Records of the town of Braintree, 1640-1793 , Part 25

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 25


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239


BRAINTREE RECORDS, 1740.


side of the fence till you come to Richard Faxon's Land, and from thence through said Faxon's land as Follows, begining at a fence between the aforesaid Faxon and Blanchers Land at a post in said fence markt to the Westward and then on blazed Walnuts & other (Blazed) Trees on the brow of a hill, To Peter Marquands Land and then Entering a corner of the Marquands Land, and then to goe along a wall, on the East side, Till you come to the orchard fence, and so on a streight line till you come over the brook, and From thence as the way is now used till you come to the Common Land, the addition of the weidth in order to make the whole of said way a rod and half wide to be on the East side of the way ; and then through the Common over the way that was made last year, Till you come to the Road that Leads to Alderidges farm a little to the East of the corner of Faxons meadow, and from thence in the way that goes (to Alderidges farm or to the six hundred acres, ) as the way is now used to Joseph Owen's barr's, and then Round his land as is commonly used to goe with empty carts, from thence down a Hill and so through a swamp in ye way that is commonly used by William Field's shop, and then from thence on the East- ward side of said shop as it now stands, and from thence by the side of his fence till you come to a rockey mountain, and then through the wall to the Westward of the mountain Till you come to a fence set up by Joseph Neal Secundus, supposed to be com- mon, and then along in the common till you come to Benja" Neals, and Joseph Neal's secundus Lands and so through said Benjamin Neals Land, by the fence parting [76] between Benja" and Joseph Neal's aforesaid, and then to come out into the Country Road about Eight feet To the Northward of the Nine mile stake (or stone) as it now stands, The Whole of the way to be of one Rode and a half in Weidth.


February 20th. 1740/41


Selectmen and Comttee


Joseph Crossbey Moses Belcher William Hunt


Richard Thayer Joseph Gouch Thomas Crossbey.


Joshua Hayward.


March 3 th Tooth. 1740.


This Returne Returned & Read in Town Meeting, and accepted as follows.


A Town Vote on Several Conditions March 10th. 1740. The names of the persons excused &c Voted, That this Report (vizt the Report above said) Be accepted and that it be put on Record in the Town Book, provided that Ephraim Thayer, Richard Faxon, Peter Marquand, Ebenezer Whitmarsh, James Penniman, Nathan- iel Blancher, Samuel Blancher, Ephraim Hunt & Aaron Hayward &c Do make and Execute a good Deed of Release or Quit claim of the land (of one Rod and half wide) through their lands on which the above said way Goes (as and where it is laid as Discribed in


240


BRAINTREE RECORDS, 1740.


the above said Reporte) which said Deed of Release & Quit claim To be on condition that the said Town Continues the said way - Otherwise the said Land is To revert (and Return) to the Grant- ors - And also that they Do make within two years (or such longer space of time if the sd town shall judge it, Needfull or think fit) a good way for a Loaden Cart to pass from the low grounds by the Round swamp in Ephraim Jones Land to the Town way in the Common going to aldridges farm, or the six hundred acres (so called) Provided also, That the persons heafter named - & here by obliged, To make said way (from the Low grounds in sd Jones' Land until it comes to the way in the Town's Common Leading to Alderidges farm or the six hundred acres [77] aforesaid Be excused from the making or mending of any other ways within the Town for the space of Two years, (viz. Ephraim Thayer, Richard Faxon, Peter Marquand, Ebenezer Whitmarsh, James Penniman, Nathaniel Blancher, Samuel Blancher, Ephraim Hunt, & Aaron Hayward (that is to say all that are Included in said Quit claim or Deed of Release.


