USA > Massachusetts > Plymouth County > Plymouth > Town annual report of Plymouth, MA 1743-1783 (vol. 3) > Part 15
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Ichabod Holmes, Nathl Shurtleff, James Drew, William Rickard chosen to serve on the Petit Jury for Tryals at the next Inferiour Court on the 2nd Tuesday of April next.
Voted that there be the same number of Schools kept in the Town this year as there was last, and under the same Regulations, Dr. Lazarus LeBarron Mr. Nathanl Goodwin Mr. Ephraim Cobb Committee chosen to take care of the Grammar School
Deac Elisha Holmes Mr. Stephen Doty Mr. John Black- mer Committee for Monument Ponds School
Deac Nathl Warren Joseph Warren Ezekiel Morton Comtee for the School at Eell River
Deac Joseph Bartlett Nathanl Morton Junr Ichabod Holmes Comittee for Wellingsley School.
Capt. Theophs Cotton Lemuell Jackson Ebenezer Nelson Committee for the School at the North End.
Then the Petition of Mr. Thomas Jackson & 12 others was read desiring "to know the Town's mind relative to the Town's hiring Constables or Collectors to collect the Town County & Province Taxes yearly" And whether "the Town will build a wharff from the lower end of Melatiah Loth- rop's wharff to the north Wharff belonging to the Heirs of Coll Isaac Lothrop deceased."
Pursuant to the first article in this Petition-The Town voted to come into some new method for collecting the Town County & Province Taxes. Then voted to choose a Com- mittee to consider what is proper to be done relating to this Article and to confer with any Person or Persons that offer to serve as Collectors, receive their Proposals and make Re- port at the Adjournment; to which time the further Consid- eration of this matter is referred.
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PLYMOUTH RECORDS.
Committee chosen Deacon Foster, Coll Watson, Capt De- lano, Deac Torrey & Mr. Silva Bartlett. Also voted to choose a Committee to consider the latter Part of the Peti- tion respecting the proposed wharff, to view the Premises and to make an estimate of the Charge and make Report of what they think proper for the Town to do thereon. Committee chosen Mr. Jona Diman, Deac Torrey, Jeremiah Holmes, Ephraim Cobb & Capt Delano. Then the meeting was adjourned to Thursday the 20th instant at 10 o'clock A M.
[225.] At a Town Meeting held by Adjournment at the Court House in Plymouth March 20 A D 1766.
Thomas Foster Esqr Chosen Moderator for this Meeting, James Warren Esqr the former Moderator being out of Town.
The Report of the Committee relating to the Collectors of Taxes read, wherein they proposed to divide the Town into Five Districts and to choose a Collector for Each. And it being put to vote whether the Town would accept of said Report It passed in the Negative.
Voted to give fifteen Pounds over & above the 12d pr Pound formerly given to the Collector or Collectors of the publick Taxes for the present year.
Jeremiah Holmes was chosen Constable & Collector of Taxes for the whole Town the ensuing year. He to give Bond as usual to indemnify the Town from all Harm & Loss, and was sworn in open meeting by Thomas Foster Esqr.
The Committee chosen to consider the latter Part of Capt Jackson's Petition (as entred on the other side) not making Report, the Consideration of the Affair respecting said Wharff was referred to May Meeting.
Then the Law respecting the Sabbath and the Choice & Duty of Wardens was read, and the Town proceeded to the Choice. And Mr. Joseph Rider Junr Mr. Isaac Lothrop Mr. William Crombie Mr. Nathl Morton Junr Mr. Ezekiel Rider were chosen Wardens
Jonathan Diman Samuel Pearse were chosen Grandjury- men for the year ensuing.
Benjamin Drew Amaziah Churchell Jonathan Harlow were Chosen Tithing men
James Drew Benja Churchell Zacheus Churchell were chosen Packers of Fish & Gaugers of Casks.
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PLYMOUTH RECORDS.
Levi Drew Solomon Atwood Silvanus Harlow Walter Rich James Clark Seth Morton Chosen Hog-Reeves
Thomas Spooner William Rider Sealers of Leather.
