THE
ACTS AND RESOLVES,
PUBLIC AXD PRIVATE,
Province of the Massachusetts Bay:
TO 'WHICH ARE PREFIXED
THE CHARTERS OF THE PROVINCE.
HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.
Published under Chapter 87 op the Resolves op the General Court
op the Commonwealth for the Year 1867.
Volume VIII.,
BEING VOLUME III. OF THE APPENDIX.
CONTAINING
EESOLVES, ETC., 1703-1707.
BOSTON:
WRIGHT & POTTER PRINTING CO, STATE PRINTERS,
18 Post Office Square.
1895 .
1896
ORDERS, RESOLVES, VOTES,
ETC.,
Passed 1703-4.
[3]
LEGISLATIVE LIST
l 7°3-4~
His Excellency JOSEPH DUDLEY.
Captain-General, and Governor-in-chief, etc. 1
THOMAS POVEY, Esq.,
Lieutenant- or Deputy-Governor, etc.
. ISAAC ADDINGTON, Esq.,
SECRETARY op the province.
COUNCILLORS OR ASSISTANTS-!
Of the inhabitants of, or proprietors of, lands ivithin the territory formerly called
the Colony of the Massachusetts Bay: —
"Wait "Winthrop, Esq., Elisha Hutchinson, Esq.,
James Russell, Esq., Samuel Sew all, Esq.,
Samuel Legg, Esq., William Browne, Esq., J
John Hathorne, Esq., Isaac Addington, Esq.,
* For the full title, see vol. VII., p. 331.
t Before the Assembly met, Dudley, perceiving that the deputies chosen were likely not to reelect those
councillors who had shown subserviency to the orders of the home government concerning rebuilding the
fort at Pemaquid, and in regard to settling a fixed salary upon the governor, informed the Lords of Trade
of his apprehension in a letter dated Sept. 15, 1703, in which he declared, " It is every day more apparent
that nothing will proceed well here 'till her majesty will please to name her own Council. The best men
in the province can have no share in the civil government 'till then." — " New England, Board of Trade,"
vol. 34, p. 197, in Public Record Office.
At the opening of the General Court, the new House of Deputies, in response to the Governor's mes-
sage to proceed in the election of councillors, returned a message in which they declared that each coun-
cillor elected should have the votes of a majority of the electors, and moved that this course be adopted
this year and for the future as " most agreeable to the charter." In this motion the Council concurred,
but the Governor dissented on the ground that the proposed course was contrary to all former usage, and
that it might result in a failure to elect the full board of councillors required by the charter; therefore
agreeably to his direction the election proceeded " after the former manner and usage."
Upon counting the votes it was found that the following members of the former Board were not
elected; viz., John Pynchon, Nathaniel Thomas, Barnabas Lothrop, John Appleton, and Nathaniel
Byfield; and the five following were elected in their stead: Thomas Oakes, Edward Bromfield, John
Sarfin, John Bradford, and Samuel Hayman. The Governor negatived five of the councillors chosen;
viz., Elisba Cooke and Peter Sergeant, of the old Board, and Thomas Oakes, John Saffln, and John Brad-
ford, newly elected. These vacancies were filled on the twenty-eighth, by the election of Samuel Legg,
Ephraim Hunt, Samuel Appleton, Nathaniel Paine, and Isaac Winslow, all of whom were approved by
the Governor. Sewall records that the election was " not finished 'till about 9 or 10 at night," and adds,
that the Governor in his speech to the Assembly alleged as his reason for negativing the 'five councillors,
that some were " poor, one superannuated ; some might have served the Queen better Aan they did."
Compare pp. 47, 48, and 64 of Whitmore's Civil List ; and see Palfrey's History of New England, vol. IV.,
pp. 254, 255, and SewalPs Diary, vol. II., pp. 78 and 79, and the Editors' notes.
t " Brown," in the Secretary's list.
[*]
6 Province Laws {Resolves, etc.). — 1703-4. [Representatives.]
John Phillips, Esq., Penn Townsend, Esq.,
Jonathan Corwin, Esq., John Higginson, Esq.,
John Foster, Esq., Andrew Belcher, Esq.,
Ephraim Hunt, Esq., Edward Bromfield, Esq.,
Daniel Peirce, Esq.,* Samuel Appleton, Esq.
#
Of the inhabitants of or proprietors of lands ivithin the territory formerly called
Nero Plymouth : —
John Walley, Esq., Isaac Winslow, Esq.,
John Thacher, Esq., Nathaniel Paine, Esq.|
Of the inhabitants of, or proprietors of land ivithin the territory formerly called
the Province of Maine : —
Eliakim Hutchinson, Esq., Benjamin Browne, Esq., J
Joseph Hammond, Esq. fit
Of the inhabitants of or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Ltnde, Esq.
