USA > Massachusetts > Essex County > Andover > Andover Massachusetts town meeting records 1709-May 21, 1776 > Part 9
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Voted that no fish be taken in any part of said river brooks other than three days in a week, the days being Tuesday, Wednesday and Thursday only.
The meeting was adjourned to the 16th inst. twelve o'clock, then met. Capt. Asa Foster, Col. James Frye, Philemon Chandler were chosen a committee to examine the accounts of the Selectmen and report to the Town how the money raised the last year hath been disposed of .----
Voted that the highways be mended the same way as in years past and that the sum of 180 pounds be raised for that purpose.
The meeting was then adjourned to the 18th of May at four o'clock after- noon, then met. Capt. John Farnum, Messrs. Binsley Stevens, John Chickering were chosen a committee to see that the fish course at Mr. Oliver Pea- body's Mill Dam on Cochewick Brook be kept clear.
Voted that the sum of 40 pounds be raised to defray the charge of the grammar school and the sum of 25 pounds more to defray the charge of reading and writing schools and the further sum of 115 pounds to defray the other charges of the Town the ensuing year.
The question was put whether the Town would accept of a road laid out by the Selectmen leading from the road that leads by Samuel Quiggins to Tewksbury Line, bounded as in the warrant for this meeting (which see on file) and passed in the negative.
The question being put whether the Town will accept of a road leading from Mr. John Russell's to Mackerel Cover bounded as in the warrant for this meeting. It passed in the negative.
The question being put whether the Town will give William Chandler liberty to fence about 30 rods in length of the road leading from Jonathan Holt's to the Barron Plain (so-called) lying between the said Chandlers and Asa Holt's land from the 3rd of May to the last of September. It passed in the negative. See a road entered in the Book of Roads. The meeting was dis- solved.
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The following warrant was directed to Messrs. William Chandler, John Wilson, John Hubbard III, Joseph Burtt, Constables for the Town of Andover. Greeting,
In His Majesty's name, you are hereby required to warn all the free- holders and other inhabitants in said Town belonging to your district, qual- ified for voting in Town Meetings as the law directs, to meet at the north meetinghouse in said Town on Monday, the 1st day of March next, at nine o'clock in the morning, to act on the following articles,
to choose a Moderator for second meetings,
to receive accounts of the Selectmen how they dispose of the Town's money the year in past
to choose a Town Clerk, Selectmen and other Tom Officers to serve the Town the year ensuing
to see what sum of money the Town will raise to defray the charges of keeping a grammar school the ensuing year
to see if the Tom will raise any sum of money to hire reading and writing schools in the outskirts of the Town the ensuing year
to see what sum the Town will raise for said outskirts
to see what sum of money the Tom will raise to defray the other charges arising in said Town the ensuing year
to see what method the Tom will proceed in to maintain highways the ensuing year
to see what sum of money the Town will raise to mend their highways the year ensuing
to see if swine may go at large of yoked and ringed as the law directs the ensuing year
to see if the Town will choose some suitable persons to clear the fish courses for the fish called "alewives" for the ensuing year
to see if the Town will appoint places where fish called "alewives" may be taken and also prohibit places where they may not be taken and appoint certain days for the taking of said fish
to see if the Tum choose some suitable persons to prosecute those that shall catch any of those fish called "alewives" in any of the fish courses where they may be prohibited the ensuing year
to see if the Town will come to any measure respecting their catching fish by drawing seines in Merrimack River
to see if the Town will vote for a County Treasurer
to see if the Town will accept of a private way laid out two poles wide from the road leading by the house of John Johnson, deceased, by the Widow Ballard's mill so on Boston Road; said road is bounded as followeth: beginning at a stake and stones by Boston Road standing northwardly of the plain gate by Philemon Chandler's land, then westerly on said Chandler's land and land of Barachias Abbot's and land of Asa Abbot's 65 poles to a black oak tree marked standing by Timothy Ballard's land, then northwestwardly on land of said Timothy Ballard 10 poles to a red oak tree marked; then westerly on said Ballard's land 22 poles to a poplar tree marked; then southwesterly on said Ballard's land about 20 poles to a poplar tree marked; then westerly 4 rods to land of Capt. John Abbot, so on westerly by said Capt. Abbot's land 17 poles to a white oak tree marked, then on
