Records of the town of Braintree, 1640-1793 , Part 19

Author: Braintree (Mass.); Bates, Samuel A.
Publication date: 1886
Publisher: D.H. Huxford, printer
Number of Pages: 958


USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 19


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Surveyors of Timber Clapboards &c To that of Surveyors of Timber, Clapboards and Shingles were chosen Ebenezer Field, Isaac Newcomb and Samuel Belcher.


Sealer of Leather & Surveyor of Hemp. To that of Sealer of Leather was chosen Stephen Cleverly.


To that of Surveyor of Hemp & flax were chosen Ensign John Adams. Then the moderator by consent of the meeting adjourn- ed to Tuesday the eleventh of this Instant March at nine in the morning.


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BRAINTREE RECORDS, 1734-5.


March 11th. 1734/5


Constable Benjamin Hayden paid Zechariah Thayer chosen & refused and paid. The Free-holder & other Inhabitants met by adjournment & Benjamin Hayden appeared and declared his refu- sal to serve as a Constable, and gave to the Treasurer an obliga- tion for the payment of five Pounds, ye Penalty &c The meeting then proceeded to bring in their votes for another Constable which being brought in & Collected, it appeared that Zachariah Thay- er was chosen, but he declaring his refusal & giving an obligation for five Pounds, [20] they went upon the choice of another, and the votes being brought in and Collected it appeared that Thomas Hollbrook was chosen


County Treas". voted for The meeting then went upon the choice of a County Treasurer, and the votes being brought in were sealed up in order to be sent to the Sessions &c.


Petition to be prefer'd to the General Court for land &c. Com- mittee Then voted, that a Petition be prefer'd to the General Court to Grant to the Town something as a consideration & in lieu of the four thousand acres of land taken from us, & added to the Town of Milton, and likewise to Grant us something Gratis for our having kept a Free Latin-school for about ninety years. Then voted that some suitable Persons be chosen to mannage that affair in the be- half of the Town. Then also voted that Edmund Quincy Esq. & John Quincy Esq. and Benjamin Webb, be agents for the Town to Prosecute the Petition aforesaid, to effect.


Selectmen a Committee to join with Dorchester &c Voted, That the Selectmen or the major part of them shall be a Committee in ye behalf of the Town to join with Dorchester, and such other Towns in the County as desire a County separate from Boston, To Petition the General Court for the obtainment thereof.


No money to prosecute such as carry off stones & wood A vote was then asked whether there should be a sum of money raised to defrey the charges of Prosecuting in the Law such as carry off the Stones & wood from the Town's Comon, and It passed in the neg- ative


The Highways not to be mended by rate The moderator then desired of the meeting to shew their minds about mending the Highways by a Rate, and voting, the vote was thought by some not to be clear, after wh it was decided by the Poll in the negative


The Southermost Precinct to draw money for Schools &c Then voted, that the Southermost Precinct shall have liberty to draw out of the Treasury the money that was voted to them May 21, 1733, to be Improved for the use of the School in that Precinct


Way not accepted. A vote was then asked whether the way laid out from the South meeting-house House to ye house where David Sloan lately Dwelt, that was accepted at the meeting on May 21, 1733, shall be confirmed as a Town way. It passed in the negative.


Bulls, Boars, Birds & Squirrels Then Voted that such Persons as shall keep good sufficient Bulls, or Boars for the Town's use shall be paid according to the last allowance for the like number,


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BRAINTREE RECORDS, 1735.


& in like maner, and likewise that such as shall kill any black birds or squirrels shall be allowed as heretofore.


The matter of the Pound left to be determined at the next Town meeting.


Treasurer & Clerks allowance Then voted that Benjamin Webb shall be allowed & paid out of the Town's Treasury Eight Pounds for his services as Town Clerk & Treasurer the year past.


