UC-NRLF
C E Lfl? aa?
iiifiiitiiiis
JOURNALS
OF THE
House ./Representatives
OF HIS MAJESTY'S PROVINCE OF THE MASSACHUSETTS-BAY
ttiiSiiiiit
» n
\
ttiisiiiiiiiitiiiis
Houfe of Reprefentatives
of the Province of the Maflachufetts-Bay
Two Hundred and Fifty Copies Printed from Type.
No
I
f
ikoVtiiut tit tU
At a Scllion of tlic Great ar.J GENeRaL COURT
i-.dd «c Bofron, Qaabtt i4tl). 1713. '
TiScfolbcb, HAT >c ,s tor Her Majcaics Service tl,cr. be fon^c Town rt ■ regularly Planted and Sctlcd in cIk mo't iw^S. "''?*
tl.e Counry ofM, in the late Provinee o. ;.^,'^:''"""= """""■ ■"
iM.-il a Committee be Appointed by this Courr rn R^r.- Fxam.ne into the Claims of all Pcrfons whatlbev r.' o\a„" ^ ]f )atc rovuiee of vy.^„ ; ,vho are therefore Ord red within Th'^° Months next coming, to (Ikw forth their Titles accordinjy ^'"'* iHAT there be Five Town-ll.ips allowed at prefcnt ; On- at «/ * /-<-/«, One at S.o, One at OUCafo, One at North Tarv,c«th ^dOn'lf at the Mouth of At„«-lici River. <"•'"»»«, and One
THAT in Order tlicre-unto the abovc-faid Committee do forth-Wrh Meet, Appoint their Clerks.and by them give Convenient Publick Not ce Ofthe,r Powers and Orders, and of the eertain Times and Places of t" Od Ccn,m,ttees Meeting, in Order to their bringing in their rcrped ve Claims, which being done to the Satisfadion of fhc Committee -Thl are Impowrcd to Admit them or others for them, with their Confenc to the Number of One Hundred Families for each Place, who (hall ttdlZ Cofc andDefenfible near theSea-fide, upon fmall Lots, notExccS 3hrce or Four Acres to each Family, with Accommodations in 1 '"§ fuicably Extended for the Eteding a Town-ihip. ''
THAT the above-named Committee, Do report the Claims and Pro polals of the Proprietors and Otliers. for the Orderly Settlement of the Jaid Towns, unto the next Sellion ol this Court, that fo a furthc Confidcration m^y be had therc-upon.
THAT no Pcrlbn or Family prcfumc in the mean time, and before the Committee fliall Proceed to Order the proper Places, Except Tork ^•tt,ry, B„rmck and U'e/ls, to Build or Settle in any part of thaJ County wuhout Licenic Hrft had from the Governour and Council.
Ata Scilioii ol"t!ie Great iwvX General Court, HeU at JSoftOtT
ircbruarp loth. 171 3. '
HAT there be forthwith Ordered a Survey of afuitabic Place to Erea a Town at or about Cj/-«; theHoulb Lots to be laid our anoaluitablc Quantity of Out-Land Allotted for them: Which done* the Proprietors thereof to be Notified and Allowed to Settle the fame* according to the Method propofcd by this Court ; and upon their Re- lufal, the General Court to have further Confidcration thereof.
THAT there be forthwith Imprinted a (ufficient Number of the Rcfolvcsof the General Court, to be difperfcd into all the Towns of this Province; and that the Proprietors of Land at Black Pcint, Sacc QUCofct, North Turmouth, and the Land upon Xenxeleck Hner bo duedlcd to Attend the Committee ro flicw forth their Claims 'and offer their Propofals about Settling the faid Towns ; and further Time of Six Months be allowed for the lame.
And that the Names of the Committee, with the Time and Place of their Sitting, be alfo inferred.
. Sffaac :3tlH)i'ngton, Secr.
aOilOii: fiint^Jby e.ant,,, J>riiiKr to Hi> Lxcdfency tl.c aOV,& COUNCIL. ,7,;.
The Mamct cf tfic Committee.
Eliftia Hutchinfon /Tj, llaac Addington If},: John Phillip^s f/o," Paul Dudley EjL Jolm Clarke iK,- Edmund Quinlcy f/,,. Thomas Oliver f:r«i- f- WilUam DcmVon ''i.Jolin Whit».
Tie Comrai'ttec Meet
Mo J:""''' "f "">
Resolutions of the Great and General Court, as printed and published by the Governor and Council, jjij. From the original in the Boston Athenaeum.
JOURNAf S
'^ f /r
HOUSI KhPRF ATIVES
Of His Majefty's Province of the
hufetts-Bay
I 7 I 5
Edited by WOF NjnxoN f^tTATTVPTN' FORD
Bosro
M c \f f T
^.
JOURNALS
of the
House of Representatives
Of His Majefty's Province of the MalTachufetts-Bay
17 IS
Edited by WORTHINGTON CHAUNCEY FORD
■fBl^ A ''
OF
THE >j
BOSTON, Majfachufetts M C M 1 1
«ttst
CONTENTS
Preface ix
List of Members xvii
Journals, May Session i
July Session 35
August Session 51
Minutes of the Governor and Council
November-December 59
INDEX 99
[ix]
[^Royal arms used in the session laws of May and "July., T/^IJ-]
A COPY of the printed Journals of the House of Representatives of his Majesty's Province of the Massachusetts-Bay in New England for the session which began at Boston on May 25, 17 15, was given to Samuel Sewall by the printer, Bartholomew Green, on July 12, three weeks after the Governor had in angry mood prorogued that body. Stung by a slighting com- ment passed by Governor Dudley on their proceedings, the members of the House determined to print the full Journal of the session, as the best means of defending themselves. Thus began a practice of printing the Journals of the House which was continued in an almost unbroken series till the Revolutionary War. The conven- ience of having the record in such a form would alone have justified the publication ; as time passed, the political advantages were also recognized, and the long contro- versies arising between the Governor and the House, or between the Council and the House, led to many papers, worthy to be called state papers, being spread upon the pages of the Journals. Such publications were intended more for the constituents of the House than for any effect they could produce upon those immediately engaged in the controversies ; and, in the absence of an active press, the political questions received their discussion in messages, addresses, declarations, or the more formal proclamations, — the most final of all expressions of opinion.
The beginnings of this publication were small and uncertain. The clerk of the House was directed to prepare a copy of the Journal, and the representatives of Boston were desired to take care that the printing was seasonably done. The ques- tion of cost does not appear to have been considered at this time ; but the expediency of continuing to print was at once recognized, and in the second session of this General Court measures were taken to learn the cost, and provide for the future regular appearance of the votes or minutes during the session. On June 30, 17 15, the representatives of the Town of Boston were again desired to take the care of printing the Journals of the session, and " to Treat with a Printer about the Terms upon which they may be Printed here after." ^ Green was at this time printer to the Governor and Council, and appears to have been the only printer who submitted an estimate. He offered to print the Journals of the House " and all the other Printing directed by the Government, for the space of Seven Years next coming; and to furnish each Member of this Court, with a Copy of the said Votes, free of charge, on each Tuesday, Thursday and Saturday, of the several Sessions, dur- ing that Term, upon his being Allowed Thirty Pounds per Annum for his Service."* This offer was accepted by the House, and the concurrence of the Council was de- sired, but not given. The session came to an end while the matter was before the
Council,
' Post, p. 48. c * I^i'^-i ?• $'•
Council, and so the care of the printing of the Journal fell upon the representatives of Boston, "upon the foot of the Agreement with Mr. Green the Printer."
Thus for three sessions the House of Representatives took upon itself the print- ing of its votes and minutes, without any encouragement from the Governor and Council. The fourth and last session began on November 23, and continued until December 22, but the Journal was not printed, as the following entry in the pro- ceedings in the House on June 27, 1716, proves: "An Accompt of Bartholomew Green, for Printing the Journal of this House, in their Sessions begun in May, July and August, the last Year, and finding Paper, Folding and Stitching them, Amount- ing to the Sum of I.11 ijs. Gd. Presented to the House for Payment" — and allowed. Had the Journal of the November session been printed, it would have been mentioned with the others.
It is to be noticed that in each case the entire session was printed as one piece, and without title-pages. The form adopted was modelled after that of the printed laws, and had been used by the Governor and Council when they issued any resolves of the General Court. I have found one such resolve in the collections of the Boston Athenseum, and have reproduced it in a reduced form to serve as a frontis- piece to this volume. It is the only issue in that form that I have seen, and might easily be mistaken for a page from the printed Journals, although no Journals were printed until 17 15.
In default of the Journal of the House of Representatives for its November session (and the original manuscript records were long since destroyed), I have given the minutes of the Governor and Council during the sitting. Partial though this record is, so far as the proceedings of the House are concerned, it is better than nothing, and at least shows what business was sent up from the House. The minutes may also be accepted as the best contemporary record of public business, as they alone were copied to be sent to the English ministry, and not until the prac- tice of printing the House Journals was introduced were these latter sent in like manner to the British authorities.
The political history of this session calls for little notice, as it turns more upon the change in the governorship than on any other factor. I have so fully described in another place the contest between the Governor and the Council for control of the government on the death of Queen Anne, that there is no necessity for attempting a summary of that intrigue.^ Governor Dudley was restored to power by the act of the King, but enjoyed the office only a short time. For about a month before the date of the session it was known that Col. Elizeus Burges had been appointed Governor.
It would be unprofitable to exhume Elizeus or Elisha Burges from the oblivion which now engulfs him. Perhaps it would be unkind to do so, for the little we know of him is not greatly to his credit. There was a commission issued from Ken- sington, 13 March, 1693, appointing him to be " Brigdr and Eld-Lieut." in the Second Troop of Life Guard, but he had dropped from the regiment in 1694, We know that he served under General James, afterwards Earl Stanhope, in Spain, per- haps participating in the capture of Minorca in 1708, and in the surrender at Brihuega in 1710. Stanhope became second Secretary of State in 1714, under George I, and Hutchinson tells us that it was by Stanhope's interest that Burges was appointed in February, 17 15 (the commission passed the seals March 17), and Sir William Ashurst wrote that the General (Stanhope) had promised to be answer- able for his (Burges) good behavior.^
If Dudley was already discontented, the intelligence of the new appointment was not fitted to soothe his feelings. Bodily ills came to him as an added discomfort, and the first day of the sitting found him confined by a fit of gout to his house in
Roxbury.
' See Proceedings of the Massachusetts Historical Society, December, 1901, p, 327. " Hutchinson, History of Massachusetts, II, 192 (ed. 1795).
[xi]
Roxbury. He gave a Dedimus to Col. Phillips, Col. Lynde and Judge Sewall to administer the oaths to the Deputies. This they did, and listened to the election sermon of Rev. Jeremiah Shepard, of Lynn, who preached from Isaiah Ixiii. 12: "That led them by the Right Hand of Moses, with His Glorious Arm, Dividing the Water before them, to make Himself an Everlasting Name." A single sentence of this discourse will show its tendency: "A work never to be forgotten, is the Lord's preparing this wilderness for his people when he swept away thousands of those salvage Tawnies (those cursed Devil worshippers) with a mortal Plague, to make room for a better People." ^ The Deputies then dined at the Green Dragon, and later elected the Councillors, all of whom were satisfactory to the Governor except Nathaniel Byfield, long an object of Dudley's personal dislike.
It was not until May 31 that the Governor was able to come into Boston, and in the following fashion: "Was carried in Cous. Dumer's Sedan: but twas too tall for the Stairs, so was fain to be taken out near the top of them. He vehemently urg'd passing the Ministers' Motion for a Synod." ^ Thus it happens that there was no message or paper from the Governor at the opening of the session. For the first time in his long and not untroubled career, Dudley had nothing to say or to write to the Great and General Court. Bodily ill may in part account for this omission, but it may also be assumed that mental distress played a share in making the Governor silent on this occasion. The representative of the King in the Province followed the practice of the King at home, and the message to the Assembly was the counter- part of the message or King's speech in Parliament at the beginning of the session.
The cause of the printing of the Journal is given on page 34 of this publication, and bears every evidence of being a true account. The Governor was not a man who softened his expressions of opinion. Sewall's Diary gives a number of examples, where, perhaps, the zeal of a partisan has not made the words any gentler than the reality and may have added somewhat to their force. " A Comittee brought in something about Piscataqua. Gov' said he would give his head in a Stand-Basket as soon as he would pass it." When Dummer was appointed agent of the Province in England, Dudley, to whom he was obnoxious, burst out that " he will be drawn asunder with wild horses, before he will be thrust upon as last year." It will be interesting to add the version of Judge Sewall: "Tuesday, June 21. In the Fore- noon Gov' signifies his Intention to prorogue the Court; had sat 4 weeks and done nothing, were distemper'd. Bill for the Tax Read ; I express'd my desire that the voting of it might be left to a longer time, at least to the afternoon : but the Gov' would have it voted then ; and it past in the Negative because 't was but for i i,ooOj^. I voted not because of great moment, and so suddenly call'd for. Deputies are sent for in, and the Court prorogued to the 20th July at 10. m." *
While the appointment of Burges was well known in the Province, no official notice from the ministry had been received when the Assembly met on the day ap- pointed. Dudley desired a short session, and in fact there was little to be done beyond providing the treasury with money and paying some regard to the condition of the bills of credit, already threatened with disparagement, and a menace to sound public credit. These two questions, however, were precisely the two ques- tions on which there was the greatest difference of opinion between the House and the Council. The former, as the popular body, responded more quickly to the wishes of the people; and the people had tasted of the first delights of a resort to paper money, and began to see in that dangerous instrument a means of relieving themselves of the necessity of taxation, while supplying a medium of exchange. The House would divide the amount of the tax already passed and submitted
to
* Mr. Lindsay Swift says, " I have not come across a more heartless Pharisaism than this." — Colonial Society of Massachusetts, I, 414.
' Diary of Samuel Sewall, III, 47. » Ibid., Ill, 47.
[xii]
to the authorities in England, postponing the collection of one-half of it to a later year. To this the Governor and Council were greatly opposed, and thus arose the dead-lock between the two bodies. The session continued to August i, without result, and thus another session, from August 24 to 27, was made necessary, but again with only partial results so far as the principal issues were concerned. The Governor prorogued the Assembly to September 28, and on September 22 issued a proclamation proroguing the meeting to October 26. These were among the last acts of Dudley's official career.
After the Governor had issued this proclamation an incident occurred of some interest. A new Secretary of the Province, Samuel Woodward, arrived bringing a letter of recommendation from the new Governor, Colonel Burges, addressed to the President and Council. The day after his commission was produced a Council meeting was held, and Sewall gives at length what passed :
" Gov' sits by the side of the Table facing to the South ; L' Gov' [Tailer] in one of the South windows. The Comissions were produc'd and Read, Oaths given. Then the L' Gov' stood up and with deference enquired whether his Comission did not supersede the Govf The Gov' answered No. L' Gov' said he reckon'd himself oblig'd to propound it. Should rest in the Council's Opinion. Some Debate was had. Col. Hutchinson propounded there might be a fuller Council. Others said 'twas requisite it should be iiriediatly determin'd. Capt. [Andrew] Belchar answered in the Negative. Mr. [John] Clark seem'd to hesitat. 1 express'd my self that I was of Col. Hutchinson's mind, but if my answer was now expected, I said that, seeing the L' Gov" Comission directed him to Govern by the Comission and Instruc- tions of Gov' Burgess, in case of his death or absence, I was of Opinion that the L' Gov" Comission did not impower him to be Comander in Chief of this Province: Because neither the Comission nor Instructions, Nor any Authentick Copy of them, refer'd to in it, were arrived. L' Gov' did not like the Vote should be so put. 'T was propounded to put it, v/hether the Governour did not abide.
"The Gov' call'd for the Proclamation, which was read. L' Gov' said. Now other provision was made, he had a Comission from King George. Mr. Cooke said, making other provision refer'd to the charter. Others said. The clause refer'd to what was pass'd, not to what was to come hereafter. At length the Gov' dictated to the Clerk to this purpose. Whether the Government was devolved on the Lieut. Gov.', the Comission of Gov' Burgess, nor any copy of it, by which was to govern, not being arrived. It was Nemine contradicente, carried in the Negative. [Wait] Winthrop, Cooke, Elisha Hutchinson, [Samuel] Sewall, Joseph Lynde, Eliakim Hutchinson, [Andrew] Belchar, [Edward] Bromfield, [John] Clark, [Addington] Davenport, Thomas Hutchinson, All Noes." -^
The attempt to throw Dudley from the Governor's chair was thus foiled for the time, and to escape further contest with the Assembly he again postpones the day of meeting :
" Third-day 8' 18. The Gov' prorogues the Gen! Court to the 23"* Nov! I and Mr. Clark voted against it. Gov' pretended Deference to Gov' Burgess in doing it, in expectance of his Arrival ; but in the Proclamation, never read to the Council, he said nothing of it, which was gravamlnous to some." ^ His opponents had not been idle, and were intent upon obtaining from England the papers needed to establish their contention. Early in November the needed copy of Col. Burgess's commission reached Boston, and the government devolved on Lieutenant Governor Tailer. It was Dudley's old opponent. Colonel Byfield who brought the commis- sion, and inveighed against "our Agent Dumer for betraying him after Dumer had given him his Word and Hand that he had done with Dudley." There was nothing for Dudley to do but to acquiesce in the act of the King, and so it was the new Lieutenant Governor who met the Assembly in its November meeting.
The
1 Diary of Samuel Sewall, III, 58, 59. « IbU.. Ill, 6z.
[ x"i ]
The newspaper of the day gave an account of the ceremonies attending the change of head, and the notice of the next session of the General Court :
"On Wednefday laft an Exemplification of His Majefty's Moft Gracious Letters Patents, bearing date the 17th of March laft, Conftituting, and Appointing Elizeus Surges Efq ; His Captain General, and Governour in chief in, and over this His Majefty's Province of the Maffachu/etts-Bay, were Read, and Publifhed ; upon which the Cannon of the Caftle, and the South Battery of the Town were difcharged.
" Then the Honorable William Tailer Efq ; Lieut. Governour of the faid Province, by virtue of the Powers, and Authorities there into him granted, and His Majefty's Commiffion to him, bearing date the 28th oi April laft, (being firft duely Sworn) Ifliied forth a Proclamation, by, and with the Advice and Confent of the Council, Requiring all Officers Civil, and Military, to continue in, and proceed to the Execution and Difcharge of their refpedive Trufts, and Offices, till further Order.
"After which the Honourable Lieut. Governour invited the Counfellors, the Reprefentatives of Bojlon, and the Gentlemen prefent to his Houfe, Where His Majefty's, the Prince's, and all the Royal Family's Health were Drank, as alfo Col. Burgess, Col. Dudley s, and Profperity to the Trade, and Welfare of this Province.
" I am Commanded to give Notice, That the Great, and General Court, or Aflembly is appointed to meet upon Wednefday the 23d of this Inftant November^ it being the day to which it now ftands Prorogued, and then to fit and do bufinefs; and all Perfons therein concerned, are to take due notice thereof, and conform them- felves accordingly.
" By the Honourable Lieut. Governour s " Bofton, Novemb. Command with Advice of the Council,
9th. 1715. Samuel Woodward .Jiffr."'
Sewall in his Diary describes the opening of the last session of this Assembly :
"Nov' 23. L' Gov' makes a Cold Treat to the Councillours and Comission Officers. Was not a House in the Fore-noon. Mr. Speaker and many Deputies visited the L' Gov' A. M. A little after 3 L' Gov' proceeded to the Town House. I went on his right Hand, Col. Lynde on his Left ; Capt. Dyer and two of his Officers went before him ; before them, Mr. Winchcomb bare-headed. Two Trumpets, 4 Serjeants in red Cloaths with Horlberts. Major Gen' [Wait Winthrop], Col. Hutchinson, Capt. Hutchinson met the L' Gov' at the Town-House. By [John] Cushing, [Nathanael] Norden, [Addington] Davenport, L' G. sent Message to the Deputies ; The Lieut. Gov' is in the Chair and expects your Attendance. Seem'd to be out of Breath in reading his Speech."
On November 24 Mr. Cooke and others brought a message from the Lieutenant Governor appointing an election to fill the vacancies in the Council — four in number.
"Dec' I. Election. Voted twice, and brought it to Nothing: Voters, 76. Major Bond who was the highest had 32. Deputies voted to chuse only one in the room of him Negativ'd : Council came not into it. I said, All or none.
" Dec' 2. Voters 79. [Penn] Townsend chosen by 41 votes. 4th Stroke, Voters 75. Thomas Noyes Esqr. chosen by 53 Votes.
"Province of Main, Voters 71.
"Adam Winthrop Esqr. chosen by 52.
" At Large, Voters, 69.
" Nathan! Byfield Esqr. chosen by 60." *
The choice was approved by the Lieutenant Governor, and the new Councillors took the oath. The advent to the Council Board of Col. Byfield foreshadowed trouble for Agent Dummer, who was unfortunate enough to antagonize this active politician. The Assembly in its August session had omitted to grant the usual
allowance
• Beflen News-Letter, 7-14 November, 1715. = Diary »f Samuel Sewall, III, 69.
[xiv]
allowance to Dummer, a measure in all probability instigated by Byfield. That the action was not entirely just to the Agent is shown by the grant of ;^200 made by the Assembly in its November session, but disallowed by the Lieutenant Governor.
"Xr. 21 Now about the Gov' disallows the Votes for giving our Agent Mr. Dummer £0.00. And for continuing him Agent. I voted to the first but express'd my Doubtfullness as to the latter, when I heard what was pleaded by Col. Byfield as to his Unacceptableness to Gov' Burgess, and the Ministers. I also Consider'd his giving up in print the place of the Attorney General as Reserv'd in the Charter to the King — and writ hardly to any of the Council: but very largely to the Speaker, and to Mr. White. Gov' prorogues the Court to the 11^ of February." ^
Dummer had warm supporters in the Province, and as a rule they were also supporters of Dudley. For example Rev. Eben Pemberton was "very warm about the Agent," and regarded Tailer as a " usurper," occupying a position that rightly belonged to Dudley. His wife was quite as good a politician, and asserted that the Agent had been handled barbarously, an opinion which led the pious Sewall, who received at the hands of Tailer on the next day a commission as Judge of the Superior Court, to remark: "The people made light of the errand of God's people hither; indifferent"^ — perhaps an early form of the creed that "to the victors belong the spoils." Sewall's position is all the more remarkable because he was a kinsman of Dummer; but his political creed was summed up in the dogma, "I was for upholding Government whether in or out of it."'
Apart from the Journals this session was not rich in issues from the press. The election sermon was printed as usual, and the title-page was as follows:
" God's Conduct of His Church | Through the Wilderness, | With His | Glorious Arm, 1 To make Himself an | Everlasting Name. | A | Sermon | Preached by Order of the Honourable | Representatives, of the Province of | the Massachusetts-Bay, in New-Eng- \ land. On May the 25/A 17 15. | Being their Anniversary Day for Elec- tion of I His Majesties Council for that Province. | By Jeremiah Shepard, A.M. Pastor I of the Church of Lynn. | . . . Boston, Printed by John Allen, for Nicholas Boone, at | the Sign of the Bible in Cornhill. 17 15." i2mo. pp. 34,
The session laws were also printed, and extend from page 253 to 268 of the con- temporary issues. The laws passed in each session were : May Session.
An Act against Burglary.
An Act for altering the Time for holding the Court of General Sessions of the Peace, and Inferiour Court of Common Pleas within the County of Barnstable.
An Act for the better Preserving, Increasing, and Securing Naval Stores; Par- ticularly, Tar, Turpentine, and Rozin, within this Province. July Session.
An Act for Building and Maintaining a Lighthouse upon the Great Brewster (called Beacon Island) at the Entrance of the Harbour of Boston.
An Act for the more safe keeping the Registry of Deeds and Conveyances of Lands.
An Act in Addition to an Act for Regulating Fees.
An Act in Addition to an Act of Limitation for Quieting of Possessions. November Session.
An Act in Addition to an Act for Erecting of a Powder-house in Boston.
An Act to prevent the Oppression of Debtors.
An Act for preventing damage to the Housing and other Estate, within the several Towns of this Province.
An Act in Addition to an Act, Intituled, An Act against Counterfeiting the Bills
of Credit of this Province, pass'd in the Third Year of Her late Majesty
Queen ANNE. .
'^ An
1 Diary of Samuel Sewall, III, 69. « IbiJ., Ill, 70. » Ibid., Ill, 84.
[XV]
An Act in further Addition to the Act for encouraging the Killing of Wolves, made in the Fifth Year of the Reign of King WILLIAM and Queen MARY.
An Act for Maintaining and Propagating of Religion.
An Act for reviving and further continuing of an Act, Intituled, An Act to enable creditors to receive their just Debts, out of the Effects of their absent & absconding Debtors, Made & Pass'd by the Great & General Court or Assembly at their Session upon the 26th Day of May, 1708. in the Seventh Year of the Reign of Her late Majesty Queen ANNE.
An Act for the Encouraging the raising Hemp within this Province.
An Act for holding and keeping a Superiour Court of Judicature, Court of Assize and General Goal delivery, within and for the County of Hampshire.
An Act to prevent the unnecessary Journying of the Representatives.
An Act for the better Regulating of Town and Proprietary Meetings.
An Act in Addition to the Act, Entituled, An Act for the Regulating of Town- ships, choice of Town-Officers, and setting forth their Power, Made & Passed in the Fourth of WILLIAM and MARY.
An Act in Addition to an Act, Entituled, An Act for the Settlement and Dis- tribution of the Estates of Intestates, Made and Passed in the Fourth Year of the Reign of King WILLIAM and Queen MARY.
Although none of these session laws bears the name of the printer, they were all printed by Bartholomew Green, at this time "Printer to His Excellency the Govern- our and Council."
WORTHINGTON ChAUNCEY FoRD.
Boston, January, 1902.
[ xvii ]
[^Reyal arms used in the session laws of November, 17 IJ.^
"The Bollon News- Letter " for the week from Monday, May a3, to Monday, May 30, 17 1 5, contains a list of the Members of the House of Representatives. The asterisk indicates a new member.
Boflon,
Roxbury,
Dorchefter,
Hingham,
Brantree,
Dedham,
Medfield,
Weymouth,
Milton,
Wrentham,
Mendon,
Brooklin,
Woodftock,
Needham,
Salem, <
Ipfwich, •<
Newbury,
Lynn,
Marblehead,
Andover,
Beverley,
Rowley,
Salifbury,
Haverhill,
Glocefter,
Topsfield,
Boxford,
Wenham,
Amefbury,
Bradford,
Col. Adam Winthrop Capt. Oliver Noyes *Mr. William Payne .*Mr. Eliftia Cook Mr. William Denifon Mr. Hopeftil Clap Samuel Thaxter Efq ; *Mr. Jofeph Allein [Allen] *Mr. John Fuller *Capt. John Boydon Capt. Stephen French Mr. Ephraim Tucker Mr. John Guile [Guild] Mr. Samuel Thaer [Thayer]
*Mr. Samuel Payne
*Daniel Epps Efq ; Capt. Peter Ofgood Mr. John Appleton Mr. Nath. Knowlton *Mr. William Moodey John Burril Efq ; Speaker Mr. James Cawley *Capt. Benjamin Stevens Mr. Samuel Balch *Mr. Ezekiel Northen *Capt. Jofeph Eaton *Capt. John White *John Newman Mr. Tobijah Perkins Mr. Jofeph Hale *Capt. Thomas Fifke *Mr. John Foot *Mr. John Hutchins
Charleftown,
Watertown,
Cambridge,
Concord,
Woburn,
Reading,
Sudbury,
Marlborough,
Newton,
Maldon,
Chelmsford,
Billerica,
Sherburn,
Groton,
Lancafter,
Framingham,
Medford,
Lexington,
Wefton,
Stow,
Springfield,
Northampton,
Hadley,
Hatfield,
Suffield,
Weflfield,
Enfield,
Plymouth,
Situate,
Bridgewater,
Marfhfield,
Duxbury,
Rochefter,
Pembrook,
Barnftable,
*Capt. Ch. Chambers Mr. Samuel Sternes Mr. Jonat Remington *Mr. William Wilfon *Capt. Jofiah Converfe Mr. Timothy Wily *Mr. Edmund Rice Mr. Thomas Rice Mr. John Ward Mr. John Greenland Mr. Stephen Pierce Lieut. John Sternes *Capt. Jofeph Morfe *Mr. Thomas Tarbal *Mr. John Houghton Maj. Jos Buckminfter *Capt. Peter Tufts *Mr. Francis Bowman Capt. Francis Fulham *Mr. John Buttrick *Luke Hitchcock Efq ; Jofeph Parfons Efq ; Mr. Daniel Marfh Mr. John Partridge *Mr. Atherton Mather Mr. John Afhley.
James Warren Efq ; Mr. Samuel Clap *Mr. Edward Fobes Capt. Ifaac Little Seth Arnold Efq ; *Mr. John Randel Capt. Thomas Barker *Mr. Jofeph Lothrop
Eaflham
[ xviii ]
Eaftham,
Sandwich,
Yarmouth,
Harwich,
Truro,
Middleborow
Briftol,
Taunton,
Dartmouth,
Rehoboth,
Little Comp,
Swanzey,
*Mr. Samuel Mayo *Mr. John Chipman *Mr. Jofeph Hall *Mr. Gerfliom Hall *Mr. Conflant Freeman *Mr. John Bennet [Capt.] Simon Davis Efq; *Capt. Henry Hodges Mr. Jonathan Delano Mr. Mofes Read Capt. W. Southworth Mr. John Rogers
Tiverton,
Attleborough,
Dighton,
Norton,
York,
Kittery,
Wells,
Berwick,
Edgar-Town,
Tifbury,
Chilmark,
Nantucket,
*Mr. William Manchefter *Mr. David Freeman Mr. Benjamin Jones *George Leonard, Efq ; *Abraham Prebble Efq ; *Mr. Jofeph Hammond
*Mr. Elifha Plaifted Major Benj. Skiife
James Coffin Efq ;
JOURNAL
Of the Houfe of
Reprefentatives
Anno Regni Regis GEORGIInunc Magnas Britanniae, ^C. Primo.
JOURNAL
Of the Houfe of
Reprefentatives.
At a Great and General Court or Affembly of His Majefty's Province of the Maffachufetts-Bay in J^etD'CnSlatltlt begun & held at 35ofiOn» upon Wednefday the 25th Day of ;^ap> ^tttlO 3iOmim» i 7 i 5-
SAmuel Sewally John Phillips, and Jqfeph Lynde Efqrs. came down from the Council Board, and Acquainted the Houfe that they were Appointed and Authorized by His Excellency the Governour, That this Houfe Ihould take the Oaths, Make and Subfcribe the Declaration, Take and Subfcribe the Oath of Abjuration (as by the Royal Charter of this Province is Direfted) before them, which was accordingly done by the Members prefent, and They withdrew. The Houfe Proceeded to write their Votes for a Speaker, which being Col- ledted, and Examined, it was found that John Burrill Efq ; was chofen by a ma- jor part of the Houfe, and he was accordingly Conduced to the Chair.
The Houfe Proceeded to write their Votes for a Clerk, which being Colle6led and Examined, it appear'd that Mr. John White was chofen by a major part of the Houfe, who was accordingly fent for to the Houfe.
I^ofl iHeritrtem.
A Meflage fent up to the Council Board, by Capt. Davis, and Mr. Cawley, to report to His Excellency the Choice the Houfe had made of a Speaker.
Who Returned, That His Excellency was not in Council, but by Sicknefs Con- fin'd at home.
Major Skeffe, and Mr. Chipman, were fent to Wait on His Excellency at His Houfe at Roxbury, to Report to His Excellency, the Choice of the Speaker.
Who Returned, That His Excellency faid, the Choice is very acceptable to him.
A Meflage fent up to the Board, by Mr. Samuel Clap, and Capt. Davis, That the Houfe was now ready to proceed to the choice of Councellors.
Who Return'd, That the Board were ready to Proceed, and Join with the Houfe in the Choice.
Ordered, That Mr. Epps, Capt. Noyes, Col. Winthrop, Col. Thaxter, and Mr. Denifon, be a Committee to carry up the Votes of this Houfe for Councellors, and aflift in Sorting and Numbering them, together with the Votes of the Board, and Report to the Houfe, the feveral Ele6lions that fhall be made.
The faid Committee carried up the Votes of the Houfe, for Councellors in the late Colony of the Majfachujetts-Bay until Eighteen were chofen by a major part of the Voters.
Then for the late Colony of New-Plymouth, until Four were chofen, as aforefaid.
Then for the late Province of Maine, until Three were chofen, as aforefaid.
A Then
Then for the Territory between Sagadehoc and Nova Scotia, until One was chofen, as aforefaid.
And laftly, for Perfons dwelling in any Part of the Province, until Two were chofen, as aforefaid.
And the faid Committee Reported the choice to be as follows, viz.
Of the Inhabitants or Proprietors of Lands in the Territory formerly called the Majfachufetts-Bay.
The Hon. William Tailer Efq ; Wait Winthrop Efq ;
Eli/ha Cooke Efq ; Eli/ha Hutchinfon Efq ;
Samuel Sewall Efq ; John Apfleton Efq ;
John Higginfon Efq ; Andrew Belcher Efq ;
Edward Bromfield Efq ; Nathaniel Norden Efq ;
Benjamin Lynde Efq ; John Clark Efq ;
Addington Davenport Efq ; 1'homas Hutchinjon Efq ;
Samuel Brown Efq ; John Pinchon Efq ;
1'homas Oliver Efq ; Thomas Fitch Efq ;
Of the Inhabitants or Proprietors of Lands within the Territory formerly called New-Plymouth, viz.
»
Nathaniel Paine Efq ; Ifaac Winjlow Efq ;
John Cujhing Efq ; John Otis Efq ;
Of the Inhabitants or Proprietors of Lands within the Territory formerly called the Province oi Maine, viz.
Eliakim Hutchinjon Efq ; Ichaboa Plaifted Efq ;
John Wheelwright Efq ;
Of the Inhabitants or Proprietors of Lands lying within the Territory between Sagadehoc and Nova Scotia, viz.
Jofeph Lynde Efq ;
Of the Inhabitants or Proprietors ot Lands in any Part of the Province.
Nathaniel Byfield Efq ; Edmund ^injey Efq ;
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
JoSjis 26 Jttaii 171 5,
/^Rdered, That Col Thaxter, Col. Winthrop, Capt. Noyes, Capt. OJgood, and ^^ Capt. Davis, Wait on His Excellency the Governour, with the above- written Lift of the Councellors, or Afliftants, newly chofen for the Year enfuing, for His Excellency's Approbation of the Perfons, therein Named, to be given in Writing under his Hand.
And inquire of His Excellency's Health.
The Houfe Proceeded to Examine the Returns of the Precepts, made from the feveral Towns, of the choice of their Reprefentatives.
Which being paiTed through.
The ufual Orders of the Houfe were Read : And
Ordered, To be the Orders, of the Houfe during the Seffions thereof.
Ordered, That Mr. John Sternes, Mr. Reed, and Capt. Arnold, be Monitors of the Houfe to take care that the Orders thereof are duely obferved.
Ordered,
[3]
Ordered, That Mr. Speaker, Mr. Denifon, and Mr. Cawley, Give the Thanks of this Houfe to the Reverend Mr. Jeremiah Shepard for the Sermon Preach'd at their Defire, before this Court in a Publick Aflembly Yefterday, being the Anniverfarjr Day of Eledion of Councellors : And that they Defire him to give a Copy thereof to be Printed.
An Accompt of William Paine Joyner, of the charge of Wainfcotting, one half of the Chamber of the Houfe of Reprefentatives, and making of Seats therein, amounting to the Sum of 40/. 16 J. 8^. Prefented to the Houfe for Allowance. Read and Refolved, That the Sum of Forty Pounds Sixteen Shillings and Eight Pence be Allowed and Paid out of the Publick Treafury, to William Paine, the Accomptant to Difcharge his Accompt.
Sent up for Concurrence. An Accompt of Edward Pell Painter, for Painting half of the Reprefentatives Chamber, amounting to the Sum of 5/. & 2 j. ofFer'd to the Houfe for Payment. Read and Re/olved, That the Sum of Five Pounds and 'Two Shillings, be Allowed & Paid out of the Publick Treafury to Edward Pell, the Accomptant to Difcharge his Accompt.
Sent up for Concurrence. The Lift of Councellors fent to His Excellency the Governour this Morning : was Return'd to the Houfe again, by the Members who carried it. His Excellency having Entred thereon as follows : viz,
I Confent to this Eledion of Councellors, except Nathaniel Byfield Efq ;
Given under My Hand, J. DUD LET.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
Dencris 27 f^Axx 171 5*
/^Rdered, That Capt. Noyes, Col. Thaxter, Mr. Parjons, Mr. Denifon, and Capt. ^-^ Fullam, be a Committee for Petitions to Examine the Matters and Allegations thereof, and report the fame with their Opinion thereon to the Houfe.
A Petition of John Brigham, Hopejiill Brown, and Twenty-nine others, Prefented to the Houfe and Read, Praying, That the Land lying between the Towns of Marlborough, Lancajier, Worcejler and Hajfanameefit, may be granted to them, and made a Townlhip.
Ordered, That the Petition be Rejefted all the Names affixed thereto, except one being written by the fame hand.
A Petition of Francis Fullam and Daniel Livermore, both of Wejlon, Prefented to the Houfe and Read, Praying this Court to give them leave to Purchafe a piece of Land, containing about Six Hundred Acres, Lying on the Eafterly fide of the Town of Oxford, of the Indian Owner thereof, called Mallalawing David, for Reafons therein expreffed.
Ordered, That the faid Petition be committed to the Committee for Petitions.
Ordered, That Capt. Noyes, Mr. Cooke, and Col. Thaxter, be a Committee to pre- pare the Draught of a Vote, to bring forward, the Running of the Line between this Province and the Colony of Rhode-IJland, purfuant to the Agreement of the Com- miflioners of the Two Governments for that end.
A Petition of John Small-piece of Bojion, who was very much wounded, by a Blaft of Gunpowder, in the Burning of the Impoft-Office, the laft Winter, when he was attempting to fave what he could therein ; Prefented to the Houfe and Read, Praying fome Allowance towards his Cure and Subftftence.
In anfwer to the faid Petition. Rejolved,
[4]
' Refohed, That the Sum of Twenty Pounds be Allowed and Paid out of the Publick Treafury to ^ohn Small-piece the Petitioner, towards his Relief. Sent up for Concurrence.
Andrew Belcher and Addington Davenport Efqrs. brought down a Letter from His Excellency the Governour, dated yefterday at Roxbury, and direfted to the Gentle- men of the Council and Reprefentatives : Intimating that he is under fuch Bodily Illnefs, that he is unable at prefent to Attend the Court, but would have the Court Proceed in the Bufinefs that lies before them.
And a Letter from Mr. Agent Dummer, dated at Whitehall, Decemb. 4th laft, Directed to Mr. Secretary Addington, for the General Affembly : Which were Read.
Mr. Edward Hutchin/on, having Reprefented to this Houfe, That he with Mr. John Watts, have now more than Ten Families, gone and ready to go, to Arowjick Ifland, to make a Settlement there.
Voted, That His Excellency the Governour be requefted, now to order a Serjeant with Nineteen Sentinels, from Cajco Fort, to Defend and Affift their Settlement, agreeable to the Vote of this Court in October laft: The faid Undertakers having likewife reprefented that convenient Barracks will be ready for their reception, by the time they can remove thither.
Sent up for Concurrence.
A Report of the Committee, appointed by this Court, the 20th of laft OSlober, to Run the Line, between the Town of Groton, and the Plantation of Najhoba, offer'd to the Houfe, and was Read accordingly.
Refolved, That the Report be Accepted. Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
^abbati 28 tik ittaii 171 5.
/'^Apt. Noyes from the Committee for Petitions, made Report to the Houfe on ^^ the Petition of Francis Fullam, and Daniel Livermore, the prayer whereof was entred yefterday : That the Committee were of Opinion that the prayer of the Peti- tion be granted.
Refolved, That the prayer of the Petitioners be granted ; Provided the Land be no Part of Land appropriated by the Government, and the Quantity exceeds not Seven Hundred Acres. Sent up for Concurrence.
Ordered, That Col. Adam Winthrop, Mr. William Paine, Mr. Elijha Cooke, Mr. Abraham Preble, Mr. James Cawley, and Luke Hitchcock Efq ; be a Committee to joyn with fuch as the Honourable Board fliall Nominate, to Prepare the Draught of a humble Addrefs and Memorial to His Majefty, humbly to Reprefent, and lay before His Majefty, the prefent State of this Province. Sent up for Concurrence.
A Report of the Committee for Setling of the Eaftern Parts of this Province : Offered to the Houfe, and Read.
A Petition of Jojeph Morje Reprefentative of the Town of Sherhourn, Prefented to the Houfe, and Read; Praying that a Plat of Four Thoufand Acres of Land, (there-with exhibited) laid out and protrafted by "Thomas White Surveyor, purfuant to a Grant of this Court, may be confirmed to the faid Town.
A Meffage from the Board by John Wheelwright, and John Clark Efqrs. Defiring the Houfe to have a further confideration of the Memorial of the Council that manag'd the Government, after the Death of Lieut. Governour Stoughton, until the Arrival of His Excellency our prefent Governour.
The faid Memorial purporting as entred P^eb. 20th 17 13. Read.
And then the Houfe Adjourn'd till Monday next Three a Clock afternoon.
[5] luiiiie 30 t>ie ittaii 171 5.
A Petition of Richard Coomes and Hephzibah his Wife Daughter of Jofeph Newel, late of Roxbury, deceas'd, prefented to the Houfe & Read; Praying Relief from great wrong they fufFer, by the Heirs of Florence Maccarty late of Bojlon, deceas'd, injurioufly with-holding from them Lands that were her Father's, lying in Roxbury aforefaid ; and for which they are without remedy in the Law.
Ordered, That a hearing be granted on this Petition, before this Court, on Friday next at Ten a Clock in the forenoon : And that the Petitioners ferve the adverfe Party with a Copy of the Petition, and a Notification, That they may be heard, if they have any thing to Alledge why the prayer of the Petition fhould not be Granted. Sent up for Concurrence.
A Petition of Daniel MarJJi Reprefentative of the Town of Hadley, prefented to the Houfe & Read, praying. That a Trad of Land of Four Miles Square adjoyning to the faid Town may be annexed, and made part thereof, Agreeable to a Grant of this Court, formerly made, That the faid Quantity fhould be laid to them.
And a Petition of Ebenezer Pumry and Nineteen others Inhabitants of the faid Town, and the Town of Northampton ; prefented to the Houfe & Read; Praying, That the faid Lands, with others near adjoining may be Granted to them, to Settle and Form a Townfhip there.
Ordered, That the faid Petitions be referr'd to further Confideration, at the Seffion of this Court in the next Autumn.
And that in the mean time the Town of Hadley lay out their Grant of Four Miles Square, made to them by the General Court in May 1683. by a fkilful Sur- veyor, under Oath, either of the South-weft, or North-eaft End of the faid Town. That the Province Land lying between the faid Town, and the Town of Spring- field, may not be cut in pieces, and made unfit for future Grants and Settlements, and return a Plat thereof to this Court for Confirmation.
Whereas a great Number of Guns were fired yefterday, being the Lords Day, at Ca/lle fVilliam, for which we are not fenfible of any neceflary occafion.
Ordered, That Mr. Speaker be defired to wait on His Excellency the Governour, and inquire. Upon what occafion, and by whofe order they were fired ; and defire that for the future Orders may be given. That no Guns may be fired there on the Lord's Day, but in cafes of neceflity.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
illartts 31 lite ittaii 1715.
A Petition of Samuel Partridge Efq; Praying as entred the Third day of Novemb. "*• •^ laft. Read again and Committed.
Sundry Accompts of charge arifing for the furnilhing of Major ^ohn Stoddard, and the Reverend Mr. John fVilliams, and their Attendants, to proceed on their journey to Canada, Anno 17 13. being fent by this Court to obtain the Englifli Captives there.
And Accompt of charge after their Return, and charge upon the Captives rcturn'd, Prefented to the Houfe for Allowance and Payment: Read and committed to the Committee for Petitions.
The following Report offered to the Houfe, viz. We under-written, having been appointed by the Honourable General AfTembly of this Province the loM day of June, Anno 17 14. To view a Tra6t of Land adjoyning to Brookfield on the South, and to Brimfield on the Eaft, extending from Brookfield South-weft Corner Eaftward, Three Miles, in order to its being added to the Town of Brimfield, whofe Bounds are ftraitned on the South, by the Partition Line of this Province, and the
B Colony
[6]
Colony of ConneEticut, and make a Report thereof. Having ftriftly Meafured faid Brimfield Weft Line, which we find to be Seven Miles & Sixteen Perch, as it Bounds on Springfield^ tho' not fo much Square off from the faid Partition Line ; and alfo the Diftance between Springfield, and the South- weft Corner of Brimfield, which we find to be Eight Miles one Quarter, and Twenty-two Perch, and no more ; which faid Tra6t is fiiort of the Contents of Eight Miles Square, and withal very Moun- tainous, and uncapable to entertain a fuitable Number of Families, without an addition at the Eaft End: Are therefore humbly of Opinion, That unlefs Three Miles be added, to the faid Town oi Brimfield, as defcribed in the Subfequent Map; It will not be inviting nor capable to entertain a Suitable Number of Families, according to the Diredtion of the Court, relating to the Settlement thereof; the faid Eaftermofl End only being capable to entertain Inhabitants to Settle in a defenfible manner. April 21. 1715. Signed
Jqfeph Parjons (only not prefent at the Meafuring) John Partridge John Chandler Read and Accepted.
And Ordered, That the Report be accepted; And all the Land between the Province Line, and the South Line of Brookfield, for the Space of Three Miles from the Eaft End of the Town of Brimfield, be Granted and Added to the faid Town of Brimfield. Provided, It Intrench not upon the Four Miles Square, ordered to be Surveyed for Wait-ftill Winthrop Efq ; nor upon any other former Grant. Sent up for Concurrence.
Ordered, That Mr. Cooke, Mr. Remington and Mr. IVilliam Paine, be a Committee to confider what A<5bs are Expired, or near Expiring, that fliould be Revived or Continued ; and prepare a Bill or Bills for the fame ; And to prepare and offer fuch other Bills, as they apprehend proper now to be Enadted.
Voted, That the right of this Province in and to the River commonly called Pi/cataqua River, be Afferted and Maintained. And in order there-unto :
That a Breaft-work for Six Guns be Eredled in fome convenient place, in the Town of Kittery, for the Defence of the River.
That Six Guns with Shot and Carriages be Ordered to the Town of Kittery, upon their Erefting a Breaft-work, & Platform, & obliging themfelves to Maintain the fame.
That His Excellency be defired to give his Orders accordingly.
