USA > Massachusetts > Norfolk County > Quincy > History of old Braintree and Quincy : with a sketch of Randolph and Holbrook > Part 51
USA > Massachusetts > Norfolk County > Braintree > History of old Braintree and Quincy : with a sketch of Randolph and Holbrook > Part 51
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These few selections from the records, illustrates what we before have said in reference to the irregularity of keeping the town records for several years after it was incorporated.
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they will not build another in convenient time." The next was the laying out a foot-way from the old church :- " There is a foot way to ly from the laine of Goodman Penniman, where it is marked on the paills, and two ladders appointed to be made for a stile, and from thence upon a straight line to the meeting- house, over the old bridge." Mr. John Glover and Humphrey Atherton were appointed by the Court and authorized to lay out the way (which was the old Plymouth road) in difference at Braintree.
" Alexander Winchester, Rich. Right and Samuel Bass, were appointed associates for the Court, and commissioners in the town. The Court also gave orders to imploy Will. Cheesbrough and Richard Right to get a firkin of iron ore for Mr. Edward Alleyn."
This year (1641) they ordered that no wheat bread should be baked for sale, which seriously interfered with the bakers' business, and illustrates the great poverty of the Colony and the self-sacrifices they were obliged to make for the purpose of bringing money into the Colony.
"Forasmuch as it appeareth to this Court, that wheat is like to bee a staple commodity, and that a ship is with all convenient speede to be set forth, and fraited with wheat, for the fetching in of such forraine commodities as wee stand in need of, it is therefore ordered, that after the last day of this present eighth month, no baker, ordinary keeper or other persons, shall bake or sell, or set to sale, any bread or cake made of wheat meale, or wherein any wheat meale shallbee put, upon paine to forfeit double the valewe thereof. And the Cunstables of every town are hereby required to see that this order bee observed, and that they shall make seisure of all such bread so set to sale, and dis- tribute the same to the poor. Mr. Peck, Mr. Parker, Goodman Bate and Stephen Pain are desired to view the way at Braintree and certify the next General Court."
Mr. Winchester was appointed by the Court to grant summons and attachment, for Braintree. "It is ordered that in every town one shallbee appointed to grant summons and attachment in all civil actions; and attachments are to bee granted when the party is a stranger not dwelling amongst us, or for some that
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is going out of our jurisdiction, or that is going about to make away his estate to defraud his creditors, or when persons are doubtful in their estates to the plaintiff, and the same persons to graunt replevy ; and when they graunt any replevy, they are to take band, with sufficient security, (of the party that desireth the replevy) to prosecute the suite. They are to have for a war- rant, two pence a peece; for a replevy or attachment, three pence a peece ; for a band, four pence a peece."
In the year 1641, "Three men coming in a shallop from Brain- tree, the wind taking them short at Castle Island, one of them stepping forward to hand the sail, caused a fowling piece with a French lock, which lay in the boat, to go off. The whole charge went through the thigh of one man within one inch of his belly, yet missed the bone ; then the shot (being goose shot) scattered a little and struck the second man under his right side upon his breast, so as above forty shot entered his body, many into the capacity of his breast. The third man being now only able to steer, but not to get home the boat, it pleased God the wind favored him so as he did fetch the Governor's garden, and there being a small boat and men at that time, they brought them to Boston before they were too far spent with cold and pain, and beyond all expectations, they were both soon perfectly recov- ered, yet he who was shot in the breast fell into a fever and spit blood."
It appears there was no record of the town's business for the years 1642-43, but by the Colonial records we find that Brain- tree's Colonial tax for that year was fourteen pounds, and that the town was to be supplied with one barrel of powder. In 1643, the Court ordered that Samuel Bass, James Penniman and Alexander Winchester shall end small cases in Braintree, under twenty shillings. This year the Colony was divided into four counties, viz. :- Essex, Middlesex, Suffolk and Norfolk. Nor- folk was at that time more appropriately located than now, as it was north of Suffolk, as its name denotes that it should be, and it comprised the following towns, viz. :- " Salsberry, Hampton Haverhill, Excetter, Dover and Strawberry Banck." The pres- ent Norfolk County was not organized until 1793, one hundred and twenty-five years after the first one was established. Mr.
69
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Peter Brackett was appointed clerk of the writs, or town clerk, as was then the custom.
