USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 43
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We cannot help asserting therefore that this part of the Act will make an Essential Change in the Constitution of Juries with Regard to us is directly repugnant to Magna Charta itself and will make such a distinction & Create such a difference between Great Brittain & America as we could not have expected from the Guardian of Liberty in both.
406
BRAINTREE RECORDS, 1765.
As these sir are our sentiments of that Act we the Freeholders & other Inhabitants Legally assembled for that purpose must enjoin it upon you to comply with no measures or Proposals for Countenancing the same or assisting in the execution of it but by all Lawfull means consistent with our allegiance to the King and Relation to Great Britain to oppose the execution of it till We can hear the success of the Cries & Petitions of America for relief.
[236] We further Recommend the most Clear & explicit assertion and vindication of our Rights & Liberties to be entered on the Public Records that the world may know in the Present & all future Generations, that we have a clear knowledge and a just sense of those Rights & Liberties and that with submission to devine Providence, we never can be slaves.
Nor can We think it advisable to agree to any steps for the Pro- tection of Stamp Papers or Stamp offices, good & wholesome Laws we have already for the Preservation of the Public peace
And we apprehend there is no further danger of Tumults & dis- orders to which we have a well grounded aversion, and that any extraordinary and expensive exertions would tend to exasperate the People and endanger the Public tranquility rather than the contrary
Indeed we cannot too often Inculcate upon you our desires that all extraordinary & expensive Grants & Measures may upon all occasions as much as possible be avoided.
The Public money of this Country is the Toil & Labour of the people who are under many uncommon difficulties & Distresses at this time so that all reasonable Frugality ought to be observed.
And we would Recommend Particularly the strictest care and Firmness to prevent all unconstitutional Draughts upon the Public Treasury. And we cannot avoid saying that if a particular enquiry into the state of that Treasury should at the first leasure oppor- tunity be promoted and an exact state of it published to the People it would have a very good & useful tendency
All which is Humbly submitted by the Comtee of the Town of Braintree to draw Instructions to their Representative.
Sam' Niles John Adams, Norton Quincy. James Penniman John Hayward,
Comtee
The above Report being read before the Town was voted ac- cepted & orderd a Copy of the same be Transmitted to their Representative.
[237] 1765 Sept. 30th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd to vote in Town affairs being assembled by adjournment from the 26th. of August last &c.
Comtee for Sale of the North Comons their Report. The Comtee appointed by the Town for the sale of the North comons offerd. their Report to the Town & therewith exhibited a Number of
407
BRAINTREE RECORDS, 1766.
Bonds payable to the Treasurer of sd Town being the produce of the sale of said Commons together with the account of their ex- penses. The Report as follows (viz) We the subscribers the committee, appointed to make sale of the North commons, beg leave to report that we have attended that service and sold the whole of sd comons, except as is hereafter excepted, according to our Commission, and taken Bonds of the Purchasers for the con- sideration of their Deeds. A List of which Bonds as also an ac- count of our services & expenses in taking the Plans of said com- mons and in selling the same giving the Deeds, and taking the Bonds is herewith exhibited and likewise a list of the Promisory Notes still remaining in our hands which, were given as earnest by those Persons who bid off Lotts in said commons but have refused to take Deeds.
We ask leave further to report that we have given Notice to the late Leasees of said North commons to meet us in order to an accommodation of the controversies between the Town & the said Lessees respecting the Fences & the Stones but we have not been able to accomplish such a settlement, one exception we are obliged to make in the List of Deeds & Bonds (viz) that to Luke Lambert which we have not been able to accomplish neither Bond nor Deed being executed according to expectation
John Adams. Sam11 Niles. Jonathan Bass.
