USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 27
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[99] A Town way laid out from ye way thro' ye Reved Mr. Niles Farm to (Dea.) Sam11. Bass's on condition &c vizt if the sª condition be performed We ye Subscribers being appointed a Comttee by ye Town of Braintree to view a way (as proposed) between ye land Belonging to ye Reved Niles & Dea". Sam" Bass's land Which was Debated at our last May Meeting & upon our viewing ye same (the Circumstances of ye land considered) we Proceeded to appoint & Stake out ye Road as followeth, vizt. Beginning at ye South Westerly Corner of Sam" Nash's land, and thence Running near No-East about eight rods to a Small Hem- lock Stump on ye south side of ye way. Thence Bearing Some- thing more Eastward about twelve Rods, To a Pine tree on ye North side of ye Way. Thence Runing about eight Rods near. East, to a stake, with Stones about it. Thence Running about five Rods baring to ye South East to a stake by Naighbour Nash's Rail fence. Thence Running near six Rods about South East to a stake on ye Hill near Neighb' Nash's house, thence running near
1
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BRAINTREE RECORDS, 1743.
East & by South about twenty rods to a rock, part of it being brok of, it being on ye North Side of ye Road, thence Runing near ye same Course about twelve Rods, to a post in Dea". Bass's Land - to ye North east corner of De Bass's fence with three neiks on ye North side of it, thence running on ye line between ye Revd. Mr. Niles land & Deacon Bass's Land and there to meet with ye Road that runs thro' M'. Niles farm, Provided that Dea". Bass & the Neighbours above him Perform ye bargain att ye time Con- tracted (vizt.) that the way may be made passable for a team, before ye town is at any charge, and that they make seven eighths of ye fence on Sam" Nashes Land against sd road, at their own charge, and likewise give the Land for said way.
1743 March 5th. Accepted by ye Town on sª. Conditions The above sd report in Joseph Gouch,
Town Meeting Read and Signed,
Accepted Vizt put to Vote
Joseph Crossbey, Moses Belcher,
Comttee
past in ye affirmative
Richard Faxon,
d' Richard Faxon Town Cler.
[100] 1743 May 20th.
Representative. Pursuant to a Preciept Directed to ye Select- men &c The Freeholders And other Qualified Inhabitants of ye Town of Braintree being Assembled On Legal warning for ye choice of a Representative, The meeting being opened, they pro- ceeded, and ye votes being Collected & sorted it appeared that Coll Joseph Gooch was chosen by the Majority of Voters, and then debated on ye afair of giving Instructions to ye Representative
Voted, That there be Instructions to our Representative, & then nominated & seperately Voted in the several persons here after named A, Comttee to Draw up said Instructions &c. vizt Co11 Jnº Quincy Majr. Jos. Crossbey, Richard Faxon, Capt Sam" Bax- ter, Capt Wm Hunt, Lt Moses Belcher, Capt Ebenezer Thayer, L' Jnº Thayer, Capt. Thoms. Wales, L' Sam" Vinton Lt Jnº Adams Ebenezer Copeland Elkanah Wales, Willm Bowditch, Ephraim Thayer Lt Nehemiah Hayden.
1743 May 20th.
(Also) The Freeholders & Other Inhabitants of ye Town of Braintree, Qualified for voting in Town Affairs being (also) Assembled on Legal warning for ye Transacting such affairs of ye said Town of Braintree, ye perticulars whereof as they were In- serted in ye Warrants were as follows. And after a Moderator chosen, First, To Conside of Raising Money for Defreying ye nec- essary charges of said Town, for ye present year. Secondly, To Chuse a Constable or Constables if need be, and also to consider and Determine Whether will abate anything of ye Twenty pounds &c To such as refuse to serve. Thirdly, To conside and Determine on any affair Relating to the Town's Land or any person or persons adjoyning &c. Fourthly, To here & consider and Determine as they shall think Proper on any Reports of any of ye Town's Comttees in any afair Committed to their trust. Fifthly, To consider
258
BRAINTREE RECORDS, 1743.
& Determine on ye affair of ye Way Sometime since through the Revd Mr. Niles' Land towards The Island usually so called.