That it is for His Majefty's Service, That there be a Naval Office kept in the Port of Kittery, to avoid the Unreafonable Duties or Impofitions Exaded from the Inhabitants of this Province, pafling in and out faid River, by the Naval Officer of the Government of New-Hamp/hire.
That all Ships or other Veflels that Load or Unload at the Port of Kittery, be obliged to enter, and clear with the Naval Officer there, and Pay the Duties of Im- port and Powder Money according to Law.
That all the Harbours in Kittery and Berwick, fhall belong to the Port of Kittery. Sent up for Concurrence.
A Petition of Twenty-four Inhabitants of that Part of Hingham, called Conihaffet, prelented to the Houfe and Read, praying. That they may be fet off", and made a Separate or Diftindt Precinft, as to the Publick Worftiip of God; for Reafons therein mentioned.
Ordered, That the Petitioners ferve the Town of Hingham with a Copy of this Petition, and that they be heard before this Court, on the Eighth Day of June next, if they have any thing to offer why the prayer thereof fliould not be granted. Sent up for Concurrence.
[7]
Mr. Treafurer Allen Attended the Houfe with his Accompts of the Treafury, which were Read, and he withdrew.
Order edy That Mr. Cooke, Mr. William Paine, Capt. Chambers, Mr. Remington, and Mr. Samuel Clap, be a Committee to Examine and Audit the Treafurers Accompts, and infpeft the Vouchers of the feveral Payments : And make Report to the Houfe.
The Vote of this Houfe pafs'd the 27th Currant, for fending Twenty Men from Cqfco Fort to Arowfick Ifland, fent down from the Board, pafs'd upon there, viz. In Council May 31 17 15. Read and Concurr'd, and that His Excellency be Defired, to add Ten Men more to the Garrifon of Cajco, for the prefent Exigence, and until further Order.
Sent down for Concurrence. Read.
The Vote of this Houfe pafs'd the 28th Currant, for a humbly Addrefs to His Majefly, fent down from the Board, pafs'd upon there May 31. 1715. In Council, Read and Concurr'd ; And that the Settlement of the Eaftern Parts, and the Affair of Cape Breton, now in the hands of the French, be particularly confidered, in the faid Addrefs ; and Elijha Hutchinjon, Samuel Sewall, John Higgin/on, and Addington Daven- tort Efqrs. are added to the Committee.
Read and Concurr'd ; and Sent up again.
A Letter from Mr. Agent Bummer, to Mr. Secretary Addington, for the General Affembly, Dated yf/>r/7 5th 1715. Read.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
ittercurix i t>ie ^unit 171 5.
/^Apt. Noyes from the Committee for Petitions, made Report on the feveral
^-^ Accompts of charge in the Out-fet of Major Stoddard, and Mr. Williams for
Canada, &c. which was accepted by the Houfe, and the following Accompts allowed
to be paid, viz.
To Dr. Robert Ellis his Accompt of Medicines & Attendance, )
on Sick Captives, i^c J
To Mr. 'Thomas Tarbol his Accompt of Charge 5 17 00
To Jofeph Kellog as per Accompt 3 15 00
To Martin Kellog as per Accompt 29 18 04
To Capt. Thomas Baker, Accompt of Charge in his ficknefs 12 04 00
To the Honourable Samuel Partridge Efq : for his extraordinary ]
. >• 2 c 00 00
Service for Six Years in the late War J ^
To Col. Samuel Partridges Accompt. N'. 1. 22 12 10
To Col Samuel Partridges Accompt. N°. 2. 21 01 05
/. 130 03 07 Re/olved, That the Sum of One Hundred and Thirty Pounds, Three Shillings, and Seven Pence, be Allowed, and paid out of the Publick Treafury, to the feveral Perfons named in the above Accompts, according to the Sums annexed to their Names, for the Difcharging of the faid Accompts. Sent up for Concurrence. A Petition of John and Matthew Whipple in behalf of the new Precin6t in Ip/wich, prefented to the Houfe and Read, praying. That feveral other Families near to them in the faid Town, may be added to the faid Precinft.
And a Petition of Sundry Perfons, Praying that they may be annexed, and laid to the faid Precin6t Read, and Ordered,
[8]
Ordered, That the Petitioners ferve the Town of Ipfwich with a Copy of both thefe Petitions, who may be heard before this Court, if they have any thing to objed againft the prayers thereof, on the Tenth Day of this Month, if the Court continues Sitting so long, otherwife on the firfl Day of the next SelTion. Sent up for Concurrence.
A Petition of Jofeph Pratt and Fifty-nine others. Inhabitants of the Eafterly Part of Bridgewater, prefented to the Houfe & Read, praying, That they may be fet oiF, and made a Separate Precindt, as to the Maintenance of the Gofpel Miniftry.
Ordered, That the Petitioners ferve the Town of Bridgewater, with a Copy of this Petition, and that a Hearing be granted on the firfl Thurfday, of the next Seflion of this Court, if they have any thing to Alledge, why the prayer thereof fhould not be granted.
Sent up for Concurrence.
A new Piatt of the Grant of the Townfhip of Sutton, Laid before the Houfe for Allowance and Confirmation ; which being Infpedted.
Ordered, That the faid Piatt be Rejefted, as not being agreeable to the Grant of this Court.
Ordered, That all Platts of Land that fhall be offered to this Court for Confirma- tion, be henceforward fuch, as the Surveyor and thofe who carryed the Chain, in Meafuring the Land are under Oath, to a faithful and impartial performance of thofe Services.
Some of the Members Informed the Houfe that Mr. John Randall, who is return'd Reprefentative of the Town of Rochejier, is a Profane perfon, and flands Convi6l of Scandalous Immorality's.
Mr. Randall had Opportunity given him, to make his Defence. But he exprefs'd himfelf unconcern'd to clear his Reputation.
Whereupon he was Ordered to withdraw.
The Queflion being put, Whether the Houfe efteem the faid Mr. Randall to be a perfon worthy to Sit as a Member of this Houfe? It pafs'd in the Negative.
Ordered, That the faid Mr. John Randall be Expell'd this Houfe.
The faid Mr. Randall was again call'd into the Houfe.
And Mr. Speaker acquainted him with the Vote, the Houfe had pafs'd. And that he was Expell'd the Houfe. Whereupon he immediately Departed the Houfe.
Ordered, That a Precept be fent to the Town of Rochejier, to Ele(5l and Send a Reprefentative to Attend His Majefly's Service in this Houfe, on the loth Currant, and fo de die in diem, during the Seflions thereof, in the room of the faid Mr. Randall. And that they be Reprimanded for their abufing their Privilege, in Eledt- ing and Sending a perfon of fuch an Ignominious Character to Reprefent them.
A Memorial of some of the Minifters of the Gofpel in this Province, Moving this Court to Countenance, and Affift the Calling of a Synod of the faid Churches, by their Paftors and Delegates. Signed, ^^ofeph <!5em(ft
§'ofjn 2Danfortf) S^cnjamin l©atiftaort|)
25ett)aniin Colman l^eter €f)act)^t.
Sent down from the Board, pafs'd upon there, viz. In Council May 31. 17 15. Read and Voted, that the Synod and Affembly above-mentioned, is agreeable to them, and the Reverend Miniflers, are Defired to take their own time for the faid Affembly, and earneflly wifh the Iffue thereof may be a happy Reformation, in all the Articles of a Chriflian Life and Manners amongft His Majefly's good Subjects of this Province. Sent down for Concurrence. Read.
[9]
A Petition of Joftph Brown & Forty-two Others, Inhabitants of the Eaft and Weft Precindb in the Town o{ Newbury, prefented to the Houfe and Read; praying that they may be fet off, and made a Separate Precindt for the Maintenance of the Publick Worfhip of God, which the Eaftern Precindt have confented to, but as yet the Weftern have not.
Ordered, That the Petitioners ferve the Weftern Precin<ft, with a Copy of this Petition, and Notifie them that they may be heard, before this Court on Friday the Tenth Currant, if they have ought to alledge why the prayer thereof fhould not be granted. Sent up for Concurrence.
A Bill Intituled, An A£i in Addition to an ASi for Ereiling of a Powder-houje in Bojlon. Read a firft time.
Ordered, That a Precept be fent to the Town of Plymouth, to Eledt & Send a Reprefentative, in the room of fames Warren Efq ; deceafed, to appear at this Houfe the \oth day of fune Currant, at Nine a Clock.
A Petition oi fames Cawley Reprefentative of the Town oi Marblehead, prefented to the Houfe and Read, praying that the faid Town may be freed from the Obliga- tion to Maintain a Gunner at the Fort, in the faid Town, in time of Peace, which they are injoyned to do by an Order of this Court pafs'd in O^ober 1708. for reafons therein fet forth.
Ordered, That the prayer of the Petition be granted. Sent up for Concurrence.
A Petition of fo/eph Hammond, prefented to the Houfe and Read, praying that he may be allowed a proper Conlideration, for his Time and Expences Ten Dayes in aflifting with Others appointed by this Court, in April 17 14, to Difcover and Determine a proper place for Setling a Town at or near Cafco Bay. Committed.
The Report of the Committee for Setling the Eajlern Parts, Read again and committed to the Committee for Petitions, to Report their Opinion what is proper to be done thereon.
A Petition of Samuel Emery, and Samuel Moodey Minifters of the Towns of fVells and Tork, prefented to the Houfe and Read, Moving, That the Fort at Winter Harbour, may be fupplyed with a Chaplain. Committed.
A Petition of Thomas Tarboll, prefented to the Houfe and Read, praying con- fideration and allowance for his Time and Expences in going to Canada, with Major Stoddard & Mr. Williams, Anno 17 13. to recover the Captives. Committed
A Bill Intituled, An ASi in Addition to the Alt for EreSftng of a Powder-houJe in Bojlon. Read a fecond time.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
3obi0 2 tiie 3unii 171 5.
'' I ""He Committee appointed to Examine the Treafurers Accompts, Reported, "*■ That in thefe Accompts is an Article of Eight Pounds, given to the Troops that attended His Excellency the Governour, when he Re-affumed the Government; for which the Treafurer has no Warrant, from the Governour and Council diredlinfr its Payment.
And the Queftion being put. Whether the faid Article be allowed in the faid Accompt ? It pafs'd in the Negative.
Capt. Noyes from the Committee for Petitions, made Report on the Petition of Thomas Tarboll, viz. That they are of Opinion that nothing is due from the Prov- ince to the faid Tarboll, fince he proceeded as a Volunteer in that Service to Canada, & not imploy'd by the Government, but recommended him to the favour of the Houfe.
Which was accepted by the Houfe. And the Houfe confidering the Service he had done : C Rejolved,
[,o]
Rejohedy That the Sum of Ten Pounds be Allowed and Paid out of the Publick Treafury to Mr. "Thomas Tarboll the Petitioner for his Service mentioned in his Petition, being Voluntary. Sent up for Concurrence.
Mr. Cooke from the Committee appointed to Examine the Treafurers Accompts, made Report, ^c.
The Committee having perufed the Treafurers Accompts for the Year 1714 in which he chargeth himfelf with the Sum of Eighty-three Thoufand Eight Hundred and One Pounds, Ten Shillings and Eleven Pence.
We find that he has Difcharged himfelf by Order of the Governour and Council, of the Sum of Fifty One Thoufand Three Hundred & Four pounds One Shilling & Nine pence ; and that there is Handing out, Seven Thoufand, Seven Hundred and Seventy Five pounds. Three Shillings and Eight pence, of the Taxes ; Fourteen Thoufand Two Hundred & Nine pounds & Two pence, Neat Province Bills, for the Exchange of Bills. Six Thoufand and Forty Nine pounds. Eleven Shillings and Two pence. Neat Province Bills. Four thoufand Four hundred and Sixty three pounds Fourteen Shillings and two pence. Province Bills, with the Five per Cent. advance thereon, to be drawn into the Treafury ; being in the whole. Thirty two thoufand Four hundred Eighty nine pounds Nine Shillings and two pence, which he is further to be Accountable for, befides Twenty thoufand two hundred and Forty One pounds of Powder in the Powder-houfe.
And that he has remaining in his hands. Three thoufand Nine hundred and Fourteen pounds thirteen Ihillings and four pence, to Defray the charges of the Year One thoufand Seven Hundred and Fifteen.
William Paine
Bo/ion, June id. Committee
1715.
Elijha Cooke yxn. - Cha. Chambers Samuel Clap Jona. Remington
Read and Accepted.
The Accompts of Mr. Jer. Allen, Treafurer and Receiver General of this Prov- ince beginning the 31 Day o{ May, 17 14. and continued unto the 16th Day of May, 17 1 5. Amounting unto the Sum of Eighty three thoufand eight hundred & One pounds ten (hillings & eleven pence, having been prefented & laid before the Houfe of Reprefentatives, and Infpedled by faid Houfe, by which it appears that there was Handing out on the faid iGth Day of May, Seven thoufand feven hundred & feventy five pounds three fhillings and eight pence, of the Taxes ; Fourteen thoufand two hundred and nine pounds, and two pence. Neat Province Bills, for the Exchange of Bills. Of Six thoufand & forty nine pounds, eleven fhillings and two pence, Neat Province Bills, and Four thoufand four hundred and fixty three pounds fourteen fhillings and two pence Province Bills, with the Five per Cent, advance thereon, to be drawn into the Treafury and further Accompted for.
Voted, That the faid Accompts in the feveral Articles of Receipts, and Payments therein mentioned. Amounting unto the Sum of Fifty One thoufand three hundred and Four pounds. One fhilling and Nine pence. Be and are hereby Approved and Allowed of, and the faid Treafurer is hereby Difcharged of the faid Sum of Fifty One thoufand three hundred and Four pounds One Ihilling and Nine pence. Sent up for Concurrence.
The Vote of this Houfe, on a Plat of Two Hundred Acres of Land, (a Grant formerly made to Thomas Eames) pafled, O£lob. 29. 17 14. not being that Seflion pafs'd upon in Council.
Ordered, That the faid Vote be Revived and Sent up for Concurrence.
A Petition of the Children, and Heirs of Mr. John Haynes late of Sudbury, deceas'd, prefented to the Houfe and Read, praying for the Confirmation of their Title, to a certain Trad: of Land, formerly bought by the faid Deceafed, of Jojeph Robins, and Benjamin Antony, Indians. Committed. In
In Conjideration that the "Trade of this Province is greatly ObJlruSied, ana Junk by the Exportation of the Coin, ^ for want of a Medium of Exchange : and the only Medium now faffing in Trade, is the Bills of Publick Credit, which are Jo far drawn in already. That it is a Difficulty, next to an Impoffibility for this Province to pay the Tax of Twenty-two Thoufand Pounds, Granted to be raifed this Tear, within the fame.
And Confidering, That no Damage will accrue to the Publick, or to Private Perfons, but Conveniency ^ Advantage to both, by Protracting the Payment of Part of the faid Tax to a further convenient time.
Voted, That Eleven Thoufand Pounds only of the faid Sum be Levied, and Col- lefted this prefent Year; and that the Impoft and Excife be a Fund and Security for Drawing in the Sum of Four Thoufand Pounds more thereof
And that the remaining Sum of Seven Thoufand Pounds be Levied, at the Seflion if this Court in May, iji2. and Paid in to the Treafury by the laft Day of December next after. Sent up for Concurrence.
Ordered, That Col. IVinthrop, Capt. Noyes, Col. Thaxter, Mr. Parfons, Mr. Epps, and Capt. Arnold, be a Committee to Inquire after a Suitable & Convenient Houfe, for the Reception & Entertainment of His Excellency Col. Surges, our expefted Governour, when he fhall Arrive, and to make Report to the Houfe.
A Petition of the Sele6t-men of the Town of Newton, prefented to the Houfe and Read, praying this Court to fend a Committee, to View the faid Town, and Con- y fider of and Determine the mod convenient Place for the Ere6ting a Meeting Houfe for the Publick Worfhip, that fliall beft accommodate the whole Town. Sent down from the Board, pafs'd upon there, viz. In Council, May 31. 17 15. Read & Accepted. And the laft Committee whereof John Otis Efq; was Chairman, are ippointed a Committee, to go upon the Place, and prefix the certain Spot, for t reding a Meeting-Houfe; and this to be a final Settlement of the Town referring to the Place, for Ere6ling a Houfe, for the Publick Worfhip of God. Sent down for Concurrence. Read and Concurr'd.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
Oencris 3 tic Jnnii 1715
A Petition of Ifaac Amfden and Sixty-fix Others Inhabitants of the Town of ■* ^ Marlborough, prefented to the Houfe and Read, praying that an Addition may be made to the faid Town, of certain Lands lying between it, and the South Line of the Town of Lane after, and of Sundry Farms adjoining to them.
And a Petition of feveral Inhabitants of the faid Farms, Read, praying that they may be annexed to the Town of Marlborough.
Referr'd to confideration at the next Seilion.
A Petition of the Inhabitants of the firft, and eldeft Precind, in the Eaft part of the Town of Springfield, prefented to the Houfe and Read, praying that the Lands belonging to them, which lie within the Precinft called Long Meadow PrecinEi, may be Excufed for paying to the Miniftry there, and pay to the firft Precinft.
And the Queftion being put. Whether the prayer of the Petition be granted .'' It pafs'd in the Negative.
A Motion being made by Jo/eph Parjons Efq; Afking leave to bring in a Bill for the prefervation of Pine Trees :
Ordered, That Mr. Parfons have leave to bring in a Bill for the prefervation of Pine Trees.
The Petition of Jofeph Morfe, praying, as entred the 28/A May laft. Read again. The Surveyor that took the Plat therein referr'd to, being Sworn. And the follow- ing Vote pafs'd and entred on the Plat, viz. This Plat having been prefented for Confirmation, and Viewed and Infpedted by the Houfe.
Ordered
[.2]
Ordered, That the Land therein Defcribed be Allowed, Granted, and Confirmed to the Town of Sherbourn, as an equivalent for the Seventeen Families laid to Fratn- ingham. Mentioned in the Plat : Provided it intrench upon no former Grant. Sent up for Concurrence.
A Petition of Jofeph Green of Salem, prefented to the Houfe and Read, praying, That a Surveyor may be appointed to lay out a Farm formerly Granted, to Marfhal General Mitchelfon (the laying out of that, and Mr. Green the Printer's Farm Inter- fering with one another.) Committed.
A Petition of John Brigham, and thirty Others, prefented to the Houfe and Read, praying. That a Trad: of Land lying between Marlborough, Lancajler, Worcejler and AJfanomiJco, may be Granted to them with the Privileges of a Townfhip ; Referving to the Interefted fuch prior Grants as are therein included.
Referr'd to further Confideration at the Sext \next\ Seffion.
The Petition of Jofeph Hammond, praying as entred the firft Currant, further confidered and the Report of the Committee thereon, which was Accepted by the Houfe, and accordingly, In anfwer to the faid Petition :
Rejolved, That the Sum of Five pounds be allowed and paid out of the Publick Treafury to Mr. Jofeph Hammond, the Petitioner, for his Service fet forth in his Petition. Sent up for Concurrence.
The Vote of this Houfe pafs'd the ^-jth of May laft, for Souldiers to Cover the Settlement at Arrowfick Ifland, fent down from the Board, pafs'd on there, viz. In Council, May 31. Read and Concurr'd, and that His Excellency be defired to add Ten Men more to the Garrifon at Cafco for the prefent Exigency, and until further Order. Sent down for Concurrence. Read and Committed to the Committee
for Petitions.
A Memorial of Samuel Partridge Efq ; the Reprefentatives of the feveral Towns of the County of Hampjhire, and Others, prefented to the Houfe & Read, praying. That a Committee may be appointed, to Difcover the moft convenient Courfe, for a Cart-way to be made in, from Marlborough to Brookfield, to Springfield, and from Brookfield to Hadley ; and Report a Calculation of what they fuppofe it may Coll to make fuch Roads paffable, in order to it's being done.
Ordered, That Col. Thaxter, Mr. William Wilfon, & Jojeph Parjons Efq ; be a Committee to Difcover & Report the moft convenient Courfe for the Roads pro- pofed in the faid Memorial, together with a Computation of the charge it will proba- bly Demand to make them paffable. Provided the Petitioners, or the County of Hampjhire, will bear the charge of the Committee. Sent up for Concurrence.
foil JEmtJtem.
Capt. Noyes, from the Committee appointed to confider of a Suitable Place for the Reception & Entertainment of Col. Surges upon His Arrival to this Govern- ment. Reported, That inafmuch as there is no Suitable Houfe to be Let, and the Manfion Houfe, Land & Garden, &c. of Peter Sergeant Efq ; deceas'd is now upon Sale: The Committee are of Opinion that it would be for the Intereft & Benefit of this Province to purchafe the fame for their Ufe & Improvement.
The Petition of Jojeph Green, praying as entred this Day, further confidered, and the Report of the Committee thereon, which was accepted by the Houfe, and accordingly.
Ordered, That the Petitioner may Imploy an able Sworn Surveyor with Men under Oath to carry the Chain, to lay out fo much of the Province Land adjoining to Mitchel/on's Farm, as by niiftake was taken up of Green's Farm, in the firft laying out of Mitchelfon s Farm, fo as that the faid Mitchelfon s Farm, may contain three hundred Acres, as at firft Granted ; and lay a Plat thereof before this Court for Confirmation. Sent up for Concurrence.
Complaint
[■3]
Complaint having been made to this Houfe the firjl of this Inftant June, That Mr- Samuel Sternes, a Member of this Houfe i£ Reprefentative of the Town of Watcrtown, and Treafurer of the /aid Town, has oppofed the Execution of the Orders of this Court, relating to the Maintenance of the Minijlry in the /aid Town.
And Mr. Sternes at his Deftre, had time given him till this Day to make anfwer to the Complaint, which he did; /everal of his friends in the f aid Town, together with the Com- plainents, being prefent ; And both Parties having been heard, they withdrew.
And Mr. Sternes was directed to withdraw until he is called for. After some Debate:
The ^ejiion was put. Whether the Houfe is of Opinion that Mr. Sternes is guilty of Oppofing the Execution of the Orders of this Court relating to the Maintenance of the Minijlry in Watertown ?
And it pqfs'd in the Negative.
Ordered, That Mr. Sternes be called in, and have a caution given him in the words following, viz.
Mr. Sternes, This Houfe have been fo tender as not to Vote you guilty of Oppofing the Orders of this Court in the Articles complain'd of againft you. Yet they are very fenfible you have not fo encouraged & promoted Obedience thereunto as the publick Station, you have flood in, have Obliged you to do : And therefore caution you for the future to be very careful that you do not by word or deed Encourage a Difobedience to them.
But Advife & Exhort you, to ufe all proper Methods agreeable to your Duty as a Chriftian, a Member of this Court, and an Officer in the Town, to promote and forward a compliance, with the Orders of this Court, for the Support of the Miniflry in your Town, that there be no further Difputes, or Differences about the raifing the Maintenance of your Miniflers, so plainly Dire6led in the Orders of this Court. And in that Expe6lation, we continue & entertain you a Member of this Honour- able Houfe.
A Bill Intituled, An Ail in Addition to an A5t for Erecting a Powder-houfe in Bofton.
Read a third time.
Ordered, That the Bill do pafs to be EngrofTed. Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
j&abbati 4 tiic Junii 171 5.
A Petition of Con/lant Freeman Reprefentative of the Town of Truro, prefented to ■^ ^ the Houfe & Read, praying. That the Province Land at Cape Cod, not in- cluded within the Bounds of any Townfhip, may be added to the Town of Truro, and fo be brought under Government ; Or elfe that the Inhabitants there may not belong to the Conftablerick of the faid Town, for reafons therein mentioned. Committed. A Report of the Committee for Petitions, on the Report of the Committee for Setling of the Ea/lern Parts of this Province. Read and Debated, Paragraph by Paragraph : And feveral Paragraphs Voted with fome Amendments.
And then the Houfe Adjourn'd till Tuefday Morning Nine a Clock.
iltiirtts 7 l)ic '^xmix 1715-
A Petition of Samuel Partridge Efq ; John Stoddard Efq ; and Henry Dwight, the Committee for Setling of the Town of Northfield, prefented to the Houfe & Read, praying the Direftion of this Court, in feveral Articles relating to the Settle- ment of the faid Place. Committed.
D A
[•+]
A Bill Intituled, An A£i for altering the 'Time for the holding the Courts of General Seffion of the Peace £5? Inferiour Court of Common Pleas, within the County of Barnftable, pafs'd at the Board to be Engrofs'd. Sent down for Concurrence. Read a firft time.
A Bill Intituled, An A5i againfl Burglary, pafs'd at the Board to be Engrofs'd. Sent down for Concurrence. Read a firft time.
A Plat of One Hundred Acres of Land laid out by Thomas White Surveyor, con- tiguous to the Town of Mendon, being imployed by the Heirs of Simon Broadjlreet Efq ; deceafed, formerly Governour of the late Colony of the Majfachujetts-Bay, pur- fuant to a Grant of this Court, made Novemb. 21. 1702. Prefented to the Houfe for confirmation.
Ordered, That the Lands fo Platted be confirmed to fuch of the Heirs of Simon Broadjlreet Efq ; as of Right the faid Grant doth belong. Provided it doth not exceed the Quantity of One Thoufand Acres, nor intrench upon any former Grant, Sent up for Concurrence.
A Petition of Ifaac Hubbard and Thirteen Others, Proprietors of the Town of Swampfield, prefented to the Houfe and Read, praying, That the faid Townfliip may be Inlarged, by the Addition of more Land thereto. Committed.
A Petition of Mary Cole of Bofton, Widow, prefented to the Houfe and Read, praying, That fhe may be Enabled to Mortgage the Houfe & Lands which were her late Huft)ands Henry Coles, for 400 /. to redeem them from a Mortgage of 300 /. and to pay other Debts.
The Report of the Committee for Petitions, upon the Report of the Committee for Setling the Eajlern Parts of this Province, further confidered, and fome other Paragraphs thereof Voted.
A Meffage from the Board, That according to the Order of the Day, Mr. Speaker and the Houfe now come up to attend two Hearings.
The One upon the Petition of Lovering of London, per John Merion his
Attorney, Kimball of Watertown the adverfe party.
The Other on the Petition of Richard Coomes, & Hephzibah his Wife. The Heirs of Florence Maccarty the adverfe party.
Mr. Speaker, and the Houfe went up accordingly, and the faid Hearings being finifli'd Return'd to their own Chamber.
The Vote of this Houfe, pafs'd the 2d. of June, Inftant, for Raifing the Tax of Eleven Thoufand pounds only this Year, ^c. Sent down from the Board, not Concurr'd. Read, and further confider'd, and
Ordered, That the faid Vote be Infifted on and fent up again.
A Petition of Jonathan Hajlings of Cambridge, prefented to the Houfe, and Read, praying, That he may be enabled to have a Hearing of Two Aftions between him and Job Bull of Bojlon, who Married Sarah the Widow of Richard Sherin, before the next Superiour Court of Judicature, to be holden at Charljlown ; having Appealed from the Judgment of the Inferiour Court, to the Superiour Court, and by a Miftake in his reafons of Appeal, both his Adlions were Difmift, by the Superiour Court.
Ordered, That the Petitioner ferve the adverfe Party with a Copy of the Petition, and Notifie them that they may be heard before this Court on Friday next, if they have Plea to make why the prayer thereof fhould not be Granted. Sent up for Concurrence.
The Report of the Committee, for Petitions upon the Report of the Committee for Setling the Eajlern Parts of this Province, further confidered, and the remaining Paragraphs thereof Voted with fome Amendments ; and the whole is as follows, viz. In anfwer to the Propofals of Thomas Hutchinfon & John Wintworth Efqrs. in behalf
of
[■5]
of themfelves & Partners, recommended by the Committee of the Eaflern Claims, for the Setling of Two Towns forthwith in a regular & defenfible manner.
Voted, That the faid Towns propofed to be Setled be accepted, and encouraged according to their Report.
That the Land Platted for a Town from Pejep/cot Falls, to Macquoit in Ca/co Bay be Conftituted a Townfhip, to be Laid out; the quantity of Six Miles Square, as the Land will allow ; and be called by the Name of Brunfwick, to be forthwith Setled in a defenfible manner.
That the Other Town Platted in a Square of a Mile to the Eaftward of Ambrof- cogging River, fronting to Merry Meeting Bay, be allowed & accepted by the Name of Top/ham, and be Platted & Laid out, the quantity of Six Miles Square, as the Land will allow ; and a Return made in fome convenient time to this Honourable Court.
Voted, That for the Satisfaction & Encouragement of thofe that offer to Settle in the faid Towns, that this Court give a Confirmation to their Purchafe, as Bounded and laid down in their Propofals, with a Saving for any and all other Grants, Titles, Intereft, or Eftates that may be found within the fame. And particularly, that of Harvard College, and with a refervation of the Rights, Improvements & Pofleffions of any Inhabitants or Proprietors. Provided always, and it is to be underftood that thofe perfons (hall be fubjedl to fuch regulations of this Court, as has been made for their Settling in a defenfible manner.
Voted, That the faid Townfhips be freed from the Province Taxes, for the fpace of Five Years, from their firft Setting down ; and this Court do encourage the Min- iftry, as fhall appear reafonable unto them. Provided, That the Propofers on their part, perform what they offer of Encouraging a Miniftry, Minifter & Schools, and Proceeding forthwith, to Grant fuch Trails in Fee to fuch as will Settle there. And in order to the Covering thefe Settlements the Stone Fort near Pejep/cot Falls be repaired, and that Fifteen Men, One of which to be a Serjeant, with a Commiflion Officer upon Enfignes Pay, be placed there for the Proted:ion & Affiftance of the New Settlements, in the room of the Fort, or Trading Houfe at Ca/co, which being much out of Repair, We are of Opinion, It is for His Majefty's Service, It be flighted and no longer continued. That his Excellency the Governour be defired to give his Orders accordingly, and alfo for the Inlifting Five Men, which with Ten Men taken from Ca/co makes the Complement for Brun/wick.
And in anfwer to the Reprefentation of Mr. Edward Hutchin/on, They humbly offer that the other Twenty Men of the Complement, that is now at Ca/co be removed to Arrow/ick Ifland for their Covering, for the fpace of Six Months, and no more, agreeable to the Grant of the General Court.
Voted, That Major John Wheelwright, Mr. Abraham Prebble, Mr. Jo/eph Ham- mond, Charles Fro/i Efq; Mr. John Leighton, and any Three of them be a Committee, to Profecute the regular Settlements, of the Eaflern Frontier, and that in anfwer to the Petition of the Proprietors of Cape Porpus, and Black Point to the Committee for Claims, the faid Committee be DireAed to lay out the Town Plats, in a regular and defenfible manner, at the charge of the Proprietors, and of fuch other Town as fhall offer agreeable to the Order of the Court.
Voted, That the Memorial oflfered by the Reverend Mr. Samuel Emery, and Mr. Samuel Moodey, be referred to the faid Committee, to Report to this Court the State of Winter Harbour.
Voted, That agreeable to the Committee of Claims Report, relating to a Road to the Eaftern Settlements. We are of Opinion that it is necelTary that a Road be laid out in the moft convenient Place, from Wells or Newitchawanock to Pejep/cot Falls, as fhall be thought moft convenient & pradlicable, and a Computation made of the charge, be laid before this Court ; and that it be an Inftruftion to the faid Commit- tee, to caufe the fame to be Surveyed, & to make their Report of the Place & charge. And that a Committee of both Houfes be appointed to prepare the Draught of an
Aft,
[i6]
AA, for fettling and quieting the Titles of the Lands that are to the Eaftward of Pifcataqua River. Sent up for Concurrence.
Complaint being made to the Houfe that Capt. Benjamin Stevens, One of the Members thereof, Reprefentative of the Town of Andover, was within the time of the prefent SeJJion, viz. Tejlerday Arrejled in a Civil A6lion, by Benjamin Coker, Under Sheriff of the County of Eflex, by virtue of a Warrant granted by Jofeph Woodbridge Efq ; Jujlice of the Peace ; which is an Indignity offered to this Houfe, a manifejl Breach of the Privi- lege thereof, ^ a 'Tran/greffion of the Law of this Province.
Ordered, That Mr. Juftice Woodbridge, and Mr. Under-Sheriff Coker, be Sum- moned by a Warrant from Mr. Speaker forthwith to appear before this Houfe to anfwer for their fo doing.
Ordered, That Mr. Seth Sweetfor of Charlejlown, be impowered, & imployed as a Meffenger of this Houfe to go and Serve the faid Summons.
A Petition of Serjeant Daniel Tucker, prefented to the Houfe & Read, praying for confideration & Allowance to be Granted to him towards his Support, being under Cure of a Gun-fhot Wound he received in the Service againft the Indian Enemy, in the late War.
Re/olved, That the Sum of Ten Pounds be Allowed, and Paid out of the Publick Treafury to Daniel Tucker the Petitioner, towards his Support. Sent up for Concurrence.
A Petition of the Inhabitants of the Town of Brookfield, prefented to the Houfe and Read, praying, That the Lands of Non-Rejident Proprietors, and other unoccu- pied Lands in the faid Town, may be made liable to Town AffefTments, for reafons therein rendred. Committed.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
Ittewurii 8 tiie '^unii 171 5.
A Petition of Wait Winthrop Efq ; praying. That the Committee appointed to ■^^ lay out the Town of Brimfield, may be forbidden to proceed therein, fo as to Encroach upon a Traft of Land belonging to him at Tantiufques, or the Black Lead Mine Hill. And that he may be Allowed to take a Plat of his Land there by an able Surveyor at his own charge, and lay the fame before this Court for Confirmation. Sent down from the Board, pafs'd upon there, viz. In Council June \th 17 15. Read and Ordered, That the prayer of this Petition be Granted. Sent down for Concurrence. Read and
Ordered, That the prayer of the faid Petition be fo far Granted, That the Petitioner may imploy at his own charge an able Surveyor, with Chain-men under Oath, to lay out Four Miles Square of Land, which fliall include the Black Lead Mines that have been Opened in the Hill Tantiufques, mentioned in the Petition, without Intrenching on any former Grant; and prefent a Plat thereof, to this Court for Confirmation at their Seffion the next Autumn ; and that the Surveyor and Chain-men were under Oath, to be certified on the Plat. Sent up for Concurrence.
A Meffage from the Board, That Mr. Speaker, and the Houfe, now come up to the Council Chamber, to attend the Hearing Ordered to be this day, upon the Petition of that Part of Hingham called Conihaffet, praying they may be made a Separate Precinft.
Mr. Speaker, and the Houfe went up accordingly, and when the Petitioners, and the other Part of the faid Town had been fully heard, they withdrew. And Mr. Speaker and the Houfe return'd to their own Chamber.
A
[•7]
A Memorial of Capt. Zechariah Tuthil Viflualler of His Majefty's Garrifon at Caftle fVilliam, prefented to the Houfe & Read, praying the Court to Dire6l and Order him a meet Allowance per Man, for his Viftualling of the faid Garrifon for the Year next coming. Committed.
^oll iltmtiiem.
The Memorial of the Reverend Minifters, Moving that a Synod be Aflembled, which was Read the firft Inflant. Read again and upon a Motion being made,
Ordered, That any of the Subfcribers thereof be admitted into the Houfe, when they fliall defire it, to fpeak to their Memorial.
The Petition of that part of the Town of Hingham, called Conihajfet, upon which a Hearing was had this Day : Sent down from the Board, paffed upon there, viz. In Council, June %th 1715. A Hearing having been upon this Petition, Ordered, That John Cu/hing, Thomas Fitch, Thomas Oliver isf Edmund Sluinfey Efqrs. or any three of them be a Committee, with fuch as the Reprefentatives fhall add to them, to Repair to Hingham, giving a Weeks Notice to the Sele6t-men of the Town, that they may appoint & warn a Town-Meeting. And that the faid Committee do pro- ceed to hear the Town, and the Petitioners on the Articles mentioned in the Petition. And that they ufe all means that the Petitioners may be peaceably eftabliflied in the Support of a Minifter at Conihajfet, as is defired ; and that they make Report of their proceedings, to the next Seffion of the General Aflembly. Sent down for Concurrence. Read & Concurr'd ; Provided, That two Months time be firft allowed to the Petitioners to apply themfelves in a fuitable manner to the Town, that the affair may in the moft peaceable Method be accommodated amongft themfelves. But if after the faid time is Expired, the Petitioners (having fo applied themfelves without fuccefs) Do attend the Committee herein Conftituted, with their Defire, That in fuch Cafe, Capt. Stephen French, Seth Arnold Efqr ; Mr. John Ward, Capt. I/aac Little, and Col. Adam Winthrop, (any Four of them to be a Sluorum as to this Houfe) are Nominated to joyn with the Committee of the Hon- ourable Board, for the Service above-mentioned. Sent up for Concurrence.
A Bill Intituled, An ASt againjl Burglary, Read a 2d, and a 3d time, and
Refolved, A Concurrence that the Bill be Engrofs'd with the Amendments annexed.
A Bill Intituled, An AH for altering the time for holding the Courts of General SeJfton of the Peace, &* Inferiour Court of Common Pleas, within the County of Barnftable. Read a 2d & a 3d time, and
Refolved, a Concurrence that the Bill be engrofs'd, with the Amendments annex'd.
The Petition of David Lovering by John Merion his Attorney, on which there was a Hearing Yefterday : Sent down from the Board, pafs'd upon there, viz. In Council, June Sth. 17 15. on confideration of the Allegations Yefterday in the Hearing upon this Petition. Ordered, That the Petition be Difmifled. Sent down for Concurrence. Read and Concurr'd.
A Petition of Jofiah Chapin of Mendon Efqr ; prefented to the Houfe & Read, Shewing, That in the Year 1664. the General Court Granted to his late Father Samuel Chapin, Two Hundred Acres of Country Land, which Grant was laid out as was fuppofed without the Bounds of the faid Town, but is lince upon Running the Line found to be within them. Praying, That he may be allowed to take up and lay out the faid Grant of Two Hundred Acres, in another place in the Province Land, where it may be found.
Ordeied, That the prayer of the Petition be Granted : And that the Land be laid out in a proper regular Form, by an able Surveyor, and Chain-men under Oath ; the Plat thereof to be laid before this Court, for Approbation. Sent up for Concurrence.
And then the Houfe Adjoum'd till to Morrow Morning Nine a Clock.
E
^obis
[.8]
MR. Coo;^^ from the Committee appointed to prepare the Draught of fuch Bills, as were proper now to be Enadled, Offered to the Houfe the following Bills,
viz.
A Bill Intituled, yf« A£lfor Reviving ^further Continuing fever al Rates i£ Duties of Impojl & Tunnage of Shipping, &c.
A Bill Intituled, An A5t for the better Preferving, Increafing & Securing Naval Stores, particularly. Tar, Turpentine, & Rozin, within this Province.
A Bill Intituled, An A£i for the more due & equal Raifing of Money, for Defraying of the Charges arifing in each refpeSfive County, within this Province.
A Bill Intituled, An A^ for the Reviving ^ Continuing, An A61 for Raifing an Excife upon Wines, Liquors, and other Strong Drinks, Sold by Retail, ^c. All which were Read the firft time.
Agreeable to the Vote of the Houfe Yefterday, the Reverend Mr. Wadfworth, Mr. Pemberton & Mr. Colman, were admitted into the Houfe, and by Sundry Argu- ments inforc'd the Memorial of the Reverend Minifters, for the Convening of a Synod, and withdrew.
Upon a Motion being made;
Ordered, That the Reverend Dr. Increafe Mather, with any Other of the Reverend Minifters that Defire it, may be heard before this Houfe upon the faid Memorial, at Four a Clock this day.
A Petition of Simeon Stoddard Efq ; and 189 Others Principally Inhabitants of the Town of Bojlon, prefented to the Houfe & Read, praying. That a Medium of Exchange in Trade, may be provided by this Court, for Reafons therein fet forth.
Poll itterititetn»
Agreeable to the Order of the Houfe this Day the Reverend Dr. Increafe Mather, was admitted into the Houfe, and Afligned feveral Reafons why he thought that a Synod fhould not be Convened at this time, as was moved by the Memorial of the Reverend Minifters, and with-drew.
Ordered, That a Light-houfe be Eredled at the charge of this Province, at the Entrance of the Harbour of Boflon, on the fame Place and Rates propofed in a Bill, projedled for the Town of Boflon s doing it, accompanying this Vote ; and that a Bill be drawn accordingly. Sent up for Concurrence.
The following Vote fent down from the Board, viz. In Council June gth 171 5. Ordered, That Andrew Belcher, Thomas Fitch Efqrs. and Mr. Treafurer Allen, with fuch as the Reprefentatives fhall appoint, be a Committee to infpeft the former Grants & Funds, of the General Court, in order to the fetling the Tax for this prefent Year, and Report the fame. Sent down for Concurrence. Read and Non-concurr'd.
The Petition of Mary Cole, praying as entred the 7th Currant. Read again, and fent up.
An Accompt of Rowland Dike of the charge of his Dining this Houfe on the laft Day of Ele6lion of Councellors, Amounting to 12 /. 15 j. prefented to the Houfe for Allowance and Payment.
Refolved, That the Sum of Twelve Pounds and Fifteen Shillings, be allowed and paid out of the Publick Treafury to Rowland Dike, the Accomptant to Difcharge the laid Accompt. Sent up for Concurrence.
Capt. Noyes from the Committee for Petitions made Report on the Memorial of Capt. Zechariah Tuthil that was Committed Yefterday, which was accepted by the Houfe, and accordingly.
Ordered, That Four Shillings & Ten Pence, half Peny per Man per Week, be Allowed for the Vidualling of the Garrifon at Caftle William, for the fpace of One Year next coming. And
['9]
And that no perfon whatfoever, Voluntarily Inlifting himfelf for His Majefty's Service at the faid Caftle, (hall upon any Occafion whatfoever be removed from thence for Service elfe where. Sent up for Concurrence.
Capt. Noyes from the Committee for Petitions, made Report, on the feveral Peti- tions after named, which were accepted by the Houfe, and the following Orders agreeable there-unto pafled thereon, viz.
The Petition of the Town of Truro, praying as entred the 4th Currant.
Ordered, That the Petitioners Serve the Inhabitants of the Precin6l at Cape Cod, or the Principal of them, with a Copy of this Petition, That they may (hew Reafon, if any they have, why the prayer thereof (hould not be Granted, on the (irft Tuefday of the next Seflion of this Court. And alfo, why they do not Entertain a Learned Orthodox Minifter of the Gofpel, to difpenfe the Word of God to them, as they are Directed, by an A6t of this Court, made the laft Year for that end. Sent up for Concurrence.
The Petition of the Inhabitants of the Town of Brookfield, praying as entred the 1th Currant.
Ordered, That for Seven Years next coming all Town A(re(rments, in Brookfield be Raifed on Polls, as the Law direfts, and on the Real Eftates of the Non-Refident as well as the Re(ident, Proprietors exclufive of Perfonal Eftate, which the Committee for Setting the faid Town, are hereby Direded and fully Impowred to Levy and Colledt accordingly ; so long as they (hall be continued by this Court.
And to take care the Town be Setled in the moft regular, compadl, and defen(i- ble manner that may be. Sent up for Concurrence.
The Petition of the Committee for Setling the Town of Northfield, praying as entred the 7M Currant.
Ordered, That the Order of this Court, pa(red at their Se(fion in Febr. Anno 1713. for Settlement of the Town of Northfield, be further continued for three Years more. That the Committee be Direfted to Setle the Town in the moft regular, and defenfi- ble manner that may be. That all Town Taxes in Northfield for the Space of Five Years next coming, be Rais'd on Polls as the Law dire(5Vs, and on the Lands that are or (hall be Divided or Allotted out ; and that where a General, or Common Field, or Fields, is agreed upon to be Fenced in for Improvement, The Proprietors of the Inclofed Land (hall pay their juft Proportion towards the charge of Making and Maintaining the Fence, whether they Improve their Land or no; and if any fuch Proprietors are out of the Province, and cannot be come at by Law to Pay their juft Proportion of fuch charge, then their inclofed Lands, (hall (land chargeable therewith until it is paid. Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
C^enm0 lo tiic 3^unu 171 5.
A Copy of the Sermon, Preached by the Reverend Mr. Jeremiah Shepard on the ■*• ^ laft day of the Eleftion of Councellors, laid before the Houfe by the Commit- tee appointed to procure the fame.
Ordered, That Mr. William Paine, and Mr. Cooke be a Committee, to agree for the Printing thereof, at the moft reafonable Rate they can, and to Referve One of the Books for each of the Members of this Court, and of the Minifters of the feveral Towns, and to prefent the Author with Thirty.
A Petition of Thomas Fitch, Oliver Noyes, Nathanael Cary, Charles Chambers, and Samuel Greenwood, a Committee appointed by this Court, to provide Sundry neceflfa- ries for the Train of Artillery, &c. DireAed by Her late Majefty, to be here pro- vided, for the Expedition againft Canada, Anno 1711. And for the Sums they advanced in that Service, They received Bills of Exchange Drawn by His Excellency
the
[20]
the Governour, upon the Lord High Treafurer of Great Britain, none of which nor any part of the faid Bills have been yet paid. And the Petitioners had the Loan of 3812 /. 8 J. '] d. Granted to them in Bills of Publick Credit out of the Publick Treafury ; in confideration of their being in Advance in, and for that Service, and which they are oblig'd to Pay into the Treafury in July next ; prefented to the Houfe & Read, pray the continuance of the faid Loan for One Year more.
Ordered, That the prayer of the faid Petition be granted. Sent up for Concurrence.
A Petition of Nathanael Henchman of Bq/ion Merchant, prefented to the Houfe and Read, fliewing. That he Received of the Ten Thoufand pounds Loan of Prov- ince Bills, Anno 171 1. the Sum of Fourteen Hundred pounds, which he difburfed to pay off Tranfports, that were taken up on Her Majefty's Accompt in the Expedition to Canada, Anno 171 1. and took Bills of Exchange on the Lord High Treafurer of Great Britain for the fame, to the Sum of 996 /. \% s. 8 d. Sterling, payable at 30 days fight : But no part of the faid Bills is yet paid, and praying the continuation of the Loan of the faid Fourteen Hundred pounds for One Year more.
Ordered, That the prayer of the Petition be Granted. Sent up for Con- currence.
A Petition of T'homas Patch and Four more Inhabitants of the Town of Wenham^ prefented to the Houfe & Read, Complaining that thofe who were Sele<fl-men of the faid Town the laft Year, did in an unjuft manner Draw Money out of the Treafury of the faid Town, & praying this Court to take Cognizance of, & Redrefs the wrong.
Ordered, That the Petitioners forth-with Serve Samuel Kemball, yohn Porter, William Rogers and Caleb Kemball, who were Sele£l-men of Wenham the laft Year, and Samuel Porter, that was then Conftable, with a Copy of this Petition, and direc- tion to appear before this Court on Friday the 17/A Currant, to anfwer the Com- plaint thereof. Sent up for Concurrence.
