USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 37
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1756 March 22d.
The Freeholders and other Inhabitants of the Town of Braintree, being Legally assembled by adjournment from the 15th. of March Instant.
Constables. Voted, Mr. John Borland be excused serving as Constable this Present year. Then Mr. Samuel Savel Jun'. was chosen as Constable for the present year.
348
BRAINTREE RECORDS, 1756.
Voted, John Russell be excused serving as Hogreave this Pres- ent year.
Voted, Mess". Belchers affair be Refd to the May meeting and a Comttee chosen provided they serve gratis to consider that affair and report to Town what may be best for the Town to do in said affair. Then the following Gen". were separately chosen a Com- mittee for that purpose, viz. Mr Josiah Quincy Capt. Ebenezer Thayer & Dea John Adams.
Leasees excused from paying taxes. Then the Question was put by the Moderator whether the Town would Reimburse the Leasees of the Towns & Commons lands (so called) such Rates or taxes as are imposed on said Land Voted, and contested Polld & determined in the affirmative.
[179] 1756 March 22d.
The Request of Mr. James Penniman respecting the alteration of the way voted Dismisd.
The selling wood referd The selling the Town's wood Referd. the meeting in May aforesaid.
Towns Cows to be sold. Voted, The Selectmen sell the Towns Cows and lodge the money in the Town Treasury. Selectmen Report of ways. The Selectmens Report of the way laid out from Sam" Haywards to Mr. Marquands accepted as after described.
The Selectmens Report of a way laid out from Mr Apthorps corner to Isaac Newcomb accepted as after described.
Voted, That Mess" James Penniman & Samuel Niles be a Comttee to settle the Line in controversy between Mr. Josiah Faxon & the Town Comons so called and if said Committee & Faxon cant agree said Comttee be impowered to submit the affair to Indeferent men mutually chosen by said Comttee & Faxon, and for them to make a final issue of sd controversy.
Mr. William Penniman & Mr. Isaac Newcomb, were chosen Sur- veyors of Highways.
Then Dear John Adams, Lieut Richard Thayer & Capt Thomas Allen were chosen a Comttee to settle accoumpts with Elisha Niles Town Treas' and lay their Report before the Town.
Elijah Belcher chosen a Hogreave for this present year.
The Report of the Selectinen of ways laid out which were read before the Town and accepted as follows viz.
Braintree May 14th. 1755.
Way thro' the South Commons. We the subscribers upon the desire of a number of the Inhabitants of the Town of Braintree, adjoining with the Leasees of the South Commons, met in order to lay out a Town Way on one part of said Commons, and having considered & carefully viewed the same . we proceeded as followeth viz. To lay out a way beginning at the way near M' Apthorps, thence adjoining all along to the Land of the Proprietors, in that quarter, until we came to the corner, of Mr. Isaac Newcombs fence, near his house, and have allowed the said way one rodd and half wide and no more, excepting in
349
BRAINTREE RECORDS, 1756.
some certain places, by reasons of some inconveniences (viz) one place Near M' Ephraim Prays House we have left out a small Hill of Rocky Land, and another near Mr. Benjamin Cleverly's House, and another near Mr. Joseph Prays barn, the above said way to be fenced out and lye open for the use of the Town.
John Adams Thomas Allen Jonathan Allen
Selectmen.
Way thro' ye North Commons. We the subscribers being re- quested by a great number of the Inhabitants of the Town of Braintree, to lay out a town way from Mr. Samuel Haywards through the Town's Comons We then on the 10th. Day of June 1755, Proceeded to lay out said way as follows, (viz.) one Rod & half wide, beginning at the Gate of said Hayward, so running as the way is Improved to Benjamin Savils field, so running thro. said Savils field to the East side of a wall belonging to Thomas Faxon from thence to the East of a small Maple Tree, so running to the west of a great Rock with stones upon it, and from thence to the West of another large Rock with stones upon it and from thence running as the way is Improved so far as the common goes. also a way beginning at the west side of a little round Hill leading from the above said way thro' a place called Purgatory across a corner of Mr Moses Pains Lot, so along aside of said Pains Lott and the Heirs of Josiah Faxon, so running to the way leading up by Mr Peter Marquands house.
