USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 42
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Benja Porter Eben". Thayer jr S Selectmen.
1764 March 19th.
The above Report being read before the Town was voted ac- cepted & approved.
Comtee for Settling the Treasury. The Comtee appointed by the Town in August Last to settle accompts with the Town Treasurer made their Report thereon which Report was voted accepted and the Ballce with the outstanding Debts carried into the Treasurers Book See Vol 2ª follo 105 & 106.
[227] 1764, May 21st.
Representative. The Freeholders & other Inhabitants of the Town being legally assembled by a Precept directed to the Select- men for the choice of a Representative made choice of Capt" Ebenezer Thayer Jr to serve for & Represent them in the Great & Gen11. Court the year ensuing.
1764 May 21st.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. to vote in Town affairs being assembled at the Meeting House in the middle Precinct, of sd Town on Legall warning for the Transacting the affairs of sd Town the Particulars whereof as Inserted in the Warrants are as follows (viz), after a Modr. chosen.
First, To hear the Report of the Comtee appointed by the Town to consider respecting mending the ways within sd Town by a Tax and act, thereon as the Town think proper, & to choose Surveyors of Highways, or any other Town officers they may be necessary.
Secondly, To consider & act upon a Memorial to be presented to the Town by a Comtee appointed by & Impowered for that pur- pose in the name & Behalf of the North Precinct in sd Town.
397
BRAINTREE RECORDS, 1764.
Thirdly, To see if the Town will sell the Privilege of taking alewives within sd Town.
Fourthly, To see if the Town will impower the Comittee that made sale of the South Comons to Receive back the Deed made to Dean. Allen & make a Deed of sd Land, to others & alter the security given to the Town, for the purchase of sd Lands.
Fifthly, To hear the Report of any Committee or choose any Comtees that may be necessary.
Modr. Being assembled as aforesaid, The Town made choice of M' Wm Penniman Modr.
The Committee Respecting the ways offerd. their Report to the Town as follows, (viz) The Committee appointed to consider of some Plan for Repairing the Highways having taken the same into consideration Report as follows, (viz)
That there be a Tax laid on Polls & Estates this present year for that purpose. That the Tax on Polls be two shillings pr Poll and the same proportion on Estates according to the Last Town tax.
Comtees Report Respecting the Reperation of Highways by a Tax - That the assessors be directed as soon as may be to assess, the Inhabitants accordingly and to deliver to the several survey- ors a List of those Persons that are or may be assigned to their respective districts with the several sums each one shall be respec- tively assessed and that each Person so assessed shall have Liberty if he see cause, to pay the sum he is assessed in sd. List or Tax in Working on the Highway, at the Rate of Two shillings pr. Day for a Man Two Shillings Pr Day for a pair of oxen and eight pence Pr Day for a Cart, and Two Shillings Pr Day for a Horse & Horse Cart. And if any person or Persons shall refuse or neglect to work out his or their proportion at the Rates aforesaid on their being Legally notified by the Surveyor in that case the surveyor or Surveyors shall return a List of such Delinquent or Delin- quents by the first of November next to the assessors with the sum due from each one Respectively which sum or sums of money remaining due on s' Tax the assessors are directed when they make the next Town Rate to add to such delinquents Town Tax in a distinct collumn by it self and, to empower the several Con- stables in their Warrants to them to collect the same & pay it in to the Town Treasurer, Excepting as hereinafter expressed, (viz) That if it should be found unnecessary to expend the full of that Proportion on the ways in the North Precinct that one half of such Surplusage be returned to the Precinct Treasurer of that Precinct and for the use of that precinct and that the other half be returned to the Town Treasurer, [228] and, further, that all such sums of money as shall come in this way into the Town Treasury be appropriated to the Reporation of Highways in the Town and to no other purpose, and that each Surveyor be impowered to hire Persons at Customary Reasonable wages, to work on the High- ways, to the amount of the sum to be worked out by his district which persons shall be paid by draught on the Town Treasurer.
all which is submitted.