The Return or Reporte of ye Comttee &c And then proceeded to that of the affair between the Town & and Thomas French, and the Comttee appointed &c in the said affair, Reporting as follows vizt. their Return being Read In said meeting which was as Follows. We the subscribers Being chosen and appointed To make and es- tablish a line between the Lands of Thomas French and the Towns Commons ; did ; on Jan'y 26th. Currant, Finaly agree and conclude, That the said Line shall and Doth, Begin at the two Posts standing Together, Near the Northerly corner of Seth Copeland's Land and so Running through the swamp, an Easterly course to a stake which we Drove down, eight Foot from a sappling Pine ; South- ard; and thence a streight Line to William French's Land. But the Swamp being so full of Bushes ; we could not see from the said posts to the said stake ; and it proving a very stormy day we were not able To make any Intermediate Bounds, but the two bounds above, mentioned ; being Fixed, Intermediate bounds may be made at any time hereafter.


Braintree Jan'y. 26th. 1740. (Signed) David Bass,


Joseph Crossbey, Ebenezer Thayer, Comttes


A True Entery of the origional att. Richd. Faxon Cler.


also, siged Thomas French.


The Comttees Return confirmed or accepted ye same comttee continued See forward p. 78 The Question was then put whether the above sd Report that has been now Read and the Settlement The sd Comttee in behalf of the Town, has made, with the said Thomas French shall be accepted & Recorded, put to vote, and it passed in the affirmative. and then Voted that the same committee be continued and Impowered to make bounderies by heapes of stones, and otherwise as may be [78] necessary, and fully to compleat the same with said French.


Voted that a Comttee be chosen &c March 10th. 1740. The Com- ttee to Settle ye bounds chose & Reporte in case The choice of Town


241


BRAINTREE RECORDS, 1741.


Officers Renewed And then proceeded to chuse a Committee to Settle the bounds between the Towns Commons, and other Lands of the Town, and perticuler mens Lands. Voted that three men be chosen in the sd affair, vizt. the said Comttee to consist of three in Number, and then Nominated and seperately Voted Capt Joseph Crossbey, Mr Ebenezer Thayer and (MT) Moses Belcher a Comttee in said affair, To Doe and settle as aforesaid, or in case, if Need be to Report to the Town as soon as may be How affairs are Cur- comstanced in the sd affair, and then on a motion, made to the meeting (by the Cler) Informing that by reason of Necessary Buisness, and bad travelling and stormy weather, Preventing, it has happened that the lists of those chosen to the respective offices in this Town for the year ensuing are not all given out to the Constables, as the Law directs, and then the Question was put whether all persons (as) chosen to the respective offices by the meeting on the second of this Instant March and continued to this Day by (two several Adjournments, be continued (and said choice now Rattified and again confirmed) and said Lists Perfected and given out to the Constables as from This Day put to vote and it passed in ye affirmative.


See Back p. 77 It was also Voted, That the Comttee above said p. 77 continued to settle the Boundiaries with the said Thomas French aforesaid allso Lett out the Remaning part of the Towns Swamp adjoyning to sd French's aforesd for a tearm of time at their Discresion, for the clearing and Fenceing for Improvement &c and then to be delivered up to the sd Town again.


1741 May 20th.


Representative The Freeholders and other Inhabitants of the Town of Braintree, being assembled on Legal warning Pursuant to the precept for the choice of a Representative, The Meeting being opened, they then proceeded to chuse a Representative (having first Voted to chuse but one at this time) and the Votes Being Collected and examined it appeared that (Capt.) William Hunt was chosen by the Majority of the Voters.


1741 May 20th. The other meeting. on the same Day the Freeholders and other Qualified Inhabitants of the sd Town of Braintree being assembled on Legal warning [79] to Transact such affaires of the Town the perticulars whereof as they were Inserted in the Warrants, were as follows.


First, To consider of Raising money for the Defreying the Town charges.


Secondly, To consider of Chusing a Constable (for the North precinct).


Thirdly, To consider of Chusing one Surveyor for high wayes.


Fourthly, To consider of Two Schools being kept in the said Town for This present year (viz. one in the North & one in ye Middle precinct)


Fifthly, To consider of the South precincts Drawing a part of the School money as they have Done &c


242


BRAINTREE RECORDS, 1741.


