Records of the town of Braintree, 1640-1793 , Part 53

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 53


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Committee on Doct". Baker. A motion was made to chuse a Committee to be Ready to appear and make a stand against any vexatious Law suit that may be brought against any of the Inhab- itants of this Town by Doc' Moses Baker Then,


Voted, that Thomas Penniman Esqr. Colº. Edmª. Billings, Mr. Azariah Faxon, Capt". John Vinton & Capt" Peter B. Adams be a Committee to use their Influence with proper authority to sup- press, any vexatious Law suits that may be brought by Doct" Moses Baker against any of the Inhabitants of this Town and that said Committee shall be allowed by the Town for their time.


Those that entered their Dissent. Mes® William Penniman and Joseph Spear entered their dissent to the Last Vote, as being Illegal and Improper, as there was no such article in the warrant only in General Terms.


Adjourned to the day the anniversary Town meeting in May next.


[332] 1779 May 24th.


Anno Domini 1779.


The Freeholders and other Inhabitants of the Town of Braintree, being assembled by adjournment from the 30th day of March last.


accepted of Adonijah French as Constable instead of Nehemh. Then Nehemiah French presented his son Adonijah French, to serve as Constable in his place & stead The Town Voted, to accept the sd Adonijah to serve as Constable &c provided the sd Nehemiah gives Bond for the Town Security as usual.


Premium for Crows & Crow Blackbirds heads. Voted to Re- consider the Vote passed March 15th. last allowing a Premium for Crows heads killd. within this Town the ensuing year. also Voted, to give thirty shillings ap head for all the old Crows heads, that shall be killd. within this Town from this Time to the middle of July next. also Voted to give six shillings » head for all the old Crow Blackbirds heads, that shall be kill'd in this Town before the sd middle of July next.


Come. to prosecute any person who shall catch any alewives, except on the Days allow'd Voted, the Committee that was chosen the 15th. of March to see that the fish was not obstructed in their passing to & from the ponds, be directed to prosecute any person who shall presume to catch any alewives on any other day,


501


BRAINTREE RECORDS, 1779.


excepting the same. days as was Voted by the Town the sd 15th. of March last.


Committee to Join with Weymoth. to settle with Persons for obstructs. Fish contrary to Law. Voted, to chuse a Committee to join the Committee chosen by the Town of Weymouth to settle with a number of Persons who obstructed the Fish in the Channell last Spring, between this Town & the sd. Town of Weymouth. Then Colo. Eben". Thayer jr. Thomas Penniman, Esq". & Capt". Peter B. Adams was chosen a committee for the aforesaid Purpose. the Business being finished, the Moderator Dissolved the meeting.


May 24th.


Warrant. The Freeholders and other Inhabitants of the Town of Braintree Qualify'd by Law, to vote in the choice of a Repre- sentative being assembled at the meeting House in the middle Precient in sd Town pursuant to Legall Warrants particulars are as follows.


To elect and depute one or more persons to serve for & Repre- sent them in the Great & General Court or assembly appointed to be held & kept for the Government Service at the State House in Boston on Wednesday the 24th. day of may instt. To attend the Government service on said Day & so De Die in Diem During their session or sessions, and also to consider & Determine upon the Following Questions.


[333] First, whether they Chuse at this time to have a New Constitution or Form of Government made


Secondly, whether they will Impower their Representative for the next year to vote for calling a State Convention, for the Sole purpose of forming a New Constitution, provided it shall appear to them on examination that the Major Part of the People present and Voting at the meeting called in the manner and for the pur- pose aforesaid shall have answered the first Question in the affirm- ative.


Representative. Assembled as aforesaid & made Choice of Richard Cranch Esqr. to Represent them in sd Gen1. Court the ensuing year.


Number for and against a New Constitution. Then proceeded to the First Question Respecting a New Constitution and upon Examination it appeard. that One Hundred and Twenty Seven of the Members of sd Town then present & voted In favour of a New Constitution being formed at this Time and that Eight of the members were against the motion.


Then Voted, to chuse a Committee to Draw up Instructions for our Representative Respecting a New Form of Government & re- port to the Town upon the adjournment.


