USA > Massachusetts > Essex County > Topsfield > Town records of Topsfield, Massachusetts, 1659-1739, Volume I > Part 10
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Ephraim Dorman Selectmen of Topsfield. Copya Vare atest Ephraim Dorman Towne Clarke.
At a lawfull meeting of ye Selectmen of Topsfield ye 3 of Aprill 1694.
in answer to an apointment of ye Gentlemen of Salem to goe on per- ambulation betwene Salem and Topsfield we have Chosen Leiut Thomas Baker and Capt John How and Ens Jacob Towne and Corpll Tobiiah Pirkins and Isaac Peabody to mete ye Gentelemen of Salem at time and place to efect that worke acording to thare apointment. Ephraim Dor- man in ye name of ye rest of ye selectmen of Topsfield.
ye Selectmen haue agreed and Chosen Ephraim Dorman and Elisha Pirkins to renew bounds betwene the Common and mr Baker his farme in Boxford and also to stat a highway beyond Capt Goulds hous through his meadow.
this 12th of march 1693 or 4 we whos names are under writen being chosen by ye Towne to renew or settle bounds with sargt Houey, we went to his house and desired him to show us his bounds next Topsfield Common : ye wich he could shew us none : but tould us that he must goe to ye west end of John Andrews his meadow : but could not shew us any bounds thare : and we finding a tree
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EARLY RECORDS OF THE TOWN
marked with som stones at it nere ye brook on ye northside of ye brook : ye which is said to be ye corner bounds of lumkins farme : we haue renewed that bounds : and that he shall run from that tree northwest to a little tree by ye meadowside : and so to ye brook and then ye brook to be ye bounds till it come at mr Bakers meadow: this is all we haue dun only we worned Sargt Houey to make no improvement any firther nex ye common then to that bounds and so ye brook as aboue said.
John How Thomas Dorman Isaac Peabody
At a lawfull meeting of ye Selectmen of Topsfield ye 2 day of may 1694 in answer to an apointment under ye hand of Leiut Corlonall Thomas Wade Justis of ye peace for ye renewing of ye line betwene Ips- wich and Topsfield in answer thare unto we haue apointed Leiut Pea- body and Leiut Thomas Baker and Capt John How and Isaac Peabody to answer ye apointement at time and place and ye maior parte of our men agreeing shall stand.
Ephraim Dorman in ye name of ye rest of ye selectmen of Topsfield.
Corpll Tobiiah Pirkins and Isaac Peabody weare chosen to state a high way from Thomas Perkins his house along by Sargt Daniell Rid- ingtuns to ye Cuntry roade by old father wilds his house. uoted. At a lawfull Towne meeting ye 11th of may 1694.
whare as the inhabitence of Salem Villidg lays Claime to our land on ye south side of ye reuer and haue comminsed a suit against Corpll John Curtious on that a count : ye Towne haue agreed to stand by Corpll John Curtious in ye defence of his and ye Townes right. uoted.
Leiut Thomas Baker and Capt John How are Chosen to defend Corpll Curtious and the Towns Right on ye south sid of ye reuer against the Claims of ye inhabitence of Salem Vilidg till ye cause be isshewed.
uoted.
The Towne did declare by uote not to send a deabuty to ye Gennar- all Court next to be held at Boston-not knowing but thay might be exs- cused by law Capt Gould and Ephraim Dorman desents as to that uote and also Daniell Borman.
ye Toune by uote doe declare that Sargt Houeys fence on ye south side of ye Brook called Pye Brook shall be pulled up from time to time untill sargt Houey can proue whare his bounds be next ye common. uoted.
Ephraim Dorman with Leiut Baker is chosen to renew leiut Bakers Bounds next ye common by ye said dormans house. uoted.
it was uoted that Sargt Houeys fence aboue said shall stand till ye middle of next June and If he can make out his title to ye satisfaction of ye Selectmen and ye commity consernd and if he cannot or doth not ye commity consernd haue pouer to pull doune his fence and ye Towne will stand by them. uoted.