For the Province, at large : —
Samuel Partridge, Esq.,§ Samuel Hayman, Esq.
REPRESENTATIVES or DEPUTIES.
May 26, 1703 to April 21, 1704.
Major JAMES CONVERSE, Speaker.
County of Suffolk.
Boston, Mr. Elizur Holyoke,|| Mendon,
Capt. Samuel Checkley, Wrentham,
Mr. Thomas Oakes,l[
Capt. Ephraim Savage.
Rozbury, Mr. William Denison. Salem
Dorchester, Mr. Hopestill Clap.**
Milton, Capt. Thomas Vose. Lynn,
Braintree, Lieut. John Baxter. ft Marblehead,
Weymouth, Capt. Stephen French. Beverly,
Hingham, Lieut. Theophilus Cushing. Wenham,
Dedham, Capt. Daniel Fisher. Ipswich,
Medfield, Mr. Eleazar Adams.
County of Suffolk — Concluded.
Capt. Josiah Chapin.
Mr. Robert Ware.:}:*
County of Essex.
Capt. Samuel Gardner,
Mr. Benjamin Lynde.
Lieut. Samuel Johnson.§§
Mr. Richard Tre vet. ||||
Mr. Isaac Woodbery.^f
Mr. Thomas Patch
Mr. Nehemiah Jewett,
Mr. Nathaniel Knoulton.***
* " Pierce," in the Secretary's list.
t " Payne," in the Secretary's list.
X " Brown," in the Secretary's list.
§ " Patridge," in the Secretary's list.
|| Chosen June 1, 1704, in place of Samuel Legg, Esq., who was chosen at the annual town meeting
and afterwards elected to the Council.
U " Oaks," in the Secretary's list, and " Okes," in the town records.
** " Clapp, " in the Secretary's list.
tt " Lieut.," in the town records, but " Mr.," in the Secretary's list.
%X Signed " Robard," to the qualifying oaths. According to the town records no choice was made at the
town meeting on the sixth of May.
4$ " Lieut.." iu the town records, but " Mr.," in the Secretary's list.
Illl " Trevott,'* in the Secretary's list.
Ifti " Woodbury," in the Secretary's list, but " Woodbery," in the town records, and so subscribed to the
qualifying oaths.
*** "Knolton," in the Secretary's list, and "Deacon," and "Knowlton," in the town records.
ftt Not sworn until March 14, 1703-4.
[Representatives.] Province Laws {Resolves, etc.). — 1703-4.
County
Gloucester,
Topsfield,
Andover,
Boxford,
Rowley,
Newbury,
Haverhill,
Salisbury,
Bradford,
Amesbury,
of Essex — Concluded.
Capt. James Davis.
Lieut. Ephraim Dorman.*
Mr. John Aslebee.f
Mr. John Pebody.J
Capt. Joseph Boynton.
Capt. Stephen Greenlef.§
Mr. John Hassaltine.||
Mr. John Clough.
Mr. Richard Kimball. ^[
Mr. John Kimble.**
Countt of Hampshire.
Springfield,
Northampton,
Hatfield,
Hadley,
Weslfield,
Suffield,
Lieut. John Hitchcock.^[f ^f
Mr. John Clarke.****
Mr. Eleazer Frary.fttt
Mr. Thomas Hovey.
Mr. Samuel Root.
Capt. Joseph Sheldin.JIJJ
County of Plymouth.
County of Middlesex.
Charlestown, Capt. Samuel Phipps.ff
Cambridge, Mr. Thomas Oliver.
Newton, Mr. James Trowbridge.
Watertown, Mr. Joseph Sherman.JJ
Sudbury, Mr. John Balcom.§§
Sherburne, Mr. Thomas Sawin.|J||
Framingham, Mr. John Haven.^
Marlborough, Capt. Henry Kerley.***
Maiden, Capt. Joseph Willson.fft
Medford, Mr. Thomas Willis.
Woburn, Maj. James Converse.
Reading, Lieut. Ilananiah Parker.JJf
Billerica, Mr. Thomas Richeson.§§§
Chelmsford, Mr. Nathaniel Hill.
Concord, Mr. John Wheller.il II II
Plymouth,
Scituate,
Duxbury,
Marshfield,
Bridgewater, Mr. Edward Fobes.
Mr. Nathaniel Thomas,
jun.§§§§
Mr. Samuel Clap. || Ijilil
Mr. Samuel Seabury.TflflFIT
Mr. Samuel Sprague.
County of Barnstable.
Barnstable, Capt. John Otis.
Yarmouth, Mr. Elisha Hall.
Eastham, Mr. Samuel Knowles.
Sandwich, Mr. Shearjashub Bourne.*****
County of Bristol
Bristol, Mr. Nathaniel Blagrove.