Com' to Draw Instructions for the Representative. Then Josiah Quincy Esq. Dec". James Penniman Tha. Penniman Esq'. Norton Quincy Esqr. Mr. Hobart Clark, Jonathan Bass, Esq". & Dec". Daniel Arnold was chose a Committee for the above purpose


Then the Meeting was adjourned to June 1st. 2ª. o'Clock P.M.


502


BRAINTREE RECORDS, 1779.


June 1ºt.


A small part of the Town being assembled by Adjournment from May 24th. Adjourned to the 8 instt. 2 o'clock P.M.


June 8.


Being Assembled again by adjournment from the first inst. The Instructions as was drawn up by Colo Quincy being Read the Town made some alterations in them and Then Voted, the Town Clerk Transmitt the same to Richard Cranch Esqr. Then the meeting was Disolved.


[334] 1779 July 12th.


Warrants. The Freeholders and other Inhabitants of the Town of Braintree being assembled at the meeting House in the middle Precient in sd Town pursuant to Legall Warrants the perticulars are as follows. after a moderator chosen.


First, To see if the Town will come into any measures that may have attendancy of appreciating our currency and Lowering the Price of the Necessaries of Life ; and also give their Committee of Corespondence any Instructions the Town may think proper.


Secondly, To see if the Town will give their Committee who was chosen to hire men for the Publick any Instructions Respect- ing the men order'd by the General Court for nine months to fill up the Continental Army.


Moderator. Assembled as aforesaid Thomas Penniman Esqr. moderator.


for appreciating the currancy. Delegate to attend at Concord. Voted, the Town will come into measures to appreciate our Cur- rancy & Lower the Price of the Necessarys of Life and to chuse one person to attend the Convention appointed to be convened at Concord on the 14th. instt. made choice of Capt" Nathaniel Wales to attend (In behalf of this Town) in the Convention at Concord on the 14th. Instant.


Com. to Draw up Instructions. Voted, To chuse a Committee to give Capt Nath1. Wales Instructions, then the Hon. Sam1. Niles Esqr. Colº. Billings Mr. Clark, Dec". Arnold & Capt. Vinton was chosen.


The Committee Reported & the Instructions being Read in Town Meeting was accepted by the Town & delivered to Capt". Wales.


Directions for the Come. appointed to hire men. Voted, The Committee appointed to hire men ; procure only four men for nine months for the Continental army, as they have 12 men. now in the service which was engaged for 3 years the Rome of 9 mº


Come. to procure a Receipt from Colº Craine Respecting the 12 men. Voted, to chuse a Come to procure a Receipt from Colo Craine that the 12 men which was engaged in June 1778, for three year in the Rome of nine months are now in the service and also sd Come state the affair properly & lay it before the General Court at their next sessions. Then Majr. Niles Colº Thayer & Colo Bil- lings was chosen a come for the above purpose.


503


BRAINTREE RECORDS, 1779.


[335] 1779, Aug. 9th.


Anno Domini 1779.


Warrant. The Freeholders and other Inhabitants of the Town of Braintree being assembled at the meeting House in the middle Precient in sª Town pursuant to Legall Warrants the perticulars awas follows, after a Moderator Chosen.


First, to see if the Town will adopt the proceedings of the Con- vention that mett at Concord in the County of Middlesex on the fourteenth day of July last for the purpose of Carrying into Effect the several Interesting & Important measures recommended by Congress : and also come into any other measure that may have attendancy of appreciating our currancy.


Secondly, To chuse one or more Delegates to Represent them in a State convention appointed to be convened & held at Cam- bridge on the First day of September next, for the Sole purpose of framing a New Constitution : also give their Delegate such Instruc- tions as they may think necessary.


Modr. Assembled as aforesaid, Thomas Penniman Esqr. mod- erator.


Voted to accept, the proceedings of the convention. Taking into Consideration the Deplorable Scituation of our Currancy by which means the necessary articles of Life bear such an exorbitant price, and being Desirous to promote as far as is in our power the Peace & Political Salvation of this & the United States : Voted to adopt the Proceedings of the Convention held at Concord on the 14th. of July last.