It appears, even at this early date, that some persons were addicted to illegal voting, as the Court passed the following order to restrain our Puritan fathers from this misdemeanor :-
"It is ordered, if any person shall put in more than one paper or bean for the choice of any officer, he shall forfite ten pounds for every offence, and any man that is not free, puting in any vote shall forfite like sum of ten pounds." It was also the cus- tom to use corn for ballots. The Indian corn, if in a majority, denoted the election of the person or persons voted for, and beans his non-election.
1644. The principal record of the town this year, was a vote passed Feb. 11th, to protect their property from fire, by obliging all the property holders to procure ladders and to have them attached to their houses. The town of Braintree, this year, with other towns received her share of Mr. Andrews' gift, of five pounds, or a cow. Mr. Thomas Mekins was chosen one of the Representatives this year, and from some cause or other, was dismissed from the General Court, at the request of the town.1 From what cause Mr. Mekins was discharged from the Court, we are unable to enlighten the reader.
1645. " At a town meeting, there being present Mr. Welde, James Penniman, Martin Sanders, Thomas Mekins, Samuel Bass and Peter Bass, It was ordered that the fourteen acres of Town Marsh shall be improved to the Elders' use-Mr. Thompson and Mr. fllint-to such time as the Townsmen shall see fit, or oth- erwise to dispose of it. It is ordered that Braintree shall be abated out of their next levey, for their deputies' lodgings, ten shillings."
1646. " At a meeting, there being present Samuel Bass, Jas. Penniman, Gregory Belcher, Henry Adams and Samuel Adams, It is ordered that every man that is an inhabitant of the town shall have Liberty to take any timber off the Commons for any use in the town, (provided) so they make not sale of it out of
1. The inhabitants of Braintree drew up a petition, which was signed by its citizens, requesting the General Court to dismiss or discharge Mr. Mekins from the Legislature, which they did.
1
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the Town, and in case any shall make sale of it out of the town, either in boards or bolts; or any other wayes, whole or sawed, they shall pay for every tunne of timber five shillings a tunne to the town."
Mr. Henry Adams, by petition of the town to the General Court, was appointed clerk of the writs, and one of the three men to end small cases in the town, in the place of Mr. Peter Brackett. It was the custom at this period, for the town clerk to be appointed by the Legislature, instead of being chosen by the town, as is now the practice. It has been claimed, and is recorded on the fly leaf of the town records, that Mr. Adams was the first town clerk, but it appears by the General Court records that he did not receive his appointment until six years after the town was incorporated, or in 1646; and that, in the place of Mr. Peter Brackett, who received his official commission as clerk of the town in 1643-4, and it is our belief that Mr. Peter Brackett has prior claim to this office, and was the first town clerk of old Braintree. This error most probably occurred from some one-we think it was Mr. Mills, a former town clerk, in writing up a list of these officers some years after, from memory, as he evidently had done, in making up a list of the earlier mili- tary commanders of the town.
We find no record for the year 1647.
1648. "Mr. fflint made acknowledgement of the sale of the house and lot which was lately John Paffins, and since his death sold unto the said Henry fflint, by William Fenno, by virtue of execution sued out by him in the presence of all the townsmen, the said Henry flint dotlı acknowledge himself fully satisfied by Mr. Doctor John Morley, for the said house, only the said Mr. Doctor doth promise that if he should be called forth of the Town to surrender back again the said house to Mr. flint, at the same rate of seven pounds, which he paid, being allowed at the discretion of indifferent men for such charges as he has been at, in witness hereof, the said Henry flint and Mr. Doctor have hereto set their hand in presence of Samuel Bass, Richard Brackett, Moses Pain, Thomas Blanchard, Mathew Barns, Wm. Allen and Martin Sanders.
HENRY FFLINT,
JOHN MORLEY."
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Mr. William Ting was this year chosen captain of the military company of Braintree, and his commission was confirmed by the Court. For several years no record appears on the book of any importance.
1651. At this time, we find the first case of insanity in the town. "In answer to the petition of John Heydon of Braintree, for relief in respect of his distracted childe, as also some loss lately befalne him, this Court doth order, that the said John Heydon shall have from the County, towards the charges of keeping the childe, five pounds per annum, to be payed out of their own Town levy, and the Town to bear the rest of the charge till the Court se cause to withdraw their benevolence."
