USA > Massachusetts > Norfolk County > Braintree > Records of the town of Braintree, 1640-1793 > Part 47
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Comtee on Benja Baxters affairs. Then the Committee relative to Benja Baxter's affair offerd an oral report to this purpose. That the Selectmen be desired & directed carefully to examine into sd Baxter's title of the House & Land at Roxbury and make report to the Town at the adjournment.
Then the meeting was adjourned to the Day the annual meet- ing shall be held in March next.
The Anniversary Town Meeting for the choice of Town Officers &c.
1774, March 7th.
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 &c. and for transacting the other affairs of said Town the Particulars whereof as inserted in the Warrants for sª meeting, are as follows, (viz) After a Moderator chosen &c
First, To choose all such Town Officers for the ensuing year as the Law directs, also a County Treasurer.
Secondly, To direct respecting the repairing the Highways with- in sª Town the ensuing year.
Thirdly, To consider and Determine upon some Method to re-
444
BRAINTREE RECORDS, 1774.
trench the charge of the Town relative to the Poor, by hiring or building a convenient House for their reception, and engaging some suitable Person to take care of the same.
Fourthly, To hear the request of any Person respecting High- ways.
Fifthly, To see if the Town will allow swine to run at large.
Sixthly, To hear the report of any Comtees or choose any Com-
tees that may be necessary.
Modr. Being assembled as aforesaid Deac" Joseph Palmer Modr.
Cler. & Treas". Then Elisha Niles was Nominated & chosen Cler. also Treas".
[277] The Warden act being read the following Persons were chosen (viz)
Wardens. James Clark, Robert Hayden, Nath1 Payne Ebenez". Fields, Ambrose Salisbury, Joshua Hayward jun".
Constables allowance Voted, The several Constables that serve the Town the ensuing year as Collectors be allowd Forty shillings each.
Then Deacn. Joseph Palmer was chosen Const who refusd serving as incompatible with his church office.
Constables Then William Glover, Zachariah Marquand & Nath1. `Niles were chosen Cons1.
Overseers of the Poor. Voted, That the Town choose overseers of the Poor Seperate & distinct from the Selectmen.
Selectmen. Voted, That there be only three Selectmen the en- suing year.
Then Mr. Norton Quincy, Eben". Thayer Esqr. & Mr. Jona Bass were chosen
Voted, That there be three Overseers of the Poor one in each Precinct
North Prect Overseer. Then Mr. James Brackett jun" was cho- sen for the North Prect.
adjournm Then the meeting was adjourned to Fryday the eleventh inst. at Ten o'clock, A.M. to this place.
The meeting adjournd from the 24th. of February last to this Day was also adjourned to the sd eleventh inst to this place.
1774 March 11th.
The Freeholders & other Inhabitants of the Town of Braintree, being assembled by adjournmt from the 7th. instant.
Warden. Eben'. Field, being excused as Warden Joseph Bax- ter was chosen.
Zachariah Marquand Presenting Hobart Clark, to serve as Constª. in his stead said Marquand refusing giving Bond to the Town as has been practiced. Ebenezer Thayer Esqr. & Elisha Niles offerd their Bond to indemnify the Town from any damage they should sustain by any default of sd Clark in sd office.
Voted, The said Hobart Clark, be accepted as consle on the above conditions
Then proceeded to the choice of Town officers by way of Nomi- nation
445
BRAINTREE RECORDS, 1774.
Assizors of Bread Joseph Bass, Thomas White L' Seth Turner Wm Vesey jr Christopher Thayer Jun". L' Nath1 Belcher jun".
Tythingmen. Jonathan Bass, Moses French, Baccheus Thayer Surveyors of Lumber Eben' Field Balch Cowen Wm Penniman 3ª. Eliphalet Sawen Lt Nath1 Belcher.
Fence Viewers. Nath1. Glover, Micah Wild Joseph Tower, Jo- seph Cleverly 2ª Nath1 French William Linsfield 3d.