Sam1 Niles Joshua Hayward John Adams
398
BRAINTREE RECORDS, 1765.
The above Report being Read was voted accepted and the Rep- oration of the Highways within sd Town to be managed in conform- ity thereto the ensuing year.
Then Capt John Hayward, Mr William Penniman & Mr. Ephraim Thayer were seperately voted a Comttee to inspect the River & keep open a passage for fish the ensuing year.
Voted, The Comttee that was appointed & impowered by the Town to make sale of the South Commons be impowered in the name & Behalf of the Town to Receive back the Deed made to Dea" Jona Allen, decsd. of part of sª comon Lands & to make & execute a good and authentic Deed or Deeds of the same Lands to others & likewise give up the sd Allens obligation to the Town & take secu- rity for the same from others, Provided it appears it may be done with out any manifest Injury to the interest of the Town.
Then Capt John Hayward, & Dea". Sam" Bass were chosen Surveyors of Highways.
1764, Augst. 27th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. by Law to vote in Town affairs being assembled at the Meeting House in the middle Precinct of sd Town to Transact the affairs of said Town the Particulars whereof as Inserted in the Warrants are as follows, (viz)
After a Moderator chosen &c.
First, To bring in Valuations to the Selectmen.
Secondly, To Raise money to defrey the charge of the Town the current year.
Thirdly, To hear the Report of any Committees or choose any Comtees that may be necessary
Being assembled as aforesaid, Dea". James Penniman Modr.
The Modr calld for valuations to be brot to the Selectmen.
Money raised. £120- Voted, one hundred & twenty Pounds be assessed on the Polls & Estates of the Inhabitants of sd Town to defrey the contingent charges.
Then Dea". James Penniman, Dea". Sam11. Bass, & Lieut. Benja Hayden, were appointed a comtee to settle accts with ye Town's Treasurer & Report.
[229] The Anniversary Town Meeting for the choice of Town Officers March 4th. 1765.
March 4th. 1765.
Warrant The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. by Law to vote Town affairs, being assembled at the Meeting House in the middle Precinct of sd Town for the choice of Town Officers and transacting other affairs of sd Town the particulars whereof as Inserted in the Warrants are as follows (viz)
After a Modr. Chosen &c
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 repair the ways within sd
399
BRAINTREE RECORDS, 1765.
Town in the manner they did the last year, with such amendments, as the Town may think proper.
Thirdly, To considering of Building or hiring a Work House and act thereon as the Town think proper.
Fourthly, To see if the Town will allow a Premium on Crows, Black birds & Squirrells for such a Term as the Town may think proper.
Fifthly, To consider off & act upon the affair of the Towns Com- mons as the Leases are nigh expiring, and at the expiration of sd Leases to proceed to the sale of the same if the Town think proper.
Sixthly, To see if the Town will allow Capt Thomas Wales for a way made thro' his Land & meadow for the building a Bridge at Post Island.
Seventhly, To Hear the Report of any Comteer or choose any Comtees that may be necessary, also to direct in what manner to warn Town Meetings.
Modr. Assembled as aforesaid chose Sam" Niles Esqr. Mod".
Cler. & Treas". Then Elisha Niles was nominated & chosen Clerk & also Treasurer.
Constables Then Joseph Field, John Ludden & Benje Thayer 2ª. were seperately chosen Const18.
Wardens. The act respecting Wardens being read Capt". Eben". Adams, Mr. Robert Williams, Thomas White, James Thayer, Benja. Porter & Lieut. Nath" Belcher, were chosen, said Porter excused & Lieu' Joshua Hayward chosen.
Then the Town proceeded to the choice of Selectmen.
Select men. Voted, That there shall be five Selectmen the Pres- ent year.
Then M. Norton Quincy, Eben'. Miller Esq". Capt. Eben". Thayer Jr Dea" James Penniman, & Mr. Benja Porter were chosen.