A Petition of Francis Allen of the Town of Kittery, prefented to the Houfe and Read, Shewing that before Berwick was fet off, a Separate Townfhip from the Town of Kittery, he agreed with Kittery for Twelve pounds per Year, to Maintain 'Thomas Tounglove a blind impotent Man of that Town ; but that fince Berwick has been made a Separate Townfhip, Kittery Refufes to pay him : And that he can obtain no Remedy by the Law, the Juftices of the Inferiour Court being Inhabitants of Kittery; praying Remedy from this Court. Committed.
A Bill Intituled, An A£l for the Reviving & Continuing an AEl for the Raijing an Exci/e upon Wines, Liquors, ana other Strong Drink, Sold by Retail. Read a 2d time.
A Bill Intituled, An A3i for the more convenient &" equal Raijing of Money for Defreying of the charges arijing in each refpeElive County, within this Province. Read a ad time.
A Bill Intituled, An A£l for Reviving ^further Continuing feveral Rates (d Duties oflmpofi £5? Tunnage of Shipping, &c. Read a 2d. time.
A Bill Intituled, An A^ for the better Pre/erving, Increafing &' Securing Naval Stores, particularly. Tar, Turpentine ^ Rozin, within this Province. Read a 2d time.
A Meffage from the Board, That Mr. Speaker & the Houfe now come up to the Council Chamber to attend the Hearing appointed this Day, upon the Petition of the Southwefterly Precindt in the Town of Ip/wich.
Which was forth-with done & the Hearing being finifhed, Mr. Speaker and the Houfe returned to their own Chamber.
Poll JEerttitem.
A Petition of Sundry Inhabitants of the Town of Dorchejler, living Weftward of Milton, including Puncapaog Plantation, prefented to the Houfe and Read, praying, That they may be Conftituted a Townftiip, for the better Support of the Gofpel Miniftry according to the Bounds they mention, i^c.
And the Queftion being put. Whether the prayer of the Petition be Granted ? It pafs'd in the Negative. The
[21]
The Petition of Francis Allen, praying as entred this Day, further confidercd, & the Report of the Committee thereon, which was accepted by the Houfe, & ac cordingly.
Ordered, That the Town of Berwick pay the fame Proportion of the Twelve pounds mentioned in the Petition, during the time of the Impotent Man's neceflities. That they paid in the laft Town-Rates, when they were part of the Town of Kittery. Sent up for Concurrence.
A Petition of IVilliam Dudley, in behalf of the Proprietors of the Town of Rutland, prefented to the Houfe & Read, praying. That the Plat they formerly laid before this Court to be confirmed as the laying out of the faid Townftiip, may be now confirmed, for Reafons therein mentioned. Committed.
A Plat of 143 Acres of Land, laid out by John Gardner Surveyor, imployed by John Higgin/on Efq ; as part of his Right of 460 Acres, the faid Surveyor, and thofe that carried the chain in Meafuring the Land being Sworn ; prefented to the Houfe for Approbation : And the following Vote pafs'd thereon, viz.
This Plat laid before the Houfe and Infpedled by them.
Ordered, That the Land, therein Defcribed & Platted, be confirmed to John Higgin/on Efq ; provided. It doth not Intrench on any former Grant. Sent up for Concurrence.
An Accompt of Robert Ellis Surgeon his Adminiftration to Serjeant Daniel Tucker, for the cure of a Gun-fhot Wound in his Body, which he received in the Service againft the Indian Enemy, Anno 171 1. from Aug. 16. 1713. to May i^th 1715. further confidered, and
Re/olved, That the Sum of Thirty-five pounds be allowed & paid out of the Pub- lick. Treafury to Dr. Robert Ellis the Accomptant, for his Service, 6ff. mentioned in his Bill. Sent up for Concurrence.
A Petition of John Campbell, praying, That he may be Allowed the Sum of 35 /. 2 s. ;^ d. due for the Portage of Publick Letters. Sent down from the Board having been Read there. Read and Committed.
And a Reprefentation of the faid John Campbell, fhewing Reafons to Induce the Publick to affift him in the Printing his Weekly News-Letter. Read & Committed.
Ordered, That Col. IVinthrop, Mr. William Paine, and Mr. Jonathan Remington, be a Committee to prepare and lay before the Houfe a Draught of a Bill, to lay the like Duty on the Trade of the Province of New- H amp/hire, to this Province, that the Government there have laid upon the Trade of this Province.
A Meflage from the Board, That Mr. Speaker and the Houfe, now come up to the Council Chamber, to attend a Hearing upon the Petition of Jofeph Brown, and Others, Inhabitants of the Eaft and Weft Precindls in the Town of Newbury ; which was forth-with done, and the Hearing being finifh'd, Mr. Speaker and the Houfe return'd to their own Chamber.
A Petition of George Momeu/que Indian, praying. That he may have Liberty to Sell a Traft of Land belonging to him, which adjoyns to the Southern Line of the Town of JVorcefter. And a Petition of the Inhabitants of the Town of Worcejler, praying. That they may have Liberty to Purchafe the faid Land of the faid Indian. Were both feverally prefented to the Houfe and Read.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
j&abbati II tiie '^wxCxx 1715.
A Petition of John Higgin/on jun. and Nathanael Higgin/on of Salem, prefented to "* ^ the Houfe and Read, praying, That they may be Allowed to lay out a New Farm of Seven Hundred Acres, formerly Granted to the Reverend Mr. John Higgin- /on, and laid out by a Pond called Haverhill Bound Pond, the Marks then made being moftly Eflfac'd, and not to be found. " Ordered,
F
[22]
Ordered, That the prayer of the Petition be granted, and that the Plat be taken by a fkilful Surveyor, and Chain-men under Oath, (to be fo certified thereon) and return'd to this Court for confirmation. Sent up for Concurrence.
Mr. Seth Sweet/or, who was Imployed as the Meffenger of the Houfe, made Return, That he had Summoned Mr. Juftice Woodbridge, and Under-SherifF Coker, to appear before the Houfe, & produc'd a Letter from Mr. Woodbridge, to Mr. Speaker and the Houfe, which was Read, excufing his not appearing by Reafon of his own and his Families Sicknefs ; and intreating that his Error in Iffuing forth a Writt againft Capt. Stevens may be Over-look' d, inafmuch as he was Ignorant of his being a Member of this Honourable Houfe.
Mr. Under-Sheriff Coker appear'd before the Houfe and begg'd pardon of the Houfe for his Error & Offence, in Serving a Writ upon Capt. Stevens, One of the Honourable Members thereof: And affirm'd that he knew him not to be a Repre- fentative, when he Served the Writ.
Mr. Coker was Ordered to with-draw a while.
It not appearing to the Houfe, That Mr. Under-SherifF Coker, did know that Capt. Stevens was a Member of this Houfe when he Arrefted him.
Ordered, That the faid Mr. Coker be difmifs'd. Mr. Coker was accordingly call'd in and difmifs'd.
A further Report of Stephen Frances, Joftah Conver/e, and John Ware, a Commit- tee fent by this Court in June 1701. to Settle the Line between the Town o( Sherborn and Framingham ; and to Determine who fhould bear the charge : Having formerly made Report as to the Line, now Determine as to the charge of the Committee, That one third part thereof be paid by the Town of Sherborn, the Other two thirds by the Town of Framingham, each of the Committee having been Seven days upon that Service.
Ordered, That the faid Report be Accepted, and that the faid Committee be paid accordingly Four Shillings -per day to each of them for the time of their Service. Sent up for Concurrence.
And then the Houfe Adjourn'd till Monday next Three a Clock afternoon.
Eunae 13 tiie 3unti 1715.
'T^He Bill Intituled, An A51 for the better Pre/erving, Increaftng & Securing Naval ■'■ Stores, particularly. Tar, Turpentine £s? Rozin, within this Province. Read a 3d time.
Re/olved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
The Proprietors of the Town of Rutland having Reprefented to this Houfe, that the Diredion given by this Court at their lafl Seflion, for the laying out the faid Townfhip contiguous to the Town of Lancajler (which was then fo Ordered to pre- ferve a Regular Face to the Frontiers, and not leave a flip of Land between the faid Towns too fmall for a Townfhip) will remove them in fome meafure from the Lands they had purchafed of the Natives.
And having Propos'd and Petition'd, That the Form & Place of their Townfhip, may be as Difcrib'd in this Plat, which will help the faid Inconveniences.
Ordered, That the faid Proprietors be Direfted to Protrad, and lay out their Grant of Land for a Townfhip, named as abovefaid, agreeable to the Plat above Delineated, by a Surveyor and Chain-men under Oath (to be fo returned on the Plat) Referving & Laying out for this Province, One Thoufand Acres of Land, in the Angle between Worcejler and Leicejler, in a figure as near a Square as they can, and lay the Plat fo taken before this Court for Confirmation. Sent up for Concurrence.
The Bill Intituled, An A£i for the more Convenient & equal Raifing of Money for Defreying of the charges arijing in each re/peSfive County within this Province.
Read a 3d. time, and Refolved,
[^3]
Rejolvedy That the faid Bill do pafs to be Engrofs'd. Sent up for Concurrence,
A Meffage from the Board, that Mr. Speaker and the Houfe now come up to the Council Chamber, to attend the Hearing appointed to be this day, upon the Petition o( Jonathan Hajlings, between him & Job Bull; which was forth-with done. And the Parties being fully heard, with-drew; and Mr. Speaker, and the Houfe Return'd to their own Chamber.
The Vote of this Houfe pafs'd the y/i? of this Inftant June, refpefting the Setling of the Eajlern Parts of this Province: Sent down from the Board, pafs'd upon there, viz. In Council June loth 17 15. Read and Concurr'd. And by His Excellency the Governour, viz. At the Defire of the Council and Reprefentatives, I fhall give the Warrants to Draw out Nineteen Men, and an Enfign from Ca/co Fort for Arrow- Jick. And fhall alfo raife Fifteen Men, for Brun/wick, with a Commiflion Officer for the Service projected ; But cannot at prefent fee Reafon to Demolifh the Fortifica- tion at Ca/co, until His Majefty's pleafure be known therein. J. DUDLEY.
The Precept fent to Plymouth : Return'd Major John Bradford chofen their Reprefentative : who appeared.
A Petition of Jeremiah Dummer and Thirty Others, Merchants, 6ff. to whom this Court Lent of the Publick Bills of Credit, in the Year 171 1. to enable them, to Supply the Britijh 'Troops, then defigning an Expedition againft Canada, for which Supplies they received of the Governour & Admiral of the faid Expedition Bills of Exchange on the Lord High Treafurer of Great Britain ; prefented to the Houfe and Read : Shewing, That as yet no more than two thirds of the Bills of Exchange are paid, and that with great Difadvantage : Praying, That one third part of the faid Bills of Credit that are out-ftanding in their hands, may be Lent to them for One Year more.
Ordered, That the prayer of the Petition be Granted; and that the Bills out- ftanding in the Petitioners hands, and thofe a-like concerned be Lent to them for One Year more. And that the Committee that this Court Imployed to lend out the Bills, and take Security for the Re-payment, be Reviewed & Impowred, to Review and Confider the Bonds, and Security given for the fame, as well thofe on which the after Ten Thoufand pounds Loan was iffued, as thofe which this Petition refers to ; and that fuch of the bonds wherein any of the Obligors are Dead, Removed out of the Province, or by adverfe Providence confiderable Impaired, in Eftate, or wherein the Security refufe to continue fo, be Sued out when due ; unlefs other and further fufficient Security, be given to the Satisfadtion of the Committee, the Obligors to pay the Committee for their trouble. Sent up for Concurrence.
A Bill Intituled, An AEl in Addition to the A£l for Granting unto His Majejiy feveral Rates &" Duties of Impojl, and Tunnage of Shipping. Read a firft time.
A Petition of Andrew and Jonathan Belcher of Bojlon, Merchants ; prefented to the Houfe and Read, praying, That Fourteen Hundred pounds part of the Sum Lent to them in Bills of Credit, out of the Publick Treafury, Anno 171 1. to Aflift them to furnifh Stores to General Hill, and Admiral Walker, for the Army & Fleet under their Command, bound on the Expedition to Canada : May be Lent to them for Four Years more to come, for Reafons therein Alledged.
Ordered, That the prayer of this Petition be fo far Granted, That the faid Four- teen Hundred pounds be Lent to the Petitioners, for One Year more. Sent up for Concurrence.
The Vote of this Houfe pafs'd the 2d Inftant for Pojl-poning the payment of Eleven Thoufand pounds, part of Twenty-two Thoufand pounds, granted to be Levyed this Seflion. Sent down from the Board again, pafs'd on there, viz. In Council June i^th 1715. put to the Queftion, Whether the Council do depart from their Vote of Non-concurrence within mentioned, on June ^th Currant ? Pafs'd in the Negative. Read
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
ilfUrti0
JEartis 14 tite ^unii 171 5.
'T^He Vote of this Houfe pafs'd the 31 o? May laft, for Afcerting the Right of this •*• Province to Pi/cataqua River : Sent down from the Board, pafs'd upon there, viz. In Council jfune i. 1715. Read & Concurr'd. And by His Excellency the Governour, viz. I agree to this Vote and the Eftabliftiment of a Naval Officer at Kittery, fo foon as the Breaft-work for Six Guns Voted, fhall be built, and the Guns Mounted. J. DUDLEY.
Major John Bradford Returned Reprefentative of the Town of Plymouth, was fent up to the Board to take the Oaths, &c.
' I "^His Houfe having at diverfe times for feveral Years paft. Voted the Fort or ■*■ Trading-Houfe at Ca/co Bay, to be of little or no Service as a Barrier to our Frontiers, a Bridle to the Indian Enemy, or Security to the Fifhery, and therefore of no Publick Benefit. And this Houfe with the Honourable Board (as by their Votes of the 'jth & loth Inftant) having offered to His Excellency as their Opinion, That it is for His Majefty's Service, That the Fort at Ca/co Bay be flighted, and no longer continued, and that a Stone Fort near Pejep/cot Falls be Repaired inftead thereof, as more conveniently Situated for Covering the New intended Settlements and keeping the Indians, from their Fifhery in cafe of a Rupture. And His Excellency having fignified under his Hand, That he cannot at prefent fee Reafon to Demolifh the Fortification at Ca/co, until His Majefly's pleafure be known therein.
And forafmuch as the Charter Granted to the Inhabitants of this Province, by their late Majefly's King William and Queen Mary of Glorious Memory, Doth give full Power to the Governour, for the time being, at his pleafure to Demolifh Forts and Fortifications.
Voted, That no more Money be drawn out of the Publick Treafury, for the Subsifling and Paying any Officers, or Souldiers at the Fort at Ca/co, after the Firfl Day of September next.
And that a Copy of this Vote be fent to Mr, Treafurer, for his future DireAion. Sent up for Concurrence.
A Petition of William Maccarty Adminiftrator of the Eflate of his late Father Florence Maccarty of Bo/lon, deceas'd, prefented to the Houfe and Read, praying,^ that a Deed of Gift, wherein Jo/eph Nowell conveyed his Real Eflate to his Wife, which was forgotten to be mention'd in the Hearing that has been upon Coomes his Petition, may be now receiv'd, and have its confederation in the Proceeding of this Court upon the faid Petition.
The Copy of the faid Deed, and Coomes, his anfwer to the faid Petition of William Maccarty, Read & fent up.
The Bill Intituled, An A51 in Addition to the ASl for Granting unto His Maje/ly /everal Rates &' Duties of Impo/l, and T'unnage of Shipping. Read a 2d time.
The Vote of the Board, upon the Vote of this Houfe of the 2d Currant, for Po/l-poning the Raifing of Eleven 'Thou/and Pounds of the Tax to be Levyed this Sef- lion, entred Yesterday, Read again and further Confidered, and Debated.
Ordered, That the Houfe Adhere to their Vote aforefaid, as firfl pafTed. Sent up.
Ordered, That Mr. Elifha Cooke, Mr. Samuel Clap, Col. Adam Winthrop, Col. Samuel Thaxter, and Capt. Francis Fulham, with fuch as the Honourable Board fhall joyn, be a Committee to prepare the Draught of a Bill, for Settling and Quieting the Titles of the Lands, that are to the Ea/lward of Pi/cataqua River, purfuant to the Vote of this Court this Seflion. Sent up for Concurrence.
Ordered, That Mr. William Paine, Col. Samuel Thaxter, and Col. Adam Winthrop, with fuch as the Honourable Board fhall joyn, be a Committee to Build a Light Houfe, at the Entrance of the Harbour of Bo/lon, purfuant to the Votes of this Court.
Sent up for Concurrence. An
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An Engrofs'd Bill Intituled, An A£t for altering the time for Holding the Courts of General Sefftons of the Peace, and Inferiour Court of Common Pleas within the County of Barnftable. Read and
Rejolved, That the Bill do pafs to be Enafted. Sent up.
An Engrofs'd Bill Intituled, An A II againjl Burglary. Read and
Refolved, That the Bill do pafs to be EnaAed. Sent up.
A Meffage fent up to the Board, Defiring them now to joyn with the Houfe in the choice of a Treafurer, for the Province.
Ordered, That Mr. Deni/on, and Mr, William Parrie, carry up the Votes of the Houfe for a Treafurer, and affift in Sorting & Numbering them, with the Votes of the Board, and Report the choice.
The Votes of the Houfe being prepared & collected, the Members afore-named carryed them up to the Board, and Returned that Mr. Jeremiah Allen was chofen Treafurer for the Year enfuing, by a Unanimous Vote of both Houfes.
A Meffage fent up to the Board, That the Houfe are now preparing their Votes for an Import Officer, Defiring they will do the fame.
The Votes of the Houfe being prepared & colle(5led, were fent up by Col. Win- throp and Mr. Deni/on. Who Return'd & Reported that Mr. Daniel Ruffell was chofen Import Officer for the Year enfuing, by a major part of the Voters.
A Meflage fent up to the Board, That the Houfe are now ready to proceed to the choice of an Attorney General, Defiring them to joyn in the choice of that Officer.
Voted, That the Line between this Province and the Colony of Rhode-IJland, as by agreement between CommiflSoners, for both Governments met at Roxbury on "January igth 1710, 11. and begun to be Inveftigated on the 23d oi April following,
according to faid agreement from the Stake fet up by Woodward and
Saffery, be finiftied. And the former Committee for this Province be Revived and fully Impowered, to perfeft faid Line, giving timely Notice to the Committee or Government of Rhode-IJland of the time and place of their Meeting; and upon their Refufing or Neglefting, The Committee for this Province be diredted to proceed & perfeft the Line according to the aforefaid agreement now on Record. Sent up for Concurrence.
Ordered, That a further Meffage be fent up to the Board, that the Houfe are preparing their Votes, for an Attorney General, and Defire they would joyn with them in that choice.
The Members that carried up the faid Meffage, Return'd anfwer, That the Council faid they had been bufied in other affairs, and had not yet confidered of that Motion.
A Bill Intituled, An AEt for the more fafe keeping the Regijlry of Deeds, and Con- veyances of Lands. Read a firft time.
A Bill Intituled, An A£l in Addition to the A El for Regulating Fees. Read a ift time.
The Accompts of Jeremiah Dummer Efq; Treafurer of the County of Suffolk, for the Years 17 13. & 1714- Prefented to the Houfe. Read and Allowed. Sent up for Concurrence. The Accompts of Nathanael Paine Efq ; Treafurer of the County of Brijlol, of the Year 17 13. & 17 14. Prefented to the Houfe. Read and Allowed. Sent up for Concurrence. The Accompts of John Otis Efq ; Treafurer of the County of Barnjlable, of the laft Year. Prefented to the Houfe. Read and Allowed.
Sent up for Concurrence. The Accompts of Daniel Ruffell Treafurer of the County of Middle/ex, of the Years 1711, 1712, 1713. & 1714. Prefented to the Houfe. Read and Allowed. Sent up for Concurrence. A Petition of Peter Roe, John Kent, James Tounglove & Jacob Adams, jun. Select-
G men
[26]
men of the Town of Suffield, Shewing, That the Town are in great Confufion by reafon of Differences about the choice of their Town Officers, as fet forth in the Petition, praying Remedy from this Court. Sent down from the Board, pafs'd upon there, wz. In Council June ii. 1715. Read & Ordered, That the Juftices of Weft Hampjhire, appoint an extraordinary Seffion at Suffield, and Command a Town Meeting to be Summoned there ; and upon Reading the Papers & Proof of the Allegations therein. That they Eflablifli the Seledmen chofen according to the ufual Cuftom of the Town for Ten Years pall, to proceed in the bufinefs of the Town for this Year : but that for the future they proceed according to the Direftion of the Law. Sent down for Concurrence. Read and not Concurr'd, and Ordered, That the Inhabitants of the Town of Suffield be Ordered to Meet the firft Monday in July next, and then to chufe all Town Officers to Serve for the Remainder of the Year; and that the Seledmen of the laft Year be Direfted & Impowered to give the Inhabitants Notice to Convene together according to the Order of this Court. Sent up for Concurrence.
A Meffage from the Board, That they are ftill of Opinion, That the half of the Tax Granted to be Levied this Seffion can't be Poji-pond, fmce it is fo Granted by an Adt of this Court, under the Seal of the Province, and fo return'd to Whitehall ; and mov'd the Houfe to proceed to Levy the whole Tax, except what Abatement may be made upon account of the Funds for drawing in the Bills, exceeding the Sum of the Bills out-flanding.
The Petition of John Campbell, Deputy Poft- Mailer General of New-England, praying as entered the loth Currant, further confidered, and the Report of the Com- mittee thereon, which was accepted by the Houfe, and accordingly,
Rejolved, That the Sum of Twenty-five pounds three Shillings and three pence, be allowed and paid out of the Publick Treafury to Mr. John Campbell, in full of his Accompt of Poftage of Publick Letters, to the 3d Currant. Sent up for Concurrence. A Petition of Samuel Sewall in the Name & behalf of the Truflees, of Gov- ernour Hopkins his Legacy, prefented to the Houfe and Read, praying. That leave may be given to the faid Truftees to Purchafe of the Natick Indians, a certain Trait of Land belonging to them, called Maguncoog, which they would do with the faid Legacy, Defigning to commit the purchafe-confideration to Truflees, to be Im- proved for the benefit of the faid Indians, in their more regular Settlement, & civil Cohabitation, &ff. Committed. The Plat of Five Hundred Acres of Land, laid out for Richard HollingfwortK s Grant, which was accepted & confirm'd the 4/A day of laft Novemb. & fent up to the Board for Concurrence : not being pafs'd upon there, but miflaid & not to be found. Another Plat of the fame Dimenfions, prefented to the Houfe, and the fame Vote pafs'd thereon as on the former, viz.
A Plat of Five Hundred Acres of Land laid out by William Ward Surveyor, offered by Mr. Samuel Prince for Confirmation.
Ordered, That the Plat on the other fide be allowed and confirmed as the Five Hundred Acres of Land Granted by this Court to Richard Hollingfworth, Anno 1673. If that Grant has not been laid out aforefaid, and this Plat does not Interfere with any prior Grant. Sent up for Concurrence.
Whereas this Houfe have Credible Intelligence that His Excellency Col. Elizeus Bur- gefs is Commiffioned by His Majefty to be Governour of this His Majefiy's Province, and may in a few Weeks be Expelled to Arrive here.
Ordered, That Mr. Speaker, the Reprefentatives of the Town oi Bojlon, and Col. 'Thaxter, be a Committee to provide a fuitable Place for His Excellency's prefent Reception, and Entertainment when he fhall Arrive, and to Invite him thereto; and Compliment His Excellency in the Name of this Houfe upon his fafe Arrival.
A
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A Petition of Zebediah Wheeler, Richard Whitney, and Stephen Farr, in behalf of the Town of Stow, prefented to the Houfe and Read, praying this Court to give Order for the Running and Setting of the Line between the faid Town & the Town of Concord, which the faid Towns cannot agree in amongft themfelves.
In anfwer to the faid Petition.
Ordered, That Capt. Joftah Conver/e, Mr. John Stemes, and Mr. John Houghton, be a Committee to Inveftigate & Settle the Bound Marks between the Towns of Stow and Concord (if the faid Towns do not agree therein themfelves by the laft Day of Novemb. next) and make Report to this Court of their doings, and of their Opinion by whom of Right the charge of the faid Committee ought to be born. Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
ittercurii 15 Me.^wnii 171 5.
APropofal of his Honour the Lieut. Governour Toiler,'.. Commander of His Majefty's Caftle William, was prefented to the Houfe and Read, Moving that a Coat and pair of Breeches, of Fifteen Shillings value lying in the Publick Stores, may be given to each of the Inlifted Souldiers, at the faid Caftle, for Reafons therein Affigned.
Ordered, That the Allowance propofed by his Honour the Lieut. Governour of a Coat and pair of Breeches, to each One of the Inlifted Souldiers at Caftle William be Granted. Sent up for Concurrence.
The Petition of Samuel Sewall, praying as entred Yefterday, Read again, and the Report of the Committee thereon, which was accepted by the Houfe, & accordingly.
Ordered, That the prayer of the Petition be Granted, the Pious Intention pro- pofed therein being very acceptable to this Court. Sent up for Concurrence.
An Account of the /ever al Dayes that each of the Honourable Gentlemen of the Council, gave their Attendance, to Exercife the Power of the Governour fff Council, when the General Court was not Sitting, from the loth Day of July 1701. to the nth Day of June 1702. which was from the Death of Lieut. Governour Stoughton, to the Arrival of His Excel- lency Governour Dudley. Read and
Refolved, That Five Shillings per Day be allowed and Paid out of the Publick Treafury for each Day the Gentlemen of the Honourable Council attended to Exer- cife the Power of the Governour and Council, as on the other fide, to each One of them (or fuch who legally Reprefent them) the Sum annexed to their Name; The whole Amounting to the Sum of Two Hundred Thirty-five Pounds and Five Shillings. Sent up for Concurrence.
An Account of the /ever al Dayes, that each of the Honourable Gentlemen of the Council, gave their Attendance, to Exercife the Governour & Councils Power, when the General Court was not Sitting, after the Expiration of Six Months, from the Demi/e of ^een ANNE, till the Arrival of His Majejiys Proclamation for the Continuance of Officers, viz from Feb. 4//;. to March 21. 17 14. Read and
Refolved, That Five Shillings per Day be Allowed and Paid out of the Publick Treafury for each Day the Gentlemen of the Honourable Council Attended to Exercife the Power of the Governour and Council, as on the other fide, to each One of them (or fuch who legally Reprefent them) the Sum annexed to their Name; The whole Amounting to the Sum of Fifty Eight Pounds and Five Shillings. Sent up for Concurrence.
The Bill Intituled, An Ail for the morefafe keeping the Regijlry of Deeds, and Con- veyances of Lands. Read a 2d & a 3 time.
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A
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A Plat of Three Hundred Acres of Land laid out by j^ohn Gardner Surveyor, under Oath, and the Chain-men under Oath, on yune 7th 17 15. being a Grant formerly made to Marfhal General Mitchel/on, prefented to the Houfe for Confirmation.
Ordered, That the Plat on the other fide be Allowed & Confirmed, as the Three Hundred Acres of Land formerly Granted to Marflial General Edward Mitchel/on, provided it Intrench upon no prior Grant. Sent up for Concurrence.
A Plat of Three Hundred and Seventeen Acres, and Sixty Poles of Land taken by John Gardner Surveyor, and Chain-men under Oath, and offered as the remaining Part of the Right of John Higginfon Efq ; (the whole being Four Hundred & Sixty Acres) prefented to the Houfe for Allowance.
And the following Vote pafs'd thereon, vix.
This Plat being laid before the Houfe and Infpeded.
Ordered, That the Land therein Defcribed and Platted, be Confirmed to the Honourable John Higginfon Efq; Provided it Intrench upon no prior Grant. Sent up for Concurrence.
Poll Jttmtiieiit.
The Petition of John Whipple and Mathew Whipple, praying as entred the firft Currant, upon which a Hearing has been this SefTion, fent down from the Board, pafs'd upon there, viz. In Council June 14th 1715. Ordered, That the confidera- tion of this Petition be deferr'd till next October Seffion ; and that in the mean time the Petitioners make their Application to the Town of Ipfwich, [for relief in the Premi/fes^
Sent down for Concurrence.
Read and Concurr'd with this amendment, viz. The words [/or relief in the Premijfes] to be left out, and the following words to be added, viz. And joyn with them in Settling the Partition Line between them ; That a further confideration of this Petition may then be had.
A MeflTage from the Board, That the Council have confidered the Motion of this Houfe to proceed to the choice of an Attorney General. And do not fee caufe to agree to it.
Ordered, That Capt. Noyes, Mr. Cooke, Capt. Chambers, Capt. Cawley, Major Brad- ford, Mr. Samuel Clap, and Capt. 0/good, Go up to the Council, and Defire, If it may be that this Houfe may know the reafons that Induce that Honourable Board to Refufe joyning with them in the choice of that Officer, which the Houfe efteem to be a Privilege belonging to this Court.
Who Return' d. That they had Delivered the Meffage but received no anfwer.
A Draught of a Letter from His Excellency the Governour in the Name of this Court, to the Governours of the Neighbouring Governments, Intimating the great Mifchief that may probably accrue to thefe His Majefty's Provinces, by permitting the Indian Captives from Carolina, to be Imported, and Sold amongft them ; which is therefore by a Law ftridlly forbidden in this Province. Read & approved, and fent up again with a Meflage, That His Excellency be defired to Write to the faid Governours that fome Perfons may be appointed here to Exchange the Torn and Unferviceable Bills of thofe Governments.
A Petition of William Spooner, John Delano, Caleb Black-well, in behalf of them- felves and Others the Inhabitants of the Town oi Dartmouth, prefented to the Houfe and Read, praying that Twenty Pounds may be Allowed out of the Publick Treafury towards the Maintenance of their Miniller for this Year, for Reafons therein alledged.
Refolved, That the Sum of Twenty Pounds be Allowed and Paid out of the Pub- lick Treafury, towards the Maintenance of the Miniftry in the Town of Dartmouth, for the Year enfuing. Sent up for Concurrence.
A
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A Meffage from the Board, Moving that the Salary for the Treafurer's Service the laft Year be Granted ; he being unwilling to be Sworn in order to the Service of another Year, until that is done.
A Petition of Henry Bridgham of Bojion Guardian of Sarah, and EJlher Maccarty Daughters and Co-heirs of Florence Maccarty late of Bo/ion^ deceaf'd, Inteftate, pre- fented to the Houfe and Read, praying, That he may be enabled to make Sale of the Real Eftate Divided & Affigned to the faid Minors, for Reafons therein alledged. Committed.
Ordered, That the Houfe now proceed to Apportion to the feveral Towns of the Province, the Sums they are to Pay in a Tax of the Eleven Thoufand Pounds,
The Houfe proceeded to Vote the Sum which each Town in the County o{ Suffolk fhould pay in the Tax afore-mentioned, each Town being confider'd, and their Sum Voted feparately, Opportunity being firft given to the refpedlive Reprefentatives to inform the Houfe of the State and Circumftances of their Town, and wherein they differ from what they were the laft Year.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
jfobis 1 6 tiic Junii 171 5,
'TT^He Houfe proceeded to Vote the Sum which each of the Towns in the Coun- •*• ties of Effex, Middlefex, and Hampjkire, fhould pay in a Tax of Eleven Thoufand Pounds, in manner as aforefaid.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
OtntxxQ 17 tite Junii 171$*
A Bill Intituled, An A SI for Building and Maintaining a Light-houfe upon the Great ■*^ Brewjler, called Beacon IJland, at the Entrance of the Harbour of BoJlon. Read a firfl time. The Petition of Henry Bridgham, praying as entred the 15M Currant, further confidered, and the Report of the Committee thereon, which was accepted by the Houfe, and accordingly.
Ordered, That the prayer of the faid Petition be Granted.
Sent up for Concurrence. A Bill Intituled, An AEf, in Addition to the A El for Granting unto His Maje/ly feveral Rates fcj" Duties of Impojl, and "Tunnage of Shipping. Read a 3d time, and Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence. The Houfe proceeded to Vote the Sum which each of the Towns in the Counties of Plymouth, Barnftable, Brijlol, Tork, Dukes County, and Nantucket, fhould Pay in a Tax of Eleven Thoufand Pounds, in manner as afore exprefTed.
A Meffage from the Board, That Mr. Speaker and the Houfe do now come up to the Council Chamber, to attend the Hearing appointed this Day, upon the Peti- tion of feveral Inhabitants of the Town of Wenham.
Which was forthwith done, and Mr. Speaker and the Houfe return'd to their own Chamber.
A Petition of Wigglef worth Sweet/er, and Urftlla his Wife of BoJlon, prefented to the Houfe and Read, praying. That a Surveyor may be appointed to lay out Three Hundred Acres of Land for them, which this Court allowed the laft Year, to be their Right. H Ordered,
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Ordered, that the Petitioner may Imploy a fkilful Surveyor with Chain-men under Oath, to lay out the faid Three Hundred Acres of Land, and prefent a Plat thereof to this Court for confirmation. Sent up for Concurrence.
A Petition of Mr. James T'aylor late Treafurer of this Province, praying. That the Sum of Eighty-Eight Pounds, Thirteen Shillings, and Four Pence, of the Province Bills, belonging to the Treafury, which were Stolen out of his Houfe in the laft Year of his Service in that Office, may be paid to him out of the Publick Treafury. Sent down from the Board : Read and Recommended.
Read & Debated. And the Queftion being put. Whether the prayer of the faid Petition be Granted ? It pafs'd in the Negative.
A Petition of 'Thomas Patch, &c. Selectmen of the Town of Wenham, praying as entred the \oth Currant, upon which there has been a Hearing this Day. Sent down from the Board, pafs'd upon there, viz. In Council June 17. 17 15. John Apfleton, John Higginjon, Thomas Noyes, Samuel Apfleton, and John Burrill Efqrs ; Juftices of the Peace in the County of EJfex, are appointed to hold a fpecial Seffion, in the Town of Wenham, some time in the Month of July next. If the Parties are not agreed before, (giving Notice of their coming) to Hear and Determine the Matter in Controverfy, contained in the Petition and Papers, and to make Report of their doings therein, to this Court the next Seffions ; the Town to bear the charge. Sent down for Concurrence.
Read and Concurr'd, the Seffion to be fome-time in September.
A Bill Intituled, An Adi in Addition to the A51 of Limitation, for ^ieting Pojfeffions. Read a first time.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
^tibati 18 tJtc 3^unii 1715-
A Petition of Ezekiel Bull of Rhode-Ifland, Shewing, That in an Adlion againft "^^ Aaron Mellifh, which he brought by Appeal before the Superiour Court of Judicature lately holden at Brijlol, he negledled to Seal his Reafons of Appeal, and thereupon his A6tion was difmift, and he is left without Remedy in the Law, and praying that a further Hearing may be Ordered to him. Sent down from the Board, pafs'd upon there, viz. In Council, June \6th 17 15. Read and Ordered, That a Hearing be had of the A6lion before the next Superiour Court to be holden at Brijlol, the Petitioner to Serve the adverfe Party with a Notification, fo that he may have time to make his Defence.
Sent down for Concurrence. Read and Concurr'd.
The Bill Intituled, An A£i for Building ^ Maintaining a Light-houfe upon the Great Brewjler called Beacon Ifland, at the entrance of the Harbour of Bofton. Read
a 2d time.
The Bill Intituled, An A£i in Addition to the Ail for Granting feveral Rates and Duties of Impojl, &c. Sent down from the Board with fome Amendments, which were Read and Agreed to by the Houfe: And the Bill fent up again.
The Bill Intituled, An A£l in Addition to the ASl of Limitation, for ^ieting of Pojfeffions. Read a fecond time ; and a third time.
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A Plat of Five Hundred Acres of Land laid out by John Chandler Surveyor, and One of the Chain-men under Oath, as the firfl half of One Thoufand Acres of Land, Granted to John Pynchon Efq ; deceas'd. Anno 1659. to be laid out in two Places, lying near the Weft Bounds of the Town of Brookfield, Prefented to the Houfe for Confirmation. And the following Vote pafs'd thereon, viz.
Ordered, That the Land Defcribed and Platted on the other fide, be Allowed and Confirmed as the firft half of the Grant, made to John Pynchon, Efq ; deceaFd, Anno 1659. Provided it Intrench upon no prior Grant. Sent up for Concurrence.
A
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A Plat containing the Quantity of Eight Miles Square of Land (Four Miles Square, belonging to the Indians of Haffanamifca being part thereof) Prefented to the Houfe for Allowance and Confirmation, by the Proprietors of the Townfhip of Sutton. And the following Vote pafs'd thereon, viz.
Ordered^ That the Land Defcribed and Platted on the other fide, be Allowed, and Confirmed to the Proprietors of the Townfhip of Sutton, Provided it Intrench upon no former Grant. Sent up for Concurrence.
The Petition of Richard Coomes and Hephzibah his Wife, upon which there has been a Hearing this Seflion, Sent down from the Board, for this Houfe to proceed upon firft. Read and Committed, and
Ordered, That Mr. Cooke be joyned with the Committee for Petitions in the Confideration of the faid Petition.
The Petition of Mary Cole, praying as entred the 7/A Inftant. Sent down from the Board, pafs'd upon there, viz. In Council, June i6. 17 15. Read and Referr'd to the Superiour Court. Sent down for Concurrence. Read & Concurr'd.
Capt. Noyes from the Committee for Petitions, made Report on the Petition of Richard Coomes, which was accepted by the Houfe, and accordingly.
Voted, That the Petitioners ought to have the Equity of Redemption, in as much as the Mortgage made to Florence Maccarty, by Jojeph Newel the Father of the Peti- tioners, was not Recorded until April -jth 17 14, by reafon whereof they were De- feated of the benefit of An Aft Intituled, An A^ for Hearing and Determining of Cafes in Equity, Made and pafs'd in the Tenth of William the Third, &?f.
And that they be Impowered to file a Bill for their Right, or Equity of Redemp- tion in the next Court or Courts of Law, proper to hear the fame. Sent up for Concurrence.
The Bill Intituled, An A£l in Addition to the A SI for EreSfing a Powder-houfe in Bofton. Sent down from the Board Concurr'd, with fome Amendments ; to which they Defire the Concurrence of this Houfe. Read & Concurr'd, and Sent up.
Ordered, That Mr. Cooke, Capt. Noyce, and Mr. Epps, Go up to the Council, and Acquaint them, That Whereas this Houfe have preffingly moved that Honourable Board to joyn with them in the Election of an Attorney General; which they had notfeen cau/e to do. And Dejired to be Informed of the Reafons that Inclined them to refufe joyning with the Houfe in fo great a Privilege ; but had not been favour' d with an an/wer to that their Defire. "This Houfe therefore being flill deftrous to do all that is proper for them to Pre- ferve the Privilege of that choice : Purpofe to Proceed thereto on Monday next, and Repeat their Motion to the Board to joyn with them in it.
The Petition of Jonathan Hafiings, praying, as entred the 7/A Currant. Sent down from the Board, pafs'd on there, viz. In Council June 18. 1715.
Ordered, That a Hearing be had of the faid Aftions at the next Superiour Court to be holden at Cambridge, for the County oi Middlefex ; as though the fame properly lay before that Court by Appeal : The Petitioner to give the adverfe Party timely Notice thereof Sent down for Concurrence. Read and Concurr'd.
A Meflage from the Board, Moving the Houfe to bring forward the moft necef- fary bufinefs of the Seflion, that the Court may Rife. And to Grant a Salary to the Treafurer, for his laft Years Service : Who ftill declines being Sworn again to that office, until it is done. '
And then the Houfe Adjourn'd till Monday next Three a Clock afternoon.
%unu
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ItvLXiM 20 tiu luttti 171 5.
A Petition of the Heirs of Mr. John Haynes of Sudbury, praying as entred the ■^^ 2d Currant, further confidered, and In Anfwer to the faid Petition.
Ordered, That the Petitioners may take a Plat of the Land mention'd in their Petition by a Sworn Skilful Surveyor, and Chain-men under Oath, at their own charge, and lay it before this Court for confirmation. Sent up for Concurrence.
A Petition of feveral Inhabitants of the Town of Freetown, prefented to the Houfe and Read, praying Affiftance towards the Maintaining of a Miniftry there.
Rejolved, That the Sum of Twenty Pounds Allowed out of the Publick Treafury towards the Maintenance of the Miniftry in the Town of Freetown the laft Year, but not drawn out; they not being fupplied with a Minifter.
Be Allowed for that end in the Year Currant : provided they Procure, and En- tertain a Minifter this Year. Sent up for Concurrence.
A Bill Intituled, An A£l in Addition to the ASi for Regulating Fees. Read a ad time.
A Meflage fent to the Board, to Inquire whether His Excellency had confented to the whole of the Vote of this Houfe, pafs'd the 7M Currant, and Concurr'd too by the Board, relating to the Settling of the Eajlern Parts of this Province, excepting the claufe concerning Ca/co Fort?
Anfwer was return' d, That His Excellency faid. He did confent to all but that of flighting Cafco Fort.
The Houfe prepared their Votes for an Attorney General; and fent them up to the Board by Capt. Noyes, Mr. Cooke, and Mr. Remington, with a Meflage Defiring the Council to joyn with the Houfe in the choice of that Officer, and to tender their Votes to be told at the Board : But if they declin'd it, to Acquaint them. That this Houfe could not foregoe their Privilege, and therefore fliould think it proper to Examine their own Votes: And Report the choice made by them.
The faid Members return'd. That the Board faid, They had come to no Determi- nation in the affair.
The Houfe proceeded to Examine their Votes, and it was found that "Thomas Newton Efq ; was chofen by a major Part of the Voters.
And the Members laft named went up again to the Board, and Reported the choice which was made.
The following Vote fent down from the Board, viz. In Council June 10th 17 15. Ordered, That the Honourable William Tailer Efq ; Lieut. Governour, Wait Win- throp, Elijha Cooke, Eli/ha Hutchinfon, Samuel Sewall, & Eliakim Hutchinfon Efqrs. be a Committee, with fuch as the Reprefentatives fliall joyn with them, to take Order for a Place for the Reception of the Governour, upon his Arrival, which is fpeedily to be Expedted. Sent down for Concurrence. Read.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
ittartt0 21 iic jfunii ly^S*
A Lift of the Sums which the feveral Towns of the Province are Voted to Pay, in the Tax of Eleven Thoufand Pounds. Read and
Ordered, That the feveral Towns Pay the Sums refpe6lively annexed to them, in the Subfequent Lift in the Tax to be Levyed this Seffion, and that a Bill be drawn accordingly. Sent up for Concurrence.
The
[33]
The Bill Intituled, An A 51 for Building & Maintaining a Light-hou/e upon the Great Brewjier called Beacon Ifland, at the entrance of the Harbour of Bofton. Read a jd time, and
Refolved, That the Bill do pafs'd to be engrofs'd. Sent up for Concurrence.
A Petition of Richard Peebody of Boxford Guardian to Olive Peebody, a Minor, prefented to the Houfe and Read, praying. That he may be Impowered to make Sale of Sixty Acres of Land belonging to the faid Minor, to raife Money neceflary for his Education.
And the Queftion being put. Whether the prayer of the Petition be granted ? It pafs'd in the Negative.
A Bill Intituled, An A5f in Addition to an ASffor Regulating Fees. Read a 3d time, and
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A Petition of Isaac JVoono, and Joshua Shauton, Indians, Agents for Ketteticut, an Indian Town, praying. That the faid Town may be ordered to lie to the County of Brijlol. Be relieved from fundry Encroachments made upon them by the Englilh ; particularly, Mr. Mitchel. And have fome further Powers granted to them neceffary in their Townfhip. Sent down from the Board, pafs'd on there, viz. In Council June 18/A 17 1 5. Read and Referred to the next Seflions of this Court in O£lober next; and that Mr. Mitchel and the Seleft-men of Bridgewater, be Notified thereof. Sent down for Concurrence.
The Vote of the Board fent down and entred Yefterday for a Committee to take Order for a Place for the Reception of the Governour, when he fhall Arrive. Read and
Non-Concurr'd, Inafmuch as Matters of charge ought to Originate in this Houfe. And this Houfe have a Week fince, appointed a Committee to provide for His Ex- cellency's Reception, when he fhall Arrive, who have already proceeded in the Affair. Sent up.
A Petition of Simeon Stoddard, and One Hundred and Eighty-Eight Others In- habitants of the Town of BoJloHy &c. Prefented to the Houfe and Read, praying this Court to provide a Medium of Exchange in Trade, for want whereof the Trade of this Province is almoft ruin'd.
Ordered, That the Confideration of the faid Petition be referr'd to the next SelTion.
A MefTage from His Excellency, That if the Houfe have anything of neceffity to be done, they fhould bring it forward prefently, for His Excellency had Deter- min'd upon a fhort Prorogation.
The Bill Intituled, An A6lfor the more fafe keeping the Regijlry of Deeds, and Con- veyances of Lands. Sent down from the Board Concurr'd with fome Amendments ; which Amendments were Read, and agreed to by the Houfe. And the Bill fent up.
Ordered, That a MefTage be fent up to the Board by Capt. Noyes, Capt. Fulham, Major Bradford, Mr. Lothrop, Mr. Par/ons, Capt. Ofgood, and Capt. South-worth, that there are feveral Bills of Publick Importance and Benefit, that have fome of them pafs'd through both Houfes; others that have had Readings in them, which the Houfe are Defirous to Perfeft before they are Prorogu'd. And that the faid Members prefent and leave a Lift of them before His Excellency.
But as this MefTage was going up a MefTage came down from the Board, That Mr. Speaker and the Houfe do now attend His Excellency in the Council Chamber.
The faid Members went up with the afore-written MefTage, and particularly, Laid before His Excellency the great Importance of the Bills for Impoft and Excife.
1 An
[3+]
An Engrofs'd Bill Intituled, An All for the better Pre/erving, Increafing and Secur- ing Naval Stores ; Particularly y Tar, Turpentine, and Rozin, within this Province. Read, and Re/olved, That the Bill do pafs to be Enafted.
Ordered, That Worcejler Petition be referr'd to the next Seflion.
Mr. Speaker, and the Houfe went up to the Council Chamber, and His Excel- lency Prorogu'd the Court to Wedne/day the loth Day of July next, at Ten a Clock in the fore-noon.
^he Representatives returning to their own Chamber, and taking into Confideration His Excellency's Speech, directed to the Court, before he Declared the Prorogation : — Importing, That it was almojl a Month fince the beginning of the Seffions, and that they had done little or nothing for the good of the Province, and that the Hou/es were dijiempered, and therefore he fhould Raife them by afhort Prorogation, hoping they would come together in a better Temper : — Did therefore Unanimoufly Agree and Conclude to Print their Journal of the prefent Seffions, and Defired the Repre/entatives of Bofton to take care that the fame might be Seajonably done; and the Clerk to prepare a Copy accordingly.