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westerly on land of Jeremiah Osgood's 10 poles to an applie tree standing aast of the mill yard, so on westerly 22 poles to a black oak bush by the gravel pit, the northwardly 14 poles running across the river to a stake and stones standing 8 foot east of the gate post; so on northerly on land of Widow Sara Ballard 9 poles to a stake and stones; then westerly on the said Widow Ballard's land 9 poles to a stake and stones; then 19 poles on said Widow's land to a stake and stones, so on northwardly(?) on said Widow Stevens' land 24 poles to the west end of the house of the Widow Sara Ballard, thence northwesterly on said Widow Ballard's land 12 poles and a half to a stake and stones standing by a gap in the stone wall; thence northerly on the said Widow Ballard's land about 43 poles to a post in the fence; thus far the road is laid out on the southwardly side of said bounds, from thence on the northwardly side of the bounds hereafter mentioned; (viz.) (from a white oak bush marked standing 2 poles west of the last mentioned bound; then northwardly on land lately owned by John Johnson, deceased, about 30 poles to a black oak tree marked standing by a stone wall; thence near the same course on Nehemiah Abbot's land 14 poles to a stake and stones standing by the corner of said Abbot's wall; thence westwardly on said Abbot's land 27 poles to a small white oak tree marked; thence northerly 34 poles on said Nehemiah's land to a stake and stones standing at the northeastwardly corner of the said Johnson's land and by the first mentioned road
To see if the Town will accept of a road laid out from the road leading by the house of Obediah Johnson to the road leading by the house formerly owned by Dr. Nehemiah Abbot, said road is bounded as followeth: beginning at a stake and stones standing by the first mentioned road and about 3 rods eastwardly on said Johnson's dwellinghouse, thence running northwardly on land of the said Johnson 79(?) poles to a white oak tree marked; so on northwardly on land of Ebenezer Dow 19 rods to a post at the end of the stone wall, so on northwardly on land of John Johnson, deceased, 25: påles to a stake and stones at the corner of the stone wall; so on northwardly on land of Jeremiah Lovejoy 44 rods to a stake and stones by the corner of the stone wall; so on northwardly on land of Samuel Blanchard 100 rods to a stake and stones in a corner of the stone wall, so on northwardly by land of Gideon Foster 25 vods and an half to a stake and stones standing by the stone wall 2 rods eastwardly from the southwesterly corner of Samuel Blanchard's pasture; so on northwardly on land of Samuel Blanchard 92 rods to a stake and stones standing by the stone wall, about 5 rods eastwardly from the northwesterly corner of the said Blanchard's pasture; so on northwardly partly on land of Ebenezer Lovejoy and partly on land of Samuel Blanchard, 16 poles to a stake and stones standing on said BlanchardFs land 2 rods east from said Lovejoy's fence; thence northwesterly on land of Samuel Blanchard about 9 rods to s stake and stones standing by the road leading by the house lately owned by Dr.
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Nehemiah Abbott, 2 rods eastwardly of said Ebenezer Lovejoy's fields; said road is laid out 2 rods wide throughout and on the westerly side of said bounds.
Hereof fail not and make timely return of this warrant to some one of the Selectmen with your doings on the same; given under our hand and seal at Andover this 7th day of February A.D. 1773 and in the thirteenth year of His Majesty's Reign.
John Farnum )
George Abbot )
Asa Abbot ) Selectmen
Nehemiah Abbot ) of
Benjamin Stevens III) Andover
At a legal meeting of the freeholders and other inhabiatants of the Town of Andover qualified for voting as the law directs at the north meetinghouse on said Town on Monday the 1st day of March 1773 at nine o'clock A.M. (The several Constables before mentioned having duly returned their warrants). Col. James Frye was chosen Moderator-
There were chosen the persons hereafter mentioned to serve in the several offices annexed to their names.
Samuel Phillips, Jr. Town Clerk
(5 Selectmen
(1 Treasurer
(4 Constables
(4 Wardend
(9 Tythingmen
(1 Leather Sealer
(1 Clerk of the Market
(2 Poundkeepers
(38 Surveyors of Highways
(3 Cullers of Lumber
(7 Surveyors of Lumber
(4 Fenceviewers
(1 Deer Reeve
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(11 Field drivers (12 Hog Reeves ( 9 to clear fish courses
Ordered to adjourn to Friday the 5th instant twelve o'clock, then met and
Ordered to raise the sum of 40 pounds to defray the charge of a grammar school the year ensuing.
Question being put whether the Tom will raise any sum of money to hire reading and writing schools in the outskirts of Town the ensuing year passed in the affirmative.
Voted to raise the sum of 25 pounds for that purpose.
Voted to defer the raising of money for the other charges of the Town til May meeting next.
Voted to mend the highways the year ensuing as in years past.
Voted to raise the sum of 240 pounds to mend the highways the ensuing year.