Jonathan Webb, Samuel Bass Jonathan Allen, Thomas Allen,
Selectmen
The above are true Entrys of the Reports made by the Select- men, and accepted by the Town. Attest Elisha Niles Town Cler.
[180] 1756 May 24th.
Warrants. The Freeholders and other Inhabitants of the Town of Braintree Qualifyd by Law, being Legally assembled to Transact the affairs of said Town the particulars whereof as Inserted in the Warrants for the assembling said meeting are as follows viz. To Elect or Depute one or more Persons to serve for and Represent them in the Great & General Court or assembly for the year ensu- ing, And also after a Moderator chosen, To consider what may be done to prevent further charge to the Town by the laying open the way thro' the Towns comon so called and the Lands of Benjamin Savil and act thereon as the Town think proper.
Secondly, To consider of and act upon a way laid thro' Lands claimed by Capt Brackett
Thirdly, To act upon anything Referd over from the Town meet- ing in March last, and to hear the Report of any Comttee or choose any Comttee that may be necessary, Being assembled as aforesaid
Representative Moderator. The Town made choice of Honble John Quincy Esqr. To Represent them in the Great & General Court or assembly for the year ensuing by a majority of votes.
350
BRAINTREE RECORDS, 1756.
Likewise the aforesaid John Quincy Esqr. was nominated and cho- sen a Moderator for to Transact the other affairs of the Town sett forth in the Warrants.
Comttee to confer with the Leasees of the North Comons. Voted that a Comttee be raised to confer with the Leasees of the North Comons and consider the Proposals made by said Leasees and that the said Comttee have power to agree with the Leasees, Re- specting the opening the ways thro' said Lands and make Report to the Town at their adjournment.
Voted, said Committee consist of five.
Then the following Gent" were Seperately nominated and chosen
a Comttee for that purpose viz.
M' Josiah Quincy M' Samuel Niles, Lieut. Richard Thayer Maj" Crosbey & Dean Thomas Wales.
The second article respecting Capt Bracketts claim was Com- mitted to the aforesaid Comttee to endeavor an accommodation
Then the Town Voted Mr. Josiah Quincy their thanks for a Remittance of money due to the said M' Quincy from the Town by Maj" Crosbeys note for interest
The Comttee appointed by the Town to consider the M' Belcher affair made their Report to the Town and which is as follows (viz)
Braintree May 24th. 1756.
Mesr'. Belchers affair reported. The Committee appointed by the Town to consider said Report accepted by the Town, Then voted Mr. James Penniman be added to the former Comttee in the stead of Dea" Adams, and that said Comttee prosecute all Tres- passes and Repair the Towns part of fence pursuant to sd Report, which Report may be had at the Clerks, but thot unnecessary to Record.
Adjourned Then the Modr. with the consent of the meeting ad- journed to the thirty first Day of May Instant at one of the clock afternoon to this place.
1756 May 31st.
The Freeholders and other Inhabitants of the Town of Braintree being legally assembled by adjournment from the 24th. of May Currant.
Comttee on the North Comons Report. The Comttee appointed by the Town on the said 24th. of May to confer with the Leasees of the North Commons &c offerd their Report to the Town which is as follows.
[181] 1756 May 31st.
Comttee on the North Comons Report. The Committee appointed by the Town, to consider the proposal of & to agree with the Leasees of the North commons so called having attended that service beg leave to report viz.
1st. That your Committee upon examination find it necessary in order to fence in the Towns part of the way on both sides leading from the nine mile stake to Benjamin Savils land the way leading
351
BRAINTREE RECORDS, 1756.
from Eben' Bass to Peter Markquands and the other way leading towards aldridges Farm, there should be at least 920 Rods of Fence or Wall exclusive of the fence sd Leasees are obliged by their Leases to make.