The above Report was voted accepted and the accts. Bonds & Promisory Notes was Lodgd with the Treasurer of said Town
The amount of the whole of said Bonds, was
Aforesd. Commttee. directed relating to the Leases. Then Voted, The aforesaid Committee be directed and impowered to call on the late Leasees of said Comons to settle their obligations Re- specting the fences also to give an acct. of and secure the Town for stones carried off said Lands during the three last years of their lease, and those that neglect or refuse to settle with said Comtee within six weeks next ensuing said Committee to Prosecute & sue for the same in the Name & Behalf of the Town.
[238] 1766 March 3ª
Anno Dom. 1766. The Anniversary Town Meeting for the choice of Town Officers March 3ª 1766.
Warrants. 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 for the choice of Town officers and the transacting other affairs of said Town the particulars whereof as Inserted in the warrants, are as follows (viz)
After a Moderator chosen &c. &c.
First To choose all such Town officers for the ensuing year as the Law directs, also a County Treasurer and a Register of Deeds, for said County.
Secondly, To make Provision for Leasing out the Towns Lands,
408
BRAINTREE RECORDS, 1766.
as the Present Leases are nigh expired also to see if the Town, will remitt to the Purchasers of the North commons the Interest on their Bonds for one year.
Thirdly, To see if the Town will repair the Highways within said Town in the same manner it was done the two last years.
Fourthly, To see if the Town will allow the Surveyors that servd. for the year 1764, a Reward for their extraordinary service.
Fifthly, To consider off and resolve upon some effectual means for a passage for the fish calld alewives up monotaquot River (so calld)
Sixthly, To see if the Town will discontinue the way from the Towns way leading to the Town Landing so called along by Mr. Benoni Spears to the Brook.
Seventhly, To Hear the Report of any Comtee or choose any Comtees that may be necessary.
Assembled as aforesaid, chose Sam1 Niles Esqr. Moderator.
Elisha Niles chosen clerk & also Treasurer for the Town.
Constables. chosen Mr. Joseph Cleverly, Ens". Thomas Thayer & Benja Spear Jr
Wardens. Mr. Robert Williams, Jona. Bass 2ª. Balch Cowen, John Vinton, Capt Peter Thayer, Ens" Jona Wild.
Ens™. Thomas Thayer Presenting to the Town Stephen Penniman to serve in the office of a Constable in his the said Thayers stead.
Voted the sª Stephen Penniman be accepted to serve the town in the office of a Constable the ensuing year, Provided said Tho". Thayer Lodge a Bond with the Towns Treasurer for the Towns security as has been usual.
[239] Selectmen chosen Mr. Norton Quincy, John Adams Esqr. Dea". James Penniman, Ebenezer Thayer Esqr. Mr Benja Porter.
Then the following officers were chosen by nomination (viz)
Tithingmen. Peter Adams, William Bowditch, Lt. Seth Turner.
Fence Viewers. Eben'. Miller Esqr. Oliver Gay, Caleb Hobart Jr Abijah Allen, Joseph Wales Jr. Elijah French
Fire Wardens. Ephraim Blancher, Moses French Jr Wm. Har- mon.
Surveyors of Lumber. Wm. Field Jr. Benja Thayer, John Clark Lt Seth Turner.
Sealers of Leather. Abijah Allen, Benja Cleverly Jr.
Cullers of Staves. Benja Thayer, L' Joseph White, Lt. Seth Turner.
Sealer of Shingles. Benjamin Thayer.
Hogreaves. Joseph Nightingale Jr. Benja Baxter, Christopher Thayer Jr. Thomas Vinton Jr. Edward Cheesman, Naphtali Thay- er, Hezekiah Thayer Jr. Isaac Smith.
Surveyors of Highways. Eben'. Miller Esqr. Benja Bass, Daniel Arnold, Josiah Vesey, William White, Silas Wild, Elisha Niles, Tho'. Newcomb, James Thayer, Jona Thayer, John Stetson, Eph- raim Thayer 2ª. Elihu Adams, Hezh. Thayer Jr. Moses Spear.
Voted, The Highways within said Town be Repaired the ensuing
409
BRAINTREE RECORDS, 1766.
year by a Tax laid on the Inhabitants & Freeholders in the same Proportion as the last years.