Taunton, Mr. Benjamin Crane.
Rehoboth, Mr. Nathaniel Brown.
Swanzey, Mr. Ejmraim Perce.ftttt
* " Lieut.," in the town records, but " Mr ," in the Secretary's list.
t " Aislebee," in the Secretary's list, and " Aslebe," in the town records.
X " Peabody," in the Secretary's list. The town clerk erroneously entered " Lieut. Perley," first, and
overwrote the surname, " Pebdy."
$ " Greenleaf," in the Secretary's list and in the town records.
|| " Hasseltine," in the Secretary's list.
H The town records are defective, and this name is not in the Secretary's list ; but it is subscribed to
the qualifying oaths.
** " Kernball," in the Secretary's list, and " Kimball, senior," in the town records.
ft '■ Phips," in the Secretary's list.
XX " Shearman," in the town records.
$■$ " Balcomb," in the Secretary's list, but " Balcom," in the town records.
Illj " Sawen," in the Secretary's list and in the town records ; but the signature is clearly as above.
HH " Havens," in the Secretary's list.
*** " Kerly," in the Secretary's list.
• .j^f n Wilson," in the Secretary's list.
lit " Porter," and " Mr.," in the Secretary's list, " Lieut.," in the town records.
§$§ '■ Richardson," in the Secretary's list and in the town records.
|| || || " Wheeler," in the Secretary's list. ■
1I1I1T " Lieut.," in the town records, but " Mr.," in the Secretary's list.
**** " Clark," in the Secretary's list and in the town records.
tttt "Frarey," in the Secretary's li»t.
XXIX Not in the Secretary's list, though in the town records as " Sheldon," and he took and sub-
scribed the qualifying oaths.
$$$§ " Junior," in the Secretary's list, but not in the town records nor in his signature.
|| || || || " Clapp," in the Secretary's list.
iniim " Seaberry," in the Secretary's list.
***** Or, "Borne." "Bourn," in the Secretary's list, and "Bourne,'' in the town records, but the
signature is doubtful.
ttttt " Pierce," in the Secretary's list, and " Pearce," in the town records.
8 Peovince Laws {Resolves, etc.). — 1703-4. [Representatives.]
County of Bristol — Concluded.
Dartmouth, Mr. James Samson.
Little Compton, Capt William South-
worth.*
York,
Kittery,
County of York.
Capt. Abraham Preble.f
Lieut. Charles Frost.J
Dukes County.
Edgartown, Mr. Benjamin Smith.
Island of Nantucket.
Mr. William Gaver.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor and General Court
* From the town records, but not in the Secretary's list although he took and subscribed the quali-
fying oaths.
t " Prebble," in the Secretary's list.
t " Lieut.," in the town records, but "Mr.," in the Secretary's list.
ORDERS, RESOLVES AND VOTES
Passed at the Session begun and held at Boston,
on the Twenty-sixth day of May, A. D. 1703.
CHAPTER 1.
ORDER APPOINTING A COMMITTEE TO THANK SOLOMON STODDARD
FOR HIS ELECTION SERMON AND TO REQUEST HIM TO PREPARE
THE SAME FOR THE PRESS.*
Ordered, That William Brown and Samuel Sewall, Esq"-, return the
thanks of the board to the Reverend M r - Solomon Stoddard for his
sermon preached yesterday before the gen 11- assembly, and to desire
him to prepare the same for the press. [Passed May 27.
CHAPTER 2.
RESOLVE APPOINTING A COMMITTEE TO EXAMINE AND REPORT
UPON SEVERAL DEEDS, ETC., PRESENTED BY THE INDIANS OF
MARTHA'S VINEYARD. [Passed May 28.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.^\
CHAPTER 3.
ORDER POSTPONING TO THE SECOND WEDNESDAY OF THE NEXT
SESSION OF THE GENERAL COURT THE HEARING APPOINTED ON
THE PETITION OF SAMUEL GIBSON.
Ordered, That the hearing of Samuel Gibson appointed to be this
day, be defer'd to the second Wednesday of the next session of this
court. [Passed June 2.
* See resolves, 1692-3, chapter 8, and 1693, chapter 1, and notes.
[9]
10 Province Laws (Resolves etc.). — 1703-4. [Chaps. 4-6.]
CHAPTER 4.
ORDER APPOINTING A COMMITTEE TO FURTHER EXAMINE THE
DEEDS, PAPERS, ETC., PRESENTED BY THE INDIANS OF MARTHA'S
VINEYARD, TO HEAR THE ADVERSE CLAIMANTS AND TO REPORT
THEREON, ETC., AND FOR STAYING ALL SUITS AT LAW CONCERN-
ING THE SAME. [Approved June 2.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 5.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS TO SAMUEL
WRIGHT OF NORTHAMPTON, A SOLDIER WOUNDED AND DISABLED
IN THE KING'S SERVICE, AND FOR ALLOWING HIM A PENSION OF
FORTY SHILLINGS PER ANNUM DURING HIS LIFE.
