USA > Massachusetts > Plymouth County > Plymouth > Town annual report of Plymouth, MA 1743-1783 (vol. 3) > Part 30
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[390.] At a Meeting of the Town of ( Plimouth) Le- gally Assembled & held at the Court house in Plimouth July 20th 1778 by Adjournment from the 13th Currant- viz the March Meeting.
John Cotton Esqr the Moderator being Absent Thomas Mayhew Esqr was Chosen Moderator for the Day.
John Goddard being in Meeting after Some Considerable Discorse he offerd to Serve as Collector on the Conditions Below viz he to Collect the Tax for the whole Town Ex- cepting Manument Ponds Precinct, the Town Voted to Give him Thirty pounds and the Usual Premuim of twelve pence on the pound, Excepting & Reserving liberty to those Inhabi- tants that pay in the money to said Goddard within three months after he shall have Given them Notice thereof That they who pay accordingly Shall Save the Premium of Six pence on the pound to themselves & the Sd Goddard the Col- lector Shall Deduct it accordingly out of their Taxes Allso he Shall Immediately after he receives the tax bills leave an account at Each mans house, or usual Place of abode of their Particular Taxes.
Then made Choice of Messrs John Goddard & Thomas Torrey Constables who were Sworn in town meeting by Thomas Mayhew Esqr.
Then voted & Directed the Committe for Supplyg the Grammer School, that they Procure a suteable Schoolmaster on the best terms they Can for the term of six months.
Then made Choice of Mr Jonathan Harlow Junr Con- stable & Collector for Manument Ponds & Sworn before Thomas Mayhew Esqr.
Allso Voted to Allow him a Premuim in the Same Pro- portion as is allowd to John Goddard above.
Then this meeting was Adjournd to Monday ye 27th Currant to 3 a Clock in the afternoon.
At a Meeting of the Town of Plimouth Legally Assembled & held at the Court house in Plimouth July 20th A D 1778.
Thomas Mayhew Esqr was Chosen Moderator.
23
354
PLYMOUTH RECORDS.
Then Voted and Directed the Selectmen to hire so much money as is necessary for paying the Bounty orderd by the Generall Court to be paid to Each of those men, that Go from this Town into the State of Rhode Island for the De- fence thereof which is fourteen pounds a peace. And the Town will pay the Same & Save the Sd Selectmen from all Charge & Dammage therefrom.
Then voted that Genell Warren, William Watson Esqr & Capt Elkanah Watson be a Committe to take into Con- sideration the Petition of Mr. Nathl Healey our Presant Schoolmaster Desiring an addition to be made to his Sallery & report their opinion to the Town.
[391.] Voted & Chose Messrs Samuel Jackson Stephen Samson & John Goddard a Committee to Demand those Guns that belong to the Town which are lent to Several persons & If any persons refuse to return them Said Com- mitte to Prosecute such persons Immediately.
At a Meeting of the Town of Plimouth July 27th 1778 by Adjournment from ye 20th Currant viz the March Meet- ing-Joseph Bartlett Junr was Chosen of the Committe for Supplyg the Soldiers Familys agreeable to an order of the Generall Court in the room of Mr Nathl Morton Junr who Excused himself from any further Service in that affair.
Then the Meeting was adjournd to Monday ye 3rd of August next to 2 a Clock P M.
At a Meeting of the Town of Plimouth Legally Assem- bled & held at the Court house in Plimouth ye 15th day Sept Anno Domini 1778
John Cotton Esqr was Chosen Moderator.
Then Voted & made Choice of
Messrs Sylvanus Bartlett Andrew Croswell George Wat- son Esqr Thomas Davis & Thomas Jackson a Committee to take Into Conideration the two last Parregraphs in the War- rent Respecting Supplying the poor. And Respecting Give- ing out the Rate bills to the Collector, and to report to the Town at the Adjournment what they think Proper for the Town to do in these affairs.
Then made Choice of Messrs Josiah Morton Junr & Wil- liam Bartlett to Serve on the Petit Jury at the next Inferiour Court of Common Pleas to be holden at Plimouth on the first tuesday of Octobr next.