Sixthly, To consider and Direct the Treasurer Repecting those bonds In the Treasury that are not Discharged annually as also some demands on the Treasury Respecting Bonds, and also some orders, and also some old accompts.


Seventhly, To consider if anything further may be necessary to be Done Respecting the passage of the Fish up Manatiquod River, especially at Mr. Bowditches &c.


Eighthly, To consider of the Reports of any of the Towns Com- mittee &c.


Ninethly, To consider of the Determining where the Town meet- ings Shall be kept for the future.


Tenthly To consider of the request of sundry persons, viz. Whether The Town Rate shall be paid in Land Bank Notes for the year ensuing and also whether the Town will agree to advise the Selectmen to approbate noe more Taverns then is realy needful.


Moderator adjourned And then proceeded and chose Co1. John Quincy Moderator &c and the Moderator with the consent of the Meeting adjourned the meeting for half an hour &c.


Voted. yt Two Schools be kept The meeting being again assembled, or mett, they then proceeded to that of Schools, and the Question was put whether two Schools be kept in this Town for the Present year, viz. one in the North, and one the Middle precinct, put to vote and it passed In the affirmative, and then,


£160. Tax, £160. Voted, that one Hundred and sixty pounds be assessed on the Pols and Estats of the Inhabitants of This Town Towards Defreying the Town charges &c this year &c


Moses Belcher Secdus chose or accepted Constble. 1741 May 20th. And then proceeded to that of Chusing a Constable, and then on a motion made by Mr. Moses Belcher Secundus to the Meet- ing that altho he had when chose to the office on March second last past. But [SO] now Determines to serve in said office the Question was then put sª Meeting Whether Mr. Moses Belcher Secundus shall be one of the Constables of this Town, for the year, and it passed In the affirmative.


Jonathan Baxter chosen Survey of Highways And then pro- ceeded to that of Chusing a Surveyor of Highwayes and Jonathan Baxter, being nominated was chosen to the said office


South precinct allowed to Draw a part of ye School money. And then proceeded to that of the South precincts drawing a pro- portionable part of the money paid to the two schools, vizt that kept in the North and also that kept In the Middle precincts, it being Debated, and then Put to vote passed in the affirmative.


Voted a Comttee To see that a passage be made for ye Fish &c And then proceeded to Chuse a Committee to see that a con- venient passage be made for the Fish in Mr. Bowditches Dam viz. Mill Dam now broken &c. That is to say that the Committee hereafter named in behalf of this Town see that a convenient pas- sage be made by a sluce or Sluces, Through said Dam, if, or when the same shall be erected again, put to Vote, and It passed in the affirmative. And then nominated and seperately Voted and Chose Caleb Hobart, William Wild and Thomas Allen be a Comttee to


243


BRAINTREE RECORDS, 1741.


perform in the affair of seeing that a passage be made as aforesd, &c.


A negative vote on ye proposal of Town meetings being kept in ye South precinct. And then proceeded to Determine where the Town meetings shall be kept for the future, and after some Debate, it was propounded and put to vote whether the Town Meetings shall be sometimes kept or convened in the South pre- cinct, put to vote as aforesaid and passed in the Negative, and then a Vote was propounded whether the Town meetings shall for the future be alternatly kept in the North and Middle precincts, put to vote and it passed in ye affirmative


[81] 1741, May 20th.


Voted that the Town Rate be paid in Land Bank Notes And then proceeded to that of paying in the Town Rate Into the Treas- ury in Land Bank Notes, and after some Debate the Question was put whether the Town Rate shall be paid in Land Bank Notes as aforesd, put to vote and passed in the affirmative.


The sd Comttee Reported that they had treated perticularly with Mrs Mills & Webb And then proceeded to here the Reporte that any of the Towns Committees had to offer, Capt Jos Crossbey and Mr. Moses Belcher Two of the Comttee to look after and reporte about Incroachments &c then Reported that they had Treated with some of those supposed to have taken or got in some of the Town's Land within fence but they did not seem willing to resine it, and after some Debate thereon, refered the further consideration thereof to the next meeting viz Town meeting.