Fire Wardens. Moses Adams, James Thayer Seth Man jun".
Cullers of Staves. Balch Cowen, Benja Thayer, 2ª. Lt Seth Turner L' Nath1 Belcher
Sealers of Shingles. Balch Cowen Ambrose Salisbury.
Sealers of Leather. Joseph Cleverly 2ª. Benjamin Ludden jun™.
Voted, That the Highways be repaired in the same manner as last year.
Highways. Voted, That each Poll within sª Town be assessed three shillings or one Day & half towards repairing the Highways and that the estates be in the same proportion.
[278] Surveyors of Highways. Benja Cleverly, Edmund Bil- lings, Thompson Baxter, Seth Spear Deac". Daniel Arnold, John Holbrook jun'. Eben". Thayer 3d. Sam1 Niles Esqr. Thomas Hollis jun". Edmund Soper, Thomas Newcomb, L' David Holbrook, Ne- hemiah French, Eliphalet Sawen Joseph White Jun. Joshua French, Aaron Hayward Jr.
Surveyors directed Voted, That the Selectmen direct the Sur- veyors of High Ways to effect the greatest part of the Labour on the ways as early as the circumstances will admit.
Hoggreaves. Amos Studson, Joseph Tirrell Benja Ludden jun". Ephraim Jones jr. Uriah Thayer jr. Barnabas Clark, Austin Clark.
Overseers. Then Mr. James Brackett junr. David Holbrook, & Capt Thos. Penniman were chosen overseers of the Poor.
Select Men directed respecting Harman's & Newcomb's Ways.
Voted, The Select Men be Desired to view the circumstances relative to a complaint of Jona Baxter & othrs respecting an ob- struction to their Lotts thro' William Harman's land and act there- on as they may think expedient, also to view the way laid out to the southward of Thos. Newcombs & determine what may be proper to be acted thereon & make report to the Town at the adjournmt.
Overseers, impowered Voted That a Power be lodged in the Hands of the Overseers of the Poor to hire a House if they see cause for the use of the Poor, and to direct respecting the Premises as they may think best.
Comtee for Treasury report The Comtee appointed to settle the Treasury made report to the Town which was voted accepted, and stands recorded in the Treas' Book L 2ª page 154.
Treas". allowance £3-0-0 Voted The Treasurer be allowd. three Pounds ø annum for two years last past.
Comtee for Fish. Then Mr. William Penniman, Moses French & Edmund Soper were appointed a Comtee to take care & prevent obstructions by dams or otherwise in the season of the Fish run- ning to & from the Ponds.
Oar Comtee. Meeting from 24th Feb. last. Then James Thayer,
446
BRAINTREE RECORDS, 1774.
Capt. Thos. Penniman & Elihu Adams, were appointed a Comtee to endeavour to ascertain the Quantity of oar that has been carried out of the great Pond & by whom, and in the name of the Town to forbid any Person taking up or carring away any more & report to the Town.
Comtee on Baxters affair Then Deac". Joseph Palmer, Elisha Niles, Edmund Billings, Capt Nath1 Wales, Capt Thos. Penniman & Elihu Adams together with the Selectmen were appointed a Committee to examine into the titles of Benja Baxters interest at Roxbury & carefully consider the Towns circumstances relative to sd Baxter, with full Power to transact in the Towns behalf respect- ing the same as they shall judge will be most beneficial to the Town.
1774, March 11th.
Publick affairs. Then the Meeting proceeded to the considera- tion of our Publick affairs, & the following Draught or report was laid before the Town, viz.