And Messrs Samuel Jackson James Drew Eleazr Stephens
355
PLYMOUTH RECORDS.
Joseph Croswell Samuel Cole & Thomas Jackson were Chosen to Serve on the Jury at the Meretime Court to be Holden at Plimouth ye 23rd day of Sept Currant.
Then the report of the Committee Respecting Mr Nathl Healey's Request Respecting his Sallery was read which was follows viz-
Your Committe agreeable to the Desire of the Town haveing taken into Consideration the Petition of Mr Nathaniel Healey relative to his haveing a further Allowance for Keeping the Grammer School, Beg leave to report, That it is our opinion that the Sd Mr Healey ought to be allowd one hundred pounds for the last years Service, and that no Deduction be taken from the Sd one hundred pounds for Board.
William Watson pr order of ye Committe.
Then Voted to accept said report & to allow & pay to Sd Mr Nathl Healey the Sd Sum of one hundred pounds for his years Sallery without any Deduction for Board.
Then this Meeting was Adjourned to Monday ye 28th Currant to 3 a Clock P M.
[392.] Plimouth Septembr 23rd 1778.
Messrs Isaac Symmes Sylvanus Bartlett Sylvanus Har- · low & Thomas Davis were Chosen to Serve on the Jury at the Meratime Court Holden at Plimouth this Day.
At a Meeting of the Town of Plimouth Assembled & held at the Court house in Plimouth Septr ye 28th A D 1778 by Adjournment from ye 15th Currant, Voted & Made Choice of Capt Jesse Harlow Mr Stephen Samson & Mr Daniel Diman a Committe to make Enqiury whether they Can procure a Suteable person to Supply the Families of those Soldiers that are in the Continentall Armey belonging to this Town agreeable to the order of the Generall Court & upon what Terms, & to make report at the Adjournment.
Then this Meeting was Adjournd to Monday ye 12th of Octobr next to 3 a Clock in the afternoon.
The Town met on the 12th of October 1778 according to adjournment And there being but few present, the meeting was further adjourned to Monday the 19th of October in- stant at 3 a Clock P M.
Attest John Cotton Modr.
At a Meeting of the Town of Plimouth Legally Assem- bled and held at the Court house in Plimouth on ye 19th
356
PLYMOUTH RECORDS.
Octobr 1778 by Adjournment from ye 12th Instant-Capt Jesse Harlow appeared in Town Meeting & offered to do the business of Supplying the Soldiers Famelys in the Town for the term of one year Agreeable to the order of the Generall Court for the Premium of Seven & a half per cent, viz he to have that premium for all the money he Disburts to them. The Town then voted to Give Said Harlow Sd Commissions for doing Sd business.
Then Voted & made Choice of Mr Sylvanus Bartlett Wil- liam Watson Esqr & Mr James Drew a Committe to Inspect the rate bills that are or may be Given to Mr John Goddard our presant Collector, and See what money he may have Recd & how much he may have paid out from time to time and report to the Town from time to time how he hath Conducted as Collector Untill he Shall have Compleated all his Collections & paid in the Same, as he is or may be ordered. Allso to Give him their Advice what persons to make distraint upon as it may be necessary.
Then Voted and Directed the Assessors to make a Town Tax for a Sum not Exceeding Sixteen hundred pounds, Chiefly to Support the Famelys of those Soldiers that went into the Continentall Armey from this Town, to make Sd tax at the Same time they make the Presant State Tax.
*The Revd Mr Abraham Williams who was Chosen to Preach the next Anniversary Sermon in this Place for Rea- sons Excused himself.
Then made Choice of the Revd Jonathan Moor to Preach a Sermon on sd Day in this Place and then Chose William Watson Esqr, Majr Joshua Thomas & Isaac Lothrop Esqr to apply to him for that purpose.
[393.] At a Meeting of the Town of Plimouth Legally assembled & held at the Court house in Plimouth Novr 23rd A D 1778.
John Cotton Esqr was Chosen Moderator.