Mr Silvanus Bartlett Mr John Russell Chosen Clerks of the Market
Thomas Davie Thomas Davis Amaziah Churchell Thom- as Jackson Junr Ebenezer Samson Ichabod Holmes Robert Bartlett Cullers of Fish
[226.] George Watson Esqr James Hovey Esqr James Warren Esqr Deac John Torrey Deac Joseph Bartlett Mr. Nathl Bartlett Chosen Firewards
Jeremiah Holmes Jonathan Samson Samuell Nichols Nel- son William Clark Silvanus Bartlett Fence Viewers & Field Drivers
David Turner John Kempton Thomas Savery William Rickard David Turner Junr Surveyors of Lumber & Measu- rers of Timber, Plank & Boards.
John May James Drew Benja Churchell Surveyors of Clap-Boards & Shingles and Viewers & Cullers of Staves.
Zadok Barrow William Ellis Junr Joseph Trask Chosen Deer-Reeves.
Amaziah Churchell Lemuel Morton Nathl Morton Junr to take Care of Plymouth Beach agreeable to the Province Law.
Lemuel Jackson Nehemiah Ripley Ichabod Holmes Deac Nathl Warren Benjamin Cornish James Clark Surveyors of highways.
Then the Town voted that there shall be no Alewives taken this year out of the Town Brook (so Called) for sale, and further voted that there shall not be more than two hundred Barrells taken for Sale out of the Brook that runs out of Half-Way Pond & other Brooks within the Limits of said Town.
Nehemiah Ripley William Rider James Drew Daniel Di- man Committee to take Care of the Town Brook, respecting Ale-wives
Deacon John Torrey Elkanah Watson Thomas Davis A Committee to procure a Sexton.
The Town also voted not to give any Premium for killing of Rats, as was proposed in the warrant.
[227.] At a Town Meeting assembled & held at the Court House in Plymouth on Friday the 25th Day of April A D 1766 at 4 P M.
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PLYMOUTH RECORDS.
Capt John Finney Mr. Melatiah Lothrop Mr. Silvanus Bramhall Chosen to serve on the Grand jury
Capt Nathan Delano Silvanus Bartlett John Harlow Junr Eleazer Stephens Lemuel Morton Thomas Spooner Chosen to serve on the Jury for Tryalls at the Next Superiour Court of Judicature &c to be holden at Plymouth within & for the County of Plymouth on the 3rd Tuesday of May next.
At a Town Meeting held at the Court House in Plymouth on Monday the 12th Day of May A D 1766 at 3 P M.
The Town made choice of James Warren Esqr to serve as Representative for said Town at the Great & General Court or Assembly of this Province, to be convened & held at Boston upon the last Wednesday of May instant. At said meeting the Answer of the Town of Boston to Plym- outh's Address (recorded P 222) was read, and ordered to be recorded, and is as follows .-
"At a meeting of the Freeholders & other Inhabitants of the Town of Boston legally qualified & warned in publick Town Meeting assembled at Faneuil Hall on Monday the Ioth Day of March, and continued by Adjournment to the 24th of said March A D 1766 .-
The Committee appointed to make answer to the Letter of Address from the Town of Plymouth-Reported the fol- lowing Draft, viz-
To the Inhabitants of the Town of Plymouth, Gentlemen. The Inhabitants of the Town of Boston legally assembled in Faneuil Hall have received with Singular Pleasure your respectful address of the 16th of January last. The warm Sentiments of public virtue which you therein express, is a Sufficient Evidence that the most ancient Town in New England to whose Predecessors this Province in a particular manner is so greatly indebted for their necessary Aids in its original Settlement, still retain the truly noble spirit of our renowned Ancestors.