Elisha Pirkins and Ephraim Dorman being apointed to state a carte way through Capt Gould meadow and ouer ye
fishing brook so caled: thare being a way ordered from ye
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OF TOPSFIELD, MASS.
meeting house to mr Endicuts farme : and ye way not being stated ouer ye said brook and through ye meadow aboue said we haue stated it as foloweth : we began on ye west side of ye said meadow and marked too young red oaks with heapes of stones at them being about a rod a parte : and we stated ye way to hould ye same breadth along ye old carte way baring half a rod from ye senter of ye old way to ye right and left till it coms about four rods of ye foot of ye horse bridg : and then to inlarge to ye left to include the horse way now in being to ye bridg and also to include ye bridg : and then we alow liberty from ye foot of ye horse bridg on ye east side of ye brook till it coms about one rod and a halfe from ye bridg and then it is stated one rod in breadth along ye old way as it is stated on ye other side: thare being a cherry tree marked with a heape of stones at it : and on ye left sid a stake and a heape of stones at it both on ye side of ye upland on ye east side of ye meadow.
Elisha pirkins Ephraim Dorman
Copia uare atest Ephraim Dorman Towne Clarke for Topsfield.
At a lawfull meeting of ye freehoulders and other inhabitence alowed by law ye 4th of iune 1694 Leiut Baker was Chosen representa- tiue to sarue at this Gennarall Court now houlden at Boston. uoted. Leiut Baker being presant did declare himselfe onwilling to goe. At a lawfull Towne meting ye 25 of iuly 1694.
Sargt Daniell Ridington and sargt John Houey and sargt Samuel Hou- let are Chosen asesers acording to ye Treasurers worrent for our Towne. uoted.
The said asesors sargt Houey and sargt Houlet and sargt Ridington were sworne to thare faithfull discharge of thare duty as the Court act directs by me Ephraim Dorman Towne Clarke ye 28th of july 1694.
we whose names are under writen by order of ye Towne went to Sargt Houeys house and he not being at whome we red our order to his wife and sun Luke and then his son went with us: and we Puled up eight lengths of fence and declared we did it by order of ye Towne: and then before we weare gone came sargt Houey : and we shewed him what we had dun : ye fence wee puled up stood on ye Towne Common on that side of ye brook next long hill this we did on ye 13th of july 1694.
John How Thomas Dorman Isaac Pabody
Copia Vare atest Ephraim Dorman Towne Clarke for Topsfield.
At a lawfull meeting of ye freehoulders of Topsfield and others alowed by law ye 7th of September 1694 Thomas Pirkins is chosen grand Juryman to sarue at ye next Court houlden at Nubary the last tuesday of this instant : and Capt John How and sargt Samuell Houlet are Chosen to sarue on ye Jury of trialls at the Court aboue said. uoted.
Sargt Houlet propounded for a draine crose the way from his field to mr Capens meadow and ye said Houlet ingaged to make a bridg ouer it and kep it in repaire at his owne cost and charg : the inhabitence here preasent did mannifest thare free consent. uoted.
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EARLY RECORDS OF THE TOWN
At a lawfull Towne meting ye 10th of october 1694. ye Towne being worned by ye Selectmen to Chuse a Towne Treasurer the Towne finding he should be chosen when ye other offisers are Chosen and thare being but a small aperence the Towne did manifest by uote to sospend it for ye preasent.
uoted.
The Towne did agree to isshew the deference betwene ye Towne and Sargt Houey about Sargt Houeys claimes of land in a course of law. uoted.
and ye Towne did Chuse Capt How and Isaac Peabody and Corpll Tobiiah Pirkins to proseed with Sargt Houey in a corse of law in ye behalfe of ye Towne for ye recouering of ye land as he claimes which ye Towne aprehends to be thare common : or to chuse an aturny for yt end. uoted.
The Towne did alow of Leiue Bakers bills of charg giuen in to ye Selectmen for his serueing Dabuty and ten shilings for his exspence at nubary and for copyyes of Records. uoted.
and also ye Towne alows Capt Hows bills of charg sixtene shilings for atending at boston and nubary courte. uoted.
and the Toune did agree to alow Corpll Curtious eight shilings for atending att Salem Courte all these bill ware giuen to ye selectmen in ye yeare 1694 and ware alowed and uoted.
Nathniell Auerill desents as to alow ye said Curtious his charg.
The Towne did manifest by uote that our dabuty Leiut Baker should prefer a petesion to ye Honered Genarall Court in this instant october that Salem should run out ye deuesionall line acording to agrement. uoted.