2dly That your Committee have proposed to the Leasees afore- said to make a good & sufficient wall fence on each side the way above mentioned on condition the Rents which by their present Lease they are obliged to pay to the Town are Remitted to them by the Town and on condition the Town will further grant to them a New Lease of the premises for three years to commence at the ex- piration of the present Lease. The stones that may be taken off sd Commons during sd. three years, to be under the future Regulation of the Town.
3 Your Comttee wd report in favr of sd Leasees that the Duty upon the Stones for the time past be remitted to the Leasees.
Braintree May 31st. 1756
Josa Quincy Joseph Crosbey Richard Thayer Thomas Wales Sam1 Niles Jun".
Comttee
Comttee Report accepted. After reading the above Report before the Town and large Debate being had thereon the Question was put by the Modr whether the Town would accept said Report pro- vided the Leasees make a wall fence Round Benja. Savils land as the way was laid out untill it comes to the way leading thro said Savels field, voted and passd in the affirmative.
Comttees to grant New Leases of the North Commons. Voted, a Comttee be raised to perfect the agreement with the said Leasees and make new Leases of said Lands, pursuant to the Comttees Report.
Then the following Gent" were seperately nominated & Chosen a Committee to perfect that affair viz. M' Josiah Quincy, Capt. Thomas Allen, & Capt Thomas Wales.
1756 June 21st.
Warrants. The Freeholders and other Inhabitants of the Town of Braintree Qualifyd by Law to Transact Town affairs, being Legally assembled to Transact such affairs of sª Town, the par- ticulars whereof as Inserted in the Warrants are as follows viz. After a Moderator chosen.
First, To consider off and resolve upon some effectual method to settle the Difficulty lately risen between the town Leasees of the South Comons in Braintree, by reason of the way lately laid out by the Town thro said Land
Secondly, To settle a Difficulty between said Town and Mr. Isaac Newcomb and the Leasees aforesaid.
Thirdly, To see if the Town will come into any method by agreeing with the Leasees of the Towns Commons so that any of the Inhabitants of said Town may have Liberty to get stones for their use.
.
352
BRAINTREE RECORDS, 1756.
[182] Fourthly, To see if the Town will build a House or Provide some convenient place to keep the Town Stock of Powder &c
Assembled as aforesaid, chose Lieut John Hunt Moderator.
Leasees of the South Comon allowance. After considerable debate on the first article in the Warrant the Question being put by the Modr whether the Town would Remit to the Leasees of the South Comons the Rents for the two first years for the Damage said Leasees have sustained, and to make said Leasees a Reason- able allowance for the extraordinary wall they are to make by reason of the way that is laid out thro said Lands and the Leasees to leave said wall at the expiration of said Lease for the use of the Town Voted & passª in the affirmative. Voted said Leasees have liberty to keep up Gates six months on the Premises
Voted, to Exchange Leases with Mr Isaac Newcomb.
1756, Augst. 23ª
The Freeholders and other Inhabitants of the Town of Brain- tree Qualifyd by Law to Transact Town affairs being Legally assembled to Transact such affairs of said Town the particulars whereof Inserted in the Warrants are as follows, viz.
After a Moderator chosen.
First, To bring in their valuations to the Selectmen.
Secondly, To Raise Money to Defrey the necessary charges of the Town the ensuing year.
Thirdly, To consider off and act upon moving the Grammar School if the Town think proper
Fourthly, To hear a Request of some of the Inhabitants of said Town Respecting altering the way round Benja. Savels field and act thereon as the Town think proper.
Fifthly, To Hear the Report of any Comttees or choose any Comttees That may be necessary
Being assembled as aforesaid choose Joseph Crosbey Esqr. Modr. Then the Moderator called for the Valuations as aforesd.
After Debate &c Voted, the meeting be adjourned to this Day fortnight, one of the clock A.M. to this place.
1756 Sept" 6th
The Freeholders & other Inhabitants of the Town of Braintree being legally assembled by adjournment from the 23ª of August last.
£150 - Voted, that One hundred & fifty Pounds Lawfull money be assessed on the Polls and Rateable Estates within said Town to Defrey the necessary charges of said Town the currant year
Voted, the affair Respecting altering the way, be suspended to the next Town Meeting.