When we recollect the ardent Love of Religion & Liberty which inspired the Breasts of those worthies; what induced them, at a Time when Tyranny had laid its offensive Hand on Church and State in their native Country, to forsake their fair Possessions, and seek a Retreat in this Distant Part of the Earth. When we reflect upon their early Care to lay a solid Foundation for Learning, even in a wilderness, as the surest, if not the only means of preserving & cherish- ing the Principles of Liberty & virtue, and transmitting
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PLYMOUTH RECORDS.
them to us their Posterity, our mind is filled with deep ven- eration, and we bless & revere their memory when we con- sider the immense Cost & Pains they were at in Subduing, cultivating & Settling this Land, with the utmost Peril of their lives; and the Surprising Increase of Dominion, Strength & Riches, which has accrued to Great Britain by their Expense & Labour, we confess we feel an honest indig- nation to think there should have been any among her Sons, so ungrateful as well as unjust & cruel as to seek their Ruin.
[228.] Instances of this too frequently occur in the past History of our Country. The names of Randolph of An- dros & others are handed down to us with infamy. And the Times in which we live, even these very Times, may furnish some future Historian with a Catalogue of those, who look upon our rising Greatness with an envious Eye; and while we and our Sister Colonies have been exerting our growing strength in the most substantial service to the Mother Coun- try, by Art & Intreague have wickedly attempted to deceive her into measures to enslave us.
If then, Gentlemen, the Inhabitants of this metropolis have discovered an invincible attachment to the Principles of Liberty when it has been invaded; if they have made the most vigorous Exertions for our Country, when she has been threatened with the Loss of every thing that is dear; if they have used their utmost endeavor, that she may be re- lieved from those Difficulties with which she is at this Time embarrass'd; if they have taken the warrantable & legal measures to prevent that misfortune, of all others the most to be dreaded, the Execution of the Stamp Act; and as a necessary means of preventing it, have made any spirited Application for opening the Custom Houses & Courts of Justice; if at the same Time they have bore their Testimony against outrageous Tumults & Illegal Proceedings, and giv- en any Examples of the Love of Peace & good order-Next to the Consciousness of having done their Duty, is the Sat- isfaction of meeting with the Approbation of any of their Fellow Country-Men.
That the Spirit of our venerable Fore-Fathers may revive & be diffused through every Community in this Land. That Liberty. civil & religious, the grand object of their view, may still be felt, enjoyed & Vindicated by the present Gen- eration, and the fair Inheritance transmitted to our latest
PLYMOUTH RECORDS. 177
Posterity, is the fervent wish of this metropolis. Submit- ted by Samuel Adams John Ruddock John Hancock.
Whereupon voted, that the same be accepted and that the Town Clerk be and hereby is directed to transmit as soon as may be to the Town Clerk of Plymouth a fair and attested Copy thereof, in order to its being laid before said Town
Att William Cooper Town Clerk."
At a Town Meeting held at the Court House in Plymouth on Monday the 30th Day of June Anno Domini 1766.
Thomas Foster Esqr Chosen Moderator & Sworn. Vot- ed that the sum of two hundred and ten Pounds be assessed on the Polls & Estates of the Inhabitants of this Town for the Defraying of Town Charges this present year.
And the Assessors are directed in making the Taxes not to Exceed a Surplusage of fifteen Pounds.
Voted that it is the mind of the Town that *Mr Fobes (the present School Master) be applied to to keep the Gram- mar School the ensuing year, if he incline to it,-And that the Comittee appointed to take Care of said School be direct- ed to wait on Mr. Fobes with a copy of this vote, offering him the same Terms upon which he kept the School the last year; But if he refuses, then to make application to some Gentleman to keep said School, that has not kept in this Town heretofore.
Voted that the Sexton's Salary for the present year shall be eight Pounds.
Voted to choose a Comittee to consider what is proper to be done in order to the Calling a meeting of the Proprietors of the Common Land within This Town, & the neigh- boring Towns formerly belonging to Plymouth, and to act & [229.] do everything that may appear necessary for that Purpose. Committee chosen Thomas Foster Esqr, John Cotton Esqr & Deacon John Torrey.
Deacon Nathl Warren Capt Jabez Harlow Chosen to serve on the Jury of Tryalls at the next Court to be held on the Ist Tuesday of July at Plymouth.