We whose names are under writen being apointed by ye Towne to diuid a parsell of land with Leiut Thomas Baker and Ens Jacob Towne and C- John How it being yt land which was in contreuersy formerly with Capt John Putnam we did meet upon ye 16th day of nouember 1694 and deuided ye land and The Towne made choyce of yt part yt Joynes to ye grat ashing swamp for thare share and ye aboue said Baker Towne and How haue ye other parte joyneing to Phillip Knite and others: ye diuisionall bounds betwene ye Towne Common and ye said Baker Towne and How: is about seauenty rods from a walnut tree nere John Nickols iunr begins at a white oake marked with stones at it and from thence on a straight line to an oylenut tree which is Isaac Burtons tree marked and so joyneing to Salem Line this being our mutuall agrement as witnes our hands this 16th of nouember 1694.
Ephraim Dorman Isaac Pabody John How
Thomas Baker Jacob Towne
The 29 day of may 1694 ye selectmen stated a way from Thomas Pir- kins his house to ye roade to old father Wilds his house: we stated ye rode from said Pirkins his hous: bareing two rods in breadth : ye old beten way now in being being ye senter of ye way till we com to mr Bradstreets land whare a gate now standeth and then on ye northeast side of ye gate we marked a white
.
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OF TOPSFIELD, MASS.
oake on ye eastwardly side of ye way in mr Bradstreets land by ye gate : and so along to mr Bradstreets bound tree: by cow pen brook so called : being on ye eastwardly side of ye way : and a red oake marked on ye other side against it: being about two rods asunder : ye way bareing ye same breadth all along : and then turneing to ye old ford ouer ye said brook : then betwene a fence on ye right : and a whight oake tree marked on ye left by ye northwest side of ye ford so by ye said fence till it coms to a popler tree marked by ye fence then turneing to ye left in to ye old beten rode and so ye beten rode being ye senter a red oake tree marked on ye left on ye hill : and then against sargt Riding- tuns house leuing ye old way to ye right thare being a walnut tree marked on ye left side of ye way : and so on a straight line by ye west corner of sargt Ridingtons barne to ye old way as leads to ye Cuntry rode by father Wilds his hous : bareing ye full breadth all along.
Ephraim Dorman Isaac Peabody Elisha Pirkins Selectmen of Topsfield.
We whose names are here unto subscribed being apointed by ye seaurall Townes to which we belong uis Topsfield and wenham with full power to make an alteration of that part of ye diuisionall Line betwene our Townes from ye brook at James Moultens Iland to wards mr Saltin- stalls meadow we haue agreed as foloweth: being met to gether this seauenth day of december anno domini sixtene hundred and ninety foure in order to ye completeing of ye same that whare as in an agreement betwene Topsfield and Wenham: Pigdins meadow so called was in- cluded to belong to Wenham and ye Iland commonly caled huckelberrey or Wenham Iland or ye gratest parte of it was included to belong to Tops- field : we haue now agreed for an alteration that ye said Pigdins mead- ow shall from hence forward belong to Topsfield and ye Iland commonly called huckellbarrey or wenham Iland shall from hence forward belong to Wenham : and ye bounds that are or shall be agreed to be ye bounds of Pigdins meadow till it comes to Beauerly ditch and then ye said ditch till it coms to ye Reuer shall be ye stated bounds betwene our. Towns of Topsfield and Wenham : and in witnes whereof we haue here unto sett our hands Interchangably. John Numan
Thomas Baker John Pirkins
John How for Topsfield Thomas Kimball for Wenham At a lawfull Towne meeting ye 18th of december 1694. whareas sum of Salem lays Claime to mikell Dwonills land for which ye said Dwonnill is atached : ye Towne did manifest that thay would stand by ye said Dwonill in this this case. uoted
Leiut Thomas Baker is Chosen in ye behalfe of ye Towne to stand by Mikell Dwonill sen in ye defence of his lands as is Claimed as aboue said.