Voted that swine may go at large if yoked and ringed as the law directs the year ensuing.
Voted that all persons being and that they are hereby are prohibited from catching any fish in any of the fish gutters near the mills on Shawsheen River; also in all the parts of Cochewick Brook, except that between the bridge near Dr. Kittredge's swellinghouse and Mr. James Parker's mill dam. Also in that part of Blanchard's Pond Brook between the upper side of Mr. David Abbott's saw mill dam and the Merrimack River; and also in fish gut- ters by the mill on Foster's Brook.
Voted that no fish be taken from any said part of said river and brooks oftener than three days in a week, the days to be Tuesday, Wednesday and Thursday only.
That the person chosen to clear the fish courses should prosecute those who shall violate the law of the Province relating to the fish called "ale- wives", the ensuing year.
Voted-as the opinion of the Town that it will be for the benefit of the fishery in Merrimack River that no seine be suffered to be drawn therein that is longer than one-third of the width of said river, where such seine is put in.
Likewise voted as the opinion of the Town that to prohibit drawings of seines more than four days in a week in Merrimack River would serve the same good purpose.
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5226 (Contd.)
The question being put whether the Town will accept of a private way Zebediah Abbott laid out 2 poles wide from a road leading by the house of John Johnson, deceased by the Widow Ballard's mill so on to Boston Road (see the bounds in the 16th article of the warrant for this meeting). It passed in the negative.
The question being put whether the Tom will accept of a road laid out from the road leading by the house that Mr. Obediah Johnson to the road leading by the house formerly owned by Dr. Nehemiah Abbot (see the bounds in the 17th article). It passed in the negative.
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The meeting was adjourned to May meeting next five o'clock, then met-and- voted to raise 110 pounds to defray the necessary charges of the lom that are not already provided for the ensuing year. The meeting was then dissolved.
The following warrant was directed to Messrs. Nathan Abbot, John Wilson, Peter Carleton and William Dane, Constables for the Tom of Andover- Greetings: You are hereby required in His Majesty's Name forthwith to warn all the freeholders and other inhabitants belonging to your district, that have an estate of freehold in land within this Province or territory of 40 shillings per ann at least, or other estate, to the value of 40 pounds sterl- ing, to meet at the North Meetinghouse of said Tom, on Monday, the 17th day of May instant at two o'clock in the afternoon, then and there to elect and depute a person being a freeholder and resident in the same Town, to serve for and represent them at the Great and General Court or assembly appointed. to be convened, held and kept(?) for His Majesty's service at the Town House in Boston upon Wednesday, the 21st day of this instant, at nine o'clock in the morning; and you are likewise hereby required to warn all the freeholders and other inhabitants belong to your district qualified for voting in Town Meetings as the law directs to meet at the place abovementioned at four o'clock in the afternoon on the abovesaid date to act on the following articles- viz. firstly, to choose a Moderator for the second meeting; secondly, to see if the Town will remit the whole or any part of their fine against such per- sons who shall appear and give reason why said fine ought not to be paid by them who were taken catching "alewives" in Cochewick Brook contrary to the law of the Province made and provided for the same. Thirdly, to see if the low will reconsider their transactions of said Town upon a pamphlet and letter of correspondence from the Town of Boston, or whether they will enter into any new method of answering the same-Fourthly, to see if the Town will allow the Selectmen to give Mr. W lliam Chandler an order for the sum of 5 shillings and 11 pence upon the Town Treasury, it being so much more than is set in his rate list, for him to gather. Hereof fail not to make timely return of this warrant with your doings thereon to one of the Select- men. Given unto our hands in seal at Andover, the 10th day of May A.D.1773 in the 30th year of His Majesty's Reign: (John Farnum
(Łabadiah Abbot ) ) (Asa Abbot )
(Samuel Osgood III 1 Selectmen of
(Benjamin Stevens, III) Andover
At a legal meeting of the freeholders and other inhabitants of Andover qualified for voting as the law directs at the North Meetinghouse in said Town on Monday, the 17th of May, 1773, at 9 o'clock A.M. (The several Constables before mentioned having duly returned their warrants.)
Col. James Frye was chosen Moderator.
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The question being put whether the Town would permit the whole or any part of their fines against certain persons for catching "alewives" in Cochewick Brook, con- trary to the law of the Province made and provided by the same, who are present and desire the remittance of their fines, it passed in the negative.
Voted --- that the Town will express their snetiments relating to the contents of a letter from the Committee of Correspondence in Boston directed to the Town Clerk (which is referred to in the 3rd article of the warrant for this meeting) with a pamphlet enclosed by way of instruction to our representative.