Then voted to raise the Sum of Three Thousand pounds Towards defreying the Charges of the Town the Currant year.
Then Voted & Chose William Watson Esqr Mr Thomas Jackson & Mr Isaac Symmes a Committe to take into Con-
* Rev. Abraham Williams declined, and Rev. Jonathan Moor was invited, who also declined, and Rev. Timothy Hilliard of Barnstable was invited and accepted.
357
PLYMOUTH RECORDS.
sideration those Parregrafs in the Warrent Respecting Sup- plying the Soldiers familys, Determining who shall be Sup- plyd. Setting to work those persons that spend their time in Idleness & are Dayly beging from house to house. And respecting binding out those Chlidren that are in the Allmes- house or Elsewhere in town that are brott up in Idleness & in the way to Ruin.
And report to the Town what they think Proper to be done in Those Cases.
Allso Sd Committe to report what they think Proper for the Town to do Respecting purchaseing any part of the Hos- pittall on Their Land at Donhams Neck. All at the Adjournment of this Meeting.
Messrs Phillip Leonard & Sylvanus Howes were Chosen to Serve on the Petit Jury at Decr Cot next-viz the Second Tuesday of said month.
Then This Meeting was Adjournd to ye 30th Currant to 2 a Clock P M.
At a Meeting of the Town of Plimouth Assembled & held at the Court house in Plimouth Novembr 30th A D 1778 by Adjournment from ye 23rd Currant.
The Committe appointed by the Town to Wait on the Revd Jonathan Moore with the Vote of the Town Request- ing him to Preach the next Anniversary Sermon in this town reported They had Recd a letter from that Gentleman Informing them that his affairs were so Circumstanced that he Could not preach a Sermon in this Town on Sd Day.
Then made Choice of The Revd Timothy Hilyard to Preach a Sermon in this Town on the next Anniversary of the first landing of our forefathers in this Place. And made Choice of the Honourabl James Warren Esqr Wililam Wat- son Esqr & Majr Joshua Thomas a Committe to Commu- nicate Sd vote to Sd Gentleman & Desire his Complyance therewith.
Then this Meeting was Adjournd to Wednesday ye 2nd day of Decr next to two of the Clock in the afternoon.
[394.] At a Meeting of the Town of Plimouth legally assembled & held at the Court house in Plimouth Decembr 14 A D 1778
John Cotton Esqr was Chosen Moderator
Then voted to Prefer a Petition to the Generall Court of this State desiring they would Grant us a Precept for the
358
PLYMOUTH RECORDS.
Choice of one more Representative, Capt Thomas Nicholson our Presant Representative being gone to Sea, & it is un- likely he will be able to attend the next Sessions of said Court.
Accordingly made Choice of Colo Theophilus Cotton an Agent for that purpose.
Then the Meeting was Adjournd to ye 21st Currant to 3 a Clock in the afternoon.
At a Meeting of the Town of Plimouth Decr 21st by Adjournment from the 14th Currant.
Voted & Directed the Committe who were Chosen at a former meeting to Consider & Determine Respecting the Supplyg of the Soldiers familys & what Famelys Shall be Supplyd agreeable to the order of the Generall Court to re- port to the town at the next town meeting.
At a Meeting of the Town of Plimo on ye 21st day of Decembr abovesd.
John Cotton Esqr Chosen Moderator.
Voted & directed the Selectmen to procure the Shirts &c for the Continentall Army agreeable to a late order of the Generall Court on the best terms they Can & Send them to the Agent appointed to receive them & the Town will pay all the Cost & Expence thereof.
viz 95 pr Shoes
95 pr Stockings
95 pr Shirts
Then voted & Directed the Selectmen to Enquire what Lead there is in this Town that belongs to the Town, & All- so What Gunlocks that belong to the Town, & to dispose of what is not needed by the Town of both of those articalls for the most they will fetch for the Bennefitt of the Town.