Then the Comttee appointed by the Town the Twenty Second of March last to settle accts with Elisha Niles Town Treas'. made their Report to the Town which said Report with the List of out- standing Debts as they stand Inserted in the Treasurers Book Follio 11 pages 78-79-80, was accepted
353
BRAINTREE RECORDS, 1757.
[183] March 7, 1757
The Anniversary Town Meeting, for the choice of Town Officers &c Anno Domini 1757.
Warrants. The Freeholders and other Inhabitants of the Town of Braintree, Qualifiyd by Law to vote in Town affairs being as- sembled at the meeting house in the Middle Precinct of said Town to Transact such affairs of said Town the particulars whereof as Inserted in the warrants for calling said meeting are as follows viz. After a Moderator Chosen.
First To Choose all such Town Officers for the ensuing year as the law directs also a County Treasurer.
Secondly, To see if the Town will remove the Grammar School so that the North Precinct may have the benefit of a moving School
Thirdly, To see if the Town will mend the ways in said Town by a Rate or in any other method the Town shall think proper.
Fourthly, To see if the Town will order an open way to be laid thro to Germantown so called.
Fifthly, To see if the Town will give up the Leases of the Towns Land to such Persons as desire it, and also sell the wood on the Towns Land.
Sixthly, To see if the Town will alter the way laid round M Benja. Savels field and carry said way thro' said savels field.
Seventhly, To know the Town's mind Respecting a peice of Land enclosed by M' John Mills near the old meeting house which its apprehended belongs to the Town, and act thereon
Eighthly, To see if the Town will release Seth Copeland Secd. a fine due to the Town.
Ninthly, To consider a Request of M' Thomas Faxon late Con- stable, Respecting some Rates committed to him which he cant collect and act thereon.
Tenthly, To consider an accot of Lieut Nathaniel Belcher or any other that may be laid before the Town and act thereon.
Eleventhly, To hear the Report of any Comttee or Comttees or choose any Committees that may be necessary, also to hear & Determine upon a List of Jurors prepared by the Selectmen.
Moderator. Being assembled as aforesaid choose Coll Josiah Quincy Modr.
Town Clerk. Then the Modr called for votes for a Town Clerk which being brot in & examined it appeared that Elisha Niles was Chosen.
Then Elisha Niles was nominated & chosen Treasurer for the ensuing year.
Then the Question was put by the Moderator whether the Town would have five Selectmen for the ensuing year passd in the affirma- tive
Dissents entered The votes being called for brot in & exam- ined it appeared that Coll. Josiah Quincy, Mr. Jonathan Allen, M' Benjamin Porter were chosen by a majority of votes, Capt Richard Brackett & Capt Eben" Thayer Jun'. were chosen accord- ing to the usual custom of said Town as having more votes than
354
BRAINTREE RECORDS, 1757.
any others, and were Declared Selectmen, by the Modr according to the custom of said Town, upon which and much Dispute, Re- specting the Legallity of the aforesaid choice Messrs. William Pen- niman, Samuel Bass, Peter Adams, Jonathan Rawson, Ebenezer Adams, John Adams, John Hunt, Sam11 Bass Jun'. Josiah Capen & John Clark Entered their Dissent against the proceedings of the sd meeting.
[184] After much Debate Respecting the Legallity of Capt Brackett & Capt Thayers choice as Selectmen the Question was put by the Modr. whether Town would then confirm said choice voted, and passed in the affirmative
Adjourned - Then voted the meeting be adjourned to Wednes- day the Sixteenth Day of March Instant nine o'clock forenoon at this place
1757 March 16th.
The Freeholders and other Inhabitants of the Town of Brain- tree being assembled by adjournment from the seventh of March Currant.
The votes being called for Constables, being brot in & exam- ined it appeared that Samuel Marsh, Samuel Thayer & Seth Porter were chosen.
Voted To have Nine Surveyors of Highways in said Town & three in each Precinct. Then the following persons were seper- ately Nominated & chosen to the Respective offices as follows viz.