We have reason to be alarmed when all that is dear to us is at stake and there can be nothing more influencing than the danger of loosing our civil & Religious Priviledges, Benefits in themselves truly valuable, and obtained at such expense of treas- ure & toil attended with such Hazards & Hardships as not parral- leld in History. The recovery of such as are abridgd & preserving those that remain will undoubtedly be judged objects worthy the highest attention. The declarative right of the British Parliamt. to tax the american colonies without their consent, and to make Laws binding on them in all cases whatsoever is evidently repug- nant to the views our Predecessors had their Previledges, and should it take place must leave us & our Poster[279]ity nothing to hope but every thing to Fear, that a prejudica or corruptd. Ministry should se good at any time to impose on us. And as the doctrine of Passive obedience & non resistance is not less mischievous in Politicks than religion, and as we have an unquestionable right to use every lawfull means to ward off impending danger &c We resolve,
1st. Than the great end & design for which Men first formed themselves into Governmental Society and submitted to Govern- ment was the greater good of the whole, and not to enrich or agran- dize one or a few.
2dly. That it is essential to this great end the greater good of the whole that all Laws be by the consent of the People either Person- ally or by their Representatives, Since without this Right they must ever be exposed to oppression from their Rulers.
3ª. That it necessarily follows that no British Law can justly be binding upon us who neither have or (from our local scituation) possibly can have either personally or by Representative any equal share in the enacting them. And we therefore resolve in the spirit of the Law of the late colony of New Plymouth above an hundred years ago, " That no act, imposition Law or ordinance be made or imposed upon us at present or to come but such as (has or) shall
447
BRAINTREE RECORDS, 1774.
be enacted by the consent of the Body of Freemen or associates or their representatives legally assembled which is according to the free liberties of the free born People of England," and of the same purport have been the resolves of our own Parliamt or general as- semblys to the present day.
4th. That we have reason therefore to complain that there are now in being sundry acts of the British Legislature the professed design of which is to raise a revenue in America and by which our prop- erty is by unconstitutional measures extorted from us & applied not to pay Brittain's Debts, but to support Revenue Commission- ers &c in idleness & Luxury to the waste of our Property & dan- ger of our morals. And in particular the late act of the British Parliamt which thro' artfull Ministerial contrivance allows the East India Cor. to export Teas to America charged with a duty payable here is craftily calculated to establish a revenue which if effected will probably render abortive all future opposition. And we must then be liable to all the variety of taxation which Brittain now pays on a Number of articles most necessary for the conveniences of life, besides a large tax upon our Lands, For the preventing whereof we resolve as far as in us lies to put an end to the use of all East India teas & peice goods, and to consider every person among us who shall hereafter, Buy sell, or use sd Teas or peice goods untill our grievences are redressd. (if not intentionally) yet Practical enemies to our Rights & Liberties.
5th That the declarative right of the British Parliamt. that they have a right to make Laws binding on the Colonies in all cases whatsoever is very alarming : the universality of this declaration evinces that our Religious rights are in danger as well as our civil. For as agreable to this declaration they have in fact deprived us of some of our civil rights & imposed Taxes upon us, so in con- formity to the same declaration by an act of uniformity or other- wise they may impose any Religious Shackles upon us, and we know of no instance wherein a people have been deprived of their civil rights but that they have lost their Religious rights also, and from the nature of things they must or fall together.
[280] 6. That at the same time We so freely resolve & de- termine against submission to all foreign taxation : and that we are determined, by the will of God to stand fast in the liberty wherewith we are made free, and to hazard life itself rather than submit to foreign taxation. We also resolve to pay all obedience to our Provential Laws, and that we will not use our liberty as a cloke of licentiousness.
7 We greatly lament the want of a truly Patriotic spirit and that private views & interest are so apparently the governing mo- tive of so great a part in this day of Distress & Danger ; while every individual is interested in or can We have notwithstanding all our resolves & Determinations any prospect of a favourable issue unless our private interest give place to the Gen1] good and we unitedly engage & use our utmost efforts, to promote it, and to that end we shall readily join not only with our Brethren in this Province but thro' this wide extended continent in every lawfull,
448
BRAINTREE RECORDS, 1774.