1743 May 20th.
The Freeholders & other Inhabitants being assembled on ye Day above sd Proceeded & Chose Co" Jos. Gooch Moderater
a Comttee chose to view ye way through Mr Niles Farm towards ye Island more added to them And then proceed to that of a way through ye Reved Mr Sam" Niles' [101] Farm &c. and after Some Debate on sd affair of a way throh the same Voted, That a Comttee be chose to Look into & Consider ye same and to Reporte there on &c. and then Nominated and seperately Voted, Col Jos. Gooch, Maj' Jos Crossbey, Dea". Peter Adams, Dea" William Hunt & Richard Faxon, be a Comttee in the said affair, and y" on a motion made In sd meeting that Mr. Benja" Beal, & M'. Moses Belcher Be added to ye above said Comttee put to vote, and it Passed in ye affirmative.
Gregory Baxter be accepted Constble And then proceeded to that of Constables, and proceeded with those Chosen at March Meeting Last past as follows.
Shedrack Thayer be accepted Jnº Thomas Released &c That Gregory Baxter be accepted for one of ye Constables of The Town of Braintree in ye room of Benja" Ruggles, and then Shedrack Thayer appearing offered to serve The Town in ye office of Con- stable for the present year, & y" Voted, that sd Shedrack Thayer be one of the Constables for The Present Year, and also, That John Thomas who was Chosen in March 'Last be Released from that service for ye present year, He being liable to serve the next
& y" Voted Nath1 French accepted Constable That Nathani- el French be accepted one of ye Constables of the Town of Brain- tree for the present year in ye Room of Mr. Joshua Hayward who was chose Last March.
& y" Voted sd Baxter Thayer & French to be intitled to ye pre- miums That the sd Constables Now Accepted as aforesd vizt. Baxter, Thayer & French be all understood to be intitled To the Premium allowed as conditioned in ye Votes of The Town in their Meeting on March Last past.
250£ Tax to be assessed &c And then proceeded to that of Raising Money &c
£250- Voted, That two Hundred & Fifty Pounds old tenor be assessed On ye poles and Estats of ye Inhabitants of sd Town of Braintree towards Defreying the Necessary Charges of said Town as farr as ye sd sum Will goe in that affair, & yn
The Comttees Reports refered Over to ye next meeting &c Vo- ted, That ye Reporte of ye Comttee Deputed to Inquire into any Incroachments on any of ye Towns Lands or Commons &c be refered to August or to ye next Town Meeting, for further consid- eration.
And also that of ye Comttees Report on Christopher Dyer's affair, then also to be further considered.
259
BRAINTREE RECORDS, 1743.
[102] Anno. Dom. 1743.
1743 June 27th.
Warrants The Freeholders and other Qualified Inhabitants of the Town of Braintree being assembled on Legal Warning, For the Transacting Such affairs of sd Town of Braintree, The perticu- lars affair (or business) whereof as it was Inserted In ye Warrants, was as follows. To consid" & by some Lawfull Means put a stopp to ye great Injustice which is done by some perticular men to this Town (as such) by ye boundless Liberty they take in their Improvements of said Town's Common's &c.
The Freeholders & other Qualified Inhabitants, Being assembled on ye day abovesd &c.
Moderator. Proceeded and Chose Co" Joseph Gooch, Modera- tor.
Voted that ye Towns Common's be regulated Stones prohibit- ed carring off of the Common &c And then proceeded to the affair of the stones - In ye said Towns Common's, and after some Debat thereon, The Modr put ye Question, Whether the sd Commons shall be Regulated, the Question being put as aforesª it passd in ye affirmative, and then ye Moderat' put ye Question whether That all persons shall be Restrained from henceforth for one year from Digging and carrying off stones from any part of The said Towns Common Loads without Leave first had from The sd Town or their Comttee (hereafter to be) appointed therefor, and it passed in ye affirmative.
Wood also prohibited carring off of ye Common Also then Voted, that all persons shall be restrained from Cuting or carring of any Wood from off the sd Town's Common without Leave first had from the sd Town or their Committee, To be appointed in said affair.
