Records of the town of Braintree, 1640-1793 , Part 46

Author: Braintree (Mass.); Bates, Samuel A.
Publication date: 1886
Publisher: D.H. Huxford, printer
Number of Pages: 958


USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 46


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[268] Anno Domi 1772. The Anniversary Town Meeting for the choice of Town officers, &c March 20. 1772.


Warrants. The Freeholders & other Inhabitants of the Town of Braintree Qualifyd by Law to vote in Town affairs, being legally assembled at the Meeting House in the Middle Pre- cinct of said Town for the choice of Town Officers and for the transacting the other affairs of said 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


Secondly, To see if the Town will repair their Highways within sd Town in the manner usual.


Thirdly, To see if the Town will sell their Lands now leased out and act thereon as they may think proper.


Fourthly, Whether the Town will appoint an oration or Lecture upon Government or some branch thereof especially upon the civil & religious rights & Priviledges of the people to be delivered in the morning of each and every annual may meeting Day and act thereon.


Fifthly, To direct their Treasurer respecting the alteration of any of the Towns Specialties in his hands.


Sixtlily, To Hear the report of any committees or choose any Comtees that may be necessary


Moderator Assembled as aforesaid, Sam11. Niles Esqr. Modr.


Clerk & Treas'. Then Elisha Niles was voted Clerk and also Treasurer.


Wardens The act respecting Wardens being read the following persons were chosen to that office (viz Wardens Sam1. Bass 3d. William Whitmarsh Nehemiah French, Peter Etter, Moses French, Joseph White.


Constle Constables chosen, Edmund Billings, William Wild Junr. Dec". Jona. Wild.


Selectmen Then the following Gent". were chosen Selectmen viz. Mr Norton Quincy, Eben'. Miller Esqr. Eben'. Thayer Esq'. Mr. Nath1. Wales & Mr. Jona Bass.


Then the following Persons were chosen by way of nomination to the respective offices as follows, viz.


Assizers of Bread. Deac". Jona Webb, Bach Cowen, Seth Turner, John Vinton 2ª. David Holbrook, Natlı" Belcher Jun". Peter Clark.


435


BRAINTREE RECORDS, 1772.


Tythingmen. James Clark, Randall Wild, L' Joseph Hayward.


Surveyors of Lumber. Willm Field jun". Benja Thayer, William Penniman 3ª L' Seth Turner, L'. Nath" Belcher Jun".


Fence Viewers. Moses Brackett, Sam1 Holbrook, Isaac Niles Josiah Vesey, Isaac Thayer, Wm Linsfield, 3d.


Fire Wardens. Moses Adams, James Thayer, Richard Peirce, Jonathan Randall.


Cullers of Staves. Balch Cowen, Jacob Frieze, Lt. Seth Turner, Lt. Nath1. Belcher jun".


Sealers of Shingles. Thomas Vinton, Balch Cowen.


Sealers of Leather. Benja. Cleverly Junr. Abijah Allen.


[269] March 2ª. 1772.


Voted, To repair the Highways within sd. Town in manner as usual.


Surveyors of Highways. Moses Brackett, Benja Cleverly, Wm. Field jun". James Clark, Daniel Baxter, James Thayer, Abijah Allen, Wm. Hayden, Abia Thayer, Ichabod Holbrook, Thos. New- comb, Silas Wild, Caleb Hobart Junr. Nath1. Niles, Jon" Bass, Micah White, Mathias Cheesman, Lemuel Wales, Deac". Jona. Wild, Wm Linsfield, 3d.


Hoggreaves James Hayward, John Mills, Wm Hobart, Edward Faxon jun". Wm Allen, Ephraim Thayer 3ª. Philip Silvester, Edward Jones, James Niles, Silas Clark.


Voted, To allow Wm. Wild Jun". & Deach Jona Wild Forty shillings each for their service as Constables.


Constab1 Allowance Then the sd William Wild jun". Presenting Hobart Clark to serve as constable in his stead. Voted said Hobart Clark be accepted to serve in the office of Const in the place & stead of the said William Wild Provided the sd Wild give Bonds to indemnify the town &c.