May 19th. 1735. Representative


Pursuant to the Precept for the choice of a Representative, The Free-holders and other Inhabitants of the Town duly Qualified and having been Legally warned) assembled, and the meeting being opened, they proceeded to the choice of a Representative, and the votes being brought in and Collected it appeared that John Quincy Esq ; was chosen, by a majority of the voters present.


Moderator On the day abovesaid, the Free-holders and other Inhabitants of the Town Qualified to vote in Town affairs, assem- bled to Transact some other affairs of the Town, the particulars whereof as they are inserted in the warrant for calling the meeting are as followeth, vizt. First, To chuse a moderator. Secondly, to order the Raising or assessing money to defrey Town Charges. Thirdly, To consider and determine whether it be necessary to build a New Pound or Pounds & where to set 'em. Fourthly To see if the Town will do anything for the obtaining a passage for the Fish, at the Iron works Dam. Fifthly - Whether they will allow the Southermost Precinct there Proportion of the money paid for Schools, for maintaining one in that Pricinct. Sixthly, whether they will allow L' Joseph Crossbey and Mr. Moses Belcher, any- thing for fence against M' Read's meadow, adjoining to that part of the Town Land in their Improvement. Lastly, To hear a Re- quest of Mr. Benjamin Neal relating to away leading into the Town's Common, as may be seen more at large in the warrant on file, and the meeting being opened they proceeded and Chose John Quincy Esq. moderator.


Town tax £190 -Then voted, that one Hundred & ninety Pound shall be assessed on the Town for the defreying the necessary charges thereof this present year.


[21] Old Pound to be repaired A, New Pound in the Middle Precinct Then voted, that the old Pound shall be repaired in the place where it is, at the charge of the Town, and that the Select- men shall have the ordering of it. also that there be a new Pound erected in the middle Precinct, of Thirty feet Square in some con- venient place, of good Posts and Rails, (if the land may be pro- cured without Charge to the Town.) The Selectmen to have the ordering of it, and to be built at the Town's Cost.


Vote about Fish Committee Whereas of late there hath been endeavours for the settling a controversie betwixt Mr Thomas Vin- ton and the Town Respecting the obstruction of the Fish, at the Iron works-Dam on monaticut River, and nothing as yet effected, and there being frequent Complaints by the Inhabitants of the Town respecting that affair, Voted, That there be a Committee


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BRAINTREE RECORDS, 1735-6.


chosen to take ye premises into their consideration, and to take the most effectual method to ssue that controversie in the Law (if need be) taking advice therein, as they may have occasion. Then voted, that Mr. Benjamin Ludden, Lt. John Hunt & Mr. John Holl- brook (or a major part of them) be a Committee to manage the affair aforesaid


South Precinct to draw money for schools Voted, That the South Precinct shall draw out of the Treasury their proportion of the money paid for the Schools, to maintain one in that Precinct.


Mr. Crossbey & Mr. Belcher allowed Voted, That Lt. Joseph Crossbey & Moses Belcher shall be allowed for their Fence (on the Town land in their Improvement) against Mr. Read's meadow, when they shall lay the charge before the Town


Mr. Benjamin Neal not appearing, and his request not being sent in writing that matter drop'd.


A Constable accepted in Mr. Hollbrook's stead Mr. Thomas Hollbrook who was chosen a Constable at the meeting by adjourn- ment March 11th. having agreed with Mr. Samuel Arnold to serve for him & presenting him to the Town for acceptance, Voted, that Samuel Arnold be accepted to serve this year as Constable, in the room of Thomas Hollbrook.


September 3ª. 1735.


The Free-holders and other Inhabitants of the Town duly Quali- fied (and having had Legal warning) assembled to Transact the following affairs, as they are Inserted in the warrants for calling the meeting vizt. 1st. To chuse a moderator. 2ly. To order the raising or assessing money in addition to what has been already Granted (if it be thought needful) for defreying the necessary charges of the Town this present year. 3ª. To declare their minds respecting a New County &c, more fully expressed in the warrant on file.