BOSTON : Printed by B. Green. Sold by Samuel Gerrifh at his Shop on the North fide of King Street, near the Town Houfe. 17 15.
[35] Anno Regni Regis GEO RG II nunc Magnae Britanniae,^. Primo.
JOURNAL
Of the Houfe of
Reprefentatives.
At a Great and General Court or Affembly of His Majefty's Province of the Maffachufetts-Bay in jBteto^CnglaUtl^ begun &: held at BoflOll* upon Wednefday the 25th Day of ;^a?> ^HtlO ©OtlTini* i 7 i 5- And continued by Prorogation to Wednefday the 20th Day of July next after, and then Met.
R. Speaker, fent up a Meflage to the Board, by Mr. John Stems, That a Quorum of the Houfe are met, and ready to proceed upon
the bufinefs of the Sefllon.
A Meflage from His Excellency by Thomas Hutchin/on Efq ; That Mr. Speaker and the whole Houfe forthwith attend him in the Council Chamber.
Mr. Speaker and the Houfe went up accordingly, and His Excellency made a Speech to the Court, whereof Mr. Speaker obtain'd a Copy, and with the Houfe return'd to their own Chamber.
His Excellency's Speech, Read, and is as follows, viz. GENTLEMEN
At the Lajl SeJJions of this AJfemhly I earnejlly recommended to you the Raifing of 22000I. Granted i£ Determined by two former Ajfemblies of the Province, for the Draw- ing in of that Sum of the Province Bills, Rai/ed & Emitted for the Support of the late War, and Troubles with the Indians ; which faid A6ls of Affembly were Pajfed ; by the Repre- fentatives, and the Council of the Province, and Prefented to the Governour to be Signd, y Pafsd by the Seal in due manner and accordingly in that Form, were fent home, and are there of Record, and Accepted by the Right Honourable the Lords of the Council of "Trade fsf Plantations, as I was commanded by the InJlruMions for the Government, of which every body Concerned, being apprized, I made no doubt you would without any Delay have Pro- ceeded to Apportion, and Levy it as thofe A£fs Dire6i ; as vlfo the Impoji £3* Excife, which is thereby in like manner Determined, to be Raifed in Aid, of the faid Taxes feverally ; Tou are allfenjible how well &* thriftily, as well as fuccefsfully thofe Sums were Disbur/ed, and applyed to Defray the neceffary Expenses of the War, and with what Honour your Bills Pajfed for the Support of thofe heavy Charges, without any Difparagement : And its as ea/y to fee how the Credit of thofe Bills, muji needs Jink ^ fail, if the prefent or any future AJfembly,Jhall upon any Pretence whatfoever, break in upon thofe Claufes in the faid ASis, for the time of Payment, which I am willing to give my Opinion, We have no Power to do. Nor if we had, any reafon at prefent to ProjeSi it, for that we are in Peace, and very capable to Difcharge our Debts, in fuch Proportion as they are Determined, and Jince we have neither Power, nor need to delay the Payment, I am of Opinion we fhall Dif- parage the Publick Faith of the Province, to that Degree that our Bills will fail in their Value, to the very great Injury of every Body that have taken them, or are in PoJfeJJion of them; and in this we are jujlified by His Majejiys Mofl Gracious Speech from the Throne, " That nothing can Contribute more to the Support of the Credit of the Nation, than aflri^ '■^ Obfervance of Parliamentary Engagements. K /
[36]
I therefore earnejlly Recommend the Confideration of the Tax, Impojl and Excife to your prefent Refolves, and hope you will make no Delay but pafs through them, in two or three Dayes, not admitting of any other buftnefs this Seffion.
You will alfo Remember, That the Treafurers Support in his Office, is not provided for, and others in Office at Home or Foreign depending on your Jujlice, and refpeSf to them in fuch manner, as has been ufual ; which being done, I Jhall not further Delay your own Buftnefs, which Demand your being at home.
I Jhall Account my f elf happy to fee thefe Affairs well agree d, and there Jhall be noth- ing wanting on my Part for His Majejlys Service, the Honour of the Government, and the benefit of all His Majejlies good SubjeSls concern' d herein.
J. DUDLEY
A Bill Intituled, An A£l in Addition to an A£i for Regulating of Fees. Read \ firft and a fecond time.
A Bill Intituled, An AH in Addition to an A£l for Ere6ling a Powder-hou/e in Bofton.
Read a firft and a fecond time.
A Bill Intituled, An A^ for the more f of e keeping the Regijlry of Deeds ^ Convey- ances of Lands. Read a firft and a fecond time.
A Bill Intituled, An Ait in Addition to an Act of Limitation, for ^ieting of Pof- Jeffions. Read a firft and a fecond time.
A Bill Intituled, An A 81 for Building &? Maintaining a Light-houfe upon the Great Brewjier, called Beacon Ifland, at the entrance of the Harbour o/" Bofton. Read a firft and a fecond time.
Mr. Gerfhom Hall return'd Reprefentative of the Town of Harwich, who was not prefent at the laft Seflion, now appeared. And made his Excufe to the Houfe for his Abfence the laft Seflion.
Ordered, That his Excufe be accepted, and that he go up to the Board to be qualified by talcing the Oaths, ^c.
Some Letters advifing that the Cape Sables Indians had taken fome Fiftiing Veffels belonging to the Inhabitants of this Province; Sent down from the Board & Read. And the Governours Orders to Capt. Cayley Commander of His Majefties Ship the Rofe Man of War, to take on board & tranfport Col. Edmund Goffe, and Capt. Cyprian Southack, Commiflioners appointed to Treat with the faid Indians, and know the reafons of their Infulting the Fiftiery, and Taking the Veffels, and Demand their Reftoration; and to Conciliate and Eftablifli Friendftiip with the faid Indians. Read.
A Petition oi Archibald Stobo, a Minifter of the Gofpel, lately arriv'd from Caro- lina, Driven from his Habitation there by the Hoftility of the Indians, prefented to the Houfe & Read, praying that the Duty upon Eleven Negro Women and Chil- dren by him Imported, may be abated.
A Meflage from the Board by Andrew Belcher Efq ; That Capt. Southack being fick. Col. Higgin/on & Col. Goffe are appointed Commiflioners to go and Treat with the Cape Sables Indians. And His Excellency & Council defire the Clerk of this Houfe may be fpared to go with them, and afllft in that Service, being acquainted with the Treaties that have been with the Indians.
A Meflage fent up to the Board by Mr. William Paine, That the Houfe (as his Excellency in his Speech to the Court Direfts) are defirous to Difpatch the bufinefs of the Seflion as fpeedily as poffible, & therefore can by no means fpare their Clerk.
His Excellency's Speech Read again, and that Paragraph thereof which relates to the Levying of 22000I. this Year, long debated, and a Refolution formed.
In Confideration that the 'Trade of this Province, is greatly Ob/lrulfed, &" funk by the Exportation of the Coin, and for want of a Medium of Exchange, ^c. the only Medium
now
[37]
nowpajfing in Trade, is the Bills of Publick Credit, which are fo far drawn in already, that by reafon thereof the Inhabitants of this Province, will labour under great Difficulty to pay the Tax of Twenty two Thoufand Pounds, granted to be raifed this Year within the fame. And Conftdering, That no Damage will accrue to the Publick, or to private Persons^ the Pojfejfors of the Bills : {this Court having abundantly fecured the Credit of the Bills by making them a legal Tender) but Conveniency, and Advantage to both by Protraliing the Payment, of part of the faid Tax to a further Convenient time.
Voted, That Eleven Thoufand Pounds only of the faid Sum, be Levied and Col- leded this prefent Year, and that the Import and Excife be a Fund & Security for drawing in the Sum of Four Thoufand Pounds more thereof.
And that the remaining Sum of Seven Thoufand Pounds be Levied at the Seffion of this Court in May, 1722, and paid into the Treafury by the lad Day of December next after. Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
JoUis 21 tic 3wlu 'i^l'^s-
A Bill Intituled, An All for Granting to His Majejly feveral Rates 6f Duties of Im- "^^ poji ^ Tunnage of Shipping. Read a firft and a fecond time.
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
Ordered, That Mr. Paine, Mr. Remington, Col. Thaxter, Mr. Balch, and Capt. Cawley, Go up to the Board, and acquaint his Excellency, That this Houfe defire to be Informed, Whether His Excellency has confented to the feveral Publick and Private Bills, pafs'd by both Houses at the laft Seffion. And what fteps have been fince taken for the Repair of the Fort at Brunfwick near Pejepfcut Falls? Who Re- turn'd. That His Excellency had confented to the feveral Bills, but His Excellency had ftill under confideration the Vote on the Petition of Richard Coomes. And that nothing was yet done to the Repairing of the Fort at Brunfwick.
A Bill Intituled, An A£l for Building l£ Maintaining a Light-houfe upon the Great Brewjler {called Beacon Ifland) at the Entrance of the Harbour ©/"Bofton. Read a third time, and
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A Bill Intituled, An A51 in Addition to an A5i for Regulating Fees. Read a third time, and
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A Bill Intituled, An A£l in Addition to an A^ for Freeing of a Powder-houfe in Bofton. Read a third time, and
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A Bill Intituled, An AEl in Addition to an A£l of Limitation, for ^ieting Pojfefftons. Read a third time, and
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
A Bill Intituled, An A£l for the more fafe-keeping the Regi/lry of Deeds &" Convey- ances of Lands. Read a third time, and
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
?oil ittcrtttem*
The Petition of Archibald Stobo, praying as entred Yefterday. Read again, and Ordered, That the prayer of the Petition be Granted. Sent up for Concurrence. A Bill Intituled, An A £1 granting to his Majejly an Excife upon Wines, Liquors and o{her Strong Drink, Sold by Retail. Read a firft and fecond time.
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
Whereas
[38]
Whereas the Subjeds of the French King are vigoroufly carrying on a very con- fiderable Settlement at Cape Breton, which muft neceflarily demand large Supplies, of Provifions, Timber, Plank Boards, Nails, i^c. for the well efFe<aing thereof. And inafmuch as there are juft Grounds to believe that fome evil Minded Perfons, in this as well as in the Province oi New-Hampjhire, in manifeft contempt of the Fifth & Sixth Articles of a Treaty for a Neutrality, in America, between England and France, made at Whitehall the 6th of November, 1686. wherein it is Inferted, in the Fifth Article of the aforefaid Treaty, " That if any Ship or Veffel ftiall be found " Trading or Fifliing, contrary to the Tenour of the aforefaid Treaty, the faid Ship " or Veffel with its Loading, proof being made thereof, fhall be Confifcated. Which Articles were lately fent from the Secretary of State to this Government, for their Obfervation thereof, and Printed & Publifhed here. As alfo a Proclamation againft a Commerce & Trade, with the French of Canada, Cape Breton, &c. Iffued forth by Order of the Governour, with the Advice of the Council the 3d Day of January laft paft, and one other of the fame Import, on the 29th Day of March laft paft, for the Lucre of gain have from time to time furnifhed the French at Cape Breton, with Live Cattel, Pork, Corn, Lumber, and other things, without which the aforefaid Settlement would have been very much Retarded, if not wholly Defeated.
Wherefore Rejolved, That a Meffage be fent up to His Excellency the Governour to defire that he would be pleafed to Order Capt. Cayley in His Majefty's Ship Rofe after he has accompliftied his intended Cruife to the Eajiward, forthwith to proceed to Cape Breton, and there to Cruife as long as the Seafon will allow ; to prevent the aforefaid clandeftine Trade, which will be of great Service & Honour to the Crown: But if not timely done, may prove very injurious to this Province, with refpe(5l to the Fifhery, which at all times deferves a very great Regard. And that the Com- miffioner be Inftruded to proceed to Cape Breton, and acquaint the Chief Officer there of the Infults & Captions, made by the Indians & French amongft the Fifhery, on the Coaft of Nova Scotia, which the Indians do affirm was by the Inftigation of the French at Cape Breton, from whom they have received great Prefents ; which is a manifeft Breach of the Peace concluded between Her late Majefty, and the Moft Chriftian King; and that this Government accordingly reprefent the fame to His Majefty.
The Petition of Samuel Sewall Efq ; pafs'd upon in this Houfe the laft Seflion. Brought down from the Board, not having been pafs'd upon there. Read again,
and the Vote of this Houfe thereon, and
Ordered, That the faid Vote be Revived, and fent up for Concurrence.
A Plat of Seven Hundred Acres of Land, laid out by John Gardner, Surveyor, and the Chain-men under Oath, for John & Nathanael Higginfon, purfuant to the Order of this Court at their laft Seflion. Prefented to the Houfe for Confirmation.
Ordered, That the Land laid out and protrafted in the faid Plat be confirmed as the Seven Hundred Acres formerly Granted to the late Reverend Mr. John Higginjon: provided it Intrench not upon any former grant. Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
C^enms 22 tiie j^ulii 171 5.
'nr^He Precept laft fent to the Town of Rochejler, Return'd into the Houfe, and ■*■ Mr. Samuel Prince their Reprefentative ; who appear'd : And went up to the Board to be qualified by taking the Oaths, ^c.
A Letter from Major John Jencks of Providence, Moving that the Line between this Government and that of Rhode-IJland, may not be Settled, according to the laft agreement of the Commiflioners for that end. Read.
A
[39]
A Report of Eliakitn Hutchin/on, &c. the Committee appointed the laft Year to count & burn unferviceable Bills in the Treafury, Dated January 24. 1714. Read. Signifying, That they had then counted & burnt the Sum of 14427/. 4J. of the faid Bills. 2589/. 9J. gd. thereof being part of the 40000/. Loan received into the Treafury, the remaining 11 837/. 14J. 3</. thereof being fuch as were Exchang'd.
Ordered, That the Treafurer be Difcharged of the faid Bills, which the Committee Report on the other fide they have feen burnt to allies. Sent up for Concurrence.
A Report of the Committee laft mentioned, Dated March 24. 1714 Read. Shewing, That they then had counted & burnt of Bills received in exchange /. 6000 00 o
Of Province Neat Bills ^5638 12 i
Receiv'd into the Treafury with 5 /^ C«»/. advance, is 781 18 7
/.22410 10 8
Ordered, That the Treafurer be Difcharged of the Bills, which the Committee report on the other fide they have feen burnt to aflies. It being agreeable to the Treafurers General Accompts, pafs'd by this Court at their Seflion in May laft, fo far as relates to them. Sent up for Concurrence.
A further Report of the Committee laft mentioned. Dated May 19. 17 15. Read. Shewing, That they had then counted & burnt, 7953/. 5J. 7^. of the faid Bills of Publick Credit, that were receiv'd in Exchange as not fit to pafs any longer.
Ordered, That the Treafurer be Difcharged of the Bills which the Committee report on the other fide, they have feen burnt to afhes. Sent up for Concurrence.
A Petition of Peter Roe, James Tounglove, John Burbank & Jacob Adams jun. Seleftmen of the Town of Suffield, prefented to the Houfe & Read, Shewing, That purfuant to the Order of this Court at their laft Seflion, the faid Town had a Meet- ing and chofe Town Officers, but that John Aujlan, Clerk of the faid Town the laft Year, detain's and refufes to Deliver the Town Book to the Town Clerk chofen for this Year, which creates confufion in the affairs of the Town. Praying Remedy.
Refohed, That John Aujlan the late Town Clerk of Suffield, be preremptorily required to deliver the Town Books & Records to Jojeph Winchel, the perfon laft chofen and Sworn to be Clerk of the faid Town, upon the Penalty of paying Ten Pounds per Week, for the ufe of the County of Hamp/hire, for every Week he con- tinues to detain them, after the faid Winchel makes demand thereof. Sent up for Concurrence.
The Vote of this Houfe pafs'd the 20th Currant for a Tax of 1 1000/. only to be raifed this Year. Sent down from the Board, pafs'd on there, viz. In Council July 21. 1715. Read and Non-concurr'd.
Ordered, That the faid Vote be Infifted on, and fent up.
A Petition oi Zechariah Tuthill Lieut. & Matter Gunner, of His Majefty's Caftle William, prefented to the Houfe & Read, praying. That Arrears of Wages due to him may be paid; as fet forth in the Petition.
Ordered, That the faid Petition be refcrr'd to the next Seflion for further Confideration.
A Petition of Mary Haddrell, and Magdalene Beauchamp, lately arrived from Carolina, being driven from their Livings there by the Incurfions of the Indians, prefented to the Houfe & Read, praying. That the Duty on Eight Negro Slaves belonging to them here Imported, may be abated.
Refohed, That the prayer of the Petition be granted. Sent up for Concurrence.
A Meflage from the Board by John Higgin/on, Andrew Belcher, John Cujhing, and Addington Davenport Efqrs ; Moving, That in the Bill for the Ere<5ling & Maintain- ing a Light-houfe, i£c. the Veflels belonging to the Province of New-Hampjhire, may be inferted among thofe that are to be accounted Coafters.
The Queftion being put, Whether the Houfe agree to thejaid Amendment?
It pafs'd in the Negative. L A
[ 40 ]
A Meffage was fent up to the Board to acquaint them with the faid Vote.
A Petition of James Minot, and Sixty feven others, prefented to the Houfe and Read, praying, That a Traft of Land of Eight Miles fquare, lying on the Wefterly and Northerly fides of Brookfield, may be granted to them and made a Townfhip, and that they may have leave to purchafe the Indian Title thereof.
Ordered, That the faid Petition be referr'd to the next Seflion, for further confideration.
foil iEeribieitt.
Whereas this Court have ordered the Calling in &" Exchanging of fever al of the Denomi- nations of the Bills 0/ Pub lick Credit on this Province ; and many of the Bills that are paid into the "Treafury are 'Torn &' Defac'd which can be of no ufe, but fome hazard to lodge long in the Treafury.
Ordered, That the Reprefentatives of the Town of Bo/ion, Capt. Chambers, & Mr. Denifon with fuch as the Honourable Board fhall Nominate, be a Committee, at any time (between this Seflion & the Seffion of this Court in May next) when the Treafurer fhall have Two Thou/and Pounds, or more of Bills in the Treafury, that are received in Exchange, as aforefaid, or otherwife defac'd, and unfit for ufe, at his application to them, to take an account of the Number of each of the forts of the faid Bills, and the Sum the whole amounts to, and give the Treafurer Receipt for them ; and burn the faid Bills to aflies, and make report of their doings to this Court, as often as there fliall be opportunity, whofe Receipt fhall be a Difcharge to the Treafurer equal to what the faid Bills would have been, if they had continued in his hands. Sent up for Concurrence.
A Petition oi Amos Merrel of Bojion, prefented to the Houfe & Read, praying, That the Taile upon the Land defcended to him from his late Father Jeremy Merrel, may be cut oflFfor reafons therein mentioned.
Ordered, That the faid Petition be Referr'd to the next Seflion, for further confideration.
A Petition of William Manley Sen. and fifteen others. Inhabitants of the Tra6t of Land commonly called Taunton North Purchafe; prefented to the Houfe & Read, praying. That they may be form'd into a Townfhip, for reafons therein mentioned.
Ordered, That the faid Petition be Referr'd to the next Seflion, for further confideration.
Refolved, That the Sum of Five Hundred Pounds be allowed and paid out of the Publick Treafury, to the Committee appointed by this Court, to Ered: a Light- houfe on Beacon Ifland 2A the Entrance of the Harbour oi Bojion, purfuant to an A6t of this Court, for a prefent supply towards carrying on of that affair, who are to keep, and render fair Accompts of their Disburfing thereof to this Court.
And the faid Committee are hereby Impowred to Treat with the Owners of the faid Ifland, and purchafe it of them, for the faid Service. Sent up for Concurrence.
A Bill Intituled, An ASi for EJiabliJhing a Rule for the Apportioning of Town 6? County AJfeJfments, for the Year Seventeen Hundred & fifteen. Read a fecond & a third time.
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
The Vote of this Houfe pafs'd the 20. Currant for the Raifing of a Tax of 1 1000/. only this Year : Sent down again from the Board, pafs'd upon there, viz. In Council July 22. 17 15. put to the Vote whether the Board do Infift on their Vote of Non-concurrence, within-mentioned, on the 21 July Currant? Pafs'd in the Affirmative.
For that the Grant of Twenty Two Thoufand Pounds mentioned in the Intro- dudlion, to the Vote of the Houfe of Reprefentatives, cannot juflly be taken away, altered, or abated by this Court.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
A
j^abbati 23 tjte ^uJii 171 5.
A Petition of Jqfeph Lord Paftor of the Church at Dorchejler in South Carolina^ ■^ ^ praying, That an Indian Girl his Servant attending upon Two of his Children, whom he has fent to this Province to avoid the Danger of the Indian Enemy, may be allowed to be Imported & Remain here for that Service, the Law of the Province to the contrary notwithftanding. Sent down from the Board pafs'd upon there, viz. In Council July 20th. 17 15. Read & Ordered, That the prayer of this Peti- tion be granted, provided the Petitioner engage, to Tranfport the Indian Girl, when his Family go from hence; and that he do not make Merchandize of her in the mean time. Sent down for Concurrence. Read & Concurr'd.
The Vote of this Houfe pafs'd the 20th currant for a Tax of iiooo/. only to be Raifed this Year, and the laft Vote of the Board thereon entred yefterday further confidered, and
Ordered, That the Vote of the Houfe be adhered to, and fent up.
An Engrofs'd Bill, Intituled, An AEl for Granting to His Majejly Jeveral Rates &f Duties of Impojl ^ Tonnage of Shipping. Read and
Refolved, That the Bill do pafs to be Ena6ted.
An Engrofs'd Bill, Intituled, An All for Building ^ Maintaining a Light-houfe upon the Great Brew/ler, called Beacon-Ifland, at the Entrance of the Harbour in Bofton. Read and
Rejolved, That the Bill do pafs to be Enaded.
An Engrofs'd Bill, Intituled, An A£l Granting to His Majejly an Excife upon fVineSy Liquors, (^ other Strong Drink, Sold by Retail. Read and
Refolved, That the Bill do pafs to be Enafted.
A Plat of One thoufand Acres of Land lying ten Miles, South-weftward of Wachujett-Hill, laid out feveral Years fince by John Haynes, Surveyor, purfuant to a Grant made Anno 1681. to the Six Youngeft Children of Major Simon JVillard, and now renewed by John Haynes, Surveyor, Son of the faid John Haynes; prefented to the Houfe by Samuel Sewall Efq ; for confirmation. And the following Vote pafs'd thereon : viz.
Ordered, That the Land contained in the Plat above Delineated, be allowed and confirmed to be the Thoufand Acres granted to the Six Youngeft Children of Major Simon Willard in the Year 1681. Sent up for Concurrence.
A Draught of a Stone Fort propofed to be EreAed at Pejepfcut Falls in Brun/wick, & a computation of the Coft, fent down from the Board, & InfpeAed & Confidered.
It appearing to this Houfe by the Proje6tion & Computation laid before them, that the Building of a Stone Fort at Brunfwick, near Pejepfcut Falls, will be attended with a great & unneceffary charge, and require a confiderable time before it can be compleated.
Voted, That the Fort to be built there be made of Logs or Timber, not exceed- ing the Dimenfions of Fifty Feet Square; and that Col. John Wheelwright, Capt. Lewis Bane, and Charles Frojl Efq; who built the Fort at Winter Harbour, be a Committee to build the faid Fort, with as much Expedition as may be ; that the Stores at Cajco-Fort, fo far as needful, may be removed thither: which we are In- formed are too much expofed to the Indians, through the decay'd State of that Fort. Sent up for Concurrence.
An Accompt of Jofeph Jencks jun. his charge in building the Great Bridge over Pautucket River, amounting to the Sum of 223/. 14J. iid. Read, with a Letter from Mr. Richard Ward, Secretary of the Colony of Rhode IJland, Moving this Govern- ment to pay one half of the faid Sum.
Ordered, That the faid Accompt be Referr'd to the next Seffion, for further confideration.
Ordered, That fuch Petitions as were the laft Seflion referr'd to this, and have not now been confidered, be referr'd to the next Seffion. The
[+2]
The Vote of this Houfe pafs'd this Day for a Wooden Fort to be built at Brunf- wick; Sent down again from the Board with a Meflage, That they are of Opinion, fince there is a Stone Fort there that may be repaired, It is better to be proceeded in than that a New one ihould be built with Wood, and therefore the Board had not Concurr'd with the faid Vote.
An Engrofs'd Bill Intituled, An A5t for ejlablijhing a Rule for the Apportioning of Town i£ County AJfeJfments for the Tear Seventeen Hundred £5? Fifteen. Read and
Re/ohed, That the Bill do pafs to be Enafted.
A Meflage from the Board by Addington Davenport, and Edmund ^in/ey Efqrs ; That His Excellency and Council, have pitch'd upon the Clerk, of this Houfe for a Commiffioner to proceed to Cape Sables to Treat with the Indians there, and defire the confent of the Houfe that he may attend that Service.
The Queftion being put, Whether the Houfe confent to the faid Motion from the Board? It pafs'd in the Negative.
A Meflage fent up to acquaint His Excellency & the Board with the faid Vote.
;And then the Houfe Adjourn'd till Monday next Three a Clock in the afternoon.
JLwxAt 25 tik 31ulu 1715-
A Memorial o( Andrew Belcher Efq ; at the defire and in he\\a.\? of Samuel Pal/ltridge Efq ; Moving, That liberty may be granted to thofe that had Boxed Pine Trees to draw Turpentine in the County of Hampjhire, before the Ad; pafs'd the lafl; Sefljon did prohibit it, may be allowed to draw the Turpentine from them this Summer, paying fuch acknowledgment as this Court fhall fee meet to Order, brought down from the Board, having been there Read, and Recommended. Read.
And the Quefliion being put, Whether the Requejl of the faid Memorial he granted? It pafs'd in the Negative.
A Meflage from the Board by Andrew Belcher, Ifaac Winflow, & John Pynchon Efqrs ; That His Excellency & Council, have found no proper Perfon, befides Col. Goffe, that they can prevail with to proceed as Commiflioner, to Treat with the Cape Sable Indians, and that they apprehend His Majefl:y's Subje(5ls in their hands are in danger of Suffering by them. Defiring the Advice of the Houfe in the affair. And left two Affidavits of fuch Perfons as have lately been in the hands of the faid Indians, which were Read:
And a Petition of Jotham Odiorn in behalf of himfelf, and William Pepperell Efq ; of Kittery, Shewing, That the Indians at Cape Sables have taken two Fifhing Sloops and a Shallop belonging to the faid Pepperell, and two Fifhing Sloops of the faid Odiorn's : praying. That they may have liberty to fend and Ranfom their Veflels, and bring home Eleven Men now in the hands of the faid Indians : And that a fuitable Number of Men may be allowed to go with them, for that end in fuch Veflel as this Court Ihall Order. Read and
Ordered, That the Petition be Rejefted ; the Petitioner Odiorn being an Inhab- itant of the Province of New-Hampjhire ; it is proper for him to apply there.
Ordered, That a Meflage be fent up to His Excellency the Governour, earneftly moving, That the Requefl; of this Houfe of the 21ft. currant agreed to by the Coun- cil, for the Guard-fliip to proceed to Cape Breton, &c. when fhe had finifhed her Intended Cruife, may be anfwered.
That if it be Sufpe(5led, That any of the Englifh have Injured, or Defrauded any of the Indians, that it may be inquired into and Jufl;ice done to the Indians, That no proper means may be neglefted to prevent the great Calamity of a War returning upon us.
That His Excellency will pleafe to give Inftruftion to the Captain of the Man of War, to Reprefent to the Commander in Chief at Cape Breton, That the French are
Fifliing
[43]
Fifhing to the Weftward of the Gut of Canfo, which is contrary to the late Treaty of Peace.
A Meffage from the Board, That His Excellency did agree to the Meffage laft fent to him from the Houfe.
A Meflage from the Board by John Clark, Thomas Fitch, and Edmund ^infey Efqrs; That the Man of War is delay'd Sailing on her Cruife Eaftward by nothing but the wanting of another Commiflioner, in which they fhould be glad of the advice of this Houfe.
A Meflage fent up to the Board by Capt. Noyes & Col. Thaxter, That the Houfe is of Opinion, That Mr. John Nelfon is a Perfon very proper for that Service.
Who Return'd, That Mr. Nelfon could not be obtain'd for that Service,
A Meflage from the Board by Addington Davenport and John Pynchon Efqrs ; De- firing, Mr. IVilliam Paine a Member of this Houfe, to undertake the Service of a Commiflioner, to Treat with the Cape Sables Indians ; and that the Houfe would confent to his proceeding therein.
But Mr. Paine acquainted the Houfe, That he could by no means attend that Service.
The following Vote fent down from the Board, viz. In Council July 25. 1715.
In anfwer to the Petition of IVilliam Pepperell Efq ; He has leave to Vifit the Indians in friendfhip, at Cape Sables, and ufe all proper methods to regain his Men and VeflTels, out of the Indians hands; and the Frigot being alfo ordered to vifit that Coaft may cover them, and afford them their Advice and Proteftion. Sent down for Concurrence.
Read and Non-concurr'd : As a Matter of dangerous Confequence, for this Government to give allowance to the Ranfoming of Captions from the Indians.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
jUartie 26 tiic Julii 17' 5-
A Petition of the Eaftern Congregation in the Town of fVatertown by their Com- •*^ mittee, praying, That they may be made a Separate Town, the Wefl;ern Part of the faid Town continuing to Illude the Orders of this Court for the Maintenance of the Minifl;ry in the faid Town: Sent down from the Board with their Vote thereon for Concurrence, which was Read and Agreed to by the Houfe, with an Amendment. And is as follows. The Amendment being inferted, viz.
Ordered, That the Petitioners, ferve the Seleftmen and AflTeflbrs of Watertown with a Copy of this Petition and Summon them to attend this Court on the Second Wednefday of the next Fall-Seflion, to anfwer the Complaints, made therein, of their neglefting to comply with the Orders of this Court, for the Maintenance of their Minifters. Sent down for Concurrence. Read and Concurr'd.
The Honourable Board not feeing Caufe to agree to the Vote of this Houfe of the 23d Currant for Building a Fort with Wood.
Voted, That His Excellency the Governour be Requefted to Order the Repairing of the Stone Fort at Brun/wick near Pejepfcut Falls, agreeable to the Vote of this Court at their laft Seflion. Sent up for Concurrence.
Ordered, That a Meflage be fent up to the Board, defiring, That the Bills that have pafs'd the Houfes, may be Engrofs'd and Ena(^ed, that the Court may rife; this Houfe having now no bufinefs before them.
The Petition of Jojiah Chapin Efq ; of Mendon, upon which a Vote was pafs'd in this Houfe, the 28th June laft; fent down from the Board, the Council not having then pafs'd upon it.
Ordered, That the faid Vote be Revived and fent up for Concurrence.
M And
[44]
And the Vote of this Houfe pafs'd on the Petition of the Inhabitants of Brook- jield, the 9th oi June laft, not being then pafs'd upon in Council: Sent down again to be Revived.
Ordered, That the faid Vote be Revived and fent up for Concurrence.
A Petition of Edward White of Bojlon, fhewing, That Mr. Jqfeph Dowding of the faid Town hath wrongfully taken away, and with-holds from him his Houfe, wherein he is without remedy in the Law; And that the Committee appointed by this Court to Audit, and Adjuft the Accompts depending between them, have reported a con- fiderable Sum to be due to him : Praying, That the faid Report may be confirmed, and the faid Dowding be compelled to pay him accordingly ; or that his Affair may again have its courfe through the Law.
Sent down from the Board, pafs'd upon there, viz. In Council July 26. 17 15. Read, and the prayer of the Petition is fo far granted. That the Petitioner be ad- mitted to a new Trial. Sent down for Concurrence. Read & concurr'd.
A Letter from His Excellency the Governour to the two Houfes. Sent down from the Board, and is as follows, viz.
Council Chamber in Bojlon, July 26. 17 15. GENTLEMEN,
The News from Cape Sables increajing upon us, that the Indians have proceeded in their Hojiilities, fo far as to make them/elves Majlers of about Twenty f even of our Fijhing Vejfels, and Men belonging, of whom they have Murdered Eight, and wounded Others.
I am of Opinion, That the Frigot proceed immediately to Annapolis Royall, and Acquaint the Government there, of our prefent Pojiure, and their Danger, and obtain their advice of any Method, to be ufed to Recover our Vejfels, and Prifoners out of the Indian hands ; and from thence to proceed to Cape Sables, to advife our Fijhing VeJjfels there of their Danger : And that there be taken up forth-with two good Sloops with Thirty Men each, to Defend and Secure our remaining Fi/kery, upon the Coajl of Cape Sables, and Parts Adjacent, and to hold his Cruife there for Twenty Dayes; and then give us Notice for our further Proceedure ; and that the Frigot Sail forth-with, with Col. Goffe on Board, no other fit Per/on to be joyned with him in this Negotiation appearing.
J. DUDLET.
Pafs'd upon in Council, viz. July 26th. 17 15. Read and Accepted, and defired that it be forth-with proceeded upon. Sent down for Concurrence. Read and Concurr'd.
An Engrofs'd Bill, Intituled, An AB for the more fafe keeping the Regifiry of Deeds and Conveyances of Lands. Read and
Rejolved, That the Bill do pafs to be Enadled.
An Engrofs'd Bill Intituled, An A£l in Addition to an A 51 for Regulating Fees. Read and
Re/olved, That the Bill do pafs to be Enabled.
A Petition of John Aujian, late Town Clerk of Suffield, prefented to the Houfe and Read, praying this Court to Order the Proprietors of the faid Town, to have a Meeting; and that the Juftices of the General Seffions of the Peace in the County of Hamp/kire, may Hear and Determine their Differences relating to Grants of Lands in the faid Town.
Ordered, That the Inhabitants of the Town of Suffield, be advifed & diredled to Compromife, and Iffue their Differences in the Affairs afore-mentioned, among them- felves as fpeedily as may be. But if they fhall not be fo wife as to do it, in the fpace of three Months next coming, & fignifie it to the Honourable Samuel Partridge Efq ; That then the Juflices of the General SelTions of the Peace in the County of Hamp- fhire. Hold a Special SefTion at the faid Town, Hear both Parties & Determine and Settle their Differences, whofe Determination fhall be a final Iffue, and be fo entred in their Town Book.
The charge of the Seffion to be born by the faid Town.
And the Town Clerk is direfted to Enter no Record of the Lands in controverfy,
before
[45]
before the Seffion order'd of the Juftices, unlefs the Town come into a good and amicable agreement therein. Sent up for Concurrence. With a Meffage that the Houfe have no bufinefs before them and defire to Rife.
A Meflage from the Board by John Clark, 'Thomas Hutchin/oti, and Edmund ^in/ey Efqrs ; That feveral Allowances which are wont to be made Annually at the May Seffion, are not yet done ; as the Allowance to the Judges, Treafurer, i^c. Moving the Houfe now to Grant the fame. And intimated that the Treafurer is not willing to be Sworn for the Service of the Year currant, until his Allowance for the laft Year's Service is Granted.
The Queftion being put. Whether the Houfe will proceed to make Allowances at this time, inajmuch as the Tax to be Levied this Tear is not agreed on ? It pafs'd in the Negative.
And the faid Vote was fent up to the Board by Capt. Noyes, Mr. William Paine, and Mr. Chipman.
The following Vote fent down from the Board, viz. July 26th. 17 15. Elijha Hutchinfon, Eliakim Hutchin/on, Andrew Belcher, Thomas Hutchinfon and Edmund ^in/ey Efqrs ; are a Committee to confer upon the Tax, with fuch as the Repre- fentatives fhall appoint, that the Occafions of the Province be not loft for want of a Supply. Sent down for Concurrence. Read & Concurr'd with an Amendment added, viz. And confider fome Expedient wherein the Houfes may be likely to agree for raifing one.
And Capt. Noyes, Mr. Cooke, Mr. Epps, Capt. Fullam, Maj. Bradford, Capt. Parfons, Capt. Cawley, Mr. Knolton, and Capt. Chambers are joined in the Affair.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
Jlterniru 27 tiie Uultt 171 5.
A Plat of Land, offered to the Houfe for confirmation, purfuant to the Vote of "^^ this Court at their laft Seflion for 1686. Acres to be laid out, in anfwer to the Petition of the Heirs of John Haynes.
And the Petition of the Heirs of the faid John Haynes, prefented to the Houfe and Read, praying. That the Land in the faid Plat may be confirmed to them.
And a Petition of Hopejlill Brown, John Brigham, Jofhua Haynes, & Edward Goddard, prefented to the Houfe and Read, praying. That a certain Tradl of Meadow, belonging to them, and others, lying within the Limits of the faid Plat, may be referved to them, together with fome Up-land to Stack their Hay upon, and a con- venient High-way to the Meadow.
An Anfwer of the Heirs of the faid John Haynes to the laft mentioned Petition, Read ; and the Queftion being put, Whether the Plat be Confirmed?
It pafs'd in the Negative. It appearing to the Houfe that the Plat is fallacioufly drawn, and contains feveral Hundred Acres of Land more than the 1686. defign'd to be confirmed by this Court.
The Petition of the Committee of fundry Proprietors of Swampfield, praying as entred the 7th Day of June laft. Read again, and
Ordered, That the Petitioners lay before the Court a Plat of their Original Grant, and of the Land they Petition to have added to them by a Surveyor and Chain-men under Oath. Sent up for Concurrence.
A Meffage from the Board by John Clark & Thomas Fitch Efqrs ; Moving the Houfe to Vote the Wages that fliall be given to a Surgeon for the Sloops Ordered to Cape Sables.
Ordered, That a Meffage be fent up to the Board, That fome proper Perfon be agreed with for that Occafion, upon fuch reafonable Terms as he can be obtained.
The
[+6]
The following Vote brought from the Board by Andrew Belcher, Ifaac Winjlow, 'Thomas Hutchinfon, Thomas Fitch, and Edmund ^in/ey Efqrs ; viz.
Propofals for the Drawing in 22000/. to be Levied on Polls and Eftates, for this prefent Year 17 15.
/. .f. d. Intereft on the 50000/. Loan Money 2000 o o
In the Treafury, as appears by the Treafurers Accompts 2000 o o
Import and Excife, fuppofe to be 5000 o o
A Tax on Polls & Eftates to be Levied this prefent Year, ) to compleat the 22000/. )
13000 o o
/. 22000
In Council July 27th. 17 15. Voted & Accepted unanimoufly. Sent down for Concurrence. Read
poll itteritiiem.
A Meffage fent up to the Board by Mr. William Denifon, Mr. Hitchcock, and Mr. Chipman, That the Houfe defire to fee the Report of the Committee of both Houfes, appointed to confer about the Tax. Which they brought down, & is as follows, viz. Propofals, for Drawing in the Tax of 22000/. Granted to be paid in the Year 17 1 5. viz. /. s. d.
A Tax on Polls and Eftates iiooo o o
Intereft of the 50000/. Loan 2000 o o
In the Treafury, with an Obligation & Judgment of Court 2050 o o
Impoft and Excife 6950 o o
/ 22000 o o
A Tax to be Granted on Polls and Eftates to make good Deficiences on any of the above Sums, 5000/. To be Levied in 1712, or 1713. Read and Accepted. Sent up for Concurrence.
A Meffage from the Board by Eli/ha Hutchinfon, Andrew Belcher, Edward Brom- field, John Clark, Thomas Hutchinfon, Thomas Fitch, Thomas Oliver, and Edmund S^uinjey Efqrs. who brought down the Vote of this Houfe upon the Report of the Committee of both Houfes, concerning the Tax non-concurr'd. And Acquainted the Houfe that the Council could not confent to the Pq/i-poning any part of the Tax, and mov'd the Houfe to confent to the Vote of the Board relating to the Tax fent down this Day.
The Vote of the Board relating to the Tax, entred in the forenoon, and then fent down for Concurrence. Read and Non-concurr'd.
Ordered, That the Houfe Adhere to their Vote on the Report of the Committee of both Houfes. And that it be fent up again.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
JotJis 28 tJie 3ulii 1715-
A N Engrofs'd Bill Intituled, An All in Addition to an A£l of Limitation, for ^iet- "* ^ ing of Pojfejfions. Read and
Refolved, That the Bill do pafs to be Enad:ed.
Ordered, That Col. Thaxter, Col. Winthrop, and Mr. William Paine, with fuch as the Honourable Board ftiall Nominate, be a Committee to Confider & Treat with Perfons Skilful in Surveying; and acquainted in the Frontiers, in order to take a Plat of the ungranted Lands, in the Frontiers lying between Conne£licut Great River, and Merrimack River, up as high Weftward, as Penicook, upon Merrimack River, and from thence upon a ftrait Line, to the neareft part of ConneSlicut River: the Plat to
Include
[47]
Include all the ungranted Lands lying between the faid two Rivers, and the faid ftrait Line, and the Frontier Towns. And in order to take Plats of the ungranted Lands that are within the faid Frontiers. And make a Report to the next Seffion of this Court what the charge may probably amount to. Sent up for Concurrence.
The following Propofal prefented to the Houfe by the Subfcribers. viz. T/ty^E (he Subfcribers Proprietors of the Lands in Brunfwick, Topfham, i£c. being De- ^^ Jirous to make fuch a Settlement, as may be able to fuflain a War with the Indians, Do acknowledge the Favour of the General Court, in their readinejs to Encourage and ProteEt the intended Settlements, and particularly in the Repair of the Fort there ; yet perceiving the Houfe inclinable to a Wooden Fort, on account of the cheapnejs of it ; We being fenfible that as this Fort is fet,fo as to be a Bridle to the Indians : So if a War fhould arije, it may be Expelled, they will leave no means untryed, to become Mafiers of it, towards which the Remotenejs from Succour will give them great advantage, and confidering how much the Lives y Eftates there will depend upon the Strength ^ Security of that Fort ; We have been Induced to make the following Propofal.
That whereas the Wooden Fort at Winter Harbour cofi, as we are informed 400I. Pounds, when Proviftons, i£ Labour were much cheaper, than at this time. We cant fup- pofe fuch an one now would cofl much lefs than 500I. Pounds ; and a Stone Fort fuppofed to be much more Chargeable : Yet rather than the faid Fort fhould be of Wood, andfo liable to be Confumed by Fire, in cafe it fhould be Affaulted by French as well as Indians.
We Offer, That if the General Court will pleafe to Allow Five Hundred Pounds, and let us now have the Fifteen Men, which are Dejigned for that Garrifon, we will enter into Engagements to Repair &? Finifh the aforefaid Stone Fort : To be 50 Foot fquare, as pro- po/ed, with Four Bafiions, Two of which of Wood on the Top of the Angle ; at our own Charge, although it fhould amount to more than that Sum. And wefhall fet about it in a Weeks time if poffible, and hope to finifh it before Winter, if not ObflruBed by the Indians. We defire to have Three Hundred Pounds of the faid Sum as occafton fhall require, to pro- vide Materials, i^c. and the remainder when the work is finifhed.
Bofton, July 28th. 1715. Thomas Hutchinfon.
Adam Winthrop Oliver Noyes. In behalf of them/elves and partners.
Memorandum,
// is agreed that the Foundation of the faid Fort fhall be Three Foot under ground. That the Wall fhall be Three Foot Thick at Bottom, and at leafl Ten Foot High above the Ground ; and laid in Lime Mortar, with Barracks for Fifteen Men; to be built on or near the Spot where the Fort now fiands.
Voted, That the faid Propofals be accepted, and the Sums be paid out of the Treafury as propofed. Sent up for Concurrence.
A Meffage from the Board by Thomas Fitch, & Thomas Oliver Efqrs ; That Capt. Bommazeen with the other Four Eaftern Indians that have been here fome Days upon a Vifit, are now returning home, and the Council think it convenient that fomething be given them, to bear their Expences.
Voted, That the Sum of Four Pounds be allowed them to bear their charges home. Sent up for Concurrence.
A Meffage fent up to the Board by Mr. Remington, and Capt. Ofgood, That this Houfe have no bufinefs lying before them, and if there be none to come down from the Board, the Houfe deffre to be difmift.
Who return'd anfwer. That His Excellency faid the Treafury is not yet fupplyed, nor the Tax to be Raifed this Seffion agreed upon, nor the Treafurers Salary Voted, and he, as yet not Sworn, which ought to be done before the Court Rifes.
The following Vote fent down from the Board, viz. In Council ^uly 28th. 1715. Voted, That if the Affembly agree to lay Eleven Thoufand Pounds Tax at this Seffion, in part of the Twenty two Thoufand Pounds Granted by two former Ads of Affembly, to be paid this Year; the Council will agree to the Ad. Sent down for Concurrence. Read.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
N 0enert0
[ 48 ] Oenms 29 tie Julii 1715-
A N A61 for Apportioning & AffefEng a Tax of Eleven thoufand pounds, on Polls ■^^ and Eflates, which with the Sum of Two thoufand pounds in the Treafury, Two thoufand pounds Interefl of the Loan Money, and Seven thoufand pounds by the Impoft, Excife & Tunnage of Shipping, part this prefent Seffion, will make up the Sum of Twenty two thoufand pounds purfuant to the Funds & Grants, made to Her late Majefty by this Court, at their feveral Seffions in Novemb. 17 lo & May 171 1.
Ordered, That the Preamble of the Tax Bill to be pafs'd this Seffion, be formed agreeable to the above-mentioned Minutes. And that a Bill be drawn accordingly, as expeditioufly as may be. Sent up for Concurrence.
Refohed, That the Treafurer be & hereby is Dire6led & Impowred, to Iffue forth and Emit the Sum of Four thoufand pounds, of the Bills of Publick Credit of this Province, that are or (hall be received into the Treafury, for payment of the Publick Debts of the Province already contraded ; for the Defence & Support of the Government, and the neceffary Protection, and Prefervation of the Inhabitants of this Province; and for the Subfifting of Forts, or Garrifons, and Wages arifing for their Service : (But the Fort at Cafco Bay for no longer time, than the firft Day of OSlober next;) for Payment of Grants, Salaries, and Allowances, made or to be made by this Court, according to fuch Draughts as from time to time fhall be made upon him, by Warrant or Order of the Governour, by & with the Advice & Con- fent of the Council : and the faid Bills fhall pafs out of the Treafury at the value therein expreffed, equivalent to Money; and Ihall be taken, and accepted in all Publick Payments at the Advance, and after the Rate of Five Pounds -per Cent. more.
And as a Fund & Security for the fame, There be, and hereby is Granted to His Moft Excellent Majefty, to the ends & ufes, as aforefaid, a Tax of Four thoufand pounds, to be levied on Polls & Eftates both Real & Perfonal within this Province, according to fuch Rules, and in fuch Proportion, upon the feveral Towns and Dif- tri(5ls within the fame as fhall be agreed on, and ordered by the Great and General Court of Affembly of this Province, at their Seffion in May Anno i^ii. And paid into the Treafury on or before the lafl Day of December next after. Sent up for Concurrence.
Re/olved, That the Sum of Forty Shillings be allowed, and paid out of the Publick Treafury to Mr. Benjamin Rolf for his Service in writing for this Court the laft Year. Sent up for Concurrence.