The said Jona. Wild Presenting L' Joseph Hayward to the town to serve in the office of constle in his stead, voted sd Joseph Hay- ward be accepted on condition as above.


The article respecting the sale of the Town's Land Voted, Dismissd.


Oration. Voted, an oration relative to the civil & religious rights & Priviledges of the People be Delivd. on the Day the annual meeting for the choice of a Representative shall be appoint- ed in May next,


Voted, The Selectmen be desired to wait on John Adams Esq". with the above vote and request his assistance therein, and in case of his refusal to engage some other Gentleman of the Town to assist in that affair.


Adjourned. Then the meeting was adjourned to the Day the annual meeting shall be appointed in May next, and to succeed sd meeting.


1772, May 18th.


Representative. The Freeholders & other Inhabitants of the Town of Braintree Qualifyd by Law to vote in the choice of a Rep-


436


BRAINTREE RECORDS, 1772.


resentative also those Qualifyd. to vote in Town affairs being Assembled at the Meeting House in the Middle Precinct of said Town, Pursuant to warrants for the choice of a Representative, and also for raising money to Defrey the charge of the Town the currant year, Proceeded & made choice of Ebenezer Thayer Esq". to represent them in the Great & Gen1. Court the year ensuing.


Then Sam" Niles Esqr. was chosen Modr.


£100-Money raised Voted, that one Hundred Pounds be assessed on the Polls & rateable estates within sd town towards defreys the charge of the Town the currant year.


adjournmt. Then the adjournment of the Meeting from the 2ª of March last came forward.


Comtees for Treasy Report. The Committee for settling acct8. with the Town Treasr. offerd their Report to the Town which was voted accepted and stands recorded in sd. Treasurers Book vide Folio 2ª. Page 146.


Treas". allowd. £3-0-0 Voted, said Treasurer be allowed three Pounds apr annum for the two years past.


Voted, Micah White Surveyor of Highways, Seth French Hogg- reave.


Voted, The Selectmen be directed to make draughts on the sev- eral districts within said Town where they shall judge reasonable for necessary repair of the Towns way lying to the Northward of Blue Hill river.


Voted, The Selectmen of the North Precinct be desired to at- tend the Proprietors of the Pine Swamp, (so called) and allow their request as they shall judge proper in such manner as may be least prejudicial to the Town.


[270] Voted, Captn John Hayward, Edmund Soper & Moses French be a Comtee to remove the obstructions to the passing of the Fish and that sª comtee be directed to open what is called the middle passage near the Thayers Saw mill as it is represented the other passages that have been opened at sª Mill prove ineffectual.


Voted, said Committee be desired to regulate the affair of the Fish in conformity to the Law, also, voted that no person be al- lowd to fish at the falls where the fish pass, and that they be allowd to fish at the mills on Mondays, Wednesdays & Frydays only.


Then Messrs. James Brackett jun". James Faxon, & Nath1. Belcher Jun". were appointed a Committee to settle accts. with the Town Treasurer.


The Selectmen offerd. a Report to the Town of a Way laid out thro' the (Farm so called) as follows, (viz) The Selectmen of the Town of Braintree being requested by a number of the Inhabitants of said Town to lay out an open way from the country road near the House of John Borland Esqr. through the Farms (so called) to Dorchester & Milton lines, have attended that business & laid the same an open way one rod & half wide, beginning at Milton line. near the Town yard of Messrs. William & Ebenezer Glover and so to Dorchester line near the House of the late Mr. John Glover, and where said way is not one Rodd & half wide, to be widened on the Northerly side of the way, and from the barrs where the


437


BRAINTREE RECORDS, 1773.


Proprietors of the saltmarsh cart through near the House of Mr. James Clark, twelve lengths of fence to the westward of said Barrs to be moved on a straight line, also twelve lengths of fence on the bend opposite to the House of Mr. Newton Baxter to be moved on sª Glovers on a straight Line, and from said Dorchester line to the fourth Post Northward of the westerly corner of Mr. Oliver Billings land and eight lengths of fence to the southward of said Post to be sett on a Streight line. The way to be widened west- erly from the easterly fence as it now stands till it comes to the Land of Mr. Edmund Billings then on the east side till it comes to said Edmunds Barn then on the west side as far as said Edmunds land extends, then to extend an equal distance from the old cart way till it comes to the lane leading to the Dwelling House of Jo- siah Quincy Esqr. then to extend east & southeast from the wes- terly & Northerly fences till it comes to the country road near the House of John Borland Esqr. the Petitioners to pay all costs & Damages.