Come to establish prices on articles not enumerated by the Con- vention. Voted, to chuse a Committee to establish a price on the articles of sale & Consumption not enumerated by said convention. Then Colo. Billings Dec". Arnold, Capt. Jo. Baxter Jona. Webb, secd. Capt Hall, Cap Faxon Jos. Hobard, Cap Wales Colº Thayer, Lieut Robt. Hayden, Cap Sawen Lieu Niles Lieut. Eph. Thayer, Joseph White Jur. Benj Hayward, Thomas Pratt, Enoch Hayden, Isaac Copeland, Elisha French, Atkins Clark, & Isaac Niles was chosen a Committee for the above purpose the Town to pay the Necessary expense of sª Committee.


Delegate for framing New Constition. Voted, to send only one Delegate to represent them in the Convention appointed to be convened at Cambridge on the First day of September next for the purpose of Framing a New Constitution Then the Honble John Adams Esqr. was chosen for that purpose


Adjnt. Then the meeting was adjourned to monday next at 3 o'Clock P.M.


[336] 1779 Augst. 16.


Anno Domini 1779.


At a meeting of the Freeholders & other Inhabitants of the Town of Braintree Legally assembled by adjournment from the ninth instant.


For Establishing prices on articles of Sale & Consumption not ennumerated by the Convention at Concord July 14, 1779. Dele-


504


BRAINTREE RECORDS, 1779.


gates to meet at Concord Oct". next. The Committee appointed by the Town to establish the prices on articles not enumerated by the Convention that mett at Concord the fourteenth of July last, Re- ported that they had established a price on a number of articles of sale & Consumption not ennumerated by the sd Convention, which articles with the prices affixed to them being several Times Read over the Town Voted, to accept the same & did pass the Follow- ing Resolve (viz) That we will unitedly and explicitly comply with the spirit & Tennor held up by the Resolutions of said convention : and did chuse a Committee, Viz. Capt". Hall Cap Jo. Baxter, Maj. Penniman Cap. French, Cap Penniman & Elisha Wales, to- geather with the Come of safety &c belonging to this Town, to be a committee to Expose to the World the names & Characters of any Person or Persons in sd Town that shall directly or indirectly counteract the same ; and did also vote to chuse one person to Represent them in the Convention appointed to be held at Con- cord on the first Wednesday in October next, for the purpose of Lowering the prices of the Necessarys of Life & for appreciating our Currancy.


Then Capt". Nathaniel Wales was chose for that purpose.


Meeting Dissolved.


Novr. 29


Warrants. The Freeholders and other Inhabitants of the Town of Braintree being assembled at the Meeting House in the middle Precients in said Town pursuant to Legall Warrants, the perticu- lars are as follows, after a moderator Chosen.


First to Raise Money to Defrey the Charges of the Town the present year.


Secondly, To see if the Town will allow the present Collectors any Money for Collecting the Tax now assessing ; or will come into any other method than what is usual to have the same Col- lected.


Thirdly, To act on any other matter or thing the Town may think proper w". assembled.


Moderator. Assembled as aforesaid, Capt". Daniel Arnold Moderator.


Come to Joyn the Town of Weymouth to frame an act. Voted, to Chuse a Committee to Joyn the Town of Weymouth to frame an act to prevent the distruction of fish in Monatiquot River between the sd Town's. Then Capt". Peter B. Adams, Judge Niles & Maj' Penniman was chosen for that purpose


£6,000- Voted, to Raise the sum of six Thousand pounds to be assessed on the Polls & Estates lying within this Town, towards Defreying the charge of the same.


Collector to be Chosen. Voted. to chuse Collecterts to Collect the Taxs that are now assessed & signed this Day & also to Col- lect all the Taxs that may be assessed before the first of March next.


Allowance /4d Voted, to allow four pence upon the pound for


505


BRAINTREE RECORDS, 1780.


Collecting the aforesaid Taxs. The Collectors to give Bonds to the Town Treasurer for the faithfull performance of their Trust.