Poil JtterttJiem.
A Bill Intituled, An A5i for Apportioning ^ AJfeJJing a 'Tax of Eleven 'Thoufand Pounds upon Polls & EJlates. Read a firft time.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
^abbati 30 Me Julii 1715-
A Bill Intituled, An A5i for Apportioning & AJfeJJing a Tax of Eleven Thoufand Pounds upon Polls & EJlates. Read a 2d and a 3d time.
Refolved, That the Bill do pafs to be Engrofs'd. Sent up for Concurrence.
Ordered, That the Reprefentatives of the Town of Bojlon, be defired to take the care of Printing the Votes of this Houfe this Seffion, and Treat with a Printer about the Terms upon which they may be Printed here-after.
TTT'HEREAS '3\t ijtf (ZEnaCtetl, in the A El for Granting to His Majefty feveral Rates, ^'^ and Duties of Impoft and Tunnage of Shipping, viz. " That there fhall be paid by the " Mafter of every Ship, or other Veffel coming into any Port, or Ports in this Province,
"to
[49]
" to Trade or Traffick, the major part of the Owners whereof are not belonging to " this Province ; except fuch Veflels as belong to the Provinces, or Colonies of Pen- "ftlvania. Weft & Eajl Jersey, New-York, Conne6licut, or Rhode IJland; every Voyage " fuch Ship or Veflel does make, the Sum of Eighteen-Pence per Ton, or one Pound " of good New Gunpowder, for every Ton fuch Ship or Veflel is in burthen ; to be "paid into the Commiflioner, or Receiver of the Duties of Import, and to be " Imployed for the Supply of His Majefty's Caftle, and Forts, within this Province.
Ordered, That it be an Explanation of the faid Act, That the faid Duty is not to be paid for fuch Part or Parts, of any Ship or other Veflel, that is owned by any perfon or perfons Inhabiting this Province; and that it be an Inftruftion to the Ofiicer of Import to govern himfelf accordingly. Sent up for Concurrence.
A Complaint of Nathanael Healy, and four others of the South Part of Newton, Shewing, That they are aflefled to the Support of the Minirtry in the faid Town, notwithrtanding by an Order of this Court, they are annexed to the Weftern Precindl in Roxbury. Sent down from the Board, pafs'd on there, vix. In Council, July 30th. 1715. In Anfwer to this Petition. Voted, That the Vote and Advice of this Court, at their Seflion in May 1713. to the Town of Newton, to allow Six Families lying next to Roxbury to Attend the Worfhip of God at that Precindl, was and is a Poflitive Order, to the faid Town ; to Difmifs the faid Six Families, from them to Attend the Publick Worfliip of God at Roxbury ; and accordingly they are Difcharged from paying to the Minirters in Newton.
Sent down for Concurrence. Read and
Ordered, That the confideration of this Petition be referr'd to the next Seflion of this Court; and that in the mean time no Dirtrefs be made upon the Petitioners. Sent up for Concurrence.
A Meflage from the Board by Wait Winthrop, John Clark, & Thomas Fitch Efqrs. That the Board had not pafs'd upon the Vote of this Houfe, fent up Yefterday, for Supply of the Treafury: His Excellency having intimated to them, That he could not confent to the claufe therein relating to Ca/co Fort. And they left the faid Vote to be further confidered of.
The faid Vote was fent up to the Board again by Mr. Cooke, and Mr. Remington, with a Meflage, That the Houfe is of Opinion, They can't abate the claufe con- cerning Ca/co Fort, without the hazard of having both the Old Fort at Ca/co, and a New one at Pejep/cut to be maintained.
The Vote of this Houfe for Supply of the Treafury, fent down again from the Board, with a claufe propofed in the room of that concerning Ca/co Fort. viz. And that the Treafurer fend the Subfiftence for the Garrifon at Ca/co till the firrt Day of OBober next; not doubting of the Governours Diredlion to Draw off" the Garrifon at Cafco fo foon as the New Fort at Pejep/cut be finiftied and ready to receive the Stores, and Soldiers now lodged at Ca/co Fort.
The Queftion being put. Whether the Hou/e agree to the /aid Amendment prepo/'d by the Board?
It pafs'd in the Negative. Nemine Contradicente.
Ordered, That the Houfe Adhere to their Vote. Sent up.
And then the Houfe Adjourn'd till Monday next Three a Clock in the afternoon.
l^unae i bie %yx%yx^\ 171 5.
j^Ddington Davenport Efq ; Brought down from the Board fome Letters advifing of the Return of the Vefl*els and Men, that were taken by the Cape Sables Indians, and inform'd the Houfe there is no bufinefs lying before them.
Mr.
[50]
Mr. Cooke, Mr. Paine, and Capt. Fullam were fent up to the Board, to Inquire whether the Vote of this Houfe, for Supplying the Treafury is concurr'd. And to Acquaint them that this Houfe have no bufinefs before them.
A Meflage from the Board by Andrew Belcher, Edward Bromfield, John Clark, Addington Davenport, Thomas Hutchinfon, Thomas Oliver, and Edmund ^in/ey Efqrs. That the Council could not concur with the Vote of this Houfe for Supply of the Treafury, with that claufe in it relating to Ca/co Fort ; But that His Excellency fays, He is ready to remove the Stores from Cafco Fort, to Brunfwick, as foon as the Fort at Brunjwick Ihall be fit to receive them, and will do it, if it lyes in his Power, when the Fort at Brunjwick fhall be ready : And they left the faid Vote, whereon is entred, viz. In Council, Augujl ill. 17 15. Read and Non-Concurr'd.
The following Vote entred on the Vote for Supply of the Treafury, and fent up. viz.
Voted, That it is the undoubted Right of this Houfe to Appropriate their Grants.
And that the Houfe are neceffitated to adhere to this their Refolve, without abat- ing the claufe relating to Cafco Fort, having Voted the Repairing of the Fort at Brunf- wick; which Vote is Concurr'd by the Honourable Board, and confented to by His Excellency.
A Petition oi William Clap, and Fourteen others Inhabitants oi Cape Cod, Affign- ing reafons why they would not be annex'd to the Town of Truro; and why they are without a Minifter : and praying, That they may be made a Townfhip, and affifted out of the Publick Treafury in Building a Meeting-Houfe, and Maintaining a Min- ifter. Propofing that the Treafury may be reimburf 'd by a Duty laid on the Fifhery there. Sent down from the Board. Recommended.
Ordered, That the Confideration of the faid Petition be referr'd to the next Seflion.
Sent up for Concurrence by Capt. Chambers, and Mr. Moodey, with a Meffage that the Houfe have no bufinefs before them, and defire to Rife.
A Meffage from the Board by Edmund ^infey Efqr; That His Excellency Diredts the Speaker and the whole Houfe to attend him forthwith in the Council Chamber.
Mr. Speaker, and the whole Houfe went up accordingly ; and His Excellency Prorogu'd the Court to Wednefday the 24th Day of Augufl Currant, at Ten a Clock in the forenoon.
BOSTON: Printed by %. ($teen« 1715.
[5>] Anno Regni Regis GEO RG II nunc Magnae Britanniae, ^C. Secundo.
JOURNAL
Of the Houfe of
Reprefentatives.
At a Great and General Court or Affembly of His Majefty's Province of the Maffachufetts-Bay in i^etU'CnslaUtl, begun & held at BofiOU* upon Wednefday the 25th Day of M^V* ^VLUO ©Omini* i 7 i 5- And continued by Prorogation to Wednefday the 24th Day of ^UQ^UOt next after, and then Met.
A
Number sufficient to conftitute a Houfe not appearing, the Members prefent agreed to meet again at Three a Clock in the afternoon.
Mr. Speaker fent up a MefTage to the Board by Col. Thaxter, and Capt. Cawley. That a ^orum of the Houfe are now met, and ready to proceed upon the Bufinefs of the Seffion.
A Meflage from His Excellency hy Edmund ^incey Efq ; That Mr. Speaker and the Houfe forthwith attend him in the Council Chamber.
Mr. Speaker and the Houfe accordingly went up to the Council Chamber, and His Excellency made a Speech to the Court, whereof Mr. Speaker obtain'd a Copy, and with the Houfe return'd to their own Chamber.
His Excellency's Speech Read, and is as follows, viz.
Bofton, Auguft 24th. 1715. GENTLEMEN,
/Should not have given you the Trouble of a SeJ/ton at this time, but that I thought it necejjfary to give you the Opportunity to Provide for the Support of the Government in the hands of the Civil Officers, The Judges, the Treafurer and Others who ought to be provided for, and have at no time been neglected by the Affembly beftdes which it is neceffary, to have fome-thing in the Treafury for the Defreying of other Emergencies, that may require the fame. This will not Demand more than a Day or Two to Refolve, and I am not willing, to enter into any other Affairs that may Detain you from your own bufinefs in the Country that is prejjing at this time. J. DUDLEY.
A Motion being made, That the Houfe will not proceed to make a Grant for Supply of the Treafury, without an Introdudlion thereto, to fhew the reafon of it's not being done afore, and to vindicate the Houfe therein. Which meeting with fome Oppofition. The Queftion was put, JVhether the Houfe will proceed to make a Grant forfupply of the Treafury, without fuch Introduction? It pafs'd in the Negative. Ordered, That Mr. fVilliam Paine, Capt. Noyes and Mr. Remington, be a Com- mittee to prepare a draught of fuch Introduftion and lay it before the Houfe.
Which they did accordingly, and was Read and Accepted by the Houfe, and pafs'd together with a Refolve for a fupply of the Treafury: as follows, viz.
O This
[52]
This Houfe having on the i^th Day of July in their lajl SeJJions ; Voted, That the Sum of Four Thoufand Pounds of the Bills of Publick Credit of this Province be Emitted by the Treafurer, for the Support of the Government, and for Payment of Grants, Salaries and Allowances, Made or to be made by this Court, &c. which faid Vote was then Non-concurr'd by the Honourable Council. For Reviving therefore of the faid Grant, and that this Houfe may again fhew their readinefs to fupply the Treafury.
Refohed, That the Treafurer be & hereby is Direiiled & Impowred, to Iffue forth and Emit the Sum of Four thoufand Pounds, of the Bills of Publick Credit of this Province, that are or fhall be received into the Treafury ; for Payment of the Publick Debts of the Province already contraded ; for the Defence & Support of the Government, and the neceffary Proteftion, and Prefervation of the Inhabitants of this Province; and for the Subfifting of Forts, or Garrifons, and Wages arifing for their Service: (But the Fort at Cqfco Bay for no longer time, than the firft Day of October next;) for Payment of Grants, Salaries, and Allowances, Made or to be made by this Court, according to fuch Draughts as from time to time fhall be made upon him, by Warrant or Order of the Governour, by and with the Advice and Confent of the Council : and the faid Bills (hall pafs out of the Treafury at the value therein expreffed, equivalent to Money; and Ihall be taken, and accepted in all Publick Payments at the Advance, and after the Rate oi Five Pounds per Cent. more.
And as a Fund & Security for the fame. There be, and hereby is Granted to His Moft Excellent Majefty, to the ends and ufes, as aforefaid, a Tax of Four thoufand Pounds, to be levied on Polls and Eflates both Real and Perfonal within this Province, according to fuch Rules, and in fuch Proportion, upon the feveral Towns and Diftrifts within the fame, as Ihall be agreed on, and ordered by the Great and General Court or Affembly of this Province, at their Seflion in May Anno 1722, And paid into the Treafury on or before the laft Day oi December next after. Sent up for Concurrence.
The Vote of this Houfe pafs'd the 28th of July laft, relating to the taking a Sur- vey of the Weflern Frontiers, not having been then pafs'd on by the Board, was fent for from thence, and Read, and
Ordered, That the faid Vote be Revived, and Sent up for Concurrence.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
3oi)is 25 tiie ;ilu0uEu 1715-
A Motion being made. That Provifion be made in the Law to give certain and ■^ ^ feafonable Notice to the feveral Members of this Court of the Prorogations thereof, that fhall be made from time to time when this Court is not Sitting.
Ordered, That Mr. Cooke be defired to prepare a Draught of a Bill for that end, and lay it before the Houfe at their next SefTion.
The Committee of this Houfe appointed the lafl Seffion to Treat with a Printer for the Imprinting the Votes of this Houfe, made Report that Mr. Bartho. Green Printer, had offered to do the fame, and all the other Printing direfted by the Gov- ernment, for the fpace of Seven Years next coming; and to furnifh each Member of this Court, with a Copy of the faid Votes, free of charge, on each Tuefday, Thurf- day and Saturday, of the feveral Seffions, during the Term, upon his being Allowed 'thirty Pounds per Annum for his Service.
Ordered, That the faid Propofal be Accepted. Sent up for Concurrence ; with a Meffage to the Board, That this Houfe have no bufinefs before them; and Defire if there is any thing to come down, it may be fent as foon as may be.
Ordered,
[53]
Ordered, That the Eaftern half of the Thoufand Acres of Land referved to the Province in the Grant of the Townfhip of Rutland, be, and hereby is Granted to Jo/in Burrill Efq ; Speaker of this Houfe, and his Heirs and Affigns for ever; in confideration of his long & good Service to this Province. Sent up for Concurrence.
Ordered, That a Meffage be fent up to the Honourable Board, Requefting them to Meet in Council earlier, if it may be to give as fpeedy a Difpatch as poffible to the affairs of the Seflion.
Nathanael Paine Efq ; brought down the Refolve of this Houfe for the fupply of the Treafury, Concurr'd in Council with an Amendment added to the claufe therein relating to Cafco Fort, viz. Provided the New Fort at Pejepjcot, be then in a readinefs to receive the Fifteen Men appointed by the Government, and the neceffary Stores.
Read, And the Queftion being put, Whether the Houfe agree to the Jaid Amend- ment? It pafs'd in the Negative.
Ordered, That the faid Refolve of this Houfe be Infilled on. Sent up by Capt. Noyes, Mr. William Paine, Col. Winthrop, Col. Thaxter, Mr. Epps, Capt. Chambers, and Mr. Cawley.
The faid Refolve, fent down from the Board, pafs'd upon, as follows, viz. In Council, Aug. 25. 17 1 5. Refolved, That the Board do adhere to their former Amendment to the Vote of the Reprefentatives, for that the Board are of Opinion the Fort at Pejepfcot will not be in a readinefs to receive the Men and Stores neceffary for its Defence by the time limitted. Read.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
C^enerte 26 bte ;3lu0uflu 171 5.
^ I "'He lafl Vote of the Board upon the Refolve of this Houfe for fupplying the •■• Treafury, Read again, and
Ordered, That Capt. Noyes, Capt. Fullam, Mr. Denifon, Mr. William Paine, Mr. Remington, and Capt. Cawley^ be a Committee, to Examine and Confider the Votes that have pafs'd this Year between the Houfes concerning the Forts at Cafco Bay and Brunfwick, and prepare the Draught of a Vote proper for the Houfe to pafs in anfwer to the faid lafl Vote of the Board.
A Petition of Gerjhom Woodel of Tiverton, prefented to the Houfe & Read, fhew- ifig. That he is a Weakly perfon, unable to fuftain hard labour to procure a Liveli- hood, and is therefore defirous to obtain a Licence to keep a Tavern, which the Select-men of the faid Town refufe to give their Approbation of, without rendring any reafon for their Refufal. Praying, That the Juflices of the Quarter Seffions may be enabled to Licenfe him, Notwithflanding he has not the Approbation of the Seledl- men, there being no Taverner in the faid Town. Some Teftimonials of his Qualifi- cations for fuch Licence were alfo Exhibited and Read.
It being Reprefented, That there is no Inn-holder in the Town of Tiverton, and that there is frequent Occafion for an Inn there, for the Entertainment of Travellers, iSc.
Ordered, That the Petitioner Serve the Select-men of Tiverton, with a Copy of this Petition, that they may fhew reafon to the Juflices of the General SefTions of the Peace in the County of Brijtol, at their next Seflion, if any they have, why the prayer thereof fhould not be Granted. And if they do not lay before them fufficient reafon why it fhould not be granted: That then the faid Juflices be and hereby are Im- powred to Grant a Licence as prayed for, without the Approbation of the faid Select-men, If it appears to them that the Petitioner is a meet Perfon to be Licenfed.
Sent up for Concurrence.
The Vote lafl entred fent down again, Pafs'd upon in Council, viz. Read and Concurr'd with the addition of any Law, Ufage or Cuflom to the contrary notwith- flanding. Sent down for Concurrence. Read and Concurr'd. And fent up.
A
[54]
A Plat of the Original Grant of the Townfhip of Swampfield, and a Trad of Land adjoyned thereto Platted out therewith, which the Proprietors Defire may be added to the faid Townfhip ; The Surveyor Thomas Ha/iings, and the Chain-men being under Oath; prefented to the Houfe for Allowance and Approbation. And the Queftion being put, Whether the faid TraEl of Land frayed for, being more than Eighteen Thoufand Acres, be added to the faid Townfhip ? It pafs'd in the Negative.
Ordered, That the Plat of the Original Grant of the faid Town, being Nine Miles long and Four Miles Wide, be Allowed and Confirmed to the lawful Proprietors ; Provided it interfere with no former Grants. Sent up for Concurrence.
A Meflage from the Board by John Clark and Thomas Fitch Efqs ; That they have no bufinefs before them, and if there is any to come from this Houfe, they defire to have it quickly, for His Excellency is defirous foon to difmifs the Court.
The Committee appointed, brought in a Draught of a Vote, in anfwer to the lafl Vote of the Board on the Refolve for fupply of the Treafury, which was Read and Pafs'd by the Houfe. viz.
This Houfe having for fundry Years pafl reprefented, the Fort or Trading Houfe at Cafco Bay to be of no Service to His Majefly, either as a Barrier to our Frontiers, or Security to our Fifhery, and particularly on the Seventh & Tenth Dayes of their Seffions in June lafl, in Concurrence with the Honourable Board, did offer to His Excellency as their Opinion, That it was for His Majeflies Service, that the faid Fort of Cafco Bay, be flighted, and no longer continued, and that a Stone Fort near Pejepfcot Falls, be repaired in flead thereof, as more convenient to cover the new intended Settlements of Brunfwick, Topjham, &c. and to keep the Indians from their Fifhery in cafe of another Rupture; and did further Vote, That no more Money be drawn out of the Publick Treafury, for the fubfifling and paying any Officers or Souldiers, at the Fort of Cafco after the Firfl Day of September next ; and Ordered a Copy of the Vote to be fent to Mr. Treafurer, for his future Direc- tion, to which the Council did concur; and having on the Twenty eighth Day of July, Ordered the Sum of Five Hundred Pounds to be Iffued out of the Treafury for repairing the faid Fort at Pejepfcot Falls (which Fort was built by Sir Edmund Androfs as the befl bridle to the Eaflern Indians) And did Grant the Number of Fifteen Men as a Garrifon for the faid Fort, who are now the greatefl part on the Place, to fecure the Work-men in repairing and finifhing the fame, to receive the {lores from Cafco, where they may be in greater Danger by the ruinous State of the Fort, than they will be at Pejepfcot by the Firfl of OSlober ; And the Houfe thereon Refolved, That no more Money fhould be raifed, for the Subfiftence of the faid Fort at Cafco after the Firfl Day of OSlober next, and Afferted it, as their undoubted Right to Appropriate their Grants ; which Refolve has been revived this Seffion ; and as it is no Infringement on His Majefly's Honour or Service, but agreeable to the Charter, and a great Eafe to His Majefly's Subjefts. Therefore Refolved, That the Houfe do adhere to their former Vote; and they think themfelves bound in Duty to His Majefly and the People they Reprefent, fo to do. Sent up.
Ordered, That the feveral Petitions referr'd to this Seffion, be continued, and referr'd to the next Fall Seffion.
Poll JEerititem*
Ordered, That Col. Winthrop, and Mr. William Paine, be defired to Confult with the Treafurer what are the feveral Articles of the ordinary Charge of the Province annually, and make Report to this Houfe at their next Seffion.
A Meffage fent up to the Board by Mr. Newman, and Mr. Partridge, That there is no bufinefs lying before the Houfe, and if there be any to come from the Council they defire to receive it.
And then the Houfe Adjourn'd till to Morrow Morning Nine a Clock.
[55] j^bbati 27 tJie ;3iuguftii 171 5.
A Meflage fent up to the Board by Mr. fVi/Iiam Paine, Col. Thaxter, and ■*^ Capt. Cawley, To inquire whether the Council had Concurr'd to the Votes of this Houfe Granting 500 Acres of Land to Mr. Speaker Burrill ; and for the annual Printing propofed to be done for the Government. And to defire if there is any bufinefs to come from the Board, that it may be fent as foon as conveniently may be, the Houfe having none before them. Who Return'd, That the Council faid, the faid Votes were now under their Confideration.
The Refolve of this Houfe for fupply of the Treafury, fent down from the Board with the following Vote, viz. In Council ^ug. 27th. 171 5. The Refolve of the Houfe of Reprefentatives of the 24th Currant being read, Concurr'd with, only extending the Limitation relating to Cqfco Fort, to the Firft of November next enfu- ing ; and Ordered, That the Undertakers to build the Fort at Pejep/cot, be direfted with utmoft Speed and Diligence to Proceed in that affair, and accomplifh the fame by the time, fo that it may be capable, to receive and entertain the Men and Stores propofed ; and that if it be not pofTible to build and finifli the faid Fort according to the Order of this Court by the time, then what is wanting to be made up by Stockadoes, to Secure and make it defenfible, until the Seafon will Allow the Stone- work to be finilhed. Sent down for concurrence. Read and Concurr'd.
Ordered^ That a Meflage be sent up to the Board, Defiring that the Stores may be remov'd from Ca/co to Pejep/cot Fort, as foon as the latter fhall be ready to receive them, which is hop'd will be fooner than the Firfl of November : Which was carried up by Capt. Noyes, Mr. William Paine, and Mr. Epps, who return'd, That His Excellency faid. He would do all that he had faid concerning it.
A Motion being made that the Houfe will now have the Confideration of making an Allowance to Mr. Agent Dummer, for his Service. After fome Debate. The Queft;ion being put, It pafs'd in the Negative.
Ordered, That the Confideration of that Affair be Referred to the next Seflion.
A MefTage to His Excellency the Governour by Col. fVinthrop and Capt. Noyes, That the Houfe defire to be Inform'd, Whether his Excellency has Confented to the Refolve for fupplying the Treafury, with the Amendments made to it; being willing to Proceed to Grant the ufual Allowances, if the Treafury is enabled to pay them. Who return'd anfwer. That His Excellency faid, He fhould under-write it, before he went out of the Court.
A Meflage from the Board by John Clark and Thomas Fitch Efqrs ; That the Houfe would make Allowance for Mr. Secretary Addingtons Service, the time he liv'd after his lafl Allowance was made.
And to Mr. Jo/eph Hiller for the time he has Serv'd as Clerk of the Council.
A MefTage to the Board by Capt. Fullam and Mr. Knolton, That the Houfe is ready to Grant the ufual Allowances, as foon as they are Certified that His Excel- lency has Sign'd the Refolve for Supplying the Treafury.
Who Return'd anfwer. That His Excellency faid, He fhould not Sign it this Day, It not being cuftomary for him to Sign the Votes of the Court before they were entred Fair in a Book : But that He would Sign it before any Money was drawn out of the Treafury.
A MefTage to the Board by Mr. IVilliam Paine, Capt. Noyes, and Col. thaxter. That the Houfe think it necefTary, That all Afts and Votes of the Court fhould be Sign'd, and PerfecSled before the Seffion is ended. And that the Return of a MefTage from His Excellency this Day Inform'd the Houfe, That His Excellency was pleaf 'd to fay. He would under-write the Vote for fupply of the Treafury before he went out of the Court.
Who Return'd That His Excellency faid, It had hitherto been his Cuflom to Sign the Votes of the Court after they are entred Fair in a Book, and not in the Original Draught : And that he is not willing to alter it now.
P foil
[56]
Mr. Hiller brought down the Vote for Supplying the Treafury, Subfcrib'd by His Excellency : viz. i con/ent to this Grant. J. DUDLET.
Ordered, That the Votes of this Houfe in the prefent Seflion be Imprinted upon the foot of the Agreement with Mr. Green the Printer: And that the Reprefentatives of Bojlon be defired to take the Care of having them Printed.
Re/ohed, That the Sum of Two Hundred and Fifty Pounds, be Allowed and Paid out of the Publick Treafury to His Excellency JOSEPH DUDLET Efqr; Captain General, and Governour in Chief of this His Majefly's Province, for his Support in Managing the AiFairs of the Government. Sent up for Concurrence.
Re/ohed, That the Sum of Fifty Pounds, be Allowed and Paid out of the Pub- lick Treafury, to the Honourable William Tailer Efqr; in Confideration of his readinefs at all times to Serve this Province. Sent up for Concurrence.
Refolved, That the Sum of Three Hundred Pounds, be Allowed and Paid out of the Publick Treafury, to the Honourable the Judges of the Superior Court of Judi- cature, in Proportion to the Courts they attended the Year pafl. Sent up for Concurrence.
Refolved, That the Sum of Forty Pounds, be added to the Allowance of the Reverend Mr. John Leverett, Prefident of Harvard College, for the Year Currant beginning in January lafl, and Paid out of the Publick Treafury, in Confideration of the extraordinary Scarcity and Dearnefs of Provifions, and other Neceflaries of Houfe-Keeping. Sent up for Concurrence.
Resolved, That the Sum of Two Hundred and Twenty-five Pounds, be Allowed and Paid out of the Publick Treafury, to Mr. Jeremiah Allen, Treafurer of this Province, for his Service the Year paft, his Trouble being extraordinary in Changing the Bills of Credit, and taking care for the fupply of the Garrifons. Sent up for Concurrence.
Refolved, That the Sum of Twenty Pounds, be Allowed and Paid out of the Publick Treafury to Mr. John White Clerk of this Houfe, in Part for his Service the Year Currant. Sent up for Concurrence.
Rejolved, That the Sum of Twenty Pounds, be Allowed and Paid out of the Publick Treafury to Mr. Jofeph Hiller, for his Service as Clerk of the Honourable Council, for half a Year, beginning the 13th Day oi March laft. Sent up for Concurrence.
Refolved, That the Sum of Forty Pounds, be Allowed and Paid out of the Publick Treafury to Mr. John Flagg, Door-keeper to His Excellency the Governour and Council, and this Court, for his Service the Year paft, ending the 26th Day of June laft. Sent up for Concurrence.
A Meffage from the Board by Eliakim Hutchinfon, Andrew Belcher, and Addington Davenport Efqrs; Moving the Houfe to Grant an Allowance to Mr. Agent Dummer at this time. It being more than a Year fince any Allowance had been Granted to him.
A Meflage fent up to the Board by Capt. Chambers, and Capt. Fullam, That the Houfe have already Voted to Refer the Confideration of Making an Allowance to Mr. Agent Dummer, to the next Sefliion. And defire if the bufinefs of the Sefl[ion be finifhed that the Court may Rife.
Who Return'd, That His Excellency defired the Houfe now to Confider Mr. Dummer's Service, as they ufe to do.
A Meffage from His Excellency the Governour by Edmund ^incey Efq; That Mr. Speaker and the Houfe do now Attend Him in the Council Chamber.
Which they did accordingly, and His Excellency Prorogu'd the Court, to Wednefday the 28M Day oi September next, at Ten a Clock in the Forenoon.
BOSTON: Printed & Sold by 25. d^reetl. 17 15.
MINUTES
Of the
Governor and Council
flo^emhet & December, 17 15
[59] Anno Regni Regis GEORGII Secundi
MINUTES
of the
Governor and Council
At a Great & General Court or Affembly for his Majeftys Province of the MafTachufetts Bay in j^ttD CnglatltJ begun & held at BottOtl upon Wednefday the twenty fifth of JvlSip 1715- And continued by feveral Prorogations to Wednefday the twenty third of jBtOtJEIllutt following, & then mett, Being their fourth Seffion.
Wednefday Novem' 23. 171 5
Prefent in Council. The Honble William Tailer Efq' Lieu. Gov'.
Eli/ha Hutchinfon Sam'. Sewall Jqfeph Lynde Eli". Hutchin/on Andrew Belcher
John Appleton Edw'' Bromfield Efq: John Cujhing John Higginfon Nath'. Norden .
Benj' Lynde John Clarke Efq: Addin Davenport Thomas Fitch Sam'. Browne
Efq:
AMeflage by John Cujhing, Nath'. Norden & Addington Davenport Efq: to the Reprefent", To Acquaint M: Speaker & the Houfe, That the Lieul Governour & Council are fitting; And that the Honourable the Lieu- tenant Governour expe6ls their Attendance on him forthwith in the Council Chamber.
M: Speaker & the Reprefent"' being accordingly come up; The Hon".' the Lieu! Govern: made a Speech in the Words following, viaf.
GENTLEMEN, "\7'OU are fenfible His Majefty has been gracioufly pleas'd to Appoint his Excel- •*■ lency Col. BURGES Governour of this Province; His Comiffion has been lately Publifli'd here, but fome Important Affairs detain him ftill in England, and he may not be expeded here before the Spring ; Which makes it my Province to meet you at this Jundlure, tho' later than ufual, but I do it with great Satisfa(5lion, becaufe I am well afTur'd of your Loyalty, and Affedlion to His prefent Majefty, and your Zeal for the Proteftant Succeflion, which leaves no room to doubt but that you are come together with full Difpofitions to Maintain the Honour of the Crown, and to promote the Intereft and Weal of His Majefty's Good Subje<5b in this Province.
The great and infupportable Difficulty we now labour under with refpedt to our Trade, deferves your confideration this Seffion, and I hope you will find out fome way for the Support and Increafe of it.
G In
[6o]
In your former Seffions you were pleaf'd to give dire6lions for the Reception of your Governour then Expefted. In his Letter to the Council he has affur'd them that he has nothing fo much at heart as the Welfare and Intereft of this Province; You have in return the beft Opportunity now of fhowing your good Inclinations to him by timely providing a Suitable Houfe for him, which he has Signified to me would be very Acceptable to him, and which you may Exped: he may requite in his readinefs to Serve you on all Occafions.
His Majefty has been pleafed likewife to Appoint Mr. Woodward Secretary of this Province, which with the Charadler of his Excellency Col. B URGES has been pleaf'd to give me of him, as likewife my Perfonal Knowledge of him fince his Arrival, makes me with the greater freedom Recommend him to you for your due Encouragement.
You cannot Oblige me more than by giving me an Opportunity to Serve my Country, therefore what neceffary Laws for the Good of the Province you may fee caufe either to Revive, or Enadl, You may be fully affur'd of my ready Concurrence to them, while I have the Honour to Serve to my prefent Station : Thefe and all other Matters referred to this prefent Seflion, will, I hope by your Application, and Unanimity be fo difpatch'd, as will in a fhort time bring it to a happy Conclufion.
W. Tailer.
The Honble the Lieu' Govern' having ended his Speech deliver'd a Copy thereof to the Speaker & difmiffed the Houfe to their bufinefs.
John Appleton, John Higginfon, John Cufhing, Nathl Norden, Benj'. Lynde & Samuel Browne Efq' feverally took the Oaths appointed by A61 of Parliament to be taken inftead of the Oaths of Allegiance & Supremacy, Repeated & Subfcrib'd the Teft or Declaration took the Oath of Abjuration, & the Oath of Councellour, as the Law diredls.
A Meffage from the ReprefentT by Cp! Oliver Noyes & William Payne that the Houfe defire the Perufal of the Book wherein the Govern' Lieu'. Governf & Secre- tarys Comiflions are recorded.
Which was fent in accordingly.
Adjourn'd to To morrow at Ten in the Morning.
Thurfday Nov. 24. 17 15.
Prefent in Council
The Hon"!' William Tailer Efq! Lieu. Govern^
Wait Winthrop Elijha Hutchinfon Sam'. Sewall Jofeph Lynde Elia"' Hutchinfon John Appleton
^Efq!
John Higginfon And" Belcher Edw^ Bromfield John Cufhing Nath'. Payne Nath'. Norden .
Benj' Lynde John Clarke Addin Davenport ' Efq- Tho- Hutchinfon
"Thomas Fitch Samuel Brown
'Efq:
AMeflage from the ReprefentT by Cpt. Oliver Noyes & M' Eli/ha Cook requeft- ing that an account of Colonel Edmund Goffes Proceedings at Annapolis-Royal may be laid before them.
The following Order pafs'd in the Houfe of Reprefent! Read & Concur'd. Upon Reading the Petition of Jo^w Nelfon of Bojion in the County oi Suffolk, fet- ting forth that John Cotta Jun' & Sarah his Wife, Bethia, Martha & Dorothy Wharton, Spinfters, all of Bojlon aforefaid at the Inferior Court of Common Pleas for the faid County of Suffolk held at Bq/lon on the firft Tuefday oi July 1714, Com- menced an A6tion or Plea of the Cafe againft your Petitioners, fetting forth that whereas they the faid Cotta &" by a Letter of Attorney impowered your Petitioner to
fell
[6.]
fell & difpofe of an Eftate in Land to them belonging in the Colony of Rhoad-IJland to their beft Profit & Advantage & to render a true Account of the Proceedings therein to the faid Cotta &f And they in fadt faid that your Petitioner by Virtue of the faid Letter of Attorney had fold & difpofed of the faid Lands for near Three Thoufand Pounds, as it was faid, neverthelefs the faid Petitioner tho' often thereto requefted by the faid Cotta &" utterly neglefted & refufed to render a juft & true Account thereof, & to pay what of right belong'd to them out of the Proceeds of the s'' Lands to their Damage One Thoufand Pounds, And your Petitioner gave Bond to appear at & abide the Judgment of faid Court, w*" Adlion was continued to 05iober Court then next following. But by Reafon of the Demife of the late Queen, When it was fuppof'd all Adions at that Court would fall, yet they were continued to the firfl, Tuefday of November. When by Reafon that your Petitioner lived upon an Ifland, & the then Extremity of the Weather, he could not appear, but made default, and Judgment was render'd againft your Petitioner to render an Accompt within one month afterwards, or pay the Sum of Five hundred Pounds, & Cofts of Suit, And your Petitioner fheweth that being altogether unacquainted with the Judgment afore- faid, Did not Render an Accompt, Purfuant thereunto. Whereupon Execution was taken out againft him for the Five hundred Pounds & Cofts ; And as foon as your Petitioner had Knowledge thereof. He prefented an Accompt to the s'' Cotta &", Whereby it plainly, truly & honeftly appears. That there is not one Penny due to the faid Cotta &^ And tho' your Petitioner has fundry times offer'd to fubmit his Accompt to any impartial Men, & give fecurity to pay what they fhall find due to them, yet they are fo unreafonable that they will not accept thereof. But take Advantage of your Petitioners Latches, and will not be fatisfied with any thing lefs than the faid Five hundred Pounds & Cofts, And Profecute your Petitioner with their Execution, That he cannot go about his lawfull Occafions. Now for afmuch as your Petitioner can have no Remedy at Law, to be reliev'd in the Premifl"es without a new Tryal, By Reafon of his not appearing & Pleading to the faid A6tion, Your Petitioner therefore humbly Prays, That a new Tryal may be granted, & that he will be ready to pay to the faid Cotta &" whatever fhall be found due on a full & fair Hearing, and that in the mean time Execution againft him may be fufpended &'
Ordered^ That the Petitioner ferve "John Cotta Jun' Bethia, Martha & Dorothy Wharton with a Copy of this Petition, That they may {hew Reafon, if any they have, why the Prayer thereof (hould not be granted, on Tuefday next at Ten o Clock Forenoon. And that in the meantime the ferving of the Execution be fufpended.
Confented to, Wf Tailer.
A Meflage from the Reprefenf" by M' Elijha Cooke, M' William Payne, & M' Jonathan Remington, Defiring the Concurrence of the Board with them in the Choice of four new Councellours to fill up the Vacancy, there being that number wanting.
A Meffage to the Reprefent"' by Addington Davenport & Sam\ Brown Efq', That the Board will concur with them in filling up the Vacancies, If they do not fee caufe to defer it, on Confideration that the Reprefent"" for the Province of Main are not prefent.
Upon which a Meflage was fent from the Houfe by M' Parfons & M' Epps, That the Reprefent'f defire, that the Ele(5lion of Councellours to fill up the Vacancies be defer'd till Tuefday next at ten o Clock in the morning.
The following Order pafs'd in the Houfe of Reprefent'", Read, & Concur'd with an Amendment ; viz'.
Upon Reading a Petition of Stephen William Samuel Williams, Edw'' Dor, John Mayo, John Bowles & John Holbrook Feoffors in Truft for the Overfight & Manage- ment of the free School in the Town of Roxbury, Setting forth that the faid free School is one of the moft ancient & famous Schools in this Province, Where by the favour of God more Perfons have had their Education, who have been, & now are, worthy Minifters of the everlafting Gofpel, than in any, we may fay, than in many
Towns
[62]
Towns of the Bignefs, in this Province, Whereby (your Petitioners humbly beg leave to fuggeft) the faid Town hath well deferved of the Publick, and the Hon"° General Court were pleaf'd at their Seffion in OElober 1660, fo far to confider faid School as to make a Grant of Lands towards the maintenance of it in the Terms following, viz'. The Court judgeth it meet to grant to the Town of Roxbury Five hundred Acres of Land towards the maintenance of a free School (an attefled Copy whereof is here- with exhibited) w*" Grant your Petitioners cannot find was ever laid out (altho they have made diligent Enquiry) and they are well affur'd It hath never been by your Petitioners ; Therefore now humbly pray to perfed: & make efFe(5lual the pious Intention of the former Grant, by allowing your Petitioners to protrad & take up the afore Granted Tra6b of Five hundred Acres of Land by a Skilful Surveyour & Chainmen under Oath, in any Place within this Province not yet granted, at the Charge of the faid School, And prefent a Plat thereof to this Honour"" Court for their Allowance & Confirmation, for the ufe & Benefit of the s"* School for ever ;
Ordered, That the Prayer of this Petition be granted, Provid'd the faid Grant has not been fatisfied & laid out heretofore. The Petitioners to prefent their Plat for Confirmation, at or before the Seffion of this Court in Autumn next; Provided like- wife that it be not taken up between the Purchafe of Moguncoy & Sutton.
Confented to, W" Tailer.
This Day being appointed for the Hearing the Petition of Sundry of the Eafterly Part of the Town of Bridgwater ;
Ordered, That the Hearing be deferr'd to Wednefday the feventh of December next, and that the adverfe Party be ferv'd with a Copy of this Order. Concur'd by the Reprefent'"
Confented to, W"" Tailer.
Adjourn'd unto To Morrow at ten a Clock in the Morning.
Friday Nov 25 17 15
Prefent in Council.
The Hon"" fVilliam Tailer Efq' Lieu Govern'.
Wait Winthrop Elijha Hutchinjon Sam'. Sewall Jofeph Lynde Eli"' Hutchinjon Thomas Hutchin/on
.Efqr
John Appleton John Higgin/on And^_ Belcher Edw'^ Bromjield John Cujhing Sam' Brown
Efq-:
Nath. Payne Nath'. Norden BenJ" Lynde John Clarke Addin Davenport Thomas Fitch
► Efqr
COlo. Thaxter brought up M[ Agent Dummer's Letters &" directed to John Burrel Efq' Speaker which he receiv'd in the Recefs of the Court: And were all feverally Read at the Board.
The following Order pafs'd in the Houfe of Reprefent"', Read & Concur'd, viz'.
Upon reading the Petition oijohn Legg Efq', Cap' Edward Brattle, Richard Skinner, Richard Trevot, Eleazer Ingojs, John Stacey, John Hofman, John Palmer & Jeremiah Getchel, a Committee for Marblehead in behalf of themfelf & thofe whom they repre- fent, fetting forth that the faid Town oi Marblehead being of late years by the good Providence of God greatly increaf'd, Infomuch that the Inhabitants cannot poffibly with any Conveniency affemble together in one Place or Houfe for the Publick Worfhip of God, and a fecond or new Meeting Houfe hath for fome time been tho't convenient & neceffary. Whereupon the Petitioners & their Affociates (being mov'd as they truft by a good Principle, & not in the leaft from any Difaffeftion to the Rev. Paftour & Church of Chrift with whom they have hitherto affembled) on the fifth day of February laft folemnly agreed upon feveral Articles referring to the
building
[63] v."
building a new Meeting Houfe in the faid Town of Marblehead for the Publick Worfliip of God, the Advancement of Religion, & the Eafe & Comfort of themfelves & Families, & all fuch as fhall fucceed them with a particular regard to the Rev"* M' Edward Holy oke for their intended Minifter, As may be feen by a Copy of the Articles of Agreement, Of all which the faid Town oi Marblehead 'w^x^ very well acquainted, and fo far fatisfied in, as on the fourteenth Day of March laft paft to come to the following Refolutions ; vix'. That the Town gives their Confent & Liberty to the Undertakers for building a new Meeting-Houfe in this Town, The faid Undertakers doing it at their own Coft & Charge, & the Town as a Town not to be burthen'd or charg'd therewith, Alfo in the Interim until the New Meeting Houfe be built & finifh'd, M' John Bernard & Edward Holyoke be the two Gentlemen of the Miniftry to help & affift the Rev'd M' Sam' Cheever the Minifter of this Town in Preaching the Word of God to the Inhabitants in their turns, And that the faid M' Bernard & M' Holyoke be maintain'd at the Town Charge out of the Publick Treafury of the Town as formerly, or as can be agreed for : — Purfuant to which Articles under the Countenance & Encouragement of the Town of Marblehead by their Votes, the Petitioners have with great Diligence & Pains & Expence, raif'd & upon the matter finilhed a large, fair & convenient Meeting Houfe or Church every way fitted for the Ufe & Service before mention'd & intended, & were under juft Hopes & Ex- peftations that their Fathers, Brethren & Neighbours of the Town of Marblehead would according to their good Beginning have gone on & held out in Affifting & Encouraging their lawfull commendable & indeed neceffary Defign as aforefaid. And therefore it is with great Unwillingnefs & Grief of Mind that they are under a Neceffity of laying their Complaint & Reprefenting their Condition to the Great & General Court, And that at a Town-meeting of the Inhabitants of Marblehead on the twenty (ixth day of September laft there was Voted a Salary of Eighty Pounds ^ Annum to be paid to the Rev'' M' John Bernard the chofen Minifter of the Town, fo long as he remain & continue a Minifter there, to be paid out of the Town Treafury by Order of the Seleft Men of the faid Town, Againft which Votes the Petitioners for themfelves & their Aflbciates, who are a very confiderable number, offered two feveral Petitions or Protefts in writing, one of which was refuf'd to be read, & the other tho' read, had no Anfwer made to it, contrary (as the Petitioners fuppofe) not only to Chriftian Charity, but to the Rules of common Juftice, and the Ufage & Pradiice of Towns in fuch cafes. So that your Petitioners have very little Reafon to expeft any manner of Relief under their deplorable Circumftances, unlefs it be from the Hon*"!' General Court: — Humbly Reprefenting (i) That not only in the Judgment of the neighbouring Towns & People, But in the Judgment of the Inhabitants of Marblehead it felf, They are grown fo numerous as to be able com- fortably to fill two Houfes for the Publick Worfliip of God, And that in the manner & method of the Eflabliftied Churches & Congregations of New England. (2) That the Petitioners humbly hope & believe by the favour of God handfomely & Com- fortably to fupport the Charge of the Miniftry by & among themfelves, & fliall be very willing & thankful to be allowed fo to do. (3) That they have always declar'd themfelves to be & ftill are willing fo long as the Rev** M! Cheever their worthy & faithful Paftour fliall live to be at their full Proportion of Charge toward his Honorable maintenance. (4) That they humbly hope that the Hon*".'' Court will be of Opinion, That fo foon & fo long as they fliall fupport a Minifter of the Ordi- nances of the Gofpel by & among themfelves at their own fole Charge (which will be very confiderable) they ftiould not befides & added to all that, be oblig'd to fupport any Afliftant or Succeflbur to the faid M' Cheever; (5) That they doubt not but the Hon"' Court will think it very hard & unreafonable. When they were firft encourag'd by a Vote of the Town to build a new Meeting Houfe They fliould now have that Grant of the Town encumbered & in a Sort defeated by Laying a Burthen upon the Petitioners which was not then fo much as thought of; (6) That they fuppofe it to
R be
[6+]
be againft the Rules both of God & Man, That when they regularly & honourably fupport an Orthodox Minifter of their own. They fhould be oblig'd to pay any Thing towards the Maintenance of a Minifter of another Church, & under whofe Miniftry they are not to be. And forafmuch as there are feveral diftind; Precinfts or Congre- gations in feveral Towns in this Province, efpecially in Bo/ion, Where with great Eafe Freedom Juftice & Cheerfulnefs they maintain their feveral & refpeftive Minifters; — That the Petitioners do humbly pray that the Hon*"!' Court will be pleafed to take their Cafe into Confideration & either make them a diftindl & feparate Parifti or Order the whole Charge of the Minifters of M' Cheever's Church as it is called, & that built by the Petitioners to be aflefs'd & laid in Common upon the Inhabitants of the faid Town attending the faid Churches, or allow the Inhabitants or People of each refpeftive Church or Congregation by Subfcription or Contribution to maintain their refpedive Minifters.
Ordered, That the Petitioners ferve the Town o{ Marblehead with a Copy of this Petition, That they may fliew Reafon (if any they have) to this Court on the feventh Day of December next, why the Prayer thereof ftiould not be granted.
Confented to, W" Tailer.
The Survey of Ten thoufand, two hundred & forty Acres of Land being the contents of Four miles Square lying at the South Weft Corner of the Hadly Town- fliip, & is defcrib'd by a Plan there of. And adjoining to the faid Townfhip oi Hadly on the North, on Conne£licutt River Wefterly, & on Springfield Southerly, by John Chandler Jun!
Ordered, That the faid Plat be accepted, & the Land therein contain'd be con- firm'd to the Town of Hadly as the Fulfilment of the Grant of Four Miles Square of Land made to them by the General Court in May One Thoufand fix hundred & eighty three.
W? Order aforefaid being pafs'd in the Houfe of Reprefenff was Read & Con- curr'd in Council.
Confented to, W"" Tailer.
Upon Reading the Petition of Charles Greenfield of Amejbury fetting forth, That at the laft court of Affize Sc"" holden at Salem in the County of Effex in November Inftant he difcov'd & bro't to Juftice one Henry 'Trujfel of Amejbury for Altering & Encreafing one of the Bills of Credit of this Province, viz', a four fhilling Bill into a Forty fliilling Bill, of which Crime the faid Henry Trujfel was convided, For which publick Service, he hop'd to have receiv'd a Reward of Fifty Pounds men- tion'd in an Aft of this Province againft Counterfeiting Bills of Credit, But the Hon"' Judges of the faid Court of Affize &' being of Opinion that the faid Reward concern'd only making or altering counterfeit Bills from off a Plate, The Petitioner makes Application to the Great & General Court, Humbly hoping they will take his fervice into Confideration & allow him fome Reward for it.