uoted
The Towne did mannifest by uote that all honist debts due from ye Towne to pirtickquillor men in this yere shall be paid. uoted
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EARLY RECORDS OF THE TOWN
At a lawfull meeting of ye Towne of Topsfield ye 8th day ganuery 1694 or 5. ye Towne haue made choyce of Leiut Thomas Baker to manage Mikell Dwonill senr his cause against Salem farmes and to asosiate to him- selfe whom he will to strengthen ye cause and to prosicut it from Court to Court till ye case be ended ye mening is this case now comminsed against ye said Dwonill and ye Towne will bare him out in all his lawfull proseedings tharein. uoted
John Curtious senr and Joseph Towne iunr we haue layde out away from Isaac Burtons to ye Bridg as foloweth : begining at ye said Bur- tons and so as ye way now goeth to John Robison his land : and then turning to ye right by a read oake marked on ye right and a white oake marked on ye left : and so along as ye way now goeth ouer ye old ford and so along as ye beten path now goeth by Joseph Towns house and so along ye beten path [* uer] all trees marked on both sids of ye way to ye Common : and so along ye beaten path to ye bridg : we layd it out two rods wide : entered ye 14th of gennuary 1694 or 5.
At a lawfull Towne meting the 5th of march 1694-5.
Ensine Ephraim Dorman was Chosen Clark for this yere.
The Toune doth manyfest by uote that thay are willing to entertaine our neighbours of Boxford as formerly we haue dun and to that end ye Towne hath giuen libourty to set up more seates in ye meting hous for ye entertaining of them. uoted
Isaac Pabody is chosen Cunstable for this year ensewing. uoted
sargt Thomas Dorman and Corpll Tobiiah Pirkins and Elisha Pirkins and Jacob Towne iunr and Ephraim Dorman are Chosen selectmen for ye yeare Ensewing. uoted
Corpll Tobiiah Pirkins is Chosen Towne Treasurer for this yeare en- sewing. uoted
The Towne did mannifest by uote that no bills of charg should be allowed by ye selectmen but what are aprebated by ye Towne. uoted
whare as thare is liborty giuen to set up seats in ye meeting house : ye Towne haue agreed that oure neighbours of Boxford shall haue equill preuelidg with our selues in seting up those seates and to inioy them as our selues: and allso to bye seates as are set up : and to inioy them while thay contrebute to our minnistrey : and in case thay remoue thay haue liborty to sell thare seates : only to such as shall contrebute as aboue said : and in case thay cannot sell as aboue said : when thay remoue ye Towne will alow them ye worth of ye said seates: and allso to injoy ye like preuelidg with ourselues as formerly answerably to what thay pay : in these seates as weare set up by ye Towne. uoted
Capt John How is Chosen to sarue on ye Jury of trialls and Corpll John french is Chosen gran Jiuryman to sarue at ye next County Court to be houlden at Ipswich. uoted
John Nickalls senr and John Prichet are Chosen tithingmen for this yeare ensewing.
uoted
Corpll John Gould and mr Timmothy Pirkins and Corpll John Cur-
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OF TOPSFIELD, MASS.
tious are Chosen serueiers for highways for this yeare and Daniell Clarke allso is Chosen sirueyer as aboue said. uoted
John Cumings and Nathaniel Auerill and Ephraim Wilds are Chosen fence uewers for this yeare and also Isaac Burton. uoted John Kenney and John Auerill are Chosen to see that ye horsis doth uoted not goe on ye Common contrary to law.
Mikell Dwonill senr and William Smith and Timmothy Pirkins iunr are Chosen pounders for this yeare uoted
Sargt Samuel Houlet is Chosen to kepe the pound for this yeare. uoted
In answer to ye desire of boxford Towne we have Chosen Capt John Gould and Capt John How and Sargt Samuell Houlet to treat with ye selectmen of Boxford or thare Commity to here what thay haue to say and make report to ye Towne. uoted
The Towne did manifest by uote that father Louewell shall in Joy ye house and orchard for ye yeare ensewing on ye same termes as for- merly. uoted
ye Town haue agreed that Mr Timmothy Pirkins may make a dam acros ye swamp at ye south corner of his field by ye meeting house. uoted
The Towne by uote haue agreed that any ram that shall be found on ye Common any time betwene ye midle of august till ye last of october anually it shall be lawfull for any man to kill any Rams so found and giue halfe of it to ye pore and to haue ye rest for his paines. uoted
The 7th of march 1694 or 5 Ephraim Dorman tooke ye oath of a Town Clark and Corpll Tobiiah Prikins took ye oath of a Towne Treasurer and John Prichet took ye oath of a Tithingman : and Corpll John Gould and Corpll John Curtious and Daniell Clarke took ye oath of sirueyers of high ways and Nathaniell Auerill and Ephraim Wilds took ye oath of fence uewers before ye Honered Collonall Appleton.