A petition of Samuel Wright of Northampton, setting forth that he,
being impress 'd as a soldier in the first Indian war, received a shot in
his hip bone, and altho he has been at great cost and expence to obtain
a cure, the wound remains open to this day, whereof he is very lame
and almost unable to labour, praying to be relieved, was sent up from
the represent^' 69 - with the vote of that house thereupon ; viz., —
Resolved — That the Sum. of Ten Pounds be Allowed, and Paid out
of the Publick Treasury to Samuel Wright the Petitioner, and forty
shillings <gj annr during his naturall life. [Concurred in by the Council,
and approved June 2.
CHAPTER 6.
RESOLVE, DECLARING VOID THE AGREEMENT OF THE SETTLERS OF
THE TOWN OF LANCASTER IN RESPECT TO THE SUPPORT OF A
MINISTER, AND DIRECTING THAT MINISTERIAL TAXES BE LEVIED,
ETC., EQUALLY, ACCORDING TO LAW, PASSED, AND SUSPENDED;
AND ORDERED THAT ALL PERSONS CONCERNED BE HEARD AT THE
NEXT SESSION OF THE GENERAL COURT.
A petition of several of the inhabitants of Lancaster relating to an
agreement made at the first settlement of said town for the support of
their minister, sent up from the representatives with the resolve of that
house thereon, in the words following; viz., —
Resolved — That inasmuch, as the Inhabitants, of the Town of Lan-
caster within mentioned were driven out by the Enemy, and the Place
wholly Deserted : Their former Agreement for the Maintenance of their
Minister is now null and void, and They ought to Proceed to Levy their
Minister's Rate upon their Inhabitants in eqvall Proportion as the Law
Directs. [Concurred in by the Council, and passed June 2.
Ordered, That the vote pass'd yesterday relating to the said town of
Lancaster, upon a petition of part of the inhabitants of the said town,
be suspended, and that all persons concerned be heard thereupon at
the next session of this court. [Passed June 3.
[1st Sess.] Province Laws {Resolves etc.). — 1703-4. \\
CHAPTER 7.
ORDER FOR EXTENDING THE TIME FOR THE EXPERIMENT WITH
FIREWORKS PROVIDED FOR BY THE RESOLVE OF 1702, CHAP-
TER 15.
Whereas the General Assembly at their Session in May. 1702. pas't
a Resolve That the Sum of Twenty pounds be allowed out of the pub-
lick Treasury for furbishing of Joseph Hill towards makeing an Ex-
periment of Firewor^es for sinking of Ships according to a Proposal
by him made, and apppint 1 ? a Committee to see that the Sum afores? be
improved accordingly, So that the experiment be ready to be made by
the next Session of the s*?- Court. And Whereas the experiment has
not hitherto made refidy by reason of the shortness of time, and some
lets intervening. — /
Ordered, That the time for makeing ready of the said Experiment, be
enlarged and continued to the next Session of this Court, the former
limitation notwithstanding. — . [Approved June 3.
CHAPTER 8.
ORDER FOR GRANTING TO JOHN SAFFIN A HEARING IN THE COURT
OF GENERAL SESSIONS OF THE PEACE OF SUFFOLK COUNTY IN
REGARD TO HIS NEGRO SLAVE, ADAM.
A petition of John Saffin, Esq r -, relating to a certain negroe man
named Adam, that is withheld or taken from him under countenance
of authority, not colour of law, as insinuated in the said petition, sent
up from the representatives with the act of that house thereon ; viz., —
Ordered — That the Petitioner have a Hearing before this Court on
the 2? Wednesday of the next session.
Sent up for Concurrence. — Jam*? Converse Speaker, —
In Council — June 3? 1703. Read and not agreed to, —and ordered
That the matter be heard before the next Court of General Sessions of
the Peace for Suffolk.
Isf Addington Secry. —
In the House of Representatives June 3~ 1703.
Read and Agreed. Jam! Converse Speaker —
[Approved June 3.
CHAPTER 9.
RESOLVE FOR ALLOWING AND APPROVING THE PROVINCE TREAS-
URER'S ACCOUNTS FROM MAY 27, 1702, TO MAY 26, 1703.