Just & constitutional measure for recovering & preserving inviolate all our civil & Religious rights & priviledges against all opposition whatsoever, and by this means (to use the words of his Majestys councel) We hope to see happiness & tranquility restored to the Colonies, and especially to see betwixt great Brittain & them a union establishd. on such an equitable Basis as neither of them shall ever wish to destroy. We humbly supplicate the sovereign arbiter of human affairs for these happy events.
The foregoing report was voted accepted & ordered that the sam be entered in the Towns Book of records, and that an attested copy thereof be transmitted to the Comtee of correspondence at Boston.
The Meeting from the seventh of March inst was adjourned to the Day the Meeting shall be appointed for the choice of a Repre- sentative in May next & to immediately succeed sª Meeting.
Deac". Daniel Arnold, Mr. Edmund Soper & Elihu Adams were appointed a Committee to settle accots with the Town Treas". which was omitted in its proper place
1774, May 16th.
The Freeholders & other Inhabitants of the Town of Braintree Qualifyd. to vote in the choice of a Representative, also those Qualifyd to vote in Town affairs being assembled at the Meeting House in the Middle Precinct of sª Town, Pursuant to warrants directing to elect one or more Persons to serve for & Represent. them in the Great Gen11 Court or assembly the year ensuing. Then after a Moderator chosen To raise money towards the defreying the charge of the Town the current year.
Representative Being assembled as aforesaid made choice of Eben". Thayer Esqr. to serve for & Represent them in the Great & General Court the ensuing year.
Modr. Then Deac Joseph Palmer was chosen Modr.
assessment, £150. Voted, that one Hundred & fifty Pounds be assessed on the Polls & Rateable Estates within sd Town towards. defreying the charge of the Town the current year.
Instructions to the Representative Then a draught for instruc- tions to the Representative was offerd to the Town which was com- mitted to Mr. William Penniman Mr Norton Quincy, Mr Azariah Faxon, Capt Thomas Penniman, & Mr. Edmund Billings for their consideration & amendmt which was soon returnd without any alteration which was read before the Town, & by their vote ac- cepted & ordered to be forwarded to Eben". Thayer Esqr their Representative.
adjournment Then the Meeting adjourned from the eleventh of March last was brot. forward.
Hoggreaves. The Town made choice of Benja Ludden 3d Noah Thayer 2ª. John Niles & Austin Clark for Hoggreaves for the ensu- ing year.
[281] Comtec report on Baxter case. The Comtee in Benja Bax- ter's affair offerd their report.
Braintree May 16th. 1774.
To the Town of Braintree assembled, at the adjournment of their
449
BRAINTREE RECORDS, 1774.
March meeting to this time & place. The Comtee appointed to examine into & act in Benjamin Baxter's case beg leave to Report That they have enquired into the Title of his late Estates at Rox- bury & Braintree & found his title good. That they have borrowd the money to pay off the mortgage & have therewith paid off the same & have taken possession of both estates. That they have let the Braintree estate for one year, but the Roxbury estate in part lies dead however they have a prospect of selling both estates at such prices as to make a saving of a considerable part of Mr. Baxters Debt to the Town.
That they have bot, Dea" Belcher's right of Dower in the Brain- tree Esta but that his wife has not agreed to the proposals made to her for the right in that este but has given encouragement that she will sell, and that y' Comtee will further report when the business is finished.
J. Palmer, ¿ order.
1774 June 27th.
The Freeholders & other Inhabitants of the Town of Braintree being assembled pursuant to warrants for that purpose to consider and Determine what measures are proper to be taken upon the present exigency of our publick affairs
Assembled as aforesaid Deac" Palmer, Modr.