Braintree 27 April 1772. ø order Ebenr. Miller.


The above report being read before the Town was voted, ac- cepted on the condition therein expressd.


N.B. said Petition is lodgd in the clerks office with the above report.


[271] 1773 March 1st.


The Anniversary Town Meeting for the choice of Town Officers, March 1st. 1773.


Warrants. The Freeholders & other Inhabitants of the Town of Braintree, Qualifyd. by Law to vote in Town affairs being as- sembled at the Meeting House in the Middle Precinct of said Town for the choice of Town officers and the transacting the other affairs of said town the particulars whereof as inserted in the war- rants are as follows, viz.


First, To choose all such Town Officers for the ensuing year as the Law directs.


Secondly, To consider of a Letter communicated to the Select- men from the Town of Boston, Setting forth the state of our pres- ent grievences and act thereon as the Town shall think proper


Thirdly, To direct in what manner the ways within said Town shall be repaired the ensuing year, also to hear & act on a request of any of the Inhabitants of said Town respecting ways.


Fourthly, To Hear & act on a request of Ebenezer Clark re- specting a fine due to the Town


Fifthly, To Direct respecting the Towns Lands as the Leases are nigh expiring.


Sixthly, To receive the Treasurer's Report respecting the Towns Specialties and direct therein, also to raise money to defrey the charge of the Town the currant year.


Seventhly, To hear the report of any Comtee or choose any Com- tees that may be necessary.


Modr. Assembled as aforesaid Sam1. Niles Esq'. was chosen Modr.


438


BRAINTREE RECORDS, 1773.


Clerk & Treas". Then Elisha Niles was voted Clerk & also Treasurer


Comtee relative to the Corresponde Voted, The Pamphlet com- municated to the Selectmen from the Town of Boston, be com- mitted to a Commtee for that purpose for their consideration, and that they report thereon to the Town. Then Deac. Joseph Palmer Deac. James Penniman Capt Benja Beal, Deac Jonª. Webb & Deac. Jona Wild were chosen a Comtee for that purpose.


Wardens. The act respecting Wardens being read the follow- ing Persons were chosen


viz Joseph Field, Richard Thayer Jun". Capt Thos. Penniman, Nath11. Glover, Adam Hobart, Nath11. Niles.


Constables allowance. Voted, That Forty shillings only shall be allowd to each Constable that shall serve the Town the ensuing year.


Miller Esqr. his bounty to the Town. Then votes were brot in for Ebenr. Miller Esqr. who being present made a donation to the Town of ten Dollars which was gratefully accepted and voted, that the thanks of the Town be given him, for his aforesaid favour.


Constables chosen. Nath1. Niles accepted. Then Mr. Robert Williams Zachriah Marquand & Sam" Cheesman were chosen Constables. Then Sam11. Cheesman Presenting Nath11. Niles to serve the Town in said office in his place Voted, that the said Nath11. Niles be accepted to serve in the office of Constable the ensuing year, in the place and stead of the said Cheesman Provided said Cheesman give Bonds to the Town as usual in that case.


Three Selectmen only - Then Voted, That the Town will have three Selectmen only the ensuing year.


[272] Then Mr Norton Quincy, Deac James Penniman & Mr. Jonathan Bass, were chosen Selectmen for the ensuing year ..


Then the Town proceeded to the choice of Town officers by way of Nomination as follows.


Assizors of Bread. James Apthorp, Thompson Baxter, William Penniman, Thos. White Joshua Hayward Junr. L' Seth Turner, L' Nathaniel Belcher Junr.


Tythingmen. Sam11. Bass, junr. L. Benja Hayden, L' Seth Turner.


Surveyors of Lumber. Wm. Field, Jun'. Balch Cowen, L' Seth Turner, Lt. Nath11. Belcher Jun".


