History of Middlesex County, Massachusetts - citizen hylbom blog

556 HISTORY OF MIDDLESEX COUNTY.
corded before tlie end of November, otherwise to be void.
Every marriage, birth, or death was also registered, lirst in
the town, and at the end of tlie year tlie record was to be
taken by the town-clerk, or clerk of the writs, as he was
then called, to the county register. Neglect was punisha-
ble by a line of twenty shillings for each offence.
By the province charter power to appoint all officers of
courts of justice was conferred upon the governor, subject
to the consent of the council. The first General Court
held under it assembled in June, 1692, when an act passed
declaring those laws of Massachusetts and Plymouth colo-
nies, not repugnant to the laws of Eiigland, to be con-
tinued in force until November. All justices of the peace
had the same powers given to them as magistrates formerly
had. Under this law justices of the peace sat with the
regular judges in Middlesex County.
Charlestown continued to be oue of the places for holding
courts until 1775. Regular terms were held at Con-
cord from 1692 till 1867 ; and at Grotou from 1778 to
1796. Lowell became one of the regular seats of justice
in 1837. The first county court-house in Cambridge was
burned in 1071, with a volume of the court records from
1663 to 1671. In 1816 the county buildings which had
stood in Harvard Square were abandoned for the present
location at East Cambridge.
Following is a list of judges for Middlesex under the
new or province charter : —
Court of Common PleciK.
John Phillips, December 7, 1692, to 1715.
James Russell, December 7, 1692, to 1709.
Joseph Lynde, December 7, 1692, to 1719.
Samuel Hayman, December 7, 1692, to 1702.
Jonathan Tyng, July, 1702, to 1719.
Francis Foxcroft, June, 1709, to 1719.
Jonathan Remington, December, 1715, to 1733.
Jonathan Dowse, June, 1719, to 17il.
Charles Chambers, June, 1719, to 1739.
Francis Fidhani, June, 1719, to 1755.
Thomas Greaves, 1733 to 1738, and from 1739 to 1747.
Francis Fo.Kcroft, March, 1737, to 1764.
Samuel Danforth, July, 1741, to Revolution.
Chambers Russell, August, 1747, to 1752.
Andrew Boardman, April, 1752, to 1709.
William Lawrence, June, 1755, to 1763.
John Tyng, September, 1763, to Revolution.
Richard Foster, March,' 1764, to 1771.
Joseph Lee, May, 1769, to Revolution.
James Russell, Mav, 1771, to Revolution.
The Middlesex Convention, held in August, 1774, passed
a resolve to the ell'cct that no obedience ought to be paid |
to processes issuing from the Courts of Sessions or of Com-
mon Pleas, and declared two of the justices of the Court I
of Common Pleas — Danforth and Lee — incapable of
holding any office whatever. These two judges were soon i
compelled to resign,' and the funcliims of the court virtu-
ally ceased until November 2, 1775, when the council ap-
pointed John Tyng, Henry Gardner, and Sanuiel Phillips
Savage justices, and Uavid Cheevcr special justice of tin;
Coiirt of Common Pleas. Abraham Fuller was appointed
March I, 1779.
' .Sie Vul. 1. 1,. 108.
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A reorganization of the judicial system closely followed
the adoption of the state constitution, but many changes
took place both in the construction and jurisdiction of the
inferior courts before the present efficient organization was
reached. Upon assuming office. Governor Hancock, by
proclamation, directed all officers, civil and military, to
continue in the exercise of their functions until otherwise
ordered. An act establishing County Courts of Common
Pleas passed July 3, 17S3. It provided for four justices,
who should be inhabitants of the county, three to constitute
a quorum. The justices of the old Court of Comujou
Pleas were then :
—
John Tyng, reappointed March 27, 1781.
Henry Gardner, reappointed March 27, 1781.
Samuel Phillips Savage, reappointed March 27, 1781.
Abraham Fuller, reappointed March 27, 1781.
The following appointnienis were made from time to
time :
—
James Prescott, of Groton, December 21, 1782; appointed
chief justice June 3, 1805.
Nathaniel Gorham, of Charlestown, July 1, 1785.
Special Justices. '
Josiah Stone, of Framingham, 1780.
Ebenezer Bridge, of Chelmsl'urd, June 28, 1785.
John Pitts, of Dunstable, July 1, 1785.
Eleazer Brooks, of Lincoln, March 13, 1786.
James Winthrop, of Cambridge, October 14, 1789.
William Hull, of Newton, May 14, 1792.
Ephraim Wood, of Concord, March 12, 1795.
Joseph B. Varuum, of Dracut, March 13, 1795.
Loaiumi Baldwin, of Woburn, March 14, 1795.
Abiel Haywood, of Concord, February 25, 1801.
Benjamin Gorham, of Charlestown, February 20, 1810.
Asahel Stearns, of Chelmsford, May 18, 1810.
Joseph Locke, of Billerica, May 18, 1810.
In 1811 the old Courts of Common Pleas were abol-
ished, and the Circuit Court of Counnon Pleas established,
Suffolk, Middlesex, and Essex counties constituting the
Middle Circuit. The judges were —
:
Samuel Dana, Chief Justice.
William Wetmore, First Associate.
Stephen Miuot, Second Associate.
Court of General Sessions of the Peace.
A court with this title was constituted as early as 1692.
Jidy 3, 1782, an act passed constituting a Court of General
Sessions of the Peace, to consist of the justices of the county
and to have jurisdiction in cases cognizable by justices of
the peace at conunon law, or under acts of the legislature.
June 19. IMi?. an .uldilional act reorganized the court
by the .i|i|iMiiiliiiint ilor Middlesex county) of one chief
and six a>sii(iaii- jnsiioi-s, who were to hold the courts formerly
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