Collectors. Then Capt". Joseph Baxter, Maj' Stephen Penni- man & Mr Elisha Wales was chosen Collectors. Meeting Dis- solved.


[337] 1780, March 6


Anno Domini 1780.


The Anniversary Town Meeting for the Choice of Town Officers &c.


Warrants. The Freeholders and other Inhabitants of the Town of Braintree being assembled at the Meeting House in the middle precienct in said Town pursuant to Legall Warrants, the particulars are as follows. After a moderator chosen.


First, to choose all such Town Officers for the ensuing Year as the Law directs, also a Committee of safety &c.


Secondly, To see if the Town will petition the General Court that all absentees estates lying within this Town to be leased at publick auction agreeable to their Resolve of the 19th. of Feby. 1779, and also that they would prevent the Strip and Waste now making on the same


Thirdly, To Raise money to Defrey the Charges of the Town the ensuing year & also determine what sum of money shall be layd out in Schools.


Fourthly, To Determine Respecting the Repairing the High- ways within said Town the Ensuing year.


Fifthly To Determine whether the Town will pay Capt" French for the Fence on the line between his Land he Bought of the Town and the land that was Josiah Faxons.


Sixthly, To Determine whether the Town will grant a premium on Crows, And Black Birds heads that shall be killed in sd. Town for a limtd time


Seventhly To hear the Report of the Selectmen Respecting a Way layd out by Benja Thayers & also Determine whether the Town will make the Town way leading from Benja. Savils to the Countrey Road a passable way or otherwise lay out a New way thro' the land of Mess. Arnold Field & Savil's.


Eighthly, To hear the Report of any Committee or chuse any Committee the Town may think proper.


Ninthly, To Direct Respecting the Towns land as the Leases are nigh expiring.


Moderator. Assembled as aforesaid, Dea". Daniel Arnold, Moder".


Clerk & Treasurer. Constables. Nominated & Chose Eben". Thayer jun'. Clerk & Treasurer for ensuing year. Chose William Field for a Constable for the North Parish, he was excused then Jonathan Webb secd. was chose a Constable for sd Parish, Capt". Jonathan Thayer was choose for the Middle Parish, Ens". Thomas French was choosen for the South Parish.


Selectmen. Voted, to have only three Selectmen the ensuing


506


BRAINTREE RECORDS, 1780.


year. Then Dec". Daniel Arnold, Maj'. Stephen Penniman, & Mr. Joseph White jun'. was chosen.


Borlands Farm. Proceedings of the Town on beg. informed that Mr. Cranch had hird. Mr. Borlands farm of the Court for 5 yr *. and also on acct. of waste on the Wood land. Voted, to take up the second Artical in the Warrant, it being Represented to the Town that Mr. Cranch had Petitioned the Gen1. Court for a Lease of that Farm which was John Borlands Esqr. decd for the term of [338] Seven years and that the Court had granted him the Farm for the Term of five, and also that there had been great Strip & waste made in the wood Lott belonging to sd Estate by Mr. Cranch or by those under him whereupon after some debate, a petition to the Gen. Court was presented to the Town for their acceptance or not, after it was Read several Times in a full meet- ing it was Voted, the same be present to the General Court as it now stands & that there be a Committee appointed to sign & Present the same in the name of the Town. Then Mess. Eben" Thayer Jun. Stephen Penniman & Daniel Arnold was chosen.


Com. to view the Town land. Voted, to take up the ninth Arti- cal in the Warrant. Then Voted, to choose a Committee to view the Town Land & the Fence upon it & make Report to the Town upon the Adjournment what part of the land will answer for Planting.


Then Mes'. James Clark, John Hall & Azariah Faxon was choosen.


Then the meeting was adjourned to Tuesday the 14th. inst. 10 o'clock forenoon.


March 14 .-


The Freeholders and other Inhabitants of the Town of Braintree Qualify'd by Law to vote in Town affairs being assembled at the meeting House in the Middle Precienct in said Town by Adjourn- ment from the sixth day of this Instant March.


The Town Clerk being unwell & not able to attend his Duty the Town made choice of Mr Hobart Clark to serve them as a Clerk this day who was sworn to the Trust. The Votes & proceedings of the Town this day as they stand here Recorded are Coppyd. from the Minutes taken and attested to by Mr. Clark.