Moderator. And being so assembled they proceeded & chose Capt Samuel Baxter Moderator.


£40 - Voted to be added &c Then voted, That Forty Pounds shall be assessed on the Inhabitants of the Town in addition to what has been heretofore Granted, For defreying the necessary Charges, of the Town this present year.


The affair of a New County considered The affair of a New County was next considered, and the Question being put (to the meeting) by the moderator, whether they continue their desire of a County Separate from Boston (as heretofore they had manifested) and that their desire be Sigified to the General Court at their next session by our Representative


It passed in the affirmative


The Anniversary Town Meeting for the choice of Town-officers for the year 1736, on March 1st. 1735/6.


1736. March 1st 1735/6.


Moderator. The Free-holders & Qualified Inhabitants of the Town of Braintree having had Legal warning, assembled for the


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BRAINTREE RECORDS, 1735-6.


choice of Town-officers and Transacting other affairs of [22] the Town, the particulars whereof are inserted in the warrants for call- ing the said meeting as followeth. First To chuse a moderator 21y. To chuse all Town-officers required by Law to be annually chosen. 3ly To consider and determine, whether the Highways and Town- ways within the said Town of Braintree (or either of them) shall be mended or repaired by a Rate. 41y Whether the Town-Meet- ings shall be for the future in the old-meeting-house ; or that dis- posed of, and a House built for that use by the Town, in some convenient place Lastly, Whether they will allow anything to such as shall keep Bulls & Boars for the Town's use. And being so assembled they proceeded to chuse a moderator, and Lt. Joseph Crossbey being nominated was chosen by a major vote.


Town Clerk. Next they proceeded to the choice of a Town Clerk and Benjamin Webb being nominated was chosen by a major vote.


Selectmen. They then proceeded to the choice of Selectmen, and the votes being brought in & Collected, it appeared that Lt Joseph Crossbey M' Richard Thayer, Deacon Samuel White, Dea- con Thomas Wales, & M' John Hollbrook were chosen, to the office of Selectmen.


Constables Next they proceeded to the choice of Constables, and the votes being brought in & examined, it appeared that Samuel Curtis, Thomas French, and Christopher Dyer were chosen, but Samuel Curtis & Thomas French declaring their refusal, they proceeded to the choice of Two, and the votes being brought in & examined, it appeared that Samuel Ruggles, & David Hollbrook were chosen both of which were absent, and their acceptance or refusal could not be known.


Treasurer. Next, they proceeded to chuse a Town Treasurer, and Benjamin Webb, being nominated was chosen by vote of hand.


The meeting then proceed to the choice of other Town-officers and the Persons named as follows, were chosen to their respective offices (being first nominated) by vote of hand, vizt.


Surveyors of Highways To the office of Surveyors of High- ways, were chosen John George Stephen Cleverly, Joseph Neal, secundus, Jonathan Wild, Shadrack Thayer, Benjamin Hayden, Dec. Samuel Bass, & Isaac Dogget.


Tithing men. To the office of Tithing men were chosen, Joseph Owen, Samuel Hayward, Benjamin Copeland, Ebenezer Hayden, and Joseph Wales.


Fence-viewers. To that of Fence-viewers were chosen, John Hayns, Seth Bass, Gideon Thayer, Seth Copeland, Ebenezer Copeland, William Linfield


Hogreves. To that of Hogreves were chosen, James Hollis, Ebenezer Field, Samuel Belcher, John Ludden & Nathan Niles.


Surveyors of Timber &c To that of Surveyors of Timber, Clapboards, and Shingles were chosen, Samuel Belcher, & Capt. Wm Hunt.


Sealer of Leather To that of Sealer of Leather John Beal.


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BRAINTREE RECORDS, 1735-6.


Surveyor of flax. and to that of Surveyor of Hemp & Flax, Ensign John Adams.


Highways Next the meeting proceeded to consider the affairs of the Highways &c and after some debate thereon & night com- ing on, they left that matter, with the other things inserted in the warrant to be determined at the next meeting, and the moderator dismissed the meeting.