Seperately, Voted, Eben". Miller Esqr. Sam11. Niles Esq' & Captn. Thomas Wales, a Committee to Lease out the Towns Land and to give and take security in the name & Behalf of the Town, said Comtee to Determine Respecting planting sd Land the next term.
The affair Respecting the Fish referd. to the adjournment of this meeting.
The motion of Discontinuing the Way in the sixth article negatived, as was also the motion of the North Comon Purchasers. for a Remittance under the second Article.
Votes, for a County Register were Collected & Delivered to Daniel Arnold Consle.
Then the Meeting was adjourned to monday the Seventeenth Inst. three o'clock P.M. at this place.
[240] 1766 March 17th.
The Freeholders & other Inhabitants of the Town of Braintree. Qualifyd by Law to vote in Town Affairs being assembled by adjournment from 3ª. of March Instant.
Voted, Mr. Joseph Cleverly be excused serving constable he- paying into the Town Treasury three Pounds Lawfull money
Then James Brackett Jr. was chosen Constable.
Voted, said James Brackett be allowed out of the Town Treas- ury, four Pounds, L.M. Provided he serve the Town in the office of a Constable, Benja Spear Jr. Presenting Eliphalet Sawin to the Town to serve in the office of Constable in the sd Benja. stead.
Voted, The sª Eliphalet Sawin be accepted to serve as Constable- Provided the sd Spear give Bond for the Towns security, also
Voted, the sd Benja Spear be allowed forty shillings L. M.
Oliver Gay Excusa serving as fence Viewer, Elijah Belcher, Tompson Baxter, chosen.
Voted, That no owner of any Mill or Damn across or upon Monotaquot or Moor's Farm Rivers (so called) nor any other per- son upon any pretence whatsoever shall draw up or shut down any Gate or make any ware or any obstruction whatsoever that may obstruct the Passage of the fish calld Alewives, up said Rivers or any Branchs. of sd rivers for the space of thirty days to begin from & after the last Day of April the ensuing year without Leave of the Comtee of the Town appointed for that purpose upon the Penalty of Twenty shillings for each & every such offence to be sued for & Recoverd. in any Court proper to try the same or before any Just- ice of the peace in the County of Suffolk, one Moiety of sd Penalty to be to the use of the Town, one fourth part thereof to the use of the Town's Comtee. who are hereby authorised, to sue for and recov- er the same and the other fourth part to the informer.
Also, Voted, That no person be permitted to fish for alewives in any part of said Rivers within the said Term of Thirty Days, ex- cepting on Tuesdays & frydays, and every Person or Persons presuming to fish on any other days for every such offence shall
410
BRAINTREE RECORDS, 1766.
forfeit & pay Twenty shillings to be sued for as aforesaid and ap- propriated as aforesaid.
Also, Voted, The above votes Respecting the fish be Presented to the Court of Gen" Sessions of the Peace for their approbation & confirmation for the year ensuing as a bye Law according to the Law of this Province in such cases made & Provided.
Then Capt" John Hayward, M' Jona. Thayer, & MT. John French were seperately nominated & Chosen a Committee to prevent ob- structions to the fish, in the rivers as aforesaid as also to pursue & prosecute the Towns Resolves respecting sd affair.
[241] The Town Treasurer offerd. a Report to the Town Re- specting a Province Note which has been Lodgd. in the Treasury as follows.
March 17th. 1766.
Agreeable to the Towns order in august last, I then Returnd a Province Note that I was charged. with as Town Treasurer, into the Province Treasury and received the principal sum Twenty seven Pounds which I have placed out at Interest for the Towns use and have a Bond for the same from Lieut. Joseph Hayward, Ens" Jona. Wild & Mr. Isaac Niles the interest of said Note one Pound eigh- teen shillings & five pence, I Recd. and Improvd. for the Discharge of the Towns Debts and have Credited the Town for the same.