Constables Allowance Voted, To allow to each of the Consta- bles the sum of Twenty five pounds, each for Collecting the Taxs as usual, the ensuing year.


Assizors of Bread. Mess. Moses Brackett, Azariah Faxon & Thomas Penniman.


Tythingmen. Mes8. John Field jun. Robert Hayden, & Isaac Spear.


Surveyors of Lumber. Mes'. Ebenezer Field, Joshua Samson & Joseph White Jun".


Fence Viewers Mes'. Jackson Field, John Hall Jun'. Azariah Faxon, Micah Wild, Deering Spear, & Barnabas Clark.


Fire Wardens. Mes8. Joseph Hunt, Azariah Faxon, & Nathan- iel Belcher.


507


BRAINTREE RECORDS, 1780.


[339] Cullers of Staves. Mes'. Nathaniel Belcher & Ambrose Salisbury.


Sealer of Shingles. Mr Gaius Thayer.


Sealers of Leather. Mes8. Joseph Baxter, & Abijah Allen.


Sealers of Wood. Mes®. Ephraim Pray & Ambrose Salisbury.


Highways. Surveyors of Highways Voted, To Repair the Highways in this Town the ensuing year by a Tax as usual one Days Labour to a single Poll, and the estates in the same propor- tion, and that a days work be sott at four pounds ten shillings and other Work in the same proportion with the Hand Labour. Then proceeded to the Choice of Surveyors - Viz. Mes®. Charles Baxter, Moses Brackett, Benja Bass, Josiah Veazie, Jonathan Rawson, John Hollis, John Holbrook Jun". Caleb Hayward, David Holbrook, James Faxon, Azariah Faxon, Ebenezer Clark, Caleb Hunt, Benja Hayden, Daniel French, Nath1. Niles, Barnabas Clark, Isaac Spear, Lemuel Spear & Eliphalet Sawen.


those that enterd their Dissent. Colº. Edmund Billings, Capt". Moses French & Mr. Caleb Hobart entered their Dissent against the meeting.


Hogg Reaves. Voted, Swine may go at Large. Hogg Reaves, Viz. James Hayward, Nath1. Savil, Joseph Hollis, Uriah Thayer jun'. Daniel French, Ephraim Man.


Come. for Fish. Mess. Abijah Allen, Caleb Hobard Jun". & Jona. Thayer to see the fish are not obstructed.


Come take care of the Channell. Mess. William Allen, Will™ Arnold & David P. Hayward, to see the smelts are not obstructed in the Channell.


Capt" French. Capt". Moses French, after he had enter'd his Dissent came into the meeting this day and nominated William Arnold as a Come. man for taking care of the smelts.


Petition Suspended. Voted to suspend the presenting the Peti- tion Concerning Richard Cranch Esqrs. affair to the adjournment of this meeting.


Commitee to Hire men. Voted, To have three men as a Com- mittee to hire men this present year if Required for the Publick Service & sd Committee be choosen by Ballott, and that said Committee apply to the Select men for money If they need any for sd. purpose. Mes®. Peter Boylston Adams, Eben". Thayer JunT. & Eliphalet Sawen was chose.


Com. to view the Town land Report. The Committee appointed to view the Town Land Report that they have viewed the same & it is their Opinion the Lower peice will answer for Planting & that the Upper peice to be pastured, the Report was Accepted.


Voted, to chuse a Committee to Lease out the Town Land.


Come. to Lease the Town land. Then Mes8. Daniel Arnold, Aza- riah Faxon & Thomas Penniman was chosen sd. Committee to give the owners of Fences, If any there be on the same Liberty to Carry it off.


[340] Highway, from Benja. Thayers house, to Weymouth Line. The Selectmen made their Report of a Highway laid Out as follows, (Viz.) At the Request of a number of the Inhabitants of the South


508


BRAINTREE RECORDS, 1780.