Voted --- that a committee of five be chosen to prepare said instructions and lay them before the Town -- Capt. John Farnum, Mr. Nehemiah Abbot, Capt. Asa Foster, Mr. Samuel Osgood III, and Mr. Joshua Holt, constitute said committee.
The question was put whether the Town will allow the Selectmen to give Mr. Wil- liam Chandler an order for the sum of 5 shillings and 11 pence upon the Town Treasurer, it being so much more than is set in the rate list to be by him gathered. It passed in the affirmative.
Voted to adjourn to the 31st day of May instant at four o'clock P.M.
Then met --- and the committee chosen to prepare instructions at the last meeting reported as follows; viz. 't -- Mr. Moody Bridges, Representative for the Town of Andover.
Sir: We cannot but be possessed with thoughts pregnant with the deepest sorrow, when on every side we behold the most bold invasions made upon our civil rights; re- sentment against the daring invader, and distress of mind for the wound liberty has already received, alternately perplex our anxious hearts; -- that liberty which we cannot view, but it points us to the dangerous method by which it was purchased; --- how many of our distant relatives lead on by an insatiable thirst for liberty, freely exchanged the crimson stream of life for her, and strictly enjoined it upon posterity to esteem them as inseparable companions. And now by adhereing thereto they have produced ferments and contention; -- but should our rulers for that reason be left to do what they please without control? If a man's house is attacked, he has certainly a right to alarm the neighborhood; and if any bad consequences should ensue upon it, is he to be blamed for them? But to whom much (sắc) the causes of this warmth and resentment be imputed (?).
To those who found themselves under an unhappy necessity of standing up consagicusly (sic) in their own defense; order him who reduced them to that disagreeable necessity? Who may most properly be said to enflame the mind of the people, who oppose an un- natural scheme which they justly apprehended to be big with their own destruction; or he who projected and assisted in it til it created tumults that threatened the peace and tranquility of the Province? Therefore, we advise you, Sir, to oppose, not with an indifferent coolness, but with an unremited resentment everything that threatens the peaceful and quiet enjoyment of our liberties: we already see the subject deprived of his essential right to a trail of juries: his house and business to a parcel of liw lived officers under the absolute direction of the Crown and our Civil Magistrate dependent on the same for their support.
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Support; --- Wie have seen a native of this Province invested with power resembling that of a Spanish inquisitor. - to be condemned to dig half- starved and chilled in minds where hope and daylight never visit the poor wretches, could not a true Englishman with more resentment and detestation than this newly invented and alarming tribunal in a sister Province. --- for all that is dear in nature defend us, and not only us but our domestics that are possessed with the least degree of feeling, from such an inquisition. To you we present our tender offering-upon you there, as well as our own happiness or misery depend in part, for which you will in future ages receive their unbounded gratitude, or most bitter and exasperated implications.
We further enjoyn you to return our sincere thanks to the Town of Bos- ton for their unwearied exhaustions in the case of liberty; inform them that although we did not answer their letter formally, yet we received it thankfully, perused it, and united sentiment with it.
The question being put whether the above report be accepted. It passed in the affirmative .---
The meeting then dissolves.
The following warrant was directed to Messrs. Nathan Abbot, John Wilson, Peter Carleton and William Dane, Constables of the Town of Andover. Greeting: In His Majesty's name, you are hereby required to warn all the ratable inhabitants of the Town belonging to his district to assemble or meet at the North Meetinghouse in said Town on Tuesday, the 7th day of Sept- ember next at two o'clock in the afternoon to give in a true and perfect list of their polls and ratable estates and income by trade or faculty, and gain by money and interest as they may be possessed of, the 1st day of September next, and polls ratable at the same time.
And you will likewise required by the authority of the aforesaid to warn all the freeholders and other inhabitants belonging to your district qualified for voting as the law directs to meet at the place abovesaid at 4 o'clock in the afternoon on said day to act on the following articles.
To choose a Moderator for said meeting
To see if the Town will allow the Selectmen to give Capt. Isaac Osgood an order on the Town Treasurer to satisfy him for his service informally preparing the bridge near Widow Ballard's mill, and in helping to build a new one in said place the year past; if the last-mentioned article passed in the negative, then To see what method the Town will proceed in respecting the same.
To see what method the Town will take to remove the incumberance on the road that leads from Holbrook's to Mallone's Ferry.
To see if the Town will choose some person or persons as an agent or com- mittee to appear in behalf of said low respecting the road laid out by the Courts Committee by the Widow Ballard to Boston Road, and also on account of the road petitioned for from Mr. Obediah Johnson's, across Frye's farm, so- called, to the house of Samuel Blanchard's.