The Comttees Return of Letting out apiece of the Towns Common being accounted to contain about six acres is as follows -


The Comttee Return Read and accepted We the subscribers be- ing Impowered and Directed to Let out a Certain piece of the Towns Swamp; adjoining to a piece of swamp belonging to Thomas French, upon the best terms we could for the Interests of the Town, Did on Monday the twenty seventh day of April Last past, Lett the said piece of swamp (containing as we suppose about six acres) unto Isaac Newcomb for and During the Term of fifteen years From the Date thereof, by a good Indenture of Lease under our hands and seals ; and in Seperating the said piece of swamp from the rest, of the Towns Commons; To Shorten The Charge of fencing, We run the lines over some small points of up- land belonging to the commons : and one or two (Nooks of swamp) we left out to the commons, and have Bounded out the same : by meet bounds which will fully appear by refering to the Counter part of the above said Lease, which is herewith presented to the Town for their Approbation and acceptance, the method we took in Letting out the said Swamp. was (after we had given Timely notice thereof by posting up a notification) by appointing a time at M'. Seth Copelands house, that any of the Inhabitants of this Town might have oppertunity to Bid upon it, and when we had so done, It fell to M' Isaac Newcomb as above said as the highest bid der.


244


BRAINTREE RECORDS, 1741.


All which is Submitted


By Joseph Crossby


A true Entery of the originall Coppy or Return


Ebenez" Thayer Comttee


David Bass,


Att. Richd. Faxon, Town Cler.


[82] 1741, June 29th.


A, Representative Chose. The Freeholders and other Inhabi- tants of the Town of Braintree being assembled on Legal warning, Pursuant to a precept for the Chusing of a Representative, the meeting being opened they then proceeded To sd choice, after hav- ing Voted to chuse but one to sarve in sd Service for this time, and then the votes being Collected and examined it appeared that Capt William Hunt, was chosen by the major part of the voters pres- ent.


1741, June 29th. Warrants.


Also another meeting being on sd. Day being appointed, and Legally warned, and being assembled vizt. The Freeholders and other Qualified Inhabitants of said Town, vizt Qualified for voting in Town affaires and being assembled as aforesd. for the Transact- ing such affairs of the Town, The perticulars whereof as they were Inserted in the Warrants were as follows.


First, To consider and Determine the matters relating to the Bonds payable to the Treasury.


Secondly, To consider that of some ordrs &c returnable thereto.


Thirdly, To consider of that of the accompts of sundry persons that are not settled, viz. as Represented.


Fourthly, To consider, of Making up accompts with, and of the allowance to the Treasurer and Clerk.


Fifthly, To consider of releasing the money coming to the Town as charges, (perticularly that recovered of Micah Allen, and Benja Thayer as the Towns part of the fine for their selling (strong) drink, we case was tryd at Boston before Justice Hall and others &c (we fine is supposed as yet To be under the hands of sd Jus- tices (or the Kings attorney)


Having first voted. to chuse by hand &c Moderator, Chose. The meeting being opened they proceeded and chose Capt Joseph Crossby Moderator.


The Town's part of ye fine remittd To Allen & Thay' Mr. Hol- brook chose to finish at Boston on ye Town part And then pro- ceeded to that of the fine lately recovered of Micah Allen & Benja- min Thayer &c for selling (strong) drink on May 20th. last past, vizt. to consider whether the Towns part shall be remitted to them the said Micah Allen and Benja" Thayer, aforesd. put to vote and it passed in the affirmative. and then Voted, also that Mr. Jnº Holbrook Do take care to Inform &c. & to take up the Note Lodged at Boston on the acct. aforesaid viz. fine, and on the Towns Behalf to finish sd affair.


A Comttee chosen to settle accts wt ye Treasurer And then sep- erately Voted, Co11. John Quincy Capt Peter Adams & Capt Jos.


245


BRAINTREE RECORDS, 1741.


Crossby, by a Comttee to settle accompts w the Town Treasurer and to make Report &c.