At a Town Meeting of the 'Freeholders & other Inhabi- tants of the Town of Plymouth assembled & held at the Court House on the 25th Day of August A D 1766 at 10 A M.
Dr Lazarus LeBarron Chosen Moderator and sworn.
* Perez Forbes was a native of Bridgewater.
12
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PLYMOUTH RECORDS.
James Warren Esqr Representative of this Town at the General Court, haveing petitioned the Town to give him some Instructions, if they tho't proper, with Regard to his Conduct at the next Sessions of the General Court. The Town voted to give him Instructions. And that Thomas Mayhew Esqr, Dr Lazarus LeBarron, & Mr. Nathanl Good- win be a Committee to draw up said Instructions, and make Report in the Afternoon.
Then the Report of a Comittee relating to the common Land was read which was accepted and is as follows.
"We the Subscribers being appointed a Comittee to make Search into the state of the common Lands in this Town, & to Consider what is proper to be done in order to the call- ing a Proprietors meeting &c, Do make Report as follows-
That after the Strictest Search, we apprehend that *the Sheep-Pasture so called, consisting of three miles square of Land, does properly belong to the Town, and not to any par- ticular Propriety
"We find that on May 24 1703 The Town voted that said Land should lay for perpetual Common.
And then granted the use of it to Sundry inhabitants (mentioned by name) to keep sheep on, who had subscribed to provide such a number of sheep each, To them their Heirs & Assigns forever,-with Liberty for them to build a House for a Shepherd, and for the Shepherd to break up, fence & improve 20 Acres of said land. The Town further voted, that any other Freeholder of the Town who should at any Time afterward see cause to put their sheep in the general Flock, should have Liberty to do so They paying their Pro- portion of the charge for the Shepherd's House, Folds, wages &c according to the number of sheep they put in. And that no others should have their sheep go on said Com- mons, but such as Joyn with the first undertakers & comply with these conditions. This Grant we apprehend is now wholly null & invalid. For
Ist The Subscribers have not complied with the condi- tions of the Grant, but have long since thrown up their Scheme as impracticable, and therefore we conceive, have forfeited the Priviledge.
2nd Neither they nor their Heirs have made any claim (that we know of) for near 50 years past, nor any improve-
* For an account of the Sheep pasture see footnote, Vol. I, page 314.
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ment for about 60 years, So that their Title is dead by Pre- scription.
3rd Three of the Committee that were chosen to treat with Plimpton about a Division of the Sheep Pasture be- tween the two Towns (anno 1716) were some of the prin- cipal Subscribers, and in their Report agreed to the Division which shows that they thought their Right was extinct, or that they ceased their claim.
4th There was a Comittee chose by the Town (anno 1717) to treat with the undertakers about reimbursing [230.] their expences, after they had flung up the Design; and tis to be presumed they fully satisfied their Demands, as they have made no claim or stir since. This being the state of the case we think that the whole Right to said land reverts to the Town.
As for the Proprietors so called, we apprehend that (as such ) they can have no claim to said Sheep Pasture-For we find,
Ist That the Town in general always disposed of the Common Land as they thought fit till December 26 1704.
2nd And that they might have done so still even to this Day, if they had not then limited & restrained themselves by settling a particular Propriety by name, To the Exclusion of some New Comers into Town, who otherwise would have had an equal Right with the Rest of the Freeholders.
3rd The Proprietors (Considered exclusively of the other inhabitants) derive all their Right from the Town. They hold the Commons by virtue of a Town Grant, as indi- viduals do, who at this Day buy or beg Land of the Town.
4th No Part of the Commons was granted to them, that was settled before by a Town vote; as was the case with re- spect to the mile and half lands & the Sheep Pasture.
5th The Proprietors themselves expressly assent to this at their Ist meeting Jany 3 1704-5 by passing a vote, that all former Grants & Disposals made by the Town since they were a Town, should remain firm and inviolable forever.