Fenceviewers. Joseph Baxter, Thomas Newcomb, Sam11. Jones, Seth Spear, William Penniman Jun". Joseph White Jun".


Fire Wardens. Moses Adams, James Thayer, Seth Man, jun". Cullers of Staves. Balch Cowen, Benjamin Thayer junr. L+ Seth Turner, L' Nathaniel Belcher jun".


Sealers of Shingles. Balch Cowen, Ambrose Salisbury.


Sealers of Leather. Joseph Cleverly 2ª. Benja. Ludden jun"


Surveyors of Highways. Lt. Jon" Rawson, James Brackett jun". Moses Brackett, Peter B. Adams, Capt. John Hayward L' Jonathan Thayer, L' David Holbroook, Sam11. Holbrook, John Vinton Sam- uel Curtis junr. David Linsfield, Benja Stetson, Ephraim Thayer 2d. Eliphalet Sawen, Capt. John White.


439


BRAINTREE RECORDS, 1773.


Hogreaves. Newton Baxter, Joseph Crane, Adam Hunt, James Faxon jun'. Meshec Penniman, James Denton, Simeon Hayward, & Barnabas Clark.


County Treasurer. Votes, for a County Treasurer, sealed & committed to const1.


The fine refd to in the fourth article remitted.


Voted, That a Committee be appointed to take under considera- tion the leasing out the Towns Land and make report to the Town at their adjournment in what manner the Towns interest may be secured & advantaged thereby. Then M' Norton Quincy, Sam11. Niles Esq'. Deae James Penniman, Mr. James Brackett jun". & Deac Jona Wild, were appointed a Comtee for that purpose.


Moses Arnold made application to the Town that in consideration of the late wound he has recd. by the breaking of a Gun and thereby renderd useless, in one hand, that the town remit to him his Prov- ince, Town, & County Taxes, which were voted, remitted.


The Committee appointed to take under consideration the Pam- phlet referd. to relating to our rights & priviledge &c made report to the Town as follows, (viz.)


1773 March 1st.


To the Town of Braintree in Town Meeting assembled


We your Committee have most seriously considered the matter committed to us this day & Report.


1st. That we apprehend the state of the rights of the colonists & of this Province in particular together with a list of the infringe- ments & violations of those rights as stated in the Pamphlet committed to us are in general fairly represented, and that the Town of Boston be hereby thanked for this Instance of their extra- ordinary care of the public welfare.


2ª. That all Taxations by what name soever called, imposed upon us without our consent by any earthly power are unconstitutional, oppressive & tend to enslave us.


3ª. That as our Fathers left their native Country & Friends in order, that they and their Posterity might enjoy that civil & relig- ious Liberty here which they could not enjoy there We their descendants are determined by the grace of God that our consciences shall [273] not accuse us with having acted unworthy such pious and venerable Heroes and that we will by all Lawfull ways and means preserve at all events all our civil and religious rights and priviledges.


4th. That by the divine constitution of things, there is such a connection between civil & religious Liberty that in whatever nation or government the one is crushed the other Seldom if ever survives long after, of this History furnishes abundant evidence.


5th. That all Civil officers are or ought to be Servants to the peo- ple & dependent upon them for their official support, and every instance to the contrary from the Governor downward tends to crush & destroy Civil liberty.


6th. That we bear true loyalty to our Lawfull King George the 3d. and unfeigned affection to our Brethren in Great Brittain & Ireland and to all our Sister Colonies, and so long as our mother country


440


BRAINTREE RECORDS, 1773.


protects us in our Charter rights & privilidges so long will we by divine assistance exert our utmost to promote the welfare of the whole British Empire which we earnestly pray may flourish uninter- ruptedly in the paths of rightiousness, till time shall be no more.


7th. That Mr. Thayer our Representative be directed & he hereby is directed to use his utmost endeavours that a Day of Fast- ing and Prayer be appointed throughout the Province for hum- bling ourselves before God in this day of darkness and emploring divine direction & assistance.