A Negative vote on ye Hearbige And then also put to Vote whether the Hearbige be restrained (This present year) and it passed in ye Negative.
ye Comttee to prosecute & all elegall proceedings on ye Towns Commons &c And proceeded to that of chusing a Comttee to pros- ecute In ye Law all (and every person or) persons that shall pre- sume to cut or carry off wood, or Digg or carry off stones from off ye said Town's Commons, except for such & so much or) many as they shall agree and bargain for with said Town or Comttee as aforesaid, the price to be sett from time to Time by the (Town or their) Committee hereafter named, put to vote, and it passed in ye affirmative.
ye Comttee chose And then Nominated and seperately Voted Co" Jos. Gooch, Maj' Jos. Crossbey, (M".) Benja" Ludden, M". Ebenez" Thayer and M' Sam" Niles jun'. be a Comttee in the whole affair of the Wood and stones, to all Intents as aforesd.
any three to be a quorum And then also Voted, That any three of the (abovesd) Comttee Be a Quorum in the affairs aforesd.
260
BRAINTREE RECORDS, 1743.
[103] Anno. Dom. 1743.
1743, Augt. 31st.
Warrants The Freeholders and other Inhabitants of ye Town of Braintree, by Law Qualified for voting in Town affairs being assembled on Legal Warning for ye Transacting such affairs of the Town, the perticulars Whereof as they were Inserted in in the Warrants were as Follows. First to bring in their Valuations of all Rateable Estats & Polls. Secondly, After a Moderator chosen, To Receive the Reports or Reports of any of the said Town's Comttees Thirdly, To Consid" whether the Town will chuse a Treasurer To receive the money paid, or that shall at any time Hereafter be paid for stones gotten off of ye sd Town's Commons ; and also to Determine how the money shall be Proportioned or Divided. Fourthly, To conside of Laying a side the box for ye Choice of Jurymen) and chuse as before. Fifthly, To consider of the yearly allowance to the Town Clerk and Town Treasurer. Sixthly, To Considr of Chusing a Comttee to make up accts with the Town Treasurer. Seventhly, To consider of Chusing a Comttee or of some such method if the said Town shall think proper to effect a settlement of the affairs of the Town Rate Committed Christopher Dyer to collect, for which a Warrant is in the hands of Mr. Thomas Hollis.
Moderator. Being assembled on ye Day aforesaid they proceed- ed and chose Co" Joseph Gooch Moderat".
The 3d. 4th. & 5th Perticulars in ye Warrants Dismist And after some Debate the Moderat' put the Question whether the, third, fourth and Fift Perticulars in the warrts shall be all of them Dis- mist, put to Vote and it passed in ye affirmative
a Comttee chose To settle accts wt ye Town Treasurer And then proceeded to choose a Comttee to make up the accompts with the Treasurer and then Nominated & seperately Voted, Co" Jos. Gooch, Mr Moses Belcher, and M' Ebenez" Thayer in sd affair & to report thereon at March next.
And then proceeded to chuse a Comttee in the affair of Christopher Dyer respecting ye Town rate as signified in ye warrants, and then nominated & Seperatly Voted Maj'. Jos. Crossbey, Mr Benja" Ludden & Mr. Sam" Niles Jun' and Dean Wm Hunt, or any three of them be a Commttee effectually to settle and adjust, all ordrs yet unsettled, with said Dyer & settle ye whole acct. of what remains on ye warrant yet with Mr. Thomas Hollis, and the Town Treasu- rer to receive the same so settled, put to Vote and passed in ye affirmative.
[104] Anno. Dom. 1743. 1743, November 21st.
Money for Powder Bullets & flints &c wt other Town charges The Freeholders and other Inhabitants of the Town of Braintree Qualified for voting in Town affairs Being assembled on Legal Warning for Transacting Such affairs of the sd Town (of Braintree aforesd) The perticulars whereof as they were Inserted in The Warrants were as follows, Vizt. first to Conside of Raising Money
261
BRAINTREE RECORDS, 1743.