A dispute arising respecting the Legality of Dea". Penniman's choice, Voted, sª choice be confirmed.
Tythingmen. Then proceeded to the choice of Town officers by nomination as follows, (viz) Tythingmen, Benja. Bass, John Vin- ton, Joseph Wales Jr
Fence Viewers. Seth Spear Jona. Bass, Luke Lambert, Richard Thayer, Isaac Spear, Eliphalet Sawen.
Fire Wardens. Ephraim Blancher, Moses French Jr. William Harmon.
[230] Surveyors of Lumber. Benja. Thayer, Wm. Field Jr. John Clark & Lt. Seth Turner.
Sealers of Leather. Abijah Allen, Benja Cleverly Jr.
Cullers of Staves. Benja. Thayer, L' Joseph White, L' Seth Turner.
Sealer of Shingles. Benja. Thayer.
Hogreaves. Enoch Hayden Guilford Field, David Hayden, Abijah Hunt, Elijah Thayer, Benja Nash, Reuben Thayer David Sloan, Thomas Fenton 3d.
Surveyors of Highways. Josiah Capen, Benja Baxter, Mr. John Adams, Daniel Baxter, Caleb Hobart, Thomas Thayer,
400
BRAINTREE RECORDS, 1765.
Thomas Newcomb, Sam". Holbrook, Eliphalet Sawen, Jona. Bass, Isaac Spear, Sam". Wales.
allowed Voted to repair the Ways, within sd Town as the last year excepting as follows. Voted those that are excused their Poll Tax by the Selectmen be not allowed to work on the ways for their Estates otherwise than as they and the Surveyors agree.
Voted, Jonathan Hayward be accepted to serve in the office of a Constable in the stead of Benja. Thayer, Provided sª Benja Thayer give Bond for the Towns security as usual Likewise Silas Wild was accepted to serve in the stead of John Ludden in the same manner.
Voted, Joseph Field be excused serving Constable he paying to the Town Three Pounds
Voted That the Constables that serve the Town or Provide a man to the Towns acceptance be allowed forty shillings each.
Fish Comtee. Voted, That the Comtee appointed last year to keep open a passage for the fish & remove obstructions in the rivers, be renewed & confirmed.
Voted, the meeting be adjourned to to morrow one o'clock P.M. at this place.
1765 March 5th.
The Freeholders & other Inhabitants of sd Town being assem- bled by adjournment from 4th. Instant.
Voted to Dismiss the 3d & 4th. Articles in the warrants.
North Commons sold. Voted, That the North Commons (so called) be sold as soon as conveniently may be after expiration of the Leases of sd Lands
Voted, To raise a Comtee to Lay out sd Comon Lands into proper Lotts for sale.
Committee. Voted, sd Comtee consist of three only. Then Mr. John Adams, Sam11. Niles Esq. & Mr Jonathan Bass, were seper- ately chosen a Comtee for that purpose.
Voted, 'i hat the Comtee above named forthwith Proceed as the season will permit to Divide & Lay out the North Commons into Lotts suitable for sale taking care as far as possible, that there be sufficient springs of water in each, and that they make a new Plan of the same or make use of one that is now in the Possession of Deac". Penniman, and that the same Comtee. take due Care to observe how far the Leasees of sd Comons have or have not ful- fillª the conditions of their Lease and make Report of their doings. at the adjournment of this meeting.
Then Mr. Robert Williams was excused serving as a Warden this year & Mr. Benja Bass Chosen.
Then Mr. Thomas Allen, was chosen Constable.
Voted, Mr Edmund Billings, Capt. John Hayward & Eben". Miller Esqr. be a Comtee to view the way at the Bridge against Post Island and Determine the damage and report to the Town
Voted, The Meeting be adjourned to the first Monday in April, next at one o'Clock P.M. at this place.
401
BRAINTREE RECORDS, 1765.
[231] 1765 April 1st.