Elisha Niles, Town Treasurer.
The above Report was voted accepted.
Then the Town appointed Dea". James Penniman, Eben'. Miller Esqr. & M. Azariah Faxon, a Comtee to settle accompts with the Town Treasurer
The Selectmen offerd. a Report to the Town Respecting ways laid out as follows (viz)
Braintree Febry. 28th. 1766.
We the subscribers Selectmen of the Town of Braintree being requested, by sundry of the Inhabitants of sd Town on the Day above sd went & viewed a way lately obtained by a Number of the Inhabitants of this Town of Samuel Belcher on the southerly side of the westerly part of his Home place next Mr. Sawens Land of which way they have a Deed of sd Mr Belcher of one Rod & half wide they desire it may be a Town way to help them mend sd way their being no other charge arising therefrom, which motion we look upon reasonable and recommend to the Town for their ac- ceptance.
We also Proceeded and laid out a way two Rods wide through Jonathan Thayers Land from Capt" Moses Curtis® Land that was formerly Daniel Thayer's to the Patten Line, so called to Bridg- water Line, Running as the way is now improved from Capt" Cur- tis Land Southerly until we come near a Brook where is a Large white oak stump with stones upon it we laid from thence to a white oak tree, from thence to a Black oak tree, from thence to a White oak tree, from thence to second White oak tree, from thence to a third white oak tree from thence to a fourth White oak tree and from thence to a Black oak tree in said Patten Line, all which trees are markd. The way to be on the West side of sd Bounds the
.
411
BRAINTREE RECORDS, 1766.
sd"Jonathan Thayer consenting and assisting in laying out sd way there being but little alteration, only to make it straight from what hath been long improved. James Penniman
Eben". Miller
Eben'. Thayer Jr Norton Quincy.
The above Report was Voted accepted.
[242] 1766 May 19th.
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 Se- lectmen) made choice of Ebenezer Thayer Esqr. to serve for & represent them in the Great & Gener' Court or assembly the year ensuing.
1766 Aug. 27th.
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 for Transacting the af- fairs of said Town the particulars whereof as inserted in the war- rants as follows, (viz) After a Modr. Chosen &c.
First, To Bring in valuations to the Selectmen.
Secondly, To raise money to defrey the charge of the Town the currant year.
Thirdly, To direct their Treasurer Respecting the Bonds from the Purchasers of the commons in his hands. Also To direct sd Treasurer respecting receiving & placing out such money as may be paid on sd Bonds either in whole or part as the Town may think proper.
Fourthly, To appoint some Persons to give Capt" Moses Curtis, a New Deed of the Land he Purchased of the Town as the old is consumed by fire.
Fifthly, To Hear the Report of any Comteer or choose any com- mittees.
Being assembled as aforesaid choose Dea". Penniman Modr.
The Valuations were called for by the Modr.
Money Raised £80 - Voted, That Eighty Pounds be assessed on the Polls & Rateable Estates within said Town for defreying the charge of sd Town the curt. year
Voted, That our Treasurer be desired to receive the interest due to the Town by Bond annually and if neglected by the Debtor to prosecute sª Bond or Bonds at his discretion. Also if any person decease in any Bond or any person be thought deficient by the Treasurer for the Debtor to procure such other Bond man or men as the Treasurer may look upon sufficient from time to time, or if neglected, to prosecute for the Debt & when Recd. to let it to others for security as above sd.
Treasurer directed. Voted, That the Treas". be directed to bring such alterations of the Towns Securities as he shall make, annually at the March meeting and offer the same to the Town for their acceptance.
412
BRAINTREE RECORDS, 1766.
Voted, The Town Treas". be desired and directed to give Ct Moses Curtis, in the name & Behalf of the Town a Deed of the Land referrd. to above provided it appear the former deed is con- sumd with special reference to sd former Deed.