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September 7, 1773
The question being put whether the Town will allow the Selectmen to give Capt. Isaac Osgood an order on the Town Treasurer to satisfy him for service informally repairing the bridge near the Widow Ballard's mill and helping to build a new one, in said place the year past? It passed in the negative.
Upon motion made --- voted -- to choose a committee to inquire into the charge brought by Capt. Isaac Osgood for repairing the old bridge and building a new one near the Widow Ballard's mill .- That they examine how far it is just, and consult upon the best method wherein it may be answered.
Voted -- that the Selectmen be a committee for the purpose aforemen- tioned.
Voted -- to choose a committee to procure the removal of the incumberance on the road that leads from Old Brook to Mallone's Ferry.
Voted -- that the Selectmen form said committee.
Voted ---- Adjournment to Monday, the 20th instant, at four o'clock, then met and
Voted ---- that Capt. Nathan Foster appear at Court as Agent in behalf of the Town against the road laid out by the Court Committee by the Widow Bal- lard's to Boston Road, and also against the petitions signed by Capt. Isaac Osgood and others for a road from Mr. Obediah Johnson's across Frye's Farm to the house of Mr. Samuel Blanchard.
Voted ---- to adjourn to the first Monday of March next at five o'clock P.M. then met. And -----
Voted --- to refer the settlement of Capt. Isaac Osgood's account against the Town for repairing the old bridge near Widow Ballard's mill and helping to build the new one to the Selectmen entirely --- the meeting was then dis- solved.
WARRANT FOR MEETING DECEMBER 20TH, 1773
to choose a Moderator for second meeting.
to see if the Town will accept to the new bounding out of a private way that was laid out and accepted in the year 1731/2, it began at the road
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Road which leads to Billerica to overland formerly Deacon Nehemiah Abbott and others to Boston Road, but the bound of said way from length of time since, are in a great measure lost, and the width of the same way was never ascertained by the Records. The new bound- ing out of said way is as follows, viz: beginning at the above men- tioned Billerica Road at a Stake and stone on the westward side, and the corner of the Wall on the eastwardly side, then southeasterly be- teen poles to a Pine Tree on the Westwardly side marked, and a Pine Tree on the Eastwardly side marked, then Southerly 2 pole to a Walnut on the Westwardly side marked and a White Oak on the Eastwardly side
marked. Still on Southerly eight poles to a White Oak on the West- wardly side marked, and a White Oak on the Eastwardly side marked. Still Southerly thirty and 2 poles to the corner of Nehemiah Abbotts Wall on the Westerly side and a heap of stones on the Easterly side. Still on Southerly eighteen and 2 poles to a White Oak bush marked on the Westerly side and a heap of stones on the Eastwardly side; thence southeastwardly twenty five poles to a White Oak Stump on the westerly side, and a heap of stones on the easterly sido; then east- wardlt sixteen and 2 poles to a stake and stones on the southwardly side and a heap of stones on the northwardly side; then southerly seven poles to the southwest corner of the widow Ballard's house, and a heap of stones on the westerly side. Still on southerly twenty five poles to a heap of stones on the westwardly side and a heap of stones on the eastwardly side. Still southwardly eight polos to a heap of stones on the westwardly side and a heap on the eastwardly side, "then southeastwardly twelve poles to a heap of stones on the westwardly side and a heap of stones on the eastwardly side, thence eastwardly ten poles to a large stone on the southwardly side and a heap of stones on the northerlysside. Then southeasterly eight poles to a large stone on the southwesterly side by the River and a heap of stones on the eastwardly side over the bridge, twelve poles to a heap of stones on the northwardlt side and a heap of stones on the southwardly side; thence eastwardly thirty six poles to a Red Oak marked on the northwardly side and a heap of stones on the southwardly side; still on eastwardly fifteen and 2 poles to a Black Oak Tree on the north- wardly side marked and a Black Oak on the southwardly side marked; thence northeastwardly twenty two poles to above tree marked on the northwardly side and a heap of stones on the southerly side; then eastwardly twenty-two poles to a Black Oak bush on the northwardly side marked, and take and stones on the southwardly side, thence southeastorly eight pdles to a Black Oak tree marked, on the easterly side of a Black Oak bush on the westerly side; thence easterly twenty three Poles to a stake and stones on the southwardly side and the fence on the northwardly side; still eastwardly forty two poles to a stake and stones on the southerly side and the corner of the Wall by Boston Road on the northwardly side, which boundarys leave said way two poles in width.
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