The Freeholders & other Inhabitants of the Town of Braintree, Qualifyd to Vote in Town affairs being assembled by adjournment from the fifth of March last.
Voted, to allow the Constable that may be chosen in the North Precinct Forty shillings of the fine to be paid by M' Allen, in addition to the general allowance of forty shillings Then Daniel Arnold was chosen Constable
Then Samuel Niles Esqr. M' John Adams, & Mr. Jonathan Bass, were seperately Chosen a Comtee to settle with the Leasees, of the North Comons respecting their obligation to the Town and Provided sd Comtee & the Leasees do not agree then said Comtee & the Leasees, mutually to agree on Men from some other Town or towns to determine the same.
Voted The above sd Comtee inform themselves in the best manner they can Respecting stones carried off sd comon since the com- mencement of the last lease, and that they settle with such persons as have carried off stones on the same condition as sett in the first Lease.
The Report of the Towns Comtee which was omitted in its proper place as it preceeded the votes Respecting the comons is as follows (viz)
The Comtee who was directed to take a Plan & make Division of the North Comons (so called) at the Meeting of the Town in March last past having proceeded on that affair and have taken a Plan thereof excepting the following peices (viz) about Three acres taken off by the Road at the swamp called purgatory swamp, about four acres taken off by the Road or town way be- tween Benja Savels & Joseph Crains, about one acre opposite to William Field's House part of which is fenced & improved by sd Field, about four acres near the Lane leading from sd commons, to Dea" Joseph Neals, and about four four acres taken off by the Towns Way East of Capts Bridge so called, and have Divided sd Commons (the above mentioned peices excepted) in the manner described on the Plans herewith presented.
Concerning the fence the Comtee find rail fence in some places where by the Leases stone wall was to be built and in other parts the stone wall not according to the Leases, But that in general the wall is well built & stands well. The Comtee also find by the accts of Mr Elisha Niles Town Treasr that sª Leases have not acctd. or settled with him for any stones taken off sd comons since the expiration of the first Lease, all of which is submitted by.
Sam1 Niles John Adams Comtee Jonathan Bass
Braintree, April 1st. 1765.
The above Report being read before the Town was Voted, accepted.
Voted the abovesaid Comtee Proceed as soon as conveniently may be to the sale of the sd North Commons the Lotts as exhib- ited on the Plan of sd Lands to be sold seperately at Public Ven- due to the highest bidder.
402
BRAINTREE RECORDS, 1765.
Voted, The above said Comtee have full power in the name & Behalf of the Town to make. & execute good & authentic Deeds of said Lands to the Purchasers.
Voted, That said Comtee take obligations of the Purchasers, of sª Lands said obligations to be made to the Treasurer of said Town of Braintree or to his successors in sd office for the use of the Town and that there be two sureties to the satisfaction of sd Committee bound with each purchaser, except where cash is paid.
[232] 1765 April 1st.
Voted, That said Committee make sale of those peices of Com- mon Lands that are not included in the Plan Exhibited to the Town, but Described in their Report to the Town.
Voted, That the aforesaid Comtee before they proceed to the sale of said North Comon Land make provision for such Drift Ways thro' such parts of sd Lands as may be necessary
Then voted the Meeting be adjourned to this Day four weeks, Two o'Clock Past Meridiem at this place.
1765 April 29th.
The Freeholders & other Inhabitants of the Town of Braintree being assembled by adjournment from the first of April currant, Voted, John Spear to be a Surveyor of Highways.
Voted, That any two of the Committee appointed to make sale of the North Common Lands be impowered to make & execute a Deed or Deeds of any part of sd. Lands to the other that he may purchase.
adjourned. Then Voted, the Meeting be adjourned to the Day the Meeting may be appointed in may next at 12 o'clock at this place.
1765 May 20th.
Representative. The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. to vote in the choice of a Representa- tive being assembled Pursuant to a Precept directed to the Select- . men for the choice of a Representative made choice of Capt Eben" Thayer Jun'. to serve for & represent them in the great & Gen" Court or assembly the year ensuing.