for ye procuring a Sufficient Stock of Powder, Bullets and flints for ye sª Town (Vizt as much as may be thought necessary &c Sec- ondly, To here ye Reporte of any of ye said Towns Comttees and to Determine thereon. Thirdly, To conside of ye affair, and condition of ye things with Christopher Dyer, one of ye Late Constables of this Town with respect to ye parte of ye Province rate Committed to him to Collect, which appears not yet paid to the province Treasurer. (vizt wheth" any thing may yet be Done by sd Town &c) Fourthly, To Consider of Chusing a Comttee to run ye Line (or Lines) Between ye said Towns Land, and ye Lands of Capt. Ebenez" Thayer, on Rock Island. Fifthly, To consider of ye yearly allowance to the Town Treasurer and Town Clerk for his services therein
Moderator. The Freeholders and others Qualified, Inhabitants, Being assembled on ye Day and for the business above said, proceeded and chose maj' Jos. Crossbey Moderator.
And after Some Debate on the affair of the condition of things respecting the Town's Stock of powder &c. and then on a motion inade in or to The meeting to consider of ye affair Relating to Doct" Henry Turners Demands and after a verbal report made to ye meeting by Co" Gooch one of said Committee, Voted, That the Committee chose on March 17th. 1742, at the adjournment, be still continued in that affair vizt To settle and finally to Determine the same, which Committee were as follows -Co" Josh Gooch, M'. John Hunt, Mr. Richard Thayer, Mr. Moses Belcher and Dean John Holbrook, see page 98 back.
£100-1743 Novembrist Money for Powder Bullets & flints &c wt. other town charges And then proceeded to that of Raising Money, & then Voted, That One hundred pounds old ten- or, be added to the Two Hundred and Fifty pounds, voted to be assessed at Their meeting which was on the 20th. of may last Past, see page 101 back, and to be assessed, vizt with yt and as their Directed (note) this last One Hundred pounds, to be for the pro -. viding the said [105] Town With Powder, bullets and flints (viz *. so much of sd Hundred pounds to be laid out In Providing powder, bullets and flints as the Selectmen shall think necessary at present, & the surplus, if any be to Defrey other necessary. Charges, vizt. to be used in that affair.
£50-a sum voted That Dyer may be Discharged, viz Fifty £ if so much be necessary yt fm & secure to ye Town And then Proceeded to that Relating to Christopher Dyer, and after some Debate thereon & in case &c Voted, That Fifty pounds old tenor, be added and assessed, together with the One hundred pounds afore- said and that so much of the said Fifty pounds be paid to the Dis- charging the sum of the province Rate as was Committed to said Dyer to collect and pay into the Province Treasury, and that the said Dyer, may be Discharged therefrom & ye Town also Secured That is to say that the sums abovesd be assessed in Form (as the Two Hundred & Fifty pounds voted, on the sd Twentieth of may last past was Directed to be, and also for the uses above said.
Voted. a Comttee To Run & settle ye Line wh Mr. Thay". on
262
BRAINTREE RECORDS, 1743.
Rock Island. And then proceeded to that of runing the Line with Mr. Eben' Thayer, and after some Inquiry therein, Voted, That Maj". Josh Crossbey, (Capt or Lt) Win Hunt & L' John Adams, be Impowered on the Towns behalf to run & compleat and well establish and settle & fix Boundariaries if any shall be found wanting betwixt the said Towns Lands & the Lands of Mr Ebenez" Thayer on Rock Island.
The Town Treasurer and Town Clerk vizt Richard Faxon allowed Twelve pounds per year for five years to ye first of March next coming viz 1743 And then proceeded to that of an allow- ance To the Town Treasurer and Town Clerk, The Moderator then put the question if Twelve Pounds per year shall be allowed to the Town Treasurer and Town Clerk for his services, and it passed in ye Negative, and then the Moderator Put the Question whether twelve Pounds per year From the first of March, Seventeen hundred, Thirty & Eight to the first of March seventeen hundred Forty and three shall be allowed sd Faxon vizt for five years. The Question as aforesaid was put to the said meeting (by the Moder- ator) and it passed in the affirmative. To be allowed To Richard Faxon, and the above sd twelve pounds per year was Declared to be understood of old tenor.
Anno Dom. 1743.
[106] March 5th. 1743.
The Anniversary Town Meeting For the choice of Town Officers For the year, Seventeen Hundred Forty and Four.