8th. That an attested copy of the Towns proceedings in this mat- ter be transmitted as soon as may be by the Town Clerk to the Boston Committee


All which is humbly submitted by the Towns Comtee & humble servts.


Braintree March 1st. 1773.


Joseph Palmer, Benja Beale. Jonathan Wild.


The foregoing report being read before the Town, was Voted accepted and also that the proposal of transmitting an attested copy of the Towns proceeding thereon to the Boston Comtee be complyd. with.


Then the meeting was adjourned to tuesday the sixteenth in- stant at one oclock P.M.


1773 March 16th.


The Freeholders & other inhabitants of the Town being assem- bled by adjournment from the 1st. of March currant.


Mr Robt Williams excusd as Conste Voted, That Robert Wil- liams be excused serving in the office of a Constable He paying into the Town Treasury forty shillings.


Consta. Than Zachariah Marquand was excusd as Consle for this year.


Then Joseph Brackett was chosen Const1, then excused for this year.


Then Elisha Glover was chosen Constable, also Mr Azariah Faxon.


The said Azariah Faxon Presenting to the Town Hobart Clark to serve in sd office in his stead. Voted, said Hobart Clark, be accepted to serve in the office of a constable the pres- ent year, Provided sd Faxon give Bond for the Towns security as usual.


Comtees report for leasing the Town's Lands. The Comtee to consider of Leasing out the Town's Land offerd their report as fol- lows, (viz) The Comtee to whom was referd the motion made by Deae Joseph Palmer, at the opening of this meeting on the first day of this inst March respecting Leasing out the Towns Land forever by Quit rent having met and duly [274] considered the proposed Plan, are mutually of the opinion that sd. Plan may at least prove disadvantage to both Lessor & Lessee and there- fore propose as our humble sentiments, That sd Towns Land be leased as formerly to the highest bidder not for a longer term than


441


BRAINTREE RECORDS, 1773.


fourteen years. That the Leasees Set up & maintain the half fence against the adjacent Proprietors. That the Leasees have liberty to take off their fence at the expiration of said Leases. That said Lands be excused from Taxes except Ministerial taxes. That the Comtee that shall be chosen to Lease out said Land be directed to view them that they may be the better able to Determ- ine when & how often said Lands may be tilled. That said Com- tec take proper caution concerning the security for the payment of the rents.


all which is humbly transmitted by Sam Niles


Norton Quincy James Penniman Comtee


Jonathan Wild, James Brackett jun"


The above report being read before the Town was Voted ac- cepted with an exception of the fourteen years proposd.


Comttee for leasing The Town's Land. Voted, That the Town's Land be Leased out for the Term of seven years only. Then Mr. Norton Quincy, Sam1 Niles Esq' & Ebenezer Thayer Esqr. were appointed a comtee for that purpose & to conform to foregoing re- port excepting as above.


Then Mathew Pratt junt. was chosen a Warden & Seth French a Hogreave.


Voted, That five Pounds be raised by assesmt on the Polls &c. and that the Selectmen be Directed to take care that said sum be expended to the best advantage towards the repairing the Blue Hill road and that as soon as the season will properly admit


Voted, That Mess's Norton Quincy, James Penniman, Elisha Niles & Jona Bass be a committee to Petition the Gen11 Court sett- ing forth the circumstances of sd Blue Hill road with the difficul- ties we labour under relative thereto, Praying we may have liberty to raise a Lottery and draw out such a sum as may be necessary for effecting such labour as may render said Road comfortable for travellers.


Then a Petition of a number of the inhabitants of sd Town directed to the Selectmen, Relating to a way from Mr. James Thayers shop to the Brook nigh Capt Nath1 Wales's was read be- fore the Town & ordered That the Selectmen consider the re- quests in sd. Petition that they treat with the Proprietors of the Lands thro which the way proposd passes and act thereon if it doth not appear prejudicial to the interest of the Town, & make return of their doings thereon at the adjournmt of this meeting.


Then the Committee for settling the Treasury made their report to the Town which stands recorded in the Treasurers Book, voll 2ª, foll 149.


Voted, Mr. Edmund Billings, Mr. Edmund Soper & Mr Nath1 Belcher junr. be a comtee to settle accts with the Town Treasur".