[83] 1741 October 5th


Moderator. Warrants. The matter of Bonds Dismist. The Freeholders and other Qualified Inhabitants of the Town of Brain- tree, being assembled on Legal warning proceeded and chose Capt Jos. Crossbey Esqr. Moderator, and then proceeded to consider the perticulars Inserted in the warrants which were as follows, vizt. First, &c Secly. To consider of & to Determine concerning the Bonds in the Treasure vizt. (those for Rent &c) & also all other Bonds to the Treasure &c & to consider of any accts or ordres yet unsettled, as represented to the Treasurer, and then proceeded to that of the Bonds, Debated, Thereon (passed over without voting thereon.


Voted that the ordre be examined and adjustd. by yº Com & Treasurer. And then proceeded to that of the orders and after some Debate thereon, Voted, that the orders in the hands of Chris- topher Dyer or others Drawn by (Mr.) Benja" Webb the or a former Treasurer Be examined and adjusted by the Comttee Last chose to settle accts with the Treasurer, and the Treasurer &c that is to say the comttee vizt Co" John Quincy Esq. Capt Peter Adams & Capt. Jos. Crossbey, Last chose, vizt on June 29th. 1741, to settle accts with the Treasurer, Be a Comttee with the Treasurer to examine and adjust any orders Drawn by Mr. Benjamin Webb, A former Treasurer in whose hands soever said orders may (be and) that were not perticularly Settled for in his time with the persons Drawn on, vizt. while he the sd Webb was in sd office of Treasurer for the Town of Braintree.


The Anniversary Town meeting for the Choice of Town Officers, for the year, 1742.


1741, March 1st.


1741, March 1st. The Freeholders and other Qualified Inhabi- tants of the Town of Braintree, being assembled on Legal warn- ing for the choice of Town Officers and for the Transacting such affairs of the Town, the perticulars whereof as they were Inserted in the warrants were as follows.


Warrants. First To chuse all such Town Officers as By the Laws of this province are Directed to be chosen &c


Secondly, To consider if any allowance shall be made for Bulls and Boars for this year.


Thirdly, To here the Reporte of the Town Committees and to Determine thereon as occasion may be.


[84] 1741 March 1st.


Moderator The meeting being opened they then proceeded, and after having Determined vizt. by vote to chuse a Moderator by written votes, proceeded and chose M' Joseph Gouch Modera- tor.


246


BRAINTREE RECORDS, 1741.


Clerk And then proceeded and chose Richard Faxon Town Clerk.


Treasurer. And then proceeded to that of Town Treasurer and Chose Richard Faxon to sd office, having previously Deter- mined to chuse a Treasurer by hand vote.


A vote to state the chusing Selectmen Selectmen. And then proceeded to that of Selectmen, & then voted, that two Selectmen be chose in the North precinct, and two in the Middle, and one in the South Precinct, and then proceeded for chusing and chose in the North precinct, Mr. Joseph Gouch, & Moses Belcher (sen". ) and in the Middle pret. chose (Sert) Richard Thayer, and M'. John Holbrook, and in the South precinct, Dea. Thomas Wales.


Ebenezer Newcomb gave his note for £5 - on March 8th of ye old tenor Constables. March 16th C. Hobt. gave a note fr £5 - old tenor March 16th Ezec. Crane pd his £5 - old tenor And thien proceeded to of Constables and chose Richard Brackett, who refused to serve, and also chose Ebenez". Newcomb who also refund to serve & then chose Joseph White who desired sometime of consideration and then proceeded and chose Caleb Hobart who refused. to serve, and then chose Ezechiel Crane who also refused to serve.


Surveyors of highways And then proceeded to that of Sur- veyors of Highways and chose Joseph Neal, David Bass, Stephen Cleverly, Sam". Penniman, Sam1. White jun". Caleb Hobart, Nathaniel Blancher, James Thayer, Jnº. Hayden, Jnº. Clark & Sam1. Pain.


Surveyors of Timber And then proceeded to that of Surveyor of Timber &c & chose Ebenez". Field & Ebenezer Newcomb.