1659. This year the town was engaged in their first law-suit, which was a rum case, and decided by the Court against the town; the cost of which failed the town, or at any rate, it em- barrassed them so much that they had to petition the Court for an abatement of their County taxes, so that they might be able to pay the expense of Court, and some other charges of Frizell's freezing.
" In the case of Richard Brackett and Samuel Bass, in behalf of the Town, plaintiff, against John Andrews and Benjamin Phippeny, defendants, in action of the case for giving John Frizell so much licquor as made him drunk, and occasioned his miserable freezing, the Court, on hearing the case and evidence, do find for the defendant."
May 31st, 1660. "In answer to the petition of the townsmen of Braintree, the Court judgeth it meet to allow them ten pounds for the present year out of their County rates in ref- erence to their charge about Frizell."
1660. Much has been written to prove that Goffe, one of the three judges who condemned Charles I, once resided in old Braintree. This we think is not the case, as they arrived in Boston July 27th, 1660, where they resided until discovered by the officers of the home government, and were obliged to flee from Boston for safety. All authority relates that they went to Hadley, Mass .; also, to New Haven, Conn. After searching all recorded evidence, we cannot find the least shadow of proof that they ever domiciled here. Those who desire to become
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more familiar with an account of these regicides, can find a full and able history of them by Dr. Ezra Stiles, president of Yale College, published in 1794. Dr. Ebenezer Brackett, of this town, wlio in 1793, wrote and had published a poem, prefixed by a history of Goffe, Whalley and Dixwell, the regicide judges, makes no mention that they ever resided here.1
1666. A number of the inhabitants of the town, this year petitioned the General Court for a grant of six thousand acres of land. The reason assigned for it was, that the land in Braintree was worn out, and would not afford them a comfortable support. The Court answered their petition by granting them the six thousand acres, but after having received this grant it appears that they did not care much for it, as it was nearly half a centu- ry after, when probably nearly all of the original petitioners were dead, that some of the inhabitants of the town raked up this old matter to ascertain if their old title was good. Finding that it was, they had it located in Worcester County, from which was organized the town of New Braintree, incorporated in 1751, nearly a century after the original grant was made. This year, the great post of the apple orchards made its appearance, which was the canker worm. From an old account book we find that apples and turnips were one shilling a bushel ; the pay for one day's mowing was two shillings and two pence ; a com- mon laborer's pay was two shillings per day, and ten pounds by the year; women received from four to five pounds per year ; board by the week was four shillings. Turnips were an impor- tant article of diet at this time, as they were used as a substitute for potatoes. Potatoes were not cultivated in New England until about 1719.
1670. " There being a meeting called, the inhabitants gener- ally met together, and it was voted and concluded there should be a church rate made to the sum of sixty-six pounds, and dis- posed of as follows, viz :- Fifteen pounds to Mr. Buckley of Con- cord, twenty shillings a man for ministers that had been helpfull to the church, and the remainder should go to Josiah fflint.
1. See Hutchinson's History, Holmes' Annals, Allen's American Biograph- ical Dictionary and Palfrey's History. Also, see an article by Frederick A. Whitney, in Quincy Patriot, Dec., 1869.
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1672. "Voted, to give the Rev. Mr. Fisk £60, as in lieu thereof the use of a house and land. The Selectmen also deter- mined that the ancient way into the Commons over Barnabas Derifield's land shall be at the head of the furnace pond, and so into the way that goes into the mill pond."
1673. Action was taken this year by the town to regulate the holding of their town meetings; before this they had been very irregularly held at their neighbors' houses, where a few would gather together and transact the town business. "It was agreed by the inhabitants of the town of Braintree, that all public meet- ings should be held upon the first second day of March, and the last second day of October annually, and that there should be upon these days a generall Town meeting of the whole inhabi- tants to consult and agree upon all things that may concern the . good of the Town, and for the choice of Town officers."
This year the difference about the old grist mill was settled. This old mill was located on the westerly side of the bridge, at the junction of School and Fort streets. It was this old mill that for a long period of years supplied the inhabitants of the town with their corn or Indian meal for their johnny cakes and hasty puddings. It was to this mill John Adams for a few pen- nies took his favorite teacher's grist to have ground for her daily repast. The second owner of this mill was Major Gibbons, one of Morton's followers and convivial companions at the Mount.1
1. This account of Edward Gibbons is taken from Mr. Palfrey's History of New England, Vol. II, p. 225 :--
" The history of Edward Gibbons was peculiar. He first appears as one of Thomas Morton's unsavory company at Merry Mount. Probably he was a brother of Ambrose Gibbons, and had been previously with him at the mouth of the Piscataqua, (see Palfrey, Vol. I, p. 523, Note 1.) Before long he joined the church in Boston, where he became a freeman at the first court of Elections. -Mass. Rec., Vol. I, p. 366.