[395.] At a Meeting of the Town of Plimouth Legally assembled and held at the Court house in Plimouth Janry IIth A D 1779 Isaac Lothrop Esqr was Chosen Moderator. Then made Choice of Messrs
Thomas Jackson Nathaniel Morton Junr
Ezekiel Morton
James Doten
Stephen Samson
Ichabod Holmes & James Drew
a Committe to Repair to the Beach in this Town take Effec- tual Care that what Meteriall are now there Suteable for re- pairing the Same be Secured for that purpose, and to take
359
PLYMOUTH RECORDS.
Care in Concert with the standing Committe for takeing Care of the Beach, That no neet Cattle, Sheep or horses be allowd to feed thereon. And to consider & report what the town had best do in the Premises, at the Adjournment.
Then voted that the thanks of the Town be given to the Revd Mr Timothy Hilliard for his very sensible & Elegant Sermon preached on the last anniversary in the Town & that a Committe be appointed To transmit to him this vote & at the Same time to express to him the hgh Sentiments This Town Entertains of his Conduct on this occasion & there wishes that the Situation of this town would admit them to ask a Copy to be printed for the Benefit of the publick.
Voted and appointed Wm Watson Esqr John Cotton Esqr & Ephm Spooner a Committee to Present the above vote to the Revd Mr Hilliard.
Then this meeting was Adjournd to ye 19th of Janry Currant 3 a Clock P M.
At a Meeting of the Town of Plimouth Legally assembled & held at the Court house in Plimouth Janry 19th 1779 by Adjournment from ye IIth Currant.
Isaac Lothrop Esqr the Moderator being Absent Thos Mayhew Esqr was Chosen Moderator.
The weather being Verry Could the Meeting was Adjournd to the School House.
Then after meeting in the School House The Report of the Committe Respectg Repairing the Beach was read and is in the Words following viz-
In Pursuance of a Vote of the Town of Plimouth on the IIth Instant the Committe then Chosen have Been & viewed the breaches made in the Town Beach in the late Storm, are of opinion that as the Season of the year is so verry Boisterous that it is best for the Town to lett the Beach lay as it is untill Some time late in the next Spring & then to Errect two Rows of Hedge fence at Each End of the Beach woods which is about three hundred yards and that their be Stuff procured for the same against that time. Plimouth Janry 19th 1779
Thomas Jackson James Drew James Doten Stephen Sam- son Committe.
Then voted to put of the Consideration of Said report untill the March meeting.
[396.] At a Meeting of the Town of Plimouth assem-
360
PLYMOUTH RECORDS.
bled and held at the Court house in Plimouth Febry 25th Anno Domini 1779
Messrs Israel Clark Joseph Bartlett Junr Nathaniel Car- ver Stephen Doten Nathaniel Barnes & Benjamin Drew were appointed to Serve as the Jury at the Meratime Court to be holden at on the 2nd Day of March next
At a Meeting of the Town of Plimouth Legally assem- bled & held at the Court house In Plimouth on Monday ye 8th day of March A D 1779.
John Cotton Esqr Chosen Moderator.
Ephraim Spooner Chosen Town Clerk & Sworn pr Wil- liam Watson Esqr.
Then voted to Choose Selectmen & overseers of the Poor to be Distinct offices. Each to act in their particular De- partment.
Then made Choice of Deacn William Crombie Mr Isaac Symms Mr James Drew Capt Zacheus Bartlett & Ephraim Spooner Selectmen
Then voted to Choose a Committe of Eleven persons to take into Consideration the Distressing & most Alarming Circumstances of the Inhabitants of the Town for want of Bread, Corn & other Provisions & Report to the Town what they think Proper to be done in that affair at the Adjourn- ment, Accordingly made Choice of
Ephraim Spooner
Colo George Watson
Colo Theophilus Cotton
Capt Thomas Davis
Mr Isaac Symms
Mr Thomas Jackson
Capt Thomas Nicholson
William Watson Esqr
Mr Samuel Jackson Majr Nathl Goodwin Isaac Lothrop Esqr a Committe for that purpose.