Sealers of Leather And then proceeded to that of Sealers of Leather & chose Aaron Hayward and John Capen.


Fence-viewers And then proceedd to that of fence Viewers & chose Joseph Neal, Secdus James Brackett, Jnº Curtis, David Holbrook, Willm. Wild, Joseph Hayward and Samuel Clark.


Tythingmen And then proceeded to that of Tything men and chose, Jnº. Hains Christopher Webb, Samuel French, Willm. Bowditch, Jonathan Hayden, & Ebenezer Copeland.


County Treasurer Before this last the Votes were brought in for a County Treasurer, sealed up &c.


Hogreives - And then went upon yt of hogreives & chose Willson Marsh, Benja" Ruggles, Benja" White, Samuel Blancher, Thomas Fenton Jun'. & Christopher Hayden.


[85] 1741 March 1st.


Mr Jo® Wales & Seth Porter chose to see ye act about Deer prosecuted &c And then went upon that of choosing men To prosecute all Breaches of the act Relating to Deer, as occasion may be, and then chose Ensign Joseph Wales and Seth Porter be in the said affair of the deer, and to see the due observance thereof.


No premium on Bulls & Boars. And then proceeded upon that of a consideration for Bulls and boars, and after some considera-


247


BRAINTREE RECORDS, 1742.


tion a vote was put whether any allowance shall be made for bulls or boars for the ensuing year, and it passed in the Negative.


1742, May 10th.


Representative. Pursuant to a precept To the Selectmen &c. The Freeholders and others Inhabitants of the Town of Braintree, Being assembled on Legal Warning for the choice of a Represen- tative, The meeting being opened they then proceeded and chose Mr. Joseph Gooch vizt. So Declared by the Selectmen or some one of them.


Warrants On the Day abovesd The Freeholders and other Inhabitants of the Town of Braintree, being also Legaly warned to assemble at twelve of the clock at noon, To Transact such af- fairs of the Town the perticulars wherof as they were Inserted In the Warrants were as follows vizt. First &c. Secondly, To raise money to Defrey (the Town Charges. Thirdly, to chuse Con- stables Fourthly, To consider (Whether) or what they shall be allowed, viz. the Constables for their services. Fifthly, To con- sider and chuse a Committee to take care of the Fish, or any


other matter. Sixthly, To consider whether Joseph Owen shall be allowed To thro up his Lease of the School Lands & to except an other in his room. Seventhly, To consider (also if the Widow Hannah Thayer shall thro up her lease of sd School Lands & Clear her of her obligations. Eighthly To consider if ye Town will allow the Comttee that was chose to take care of Incroachments on any of the Towns Interests : money to prosecute those persons that will not resign the same. Ninthly, To consider (whether) or) if the Town will allow to John Webb Twenty four shillings and three pence &c


Moderator chose. The Freeholders and other Inhabitants Qualified for voting In Town affaires, Being assembled proceeded and chose Joseph Crossbey Esqr. Moderat" for said meeting, and,


charges. A tax of £250-Then proceeded to that of Raising Money to Defrey Town charges


[86] £250-Voted, That a Tax of Two Hundred and fifty Pounds Be assessed on the Pols and Estates of the Inhabitants of this Town, to defrey ye sd Town charges as far the said sum will goe towards ye same.


Constables allowed upon making up &c


Nath11. acceptd. & sworn in ye room of Jos White &c Voted, That those that shall serve this Town in the office of Constables shall have five pounds each of them allowed out of the Treasury (Viz. upon their making up, and discharging all such assessments as shall Duely be Committed to them (viz five pouds old tenor and then proceeded to the Chusing of Constables, and Joseph White who was chose to the office of Constable at ye Last Town meeting in March being then allowed some time of consideration appeared and signified to the Town that he had agreed with Nath11. French to serve in his room Sª French being also present. A vote was then put whether Nathaniel French shall be accepted and serve this Town for this year in the room .of Joseph White aforesd and




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