1765 May 20th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. to vote in Town affairs being assembled by adjournment from the 29th. of April last.
The Selectmen Presented to Town a List for Jurymen which being Read before the Town was voted accepted.
The Comtee appointed the fifth of March last to view the way over Post Island & Determine the damage, made their Report to the Town as follows - (viz)
Braintree, 22ª. April 1765.
. The Comtee appointed by this Town, to sett off & appraize a peice of Capt Thomas Wales® Land at post island for a way over
403
BRAINTREE RECORDS, 1765.
the Bridge which goes from sd Post island to Haugh's Neck met on the premises the day above sd & staked off a peice of sd land sufficient for sd way being five Rods wide at the widest place, con- taining Thirty five Rods, and do Report that this Town Pay to Capt" Thomas Wales Three Pounds Lawfull money & allow him to mow the grass growing on said Land yearly he giving The Town a good & legal conveyance of sd land
y order of the Comtee Eben Miller.
Voted, The above Report accepted. Capt. Thomas Wales being Present consented to the same. Then Elisha Niles Treasurer of sd Town was desird. & directed to Pay Capt Wales the aforesd sum & take a Deed of sª Land in the Name & Behalf of the Town
Voted, the Meeting be adjourned to the Day the meeting may be appointed in august next and after sª meeting.
[233] 1765 Augst. 26
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd to vote in Town affairs being assembled at the Meeting House in the Middle Precinct of said Town to Transact the affairs of said Town the particulars whereof as Inserted in the warrants are as follows (viz) After a Modr. chosen, &c
First, To bring in their valuations to the Selectmen.
Secondly, To raise money to defrey the charge of the Town, the currant year.
Thirdly, To Hear the Report of any Comtee or choose any Comtee that may be necessary.
Being assembled as aforesaid Dean. James Penniman Modr.
The Comtee appointed in august last for settling the Treasury made their Report to the Town on that affair which was voted ac- cepted and stands Recorded in the Treasurers Book, vide follio 2ª. page 112.
Remittance of Debts. Voted, The Debts due to the Town from Coll William Hunt, Sam" Spear Jr John Hayden & John Saunders, as pr 2ª augt exhibited be Remitted to them & sd Notes given up by the Treasurer.
Money raised £120 - Voted, One hundred & Twenty Pounds be assessed on the Polls & Rateable Estates within sd Town to defrey the charge the Ct. year.
Treasurer allowd 40/- Voted, That the Treasurer be allowed 40/ » annum for two years service expired in march last.
1765 Aug. 26th.
The Freeholders & other Inhabitants of the Town being assem- bled by adjournment from the 20th. of May last past.
Voted, Mr. Isaac Spear one of the Surveyors of Highways be desired to employ Laborers on the way under presentment to the value of Ten pounds at the Rate Labour is sett by the Town, and that such persons as shall work on sd way shall be Remitted for the same in the Next years Tax for the Highways.
Voted, Mr. Norton Quincy & Dean Penniman be desired to Lay before the Court an acct of the Provisions made Respecting Re- pairing sd way & pray favour.
404
BRAINTREE RECORDS, 1765.
Then the meeting was adjourned to this day 5 weeks 3 oclock P.M. at this place -
Omitted, above. Voted That the Treasurer be directed to Re- new the Province Treasurers Note of Twenty seven Pounds in his Hands or otherwise to draw the money & Place the same out at Interest for the use of the Town
1765 Sept 24th.
The Freeholders & other Inhabitants of the Town of Braintree, Qualifyª to vote in Town affairs being assembled at the Meeting House in the Middle Precinct of sd Town, Pursuant to Warrants for assembling sd Town, To inform their Representative Respect- ing their sentiments Relative to the Stamp Act and other matters of Grievance. Also to see if the Town will instruct their Repre- sentative on this important & allarming occasion.
Assembled as aforesaid, Mr. Norton Quincy Modr.