Wilson Marsh, Sam11 Bass Jun'. Nathan Spear, Caleb Hobart, Sam Niles Esq' William Penneman, Dea. Sam11. Bass, Amos Studson, Aaron Hayward, Surveyors of Highways. Peter Adams, Thomas Thayer, Mathew Pratt, Tythingmen Nathaniel Belcher, Maj" Eben" Miller, John Thayer Jun' Caleb Hobart Jun'. Jona- than Bass, & Jonathan Porter Fence-Viewers. Napthali Thayer, Benjamin Silvester & Zachariah Markquand fire Wardens.
William Field Jun'. John Field Coll Hunt & Joseph White Sur- veyors of Lumber.
Joseph Field & Abijah Allen Sealers of Leather.
Thomas Crosby & Samuel Hunt Cullers of Staves.
Jacob Hedrick, Robert Peacock, Isaac Tirrell, Elisha French, Sam" Nash, Daniel Spear, Deering Spear, Jun'. John Bagley Hog Reaves.
Voted, Mr. Sam11. Marsh be excused serving Constable this year Then Mr John Borland was chosen Constable.
Voted, that the Grammer School be kept the one half the time in the North Precinct the other half in the Middle Precinct the ensu- ing year.
Voted, that an Equal sum as shall be necessary for the main- taining a Grammer School be Employed under the Direction of the Selectmen for writting & Reading Schools in the several parts of the North & Middle Precincts.
Voted, that the South Precinct draw their Proportion of School money as usual
355
BRAINTREE RECORDS, 1757.
Voted, The meeting be adjourned to monday the twenty eighth Day of March Instant nine of the Clock to this place.
1757 March 28th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd by Law to vote in Town affairs being assembled by adjournment from the sixteenth of March currant.
The Article of Mending the ways by a Rate, Negatived.
Then the votes were called for a Constable for the North Precinct which being brot in & examined it appeared Mr. Benjamin. Bass was chosen.
Mr Abijah Allen Surveyor of Highways.
[185] Voted, that the Town take into their consideration by a Comttee the complaint of Messrs Belcher's and make Report at the meeting in May next, Then Messrs James Penniman, Sam" Niles Esqr. & Joseph Crosbey Esq. were chosen a Comttee for that affair.
Voted That the affair of selling the Town's wood be postpond to May Meeting and the Committee appointed to prosecute Tress- passers on the Town Lands be desired & directed forthwith to prosecute such persons as have Trespassed on the Town Land
Voted, Seth Copeland Secd. be Remitted the fine due to the Town -
Voted, that Capt Richard Faxon, Mr. Peter Markquand & M Eben'. Adams, be a Committee to take the affair Respecting altering the way round Benjamin Savels field into their considera- tion and endeavour an accommodation between the Town the said Benja Savel & the Leasees of the North Comons, and report to the Town, at the Meeting in May next.
Voted, M' Thomas Faxon Late Constable be Remitted, Thirteen Pounds, one shilling & three pence, Lawfull money on acct of Rates committed to him, which he cant collect.
Voted, the said Faxon be Remitted Three Pounds seven-shil- lings & five pence three farthings on acct of Maj Belchers rates.
Also Joseph Parmenters Ruth Stedman Joshua Spriggs, Josiah Rawson, Jona. Rawson, Decd. their Rates be Remitted to the said Faxon, also five shillings & five pence part of Joseph Owens rates.
Voted, Dea". John Adams be a Surveyor of Hemp & Flax, and Mr. John French Informer of Deer.
Voted, that no persons whose names are not in the list for Voters shall be put into the Jury Box.
Voted, That a Committee of three be chosen to examine the Selectmens accts for the year past.
Voted, that James Penniman, Capt Tho". Allen & Sam" Niles Esqr. be the Committee for the purpose aforesaid.
Voted, that this meeting be adjourned to the Day the Meeting shall be appointed for the annual meeting in May next.
1757 May 16th.
The Freeholders & other Inhabitants of the Town of Braintree
356
BRAINTREE RECORDS, 1757.
Qualifyd to vote in Town affairs being mett by adjournment from the twenty eighth of March, last &c.