At a third sessions of ye Generall Court of Election hild at Boston ye 15th of October 1650.
In answer to ye Requst of Zacheus Gould and William Howard in ye behalfe of Topsfield ye Court doth grant that Topfield shall from henceforth be a Towne: and haue power within themselues to order all Ciuill afayers as other Townes haue.
A true Copy as apers of Record, Examd P Is: Addington sacry. Copia Vare atest Ephraim Dorman Towne Clark for Topsfield.
At a lawfull meeting of ye selectmen of Topsfield 22 mar. 1694-5.
sargt Thomas Dorman and Corpll Tobiiah Pirkins and Ephraim Dor- man are Chosen to renew ye bounds with Boxford men betwene Tops- field and Boxford. uoted
At a lawfull Towne meeting by order of Court ye 3 of aprill 1695 Timmothy Pirkins iunr is Chosen Cunstable for this yere. uoted
Timmoth Pirkins iunr being Chosen Cunstable for ye Towne of Tops- field for ye yere ensewing : apereed and tooke ye oath proper to that office aprill ye 5th 1695 before me Thos Wade Justis of ye Peace.
Copia Vare atest Ephraim Dorman Towne Clarke for Topsfield.
Sargt Thomas Dorman and Corpll Tobiiah Pirkins and Ephraim Dor-
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EARLY RECORDS OF THE TOWN
man being apointed to goe on pirambulation on ye line betwene Box- ford and Topsfield and we apointed to meete them on ye seacond day of aprill 1695 : acordingly we met with thare Commity and demanded of them to renew ye bounds but thay neglected and sent thare excuse to our Towne.
John Nickalls senr being chosen tithingman and John Comings and Isaac Burten were chosen fence uewers thay were sworne : Salem ye 9th 1695 before ye Honered Coll Hathron as apered under his hand.
At a lawfull Towne meeting ye 15th of may 1695.
it is by uote declared yt Leiut Thomas Baker and Capt John How shall enter a complaint against L Nathaniell Putman and & John Put- man at ye next seuperier Court to be houlden at Ipswich for that ye said Putmans had giuen in a falasious and desaightfull testimonies against Topsfield at ye last Court of Please hild in Salem to ye grat damage of Topsfield. uoted
Ensine Ephriam Dorman is Chosen Jueriman to sarue at the next Superer Court to be holden at Ipswich. uoted
Corpll Tobiiah Pirkins was Chosen representitiue to sarue at ye next Genarall Court of election at boston.
Charls Towne ye 21th January 1692.
then Reseued of mr Ephraim Wilds Cunstable of Topsfield ye sum of twenty fiue Pounds four shilings in bills of creadit in parte of said Towns last asesment : I say reseued P John Phillips Treasurer.
Charls Towne ye 24th may 1693.
then Reseued of mr Ephraim Wilds Cunstable of Topsfield ye sum of thirty eight pounds fiftene shilings and ten pence in parte of said Townes last asesment I say reseued P John Phillips treasurer.
Boston may ye 8th 1694 Reseued of mr Ephraim Wilds Constable of Topsfield thirtene pounds fiftene shillings and three pence in parte of said Towns asesment I say reseued for mr Jams Tayler Treasurer P Jer. Allen. £13: 15: 3.
Boston fabruary 13th 1694.
Reseued for mr Ephraim Wilds Cunstable of Topsfield four pounds two shilings and eleuen pence in full of said Towns asesment to ye thirty thousand pound rate I say reseued for mr James Tayler treasurer. £4:2:11.
P Jare Allen
At a lawfull meeting of ye Towne of Topsfield ye 24 of July 1695.
Capt John How is Chosen Commisioner to Joyne with ye Selectmen to take an acount of ye Towns estat and to cary it to ye Shere Towne acording to ye Honered Treasurers worrent. uoted
The Towne haue Chosen Leiut Thomas Baker and Capt John How and Sargt Samuell Howlet and Isaac Peabody and Ephraim Wilds to be a commity in ye behalfe of Topsfield to Joyne with ipswich or a commity in thare Towns behalfe to renew and settle ye bounds of mr Simonds farme betwene said farme and Ipswich
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OF TOPSFIELD, MASS.