In the Houfe of Reprefenf" Refolved, that the Sum of Fifteen Pounds be allowed & paid out of the Publick Treafury to Charles Greenfield the Petitioner in Confideration of his good fervice to the Publick mention'd in his Petition : In Council ; Read & Concur'd.
Confented to, W" Tailer.
A Plat of Land containing Seven hundred acres formerly granted to the Rev"! M' John Higginfon, Beginning upon a Pond formerly call'd Haverhill Pond, lately called Policy Pond, There being fome White Birch Trees mark'd H & an Heap of Stones, one of which Stones is alfo mark H, From thence running South upon Haverhil Line Seven hundred & thirty Poles to a Pitch Pine ftanding in Haverhil Line, the Top of which is broken of[f], & is mark'd with two Hs & fome Stones fett about it, one of which is likewife mark'd with the Letter H, and then running from thence North Four hundred & fixty five Poles, to the Pond above mention'd, Where is a Hemlock Tree mark'd with the Letter H the crofs way, & an heap of Stones by
the
[65]
the faid Tree, w? is mark'd with the Letter H, and from thence along the Pond to the Bounds above mention'd: — Upon which Piatt of Land the following Vote pafs'd in the Houfe of Reprefent. July 21, 17 15, viz'.
Ordered, that the Land laid out & protra6led in the Plat be confirmed as the feren hundred acres formerly Granted to the late Rev'* M' John Higgin/on, Provided it entrench not upon any former Grant.
Which Order was this Day reviv'd & fent up, and In Council ; Read & Concur'd.
Confcnted to, W" Tailer.
Saturday Novf 26. 17 15.
Prefent in Council.
The Hon"" fVilliam Tailer Efq' Lieu. Gov'
JVait Wintrop Elijha Hutchinfon Sam' Sewall yojeph Lynde Eli" Hutchinfon
John Appleton John Higginjon Efq' Edw' Eromfield \ Efq'
Andrew Belcher i Nath' Payne J
John Cujhing Nath. Norden John Clarke Addin Davenport Thomas Fitch
Efq'
TN the Houfe of Fleprefent"* ; Refolved, that the Sum of One hundred Pounds ■*■ be further allow'd & paid out of the Publick Treafury to D' Thomas Oaks, w.*" with the Sum of Three hundred & fifty Pounds heretofore paid him is in full for his fervice as Agent for this Province at White-Hall from December One Thoufand fix hundred & eighty nine, to Otlober One thoufand fix hundred & ninety two.
In Council; Read & Concur'd;
Confented to, W" Tailer.
Upon Reading the Memorial of Elijha Cook Efq' of Bojlon in the County of Suffolk, Setting forth, That in the Month o( December One Thoufand fix hundred & eighty nine, The Won}'^' Elijha Cook Efq' Father to the Memorialift was by the then General Court of the Colony of the Maffachujetts Bay conftituted & appointed one of their Agents, to tranfadt & manage their Affairs at the Court oi England, & in the month oi february following proceeded on his Voyage there, Where he continued in that fervice till the Month of OSlober One thoufand fix hundred & ninety two, almoft three Years, All which time to the utmoft of his Skill & bed ability, he conflantly faithfully & induftrioufly ferved his Country, tho to the very great hurt & damage of his own particular Eftate by being fo long from his family, & confequently to his Lofs in his Praftice as a Phyfician, which he then uf 'd & apply'd himfelf to, and in as much as he never receiv'd more than One hundred & fifty Pounds, w!" is much lefs than he would have gotten in one year had he remain'd at home by his Pradlice ; Praying the Hon""'' Court to take the Premifes into their Confideration, & make fuch further Recompence & Satisfaftion for his Father's Service, as they fiiall in their great Prudence think meet & reafonable.
In the Houfe of Reprefent"' Refolved, that the fum of Three hundred Pounds be allowed & paid out of the Publick Treafury to M' Elijha Cook the Memorialift for the Heirs of Elijha Cook Efq' Dec? W" with the fum of One hundred & fifty Pounds already paid, is in full for the Service of the Memorialift's Father in his Agency for this Province, from December One thoufand fix hundred & eighty nine to October One thoufand and fix hundred & ninety two.
In Council, Read & Concur'd.
Confented to, W" Tailer.
Upon Reading a Petition of feveral of the Inhabitants of the Eaft End of Taunton North Purchafe, Setting forth. That it being formerly referved by the General Court in their Grant of a Townfhip that one Half Part of Taunton North Purchafe (namely
the
[66]
the Eafterly Part thereof next to Bridgewater fhould be & belong to the Inhabitants thereof to make a diftindt Plantation as foon as the Court fhould judge them able & fitt to have the Privilege of a diftindt Village or Plantation granted them ; The Petitioners notwithftanding their Poverty & the fmall number of their Inhabitants humbly Praying that they may be formed into a diftind Town, & that they may have the Privilege of a Townftiip Granted to them.
In the Houfe of Reprefent"' Ordered, that Sam' 'thaxter, Jojiah Ed/on & George Leonard Efq' be a Committee to enquire into the State and number of the Inhab- itants, the Extent & Quality of their Lands, & Whether they be fit to be eredled into a Townfhip or Precinft, And make return to this Court in May next, the Petitioners to bear the Charge of the Committee.
In Council; Read & Concur' d.
Confented to, W"" Tailer.
An Accompt of Torn & Defaced Bills of Credit deliver'd to the Committee appointed for Burning the fame.
962^ — 1 g6 £ 6
9131^ — 2.6 114 3 9
496^ — 3 74 10 3
]H— 3-6 119 13
579 — 4 115 16 -
1443 — 5 360 15 -
1970 — 10. 985 - -
1878 — I. 1878 - -
1242 — 2. 2484 — —
317 — 2.10 792 10 -
411 — 3- ^^33 - -
^°3%— 5- =^016 5 -
10269 ^^ 7
Province Bills of the New Impreffion.
1381^ I. 6 18 3
94/^ 16 719
895^ 2 8 19 -
75 2 6 976
45^ 3 6 15 9
36 5 9 - -
28 10. 14 - -
21^ I.- 21 15 -
32.- 6 - -
89 17 3 10269 18 7
/10359 15 10
Upon Ace" of Bills Exchang'd 2209. - 2
Bills rec'' for the Province Galley 1582. 7: 6
Upon the Province Acc° in Nett Bills 6568. 8. 2
Adv* thereon at 5 IP Cent 328. 8 4
/10.688 42
In Obedience to an Order of the Great and General Court at their Seffions in May 1715. Appointing Us the Subfcribers a Committee to take an Accompt of torn & defaced Bills of Credit &f We have accordingly receiv'd of M' Treafurer Allen the feveral Bills of the Denominations mentioned in the within Accompt, amounting to the Sum of Ten thoufand three hundred fifty nine Pounds fifteen fhillings and ten pence at their exprefs'd Value; All of which Bills We have con-
fum'd
[67]
fum'd to afhes. Whereof fix thoufand five hundred and fixty eight Pounds eight (hillings & two pence. Part of the abovefaid fum were deliver'd us upon the Province Acc% as being receiv'd for Taxes Import & Excife, Which with the Adv' of 5 V Cent, as they were taken into the Treafury, amount to the Sum of Six Thoufand eight hundred & ninety fix Pounds fifteen fhillings & fix pence, Alfo Two Thoufand two hundred & nine Pounds & two pence Nett Bills as being exchang'd in the Treafury, And One Thoufand five hundred eighty two Pounds feven fliillings & fix pence Nett Bills, receiv'd for the Province Galley, making in the whole. Ten Thoufand fix hundred eighty eight Pounds four fhillings & two pence. As Witnefs our Hands this fifteenth of O£lober, 17 15.
"Thomas Fitch W" Payne
Adam Wintrop Elijha Cook
Oliver Noyes Cha. Chambers
Read & Accepted, and
John Clarke Addin Davenport Tho. Hutchinfon
In the Houfe of Reprefent'
Order' d That the Treafurer be difcharg'd of the Sum of Ten Thoufand fix hun- dred eighty eight Pounds four fhillings & two pence. In Council; Read & Concur'd.
Confented to, W" Tailer
Adjourn'd until Monday at three o Clock in the Afternoon.
Monday Nov. 28 17 15
Wait fFintrop ^ Sam' Sewall Jo/eph Lynde Eli" Hutchinfon^
Prefent in Council The Hon"!' fVilliam Tailer Efq' Lieu Gov'
Efq'
John Appleton Andrew Belcher Edw* Bromfield John Clarke
Efq'
Addin Davenport Nath' Payne Tho. Hutchinfon Tho- Fitch
Adjourn'd to To Morrow at Ten o Clock in the Morning.
Efq'
Tuefday Nov' 28. 17 15
Prefent in Council.
Wait Wintrop Elijha Hutchinfon Sam' Sewall Elia" Hutchinfon Jo/eph Lynde
The Hon"" William Tailer Efqf Lieu Gov'
John Appleton ^ John Clarke
Andrew Belcher I Addin". Davenport
Efq' Edw^ Bromfield \ Efq' Thomas Hutchinfon
Nath' Payne
Thomas Fitch Edmund ^incey
Efq'
A Hearing of the Cafe between John Nelfon Efq' & John Cotta &' was this day had before the whole Court. A MefTage from the Reprefent'" by M' Remington, That the Houfe defire that the Choice of Councellours appointed this day to be made, may be deferr'd to Thurfday next in the Afternoon, Several of their Members not now attending by reafon of the Extremity of the Weather.
Upon Reading a Petition of William Williams of Weflon in the County of Middlefex Clerk, Importing that he humbly addreffed the Great & General Court or Affembly at their Seffion in June lafl, Praying that he may be rewarded for his Ser- vice in attending upon the Gentlemen Commiflioners in their Journey to New York in the Service of the Government, whom he ferved as their Chaplain & Clerk & was at
S extraordinary
[68]
extraordinary Expence for an Horfe &% for fix or feven Weeks in the faid Service, as appears more fully in his Petition aforefaid, — That his faid Petition happened tp be read when fome worthy Members were abfent, who were well acquainted with his Service, Humbly hoping that the General Court will be pleaf 'd to take his Cafe & Service into Confideration, & make him fuch Allowance as they fhall think meet ;
In the Houfe of Reprefent"', Re/olved, that the fum of Ten Pounds be allowed & paid out of the Publick Treafury to the Rev"* M' William Williams in full for his Service mention'd in his Petition.
In Council ; Read & Concur'd.
Confented to, W" Tailer,
Edmund ^incy Efq' took" the Oaths appointed by Act of Parliament to be taken inflead of the Oaths of Allegiance & Supremacy, Repeated & Subfcrib'd the Teft or Declaration, Took the Oath of Abjuration & the Councellours Oath : All which Oaths & Declarations were taken & subfcrib'd by Nath'. Payne Efq' upon Thurfday laft the 24'!' of this Inftant.
Adjourn'd to To Morrow Morning at Ten o Clock.
Wednefday Nov' 30. 1715.
Prefent in Council.
The Hon"." William Tailer Efq' Lieu Gov'
Wait Wintrop Eli/ha Hutchinjon Sam' Sewall Jqfeph Lynde Eli" Hutchinfon
John Appleton ^ And'" Belcher Efq' Edw^ Bromfield
I/aac Winjlow Nath'. Payne
John Clark Addin Davenport >■ Efq' Thomas Fitch
Tho' Hutchinfon Edm^ ^incy
Efq'
THe Hon"' Lieutenant Governour appointed next fryday feven night for the nomination of Civil Officers, And a General Council was intimated for that
Purpofe.
Adjourn'd to To Morrow at Ten o Clock in the Morning.
Thurfday Dec' i. 17 15
Prefent in Council.
The Hon"" William Tailer Efq' Lieu. Govf
Wait Wintrop Elijha Hutchinfon Sam' Sewall Jofeph Lynde Eli" Hutchinfon John Appleton
hEfq'
And" Belcher Edw^ Bromfield Ifaac Winjlow Nath'. Payne Nath'. Norden
Efq'
John Cu/king John Clark Tho' Hutchinfon Addin Davenport Thomas Fitch Edm^ ^incy
VEfq'
UPon Reading a Petition of Hugh Pike., Importing that in the Year One thoufand {even hundred & feven being engaged -in her late Majefty's & his Countrey's Service in the Expedition to Port Royal in the Poll of an Enfign to the Hon"" Colo Walton, And that in the faid Service he was unhappily wounded by the Enemy, Which depriv'd him of the ufe of one of his Leggs, w" hath render'd him wholly uncapable of Contributing any thing to the Subfiftence of him felf or family for diverfe years paft, That he has already had fome Allowance in the nature of a Penfion, which he is very thankful for, that he is now under Confinem' in the Prifon of Bojlon for Debt in a moll miferable Condition, And that he moll humbly
Prays
[69]
Prays the Hon'''' Court will be pleaf'd to take his cafe into their Confideration, & grant him fuch Relief as in their great Wifdom they (hall think, fit.
In the Houfe of Reprefent"', Refolvedy that the Sum of eight Pounds be given to the Petitioner, and that D' Ellis take care of him in his prefent Exigency.
In Council; Read & Concur'd.
Confented to, W" Tailer.
A Plat of the Townfliip of Rutland Ninety three Thoufand one hundred & fixty Acres, Including One thoufand Acres for M' Sewall furveyed by William Ward Sworn Surveyor & Ephraim Wilder of Lancafter & Daniel Stow of Sudbury Chain men under Oath in the Month of October One thoufand feven hundred & fifteen. And is defcrib'd as follows, viz', (a White Oak from C to B 1920 Rods, — from B to A is 1200 Rods, from A to F 2340 Rods, at F a Pine Tree & Stones; from F to E 3230 Rods, at E Stones near a little Oak, From E to D 4080 Rods, at D an Afh Tree in a Swamp, from D to C Run by M' Hayners 3421 Rods.
In the Houfe of Reprefenf", Ordered, that the Land defcrib'd & delineated in the Plat prefented laid out & protra(5led by William Ward Surveyor be allowed & confirm'd to be the Townfhip of Rutland, and that the Fee & Property thereof be veiled & fettled, Purfuant to the Order of this Court part in February, Anno One Thoufand feven hundred & thirteen, Whereby the Town of Rutland vtzs firft granted Referving to the Province the Thoufand Acres referv'd & laid out in the faid Plat to that End, and to particular Perfons fuch Prior Grants as are contain'd therein.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
Daniel Epps Efq' Coll. Adam Wintrop & M' William Denijon a Committee of the Reprefenf" brought up the Votes of that Houfe for the Election of Councellour to fill up the Vacancies, And with Sam^ Sewall, Addin'. Davenport Efq' & M' Secretary Woodward, a Committee appointed by the Board attended the numbering & forting the Votes of both Houfes; But the Eleftion not being finifh'd at twice Voting,
The Reprefent"' fent a Meffage by M' William Payne & Cap' Chambers Defiring that the Election of Councellours may be referr'd till to Morrow Morning: To which the Board Concur'd.
I/aac Winjlow Efq' took the Oath appointed by Adl of Parliament to be taken inllead of the Oaths of Allegiance & Supremacy, Repeated & Subfcribed the Teft and Declaration, And took the Oath of Abjuration & the Councellours Oath.
Adjourn'd unto To Morrow at Ten o Clock in the Morning.
Fryday Dec' 2. 17 15
Prefent in Council.
The Hon"" William Tailer Efq' Lieu Gov'
Wait Wintrop Elijha Hutchinfon Sam' Sewall Jofeph Lynde Eli" Hutchinfon John Appleton
Efq'
Andrew Belcher Edw^ Bromfield Ifaac Winjlow Nath'. Payne Nath'. Norden
Ufq'
John Cufhing John Clark Addin: Davenport Tho' Hutchinfon Thomas Fitch Edm^ ^incy
^Efq'
'T^He fame Committee, w" was yefterday appointed for Numbering & Sorting the ■^ Votes for Councellours, attended this day until the Ele6lions were finiflied. Upon Reading the Petition of Thomas Wabon & Solomon Thomas in Behalf of themfelves & all other the Proprietors & Inhabitants of the Indian Plantation of Natick within this Province, Importing, That whereas the Gentlemen of the Com- mittee for the Purchafe of the Lands of Moguncoy having confummated that Matter,
as
[7°]
as may appear under the Hands & Seals of the Committee bearing Date the eleventh of OSfober 17 15, They do moft gratefully acknowledge the Kindnefs of thefe Gentle- men to them in that Concern, and as it hath been intimated to them by thefe Gentle- men, That they fhould have their own free Choice in the Nominating fuch Gentlemen as fhall be appointed Overfeers or Truftees in the Taking Care of & rendering to them & their Succeflbrs fuch yearly Income as they have agreed for in the aforefaid Concern of Moguncoy Lands, Humbly Praying that Samuel Sewell Efq' The Rev"! Mf John Leverett Prefident of Harvard College & Major Thomas Fitch may be Truftees & Overfeers for them.
The Sum to be managed by the Truftees for Behalf of the faid Indians is four hundred Pounds in Bills of Credit on this Province.
In Council, Read & Ordered that the Prayer of the Petition be granted, And that Mf Daniel Oliver of Bojion Merchant be added to the Truftees.
In the Houfe of Reprefent"" Read & Concur'd.
Confented to, W"" Tailer.
Upon Reading the Petition of Cp! Mathew Whipple, John Whipple, Mathew Whipple Tertius, all of Ip/wich within the New Precindl called the Hamlett in Behalf of themfelves & others. Praying that a farm called Saltonjlals farm & the neighbouring Inhabitants may be fett off to & made part of the faid Precindl: — And likewife a Petition of feveral of the neighbouring Inhabitants, Praying to be difmifled from the Town of Ipfwich & incorporated into the faid New Precin6l.
Upon which two feveral Orders were pafled in the laft May Seffions, viz'. One upon the firft of June, & the other upon the fourteenth of June.
In Council, This Day Read & Ordered that the Prayer of the Petition be fo far granted. That the farm call'd Saltonjlals farm & the neighbouring Inhabitants, who have fupplicated this Court that it may be fo, be fett off to the New Precin6l called the Hamlet, except NatH Adams who has petition'd the Contrary. In the Houfe of
Reprefenf", Read & Concur'd.
Confented to, W"" Tailer.
Adjourn'd to To Morrow at ten o Clock in the Morning.
Saturday Dec! 3. 1715.
Prefent in Council
The Hon'''^ William Tailer Efq' Lieu Gov'
Wait Wintrop Eli/ha Hutchinfon Sam' Sew all Jofeph Lynde Elia" Hutchinfon John Appleton
Penn 'Town/end And"" Belcher Edw'' Bromfield > Efq' Ifaac Winjlow Nath' Payne John Cujhing John Norden
John Clark Addin Davenport Thomas Hutchinfon y Efq' Thomas Fitch Edmund ^incy Adam Wintrop
Efq'
M'
■R Cook M' Denifon & M' Bradford ztttndtA the Hon"" Lieutenant Governour with a Lift of the Names of the four Perfons eleded yefterday to be Councellours or Afliftants with this Province to fill up the Vacancies for his Honours Approba- tion in Writing under his hand. The Secretary attefting the faid Eledions to be duly made by the Council & Reprefent""
His Honour fignified his Approbation in Writing upon the faid Lift of the four Perfons therein mention'd; w*! are, viz'.
Pen Townfend) _,. , Nath. Byfield ] ^^^
Thomas Noyes Adam Wintrop
}Efq!
The
[71]
The Report of the Committee appointed to go to Newtown to make Report of the mofl fuitable Place for the Eredling a Meeting Houfe viz'. We the Committee appointed to go to Newtown to determine & report to the General Affembly the moft fuitable Place in the s'' Town for Erefling a Meeting Houfe for the Inhab- itants of faid Town, Having been there on the ninth of June Inflant, Purfuant to a Vote of faid Town & their Petition, & view'd the Places propof'd by them for the End aforefaid, are of Opinion, That the moft fuitable Spot for Eredling a Meeting Houfe in the faid Town for Accommodation of the greateft Number of faid Inhabit- ants is upon a Piece of Land of Nath'. Parker's about one hundred & twenty eight Rods Eaft South Eaft near a Quarter of a Point Eafterly from the Center of faid Town (according to a Plan drawn & taken by M' Jqfeph Burnap Surveyour) Where there are feveral Trees mark'd on faid Spot.
Sign'd, John Otis in Behalf of the Major Part of faid Committee.
In Council, Read & Accepted, & Ordered, that the Meeting Houfe remain where it now is for the Space of Five Years, and that then a new Meeting Houfe be eredled * in fuch Place near the Center of the Town, as the Town fhall then agree upon.
In the Houfe of Reprefent"*, Read & Concur'd with an Amendment*
Confented to, WT Tapler.
Upon Reading a Petition of Jofeph Bramhal oi Bojlon Cooper, Importing, that he was imprefs'd in to the Service while he was an Apprentice in S' fFilliam Phip/'s Gov- ernm'. & afterwards was a Soldier twelve Years at the Caftle, Having been always in the Service till he was difcharged about fifteen months fince, that by his Hardfliips in the Service he contrafted the Diftemper call'd the Dry-Belly-ach, Whereby he has for the Space of ten months part loft the Ufe of his Limbs in a great meafure, & has been Bed-ridden for eleven months & unable to help himfelf, and has fpent all his Subftance upon Doftors & Medicines; Therefore moft humbly Praying that the Court will be pleaf 'd to compaftionate his diftrefs'd Condition.
In the Houfe of Reprefent"' Refohed, That the Sum of Five Pounds be allowed & paid out of the Publick Treafury towards the Relief of the Petitioner & that Coll Jdam JVintrop be defir'd to receive the fame, & expend it as he ftiall think moft for the Benefit of the Petitioner.
In Council ; Read & Concur'd.
Confented, W" Tailer.
Upon Reading the Petition of John Staples Treafurer of the Town of Newtown, Importing, That whereas the Inhabitants of the faid Town did agree with the Rev.'' M' Cotton to give him One hundred & fifty Pounds in Money for his Settlement, That notwithftanding the General Court had given Orders to fett of fix families to the new Precindt in Roxbury fo long as they fliould contribute there. That My Nath' Healy who is one of the fix families did publickly declare that he did not apprehend that thefe families were by the General Court Order freed from paying the Settlement Rate, but only from the Yearly Salary, That the faid Mf Healy being rated accord- ingly hath freely paid his Proportion. But that fVilliam Ward & fome others of the faid fix families do abfolutely refufe to pay their Proportion of the faid Rate, By which means the faid Mf Cotton has been kept out of his juft Right above ten months. That he humbly craves the opinion of the General Court Whether thofe fix families fett of to Roxbury ftiall be oblig'd to pay the faid Settlem! Rate or not. And whether a certain fum of Money given to a Minifter to fettle himfelf withal be a proper & fufficient Settlement.
In the Houfe of Reprefenf" Read & Refolved that the faid fix families who are allowed to attend the Worfliip of God in Roxbury are difmifs'd from the Charge of the Annual Maintenance of the Miniftry at Newtown untl this Court give further Order & from no other Town Charges ; And that whereas the Town agree to give a Sum of money^to their Minifter to purchafe for himfelf a Settlement the
T Inhabitants
[72]
Inhabitants are rateable thereto: And equally as if the Town had made fuch Purchafe.
In Council ; Read & Concur'd.
Confented to, W" Tailer
Upon Reading the Petition of fVilliam Spooner, Jabez Delane, Caleb Blackwell, & others the Inhabitants of the Town oi Dartmouth, importing, That whereas M.' Samuel Hunt has been near feven years Minifter of the faid Town to their great Satisfadtion upon a very flender Salary, That all his Hearers are not able to allow him more than Thirty Pounds, That upon greater Encouragements to him from other Towns make them apprehenfive of his leaving them deftitute of a Minifter : Humbly pray- ing, that the Great & General Court would pleafe to compaffionate their Cafe, & to encourage M' Hunt to remain among them by Giving fuch an Allowance as they fhall fee meet.
In the Houfe of Reprefent"' June 15. 1715.
Refolved, that the Sum of Twenty Pounds be allowed & paid out of the Pub- lick Treafury towards the maintenance of the Miniftry of Dartmouth for the Year enfuing.
Dec'. I . Refolved, that the Vote above be revived & fent up for Concurrence ; The Year to begin in June.
In Council Dec' 3. 17 15. Read & Concur'd.
Confented to, W" Tailer.
An Accompt brought in by Jofeph Marion of Tranfcribing feveral Bills in the laft May July & Auguft Seflions & Engrofling the fame, as alfo for Engroffing the Journal of the Houfe of ReprefentT in their feveral Seflions in the Months of May, July & Auguft in the prefcnt Year 17 15.
In the Houfe of Reprefent"?', Refolved, that the Sum of twelve Pounds, fifteen {hillings & three pence be allowed & paid out of the Publick Treafury to Jofeph Marion to difcharge his Accompt.
In Council, Read & Concur'd.
Confented to, W" Tailer.
Upon Reading the Memorial of Jofeph Marion importing. That he was imploy'd almoft four years as Clerk to the Hon'''" Ifaac Addington Efq' late Secry of this Province, & that during the time of the late Expedition to Canada (in an efpecial manner) with all Diligence & Fidelity attended the faid Office by Difpatching much Bufinefs in the Affairs of the Gov! upon that extraordinary Occafion, That upon M' Addinton's Indifpofition, he was direfted to attend at the Council Board, w!" ac- cordingly he did. And by Order of the Governour & Council, aflifted in July laft paft in difpatching the publick Bufinefs upon the late Rupture with the Indians, That the Memorialift never receiv'd more than his ordinary Allowance of two ftiillings & eight pence per Diem, nor any confideration for his Service in attending at Council Board, Humbly Praying that the General Court will confider his fervice, & make fuch Allowance as they fhall fee meet.
In the Houfe of ReprefentT, Refolved, That the fum of Ten Pounds be allowed & paid out of the Publick Treafury to Jofeph Marion the Memorialift in full for his Service fett forth in his Memorial.
In Council ; Read & Concur'd.
Confented to, W" Tailer
Penn Town/end & Adam Wintrop Efq' being eledted Councellours of this Province, feverally took the Oaths appointed by A6t of Parliament to be taken inftead of the Oaths of Allegiance & Supremacy, Repeated & Subfcrib'd the Teft or Declaration, & took the Oath of Abjuration & the Councellour's Oath.
Upon Reading the Petition of Jofiah Whitcomb of Lancafter, importing, That whereas the Great & General Court or Aflembly at the Seflion in 0£t' 17 14, in con- fideration that the Land called Nafkoba Land then ordered to be made a Townftiip
was
[73]
OF THF
was purchaf'd of the Indians one Half by M' Bulkley & M' Henchman, & the other half by fVhetcomb (the Petitioner, who was fuppof'd to be dead as he is inform'd) And that one Powers did order that the faid Purchafe be confirm'd to the Children of the faid Bulkley iVhetcomb & Powers & to Cpt. Robert Mears Aflignee of M' Henchman according to their refpedlive Proportions, as by the Copy of the Order of Confirmation of the General Court will more fully appear. Humbly Praying that the General Court will pleafe to revoke the Confirmation or Grant made to his Chil- dren, & confirm to him his fourth part of the faid Land, that he may enjoy what he honeflly purchaPd, & that he may have Liberty to make Difpolition thereof accord- ing to his own Will & Pleafure.
In Council, Read & Confented to, that the Prayer of the within Petition be granted, and Ordered that the name of the Townfliip be henceforth called Littleton: — In the Houfe of Reprefent"', Read & Concur'd.
Confented to, W" Tailer.
In the Houfe of Reprefent'f, Ordered, That Cp! Noyes, M' Cook, M' Remington, Coll. Thaxter, M.'. Denifon & Cp' Chambers with fuch as the Hon"'' Board fhall appoint be a Committee to prepare & lay before the Court a Draught of an humble Addrefs to his Majefty, Humbly entreating his Royal favour upon the following Heads, viz'. That the Charter Privileges of this his Majefty's Province may be preferved : — That the Raifing & Manufacturing Naval Stores in this Province may be encouraged — That the Mifcheifs threatened to thefe His Majesfty's Planta- tions by the growing Settlements of the French at Cape Breton may be prevented.
In Council; Read & Concur'd, & Ordered That Samuel Sewall, John Clark, Addin' Davenport Efq? & M' Secry Woodward be added to the Committee to prepare the Addrefs.
Confented to, W" Tailer.
Adjourn'd unto Monday at three o'Clock in the Afternoon.
Monday Dec! 5. 1715.
Prefent in Council
The Hon"" William Tailer Efq.' Lieu. Govern?
Wait Wintrop Elijha Hutchinfon Sam' Sewall Jofeph Lynde Eli' Hutchinfon John Higgin/on Penn 'Town/end
And" Belcher Edw'' Bromfield Ifaac Winjlow ► Efq' John Cujhing Nath' Payne Benj' Lynde
Nath Harden John Clark Addin: Davenport ^ Efq' Tho: Hutchinfon Thomas Fitch Edmund ^incy Adam Wintrop.
i^Efq'
TTPon Reading a Petition of Daniel Pawning Keeper of the Powder Houfe in ^ Bojion, Importing that for fix years part he has ferv'd as Keeper of the Powder Houfe in Bojion, & conftantly attended the fame both in Receiving & Delivering out Powder, at the Times limited & direfted by the Governour's Inflruftions to him, w"! is upon Mondays, Wednefdays & Frydays, weekly from the firfl o^ March to the firft of November from ten o Clock to twelve in the forenoon, that notwith- flanding his ftri(5l Obfervance of his Inftruftions, He finds by Experience that the time limited is not fufficient, many Perfons coming in other Seafons, whereby his time is principally taken up in that Service & the Province Stock of Powder daily increaf- ing from the Impoft Office, & other Quantitys of the Merchants Powder being now Houfed & which he has himfelf turn'd once a month. That the Quantity of Powder is very great & daily increafing, w"; will put him under the Neceffity of Hiring a Perfon to aflift him in Turning it, w". will much leffen his Salary. Humbly Praying that
the
[74]
the General Court will pleafe to confider the Premifes & either enlarge his Salary or give Diredlions for feme fees to be paid by fuch Perfons as fhall attend at the appointed Hours.
In the Houfe of Reprefent'f Ordered That the Petitioner be allowed to demand & take the Sum of Jix pence for every fingle Barrel, Half Barrel, or Quarter of a Barrel of Powder deliver'd out of the Time order'd by this Court for his Attendance* For two Barrels one Shilling, & for any greater Quantity than three Barrels Two Shillings : In Council. Read & Concur'd.
Confented to, W"" Tailer.
A Plat of One Thoufand Acres of Land purchaf'd by the Rever'd John Eliot Clerk, of Roxbury Dec*!, of Woottonookin & Nahan the twenty feventh of September, 1655, & Confirm'd & Allowed by the General Affembly of the Province of the Maffachufetts-Bay to fuch of the defcendants of the faid John Eliot as are legally entituled to the fame on the 17 & 11 of ^une, 1714, as of Record appears; Which faid Thoufand Acres of Land lies Southward of & contiguous to the Townfliip of Brookfield alias ^aboag. It begins at a Popple Tree mark'd & an Heap of Stones about it about two Perch from a Pond called Pookookappoy, And thence runs by the Needle of the Surveying Inflrument Weft 27°. 00' North 402 Perch to the Stake & Heap of Stones on the Eaftward Side of a Hill, And then South 5°. 00' Weft 400 Perches to a large Heap of Stones to the Weft ward Side of a Ridge of Rocks, From thence Eaft 27°, 00' Degrees South 460 Perch, & from thence North 3°. 00' Weft 428 Perch to the Corner firft mentioned, as is defcrib'd by the Plat. Surveyed by John Chandler, Jun' Surveyor.
In the Houfe of Reprefent'f ; Ordered, that the Plat be accepted, and the Land therein defcrib'd be confirm'd to the Defcendants of the late Reverend John Eliot Dec?, Purfuant to the Vote of this Court pafs'd for that End at their Seflions in June 17 14.
In Council; Read & Concur'd.
Confented to, W" Tailer,
Adjourn'd unto To Morrow at ten o Clock in the Morning.
Tuefday Dec' 6. 1715
Prefent in Council
The Hon"'' JVilliam Tailer Efq' Lieu. Govern'
Elijka Hutchinfon Samuel Sewall Jofeph Lynde Eli" Hutchinfon Penn Town/end John Higginfon Nath Byjield
Andr Belcher Edw* Bromfield Ifaac Winjlow ' Efq' John Cujhing Nath'. Payne Nath' Norden John Otis
Benj". Lynde John Clark Addin". Davenport > Efq' Th& Hutchin/on
Thomas Fitch Edmund ^incy Adam JVintrop.
Efq'
T TPon Reading a Petition of Martin Kellog, Importing, That being an Inhabitant ^-^ of the Town of Deerfield in the Time of the great Deftru6lion of it by the French & Indians about twelve years fince, & a great Sufferer both in the Lofs of his Eftate & in the Hardfhips of a tedious & long Captivity, from which by a dangerous Adventure he efcaped, & has fince been in the Service & at all times fhew'd himfelf ready to ferve his Country, And humbly Praying that the General Court will be pleaf'd to confider his Circumftances, and make him fuch Recompence as they fhall think meet.
In the Houfe of Reprefent'", Refohed, that the Sum of Ten Pounds be allowed
&
[75]
& paid out of the Publick Treafury to Martin Kellog the Petitioner in Confideration of his uncommon Bravery & Suffering in the Publick Service.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
A Petition of Jofeph Hill being twice read was order'd to be difmifs'd.
John Otis Efq' took the Oaths appointed by A61 of Parliament to be taken inftead of the Oaths of Allegiance & Supremacy, Repeated & Subfcrib'd the Teft or Declaration, & took the Oath of Abjuration, & the Councellours Oath.
In the Houfe of Reprefent'f Voted that the Dire(5lion & Order of this Court Pafs'd at their Seffion 06lob' 1712, for the Maintenance of the Miniftry in the Town of IVatertown be punctually obferv'd & effedlually executed without any farther Delay : And in as much as the Seledlmen, Afleffors & other Town Officers in Com- bination with the Major Part of the Inhabitants at a Town Meeting Janu 27. 1714 did in manifeft Contempt of the Authority of this Govern! Vote a Non-Compliance with this Order, & do to this day juftifie themfelves in their open & vile Pra(5lice.
Be it therefore Refolved that the Seledl Men & Afleffors fhall forfeit & pay the Sum of Fifty Pounds, Unles the Money which is or ought to have been collefled be appropriated to the Ufes therein mention'd, on or before the tenth day of January next, and the Sum of Twenty Pounds per Month till the fame be accomplifh'd and they difcharged by each of the Minifters, to be recovered by Bill Plaint or Informa- tion in any Court.
In Council, Read three feveral times & Non-Concur'd.
In Council, Ordered that Samuel Sewall, Benjamin Lynde & John Clark Efq? be a Committee to prepare & draw up a Report upon the Affair of Watertown, & prefent it to the Board as foon as may be.
Upon Reading a Petition of Eli/ha Hedge, John Smith Son & Heir to Samuel Smith late of Eea/ham Dec'! David Melvil & Hugh Stuart of Monomoy alias Chatham^ Importing that whereas they did in the year 1694 purchafe of the Indians John ^qfon & Jofephus ^afon of Monomoy alias Chatham in the County of Barnjlable, a certain Beach commonly called Monomoy Beach lying Eaftward of faid Monomoy, with feveral Parcells of Meadow or Sedge Ground lying adjacent thereunto, as may be feen by an Inftrument of Conveyance under the Hands & Seals of the faid John Sluafon & Jofephus Sluafon, w"! faid Meadow & Beach was never as they can learn by the General Court granted to any Perfons whatfoever, And therefore they thought they might with fafety purchafe the fame. It being no way to the Prejudice of the faid Indians to fell a Beach, which was no way likely to be profitable to them. That the faid Purchafe was made before any Law of this Province was made to the Con- trary, That they have for many years quietly enjoyed & poffefs'd the faid Beach with its Appurtenances, & have fince fold and made Conveyances of a confiderable Part of the faid Beach, to other Perfons, who have quietly poffefs'd the fame without any manifell Diflike to the Indians, yet notwithflanding fome Englifh do trefpafs upon the faid Beach by turning over Horfes & Cattle to graze thereon, & they alfo molleft & difturb the Perfons to whom it was fold, Whereby great Inconvenience & Damage is like to enfue to your Petitioners unlefs timely prevented ; Humbly Praying that the General Court will pleafe to take this Matter into Confideration, & relieve them by Confirming a Grant of the (aid Beach with its Appurtenances which are fpecified in the Deed of Sale made to them by John & Jofephus ^ajon.
In the Houfe of Reprefent'f Ordered, That this Petition be continued until the next May Seflion, and that in the mean time Publick Notice be given by the Peti- tioners in the Town of Chatham, That if any Perfons have any reafonable Obje(5tion to make, they may then be heard.
In Council, Read & Concur'd.
Confented to, V^" Tailer.
An AS in Addition to an AS for ere&ing a Powder Houfe in Bofton : Pafs'd by the Reprefent'!* U ju
[76]
In Council : Read three feveral times & Pafs'd to be engrofs'd.
Confented to, W" Tailer.
Upon Reading the Petition of Zecheriah Tuthil Lieu' & Mafter Gunner of His Majefty's Caflle William, Importing, That in Sundry Petitions to the Hon*"!' General Court he fuppof 'd confiderable Arrears due to him by an Eflablifliment made & pafs'd in the Year 1700. But fince is inform'd that by a Refolve paft by the General Court the firft day of December 1705, It was intended that the faid Eftablifhm' fliould not continue, but for the future, That the Offices of Lieutenant & Mafter Gunner fliould be in two fuitable Perfons, And that the Lieutenant fliouJd receive out of the publiclc Treafury the Sum of Sixty Pounds ^ Annum, & that according thereto he has been paid, and now he Humbly Prays that for the Year & ten Months before that Refolve was made. He may receive his Arrears then due, w? amounts to the Sum of Sixty five Pounds nineteen fhillings & fix pence, He having receiv'd no more than Forty Pounds for his firft Years Service, & after the Rate of Fifty Pounds for his fecond Year; Humbly Praying, That the General Court will pleafe to confider his Service & make fuch Allowance as they ftiall think meet.
In the Houfe of Reprefent'f ; Whereas the General Court at their Seflion in May 1700, Refolved that the Lieutenant of the Caftle on Cajlle IJland performing the Duty of Lieutenant & Gunner fliould be paid out of the publick Treafury Eighty Pounds per Annum, And in as much as in December 1705. The Court did again Refolve that the Office of Lieutenant & Gunner fliould be in two Perfons ;
Voted That the Sum of Sixty five Pounds nineteen Shillings & fix pence be allowed & paid out of the publick Treafury to the Petitioner, He having no Pretence or Claim to any more by reafon of the laft Refolve, altho he may have fince that perform'd the Duty of Lieuten! & Gunner.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
Adjourn'd to To Morrow at ten o Clock in the Morning.
Wednefday Decem. 7. 1715
Prefent in Council.
The Hon"' William Tailer Efq' Lieu. Gov'
Wait Wintrop Elijha Hutchinfon Samuel Sewall Jofeph Lynde Eli" Hutchinfon Penn Town/end Nathl Byfield
John Higginfon And^ Belcher Edw^ Bromfield Efq' Ifaac Winjlow John Cujhing John Otis Nath'. Norden
BenJ" Lynde John Clark Addin: Davenport > Efq' Thomas Fitch V Efq'
Edmund ^incy, Thomas Hutchinfon , Adam Wintrop.
A Hearing was had before the whole Court upon the Petition of John Legg Efq' & feveral others of the Town of Marblehead. A Hearing was had before the whole Court upon the Petition of the Eaftern Part of the Town of Bridgewater for a new Meeting Houfe.
In Council, Ordered, That John Cujhing & Edmund ^incy Efq'.' with fuch as the Reprefenf" ftiall joyn with them be a Committee to repair to Bridgewater & view the Town & confider of the moft convenient Place for Erefting a new Meeting Houfe, Having a Regard to the Suggeftion of the Town, That there will foon be need of a third meeting Houfe; and make Report to this Court at their next Seflion, Unlefs the Town in the mean time agree the matter among themfelves. The Town to be at the Charge of the Committee.
In
[77]
In the Houfe of Reprefent'"; Read & Concur'd, & Cpl George Leonard^ Cp! Henry Hodge & Cpt. Jacob Thomfon are join'd with the Compt? In Council ; Read & Concur'd.
Confented to, W" Tailer.
Adjourn'd unto to Morrow at ten o Clock in the Morning.
Thurfday Dec' 8. 17 15
Prefent in Council. The Hon"" William Tailer Efq' Lieu Gov'
Wait Wintrop Eli/ha Hutchinjon Sam' Sewall Jofeph Lynde Eli" Hutchinjon Penn 'Town/end
Nath. Byfield ■ John Higgin/on And"" Belcher Efq' Edw' Bromfield Ifaac Winjlow John Cujhing Benj' Lynde
John Clark •\
Addin: Davenport Tho' Hutchinfon ► Efq' Thomas Fitch Edmi ^incy Adam Wintrop
Efq'
AN Aft entituled An A51 to prevent the Opprejffion of Debtors Pafs'd by the Reprefenf" In Council ; Read three feveral times & Concur'd to be Engrofs'd.
Confented to, W" Tailer.
Adjourn'd unto to Morrow at ten o Clock in the Morning.
Fryday Dec' 9. 17 15.
Prefent in Council
The Hon"!' William Tailer Efq' Lieu. Govern:
Wait Wintrop
Jofeph Lynde
Eli" Hutchinfon
Penn Townfend )■ Efq'
John Appleton
Nath'. Byfield
John Higginfon
Eli/ka Hutchinfon And"- Belcher Edw^ Bromfield John Cufking John Otis Nath'. Norden Adam Wintrop
Sam. Sewall Benj' Lynde John Clark y Efq' Addin Davenport Thomas Hutchinfon Thomas Fitch Edm'' ^incy
Efq'
TN the Houfe of Reprefent'!' Voted, that Nathaniel Payne Efq', Mefs" Mofes Reed "*• & John Rogers be a Committee to confider and compute the Charge of a High Way to Pautuckett Bridge & lay the fame before this Court ; and that the further Confideration of the Account of building of the faid Bridge be defer'd until the Vouchers thereof be produced, or the faid Accompt be return'd, examined & allowed by the Goverm! of Rhoade Ifland, neither of which are yet done.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
Upon Reading the Petition of Hugh Adams Clerk of Chatham in the County of Barnjlable, Importing that the Seleft Men of the Town of Chatham have refufed to fee colle6ted his Rate for this Year according to the Towns firm & unanimous Agree- ment with him. That he & his family are like to be opprefs'd for want of it. That he made complaint & Application to the Hon"l' Juftices of the Court at Barnjlable at their laft SelTion in OEtober lafl, but had no Redrefs otherwife than an Order for an Ecclefiaftical Council of the three next neighbouring Minifters of Eafiham, Harwich
&
[78]
& Tarmouth with their Delegate ; which Council accordingly mett, and advif'd fo contrary to his Expedlations that he was immediately conftrained to appeal to another Ecclefiafticall Council, Humbly Requefting, Firft, That the Petition of his friendly Auditors may be heard & granted, & that he be continued in his Miniftry untill another Council be obtain'd ; Secondly, That the next Ecclefiaftical Council may confift of the Rev? Minifters & Meffengers of the Churches oi Plymouth, Duxborough, Majhfield & Upper Scituate. Thirdly, That for his immediate fupply Thomas Atkins his Neighbour may be authorifed by Warrant to make & colledt his Rate for this Year according to Agreement. Fourthly, That the Hon''.'' the Juftices of the Court of the County of Barnjlable may be direfted to hear his juft Complaints againft feveral of his defaming Neighbours: Fifthly, That the prefent Tavern Keeper may no longer be licenced :
In Council ; Read & Ordered, That the Prayer of the Petitioner be fo far granted, as that he be recommended to the Quarter Seflions of the County of Barnjlable, and that they give order for the Inhabitants of the Town of Chatham to pay the Peti- tioner his due as per Agreement, until he be regularly difmifs'd.
Adjourn'd unto to Morrow at ten o Clock in the Morning.
Saturday Dec' lo. 17 15
Prefent in Council
The Hon"" JVilliam Tailer Efq' Lieu Gov'
Wait Wintrop Jofeph Lynde Eli" Hutchin/on Penn Town/end John Appleton Nath'. Byfield John Higginfon
Eli/ha Hutchin/on Andrew Belcher Edw'' Bromfield Efq'; John Cufhing Nath Norden Benj' Lynde
Sam' Sewall John Clark Addin Davenport K Efq' Tho' Hutchin/on Thomas Fitch Edmund ^incy Adam Wintrop.
Efq'
A N Aft for Reviving & further Continuing an Ad, entitled An A£l to enable •*■ ^ Creditors to receive their juji Debts out 0/ the Effe£ls 0/ their ab/ent & ab/conding Debtors, Made and Pafs'd by the Great & General Court or Affembly at their Seflions upon the twenty lixth Day of May 1708, in the feventh Year of the Reign of her late Majefty Queen Ann: Pafs'd by the ReprefentT In Council; Read three feveral times & concur'd to be engroft.
Confented, W" Tailer.
A Meflage from the Reprefent'" by M' William Payne, Cpt. Noyes, M' Cook, M.' Hutchin/on & Samuel Thaxter Efq', That the Houfe defire the Concurrence of the Board in the Choice of an Attorney Gen" upon Wednefday next.
An A£i in /urther Addition to an A£t /or Encouraging the killing 0/ Wolves made in the fifth Year of the Reign of King William & Queen Mary. Pafs'd by the Reprefenff
In Council; Read three feveral times & Concur'd to be engroft.
Confented to, W*" Tailer.
Upon Reading the Petition of Roger Billing of Dorche/ler, Jonathan Gulliver of Milton, & John Billings of Dorchejler aforefaid, in behalf of a blind Indian man called Thomas Oucuncanog, aged above fixty years, Refiding at the Dwelling Houfe oi Roger Billing aforefaid, Importing, that the faid Indian was born in Brantrey, & has liv'd the greateft part of his time in & about it, and fince Philips War has been a faithful Soldier in the Country Service under twelve feveral Captains, And par- ticularly under Cpt. Robin/on as they were guarding the maft Cutters at the Eaftward
in
[79]
in felling of Marts for his Majeftys Service, a Chip from one of the Trees flew into one of his Eyes which foon occafion'd the Lofs thereof, By Reafon of which Accident he foon loft the other, fo that fince the twenty fourth of March 17 14 he has been entirely blind, & thereby render'd incapable of providing any fubfiftence for himfelf & in a very miferable & deftitute Condition; Humbly Praying, That the Gen" Court will pleafe to take his cafe into their Confideration & grant fome annual Allowance to preferve him from perifliing.
In Council ; Read & Recommended.