Then voted that Inasmuch as Mr Lemuel Morton Late of This Town Deceasd in his last will Generously Gave this Town one hundred pounds for the use of the poor of Sd Town, The Town Entertains the highest Sense of Gratte- tude of the Donor's Generossety & order this vote to be re- corded and that a Copy thereof be Presented by the Town Clerk to his Sd Morton Executors.
[397.] At Sd meeting the Town voted that the State of the Case of those Lands Calld the Sheep pasture belonging to this Town & our title thereto as Drawn by John Cotton Esqr Should be Recorded in the Towns book which is In the words following viz-
361
PLYMOUTH RECORDS.
In May 1703 The Town of Plymouth voted That a Partic- ular Track of Land Consisting of three miles Square (per- ticularly discribed and bounded) Shall lay for a perpetual Common.
And then Granted the Use of it to Sundry Inhabitants (mentioned by name )to keep Sheep on, who had Sub- scribed 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 and improve 20 acres of said Land.
Liberty was allso granted any other Freeholder of the Town to joyn with them afterwards if they Saw cause, upon certain Terms.
The undertakers pursuant to the above Grant built a House & Folds on Said Land and put a Shepherd thereon; and improved it in that manner for 3 or 4 years or more. But after Tryal finding the Design unprofitable they wholly quitted it, withdrew their Sheep, took away their Folds and never made any Attempt of that Nature Since. So that the Use & Improvement of the Land reverted to the Town as much as if said Grant had never ben made; the Fee of it being in the Town before being never granted away. This Point is not contested by any. In the year 1706 Plimton (in which Part of the Land lyes ) was made a Township be- ing wholly taken off from Plymouth. In the year 1726 Kingston was made a Township (the greater Part of which was taken off from the ancient Town of Plymouth the rest from Duxborough & Pembroke). Part of the above Lands (and much the best Part) lyes within their bounds.
The Question then is Whether Plimpton & Kingston Shall come in for their proportianable Share of Said land as be- ing Part of the ancient Town of Plymouth, when the above Grant was made, or whether they are cut off from any Claim by their becoming distinct Townships, and the whole of Said Common to belong to the present Town of Plymouth.
The Pleas that Plimpton & Kingston will use in support of their Claim will be-
I That Part of the Land lyes within their Bounds.
II That their Right as Proprietors cannot be lost meerly by their being joyned to a new society, without Some Act of the Court or Acquittance of their Right made by themn- selves.
362
PLYMOUTH RECORDS.
To this we answer
Ist That if they claim meerely as Proprietors (Separate from the Ist Plea of the Lands lying partly in their Towns) then their Claim would equally extend to the other Com- mons lying wholly within the present Town of Plymouth (and even to the very land our Meeting House Stands upon) which is certainly absurd, and what they never pretended to. So that it seems the Controversy will chiefly (if not wholly) turn upon this Point, whether Part of the Lands lying with- in their Bounds gives them a Right
2d If this be the Case the necessary Consequence is- Each Town must take the whole included
[398.] within their Respective Bounds, There is the Same Reason for taking all as any Part, but how unrea- sonable is this? Then Kingston would have the largest & best share (altho the Smallest of all) Plimpton would have but a trifle, and Plymouth ( who had 20 or 30 Inhabitants to one at the Time of the Grant ) would be put off with a Third or less, quantity & quality considered.
3rd It's being included within their Limits only proves their Jurisdiction not their Property. Tis the Same here as in personal Cases. For Surely a Town may own Land in another Town (as Plymouth once did & now do in Middle- boro) as well as Individuals.
4th There is no need of a formal Acquittance of their Property. Their very asking for a Township is an implicit giving up their Rights as Members of the Town of Plym- outh. Tis as much a Just claim of all their common and Town Rights, as if they removed out of the County.