" When he left Merry Mount, he had not left off his old habits, for in August, after he became a citizen the Magistrates had occasion to fine him twenty shil- lings, for abusing himself disorderly with drinking too much strong drink, (Ibid 90.) He, however, represented Charlestown as one of the two of every plantation appointed (1632) to confer with the court abont raising of a public stock, (Ibid 95.) His military turn was recognized in 1634 and 1637, by his being promoted to be successively Capt. Underhill's ensign and lieutenant (Ibid 129, 191,) though in the mean time, (March 3d, 1636,) he had be en di charged from service at the castle, (Ibid 165,) perhaps from having incurred suspicion
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Major Gibbons also became quite conspicuous as Commander-in- Chief of the Confederate Colonial forces in the Narragansett wars.
" At a County Court held at Boston, April 30th, 1662, Thomas ffaxon, Sen., Peter Brackett and Moses Paine, in the behalf of the Town of Braintray, Plaintiff, against Thos. Gatliffe of said
of being a partisan of Mrs. Hutchinson, (Ibid 225,) and in 1639 he was sent to train the band at Weymouth, (Ibid 279,) and in 1641 he was appointed to see to the laying of the ordinance in Boston. He was frequently a Deputy to the General Court, and was advanced to the Magistracy in 1650, (Ibid 111, 182.) In 1645, at the time of the capture of the Bristol ship in Boston Harbor, Gibbons as chief military officer of the train band of the town of Boston, was, by the conrt, required and authorized to see the peace to be kept, both in the said town and harbor from all hostile and mutinous attempts or insurrections. (Ibid 38.) (This encounter in Boston Harbor was more like a barbarons buccaneering attack, than a civilized action,) and was instructed, with Sedgwick of Charles- town, not to permit any ships to figlit in the harbor without license from author- ity .- (Winthrop II, 247.) He was undoubtedly a man of abilities and activity. Edward Johnson had a high opinion of his military capacity. Over the regi- ment of Suffolk was Major Edward Gibbons, who hath now the office of a Major-General also. He is a man of a resolute spirit, bold as a lion, being wholly tutored npin New England discipline, very generous and forward to pro- inote all military matters. His forts were well contrived, and batteries strong, and in good repair; his great artillery well mounted and cleanly kept, (Wonder Working Providence, &c., 191.) In his private capacity, Gibbons was a mer- chant, and it is to be feared, not a prudent, perhaps not a scrupulous one. He got involved with La Tour; and by that ill-luck, according to Winthrop, was quite undone. But he was not so undone but that the next year he was send- ing a new ship of about one hundred tons to Virginia for tobacco. (Winthrop 2, 305.)
" There is an extraordinary little passage in Gibbons' life, which asks eluci- dation. In June, 1637, Winthrop (1, 226, 227, &c., ) writes-' About this time came home a small pinnace of thirty tons, which had been forth eight months, and was given for lost. She went to the Bermuda, but by continued tempests was kept from thence, and forced to bear up for tho West India, and being in great distress, arrived at Hispaniola, and not daring to go into any inhabited place there, but to go ashore in obscure places, and lived of turtles and hogs, etc. At last they were forced into a harbor, where lay a French man-of-war with his prize, and had surely made prize of them also, but that the provi- dence of God so disposed, as the captain, one Petfree had lived at Piscataquack, and knew the merchant of our bark, one Mr. Gibbons, whereupon he used them courteously, and for such commodities as she (Gibbons' vessel, ) carried, freighted her with tallow, hides, etc., and sent home with her his prize, which he sold for a small price to be paid in New England. He brought home an aligarto, which he gave the Governor.
