Hadley and Ware in Hampshire, with 11,127 legal voters.

This sketch of Worcester County would be incomplete without some allusion to the various organizations which have the county as the field and boundary of their operations. The Worcester County Musical Association had its origin in a musical convention held in Worcester in 1852. Its officers are, Edward L. Davis, president; William Sumner, vice-president; A. C. Munroe, secretary, and J. E. Benchley, treasurer. The Worcester County Musical School, which has been in existence some years, was organized to furnish instruction " in piano, organ, singing, violin, flute, guitar, harmony and elocution," with an efficient corps of instructor.-'. Besides the Worcester Agricultural Society there are in the county five distinct societies - the Worcester West holding its annual exhibitions at Barre ; the Worcester Northwest holding its exhibitions at Athol ; the Worcester Nortli at Fitchburg; the Worcester Southeast at Milfortl, and the South Worcester. The Worcester Horticultural Society was formed in 1840. The Worcester County Homoeopathic Medical Society was organized in 186G, and its present nUicers are : E. A. Murdock, of Spencer president ; E. L. Melius, of Worcester, vice-president; Lamson Allen, of Southbridge, recording secretary and treasurer, and John P. Rand, of Monson, corresponding secretary. The Worcester County Law- Library Association was organized in 1842, and is composed of the members of the county bar.

The Worcester County Mechanics' Association was incorporated in 1842. Its ofhcers are: Robert H. Chamberlain, president; Ellery B. Crane, vice-president, and William A. Smith, clerk and treasurer.

The Worcester County Retail Grocers' Association was organized in 1881, and its officers are: Samuel A. Pratt, presidenc; C. G. Parker, vice-president; E. E. Putnam, secretary, and James Early, treasurer.

The Worcester County Society of Engineers was formed in 188U. Its officers are: A. C. Buttrick, president ; Charles A. Allen, vice-president ; A. .T. Marble, secretary, and E. K. Hill, treasurer.

The Worcester County Stenographers' Association was organized in 1887, and its officers are : Edna L. Taylor, president; F. L. Hutchins, vice-president; George E. Vaughn, secretary, and John F. McDuffie, treasurer.

The Worcester District Medical Society was organized in 1804. Its officers are : George C. Webber, of Millbury, president; J. Marcus Reed, of Worcester, vice-president ; W. C. Stevens, of Worcester, secretary, and S. B. Woodward, of Worcester, treasurer.

Of county religious associations there are five belonging to the Orthodox Congregatioiialist denomination. The Worcester Central Conference includes the Worcester churches and those of Auburn, Berlin, Boylston, Clinton, liolden, Leicester, Oxford, Paxton, Princeton, Rutland, Shrewsbury, Sterling and West Boylston.

The Worcester North includes the churches of Ashburnham, Athol, Gardner, Hubbardston, Petersham, Phillipston, Royalslon, Templeton, Westminster and Wiuchendon, with two churches in Franklin County.

The Worce-ter South includes the churches of Blackstone, Douglas, Grafton, Millbury, Northbridge, Sutton, Upton, Uxbridge, Webster and Westborough.

The Brookfield Conference includes the churches of Barre, Brookfield, Charlton, Dana, Dudley, Hardwick, New Braintree, North Brookfield, Oakham, Suulhbridge, Spencer, Sturbridge, Warren and West Brookfield, with four towns outside the county. The Middlesex Union Conl'ereuce includes the churches of Fitchburg, Harvard, Lancaster, Leominster and Lunenburg, with eleven churches in Middlesex County.

Wachusett, including the churches in Barre, Bolton, Clinton, Fitchburg, Gardner, Harvard, Holden, Leominster, Sterling, Templeton, West Boylston, Westminster aud Winchendon,and the Worcester Association, including the churches of Worcester, Brookfield Grafton, Leicester, Millbury, Northborough, Oxford, Suuthbridge, Sturbridge, Spencer, Uxbridge, Webster and Westborough.

Of the Methodist denomination there are, strictly speaking, no county organizations. The New England Conference, extending from the seaboard to the Connecticut Valley, is divided into four districts, which include most of the Methodist Churches in the county.

Of the Unitarian denomination there is the Worcester Conference of Congregational and other Christian societies, which was organized at Worcester December 12, 18C6. It includes the churches of Athol, Barre, Berlin, Bolton, Brookfield, Clinton, Fitchburg, Grafton, Harvard, Milfbrd, Hubbardston, Lancaster, Leicester, Leominster, Mendon, Northborough, Petersham, Sterling, Sturbridge, Templeton, Upton, Uxbridge, Westborough, Winchendon and Worcester. There is also a Ministers' Association belonging to this denomination.

Of the Episcopal, Universalist and Catholic denominations there are no county organizations, aud sketches of their various churches will be included in the histories of the towns in which they are located.

The Worcester County Bible Society was organized September 7, 1815, under the name of " The Auxiliary Bible Society of the County of Worcester," but has been more lately known as the Bible Society of Worcester.

In closing this sketch a list of the present officers of Worcester County should be added. It is as follows: Judge of Probate and Insolvency, William T. Forbes; Register of Probate and Insolvency, Frederick W. Southwick, of Worcester; Sheiifi', Augustus B. R. Sprague, of Worcester; Clerk of the Courts, Theodore S. Johnson, of Worcester ; Treasurer, Edward O. Brown, of Worcester; Register of Deeds of Worcester District, Harvey B. Wilder, of Worcester ; Register of Deeds of Northern District, Charles F. Rockwood, of Fitchburg.

County Commissioners : George S. Duell, of Brookfield, ternr expires December 1, 1888 ; William O. Brown, of Fitchburg, term expires December 1, 1889; James H. Barker, of Milford, term expires December 1, 1890.

Special Commissioners: Thomas P. Root, of Barre, term expires December 1,1889; Charles J. Bice, of Winchendon, term expires December 1, 1889.

Commissioners of Insolvency : Rufus B. Dodge, Jr., of Charlton; David H. Merriam, of Fitchburg ; Andrew J. Bartholomew, of Southbridge; Daniel B. Hubbard, of Grafton.

The Bench And Bar

and Hamilton Mayo, of Leominster; Cliarles E. Jenks, of Nortli Brookfield; Frank B. Spalter, of Winchendon ; Luther Hill, of Spencer; Horace W. Bu-h, of West Brookfield ; John W. Tyler, of V.'arren, and Henry A. Farwell, of Hubbardstou.