The accompt of M r - James Taylour, treasurer and receiver-general
of this province, beginning the 27 th day of May, 1702, and continued
to the 26 th day of May, 1703, amounting to the sum of nineteen thou-
sand four hundred twenty-two pounds four shillings and eleven pence,
having been presented and laid before the house of representatives and
12 Province Laws (Resolves etc.). — 1703-4. [Chaps. 10, 11.]
inspected by said house, by which it appears there was standing out
on the said twenty-sixth day of May, of the several assessments, five
hundred and sixty pounds eight shillings and ninepence ; and in the
hands of John W alley, Esq r -, late commissioner for impost, sixty
pounds ; and fifty-three pounds eighteen shillings in the hands of M r
William Pajme, commissioner of the duties of impost, etc., to be
drawn into the treasury and further to be accompted for ; as also six
hundred and eighty pounds six shillings and fivepence, province bills
of publick credit, remaining in the said treasurer's hands, for which he
is accomptable, —
Resolved, That the said accompts, in the several articles of receipts
and payments therein mention'd, amounting unto the sum of eighteen
thousand sixty-seven pounds eleven shillings and ninepence, be aud
hereby are approved and allowed of, and the said treasurer is hereby
discharged of the said sum of eighteen thousand sixty-seven pounds
eleven shillings and ninepence. [Approved June 7 .
CHAPTER 10
RESOLVE FOR APPROVING AND ALLOWING THE PROVINCE TREAS-
URER'S ACCOUNTS OF TRADE WITH THE EASTERN INDIANS, FROM
OCTOBER 12, 1699, TO MAY 26, 1703.
M? James Taylor his Accompt Of the Trade wS 1 the Eastern In-
dians. Begining the 12 th day of October 1699 and continued unto the
26 th day of May 1703. Amounting unto the sum of Four thousand
three hundred and four Pounds two Shillings and Eight pence liaveing
been presented and laid before the house of Representatives and in-
spected by s 1 ? House By which it appeares that the Ballance of said
Accompt being Eight hundred Pounds nine Shillings and ten pence
Stock remayning in said Taylor's hands which with about One hundred
Pounds vallue of feathers and what else is remayning unsold is further
to be Accompted for —
Resolved that the said Accompt is Allowed and approved of./ [Ap-
proved June 7.
CHAPTER 11.
ORDER REQUESTING THE GOVERNOR TO GIVE ORDER FOR HASTEN-
ING THE COMPLETION OF THE FORTIFICATIONS ON CASTLE ISLAND,
ETC.
Ordered — That a Message be sent up to his Excellency the Gover-
nour. That this House earnestly Reqvests, his Excellency will Please
to Give effectuall Order, that all the Plattforms at the Castle be laied,
and Guns mounted on Serviceable Carriages without Delay, according
to the Resolve of this Court at their last session, and then the Re-
mainder of the Five Hundred Pounds last Granted for fortifying the
Castle, Improved in finishing the Works that are already begun, and
particularly in the Building of Convenient Lodgings for the Soul-
diers, which we Desire may be so Contriv'd, as not to Injure their
[1st Sess.] Province Laws {Resolves etc.). — 1703-4. 13
health, as we fear the arched Vaults Projected by the Engineer for
that end will do.
And That his Excellency will Please to make Inqviry whether the
Powder Houses, be not So damp as to render the Powder unservice-
able ; and whether the slighting of the upper Line of Guns looking
South East will not»Disadvantage the Defence of the Castle ? [Passed
June S.
CHAPTER 12.
RESOLVE FOR ALLOWING AND PAYING FIFTY SHILLINGS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, TO PUR-
CHASE A BLANK BOOK, ETC., FOR THE USE OF THE HOUSE.
Resolved, That the sum of fifty shillings be allowed and paid out of
the publick treasury to M r John White, clerk of this house, to purchase
a blank book and paper for the use of this house. [Concurred in by
the Council, and approved June 8.
CHAPTER 13.
ORDER FOR CONTINUING THE ACT OF 1699-1700, CHAPTER 18, FOR
SENDING OF SUCCORS AND ASSISTANCE TO THE NEIGHBORING
PROVINCES AND COLONIES AGAINST HIS MAJESTY'S ENEMIES,
UNTIL JULY 13, 1703
The order pass'd by the council on the second of June curr t- , "that
the act for giving succour and assistance to the neighbouring prov-
inces, pass'd at the session of the general assembly begun and held the
fifteenth day of October, 1702, to continue to the end of this present
session, be and hereby is further continued, to abide and remain in full
force unto the end of the session of the general assembly to be con-
vened and held upon the last Wednesday in May, 1704," and sent down
to the representatives for concurrence, was concur'd to by that house
with an amendment; viz., until the second Tuesday in July next.
[Passed June 8.
CHAPTER 14.
RESOLVE FOR FIXING THE PAY OF SOLDIERS IN GARRISON.
The resolve pass'd by the council the 29 th of May last, "that all
soldiers posted and to be posted in garrison receive but five shillings
per week a man, for pay, whilst they continue to serve in garrison, this
to commence where it has been otherwise used, from the 26 th of May
currant," and sent down to the representatives for concurrence, was
concur'd with by that house with an amendment ; viz., and that a pro-
portionable abatement be made upon the wages of all officers so posted.