In the Houfe of Reprefcnt'f Refolved, that the fum of fix Pounds be allowed & paid out of the publick Treafury to Roger Billing the Petitioner to be laid out by him in the beft manner he can for the necefl*ary Relief & Supply of the blind Indian in whofe Behalf the Petition is made. In Council; Read & Concur'd.
Confented to, W" Tailer.
Upon Reading the Petition of John Tappin of Salifbury, Importing that he has been formerly a Soldier under the Command of Captain Lothrop in the Country Service at Deerfield he had the Misfortune in an Engagement with the Indian Enemy to receive a wound in his right Shoulder, Whereby he was & ftill is rendered unable to work, That both he & his Wife are aged & infirm, & under great Difficulties to fupport himfelf & Family, That by living near the Province Line he is greatly opprefs'd by being not only rated in Hampton, but in Salifbury alfo. That he has often made Application for an Abatement in Confideration of his Wound in the Service, but that the Afleflbrs have no Regard to his Requeft. Humbly Praying that the General Court will be pleafed to take his Cafe & Service into Confideration ; & free him for the future from all publick Taxes & Rates while he continues in this Province.
In Council ; Read & Recommended.
In the Houfe of Reprefent'V Ordered, that the Petitioner be recommended to the Town o( Salifbury for Relief
In Council ; Read & Concur'd
Confented to, W" Tailer.
Adjourn'd unto Monday at three o Clock in the Afternoon.
Monday Dec 12. 17 15
Prefent in Council.
The Hon"!' fVilliam Tailer Efq' Lieu Gov'
Eliflia Hutchinfon Samuel Sewall Jofeph Lynde Eli" Hutchinfon Penn Townfend Nath'. Byfield
► Efq'
Andrew Belcher Edit/' Bromfield John Cujhing John Otis John Clark
Efq'
Addin : Davenport Tho' Hutchinfon Thomas Fitch Edmund Sluincey Adam Wintrop John Appleton .
Efq'
A N Engrofs'd Bill entitled An AS to prevent the Oppreffion of Debtors : Pafs'd in ■* ^ the Houfe of Reprefent"* to be Ena6ted. In Council ; Read & Concur'd to be Enacted.
Confented to, W" Tailer. An Engrofs'd Bill in Addition to the Adl entituled An Act againfl Counterfieting the Bills of Credit &c, Pafs'd by the Reprefent'!* to be Enacted. In Council ; Read & Concur'd to be Enadted.
Confented to, W" Tailer. V An
[8o]
An Engrofs'd Bill entituled An A5i in further Addition to the AS for Encouraging the Killing of Wolves ^c. Pafs'd by the Reprefent'f to be Enafted. In Council; Read & Concur'd to be Ena6led,
Confented to, W" Tailer. An Engrofs'd Bill entituled An A£f for Reviving & further Continuing of an ASl entituled An A£f to enable Creditors to receive their juji Debts out of the EffeSls of their abfent £5? abfconding Debtors &c. Pafs'd by the Reprefent"" to be Enafled. In Council ; Read & Concur'd to be Enadled.
Confented to, W" Tailer.
Adjourn'd unto to Morrow at ten o Clock in the Morning.
Tuefday Dec' 13. 17 15
Prefent in Council.
The Hon"." William Tailer Efq' Lieu Gov'
Elijha Hutchinfon- Samuel Sewall Nath' Byfield And"". Belcher Edw^ Bromfield Nath' Payne
Efq'
Jofeph Lynde ~\ Penn I'ownfend
Eli"" Hutchin/on John Appleton
John Cu/hing (. pr r 'Thomas Hutchin/on
John Clark Addin: Davenport Benj' Lynde
Thomas Fitch Edmund ^incy Adam Wintrop.
Efq'
A N Engrofs'd Bill entituled An AEl in Addition to an A£l for Freeing a Powder •^^ Houfe in Boston. Pafs'd by the Reprefent™ to be Enabled. In Council ; Read & Concur'd.
Confented to, W"" Tailer.
A Bill entituled An A£l to prevent Damage to the Houjing &* other Eftate within the feveral Towns of this Province : Pafs'd by the ReprefentT In Council ; Read three feveral times & Concur'd to be Engrofs'd.
Confented to, W" Tailer.
In Council, Ordered, that the Confideration of the Vote of the Reprefent"' for the Choice of an Attorney General be referr'd to next May Seflions.
Confented to, W" Tailer.
Upon Reading the Petition of Samuel Sewall, John Leverett & Thomas Fitch Efq? & Daniel Oliver Merch! a Committee appointed by the Truflees of the Legacy of the Hon*!' Edward Hopkins Efq! Dec'd, Importing, that whereas they were appointed to purchafe a Tradl of Land call'd Moguncoy & having by the Allowance & Approba- tion of the General Court made & perfefted the Purchafe of the faid Land in the Name & in Behalf of the Truftees of the Legacy aforefaid according to the Decree in Chancery to the good Advantage & univerfal satisfadlion of the Indians late Pro- prietors of the faid Land, and the faid Truftees are defirous to fettle a Plantation upon the Purchafe they have made & to eredt a Town or Village by the Name of Hopkinton, to the perpetuating the Memory of the pious Benefa(5lor, But that upon the Survey of the faid Land, they find the fame fcanty & too ftreight. And that they are informed & aflured there lies a Quantity of Country Land adjoining to the faid Purchafe neither fufficient by it felf to make a Plantation or fo much as a Village, nor as yet affign'd to any Townftiip, nor needed by any of the neighbouring Towns on which it borders, nor defired by any of them, & may be a very accomodable Enlarge- ment unto the Purchafe they have made for the pious Intentions of the aforefaid Benefaftor, Humbly Praying that the said Tra6l of Land lying between Sutton & the faid Purchafe not appropriated may be granted to the faid Truftees, and that the whole Tra6l may be incorporated with the faid Purchafe into a Townfhip by the Name of Hopkinton.
In
[8.]
In the Houfe of Reprefent'?* ; Ordered, that the Prayer of the Petition be fo far granted, that the Lands petitioned for together with the Plantation & Purchafe of Moguncoy be eredled into a Townfliip to bear the Name of Hopkinton & have & exercife the Powers & Privileges of a Town ; And that the Fee & Property of the Lands petitioned for do ftill remain in the Province : In Council ; Read & Concur'd.
Confented to, W" Tailer.
Adjourn'd unto to Morrow at ten o Clock in the Morning.
Wednefday Decem' 14. 1715
Prefent in Council The Hon"!' fVilliam Tailer Efq' Lieu Cover".
Elijha Hutchinfon
Sam' Sewall Eli" Hutchinfon Penn Townfend Nath' Byfield John Afpleton Andrew Belcher
Edw'd Bromfield John Cufhing Nathi Payne Efq' Nath'. Norden John Otis Thomas Noyes
BenJ' Lynde John Clark Addin : Davenport . Efq' Tho' Hutchinfon 'Thomas Fitch Edmund ^incey Adam JVintrop.
Efq'
A Meffage from the Reprefent'" by Capt Noyes Samuel Thaxter Efq' & M' Lothrop, "*^ That the Board would reconfider their Vote referring to the Choice of an Attorney General, And give a direft Anfwer, and if the Board do not fee meet to concur with them, They defire a Conference with them upon that matter this Afternoon.
A Bill entituled An A51 for maintaining &? propagating Religion. Pafs'd by the Reprefent'f In Council; Read three feveral times & Concur'd to be Engrofs'd.
Confented to, W" Tailer.
An Engrofs'd Bill entituled An AEl to prevent Damage to the Houfing 6f other Eflate within the feveral Towns in this Province. Pafs'd by the Reprefent'" to be enacted. In Council ; Read & Concur'd.
Confented to, W" Tailer.
It being put to the Vote Whether the Council will reconfider their Vote referring to the Choice of an Attorney General. Pafs'd in the Affirmative.
In Council Voted a Non-Concurrence to the Vote of the Reprefent'" for the Choice of an Attorney General, and agreed to a Conference on that Affair this Afternoon.
Upon Reading the Petition of James Taylour late Treafurer of the Province of the Majfachufetts-Bay, Importing, That for one & Twenty years paft he had the honour to ferve this Province as Treafurer & zealoufly fought the Good of it, as well as faithfully difcharg'd the Truft committed, and that during that time he did with all readinefs upon every exigent or neceffitous Occafion advance his own Money for the publick Service without any Allowance for it. That it fo unfortunately hap- pened in the laft year of his Service, That a Robbery was committed upon the Treafury, and the Sum of Eighty eight Pounds thirteen fliillings & four pence was ftolen thence & carryed away, That the Perfon or Perfons that ftole the fame are not yet difcovered, tho' all proper means have been ufed, that he has accounted for the laid Sum of Eighty Eight Pounds thirteen fhillings & four pence with the prefent Treafurer & paid the fame : Humbly Praying that the General Court will pleafe to take the Premiffes into Confideration & order the s'' Sum of Eighty Eight Pounds thirteen fliillings & four pence to be repaid him out of the publick Treafury, that fo he may not fuftain the Lofs of it.
In
[82]
In the Houfe of Reprefent"'; In Confideration of the good & faithful! Service of M' James Taylour for many years as Treafurer of this Province, and that this Houfe is well fatisfied of his advancing his own Money in the publick Affairs, & that he has fuftain'd confiderable Lofs in the executing that Office ;
Refolved, that the Sum of ninety Pounds be allowed & paid out of the publick Treafury to the faid M^ James Taylour. In Council ; Read & Concur'd.
Confented to, W" Tailer.
It being put to Vote in Council, Whether the Nomination & Appointment of an Attorney General belongs to the Governour & Council ? It pafs'd in the negative. The Council expreffing themfelves that it belongs to the General Court.
A Meflage from the Reprefent'f by Mefs" Epes, Cooke & Chipman, That the Houfe are willing to defer the Choice of an Attorney General till fryday morning next. And that there is daily expeftation of a Gentleman from England Commif- fioned for that Poft, And that therefore they think proper to fill it up. That they may be able to inform him fo, when he comes ; That the Reprefent'!' of Wejl Hampjhire are now here, & the Reprefent"?' of York daily expedted. And that the Houfe defires the Concurrence of the Board in the Choice of an Attorney General that Time.
In the Houfe of Reprefent'", Ordered, that Oliver Noyes, Sam' Thaxter, Elijha Cook & Edward Hutchinfon Efq? & Cpt. Francis Fulham with fuch as the Hon^'' Board fhall nominate be a Committee to confider that Paragraph of his Honour the Lieu! Governours Speech, which refers to the fupport & increafe of Trade, and make report what they think proper to be done by this Court for that End: In Council; Read & Concur'd and Eliakim Hutchin/on, Nathaniel Byfield, Thomas Hutchinfon & Thomas Fitch Efq" join'd to the Committee.
Upon Reading the Petition of John UJher Efq' of Charlefiown, Importing, That he being Treafurer of the Territory & Dominion of New England during the Government of Sir Edmund Andrews, & untill the Revolution, That he did advance & pay for public Ufes feveral confiderable Sums of Money more than came to his Hands belonging to the Treafury, w*! Accompts His Majefty was pleaf'd to refer the Examination of to the Governour & Council of this Province with Diredions that Payment fhould be made to him of the ballance of his Accompts or Render a Reafon to the Contrary, That purfuant to His Majefty's Orders, There was a Com- mittee appointed by His Excellency Jofeph Dudley Efq' late Governour to infpedl & examine his faid Accompts, w"! Committee reported that the Ballance demanded was One thoufand thirty eight Pounds & one penny, w"! Report the Governour & Coun- cil Read & accepted, w"! is ftill unpaid. That he could never obtain any Order or Warrant for the Payment of the fame, Nor any particular Reafons rendered according to the Kings Order, That he has been kept out of his Money thefe twenty fix years, for which he has been obliged to pay yearly Intereft, w"! amounts to fixteen hundred Pounds, That laft year he made Application to the General Court Prefling for an Anfwer, but obtain'd none; Humbly Praying that the General Court will pleafe to take his Cafe into Confideration & Order him the Ballance of his Accompt or Render Reafons to the Contrary.
In the Houfe of Reprefent'", Ordered, that Elijha Cook, William Denifon, Samuel Thaxter, Edward Hutchinfon & Charles Chambers Efq? with fuch as the Hon"" Board Ihall nominate be a Committee to whom this Petition is refer'd. That they confider the Subjeft Matter & Allegations thereof & the former Proceedings of this Court relating thereto, & make Report what they think proper to be done in Anfwer thereto.
In Council ; Read & Concur'd, and Andrew Belcher ^Addinton Davenport & Adam Wintrop Efq'.' joined to the Committee.
A Meflage from the Reprefent"' that the Houfe defire a Conference about the Time for Chufing an Attorney General.
In
[83]
In Council, Concur'd, and Samuel Sewall, Andrew Belcher, Nathaniel Byfield & Benjamin Lynde Efq7 are appointed to manage the Conference.
Adjourn'd unto To Morrow at Ten a Clock in the Morning.
Thurfday Dec' 15. 17 15
Prefent in Council.
The Hon".' fVilliam Jailer Efq' Lieu Govern^
Eli/ha Hutchinfon Samuel Sewall Jofeph Lynde Eli" Hutchinfon Penn Townfend John Appleton Nath'. Byfield
► Efq'
And" Belcher John Cufhing Nath. Payne Nath' Norden Thomas Noyes BenJ' Lynde John Otis
John Clark Addin: Davenport Tho' Hutchinfon Efq' Thomas Fitch
Edward Bromfield Edmund ^incey Adam fVintrop.
Efq'
TN Council, Voted, that the Choice of an Attorney General be deferred to the next -■■ May Seflions.
In the Houfe of Reprefent"" Non-Concur'd.
Upon Reading a Petition of Humphry Bradjlreet of Newbury in the County of EJfex, Phyfician, Importing, that Ebenezer Davis was a Soldier in her late Majefly's Service at Haver hil under the Command of Coll. Richard Saltonjial in the year 1709. And was taken ill in the Service, & put under his Care, And that he expended Sun- dries amounting to the Sum of One Pound & feven fliillings. That one Henry Flood under the Command of the faid Colo. Saltonjlall, who was likewife put under his Care, & he expended upon him one Pound fifteen (hillings, as appears by the feveral Accompts fign'd by the faid Col? Saltonjlall, That Nicholas Davi/on of Newbury who was wounded upon the Expedition to Port Royal in the year 1709, and was by the late Governour Dudley put under his Care, Which was done both with great Diffi- culty & Expence; and that there remains due to him Ten Pounds & five (hillings. Humbly Praying that the General Court will order payment of the fame.
In the Houfe of Reprefent"', Refolved, that the Sum of Three Pounds & two (hillings be allowed & paid out of the publick Treafury to Humphry Bradjlreet in full of the Petition ; Cpt. Nicholas Davifon not being in the Service of this Province when he receiv'd his Wound. In Council ; Read & Concur'd.
Confented to, W" Tailer.
In Council ; Voted a Non-Concurrence Nemine Contradicente to an Ad pafs'd by the Reprefent'f entituled An Adi for the frequent Calling of Great 6? General Courts or Affemblys, The Board being of Opinion that the Purport of the Bill is expreflly contain'd in the Charter & fo conftrued by the Laws of this Province & uninterrupted Pradice all along.
In Council ; Voted, that the Council adhere to their Vote above about the Choice of an Attorney General.
In the Houfe of Reprefent'f Upon a Motion being made in the Houfe & a Letter receiv'd from the Hon*"'' the Lieutenant Governour & Council of the Province oi New-Hampjhire, That the Partition Line may be run between this Province & that to afcertain the Inhabitants bordering thereon where to pay their Taxes, & to pre- vent further Differences, Ordered, that Col° Samuel Appleton, Col? Thomas Noyes & Cpl John Gardner be a Committee on Behalf of this Province fully impowered to meet & join with fuch Perfons as (hall be appointed and fully impowered by the General Court of the faid Province of New-Hamp/hire finally to fettle & determine the Courfe & Running of the Line, Purfuant to the Directions of the Royal Charter
W of
[ 84 ]
of this Province, And make Report to this Court. The Property of the Lands that have been improved or laid out to any Perfons near the faid Line to continue & remain to them as now it is, on which fide foever of the Line they (hall happen to fall. And his Honour the Lieu! Governour" is requefled to furnifh them with Powers neceflary to proceed in the Affair, purfuant to this Vote.
In Council; Read & Concur'd, and John Higginfon Efq' added to the Committee in the Affair. Any three of which to be a Quorum.
Confented to, W" Tailer
In the Houfe of Reprefentatives : Refolved, That the Treafurer be diredled to purchafe good Bills of Exchange for Two hundred Pounds Sterling to be paid to Mr. Jeremiah Dummer of London, Agent for this Province, further to enable him to Negotiate the Affairs thereof In Council; Read and Concur'd. By the honour- able the Lieutenant Governour, I do not confent to the Vote above.
W" Tailer.
In Council ; In Anfwer to the Petition of John Legg & Edward Brattle Efq? & feveral others Inhabitants of the Town of Marblehead (enter'd at the feventh Page of this Book at large), Ordered, that fo long as the Auditory of the New Meeting Houfe, w? the Reverend Mf Edward Holyoke now preaches in, fhall maintain a learned & orthodox Minifler there, they (hall be difcharged from Paying towards the Mainte- nance of any other Minifler, excepting their Proportion towards the Maintenance of the Rev? Mf Samuel Cheever during his natural Life.
In the Houfe of ReprefentT Read & Concur'd.
By the Hon*"!' Lieu! Governour
Confented to, W"" Tailer.
Adjourn'd^unto To^Morrow at ten o Clock in the Morning.
Friday Dec! i6. 17 15
Prefent in Council.
The Hon"!" William Tailer Efq' Lieu Gov^
Elijha Hutchin/on Sam'. Sewall Jojeph Lynde Eli". Hutchinfon Penn Town/end John Appleton Nath. Byfield
Andrew Belcher Edw^ Bromfield John Cujhing >■ Efq' NatV. Payne John Otis Thomas Noyes
Benj' Lynde John Clark Addin : Davenport Efq' Tho' Hutchinfon Tho' Fitch Edmund ^incey Adam fVintrop.
► Efq'
A Meffage from the Reprefenf" by Samuel Thaxter & Jofeph Parjons Efq? That •^^ the Houfe defire that Matters of the greatefl Confequence may be brought forward. That if it be pofEble they may rife this Week.
Upon Reading the Petition of Richard Coomes & Hephjibah his Wife, Daughter & only Child of Jofeph Newell late of Roxbury Mariner Dec'd, Importing that the faid Jojeph Newell in the year 1691, mortgaged his Eflate in Roxbury to Florence Mac- carty late of Bojlon Butcher Dec'd for the Sum of Twelve Pounds, Conditioned to pay the Sum of Sixteen Pounds & fixteen fhillings within the Space of four Years, as appears of Record. Which is after the Rate of Ten Pounds '^ Cent ^ Annum, When the Land at the leafl Value is worth Three Hundred Pounds, And that he foon after it went to Sea & died. And that not long after the faid Jofeph NeweWs Deceafe, the Petitioner Hephjibah was born, & the Mortgagee by Contrivance prevail'd with & over perfuaded the Widow the Petitioner Hephjibah' s Mother to fell & con- vey the Land by Deed to him, & took PofTefTion of it accordingly before the four Years limited in ^^thej Deed of Mortgage was expired, & put his Deed on Record, &
held
[85]
held his PolTeffion until! the Petitioner Hephjiifa/i came of Age, When fhe underftood the illegal Proceedings in Conveying her Inheritance from her, That (he had a Tryal at the Inferior Court held at Boflon in April 1713. Where the faid Florence Meu- cartys Heirs produced their Deed of Sale & were caft. After which Tryal the Mort- gagee proved the faid Mortgage, & enter'd it upon Record, when it had been hid for more than twenty Years before. And by Virtue thereof obtain'd a Verdi<5t upon his Appeal to the Superior Court, Whereupon the Petitioner review'd having firft tender'd to the Heirs of the faid Florence Maccarty more than fufficient to pay both the Principal & Intereft Money in Current Silver Money, ready in the Court to have taken up the Mortgage, But it was faid it was too late; And the Court would give no Relief in the Premifes, the Mortgager having made Default & the Mort- gagee being in atfluai Pofleffion thereof, & had PoffelTion beyond the Time limited by Law, That Judgment was given againft the Petitioners, Which is to their utter Ruine, And this not thr? any Default, He being beyond Sea, imprefs'd & detained on board one of His Majefty's Ships of War in Barbadoes, In which Service he died before the time of Redemption was expired, nor can it appear to be a Default in the Petitioner Heph/ibah, fhe being an Infant, That notwithftanding the Mortgagee has been at no more charge than the Twelve Pounds, & a Yearly payment of five Pounds to the Mother of the faid Mortgager which the Land flood charged, & fome fmall charge of Fencing &c. Humbly Praying the General Court to take the Premiffes into Confideration, & allow them their juft Right of Redemption.
In the Houfe of Reprefent"'; Voted, that the Petitioners ought to have the Equity of Redemption, Inafmuch as the Mortgage made to Florence Maccarty by Jofeph Newell father of the Petitioners was not recorded untill April the feventh 17 14, By Reafon whereof they were defeated of the Benefit of an Aft entituled /in A£l for hearing &" determining Cafes in Equity made & pafs'd the tenth of William the third &c. And that they be impower'd to file a Bill for their Right or Equity of Redemption in the next Court or Courts of Law proper to hear the fame.
In Council; Read & Concur'd.
Confented to, W" Tailer.
In the Houfe of Reprefent'f Voted, that Mf Jeremiah Bummer be ftill continued the Agent of this Province. In Council ; Read & Concur'd. By the Hon'l' Lieu! Governour, I do not confent to the Vote above.
Adjourn'd unto To Morrow at Ten o Clock in the Morning.
Saturday Dec' 17. 17 15
Prefent in Council. The Hon"!* William Tailer Lieu. Gov:
Eli/ha Hutchinfon -> Sam\ Sewall Eli". Hutchinfon John Afpleton Penn 'Town/end Jofeph Lynde Nath' Byfield
Andrew Belcher Edward Bromfield Nath. Payne Efq' John Otis
Nath' Norden Thomas Noyes
Benj' Lynde Addin : Davenport John Clark Efq' Tho'. Hutchinfon Thomas Fitch Edmund ^incey Adam Wintrop.
hEfq'
'' I "'He Hon"'' the Lieu Governour intimated a General Council, for the Nomina- •*• tion & Appointment of Civil Officers, to fit in Bojlon upon Saturday the twenty fourth of this Inftant.
In the Houfe of Reprefent"*, Infifted on their former Vote in Reference to the Selecfb Men & Afleffors & other Town Officers of the Town of Watertown. In Council ; Reconfider'd & Concur'd.
Confented to, W" Tailer.
The
[86]
The following Propofals humbly offered by the Subfcribers Truftees for the Fifty Thoufand Pounds, viz'. Firft, That for the receiving in the Bill of Credit now on Loan to feveral Perfons by Virtue of an Adl of the faid Province made in the firft Year of his prefent Majefty's Reign the Perfons hereafter named to receive in the faid Bills be directed & impowered upon the Receit of the Annual Intereft or any part of the Principal, as the fame becomes due by Vertue of the faid A6t, and the Mortgages given thereon to endorfe on the Original Deed of Mortgage the Receipt thereof, and when the whole both Principal & Intereft is paid, Then to give a Receipt for the fame on the faid Deed, to be figned by three at leaft of the Truftees named in the faid Adl or their Succeflbrs, And the Deed fhail be delivered to the Perfon who pays the faid Bills, Wl Receipt being entered in the Margin of the Book of Regiftry where the faid Deed is recorded ftiall fully difcharge the Premifes therein mentioned from any other Claim & Demand whatfoever, & render the faid Deed null & void. Any Law Cuftom or Ufage to the contrary notwith- ftanding : Secondly, That when at any time the faid Truftees ftiall have receiv'd the Sum of One Thoufand Pounds of the faid Bills, either Principal or Intereft, The Treafurer of the Province for the time being be diredted & impowered to take in the fame from them, & to pafs his Receipt, W!" ftiall be a full difcharge to the faid Truftees, and the Bills fo receiv'd by him to be burned to Aflies at the firft Oppor- tunity by the Committee appointed or that ftiall be appointed by this Court for the Burning unferviceable Bills : Thirdly, That the faid Truftees do meet on every Wednefday Weekly in one of the Rooms of the Court Houfe in Bojlon, there to give their Attendance from ten to twelve o Clock in the Forenoon, & from three to five in the Afternoon, to receive in the Bills from Perfons coming to pay the fame : Fourthly, that the Truftees for their Service be allowed to pay themfelves one V Cent on all the Bills by them hereafter to be receiv'd on the Accompt of the Principal, and to be accountable to this Court yearly, if demanded for their Tranfadlions in
this Affair.
Sign'd Andrew Belcher John White
Addin : Davenport Edw'i Hutchin/on
Thomas Hutchin/on
In the Houfe of Reprefent'!' Voted, That the foregoing Propofals be Accepted, & put into Pra6lice as they now ftand amended. In Council; Read & Concur'd.
Confented to, W" Tailer.
In the Houfe of Reprefent"' Voted, That the Treafurer of this Province, the Treafurer of the County of Suffolk, & the Treafurer of the Town of Bo/lon be a Committee or Truftees to purchafe the Houfe & Land in Bojlon aforefaid late Power Sergeants Efq' Dec'd for the Ufe of this Province. And that the faid Treafurers & their Succeflbrs for the Time being have Power of fiting & repairing the fame when wanting. Agreeable to fuch Orders as they ftiall from Time to Time receive from this Court. And that the Province Treafurer do emitt & pay the Sum of Two Thoufand three hundred Pounds for purchafing the fame, That the faid House & Land be a fund & Security for drawing in the faid Bills into the Treafury again for the Space of twenty one Years, That at the Expiration of the faid Term, It ftiall be fold for that end by the faid Truftees or their Succeffors, unlefs this Court ftiall then fee caufe to order otherwife.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
Upon Reading the Petition of IJaac Woono & Jojhua Shanton Agents in Behalf of Ketticutt an ancient Indian Town or Plantation always inhabited by Indians, W!" lyeth between Taunton Middleborough & Bridgwater, & have had the Gofpel preached to them by an Englifti Minifter many Years at times, but conftantly by an Indian Minifter, Importing, that their Englifti Neighbours of Bridgwater did fome years pafs'd difturb them by laying Claim to their Town or a confiderable Part thereof
under
[87]
under pretence of fome Grant or Purchafe, where upon there was Applicatron made to the Great & General Court in the Year 1703. Upon which the Court were pleaf'd to order a Committee to meet at Barnftable to confider of the Matter, that the faid Woono was at the faid Meeting, but for want of Copys of fome Records & a true Underftanding of the Englifh Laws, The Committee drew up a Report not altogether in their favour, upon which M! Mitchell of Bridgwater takes advantage thereby to Claim the beft part of our faid Indian Town & gives us Trouble at Law, W? they fuppofe to be contrary to the Intent of the General Court, when they ac- cepted the Report of the faid Committee, W? could be no otherwife than that Bridg- water fliould have the full Extent of your Grant, Which was fix miles South of Ketticutt, which is their Center to Ketticutt River, Which plainly appears by the Bridg- water Grant, By which the Indian Lands were referv'd to them, W? was likewife done in Taunton Grant long before. That the faid M; Mitchel does profecute them at law for the greateft part of their Town. That he by a Petition to the General Court got the Bounds oi Plymouth & Brijlol Counties unfettled for no other Reafons but to profecute us at Law, That the General Court were pleard fo far to favour him as to appoint a Committee to go & examine into that Affair; Humbly Praying that they may be continued in Brijlol County from whence they have their Englifh Minifter, & that the General Court will be pleaf'd to take their Cafe into Confidera- tion & not fuffer them & their Families to be utterly ruined by Depriving them of their Lands &c.
In Council; Read & Referred to the firft Fryday of the next Seflions. In the Houfe of Reprefent'!' Read & Concur'd.
Confented to, W" Tailer.
Upon Reading the Memorial of Edmund ^incey Efq' for & in Behalf of the Town of Brantrey, Importing, That the General Court at their Seflions held in May 17 14. in Anfwer to a Petition prefer'd by the Memorialifl; in Behalf of faid Town, Praying that a Surveyour might be appointed to protradl & lay out Six thoufand Acres of Land granted by the General Court OStober 1666 to the Inhabitants of Brantrey limited to one Place, not prejudicing any Plantation or particular Grant &5
Ordered, that the Prayer of the Petition be granted, and M' Sam\ "Jones Jun' of Concord (being propof'd by the Memorialift) was appointed to furvey & lay out the faid Grant, Provided the Land be taken up in Middlejex County, If in the County of Suffolk John Chandler Efq' was to be Surveyour, as beft knowing in their own Counties, The Plat when taken to be prefented to the Court for Confirmation, as by the Records will more plainly appear, That for as much as the faid Samuel Jones tho' requefted, negle<5ted & delayed to attend the Service aforefaid, and it being uncertain Whether the faid Land lies in the County of Hampjhirc or Middlefex, So that the fame not being to be found in the County of Suffolk, the Memorialift did not apply himfelf to John Chandler Efq', but prevail'd with M'. fVilliam Ward of Marlborough Surveyour, to furvey & lay out the faid Six thoufand Acres of Land, who being upon Oath with the Help & Afliftance of Daniel Livermore & Gerjhom Ward Chainmen (who were alfo fworn before M' Juftice How) laid out the fame in the Angle between the Towns of Brookfield & Rutland, As plainly appears by the Plat thereof now prefented; Humbly Praying that for the Confiderations aforefaid the General Court will pleafe to ratifie & Confirm to the Town of Braintree the faid Six thoufand Acres of Land according as it is protraded & laid out by the faid William Ward in & by the Plat now prefented for Confirmation, It no way preju- dicing any Plantation or particular Grant, as the Memorialift is credibly informed.
Brantrey Six thoufand Acres of Land lying in the Angle between Brookfield & Rutland \s thus defcrib'd in the Piatt: viz'.
A a Pine Tree being Brookfield Corner. B a heap of Stones
G a Point, Survey'd by William Ward.
X In
[ 88 ]
In the Houfe of Reprefent'f" Ordered, that the Piat on the other fide be ac- cepted, & the Land therein defcrib'd be confirm'd to the Town of Brantrey in Fulfil- ment of a Grant of Six thoufand Acres made to them the Eleventh of OSlober, 1666. by the General Court, Provided it interfere with no former Grant, And that this Court annex the faid Lands to fuch Town as they (hall think proper hereafter.
In Council; Read & Concur'd.
Confented to, W" Tailer.
Adjourned unto Monday at three o Clock in the Afternoon.
Monday Dec' 19. 17 15
Prefent in Council.
The Hon"!' William Tailer Efq' Lieu Gov!
Sam^ Sewall -\ Jo/eph Lynde | Eli'! Hutchinfon V Efq' Penn Town/end \ Nath\ Byfield J
Andrew Belcher Edw''. Bromfield John Clark Nath'. Payne
Thomas Noyes Addin : Davenport Efq' Tho- Hutchinfon
"Thomas Fitch Adam Wintrop.
Efq'
A Bill entituled An All for Holding & Keeping a Superior Court of Judicature Court ■^^ of AJJize &' General Goal Delivery within & for the County of Hampfhire. Pafs'd by the Reprefent'f
In Council ; Read three feveral times & Concur'd to be Engrofs'd.
A Bill entituled An A51 in Addition to the ASl for the Regulating of Town/hips, Choice of Town Officers, & Setting forth their Power, made ^ Pafs'd in the fourth Tear 0/ William &" Mary: Pafs'd by the Reprefent'f
In Council ; Read three feveral Times & Concur'd to be Engrofs'd.
A Bill entituled An AS to prevent the unnecejfary Journeyings of the Reprefent".' Pafs'd by the Reprefent'?'
In Council ; Read three feveral Times & Concur'd to be Engrofs'd.
A Bill entituled An A£l for the Encouraging of the Raijing of Hemp within this Province. Pafs'd by the Reprefent'"
In Council ; Read three feveral Times & Concur'd to be Engrofs'd.
Upon Reading a Petition of the Inhabitants of the Wefterly Part of the Blew Hills within the Town of Dorchejler, commonly call'd the New Grant, Importing, That they live very remote from any Place of Publick Worfhip, The neareft being about fix miles diftant from Dorchejler Dedham & Milton, Were upon that account very uneafy & Petitioned the Town oi Dorchejler that they might be fett off a Precinft by themfelves. Whereupon at a Meeting of the Town of Dorchejler, on the twelfth Day of May 1707. they did by a Vote manifefl: their Confent thereto. And that the Petitioners fliould be impowered to agree with & fettle an able Minifter among themfelves, & to raife a Tax to defray the Charges of Building their Meeting- Houfe, & Maintenance of their Minifter &". And chofe a Committee, who with the Petitioners on the tenth Day of June following agreed upon the Place where the Meeting Houfe fliould ftand & now ftands, & what fliould be the Bounds & Limits of their Precincft, as by the Committees return may appear, And moreover the Town oi Dorchejler gave the Petitioners about thirty Pounds towards Building their Meet- ing Houfe, That upon this Encouragement the Petitioners fett about building their Meeting Houfe, And in May 1708. petitioned the General Court for Confirmation of what was done, & to impower them to do fuch other Afts as might be agreeable to the Laws &f Which pafs'd in the Houfe of Reprefent"", But was Non-Concur'd in Council, That they have improv'd \imployd?'\ the Rev'd M! Jofeph Morfe as their
Minifter
[89]
Minifter for above thefe eight years, but not ordain'd, nor the Petitioners enabled to levy a Tax for his Support, Which lays them under very great Inconveniences for want of the Gofpel, & as to the Minifters Support, Which falls heavy upon fome while others refuie to pay any thing at all. Humbly Praying that the General Court will pleafe to Confirm the faid Town Vote & the Doings of the Committee there- upon, and that they may be a diftindl Precind & Impower'd to choofe fit Perfons among themfelves to aflefs & Levy a Tax for the Support of their Minifter & Defraying other Charges, & to do fuch other A«5ts as may be agreeable to the Laws &?
In the Houfe of Reprefenff Ordered, that the Prayer of this Petition be granted fo far. That a new Precinft be conftituted & fett off with all the neceffary Powers & Privileges ufed & exercifed by Precinfts for the Maintenance of the Gofpel Miniftry agreeable to, the Limits & Conditions exprefs'd in the Report of the Committee apointed by the Town of Dorchejler for that End, & which is figned by Samuel Clap, Samu' Topliffee & Samuel Wales. In Council ; Read & Concur'd.
Confented to, W" Tailer.
Adjourned unto To Morrow at ten o Clock in the Morning.
Tuefday Dec' 20. 17 15.
Prefent in Council.
The Hon"!' William Tailer Efq' Lieu Gov'
Wait Wintrop Elijha Hutchinfon Sam'. Sewall Jqfeph Lynde Elia" Hutchinfon Penn 1'ownfend
Efq'
Nath'. Byfield And"" Belcher Edw^ Bromfield NatH. Payne I'homas Noyes
I Efq'
John Clark Addin: Davenport Tho' Hutchinfon Tho' Fitch Edm'f ^incy Adam Wintrop.
Efq'
TN the Houfe of Reprefent"* Refolved tha.t the Sum of Two Hundred Pounds be ■*■ allowed & paid out of the Publick Treafury to his Honour William "Toiler Efq' Lieutenant Governour & Commander in Chief of this his Majefty's Province for his Support in Managing the Affairs of the Governm! In Council ; Read & Concur'd, and, Advifed & Confented that a Warrant be made out to the Treafurer for the Payment of the above Two hundred Pounds.
Confented to, W" Tailer,
The Award of the Committee upon the liland of Chebaquidduck, Concur'd in both Houfes. Entr'd in the Book of Laws Page 249 at large.
In the Houfe of Reprefent'f Refolved, that the Sum of Five Hundred Pounds be allowed & paid out of the publick Treafury to the Committee appointed by this Court to build a Light Houfe on Beacon IJland at the Entrance of the Harbour of Bojlon, for the carrying on of that Work, To be accounted for to this Court.
In Council; Read & Concur'd.
Confented to, W" Tailer.
In the Houfe of Reprefent'f Refolved, that the Sum of Thirty Pounds be allowed & paid out of the Publick Treafury to John White Clerk of this Houfe for his Service in the Year Currant.
In Council; Read & Concur'd.
Confented to, W"" Tailer.
In the Houfe of Reprefent'f Refolved, that the Sum of Twenty Pounds be allowed & paid out of the Publick Treafury to John Flagg Door-keeper to his Honour the Lieu! Governour & this Court for his Service half a year ending the 26 Day oi December Inftant.
In Council; Read & Concur'd.
Confented to, W" Tailer,
In
[90]
In the Houfe of Reprefenff* The Gentlemen appointed by this Court a Com- mittee to take Care for the Building of a Light Houfe &' not having Leifurc to attend that Work,
Ordered, that the Overfight of that Work be committed to M' William Payne & M' Zechariah 1'uthill to carry on & finilh the fame agreeable to the Advice & Direc- tion they {hall from time to time receive from the faid Committee, And that Sixty Pounds be allowed to them for the whole of that Service, When it Ihall be compleated.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
An Engrofs'd Bill entituled An ASi for the Encouraging the Raijing of Hemp within this Province. Pafs'd by the Reprefent'." to be Enadted.
In Council ; Concur'd to be Enadted.
Confented to, W" Tailer.
An Engrofs'd Bill entituled. An ASl for Holding i£ Keeping a Superior Court of Judicature, Court of AJJvze i£ Generall Gaol Delivery within & for the County of Hamplhire. Pafs'd by the Reprefenf" to be Enaded.
In Council ; Read & Concur'd to be Enadted.
Confented to, W" Tailer.
An Engrofs'd Bill entituled An A£l to prevent the unnecejfary Journeyings of the Reprefent"'.' Pafs'd to be Enafted by the Reprefent"'
In Council ; Concur'd to be Enaded.
Confented to, W" Tailer.
An Engrofs'd Bill entituled An Aa in Addition to the A£l Entituled An A£l for Regulating of Town/hips, Choice of 'Town Officers, 6f Setting forth their Power, Made £5? Pafs'd in the fourth 0/ William l^ Mary.
Pafs'd by the ReprefentT to be Enafted.
In Council ; Concur'd to be Enaded.
Confented to, W" Tailer.
An Engrofs'd Bill entituled An ASl for the maintaining i£ propogating of Religion. Pafs'd by the Reprefenf" to be Enaded.
In Council ; Concur'd to be Enadled.
Confented to, W" Tailer.
Upon Reading the Petition of Richard Car of Salifhury in the County of Effex, Mariner, Importing, That about the Year 1687, The then Governour & Council were pleaf 'd to grant Liberty to Lieu Col° March to keep a new Ferry over the lower Part of Merrimack River between Newbury & Salifhury, During their Pleafure, Wl" Ferry has been fince continued & of late fettled by the Quarter Seffions of the faid County upon the Towns of Newbury & Salifhury, both which are in Prejudice of a Grant formerly made by the General Court to M' George Car the Petitioners Father, and have been & now are very injurious to his Heirs, and humbly Prays that Juftice may be done him. To which End he offers the following Particulars ; viz'. That there was by Order of the General Court, a Covenant made between the Court of Salifhury & M' John Car the Petitioners Father, about building a Float Bridge over Merrimack River Si' And Confirm'd by the General Court Anno 1650 & 1660, & therein an ancient Grant of the whole Ferry or Ferrys between Newbury & Salifhury was conditionally made to the faid Car & his Heirs ; that the Covenant on the faid Cars Part was fulfilled to the Satisfadion of all, as appears not only on Record, But alfo in that there was never any Obje<5lion made againft him, nor can there be juftly at this time. That in Fulfilling this Covenant the faid Car was at more than Three Hundred Pounds expence in firft Building the Bridge & other Accommo- dations for the Ferry, And that in the Settlement of the faid Car's Eftate, This Grant & Privilege was apportioned & appraif'd to his Heirs James & Richard (the Peti- tioner) at near Four hundred Pounds ; That the Granting or Settling a Ferry between
Newbury
[9.]
Newbury & Salijbury or any others was a Breach of Covenant on the Countrey's Part, & contrary to the Intention & Meaning of the Covenanters on both Sides, & a manifeft lUufion to faid Car & his Heirs; That the faid Car would not have been at fo great a Charge, had he thought that a Ferry but a little below him would have ever been Granted to any other. Which would fpoil both the Cuftom & Profitt of that which was attended with fo great a Charge, as it hitherto hath been, almoft to the undoing of us to whofe Lot this Part of our Fathers Eftate fell, Who for being kept out of our Right are damnified at leaft Fifty & Sixty Pounds a Year, That it cannot be fuppofed the General Court made any Refervation to the Contrary, but that the true Intent & Meaning of their Grant & Covenant was the faid Car & his Heirs Ihould have the fole Benefit of Ferry or Ferrys between the two Towns aforefaid, w"^ is evident, in that the other Ferry below was put down as foon as the Bridge was finifhed. And that when another Ferry was thought needful fome miles above the Ferry, The General Court judged it juft to give the faid Car the Offer & Grant of it Anno 1669. And at the fame time declared it was needful fo to do to make good their ancient Covenant with him, And that if any other Ferrys fhould be thought ufeful for the Countrey within the aforefaid Limits, the s? Car fhould have the Refufal of keeping them. That when the lower Ferry aforefaid was firfl fett up. The Offer of it was never made to M' Cars proper Heirs of that Right, Neither had they both the Refufal of it. That what ever was propofed to the Petitioner about it was not rejefted. That he only objeded againfl fome Propofals, which he fuppofed he had juft Reafon for, as being contrary to the ancient Grant & Covenant, That the firfl Grant or Permit to keep the lower Ferry aforefaid to Coll. March was only during Pleafure, That it can be no Prejudice or Detriment to the Countrey nor any Perfon what foever, now to grant & fettle it on them to whom it of Right belongs ; That the late Settlement by the SeflTions of a Ferry at the fame Place upon the two Towns aforefaid was done without the leaft Offer to either of the Heirs or the faid Car or Giving them any oppertunity of Setting forth their Right or Speaking for themfelves, & contrary to the Grant & Covenant according to which the Ferry was not to be kept by Newbury & Salijbury till the aforefaid Bridge fell down, and then no longer to continue fo, but till it fhould be rebuilt by the faid Car or his Heirs ; That it is of necefTity that that Ferry fhould be kept up, where & for which the Bridge was built for the publick Benefit of the Countrey, Becaufe it is impofldble to keep or pafs the lower Ferry at all Times, & very hazardous for a great Part of the Winter, tho' it may be convenient in the Summer, when it draw away all the Cuftom & Profit of the old ferry ; That the Petitioner fuppofes it juft & reafonable, that he who keeps up the old Ferry of neceffity for the publick Good fh? have the Benefit & Profit of the new Ferry, W? is only for the Conveniency of fome Perfons & at fome times, to fupport & maintain at an extraordinary charge that which is kept of neceffity. That he humbly oflfers thefe Confiderations to the General Court, Humbly Praying that the aforefaid Ferry over the lower part of Merrimack River, may be either wholly put down, or fettled according to the afore- faid Grant & Covenant with the faid Car & his Heirs, or that the Refufal of keeping the fame, at the fame price at which it is now kept may be given to the Petitioner.
In the Houfe of Reprefent'"; Ordered. That the Petitioner ferve the Towns of Newbury & Salijbury with a Copy of this Petition, That they be heard there upon before this Court, upon the fecond Wednesday of the Seffion of this Court in May next. If they have any thing to objedt, Why the Prayer thereof fhould not be granted.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
A Bill entituled An A£t in Addition to an A£t entituled An A£l for making Lands i£ Tenements liable to the Payment of Debts, Made & Pajs'd in the eighth Tear of the Reign of King WMiiin : Pafs'd by the Reprefent'!* to be Engrofs'd. In Council;
Concur'd.
Adjourn'd unto To Morrow at ten o Clock in the Morning.
Y Wednefday
40^
[9^
Wednefday Decern. 21. 1715
Prefent in Council The Hon"'' William Jailer Efq' Lieu' Govern'
Eli/ha Hutchinjon Samuel Sewall Jo/eph Lynde Eli'"Hutchinfon Penn 'Town/end.
► Efq'
Andrew Belcher Edw^ Bromfield Nathl Payne Nath'. Byfield Thomas Noyes John Clark
Addin: Davenport Tho'. Hutchinfoji y^ , 'Thomas Fitch " Edm'' ^incey Adam Wintrop.
-Efq'
T TPon Reading a Petition of feveral of the Inhabitants oi Hatfield, Importing, That ^^ they have humbly offered a Petition to the General Court for Relief from the Grievances they lye under from the Impofitions of their Neighbours of Hadley upon them, which Petition is ftill depending. That they are inform'd that fome of the General Court are of Opinion, That tho' there may be reafon to releafe the faid Town of the Burthen complain'd of, yet the Altering the Bounds of Townfhips may prove matter of future Inconvenience, That they now renew their Petition, fetting forth the Hardfhips they ly under in Paying their Proportion of Taxes to the Town- fliip of Hadley, not only for the Province but the Miniflry alfo, & all Town Charges, tho they partake of no Town Privileges, That they are of the fame Opinion with their Neighbours, that all their Lands on the Weft fide of the River may be affigned to pay their Proportion of all Town Charges to & with the Townfhip of Hat- field forever, Altho' their dues there upon will be greater than at prefent to Hadley, their accommodations being double in Value, If the Lands petitioned for be annex'd to them, Inafmuch as they enjoy the Miniftry & all Town Privileges in Common they think it reafonable to be at an equal Expence with them in fupporting them. Praying humbly Relief.
In the Houfe of Reprefent'f Read & Ordered, that John Pynchion Efq' M' Luke Hitchcock M' John AJhley be a Committee to whom this Petition is refer' d, to con- fider the fubje6l matter & Allegations, and make Report what they think proper to be done thereon at the Seffion of this Court in May next.
In Council ; Read & Concur'd.
Confented to, W" Tailer.
The Report of a Special Seffions held at Wenham Sept 6. 17 15. viz!
Effex fs Anno R' Reg' Georgii fecondo.
At a fpecial Seffions of the Peace holden at Wenham within & for the County of EJfex by a particular Order of the Governour & General Court for the Hearing & Determining the Differences arifing in the Town of Wenham fett forth in a Petition under the Hands of William Fairfield, Jqfeph Herrick &" in Behalf of themfelves & others.
Prefent, John Appleton Efq', John Higginjon^ Efq', Thomas Noyes Efq', Samuel Appleton Efq', John Burril Efq'.
The Court of Special Seffions being opened. The Petitioners & Defendants call'd & appeared & after a full Hearing of all fides, & the Papers Read & perufed, After fome Overtures of an Accommodation W! prov'd abortive ; It is confidered by the Juftices aforefaid in Special Seffions affembled as before exprefs'd in manner following ; wzf
That the Petitioners or Complainants had no fufficient Ground of Complaint in Manner as fett forth in their Petition to the General Court.