The Freeholders and other Inhabitants of ye Town of Braintree Qualified for voting in Town affairs being assembled on Legal Warning for ye choice of Town Officers & such other affairs of said Town ye perticulars whereof as they were Inserted in ye warrants were as Follows. After a Moderator Chosen. First, To chuse all such Town Officers as ye Laws of this province Direct to be chosen on such annual meeting. Secondly, To Receive ye Reporte or Reports of any of ye said Towns Committees. Thirdly, To see if ye Town will accept of a Way Given by Jonath" Clark & Others from sd Clark's to ye Middle Swamp Way - To be a Town way - Fourthly, To see if ye Town will chuse a Comttee to git Surveyer to take a Plan of ye Town's Common. Fifthly, To consider if there shall be an allowance for any number of Bulls and Boars for ye year ensuing Sixthly, To conside of an allowance of some part of ye School money to ye South Precinct Seventhly, To chuse a County Treasurer.
The Freeholders & Other Qualified Inhabitants of sd Town of Braintree, being assembled as aforesd, proceeded and chose Co". John Quincy Moderat".
And then proceeded & Voted Richard Faxon Clerke &c.
A Negative Vote on ye motion of two Constables to serve in one precinct & y" Voted in ye affirmative for one &c-Jnº Thomas Benja" Baxter & Jnº White chose Constables And then proceeded to that of chusing of Constables & then on motion made by sun- dry Persons to ye meeting that there might be two chosen in each
263
BRAINTREE RECORDS, 1743.
precinct ye Moderat" then put the Question, viz. Whether two (Constables) to serve in ye office of Constables, shall be chose in each precinct, put to vote & it passed in ye Negative, and then the Question was put by ye Moderat" Whether but one shall be chosen that shall Sarve in each precinct of this town for ye present year Put to vote & it passed in ye affirmative, the votes for Con- stables being Collected & sorted it appeared that Mr. Jnº Thoms, Benja" Baxter & Jnº. White were chosen To sd office, said Thom8 & Baxter not being there, their minds could not be known, (Jnº White promised either to serve himself or by some other man to The Towns acceptance, as ye Law Directs.
[107] 1743 March 5th.
County Treasurer - ye votes Deld to Con Baxter And then pro- ceeded to ye choice of a County Treasurer, the votes being Col- lected, were Delivered to Gregory Baxter, Constable & sealed up.
ye Number of Select men, Determined &c And then proceeded to ye choice of Select men (and after some Debate Whether Five or three Select men shall be chosen to serve in said office for ye year ensuing, The Moderat". put ye Question whether ye follow- ing number of Select men & In the several Precincts as follows - Two in the North pret & Two in ye Middle pret & one in the South pret put to vote & it passed in ye affirmative. The votes being Collected & Sorted it appeared that those chosen were as follows, viz. Select men In ye North precinct Co" John Quincy & L' John Adams. In ye Middle precinct Dea". W" Hunt & Lt Richard Thayer In ye South precint, Ebenez" Copeland.
For Town Treasurer And then chose for Town Treasurer, Richard Faxon.
Surveyers of Highweys And then chose for Surveyers of High- ways, In ye North precinct Simon Crossbey, Jonathan Webb, Sam" Penniman, Willson Marsh and In ye Middle precinct, M' Ebenez" Whitmarsh, Ephraim Thayer Jun". Sam11. Niles Jun". Moses French, Isaiah Thayer & Thom'. Faxon. In ye South pre- cinct, Dea". Sam11. Bass, and Ebenez' Niles.
Chose for Tythingmen, vizt. In the North precinct Sam11. Adams, In ye Middle precinct James Thayer Secdus Caleb Hobart In ye South precinct Ens" Joseph Wales.
Chose for Surveyers of Timber Plank & Shingles, In ye North precinct Joseph Neal, In ye Middle Pret Thomas Vinton
Chose for Sealers of Leather, In ye North pret Aaron Hayward In ye Middle pret Micah Allen.
Chose for Fence Viewers In ye North pret Nath1. Belcher, Ebenez" Field, In ye Middle pret Thomas Allen & Eleazer Thayer, South, pret Joseph Hayward.