[Passed June 8.
24 Province Laws {Resolves etc. ) . — 1703-4. [Chaps. 15-1 7. J
CHAPTEE 15.
RESOLVE FOR CONTINUING THE RATES AND DUTIES OF IMPOST,
EXCISE AND TONNAGE OF SHIPPING. [Approved June 8.
[Printed in the note to the act of July 29, 1703.]
CHAPTEE 16.
ORDER FOR REVIVING AND CONTINUING ALL APPEALS TO THE SU-
PERIOR COURT OF JUDICATURE FROM THE INFERIOR COURT OF
COMMON PLEAS WITHIN THE COUNTY OF HAMPSHIRE, IN THE
YEARS 1701 AND 1702, TO BE HEARD AT THE SESSION OF THE SUPE-
RIOR COURT NEXT TO BE HELD IN SAID COUNTY.
Ordered That all causes in civil Actions tryed in the Inferiour Court
of Common Pleas within the County of Hampshire in the years .1701.
and .1702. hanging by Appeal to the Superiour Court of Judicature,
and not yet heard by reason of the s 1 ? Superiour Courts not sitting in
the same County, be revived and Continued, to be heard and Tryed at
the next Superiour Court of Judicature to sit within the s^ County of
Hampshire, And that all processes and Recogniscances given for s*?
Appeals abide & remain good and effectual in the Law. notwithstand-
ing the interval of the said Court — [Approved July 10.
CHAPTEE 17.
RESOLVE APPOINTING A JOINT COMMITTEE TO VIEW AND REPORT
ON THE STATE, ETC., OF THE FORTIFICATIONS AT CASTLE ISLAND.
Resolved, — .That there be a Committee of both Houses appointed to
repair to the Castle to view and report the present State of the worke,
what is yet absolutly necessary to be done And to see the Account of
the Expence of the five hundred pounds last Ordered by the General
Assembly for that Service — .His Honour the L. 1 Governour to appoint
the time for their going down —
And that John Walley, Andrew Belcher and Samuel Legg Esq" be
a Committee of the Board for that Affair. —
July. 9'. h 1703-/. _
Sent down for concurrance/. Is* Addington Secry, —
In the House of Representatives
Die Predict" Read
Resolved — a Concurrence. And That Capt. Ephraim Savage, M?
Thomas Willis Ml Nehem* Jewett, Mf Samuel Clap, Mf Joseph Sher-
man, Mf Thomas Oakes, and Cap' Sam'. 1 Phipps. be a Committee to
Joine in the affaire aboves*?
Jam® Converse. Speaker —
[Passed July 10.
[1st Sess.] Province Laws {Resolves etc.). — 1703-4. 15
CHAPTER 18.
ORDER FOR RE-FORMING AND CONTINUING THE COMMITTEE AP-
POINTED BY THE RESOLVE OF 1692-3, CHAPTER 2, TO REGULATE THE
SETTLEMENT OF BROOKFIELD, ALIAS QUABOAG, AND DIRECTING
SAID COMMITTEE TO SETTLE THE DIFFERENCE BETWEEN NINE-
QUABIN AND THE INHABITANTS OF SAID BROOKFIELD AS TO HIS
CLAIM TO LAND THERE. [Approved July 14.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTEE 19.
RESOLVE FOR REVIVING AND FURTHER CONTINUING THE ACT FOR
GRANTING AN EXCISE UPON STRONG DRINK, ETC.
Resolved — That the Act for Granting an Excise upon Stronk Drink
&c a that was in force the last Yeare, be Reviv'd, and further Con-
tinu'd untill the 29'i Day of June next, and that the Secretary be
Desired to Draw a bill accordingly. [Passed July 16.
CHAPTER 20.
ORDER FOR ABATING AND REMITTING THE IMPOST ON A SMALL
QUANTITY OF GOODS FROM ANTIGUA, SPARED BY THE PLUNDERERS
OF THE KETCH NEWBURY.
A petition of Benaiah Titcomb of Newbury was read, setting forth
the caption of his vessel by a French ship of war, in her late voyage
from Antigua to Newbury, and the great loss he sustained by her
being plundered and hostage given for the payment of an excessive
price to purchase her out of the hand of the enemy, praying the abate-
ment of the impost of the small quantity of goods brought home in her,
amounting to the sum of fifty shillings, —
Ordered, That the said duty of impost, amounting to fifty shillings,
be abated and remitted to the petitioner. [Approved July 16.
CHAPTER 21.
ORDER FOR LAYING OUT ANEW THE HIGHWAY BETWEEN NEWBURY
AND SALEM, AND APPOINTING A COMMITTEE TO HEAR COM-
PLAINTS, ETC., IN REGARD TO ENCROACHMENTS, ETC., UPON SAID
HIGHWAY, ETC.