Voted, Majr Crosby, & M' Samuel Bass, be added to the Com- mittee appointed to endeavor an accommodation between the Town, Benja Savel & the Leasees of the North Comons Respecting the way &c. and Report to the Town at the adjournment.
Voted, the meeting be adjourned to monday the Thirtieth Day of May Inst. two o'clock P.M. at this place.
[186] Anno Domi. 1757.
1757 May 16th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd, by Law to vote in the choice of a Representative being met Pursuant to a Precept & Not agreing so as to make a choice voted said Meeting be adjourned to Monday the Twenty third day of May Instant at one of the clock afternoon, at this place.
1757 May 23d.
The Freeholders and other Inhabitants of the Town of Braintree Qualifyd by Law to vote in the choice of a Representative being Legally assembled by adjournment from the sixteenth Instant & Made choice of Coll. Josiah Quincy for their Representative
Then Voted that the Representative of this Town for the Pres- ent year is hereby desired & Instructed to use his best endeavours to prevail with the Gen" Court to Project & pursue some better & less oppressive Method of raising soldiers for his Majestys service than that of Fine & Impress which has hitherto been in practice in this Government.
1757 May 30th.
The Freeholders & other Inhabitants of the Town of Braintree being, Legally assembled by adjournment from the sixteenth Instant.
The following Question was put by the Moderator (viz) whereas, Mr Benja. Savil hath this day agreed forthwith to make & main- tain seventy eight Rods & half of stone wall on one side of the way leading thro' his field as he shall chuse, and whereas the Leasses of the North Com"s so called have agreed to make Sixty seven Rods of wall of equal goodness, on the other side of said way on condition said wall being so made & finishd as aforesaid whether that Fifty two Rods & half of wall of equal goodness, be made, at the expense of the Town in lieu of his half fence against the Comon on the sº side of his field which the said Savil is to maintain & any demands therefor he agrees to remit to the Town each of the parties to have the Benefit of the stones in ye Comin". & in sd Savels field as they may have occasion for them without Prejudice to each other Voted & passd in the affirmative
Voted, the way laid Round said Savels field be Discontinued.
Voted Mr Markquand, Mr Caleb Hobart & Mr. Eben' Adams be a Comttee to perfect the Towns part of wall.
Voted, Mr. Nathaniel Belcher be allowed three Pounds Lawfull money on acct. of building a bridge.
357
BRAINTREE RECORDS, 1757.
The Committee appointed to consider the Messrs Belchers affair Reported to the Town as follows (viz) We the subscribers being appointed by the Town (a Comttee. ) to take into our consideration the complaint of Mess™8 Moses & Nath" Belcher upon the Lower Town Land have viewed the same and are of opinion that there be an allow- ance made to sd Belcher upon the improvement of sd Land for the year past and two years to come for Damages they have & prob- ably may sustain upon the premises the sum of Twelve Pounds Lawfull money, we find also that there is lost 75 Rails & 9 five hold Posts & 8 three hold posts 17 posts in all on the town part of fence which we humbly Leave to the wisdom of the town to Determine whether the Town or the Leasees shall suffer the loss.
Joseph Crosbey James Penniman . Comttee Sam11 Niles Jun"
The above voted accepted and twelve pounds allowed to the said Belchers, pursuant to said Report
[187] The Committee appointed to settle the line in controver- sy - with Josiah Faxon offerd their Report to the Town (as follows) Comttee for settling the line with Josh Faxon, Report. At a Town Meeting March 26th. 1756, We the subscribers being chosen & Impowered to settle the line in controversy between M' Faxon and the Towns Commons (so called) Did use our endeavour to settle said line among ourselves, but could not agree thereon, and finally we mutually agreed to submit the final settlement of said Line to Coll. Benjamin Lincoln, Coll. Joseph Gooch, & Mr Ezra Whitmarsh who came upon the Land in dispute & Determined that said line should forever hereafter be according to the agree- ment herewith presented to this meeting, and we would Propose to the Town That this agreement be put upon the Town Record
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