III Plimpton in particular will urge that Plymouth have already granted that they have a Right to Part of this land by their choosing a Committe in the year 1716 to treat with them about a Division of it, and that Said Committe agreed that Plymouth Should have two Thirds, and Plympton one Third of Said Sheep Pasture. To this it may be answered
Ist That no Record of any Part of this Proceeding can be found in Plymouth Town Book (altho it has been care- fully Searched leaf by leaf) no account of any Committe Chosen for that purpose, or any Sort of agreement made or Report returned to the Town. But all that is found about (it )is in Plimpton Records only which evidences Plymouths final Dislike of the Proceedings; and therefore order'd their
PLYMOUTH RECORDS. 363
Clerk, that no Traces of it Should appear on their Records.
2nd If Such a Division was really proposed in that Day, it might have been founded more upon what they thought Principles of Equity, than from any apprehension of Plimp- tons legal Right; which tis not likely they even Strictly Fn- quired into And the Agreement being never compleated nor confirmed by the Town, it is the Same thing as if nothing had been done.
IV Kingston in particular will Plead the words of the Court Grant, when they were made a Township, which run thus-"Provided & be it further enacted, that nothing in this Act contained Shall be construed, deemed, judged or intend- ed to hinder or prejudice the Right & Interest of all or any Persons whatsoever in any of the common or undivided Lands within the Town of Plymouth & Kingston aforesaid, but the Same Shall remain as heretofore."
Some of Good Judgement among us think this makes against them. It appearing from Some Minutes left, that this was the Grand objection made use of against their be- ing a Township ( which was violently opposed by Plymouth) That they would take off some of the best of our Common Land. The Court to remove the Difficulty declare. That the Grant of a Township Should not affect the Common Land, but that that Should remain as before : That is. Say they, it Should remain to the Town of Plymouth as it before did. But Kingston interpret the Grant otherwise, and think it established their Right. Here then we query, who puts the most proper Construction on the words of the Grant? But
let This Query be resolved as it will. It is the Province of the general Court to determine upon Property: Does not that belong to another Department, namely to the executive Courts; Whatever apprehension our Fathers might have upon the Point when they made the objection. The general Court only grants Jurisdiction and that we are willing they should have. But admitting the Courts' Right & Design to meddle with Property, and to settle the Controversy between the Parties, there is a Circumstance attending it, which Shows how Plymouth understood it at the time, which they would not have done if they had not known it had been in their Favour, in which Point they could not be mistaken. It seems to be a perpetual Memento to guard against any fur- ther Claim from Kingston.
364
PLYMOUTH RECORDS.
[399.] In the last Place, we would observe is general respecting these Claims That Plimpton may claim as a Town, being wholly taken off from Plymouth, but Kingston cant do this being partly taken off from Pembroke & Dux- boro, who never had any thing to do with our Commons. How then can Kingston establish any Sort of Claim? They say, as Proprietors & Individuals (tho' not as a Society) many of them being derived from the ancient Inhabitants of Plymouth. To this I answer
Ist What Confusion will this make for Plimpton to claim in one Capacity, and Kingston in another: How can their respective Claims be ever adjusted ?
2nd The Proprietors as such have nothing to do with the Sheep Pasture: It belonged to the Town, and never was granted to the Proprietors so Called: The greater Part of the other common Lands was indeed granted to them by the Town, but not this, nor the mile & half Lands so called. They were both expressly reserved, and the Town always held the Fee of them as a collective Body, and not otherwise.
(N B The Case between the Town & Proprietors is par- ticularly Stated in the last Town Book)
But
3rd Supposing the Proprietors have a Just Claim to this Land, then neither of the Towns (as Such) have anything to do with it. How they Came Plymouth & Plimpton ( as Towns) to talk of dividing it between them in the year 1716, the Proprietors never claiming or protesting against it, at a time when the Case was fully known.
4th If they claim as Proprietors & Individuals then may Hallifax as well claim as they, one half of which was in- cluded in the ancient Town of Plymouth. What a Jumble & Confusion of Claims will this make; and how impossible to Settle them.
4th If they claim as Individuals then first every Indi- vidual that ever belonged to the Town may put in a Claim tho' they are removed a hundred miles off, which is absurd. Their being no longer Townsmen of Plymouth cuts them off. Their ceasing to be members of the corporate Society which constitutes the Township deprives them of the Rights belonging to them as such; and the like may be said here.
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