July. 16 th 1703./- In Council.
Upon pekcsal of the ancient Record of the high Road from Newbury
to Salem, annexed, and hearing the complaint of the Justices of Essex,
and seeing the annexed Survey of that Road.
1G Province Laws (Besolves etc.). — 1703-4. [Chaps. 22, 23. J
Ordered, That the s*? Road be forthwith reformed, And to that end
do strictly inhibit any further Encroachment to be made on any part
thereof, And that William Browne, John Hathorne Daniel Peirce,
John Appleton, John Higginson, Francis Wainwright Esq" and Major
Symonds Epps, or any ffour of them, (whereof William Browne or
John Hathorne Esq- to be one) with such others as shall be named by
the Representatives be and are appoint* 1 a Committee to sit at Ipswich,
sometime in the month of September next to hear the Complaints and
take the Answers of the several persons that are transgressours of the
s* order. Giveing publique notice of their said Session And to make
Report of their doings to the next Session of the General Assembly. —
Sent down for concurrance. — Is* Addington Secry
In the House of Representatives
July 17* 1703. Read. &
Resolved a Concurrence & that Robert Hale Esq! & Cap! Joseph
Boynton be of the Coinittee for the affair within mentioned.
Jam^ Converse Speaker
[Passed July 17.
CHAPTER 2 2.
RESOLVE FOR PRINTING AND DELIVERING TO THE PROVINCE TREAS-
URER FIVE THOUSAND POUNDS IN BILLS OF PUBLIC CREDIT.
A resolve was sent up from the representatives, in the words fol-
lowing ; viz., —
Resolved, That the sum of five thous d - pounds, in bills of credit on
this province, be further imprinted and deliver'd to the treasurer, to
pass out of and be received into the treasury as the bills of credit last
emitted ; w ch - resolve being read at the board was concur'd with (the
tax passing). [Approved July 17.
CHAPTER 23.
RESOLVE FOR EMITTING THE FURTHER SUM OF FIVE THOUSAND
POUNDS IN BILLS OF PUBLIC CREDIT.
Resolved, That the treasurer be directed and impowered to emit, in
the bills of credit on this province last made, the sum of five thousand
pounds, w ch - are to pass out of and be rec 11- into the treasury as the last
ten thousand pounds of the said bills that were emitted, the province
accompt to be debited for the said principal of five thousand pounds,
with the advance of two hundred and fifty pounds whereat they were
received into the treasury. [Approved July 17.
[1st Sess.] Province Laws {Resolves etc.) . — 1703-4. 17
CHAPTER 24.
RESOLVE FOR GRANTING FOUR HUNDRED ACRES OF LAND IN THE
TOWNSHIP OF SUFFIELD TO THE USE OF THE MINISTRY. [Approved
July 1 7.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 25.
ORDER APPOINTING A COMMITTEE TO JOIN WITH A COMMITTEE
FROM CONNECTICUT TO PERAMBULATE THE BOUNDARY LINE BE-
TWEEN THIS PROVINCE AND THAT COLONY, ETC., AND DIRECTING
THE TOWNS OF ENFIELD AND SUFFIELD TO ASSERT THE BOUNDS
AND RIGHTS OF THEIR TOWNS AS GRANTED BY THE GENERAL
COURT OF THIS PROVINCE; AND FOR ALLOWING SEVEN POUNDS
FOURTEEN SHILLINGS OUT OF THE PROVINCE TREASURY TO THE
TOWN OF ENFIELD TOWARDS THE EXPENSES INCURRED BY SAID
TOWN IN DEFENCE OF ITS TITLES, ETC. [Approved July 20.
[Printed with resolves, orders, etc., relating to the establishment, etc.^
cftoions, etc.']
CHAPTER 26.
ORDER FORBIDDING THE CUTTING OR BORING OF PINE TREES FOR
DRAWING TURPENTINE, IN THE TOWNS OF SUFFIELD OR ENFIELD
AFTER OCTOBER 1, 1703, UNTIL THE GENERAL COURT SHALL MAKE
PROVISION THEREFOR.
Upon Complaint made of very great Havock and waste of the Tim-
ber within the Towns of Enfield and Suffield respectively, by the im-
proper Methods taken for the drawing of Turpentine ; whereby the
Trees are killed, and all the timber, which otherwise might be service-
able to many other uses, likely in a short time to be utterly consumed
and destroyed. For Prevention thereof.
Ordered, That from and after the first of October next no pine tree
or trees within either of the s^ Towns of Suffield or Enfield be cut or
boared for the drawing of Turpentine, until the General Assembly
shall direct to such methods for the doing thereof, as may secure the
trees for further benefit, andlmprovem' — [Approved July 21.