David Holbrook refused & paid March 9th. David Holbrook who was chosen a Constable on March 1st Instant declared his re- fusal to the Town Clerk, and gave an obligation to the Treasurer, for five Pounds, to be paid on demand


March 17th. 1735/6.


Moderator. The Free-holders and other Inhabitants of the Town duly qualified & having had Legal warning assembled to Transact Sundry affairs of of the Town, the particu- lars whereof, as they are inserted in the warrant for calling ye said meeting, being as follows, vizt., First, to chuse a moderator. Secondly, to chuse one or more Constable or Constables to serve in the room of those, who being chosen at a Town-meeting on March the First Instant, have refused to serve. Thirdly, To con- sider & determine whether the Highways & Town-ways in said Town (or either of 'em) shall be mended or repaired by a Rate &c. Fourthly whether [23] the Town meetings for the future shall be in the old meeting-house, being repaired, or that the said House be disposed of, and a House built for that use by the Town in some convenient place. Lastly, whether they will allow any- thing for Bulls & Boars as heretofore. And being so assembled proceeded to chuse a moderator, and Capt William Hunt, being first nominated, was by a vote of Hand chosen moderator for that meeting.


Samuel Ruggles paid £5 -Constables Moses Pain paid Five Pounds Joseph Neal, paid £5-Peter Adams paid £5-Ebr. Field Conste. They then proceeded to chuse Constables, and Samuel Ruggles and David Hollbrook, having declared their refusal, votes for Two Constables were called for, which being brought in & Col- lected, it appeared that Moses Pain Jun and George Chessman were chosen, but Moses Pain immediately declared his refusal and paid the penalty, being Five Pounds. The meeting then proceed- ed to the choice of one Constable, and the votes being brought in and examined, it appeared Joseph Neal Tertius was chosen. But he forthwith declared his refusal & paid the penalty vizt. Five Pounds, next they proceeded to vote for a Constable, and the votes being brought in, it appeared th' Peter Adams Jun. was chosen, but he declaring his refusal, they proceeded and chose Ebenezer Field who, declared his acceptance.


Ways mending Next the meeting proceeded to consider the affair of mending ways, and the Question being put, Whether they should be mended by a Rate, and it passed in the negative.


Town meetings where &c Then Voted, that the Town-meetings


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BRAINTREE RECORDS, 1736.


for the future shall be lialf in the old meeting-house in the North Precinct, and the other half in ye middle Precinct.


No Bulls nor Boars The Question was then put, whether they would allow as hereto-fore for keeping Bulls & Boars, and it passed in the negative


Then also John Spear was chosen Hogg-reve to serve in stead of Ebenezer Field.


March 22ª. 1735/6.


George Chessman paid £5 - George Chessman Declared his re- fusal to Serve as a Constable to which office he was chosen the 17th of this Instant, and paid the penalty being five Pounds.


Samuel Curtis paid £5-& Thomas French. Samuel Curtiss gave his note to the Treasury for five Pounds, for his refusal to serve as a Constable, to which he was chosen March ye First


Thomas French, also gave his note for five Pounds on demand.


1736. March 10th.


Representative Pursuant to the Precept for the choice of Rep- resentative, The Free-holders and other qualified Inhabitants of the Town (having had Legal warning) assembled, and the meet- ing being opened, they proceeded to the choice of a Representa- tive ; and the votes being brought in & examined, it appeared that John Quincy Esq. was Chosen by a majority of the voters present.


Warrant. On the Same day The Free-holders and other qualified Inhabitants of the Town assembled to Transact Some other affairs of the Town, The particulars whereof as they are inserted in the warrant, being as followeth, vizt. First, To chuse a moderator 2ly. To order the raising of money to defrey Town Charges. 31y. To chuse a Constable or Constables. 41y, To Determine whether anything should be paid for killing Black-birds & Squirrels. 51y. To consider and determine on some effectual means of giving the Fish free passage up the River at the Iron works &c. and, lastly Whether they will allow of a Building lately erected on the Town's Comon &c. all more largely expressed in the warrants.