Voted, a Comtee be raised to prepare a draught of a covenant to be laid before the Town. sª Comtee to consist of fifteen. Then Deac" Palmer, Mr. Norton Quincy, Mr. Edmund Billings, Collo Josiah Quincy, Capt Benja Beal, Sam1. Niles Esqr. Mr. Edmd. Soper, Elisha Niles Deac Penniman, Capt Nath1 Wales, Mr. Jona. Bass, Capt Thos. Penniman, L' Joshua Hayward Capt John White & L' Nath1. Belcher jun". were seperately chosen a com- mittee for that purpose.
Publick affairs. Then the meeting adjournd for one hour and being returnd the above sd Comtee offerd. to the Town a draught of a covenant which was Voted accepted, and was then proposed the same should be offerd to the Members of sd Town for signing &c. Then the meeting was adjourned to this day 4 weeks at 4 o'clock P.M. at this place.
1774 July 25th
The Freeholders & other Inhabitants of the Town of Braintree being assembled by adjournmt from 27th. of June last. The above said covenant having had some exceptions made, so it was offerd to the Town for amendment which was accordingly done, and then almost every one Present signª the same, and it was then orderd by the Town that sd covenant should be offerd by the aforesd Com- mittee to the Members of the Town in the several Precincts that were not Present at the Meeting for signing and then to be lodgd with the clerk of sd Town.
Then the Meeting was adjourned to the first Monday of Novem- ber next two o'clock P.M. at this place.
450
BRAINTREE RECORDS, 1774.
[282] 1774 Aug 22ª
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 that purpose, moving to choose a committee if the Town think proper to meet the committees of the several Towns within this County at Dedham on Tuesday the sixth day of September next to consider & determine relative to the Present exigency of our publick affairs, also to act on anything relative thereto as the Town shall think proper.
Assembled as aforesaid Mr William Penniman Modr.
Voted, That a Comtee be chosen by this Town to represent said Town at a County Convention of the Towns & Districts of this county to be holden at the House of Richard Woodward at Ded- ham, on Tuesday the sixth day of September next with full power of adjourning, doing & acting all such matters & things in said Convention or in a General Provincial Convention as they may judge of public utility in this time of publick & General Dis- tress.
Voted, That sª Comtee consist of three persons then Deac". Joseph Palmer, Collo Ebenezer Thayer, & Capt. Thomas Penniman were chosen a Committee for the purposes aforesaid.
Comtee of Correspe. Voted, That said Committee be directed to endeavour to obtain a County Indemnification for such persons as may be fined for non compliance with the late British act of Parliam' intitled an act for the better regulating the Gov- ernmt of the Province of the Massachusetts Bay in New Eng- land.
Voted, That the aforesaid committee be also a Comtee of corre- spondence To correspond with the other Towns & Districts in this Province in order to obtain & Communicate such intelligence as may any way affect the Publick.
Then Norton Quincy Esqr. Mr. James Clark, Dean Penniman, Sam" Niles Esqr. Mr Jona. Bass, & Lieut Joshua Hayward were appointed a Comtee to convene from time to time as they may Judge necessary or expedient to deliberate & determine on any new occuranse relative to our Publick affairs & communi- cate there proceedings to the Comtees appointed for the County Convention &c.
Then the Meeting was adjourned to Monday the Twelfth of Sep- tember next three o'clock P.M. at this place.
1774 Sept 12th.
The Town being assembled by adjournment from the 22ª of August last &c.
Voted, The meeting be adjourned to the Day that may be ap- pointed for the choice of a Representative for the Gen" Court orderª. to be convend. the fifth of oct" next at three o'Clock P.M.
451
BRAINTREE RECORDS, 1774.
1774 Oct 3ª
The Town of Braintree being assembled by adjournment from the 12th. of September last.
Vote respecting a false charge relative to Ch'h Engª. Voted, Whereas a report has been spread in the Town of Boston & other places that a considerable Number of People in this Town had en- terd into a combination to Disturb & harrass the Revd Mr. Wins- low & other Members of the ch'h of Engld. with a letter to oblidge them to leave the Town, And no [283] evidence appearing to Support the charge, Therefore
Voted, That said report is malicious, false & injurious & calcu- lated to defame the Town, & that We protest against all such combinations as being subversive of good Government We being as ready to allow that right of private judgmt to others which we claim for ourselves.