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Town, Defendant, in an action of the case of Trespassing upon the Town's right in land that is or hath been flowed by the mill pond by mowing grass and challenging it as his own property, as also Trespassing upon the Town's Common in fencing in a part of it, and upon the Town's highway by his building, fencing and digging holes, according to attachments dated 23, 2, mo., 1662. The plaintiffs withdrew their action. Both Plaintiff and Defendant appearing in Court, produced an agreement between
"Such was the story told to Winthrop on the pinnace's return to Boston, though he does not say from whom he had it. The commander of the craft had not dared, 'to go to any inhabited place, and was in danger of being captured by a French man-of-war, though England was at peace with all the world. He went ashore in obscure places, and lived of turtles and hogs, etc.,-possibly he went to Tortugas (the Turtle Island,) at the west end of Hispaniola, a custom- ary haunt of Buccaneers. The captain of the French man-of-war, one Petfree, had lived at Piscataquack, a fact undiscoverable from the local records. He had there known Mr. Gibbons, and for old acquaintance sake, as well as for such commodities as she (Gibbons' vessel) carried, freighted her with tallow, hides, etc. The Buccaneers are said to have derived their name from their business of killing the multitudinous herds of black cattle on the island for their hides and tallow. The Frenchinan had a prize which he sold for a small price to be paid in New England.
"If the story told to Winthrop looks as if it was framed to cover up a trans- action between a Massachusetts official and a West India Buccaneer, I cannot help it. At the date of the story, Gibbons had not been very long a reformed man. In 1637, the morals of the seas, especially of the West India seas, were lax; the maxims and usages of Drake and Hawkins and their compeers were not yet obsolete.
"Some of the crew had prodigious experiences to relate, which were appro- priate grist for Cotton Mather's mill. He relates (Magnalia, Book VI, Chap. 1, § 3,) that Gibbons' crew having been reduced by hunger to decide by lot who should die for the preservation of the rest, they prayed before doing execution on their doomed comrade, and there leaped a mighty fish into the boat. The same process had to be gone through a second time, they once again fall to their importunate prayers, and behold a second answer from above, a great bird lights and fixes itself upon the mast. Still the suffering recurred; the third lot was drawn, and the devotions were repeated, when a vessel appeared, which proved a French pirate. The commander was one who had formerly received consider- able kindnesses of Major Gibbons, at Boston, and now replied cheerfully, " Major Gibbons, not a hair of you or your company shall perish, if it lies in my power to preserve you;" accordingly he supplied their necessities, and they made a comfortable end of their voyage."
Major Gibbons was once an owner of the old grist mill, which was discontin- ned about the year 1825.
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themselfes which was read and deposed to and desired that it might be recorded, viz :- ' Whereas a parcell of land about twen- ty years since was granted unto Richard Wright by the town of boston for the encouragement and furtherance of a water mill at Brantry, which said mill and pond together with other estates hath been sold by the said Wright unto Major Gibbins, and by him unto Symon Lynde, and by the said Lynde assigned to Thomas Gatleiff, who now dwelleth on and possesseth the same, and whereas sundry differences are arisen concerning the mill pond and flowing thereof, by reason of divers apprehensions how and for what end the said pond was granted, therefore so it is that I, Thomas Gatleiff of Brantry, miller, do hereby own and declare that I do fully apprehend and adjudge that the mill and pond and flowing thereof was at first granted for such an end and purposes that the Town of Brantry might be served and accommodated thereby, and as it hath been hitherto so improved, and at this time is so, I declare and promise by God's assistance that I and my heirs and assigns shall so improve the said pond and no wayes seek to cast down or demolish the same to the frustration of the Town's accommodation, as well as my own particular profit by grinding, and we, Thomas ffaxon, Sen., Peter Brackett and Moses Pain, part of the selectmen of Bran- try, and as chosen and appointed by the Town to end and settle the difference about the said pond, do also hereby in our names and in the name of the Town of Brantry, declare and own that we also do apprehend and judge that the fore men- tioned mill pond was granted as aforesaid for and to such an end and purpose as is above expressed, and do hereby for us and our successors of the Town of Brantry declare and promise that neither we nor they shall or will seek to interscept, hinder, or molest the said Thomas Gatleiff, his heirs or assigns, for or touch- ing the said mill pond or flowing thereof, or in any way seek to demolish the same, but on the contrary gladly cherish and coun- tananee the maintaining and upholding the same, for the ends and purposes aforementioned for which it was granted. In wit- ness whereof the parties aforementioned have subscribed here- unto their hands this 30th of April, 1662. Thomas Gatleiff, Peter Brackett, Thos. ffaxon, Moses Pain, at a County Court,
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