[243] A Committee of the Towns offerd. their Report as fol- lows (viz)
The Committee appointed to endeavour a settlement with the late Leasees of the North Commons having made Several ineffect- ual attempts therefor finally came into the method originally pro- posd in the Lease (viz) to leave the determination thereof to five of the Inhabitants of the Town of Braintree whose advice is within exprest, Pursuant to which the following acct8. have been exhibited for the stones carried of sd commons
From Eben'. Thayer Esqr. £6-11-0 Lt. Benja Hayden 1- 5-5
Mr. James Faxon, 2-13-9
Braintree Augst. 27, 1766.
£10-10-3
Sam1. Niles y order.
Dispute with the Lessees of the North Comon settled.
Then the advice referd. to above was offerd. as follows.
Braintree 25th. November 1765.
By an instrument Dated the 21st. of October last past. We the subscribers were chosen arbitrators by a Committee in Behalf of the Town of Braintree on one part and the late Leasees of the North Commons in said Town on the other Part, and we having met, heard. & maturely considered what has been advanced by both parties, and having some doubt upon our minds whether we are fully authorized to determine in equity between the said par- ties and at the same time being very desirous to do our utmost to settle the controversies between the said parties and promote peace in sª Town, Do hereby offer our advice as follows, that is to say, We advise the said Comtee to settle with the sd Leasees for the stones taken from sd common upon their rendering acct® upon oath agreable to their covenants respecting sd stones in the Lease for said common without any consideration for the fences, Pro- vided the said Committee or the major part of them do in their own Judgment think (as we do) that this advice is equitable and we advise the Leasees to settle with the said Comtee if sª Comtee consent) upon the above Terms, and further in case the above Parties do settle agreably to our advice (then and only in that case) we agree to charge nothing for our own trouble in this arbi- tration the said Committee in behalf of the Town, paying the other charge of this arbitration
The above Report & advice was } voted accepted
J. Palmer. Seth Copeland Benja Beal Joseph White Samuel White
[244] 1766 augst. 27th.
The Town being assembled tho't Proper to enter into the
413
BRAINTREE RECORDS, 1767.
consideration of the compensation recommended by act of Par- liament to the sufferers by the late riots, nothing being referd thereto in the Warrants Notwithstanding, and after considerable debate thereon &c
Voted, Their Clerk be desired & directed to inform their Rep- resentative in the Name & behalf of the Town that they desire att all times to bear their testimony against such unlawful & abusive practices, but as they were in no wise accessary to the mischief committed they do not judge they can be justly charged with the Damages and desire he would conduct in that affair accordingly.
1766 Decr 1st.
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 for the Transacting some affairs of sd Town the particulars whereof as Inserted in the Warrants are as follows (viz)
After a Modr. Chosen &c.
First, To Renewedly instruct their Representative respecting a Compensation to the sufferers by the late Riots as they may think proper on hearing a Bill now pending in the House of Representa- tives with other things relative to that affair.
Secondly, To see if the Town will Petition the Gen" Court re- specting a fine of Ten Pounds imposd on the Town by the Justices of the Supr. Court in August last for not keeping their roads in repair.
Thirdly, To Hear the Report of any Comtees or choose any Com- mittees.
Assembled as aforesaid Sam11. Niles Esq™. Modr.
Compensation Granted. After reading the proposd Bill now pending in the House of Representatives, together with a letter from Mr Secretary Conway & two letters from the Agent of the Province relative to the compensation &c. The Question was proposd by the Modr. whether the Town would now direct their Representative at the access of the Gen11. Court to vote that sª Bill be carried into an act ; Voted, & passd in the affirmative
A Petition Respecting the fine of £10-Then a Petition pre- pard Respecting the fine was read before the Town and Voted, that Ebenez" Thayer Esqr. be desired to present sd Petition to the Gen1 Court for our relief.
[245] 1767 March 2ª.