Precinct in Braintree to the Selectmen of said Town to lay out a Way from the Dwelling House of Benjamin Thayer in sd South Precinct to Weymouth line near the head of Weymouth Great pond (so Called) We the subscribers have this day Proceeded to lay out the above said Road as follows, (Viz) beginning at Benjamin Thayers House aforesaid & runing Easterly, Through Noah Whitcombs land one Rood & a half wide as the fence now stand- eth, then Easterly through Land of Ephraim Capen of Dorches- ter as the way goeth then Easterly through land belonging to Ens" John Hollis as the Way now goeth, then Easterly through Land belonging to - Stetson of Scituate as the Way now goeth, theu still Easterly, upon the line between Capt". John White & Noah Whitcomb Jun'. as the Road is now Fenced, then Easterly on the line between the Land of Joseph Porter & Joseph White jun. untill it strikes the line between the Town of Braintree and Wey- mouth the whole of said way to be one Rod & a half in Width.


Braintree November, 16th. 1779.


Thos. Penniman Hobart Clark, Samuel Holbrook, Joseph White Jun".


Selectmen.


The above Report being Read before the Town, it was Voted and Accepted provided the same be no charge to the Town.


Committee to Confer with Capt". French. Voted, To chuse a Committee to Confer with Capt". French about the fence he bought of the Town. Then Mess. John Hall Jun. John Vinton & Silas Wild was chosen a Committee for that purpose.


Premium for Crows heads. Voted, That the sum of Thirty shillings a Head be given as a premium for all Crows Heads that shall be killed in this Town from this Time till the first day of July next.


Third Article in the Warrant postponed. Voted, the third arti- cal in the Warrant be postponed untill the adjournment of this meeting.


Come. to view the way by Benja Savils & Report. Voted, to chuse a Committee to View the old way by Benjamin Savils & also the new proposed way & Report to the Town upon the ad- journment of this meeting Then Mes8. John Hall Jun'. John Vinton & Thomas Penniman was chose a Committee for that purpose.


The Votes and proceedings of the Town this Day was Coppyd. from the minutes taken by Mr. Hobard Clark.


The Meeting was adjourned to the day the annual meeting in May next one o'clock afternoon.


[341] 1780 May 22d.


Representative The Freeholders and other Inhabitants of the Town of Braintree, Qualify'd to vote in the Choice of a Represen- tative being assembled at the meeting House in the middle precienct in said Town pursuant to a precept directed to the Select Men and


509


BRAINTREE RECORDS, 1780.


Signed by the Sheriff of the County of Suffolk made choice of Rich- ard Cranch Esqr. to Represent the Town in the Great & General Court or Assembly the ensuing year.


Also the male Inhabitants of said Town of the age of Twenty one Years and upwards being assembled at the same place, to consider of the Form of Government which has been agreed upon by the Convention at their last Session, made choice of Deac". Arnold for moderator.


Commee to consider of the Form of Government, & Report upon the adjournment. The Form being Read, The Town thought proper to chuse a Committee to take the same under consideration and Report to the Town upon the adjournment. Then Gen1. Palmer, Mr. James Brackett, Mr. Cranch, Col1. Billings, Dec". Arnold, Judge Niles, Eben'. Thayer Jun". Dec". French Mr Clark, Maj. Penniman, Cap. Penniman, Mr. White, Col. Bass, Lieut. Niles, & Maj. Turner was chosen a Committee for that purpose.


Then the meeting was adjourned to monday the 5th June next 3 o'clock P.M.


The Freeholders and other Inhabitants of the Town of Brain- tree being assembled by adjournment from March 14th. last.


Constable in sd. Presenct. Then Thomas French presented his son Thomas French Junr. to serve as Constable in his place and stead. The Town Voted to accept the said Thomas French Jun'. to serve as Constable &c. provided the said Thomas French senior gives Bonds for the Towns security as usual.


Town officers in sd Precinct rechosen. The Town officers in the South Precinct which was Chosen the 14th. March last was not notified to take the Oath, Required by Law.


Sealer of Weights & Measures. The Town proceeded to the Choice of the same as they stand recorded on the 238 & 39 pages, also made choice of Mr. Hobart Clark sealer of Weights & Meas- ures.




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