In Council; Read & Accepted. In the Houfe of Reprefent'f" Read &
Concur'd.
Confented to, W" Tailer.
A
[93]
A Report of the Committee relating to Sudbury.
In Obedience to the Order of the Great & General Court or Affembly, We the within named Committee have been at Sudbury, & have view'd the feveral Places fhewn to us by the Inhabitants on the Weft Side of the River for Setting up a New Meeting Houfe & are of Opinion that a Place called Poplar Swamp Gutter on the Weft Side of the faid Gutter & on the North Side of Lancafter Road between the f! Gutter & Heart Pond is the moft convenient Place for Eredling the faid Meeting Houfe. We have alfo heard the Inhabitants on both Sides the River referring to the way of Supporting the Miniftry; The Inhabitants on the Eaft Side are willing to give one Half of the Land in Sudbury to make the Weft Precinft, & fo each maintain their own Minifter, Which the Inhabitants of the Weft Side of the River do refufe, & inftead thereof propofe to build a Meeting Houfe at their own Charge & fettle a Minifter, And that the Miniftry on both Sides the River be fupported equally by the whole Town : The faid Committee do alfo report that there is a new School Houfe eredted on the Weft Side juft by the River, Which may accommodate at prefent the whole Town, all which is humbly fubmitted :
(Signed) Penn Townsend, in the name of the Committee.
Bojlon, December 8. 17 15.
In Council ; Read & Accepted as to the Place for Erefting the new Meeting Houfe, and that the Inhabitants do in common maintain & pay both their Minifters.
In the Houfe of Reprefent"' Read & Concur'd.
Confented to, W" Tailer.
In the Houfe of Reprefent'f Re/ohed, That the Treafurer be and hereby is Diredled & Impowered to iflue forth & Emit the Sum of Four Thoufand Pounds of the Bills of publick Credit on this Province that are or (hall be receiv'd into the Treafury for Payment of the publick Debts of the Province for the Defence & Sup- port of the Governm! & the neceflary Protection & Prefervation of the Inhabitants of this Province, And for the Subfifting of Forts or Garrifons & Wages arifing for their Service, And for Payment of Grants Salaries & Allowances made & to be made by this Court, According to fuch Draughts as from Time to Time fliall be made upon him by Warrant or Order of the Governour or Commander in Chief for the time being by & with the Advice & Confent of the Council. And the faid Bills fliall pafs out of the Treafury at the Value therein exprefs'd equivalent to Money. And ftiall be taken & accepted in all public Payments at the Advance & after the Rate of Five Pounds per Cent more.
And as a Fund & Security for the fame, there be, & hereby is granted unto his more Excellent Majefty to the Ends & Ufes aforefaid, a Tax of Four Thoufand Pounds to be levyed upon Poles & Eftates both Real & Perfonal in this Province, according to fuch Rules & in fuch Proportions on the feveral Towns & Diftri(5ls within the fame, As ftiall be agreed on & Ordered by the Great & General Court or Aflembly of this Province at their Seffion in May Anno 17 19: & paid into the Treafury on or before the laft Day of December next after.
In Council ; Read & Concur'd.
Confented to, W° Tailer. Upon Reading an Accompt prefented by Jojeph Jenks, amounting to Two hun- dred twenty three Pounds fourteen ftiillings & eleven pence being the expence of building a Bridge over Pawtucket River.
In the Houfe of Reprefent'f Refolved, that the Sum of Fifty one Pounds feven- teen Shillings & five pence half penny be further allowed & paid out of the publick Treafury to Joftph Jenks the Accomptant, which with Sixty Pounds already paid by this Province is one half of this Accompt, & is in full of what this Province pays to the building of the faid Bridge. In Council; Read & Concur'd.
Confented to, W" Tailer.
An
^
[94]
An Acc° being prefented by Andrew Belcher Efq' Addin : Davenport Efq' Thomas Hutchinfon Efq' Edward Hutchinfon Efq' & M' John White the Truftees for the Fifty Thoufand Pounds Loan, of all their Proceedings therein : Upon which the following Order pafs'd ; viz'.
In the Houfe of Reprefent'!' This Accompt being laid before the Houfe & con- fidered, Ordered^ that it be accepted, & the Service of the Truftees be approv'd fo far as they have proceeded in the Affair.
In Council; Read & Concur'd.
Confented to, W" Tailer.
In Council ; In Anfwer to the Petition of John Nel/on Efq' fett forth at large in Ordered, that the Aftion be heard at the next Inferior Court of Common Pleas to be held for the County of Suffolk, as to the merit of the Caufe upon the former Writt, the Petitioner giving Security in One Thoufand Pounds with a fufficient Bondfman to abide the Order of the Court in the common form, And ferv- ing the Plaintiffs with a Copy of this Order feven Days before the faid Courts Sitting, And that Execution upon the Judgment by Default be flay'd untill this Tryal be over & then to be utterly void: In the Houfe of Reprefent"" Read & Concur'd.
Confented to, W" Tailer.
Upon Reading a Petition of Richard Car of Salijbury, Mariner, Importing, that at his Majefty's Superiour Court of Judicature holden at Ipfwitch for the County of Ejffex the third Tuefday of May 17 12, he had an Aftion depending there by Appeal from a Judgment of an Inferior Court of Common Pleas held at Salem in ^une before againft the Executors of Coll. John Wainright Dec'd for One Hundred & thirty feven Pounds feventeen fhillings, But he miftaking the time of the Court appealed from, Calling it the third Tuefday of May, when it ought to have been the lafl Tuefday of June, The Court quafh'd his Reafons, fo that now he cannot proceed in the Law without an Order of the General Court; Humbly Praying that he may be enabled to amend his Reafons, And that giving due Notice to the adverfe Party his Caufe may be tried at the next Superiour Court at Ipfwich in May next. That he may not be ruined for fo fmall a miftake.
In the Houfe of Reprefent"?' Ordered, that the Petitioner ferve the adverfe Party with a Copy of this Petition, that they may be heard before this Court on Wednef- day the twenty firft Currant at ten o Clock in the forenoon. If they have any thing to alledge. Why the Prayer of this Petition fliould not be granted.
In Council; Read & Concur'd.
Confented to, W? Tailer.
A Bill for the better regulating Town & Proprietary Meetings. Pafs'd by the Reprefenf?" In Council; Read three feveral times, and Concur'd to be Engrofs'd with Amendments.
A Report of the Committee appointed for the Examination of the Memorial & Accompts of John Uflier Efq': vizt.
Purfuant to an Order of this Court of the fourteenth Inftant appointing us a Committee to confider the Memorial of John UJher Efq, We have infpedled the Accompts of the faid UJher, and the former Proceeding of this [Court] relating thereto, & have heard the faid Uflier there upon. And are of Opinion, that there is nothing due from this Court to the faid UJher, and that therefore the Memorial be Difmifs'd : All which is humbly fubmitted.
Dec: 21 (Signed) By Order of the Committee
And" Belcher.
In the Houfe of Reprefent™ Read & Concur'd with the Committee. In Council; Read & Concur'd.
Confented to, W"" Tailer.
Upon
[95]
Upon Reading the Petition of Cord JVing, Ship wright. Son of Cpt. John ff^ing
of Bq^on Mariner Dec'l Importing, That at the Infcriour Court held at Bofton in
January 171 1. Sarah Tomlin as Executrix to the Will of her former Hufband John
Street Dec"!; And as Adminiftratrix to the Eftate of her late Hufband 'Thomas Tomlin
Dec"! Inteftate recovered two Judgments. And again at the Superiour Court held at
Bofton in May \~i\i. as Executrix aforefaid obtain'd a third Judgment, all againft the
Eftate of the faid Cpt. John Wing Dec'! The feveral Sums by her recover'd including
Colls of Suit amounting in the whole to the Sum of One hundred forty fix Pounds
or thereabouts. That three feveral executions ifiued out upon the faid Judgments in
the Month o{ December 17 12. That on the twenty fifth Day of the faid Month the
SherifF of Middlefex levied the fame upon a Parcell of Upland & Meadow lying in
the Townfliip of Worcejler ftiewn by the faid Sarah Tomlin to be the Eftate of the
faid Capt. John Wing Dec'd, Which Land with all the Eftate which he died feiz'd of
in Worcefter aforefaid was appraiz'd at the Sum of One hundred & fifty two Pounds,
feventeen penny halfpenny weight and being reckon'd juft enough to fatisfie the faid
Executions & Charges thereupon. The faid Sarah Tomlin accepted the fame in
Satisfad;ion thereof accordingly & paid the Sheriff his Fees; That he has Reafon to
think that neither the Sheriff himfelf nor the Apprizers knew of all the Eftate, which
the si Cpt. John Wing died feiz'd off in the Town of Worcejler (altho' it be fo
cxprefs'd in the Apprizment in very ambiguous terms) for that really the Eftate of
the faid Cpt. John Wing in Worcejler is worth at leaft Five hundred Pounds, That he
has tendered her the aforefaid Sum of One hundred & fifty two Pounds with Intereft
thereof from the time that the faid Executions were levied upon the faid Eftate, in
order to free the fame] from the Incumbrance aforefaid ; That the faid Sarah Tomlin
relying on the Sheriffs returns, & the Appraizers Doings as aforefaid, utterly refufes
to accept the Sum offered her, & to releafe & quit her Claim in the faid Eftate un-
juftly holding Poffeffion thereof. That he is without Remedy in the Law without
relief from the General Court, and muft loofe an Eftate worth above Five hundred
Pounds (which was appraiz'd by Men moft certainly ignorant of the Quantity of
Acres or the intrinfick Value thereof) at no more than One hundred & fifty two
Pounds; That all the Eftate of the faid Cpt. John Wing was given to him by his laft
Will & Teftement; Humbly Praying that the General Court pleafe to take the
Premiffes into Confideration. That the faid Eftate may be confirm'd to him & his
Heirs for ever, Purfuant to his Father's Will, upon his paying to the faid Sarah
Tomlin the principal Sums which ftie recovered againft his faid Father's Eftate,
together with the Cofts of Suit & Sheriff Fees & other Charges with the Intereft of
the whole. For that the faid Sarah Tomlin has been at no Expence to improve or
increafe the Value of the faid Eftate &c.
In Council ; Ordered, that the Petitioner ferve the adverfe Party with a Copy of this Petition that they may be heard before this Court on the fecond Fryday of the next Seffions, If flie hath any thing to obje6t why the Prayer thereof fhould not be granted.
In the Houfe of Reprefenff Read & Concur'd. <
Confented to, W" Tailer.
A Bill ' entituled An A5t in addition to an AEl for the Settlement £5? Diftribution of the Eflates of Inteftates made i£ Pajsd in the fourth Year of the Reign of King William ^ ^een Mary &? Pafs'd by the Reprefenf" to be Engroft. In Council;
Concur'd to be Engroft.
In the Houfe of Reprefent'" Upon Reading the Petition of Nathaniel Goodhue & Thomas Choat,
Ordered, that the Petitioners ferve the Town of Ipjwich with a Copy of this Petition, that they may be heard before this Court on the fecond Fryday of the next Seflion, If they have any thing to objedl why the Prayer thereof ftiould not be
Z granted.
[96]
granted. And that in the mean time. The Perfons & Eftates about which there is a Controverfy continue to pay to the Miniftry as formerly. In Council ; Read & Concur'd.
Confented to, W"" Tailer.
Adjourn'd to To Morrow at Ten o Clock in the Morning.
Thurfday Dec' 22, 17 15
Prefent in Council.
The Hon"" TVilliam Tailer Efq' Lieu. Governf
Wait Wintrop Eli/ha Hutchinfon Sam'. Sewall Jojeph Lynde Eli'" Hutchinfon Penn Townfend
Efq'
Nath'. Byfield John Higginfon And" Belcher Edw^. Bromfield Nath'. Payne 'Thomas Noyes
Efq'
John Clark Addin: Davenport Tho' Hutchinfon Thomas Fitch Edm^ ^incey Adam Wintrop.
Kfq'
A N Engroft Bill entituled An A£i for the better regulating Town &" Proprietary •*^ Meetings; Pafs'd by the Reprefent™ to be Enaded.
In Council; Read & Concur'd. And figned by the Lieu! Governour.
An Engrofs'd Bill entituled An A5f in addition to an A£l for the Settlement & Dif- tribution of the EJiates of Intejiates &'. Pafs'd by the Reprefent'" to be Ena6ted. In Council ; Read & Concur'd. And figned by the Lieu! Governour.
In Council, Upon Reading the Petition of Richard Car of Salijhury Mariner, which is at large fett forth in the
Ordered, that the Prayer of this Petition be granted, and that the Petitioner ferve the adverfe Party with a Copy of this Order fourteen days at leaft before the Courts Sitting. In the Houfe of Reprefent'?' Read & Concur'd.
Confented to, W" Tailer.
A Meffage to the Reprefent'f by Andrew Belcher & John Clark Efq? That the Bills for Regulating the Colleftors & the Admiralty fees being of great Confequence, the Board defire they may be deferr'd untill the next Seflion, That they may have a more mature Conlideration of them.
A Meffage from the Reprefent"' by Cpt. Noyes that the Houfe have defer'd the Confideration of the Vote for Two hundred Pounds to M! Agent Bummer till next Seflion.
A Meffage from the Hon"!' the Lieu! Governour by John Clark & Addington Davenport Efq" to the Reprefent'f to Defire their Attendance on him forthwith in the Council Chamber.
And M' Speaker & the Houfe being accordingly come up. The Hon"!' the Lieu! Governour fignified his Pleafure That this Great & General Court or Aflembly be Prorogued unto Wednefday the twenty fecond oi february next at ten o Clock in the Morning, which was publifhed by the Secretary.
^
Index
[99]
Index
Accounts, treafurers, 7. Adams, Hugh, petition of, 77.
Jacob, Jr., petition of, 25, 39. Nathanael, 70. Addington, Ifaac, allowance to, 55, 72. Addrefs to the Icing, 4, 7, 73. Allen, Francis, petition of, 20, 21.
Jeremiah, Treafurer, accompts, 7, 9, 10, 66;
eleftion of, 25 ; allowance to, 29, 31, 36,
45, 56 ; mention, 18. Jofeph, xvii. Ambrofcogging river, 15. Amfden, Ifaac, petition of, II. Andover, 16.
Andros, Sir Edmund, 54, 82. Antony, Benjamin, an Indian, 10. Appleton, John, xvii ; elefted to Council, 2 ; takes
oath, 60 ; on Wenham cafe, 30, 92. Samuel, on Wenham cafe, 30, 92 ; on New
Hampfhire line, 83. Arnold, Seth, Captain, xvii ; elefted monitor, 2 ;
on entertainment of governor, ii ; on Coni-
haifet petition, 17. Arrowficlc Ifland, 4, 7, 12, 15, 23. Afliley, John, xvii ; on Hatfield petition, 92. Afliurst, William, x. Aflanomifco, I 2. Affembly, journal of May feiSon, 1 ; July, 3 5 ;
Auguft, 51 ; bill for frequent calling of, 83. Afleflment, town and county, bill for, 40, 42. Atkins, Thomas, 78. Attorney General, eleftion of, 25, 28, 31, 32, 80,
81, 82, 83. Auftan, John, 39, 44.
Baker, Thomas, 7.
Balch, Samuel, xvii, 37.
Bane, Lewis, 41.
Barker, Thomas, Captain, xvii.
Bamftable court feffions, bill for, 14, 17, 25; men- tioned, 29, 77, 87,
Beacon Ifland, see Light houfe.
Beauchamp, Magdalene, 39.
Belcher, Andrew, elefted to Council, 2 ; on tax com- mittee, 18; petition, 23 ; on Ulher's petition,
82, 94 ; on bills of credit, 86, 94 ; mentioned, 4. 36, 39. 42. 45. 46. 5°. 56. 83, 96.
Jonathan, 23.
Bennet, John, xviii.
Bernard, John, 63.
Berwick, 6, 20, 21.
Billing, Roger, petition of, 78.
Billings, John, petition of, 78.
Bills of credit, of other colonies, 28; condition of, 35, 37 ; emifTion of, 48, 93 ; altering or counterfeiting, 64, 79 ; deflruftion of, 40, 66, 86.
Bills, figning of, by governor, 55.
Black Lead Mine Hill, 16.
Black Point, 15.
Blackwell, Caleb, petition of, 28, 72.
Blue Hills, meeting houfe, 88.
Bommazeen, Captain, 47.
Bond, Major, xiii.
Boflon, impotl office burnt, 3 ; powder houfe, set
Powder houfe. Boundary, with New Hampfhire, 83 ; with Rhode
Ifland, 3, 25, 38. Bowles, John, 61. Bowman, Francis, xvii. Boyden, John, Captain, xvii. Bradford, John, Major, eleftion of, 23; takes oath,
24 ; on tax committee, 45 ; mentioned, 28,
33. 70- Bradflreet, Humphry, petition of, 83.
Simon, heirs of, 14. Bramhal, Jofeph, petition of, 71, Brantrey, memorial of, 87, 88. Brattle, Edward, petition of, 62, 84. Bridgewater, feparate precinft in, 8, 62; new meeting
houfe, 76; mentioned, 33, 66, 86. Bridgham, Henry, petition of, 29. Brigham, John, petition of 3, 12, 45. Brimfield, 5, 6, 16.
Briftol County, tax, 29 ; boundary of, 87. Bromfield, Edward, elefted to Council, 2 ; mentioned,
46, 50. Brookfield, afTeffment, 16, 19, 44; mentioned, 5, 6,
12, 30, 40, 74, 87. Brown, Hopeftil, petition of, 3, 45. Jofeph, petition of, 9, 21. Samuel, elefted to Council, 2 ; takes oath, 60 ;
mentioned, 61. Brunfwick, eflabliflied and named, 15; fort at, 23,
37. 41. 42. 43. 47. 49. 50. 54. 55- Buckminfler, Jofeph, Major, xvii.
Bulkley , 73.
Bull, Ezekiel, petition of, 30.
Job, 14, 22. Burbank, John, 39. Burges, Elizeus, Colonel, z; commiilion read, xiii,
59 ; preparations for receiving, 11, 12, 26,
32, 33, 60. Burglary, bill againfl, 14, 17, 25. Burnap, Jofeph, 7 1 . Burrill, John, Speaker of the Houfe, xvii, i ; land
grant. S3. SS; mentioned, 3, 30, 62, 92. Buttrick, John, xvii. Byfield, Nathaniel, xi ; inveighs againfl Dummer,
xii, xiii ; elefted to Council, 2, 70 ; on
trade committee, 82; on conference over
Attorney General, 83.
Campbell, John, petition ofj 2 1 , 26.
Canada, Englifh captives, 5 ; expedition of 1 7 11 , 19,
20, 23. Cape Breton, 7, 38, 42, 73. Cape Porpus, I 5.
Cape Sable Indians, 36, 42, 44, 49. Car, George, 90.
James, 90.
John, 90.
Richard, petition of, 90, 94, 96. Carolina Indians, 28.
Cary,
[ loo ]
Cary, Nathanael, petition of, 19. Cafco Bay, 9, 15.
Fort, 4, 7, 12, 23, 24, 32, 41, 49, so, 52,
54- Caftle William, 5, 19. Cawley, James, Captain, xvii ; petition of, 9 ; on
committee, 53; mentioned, i, 3, 4, 28, 37,
45. 5'. 53. 55- Cayley, Captain, 36, 38. Chamber of Houfe, repairs, 3. Chambers, Charles, Captain, xvii ; petition of, 19;
on committee to deftroy bills of credit, 40, 67 ;
on tax committee, 45 ; on addrefs to the king,
73 ; on Ufher's petition, 8z ; mentioned, 7,
10, 28, 50, 53, 56, 69. Chandler, John, report on Brimfield, 6 ; mentioned,
30, 87. John, Jr., 64, 74.
Chapin, Jofiah, petition of, 17, 43.
Samuel, 17. Chaplain for fort at Winter Harbor, 9. Charter privileges, 73. Chatham, 75, 77. Chebaquidduck, award, 89. Cheever, Samuel, Rev., 63, 84. Chipman, John, xviii; mentioned, i, 45, 46, 82. Choat, Thomas, 95. Churches, Synod of, 8. Clap, Hopeftil, xvii.
Samuel, xvii; on committee on accounts, 10;
on Dorcheller committee, 89; mentioned, i,
7, 24, z8. William, petition of, 50. Clark, John, elefted to Council, 2 ; on bills of credit,
67 ; on addrefs to the king, 7 3 ; on Watertown
affair, 75 ; mentioned, 4, 43, 45, 46, 49,
50' 54. S5. 96-
Clerk of Houfe, i, 36, 42. 5i?^ John White.
Coffin, James, xviii.
Coker, Benjamin, 16, 22.
Cole, Henry, 14.
Mary, petition of, 14, 18, 31.
Colman, Benjamin, 8, 18.
Commiffion, governor's, 59, 60.
Concord, boundary, 27.
ConihafTet, 6, 16, 17.
Connefticut, 6.
Converfe, Jofiah, Captain, xvii, 22, 27.
Cooke, Elifha, 65 ; elefted to Council, 2; on recep- tion of Burges, 3 2 ; memorial of, 65; men- tioned, 67. Eliflia, Jr., xvii; on addrefs to the king, 4; on treafurer's accounts, 7, lo; on tax committee, 45; on trade committee, 82; on Ufher's petition, 84; mentioned, 3, 6, 19, 24, 28,
31, 32, 49, 50, 60, 61, 70, 73, 78. Coomes, Hephzibah, petition of, 5, 14, 31, 84, 85.
Richard, petition of, j, 14, 24, 31, 37, 84.
Cotta, John, Jr., 60, 67.
Cotton, Rev., 71.
Council, allowance to, 27 ; memorial of, 4 ; meetings to be earlier, 5 3 ; minutes of, November and December, 1 71 5, x, 59.
Councillors, eleftion of, i, 61, 67, 69, 70.
Court of judicature, Hampfhire County, 88, 90.
Courts, Barnftable, 14, 17, 25.
Creditors, bill to enable, againfl abfconding debtors, 78, 80.
Currency, 18. 5if^ Bills of credit.
Cufhing, John, elefted to Council, 2 ; on Hingham committee, 1 7 ; takes oath, 60 ; on Bridge- water committee, 76; mentioned, 39, 59.
Danforth, John, 8.
Dartmouth, miniflry at, 28, 72.
Davenport, Addington, clefted to Council, 2 ; on committee on Eaftern Parts, 7 ; deftruftion of bills of credit, 67, 86 ; on addrefs to the king, 73 J on Ufher's petition, 82 ; men- tioned, 7, 39, 42, 43, 49, 50, 56, 59, 61, 69, 96.
David, Mallalawing, 3.
Davis, Ebenezer, 83.
Davis, Simon, Captain, xviii, I.
Davifon, Nicholas, Captain, 83.
Debtors, bill to prevent oppreffion of, 77, 79; bill to enable creditors to colleft from abfconding, 78, 80.
Deerfield, 74.
Delane, Jabez, petition of, 72.
Delano, John, petidon of, 28. Jonathan, xviii.
Denifon, William, xvii ; on deflruftion of bills of credit, 40 ; on addrefs to the king, 73 ; on Ufher's petition, 82; mentioned, I, 3, 25, 46, 53. 69, 70.
Dike, Rowland, 18.
Dining the Houfe, account for, 18.
Dor, Edward, petition of, 61.
Dorchefter, 20, 88,
Dowding, Jofeph, 44.
Dudley, Jofeph, Governor, criticifes Houfe, ix, x, 34 ; approves Councillors, 3 ; letters from, 4, 44 ; fpeeches to Houfe, 35, 51 ; allowance to, 56 ; mentioned, 27, 82, 83. William, 21.
Dukes County, tax, 29.
Dummer, Jeremiah, xi, xii, xiii, xiv ; petition of, 23 ; accounts of, 25 ; allowance to, 55, 56, 84, 96; appointed to agency, 85 • mentioned, 4, 7, 62.
Duxbury, 78.
Dwight, Henry, petition of, 13.
Eames, Thomas, 19.
Eaftern Parts, fettlement of, 9, 13, 14, 23, 32.
Eaftham, 75, 77.
Eaton, Jofeph, Captain, xvii.
Edfon, Jofiah, 66.
Eliot, John, Rev., 74.
Ellis, Robert, Dr., account of, 7 ; 21 ; mentioned, 69.
Emery, Samuel, petition of, 9, 15.
Epps, Daniel, xvii ; on reception of governor, 1 1 ;
on tax meafure, 45 ; mentioned, I, 31, 53,
55, 61, 69, 82. EfTex County, 29, 90. Eftates, fettlement of inteftate, 95, 96. Excife bill, 18, zo, 41, 48.
Fairfield, William, 92.
Farr, Stephen, petition of, 27.
Fees, regulation of, 25, 32, 33, 36, 37, 44, 96.
Fifheries, 42.
Fifke, Thomas, Captain, xvii.
Fitch, Thomas, eledled to Council, 2 ; on Hingham committee, 1 7 ; on tax committee, 1 8 ; peti- tion of, 19; on deftruftion of bills of credit, 67 ; on Hopkins' legacy, 70, 80 ; on trade committee, 82 ; mentioned, 43, 45, 46, 47,
49. 54. 55- Flagg, John, allowance to, 56, 89. Flood, Henry, 83. Fobes, Edward, xvii. Foot, John, xvii. Framingham, 12, 22.
Frances,
[.01]
Frances, Stephen, 22. Freeman, Conftant, xviii, 13.
David, xviii. Freetown, miniftry at, 32.
French, Stephen, xvii ; on Hingham committee, 17. French at Cape Breton, 38, 73. Frontiers, wellern, furvey of, 46, 52. Froll, Charles, 15, 41. Fulham, Francis, Captain, xvii ; petition of, 3, 4; on
tax committee, 45 ; on trade committee, 82 ;
mentioned, 3, 24, 33, 50, 53, 55, 56. Fuller, John, xvii.
Gardner, John, furveyor, 21, 28, 38, 83.
Gerrifh, Jofeph, 8.
Getchel, Jeremiah, petition of, 62.
Goddard, Edward, petition of, 4$.
Goffe, Edmund, Colonel, on Indian commiilion, 36,
42, 44, 60. Goodhue, Nathaniel, petition of, 95. Grants, right of Houfe over, 50. Great Brevvfter, see Light houfe. Green, Bartholomew, ix, 12, 52.
Jofeph, petition of, 12. Greenfield, Charles, petition of, 64. Greenland, John, xvii. Greenwood, Samuel, petition of, 19. Groton, boundary line, 4. Guild, John, xvii. Gulliver, Jonathan, petition of, 78.
Hadorell, Mary, petition of, 39.
Hadley, 5, 12, 64, 92.
Hale, Jofeph, xvii.
Hall, Gerfliom, xviii, 36. Jofeph, xviii.
Hamlet, Ipfwich, 70.
Hammond, Jofeph, xviii ; petition of, 9, 12; on boundary committee, 15.
Hampftiire County, 1 2 ; tax, 29 ; court of judicature, 88, 90.
Hampton, 79,
Harvard College, 15.
Harwich, 77.
Haffanamcefit, 3.
HaiTanamifca, 3 1 .
Haflings, Jonathan, petition of, 14, 23, 31. Thomas, 54.
Hatfield, miniftry at, 92.
Haverhill, 83.
Pond, 21, 64.
Hayne.;, John, heirs of, 10, 32, 45. John, 41, 69. Jolhua, petition of, 45.
Healy, Nathanael, complaint of, 49, 7 1 .
Hedge, Elilha, petition of, 75.
Hemp, raifing of, 88, 90.
Henchman, Nathaniel, 20, 73.
Herrick, Jofeph, 92.
Higginfon, John, Rev., 64, 65.
John, elefted to Council, 2 ; committee on Eaft- ern Parts, 7 ; petition of, 21, 28, 38; on Wcnham committee, 30, 92 ; on Indian commilTion, 36 ; takes oath, 60 ; on New Hampfhire boundary, 84 ; mentioned, 39. Nathanael, 21, 38.
Hill, Jofeph, petition, 75. , General, 23.
Hiller, Jofeph, allowance to, 55, 56.
Hingham, 6, 16, 17.
Hitchcock, Luke, xvii ; on addrefs to the king, 4 ; mentioned, 46, 92.
Hodges, Henry, Captain, xviii, 77.
Hofman, John, 62.
Holbrook, John, 61.
Hollingfworth, Richard, 26.
Holyoke, Edward, 63, 84.
Hopkins, Edward, 26, 80. See Moguncoy.
Hopkinton, naming of, 80.
Houghton, John, xvii, 27.
Houfing, prevent damage to, 80, 81.
Hubbard, Ifaac, petition of, 1 4.
Hunt, Samuel, 72.
Hutchins, John, xvii.
Hutchinfon, Edward, fettlement at Arrowfick, 4,
15; on trade committee, 82; on loan com- mittee, 86, 94 ; mentioned, 78. Eliakim, elcfted to Council, 2 ; on reception of
governor, 32 ; on burned bills of credit, 39 ;
on tax committee, 45 ; on trade committee,
82 ; mentioned, 56. Eliflia, elefted to Council, 2 ; on addrefs to
king, 7; on reception of governor, 32; on
tax committee, 45, 46. Thomas, elcfted to Council, 2 ; on Eaftem
Parts, 14, 47 ; on tax committee, 46, 50;
on deftruftion of bills of credit, 67 ; on trade
committee, 82 ; on loan committee, 86, 94 ;
mentioned, 35, 45.
Impost and tonnage, rates and duties, 18, 20, 23, 24, 29, 30, 37, 41.
office at Bofton, burnt, 3.
officer, cleftion of, 25. Indians, South Carolina, 28, 41. See Cape Sable. Ingofs, Eleazer, 62. Ipfwich, 7, 8, 20, 28, 70, 95.
Jencks, John, Major, 38.
Jofeph, 41, 93. Jones, Benjamin, xviii.
Samuel, Jr., 87. Journals, printing o(, ix, 34, 48, 52, 56. Judges, allowance to, 56.
Kelloc, Jofeph, 7,
Martin, 7, 74. Kemball, Caleb, 20.
Samuel, 20. Kent, John, 25. Ketteticut, 33, 86.
Kimball, , 14.
King, addrefs to, 4, 7, 73 ; fpeech of, 35. Kittery, 6, 20, 24.
Knowlton, Nathan, xvii ; on tax committee, 45 ; mentioned, 55.
Lancaster, 3, 11, 12, 22, 72.
Lands and tenements, liable to debts, 9 1 .
Laws, expiring, 6 ; paffed in feflions of 1715, xiv.
Legg, John, petition of, 62, 76, 84.
Leicefter, 22.
Leighton, John, i 5.
Leonard, George, xviii, 66, 77.
Leverett, John, allowance to, 56 ; on Hopkins' leg- acy, 70, 80.
Light houfe on Great Brewfter, 18, 24, 29, 30, 33, 36, 37, 40, 41, 89, 90.
Little, Ifaac, Captain, xvii, 17.
Littleton, 73.
Livcrmore, Daniel, petition of, 3, 4 ; mentioned, 87.
Loan bill, 86, 94.
Long Meadow Precinft, 1 1 .
Lord,
[ I02 ]
Lord, Jofeph, 41.
Lothrop, Jofeph, xvii, 33, 81.
, Captain, 79.
Lovering, David, 14, 17.
Lynde, Benjamin, elefted to Council, 2 ; takes oath, 60; mentioned, 75, 83.
Jofeph, elefted to Council, 2 ; mentioned, i .
Maccartv, Efther, 29.
Florence, 5, 24, 29, 31, 84, 85.
Sarah, 29.
William, 24. Macquoit, 15. Maguncoog, see Moguncoy. Maine, councillors, 2. Manchefter, William, xviii. Manley, William, Sen., 40. Marblehead, gunner, 9; meeting houfe, 62, 84. March, Lieut. Col., 90. Marion, Jofeph, 72. Marlborough, 3, 11, 12. Marfti, Daniel, xvii, 5. Marfhfield, 78.
Maffachufetts, boundaries, 3, 25, 38, 83; councillors, 2 ; right to Pifcataqua river, 6 ; fettling Eaftern Parts, 4, 7. Mather, Atherton, xvii.
Increafe, 1 8. Mayo, John, 61.
Samuel, xviii. Mears, Robert, 73. Medium of exchange, 11, 33. Mellifh, Aaron, 30. Melvil, David, 75. Members of Houfe, lift of, xvii. Mendon, 14, 17, 43. Merion, John, 14, 17. Merrel, Amos, 40.
Jeremy, 40. Merrimack river ferry, 90. Merry Meeting Bay, I 5 . Middlefex County tax, 29. Milton, 20. Minot, James, 40.
Mitchel, , 33, 87.
Mitchelfon, Edward, 12, 28.
Moguncoy, 26, 27, 38, 62, 69, 70, 80.
Momeufque, George, 21.
Money, railing of, 18, 20, 22.
Monomoy beach, 75.
Moodey, Samuel, petition of, 9, 15.
William, xvii, 50. Morfe, Jofeph, Captain, xvii, 4, 1 1 .
Jofeph, Rev., 88.
Nahan, 74.
Nantucket, tax, 29.
Nafhoba, 4, 72.
Natick, 26, 69.
Naval ftores, produftion of, 18, 20, 22, 73.
Negroes, duty remitted, 36, 39.
Nelfon, John, 43, 60, 67, 94.
New Hamplhire, duties impofed by, 6, 21 ; trading
vi'ith French, 38; veflels as coafters, 39;
boundary line, 83. New Plymouth, councillors, 2. Newbury, 9, 21, 90. Newell, Jofeph, 5, 24, 31, 84. Newitchawanock, 15. Newman, John, xvii, 54. Newton, Thomas, 32. Newton or Newtown, meeting houfe, 1 1 , 49, 71.
Norden, Nathaniel, elefted to Council, 2; mentioned, 59, 60.
Northampton, 5.
Northen, Ezekiel, xvii.
Northfield, 13, 19.
Nova Scotia, 2.
Nowell, Jofeph, 24. See Newell.
Noyes, Oliver, Captain, xvii; on boundary line with Rhode Ifland, 3 ; on committee on petitions, 4, 7, 9, 18, 19, 31 ; reception of governor, II, 12; petition of, 19; fort at Winter Harbor, 47 ; tax committee, 45 ; fupply of treafury, 51 ; deftruftion of bills of credit, 67 ; addrefs to the king, 73 ; on trade com- mittee, 82 ; mentioned, I, 2, 3, 28, 31, 32, 33. 43. 53. 55. 60, 78, 81, 96. TljCJBfts, xiii ; on Wenham affair, 30, 92; elefted to Council, 70 ; on New Hamplhire boundary, 83.
Oaks, Thomas, 65.
Odiorn, Jotham, 42.
Officers, civil, 68, 85 ; townftiip, 88, 90, 94, 96.
Oliver, Daniel, 70, 80.
Thomas, elefted to Council, 2 ; on Hingham al&ir, 17; mentioned, 46, 47, 50.
Oppreffion of debtors, 77, 79.
Orders of the Houfe, 2.
Ofgood, Peter, Captain, xvii, 2, 28, 33, 47.
Otis, John, elefted to Council, 2 ; accounts, 25 ; on Newtown report, 71 ; takes oath, 75 ; men- tioned, 1 1 .
Oucuncanog, 78.
Oxford, 3.
Paine, Nathanael, elefted to Council, 2 ; account of, 25 ; takes oath, 68 ; mentioned, 53, 77. William, xvii ; on addrefs to the king, 4 ; on expired laws, 6 ; on treafurer's accounts, 7, 10 ; on light houfe, 24, 90 ; on Indian miffion, 43; on weftern frontiers, 46; on fupply of treafury, 51, 54 ; on deftruftion of bills of credit, 67; mentioned, 19, 21, 36, 37. 45. 50, 53. 55. 60, 61, 69, 78. William, account, 3.
Palmer, John, 62.
Parker, Nathaniel, 71.
Parrie, William, 25.
Parfons, Jofeph, xvii ; on petitions, 3 ; on Brimfield grant, 6 ; on reception of governor, 1 1 ; pref- ervation of pine trees, 1 1 ; on road, 1 2 ; on tax meafure, 45, mentioned, 33, 61, 84.
Partridge, John, xvii, 6.
Samuel, petitions of, 5, 13 ; account, 7 ; memo- rials, 12, 42 ; mentioned, 44. William, 54.
Patch, Thomas, 20, 30.
Pawtucket river bridge, 41, 77, 93.
Payne, Samuel, xvii. See Paine.
Peebody, Oliver, 33. Richard, 33.
Pejepfcot Falls, fort at, 15, 24, ^-j, 41, 42, 43, 47,
49. 52. 54. 55- Pell, Edward, 3.
Pemberton, Ebenezer, xiv, 8, 18. Penicook, 46.
Pepperell, William, 42, 43. Perkins, Tobijah, xvii. Petidons, committee on, 3. Phillips, John, i. Phips, William, 71. Pierce, Stephen, xvii.
Pike,
[ ^^3 ]
Pike, Hugh, petition of, 68. Pinchon, see Pynchon. Pine trees, prefervation of, 1 1 . Pifcataqua river, 6, 24. Plailled, Elifha, xviii.
Ichabod, elefled to Council, 2. Plymouth, 9, 23, 78.
County, 29, 87. Policy Pond, 64. Pookookappoy Pond, 74. Port Royal, 68. Porter, John, 20.
Samuel, 20. PofTeflions, limiting, 30 ; quiedng, 36, 37, 46. Powder houfe, Bofton, 9, 10, 13, 31, 26, 37, 73, 75, 80 ; charges at, 74.
Powers, ,73.
Powning, Daniel, 73.
Pratt, Joieph, 8.
Prebblc, Abraham, xviii, 4, I 5,
Precepts, examination of, 2.
Prince, Samuel, 26, 38.
Printing of votes, ix, 34, 48, 52, 56.
Prorogations, 34, 50, 56, 96; notice of, 52.
Province, annual charges, 54; houfe, 86; land, 13.
Pumry, Ebenezer, 5.
Puncapaog, 20.
Pynchon, John, 30.
John, elefted to Council, 2 ; on Hatfield affair, 92 ; mentioned, 42, 43.
QiJABOAG, 74.
Quafon, John, 75. Jofephus, 75.
Quieting of pofleffions, 36, 37, 46.
Quincy, Edmund, elefted to Council, 2 ; on Hing- ham affair, 1 7 ; takes oath, 68 ; on Bridge- water cafe, 76 ; memorial, 87 ; mentioned, 4«. 43. 45. 46, 50. 5'. 56-
Randall, John, xvii ; cxpulfion of, 8.
Ranfom of captives from Indians, 43.
Read or Reed, Mofes, xviii, 2, 77.
Regillry of deeds, 25, 27, 33, 36, 37, +4.
Religion, propagation of, 81, 90.
Remington, Jonathan, xvii ; on expired laws, 6 ; on treafurer's accounts, 7, 10; on trade commit- tee, 21; on fupply of treafury, 5 1 ; on addrefs to king, 73 ; mentioned, 32, 37, 47, 49. 53, 61.
Reprcfcnutives, arreft of, 1 6 ; unnecefFary journeying, 88, 90.
Rhode Illand, boundary line with MafTachufetts, 3, 25, 38.
Rice, Edmund, xvii. Thomas, xvii.
Roads, 12, 15.
Robins, Jofeph, 10.
Robinfon, Captain, 78.
Rochefler, 8, 38.
Roc, Peter, petition of, 25, 39.
Rogers, John, xviii, 77. William, 20.
Rolf, Benjamin, 48.
Roxbury, 49, 71 ; free fchool, 61.
Ruffell, Daniel, 25.
Rudand, 21, 22, 53, 69, 87.
Saffery,
25-
Sagadehoc, 2.
Salem, i 2.
Salifbury, 79, 90.
Saltonllal, Richard, Colonel, 83.
Saltonflal's farm, 70. »
Sergeant, Peter or Power, 12, 86.
Setdement of Eaftem Parts, 9, 13, 14, 23, 32.
Sewall, Samuel, ix, xiv ; elefted to Council, 2 ; on ad- drefs to king, 7 ; petition of, Hopkins' legacy, 26, 27, 38, 70, 80; reception of governor, 32; addrefs to king, 73; mentioned, i, 41, 69, 75, 83.
Shantun or Shautun, Jolhua, 33, 86.
Shepard, Jeremiah, eleflion fermon, xi, xiv, 3, 19.
Sherbum, 4, 12, 22.
Sherin, Richard, 14. Sarah, 14.
Skeffe or Skiffe, Benjamin, xviu, I.
Skinner, Richard, 62.
Small-piece, John, 3, 4.
Smith, John, 75. Samuel, 75.
Soldiers, gifts to inlifled, 27.
Southack, Cyprian, 36.
South worth, W., Captain, xviii, 33.
Speaker, eleftion of, I.
Spooner, William, 28, 72.
Springfield, 5, 11, 12.
Stacey, John, 62.
Stanhope, James, x.
Staples, John, 7 1 .
Stemes, John, Lieutenant, xvii ; ele£led monitor, 2 ; mentioned, 27, 35. Samuel, xvii ; complaint againft, and caution,
'3- Stevens, Benjamin, Captain, xvii ; arreft of, 22 ; men- tioned, 1 6. ■ Stobo, Archibald, 36, 37. Stoddard, John, 5, 7, 13,
Simeon, 18, 33. Stoughton, William, Lieutenant Governor, 4, 27. Stow, Daniel, 69. Stow, 27. Street, John, 95. Stuart, Hugh, 75. Sudbury, 10, 93.
Suffield, controverfy over town office, 26, 39, 44. Suffolk County, tax, 29. Sutton, 8, 31, 62. Swampfield, 14, 45, 54. Sweetfer, Wigglefworth, 29.
William, 29. Sweetfor, Seth, 16, 22. Synod of churches, 8, 17, i8.
Tailer, William, Lieutenant Governor, commiffion, xii, xiii ; eleftcd to Council, 2 ; commander at CalUe William, 27 ; reception of governor, 32 ; allowance to, 56, 89 ; fpeech at open- ing of feffion, 59.
Tantiufque, 16.
Tappin, John, petition, 79.
Tarbal or Tarbol, Thomas, xvii, 7, 9, 10.
Taunton North Purchafe, 40, 65.
Tax, bill returned, 14; for year, 18; apportiontment, 29; poflponement of, 11, 23, 24, 26; law, 35; new bill, 36, 39, 41, 45, 47, 48; re- port, 46; levied, 93.
Taylor, James, petition of, 30, 81.
Thachcr, Peter, 8.
Thaxter, Samuel, Colonel, xvii ; on petitions, 3 ; reception of governor, 11, 26; on road, 12; on weflem frontiers, 46 ; on addrefs to the king, 73 ; on trade committee, 82 ; men- tioned, I, 2, 24, 37, 43, 51, 53, 55, 62, 66, 78, 81, 84.
Thayer,
[ I04-]
Thayer, Samuel, xvii. Thomas, Solomon, 69. Thomfon, Jacob, Captain, 77. Tiverton, licence in, 53. Tomlin, Sarah, 95.
Thomas, 95. Tonnage, rates of, 18, zo, 23, 24, 29, 30, 37, 41,
49. Topliffe, Samuel, 89, Toplham, 15, 47, 54. Towns, tax of, 32. Townfend, Penn, xiii ; elefted to Council, 70 ; takes
oath, 72. Townftiips, regulation of, 88, 90, 94, 96. Trade, report on, 11 ; difficulties of, 59, 82 ; with
French at Cape Breton, 38. Treafurer, account difallowed, 9 ; report on, 10 ;
eleftion of, 25 ; allowance, 29, 31, 36, 45,
56. Treafury, fupply of, 48, 50, 51, 52, 53, 54, 55. Trevot, Richard, 62. Truro, 13, 19, 50. Truflel, Henry, 64. Tucker, Daniel, 16, 21.
Ephraim, xvii. Tufts, Peter, Captain, xvii. Turpentine, 42. Tuthill, Zechariah, memorial of, 17, 18 ; arrears of
wages, 39, 76 ; on light houfe, 90.
Upper Scituate, 78.
Ufher, John, petition of, 82, 94,
Victualling Caftle William, 17, 18.
Wabon, Thomas, 69. Wachufett Hill, 41. Wadfworth, Benjamin, Rev., 8, 18. Wages, furgeon's, 45. WainWright, John, Colonel, 94. Wales, Samuel, 89.
Walker, , Admiral, 23.
Walton, , Colonel, 68.
Ward, Gerlhom, 87.
John, xvii, 17.
Richard, 41.
William, 26, 69, 71, 87. Ware, John, 22.
Warren, James, xvii ; death of, 9. Watertown, 13, 43, 75, 85. Watts, John, 4. Wells, 9, 15. Wenham, 20, 29, 30, 92. Wentworth, John, 14. Wefton, 67.
Wharton, Bethia, 60.
Dorothy, 60.
Martha, 60. Wheeler, Zebediah, 27. Wheelwright, John, elefted to Council, 2 ; mentioned,
4. 15. 4'- Whipple, John, 7, 28, 70. Matthew, 7, 28, 70.
, tertius, 70.
Whitcomb, Jofiah, petition of, 72. White, Edward, 44.
John, Captain, xvii ; elefted clerk of the Houfe, I ; on Indian commiffion, 36, 42 ; allowance to, 56, 89 ; on loan committee, 86, 94. Thomas, 4, 14. Whitney, Richard, 27. Wilder, Ephraim, 69. Willard, Simon, Major, 41. William, Stephen, 61. Williams, John, Rev., 5, 7. Samuel, 61. William, Rev., 67. Wilfon, William, xvii, 12. Wily, Timothy, xvii. Winchel, Jofeph, 39. Wing, Cord, 95.
John, 95. Winflow, Ifaac, elefted to Council, 2 ; takes oath,
69 ; mentioned, 42, 46. Winter Harbor, 9, i;, 41, 47.
Winthrop, Adam, Colonel, xiii, xvii ; on addrefs to the king, 4 ; on reception of governor, 1 1 ; on Hingham affair, 1 7 ; on light houfe, 24 ; on weftern frontiers, 46 ; on fort at Winter Harbor, 47 ; on deftruftion of bills of credit, 67 ; eleftion to Council, 70 ; takes oath, 72; on Ufher' s petition, 82; mentioned, I, 2, 21, 25, 53, 54, 55, 69, 71. Wait, elefted to Council, 2 ; petition of, 16; on
reception of governor, 3 2 ; mentioned, 49. Wait-ftiU, 6. t
Wolves, killing of, 78, 80. Woodbridge, Jofeph, 16, 22. Woodel, Gerfhom, 53. Woodward, Samuel, Secretary, xii, xiii, 60, 69,
73-
, 25.
Woono, Ifaac, 33, 86. Wootonookin, 74. Worcefter, 3, 12, 21, 34.
Yarmouth, 78. York, 9, 29.
Younglove, James, 25, 39. Thomas, 20.
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