6th The Proprietors afterwards, when the undertakers quitted the Design of keeping Sheep never laid claim to said Land as their Property, tho' most of the first Proprie- tors were then living and knew how the Affair was circum- stanced.
7th The inhabitants of the Town also on that Day (who
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were as well acquainted with the Affair) never thought the Proprietors had any Business with the Sheep Pasture by vir- tue of their Grant; as appears by their twice voting to divide the Sheep Pasture among the Freeholders of Plymouth & Plimpton in the years 1716, 1717 and by choosing a Comit- tee to agree with the undertakers about a Reimbursement.
Lastly as a confirmation of the whole, The Proprietors when they made their 3d & last Division of the Commons into 10 great Lots A. D. 1711-12, They expressly say in their vote that ALL and the WHOLE of their commons should then be laid out, which manifests that they themselves thought that they had nothing to do with the Sheep Pasture (no more than with the mile & half Lands) even tho' then (as we suppose) the sheep scheme was intirely given up.
And we would further observe that the Ist Book in the Hands of the Proprietors Clerk properly belongs to the Town. For Ist Said Book was purchased A D 1702 above 2 years before the Propriety was constituted & formed, Con- sequently must be at the charge of the Town. Accordingly the general Title of said Book on the first Leaf runs thus, "Plymouth Town Book for recording the general Grants of the new Division of uplands June 19 1702." Namely the 30 Acre Division then granted by the Town, 2nd The first part of said Book is taken up in recording said 30 acre Town Grants (viz, near 80 Pages) which were made in the year 1702, long before the Propriety had a Being. And in the Rest of the Book, we find Town Grants & Proprietors Grants recorded promiscuously together.
- 3d, The Reason why the Town never claimed said Book, we apprehend to be because the Town Clerk & Proprietors Clerk were alwy's the same till now.
4th we apprehend that the Proprietors Clerk can give no legal (attested) Copies of Town Grants contained in said Book; which might prove of fatal Consequence to Parties in Contests in Law.
5th Hence it appears to us necessary that the Town take effectual care for the Calling a Proprietors meeting, that measures may be concerted between the Town & them for the Removal of there & other Difficulties.
These things occurring to us in prosecution of the Business we were chose for by the Town, tho' some of them do not come so immediately within our Commission, we tho't it
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PLYMOUTH RECORDS.
Duty to communicate them for the Towns Consideration, and humbly submit the same.
Plymouth August 23 1766.
Thomas Foster John Cotton, John Torrey.
[231.] The Town having accepted of the Committees Report, They voted that Thomas Foster Esqr, John Cotton Esqr & Deac John Torrey should be a committee to take proper steps for Calling a Proprietors meeting as soon as may be. Then the Town voted to choose a Committee to consist of three, to look after the common Land Called the Sheep Pastures, to search how it is bounded, and to take proper steps to prevent encroachments on it, and to plan some method for the future improvement of it for the Towns better advantage, and to act & do any thing that may appear requisite relating to the claim that any other Town may make to any Part of said Land.
Committee chosen are Thomas Foster Esqr, Deacon John Torrey & William Watson Esqr.
Then the meeting was adjourned to 4 o'clock P M.
At the Adjournment at 4 P. M. The Committee chosen to draw up instructions for the Representative reported their Draught which after thrice Reading was accepted by the Town. And the Town Clerk ordered to wait on James Warren Esqr with a copy of the same-which is as follows : To James Warren Esqr Representative of the Town of Plymouth.
Sir :-
The Town having met together according to your Re- quest to give you instructions for your conduct in the great & general Court relative to making good the Damages sev- eral Persons in the Town of Boston sustained in the late Times of general struggle for Liberty-would observe to you-
That altho' this Town has the highest Detestation of all mobbs & riotous Proceedings and disapprove of the Acts of Violence that have been committed, and are sensibly affected with the Losses sustained; yet the Town cannot see any good Reason why the Losses those Gentlemen have sus- tained should be made good, rather than any Damage, which other Persons on any different occasions might happen to
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suffer-And more especially as they have not thought proper to apply in a Parliamentary way. Neither can we think it Just & reasonable to make the Community chargeable with the crimes committed by a few individuals.