Voted, The relation Mr Peter Etter made respecting his con- duct is satisfactory to the Town.
Voted, The resolves of the Comtees of correspondence of several Towns in the County of Suffolk, respecting the withholding Mate- rials from the Soldiers &c. be adopted by this Town.
Voted, That a Comtee of Observation & Prevention be raised in this Town, to carefully observe & Prevent any Person or Persons acting contrary to the true intent of the aforesaid Com- mittees of correspondence resolves relating to that affair.
Comtee of observation & inspection. Voted, said Comtee con- sist of fifteen viz five in each Prect. Then the following Gentle- men were separately chosen a Comtee for that purpose viz. Mª Edmª. Billings, Deac". Daniel Arnold, Mr James Brackett jun". Mr. James Clark, Mr. Peter B. Adams, Mr. Thomas Newcomb, Mr. William Penniman, Mr. Moses French, Mr. Edmd. Soper, Capt". Nath11. Wales, Capt. Thos Penniman, Mr Moses Spear Mr. Nath1. Niles, Mr. Nath1 Belcher jun' & Mr Jona. Bass, and that comtee serve Gratis.
Publick affairs Voted, That Whereas by the Present embarras- mt of our civil Liberty the People's minds are easily affected with every appearance of Danger and in some cases may be ready to allow their resentment to rise to an undue pitch, Therefore all Persons within this Town that are or may be aggrieved by the conduct of others respecting our publick affairs are directed to apply to the Comtee of observation &c. who are desired if possible to remove the grounds of such uneasiness, (if real) and direct all inquirers respecting duty under the Present circumstances of things.
Voted, That the Town will Support all constitutional officers in the exercise of their respective offices.
Provincial Congress delegates Then, Proceeded to the con- sideration of appointing one or more Persons to attend a provin- cial Congress at Concord the second Tuesday of this inst. Voted, To send two persons to sª congress. Then Eben'. Thayer & Joseph Palmer, were chosen for that purpose.
adjourned Then the meeting was adjourned to the first Monday in Novr. next 3 o'clock P.M. to this place.
452
BRAINTREE RECORDS, 1774.
1774 Oct. 3ª.
The Freeholders & other Inhabitants of Town of Braintree Qualifyd to vote in The choice of a Representative being assembled pursuant to a Precept for the choice of Representatives to convene at Salem on the fifth of oct. inst. The Town made chise of Eben". Thayer & Joseph Palmer, Esq's for their Representatives & voted instructions to them which they recd.
1774 Nov. 7th.
The Town of Braintree being assembled by adjournment from the 25th. of July last it being a very rainy day & few Members present
Voted, to adjourn sd meeting to monday the fourteenth inst one o'clock P.M. to this place. also, the meeting from the 3d oct". last was adjourned to the same day, two o'clock P.M. to this place.
[284] 1774 Nov. 14th.
At a Town Meeting by adjournment from the seventh of Nov". instant, Deac". Palmer Modr.
Resignation of Military Commisss. Voted, The Modr. be desired to request such Military commission officers as are Present to re- sign their respective commissions. Then the following Gentlemen made a Declaration to the Town of their free resignation of their sª commissions viz. Collº Ebenezer Thayer, Nath11 Wales, Joseph Hayward, Benjamin Hayden, Captains Peter B. Adams, Jona. Thayer, John Vinton, Ebene" Thayer 3ª. Lieutenants, Thomas White, John Hall Jr. Isaac Spear Ensigns, also Benja Bass Cap- tain.
Voted, The assessors of the North & Middle Precincts within sd Town be desired to call Meetings in their respective Precincts to regulate the Militia agreeable to the recommendation of the Provincial Congress.
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