Voted, The meeting be adjourned to the Day the meeting shall be appointed in may next & to be after sd meeting.


442


BRAINTREE RECORDS, 1774.


[275] 1773, May 17th.


Representative The Freeholders & other inhabitants of the Town of Braintree being assembled Pursuant to a Precept directed to the Selectmen for the choice of a Representative made choice of Collo Ebenezer Thayer to serve for & represent them in the Great & Gen" Court the year ensuing.


1773 May 17th.


The Freeholders & other inhabitants of the Town of Braintree being assembled by adjournment from the sixteenth of March, last proceeded as follows.


Way thro' M' Vesey & others referd. Voted, The report of the way thro' Mr. Vesey's land & others be referd. to the Meeting in March next in order for the accommodation of difficulties relative thereto.


Voted, Nehemiah Hayden jun" a Hogreave the present year.


Voted, Five pounds be raised in addition to the five pounds raised in march last for repairing the Blue Hill road.


Money raised £100-0-0 Voted, That one hundred and fifty pounds be raised to defrey the charges of the Town the currant year.


Fish Comtee Voted, That Capt. John Hayward, Mr. Edmd. Soper & Mr. Moses French be a Comtee to take care the passages in the Dam standing across Monatiquot & Moors farm rivers be opend in the season of the fish running to & from the ponds and that they direct when & how many days in each week sd fish may be taken.


Voted, The Selectmen are desired & directed carefully to exam- ine into the dispute relating to the Bounds of the Precincts thro' the Blue Hill woods and ascertain & settle said Bounds and make report to the Town.


1774 January 10th.


The Freeholders & other Inhabitants of the Town of Braintree Qualifyd to act in Town affairs being assembled at the Meeting House in the Middle Precinct of sd Town Pursuant to legall Warrants The Particulars whereof are as follows (viz.) after a Moderator chosen &c.


Publick affairs. To take into consideration the circumstances of our Publick affairs, (in which not only every Town but every individual is interested) and to consider in particular the affair of the East India Company, sending their Teas into America subject to a duty here for raising a revenue out of us against our consent, and to act thereon as they may think proper.


Also, to direct the Selectmen relative to the affair of Benjamin Baxter late Const1. and to choose any Comtees that may be neces- sary - Assembled as aforesaid Deac". Josh. Palmer was chosen Modr.


Voted, To raise a Comtee of Fifteen five out of each Precinct to consider our publick affairs & report to said Meeting. Then Collo Josiah Quincy Deac" Josh Palmer, Mr. Norton Quincy, Capt.


443


BRAINTREE RECORDS, 1774.


Benja Beal, Mr. Edmund Billings, Elisha Niles, Eben'. Thayer Esqr. Mr. William Penniman, Mr Edmund Soper, Capt. Nath1. Wales, Mr. Jonathan Bass, Mr. Isaac Spear, Mr. Josiah Thayer, Mr. Mathew Pratt & Capt Peter Thayer were separately chosen a comintee for the purpose.


[276] 1774 Jany 10th


Public affairs. Then Sam1. Niles Esqr. Mr. James Clark & Mr. James Thayer 2ª. were appointed a Comtee to consider the affair relating to Benja Baxter & report to the Town. Then the Meet- ing was adjourned for one hour in order for sd comtee to prepare their report, And being returned the comtee relating to our Publick affairs offerd to the Town a report or rather a Draught for a report which being repeatedly read before the Town and several votes askd. respecting some particular parts of sd draught there was nothing determind the season being very cold & uncomfort- able it was movd. the meeting be adjournd.


Accordingly the Meeting was adjourned to Monday the Twenty fourth of this inst at one o'Clock P.M. at this place.


1774, Jan'y 24th.


The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. to vote in Town Affairs being assembled by adjournment from the Tenth inst. Collo Josiah Quincy the chairman of the above Comtee requesting the report offerd to the Town on the 10th. inst might be withdrawn : which was allowd. by the Town.


adjournmt. Then the Comtee offerd another report to the Town, there was also two other Draughts read before the Town : and after debate thereon, it was movd said meeting be adjourned.




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