If the sufferers should hereafter apply to the general Court in a Parliamentary way for Relief, we would suggest to you, That there is a very material Difference between those who have suffered from their Attachment to an Act of the British Parliament, and those who have suffered from a want of due Attachment to the Constitution of their native country.
We the subscribers being chosen by the Town to Draught proper instructions for their Representative on the above oc- casion, Do present the above for their consideration.
Lazarus LeBaron Thomas Mayhew, Nathl Goodwin.
Then voted, that the Town Treasurer be directed to put those Town Bonds in suit upon which interest has not been paid for some years, in case the interest be not speedily paid. And that special care be taken to prosecute those Bonds that appear any thing dubious.
At this meeting the Selectmen of the Town regulated the Jury Boxes agreeable to the Law of this Province.
Then the following Persons were chosen to serve on the Jury of Tryalls at next October Court viz :
Nathaniel Donham,
Nathaniel Barnes, Robert Bartlett, Ebeneser Nelson.
[232.] At a Town Meeting assembled & held at the Court House in Plymouth on Wednesday the 3rd Day of December A. D. 1766 at 3 p. m.
William Clark, Israel Clark, Jonathan Samson, Zephaniah Holmes were chosen to serve on the Jury of Tryalls at the Inferiour Court on the 2nd Tuesday of December instant.
Whereas there is a dispute between Nathaniel Goodwin merchant & Nathaniel Leonard yeoman, both of Plymouth in the County of Plymouth concerning the Partition Fence between their respective Lots in said Town, and the said Goodwin having applied to us the subscribers Fence-Viewers of said Plymouth duly chosen & sworn to settle & determine the said Difference on Dispute; we the said Fence-Viewers upon a view of their respective Lots do agree & determine
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PLYMOUTH RECORDS.
that the lower Part of said Fence shall be maintained by the said Nathaniel Leonard his Heirs & Assigns according to Law, To begin at the lower end of his Lot and to run up the Hill towards the Road, one hundred Foot-And the Re- mainder of said Fence to the Road being about an hundred & ten Feet to be maintained by the said Nathanael Goodwin his Heirs & Assigns. In Testimony whereof we the said Fence-Viewers do hereunto set our Hands this seventh of January A D 1767.
Silvanus Bartlett Saml N Nelson.
At a Town Meeting Assembled & held in the Court House in Plymo of the Freeholders & other Inhabitants of the Town of Plymo Quallifyed according To Law on Monday the 2nd day of March Anno Domini 1767.
James Warren Esqr Chosen Moderator & Took the oath by Law Prescribed.
Ephraim Spooner chosen Town Clerk & sworn before Ed- ward Winslow Esqr.
George Watson & Thomas Foster Esqr Doctr Lazs Le- baron, Deacn John Torrey & John Blackmer chosen Select- men, and took the oath pr Law appointed ( Except Coll Wat- son who was not Present). Then a Vote was Calld to know the Towns mind whether they will choose a Commit- tee to make a Draft of the best manner as they may Judge for the Town to Proceed in pr order for the choice of Con- stables & Collectors for the year Ensuing. Voted in the af- firmative, and then made choice of Messrs Thomas Foster Esqr, Deacn John Torrey & Doctr Lazarus Lebaron to be said Committe, They to make Report at the time this meet- ing may be Adjournd to.
Then said meeting was Adjourned to two of the Clock in the afternoon.
Att the Meeting of the Town Abovesd at two of the Clock in the afternoon of said Day the Report of the Committee appointed to Consider of some Propper method for the Town to Come into, Respecting the Choice of Constables & Collectors was Red, which was in the words following. viz, the Committe to whom was Referd the Consideration of Comeing Into some new method for choosing Constables for the year Ensuing For the Town of Plymouth, beg leave to Report as follows viz : that there be five Constables chosen at this March meeting & that the Constables serve as Col-
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