Moderator .. And being so assembled, They proceeded and chose John Quincy Esq. moderator.


Town Tax, £120 -Then Voted, That one Hundred and Twenty Pounds be assessed on the Town for the defreying the necessary Charges of the Town, this present year.


Committee to adjust accts. with the Treasurer Voted also, That John Quincy Esq. Deac". Peter Adams & Mr. Richard Faxon be a Committee to adjust accompts with the Town Treasurer, and make Report at their next meeting.


Ebenezer Hayden chose Constable, but refused & paid They then proceeded to Chuse a Constable, and the votes being brought in and examined, it appeared that Ebenezer Hayden was chosen, but he declared his Refusal, and gave an obligation to the Treas- ury for five [24] Pounds ; the penalty &c.


Tithingman. And Whereas Ebenezer Hayden was chosen Tithingman in March last but had not taken the oath, upon his


193


BRAINTREE RECORDS, 1736.


Request the Town voted his Dismission and chose James Penni- man a Tithing-man to serve in his room.


Constable. They again proceeded to the Choice of a Constable, and the votes being brought in & examined, it appeared that Samuel Wild, was chosen, who was accordingly sworn to the faith- ful discharge of the office.


Black birds Then Voted, That whosoever of this Town shall kill any old Black-birds within the Town, before the last day of June next, and bring the heads to the Selectmen of the Town, shall be paid out of the Town Treasury Three pence a head for all so killed and brought.


Squirrels Voted, that whosoever of this Town, shall kill any Sort of Squirrels in the Town at any time within the present year, from this time and bring the heads as abovesaid, shall be paid three pence a head, out of the Treasury &c.


Concerning the Fish. The affair of the passage for Fish, was considered, and after considerable Debate thereon, The Question was put by the moderator, whether the Town will appoint a Com- mittee to Treat with Mr. Thomas Vinton to know upon what terms he will quit his claim to the River at the Iron works ; the sd. Committee to make their Report at the next meeting, It passed in the affirmative. Then Voted, That Lt. Joseph Crossbey, Mr. John Hollbrook and Mr. Moses Belcher be a Committee to Treat with Mr. Vinton about the affair abovesaid.


1736, June 7th.


The Free-holders with the other Inhabitants of the Town (being legally warned) assembled To transact some affairs of the Town, the particulars whereof (as they are inserted in the warrant, (on file) for calling the meeting being as followeth, vizt. First, To Chuse a moderator. Secondly, To receive the Report of the Committee, that were chosen to Treat with Mr. Thomas Vinton about Quitting his Claim to the Iron-works River. Thirdly, To see if the Town and Mr. Vinton can agree on Terms of his quitting his claim to Said River, or otherwise if they will think fit to defend their right in Said River against the claims of all persons whatsoever, and also raise money to defrey the Charges of the same. Fourthly, To consider and Determine what may be thought proper to be done with respect to any Per- sons, that have taken and Improved any part of the Town's Com- mon &c


ye Moderator And being so assembled they proceeded and chose Mr. Benjamin Neal moderator.


Report of ye Comtee. Mr. Vinton's answer. Voted to defend the Town's Right Money to be raised. £100, Granted The Committee above mentioned Reported (i.e. verbally) That they had been with Mr. Thomas Vinton and had asked of him, on what terms he would quit his Claim to the River aforesaid, To which (they said) he made no answer, and Mr. Vinton being pres- ent at the meeting, The moderator put the Question to him, whether he would part with his Right in the River, To which he made an-


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BRAINTREE RECORDS, 1736.