Voted Sam11. Niles Esqr. John Adams Esqr. M' Norton Quincy, Dea". James Penniman & Capt". John Hayward be a Comtee to draw instructions for their Representative & present the same to the Town. The aforesaid Comtee Presented the following draught To the Town.
To Ebenezer Thayer Esq.
Stamp Duty impleaded. Sir/ In all the Calamities that have ever befallen this Country, we have never felt so great a Concern nor so many allarming apprehensions as at this time. Such is our Loyalty to the King, such our veneration for both Houses of Par- liament, and such our Friendship to all our fellow subjects in Britain that measures which seem to discover any unkindness to- wards us in that Country are the more sensibly & intimately felt. And we can no longer forbear Complaining that many of the measures of the late ministry and some of the late Acts of Parlia- ment have a Tendency in our apprehension to divest us of some of our most Essential Rights and Liberties. We shall confine ourselves however chiefly to the Act of Parliament commonly called the Stamp Act, by which a very burthensome and in our opinion unconstitutional Tax is to be laid upon us all, and we are sub- jected, to numerous & enormous Penalties which are to be prose- cuted, sued for & recovered at the option of an Informer at a Court of Admiralty without a Jury. We have called this a burthensome Tax because the duties are so numerous & so high & the embar- rassments to Business in this infant, sparcely settled Country so great that it would be totally impossible for the people to subsist under it even if we had no controversy att all about the Right & authority of imposing it considering the present scarcity of money. We have reason to think the execution of that act for a short space of time would dreign the Country of Cash, strip multitudes of the poorer people of all their property and Reduce them to absolute beggary. And what the consequence would be of so sudden a shock and such a convulsive change in the whole course of our business & Subsistance to the peace of the Province, We tremble to consider.
1
405
BRAINTREE RECORDS, 1765.
We further apprehend this Tax to be unconstitutional. By the great Charter no americament shall be assessed but by the oath of Honest & Lawfull men of the vicinage. And by the same Charter no Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs, nor passed upon nor condemned but by Lawfull Judgment of his Peers [235] or by the Law of the Land. And we have always under- stood it to be a grand & fundamental principal of the British Constitution that no Freeman should be subjected to any Tax to which he has not given his own consent in person or by proxy. And the maxims of the Law as we have constantly Recd them are to the same effect. That no Freeman can be seperated from his property but by his own actor Fault. We take it clearly there- fore to be inconsistent with the spirit of the Common Law & of the essential Fundamental principles of the British Constitution that we should be subjected to any Tax imposed by the British Parliament because we are not Represented in that assembly in any sense unless it be by a Fiction of Law as insensible in Theory as it would be Injurious in Fact if so heavy a Taxation should be grounded on it.
But the most Grevious of all is the allarming extension of the Powers of Court of Admiralty. In the Courts one Judge presides alone, no Juries have any concern there, the Law and the Fact are to be decided by the same single Judge, whose commission is only during pleasure and with whom as we are told the most mis- chievous of all customs has become establishd that of taking com- missions on all Condemnations, so that he is under a pecuniary temptation always against the subject.
Now if the wisdom of the Mother Country has thought the Independence of the Judge so essential to an impartial Adminis- tration of Justice as to render them Independent of any power on Earth, Independent of the King the Lords the Commons & the People nay Independent in Hope & expectation of the Heir appa- rent by continuing their Commissions in case of a Demise of the Crown, What Justice & Impartiality are we at Three Thousand miles distance from the fountain to expect from such a Judge of Admiralty. We all along thought the Acts of Trade in this Respects a grievance, But the Stamp Act has erected a vast num- bers of Sources of New Crimes which may be Committed by any man and cannot but be committed by multitudes and Prodigious Penalties are annexd and all these to be tryed by such a Judge of such a Court. What can be wanting after this but a weak or wicked Man for a Judge to Render us the most sordid & forlorn of Slaves. We mean the slaves of a slave of the Servant of a Minister of State.
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