Common to prevent all firther Troble at law and what ye maior part of ye said Commity doth agree about as aboue said the Towne will stand by and it shall be a finall determinasion.
uoted
whareas fiue men weare Chose ye 6 of march 1693 or 4 to run out ye line betwene Salem and Topsfield ye Towne doth giue ye same Commity uiz Leiut Thomas Baker Capt John How Ens Jacob Towne and Corpll Tobiiah Pirkins and Isaac Pabody power to send two men to uew that land as ye Towne doth conseue is our dew : and if ye said Commity or ye maior parte of them doe conseue it is well worth ye trying for : ye Towne doth giue ye said Commity full power to petesion to ye next seasions of ye Generall Court or Courtes ensewing to haue ye line run out seeing Salem doth wholy neglect : and ye Commity haue full power to proseed in a corse of law with Salem at Newbary Court or any other Court and from Court to Court till ye line be run out acording to agrement and what ye maior parte of our Commity doth agree aboute ye Towne will stand by and bare them out in all thare lawfull prosedings. uoted
At a lawfull meeting of ye Towne of Topsfield ye 28th of august 1695 Capt How is chosen and impowered by ye Towne and in ye Towns be- halfe to sew any man or men as haue or shall trespass on our Towne com- mon by felling timber on ye common and carriing it of to ye Towns damage. uoted
At a lawfull meeting of ye Towne of Topsfield ye 17th of Sept 1695.
Sargt Thomas Dorman and Ephraim Dorman is Chosen to serue at ye next seation of ye inferyor Court of pleas to be houlden at Newbary acording to warent. uoted
At a lawfull meeting of ye Towne of Topsfeild ye 17th of september 1695.
whareas a summons was directed to Topsfield Towne Clarke from sum of Salem farmes in which ye Towne of Topsfield was summensed to apere at next court at nubary by thare agents to answer ye aturnies of Salem farmes relating to thare Claims of Topsfield land in answer to which ye Towne of Topsfield haue Chosen Leiut Thomas Baker our aTourny to answer ye said summons and to defend ye Towns right : useing such legall meathods as he thinks best and ye Towne will bare him out in all his lawfull proseedings. uoted
The Commity impowred to sew Sargt Houey namly Capt How and Corpll Tobiiah Pirkins and Isaac Pabody haue full power giuen them by ye Towne to agree with Sargt Houey about ye land in Controuersy betwene ye Towne and Sargent Houey. uoted
The Commity as was impowred to agree with Sargent Houey in ye Towns behalfe about ye land in controuersy haue agreed as foloweth That ye bounds on ye west side of ye brooke of sargnt Houeys land next Topsfield common are as foloweth first is a stake with a heape of stones at Joyneing to John Andreus his land from thence on a straight line northwardly to two read oakes Joyneing together at ye stump marked : and from thence to another read oake nere ye meadow marked leaueing roome for a cart to goe on ye upland by ye medow betwene ye
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EARLY RECORDS OF THE TOWN
last two bounds as ye fence now staneth: and from thence on a straight line to a grate white oake marked nere ye meadow : and from thence to an other letell white oake marked : and from thence to another letell whight oake marked: and from thence to another letell white oake marked nere ye ford : and so eastwardly to ye south sid of ye ford.
Dat ye 21th of Septembr 1695.
John How Tobiiah Perkins Isaac Peabody
At a lawfull Towne meeting ye 11th of december 1695 it was agreed on that all bills of charg in ye Towne about any as was implied in ye Towne or in ye Towns behalfe as apered honist ye selectmen shall allow but if any thing aperes scrupilus to ye selectmen it shall be defered to ye consederasion of ye Towne. uoted
at A Lawfull Town meetting 3d march 1695-6.
Ensign Ephraim Dorman is Chosen Town Clarke for ye yeare Insueing. uoted
Corpll Tobiiah Pirkins and Sargent Samuel Howlet Ephraim Dorman William Towne and Isaac Easty iunr are Chosen selectmen for ye yeare Ensewing to order ye prudentiall afaires of ye Towne. uoted Sargt Thomas Dorman is Chosen Cunstable for ye yere ensewing. uoted Corpll Tobiiah Pirkins is Chosen Towne Treasurer for ye yeare en- sewing. uoted
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