swer, that he would not Sell his Right therein on any Tearms what- soever. The moderator then put the Question to the meeting, whether they would defend their Rights in said River against the claims of all persons, whatsoever, It passed in the affirmative, against which John Hunt entered dissent. Then the Question was put Whether they would raise money to defrey the charge that may arise in defending their Rights, It passed in ye affirmative, against which Ens. John Hunt & Benjamin Ludden dissented. Then Voted, That One Hundred Pounds shall be assessed on the Town (if need be) to defrey the Charge of defending their rights abovesaid Then the Question was put, whether they would chuse a Committee To [25] Take care that the River be kept clear of all obstructions to the passage of the Fish, and to prosecute in the Law all such as shall hinder or obstruct their passage in Said Riv- er. It passed in the affirmative.


Comtee. Then Mr. Benjamin Neal, Mr. John Hollbrook, Mr. Richard Faxon, Mr. William Peniman & Mr. Moses Belcher, being nominated, were (separately) Voted a Committee to act in the af- fair aforesaid.


Then Voted, That it shall be in the power of the same Committee (or any three of them) to join with Mr. Thomas Vinton (if he see cause) in chusing referees of Indifferent men, to decide ye whole difference betwixt him and the Town relating to the River, or the Passage of the Fish therein.


Comtee. about ye Comon Then Voted, that the Selectmen be a Committee to take care of encroachments on the Common and see them removed.


John Grove's Petition John Grove presented a Petition to the Town wherein he set forth that being destitute of a Habitation to protect his family from the Inclemency of ye wether and presuming it to be no detriment to ye Inhabitants of ye Town, had adventured to erect a Small Cottage on ye Comon Land belonging to the Town, not knowing his duty to have applyed First to the Gentlemen of the Town, for their leave for so doing ; but now being sensible of the same, Humbly prayed, that they would forgive what he had done amiss, and give leave to finish the same and to live therein with his Family, during their good pleasure, and that when ever they should think fit to Retract the said liberty, He might be Re Imbursed, what he had expended, in Building it, as may be seen more at large in the Petition on file


Vote thereon - Voted, that John Grove have liberty to finish the Cottage abovesaid, and to Improve it as desired, during the Town's pleasure, and to take it away when he shall see cause to do it.


1736, August, 23ª.


Contents of ye Warrant. At a Meeting of the Free-holders and other Qualified Inhabitants of the Town (being Legally warned) To Transact some affairs of ye Town, the particulars whereof as inserted in the warrant &c being as follows, vizt. To chuse a moderator. Secondly, To bring into the Select men true


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BRAINTREE RECORDS, 1736.


Lists of their Polls and Ratable Estates &c. Thirdly, To con- sider and determine of some more effectual means or method to remove any obstructions, that are still in the River called Monati- cut River, to the passage of the Fish in any part thereof, as well as to keep the River clear, from obstructions in anywise for the future. Fourthly, To see if the Town will continue the Commit- tee lately chosen to act in the Town's behalf in that affair, or add to 'em, or chuse a New Committee &c. Lastly, To chuse a Con- stable if it be thought necessary and Legal, as may be seen more at large in the warrants on file.


Moderator. The meeting proceeded first to chuse a moderator, and Lieut. Joseph Crossbey being nominated, was chosen by a major vote.


Obstructions in Monaticut River to be removed. The Question was then put to the meeting, whether they would have all such things as obstruct the Passage in Monaticut River, in any part thereof removed? It passed in the affirmative.


Then the Question was put whether they would continue the Comittee last chosen to keep the River clear of obstructions? it passed in the negative.


The Question was then put, whether they would have any meet Persons, added to the said Comittee. It passed in the negative.


The Question was again put, whether they would chuse a New Comittee to act in the affair aforesaid? It passed in the affirma- tive.


A, new Committee. After which, The Hon. ble Leonard Vassal Esq : Mr. Benjamin Neal, Mr. Richard Faxon, Mr. John Hollbrook, & Mr. William Peniman, being, nominated, were voted to be a Committee to act in the affair aforesaid, and that any three of them should be a quorum to act in said affair.




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