Anno Dom. 1767. The Anniversary Town Meeting for the choice of Town Officers &c March 2ª 1767
Warrants. 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 said Town for the choice of Town Officers & Transacting other affairs the particulars whereof as Inserted in the Warrants are as follows, (viz) After a Modr. Chosen.
414
BRAINTREE RECORDS, 1767.
First, To Choose all such Town Officers for the ensuing year as the Law requires, Also a County Treasurer.
Secondly, To direct in what manner the Town will repair their High Ways the Present year.
Thirdly, To consider off and Act upon some method for the more effectual securing the Towns Money.
Fourthly To consider the Requests of any of the Inhabitants. of the Town respecting High Ways and act thereon.
Fifthly, To Hear the Report of any Comtees or Choose Comtees that may be necessary.
Moderator Clerk & Treasurer Assembled as aforesaid, choose Sam1. Niles Esqr. Modr. Then Elisha Niles was chosen Clerk, and also Treasurer for the year ensuing.
Constables Then proceeding to the choice of Constables, Benja. Baxter, Benja. Veasey, & Seth Mann were seperately chosen to that office.
Voted, Seth Mann be excused serving as Constable this Pres- ent year.
Wardens. Then the Law Respecting the Wardens was read before the Town. Wardens chosen, Ebenezer Adams Jr. James Thayer, Mathew Pratt, Edmund Billings Jona. Thayer Benja Porter.
Constables allowed. Voted, Benja Baxter be allowed Three Pounds out of the Town's Treasury, Provided he serve the Town in office of a Constable
Voted. Benja. Veasey be allowed forty shillings on the aforesd. conditions. Then sª Benja. Veasey presenting to the Town John Vinton to serve in the office of a Constable in his the said Veasey® stead. Voted said John Vinton be accepted to serve in the office of a Constable the present year Provided the sd Veasey give Bond for the Town security as usual.
Then Joseph Wales J' was chosen Constable.
Voted, Joseph Wales Jr. be allowed Forty shillings he serving in sª office
Voted, There be five Selectmen chosen in the usual manner Chosen, Mr. Norton Quincy Dea". James Penniman, Mr. John Adams, Esq'. Ebenezer Thayer Esqr. M. Jona. Bass.
[246] Voted, The Selectmen be desired & directed to Lay a Tax on the Polls & Estates within said Town for the Repairing their Highways the Present year and that every single Poll be laid at one day & half and the Estates in the same Proportion Con- forming to the Rule sd Tax was made by last year.
Voted, the Meeting be adjourned to Thursday 5th. Instant one o'clock P.M. at this place.
1767 March 5th.
The Freeholders & other Inhabitants of the Town of Braintree, Qualifyd. to vote in Town affairs being assembled by adjournment from the 2ª of March Instant &c
Voted, Mr Mathew Pratt be excused Serving as Warden this
415
BRAINTREE RECORDS, 1767.
year. Then Mr Joseph White was chosen into sd office in his stead.
Then the following officers were chosen by Nomination.
Tythingmen. Dea". Jonathan Webb, Sam11 Holbrook, John Stetson.
Fence Viewers. Ebenezer Miller Esqr. Moses French Jr. Nath1. Niles James Brackett Jr. Tho8. Newcomb, Joseph Belcher.
Fire Wardens. Tho® Faxon, 2d. James Faxon, Nath1. Hunt.
Surveyors of Lumber. Wm. Field Jr. John Curtis Jr. Benja Thayer, Nath1 Belcher, Lt. Seth Turner.
Sealers of Leather. Benja Cleverly Jr. Abijah Allen.
Cullers of Staves. Lt. Nath1 Belcher Lt. Seth Turner, Benja. Thayer, John Curtis Jr.
Sealer of Shingles. John Curtis Jun'. Benjamin Thayer.
Hog-reaves. Jonathan Baxter 2ª. Daniel Nightengale, Jona. Green, Josiah Hunt, Sam11. Newcomb, John Hollis Jr. Paul Clark, Jacob, Pain.
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