Chose for Hogreives In ye North pret. Nathan Spear & William Savel, In ye South pret William Linfield & John Niles jun". In ye Middle pret Abraham Thayer & William White
South prect. allowed School mony And then proceeded to that of allowing part of ye School Money to South precinct and then Voted, that a part of ye School money be allowed to ye South pre-
264
BRAINTREE RECORDS, 1744.
cinct to be Improved for such use & no other (as heretofore has been ordered & Directed &c).
[108] 1744 May 15th.
Co11. John Quincy Esq" Chose Representatives &c Pursuant to a preceipt for the choice of a Representative, the freeholders and other Qualified Inhabitants of ye Town having liad Legal warning (viz*) Inhabitants of ye Town of Braintree being assembled on Legal warning) The meeting being opened they proceeded to the choice of A. Representative, the votes being Collected and exam- ined it appeared That Co" John Quincy Esqr. was chosen Repre- sentative by the Major Part of the Voters present, aforesd.
1744 May 15th.
Also a Meeting being warned for transacting such affairs of the Town of the perticulars Whereof as they were Inserted in the war- rants, were as follows, - After a Modr chosen &c - First To con- sider of Raising Money for ye Defreying the charges of said Town this present year. Secondly, To consid' if any thing is farther necessary to be done about clearing (or keeping the passage of Fish clear in their passing up Manatiquod River. Thirdly, To consider of Chusing Constables if occasion be.
Moderator. The Freeholders and other Qualified Inhabitants, being assembled on Legal warning, Proceeded and chose Co11 Jnº Quincy Esq". Moderat"
A. Committee chose to keep ye passage of ye Fish clear &c And then proceeded (after some Debate on ye affair of ye Fish) To chuse a Comttee to keep ye passage of Fish Clear in their passing up Manatiquod River, and then Nominated and seperately Voted, Jonathan Allen, Sam1. White jun". James Penniman, & Ephraim Thayer jun". be a Comttee in ye said affair, and that said Comttee Treat with ye owners of any Mill Dam's about ye passage For Fish.
ye Constables allowed For ye present year. Benja" Owen ac- cepted by ye Town to serve In ye room of Benja" Baxter Nathaniel Wales Secdus also accepted to serve a Constable in ye room of John Thomas & John Clarke also accepted to serve as Constable in ye room of Jnº White &c And then proceeded to that for Constables, it being thien moved To the Meeting that a vote Might be tried to see what the said Town would allow to those who should serve in ye office of Constables for this present year, & after some Debate thereon, Then Voted, That each Constable (to ye Number of three) be allowed seven pounds old tenor, at making up of Their accompts of all such assessments as shall be Comtted unto him or Them, and then Benja" Baxter one of those Chosen to the office of Constable, on ye annual Meeting of said Town, on March first Last past. Then moved to the meeting that Benjan Owen might be accepted In his room in sd office of Constable, the Moderat . after some Debate Put ye Question Whether said Benjan Owen should be accepted to serve in ye Room and on ye accompt of Benja" Baxter aforesd, put to vote & it passed In ye affirmative,
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BRAINTREE RECORDS, 1744.
and then John Thomas also moved to said Meeting that Nathaniel Wales Secdus might be accepted in his Room and on his accompt, Put to Vote and it passed in ye affirmative that Nathaniel Wales Secdus Be accepted to serve in ye office of Constable in the Room & on ye accompt of said John Thoms and then also John White Moved that John Clark might be accepted to serve in his room & on his accompt and after some Debate sd White promising to give bonds for sd Clark's performance so that the sª Town doe not suffer any loss &c : ye Moderator then put ye Question whether John Clark should be accepted to ye sª service of Constable, In ye room & on ye accompt of sd John White, put to vote & it passed in ye affirma- tive.
Two Hundred pounds tax £200 And then proceeded to that of Raising Money &c, & then Voted, That two Hundred pounds old tenor be assessed on ye Polls & other Rateable Estates of yo Inhabitants of this Town, towards the necessary charges &c.
And then Voted, that ye Selectmen petition ye General Court for a consideration on ye extreordinary Tax or Taxes Lately Laid on us.
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