18 Province Laws {Resolves etc.). — 1703-4. [Chaps. 27-30.]
CHAPTER 27.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN HARRADEN, LATE COMMANDER OF
THE SLOOP BLACKTHORNE, IN CONSIDERATION OF HIS GOOD SER-
VICES AGAINST THE FRENCH ENEMY THE LAST YEAR.
A petition of Cpt. John Harradine praying to be considered for his
good service done against the French enemy the last year, was sent up
from the representatives with the resolve of that house thereupon ;
viz., —
Resolved That the Sum of forty Pounds be allowed and paid out of
the publick Treasury to the Petitioner John Harraden in consideration
of his good service abovementioned. [Concurred in by the Council,
and approved July 21 .
CHAPTER 28.
RESOLVE REFERRING TO THE SECOND WEDNESDAY OF THE NEXT
SESSION OF THE GENERAL COURT THE HEARING ON THE PETI-
TION OF PENELOPE WINSLOW PRAYING TO BE ALLOWED HER
INTEREST IN THE GRANT OF EIGHT HUNDRED ACRES OF LAND
ORDERED BY THE GENERAL COURT, NOVEMBER 18, 1702, TO BE
LAID OUT TO THE USE OF THE HEIRS OF HERBERT PELHAM AND
THOMAS WALGRAVE; AND FOR NOTIFYING EDWARD PELHAM
THEREOF. [Passed July 21.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 29.
VOTE AUTHORIZING SAMUEL MORSE OF SHERBURNE AND THOMAS
WABAN OF NATICK, AN INDIAN, TO EXCHANGE LANDS IN DEDHAM
AND NATICK, ETC. [Approved July 21.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 30.
VOTE ON THE REPORT OF A COMMITTEE RECOMMENDING THAT AN
ALLOWANCE OF SIXTY POUNDS BE MADE OUT OF THE PROVINCE
TREASURY TO JOHN CAMPBELL, POSTMASTER, REDUCING THE
SAME TO THIRTY POUNDS, AND EXEMPTING HIM FROM IMPRESSES.
TRAININGS AND WATCHES DURING HIS CONTINUANCE IN SAID
OFFICE.
The report of the committee upon the petition of M r - John Camp-
bell, postmaster, sent up from the represent™- with an amendment for
an allowance to be made to him out of the publick treasury of the sum
of ten pounds for the time past and twenty pounds for the year ensu-
ing, and that he be freed from impresses, training and watches during
his employm 4, as postmaster, w ch - was read and, —
Agreed to. [Approved Jidy 22.
[1st Sess.] Province Laws {Resolves etc.). — 1703-4. 19
CHAPTER 31.
RESOLVE FOR ALLOWING AND PAYING ONE HUNDRED AND NINETY-
SIX POUNDS SEVEN SHILLINGS AND FIVEPENCE OUT OF THE
PROVINCE TREASURY TO ANDREW BELCHER, TO REIMBURSE HIM
WHAT HE ADVANCED FOR THE GOVERNOR'S LATE VOYAGE TO THE
EASTWARD, ETC.
A resolve sent up from the representatives, that the sum of one hun-
dred ninety-six pounds seven shillings and fivepence be allowed and
paid out of the publick treasury to Andrew Belcher, Esq r -, to reim-
burse what he advanced for his excellencie's late voyage eastw d - and
for what was given to the Indians, according to his accompt exhibited,
was read and, —
Agreed to. [Approved July 22.
CHAPTER 32.
ORDER DIRECTING THE PROVINCE TREASURER TO DEFER DEMAND-
ING OF THE CONSTABLES OF SHERBURNE THE SUM OF SIX POUNDS
FOURTEEN SHILLINGS AND NINEPENCE, PART OF THE PROVINCE
TAX, UNTIL THE FURTHER ORDER OF THE GENERAL COURT.
[Approved July 24.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoiuns, etc.']
CHAPTER 33.
RESOLVE FOR ALLOWING TWO HUNDRED POUNDS TO JAMES TAYLOR,
TREASURER OF THE PROVINCE, FOR HIS SERVICES DURING THE
YEAR 1702-3.
Resolved, That the sum of two hundred pounds be allow'd and paid
out of the publick treasury to M r - James Taylour, province treas r -, for
his service in the said office the year last past. [Approved July 24.
CHAPTER 34.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY EIGHT POUNDS, EACH, TO ELISHA HUTCHINSON, JOHN
PHILLIPS AND JAMES CONVERSE, FOR THEIR SERVICES IN ATTEND-
ING THE GOVERNOR ON HIS VOYAGE TO TREAT WITH THE EAST-
ERN INDIANS.
Resolved — That there be Allowed and Paid, out of the Publick
Treasury to Elisha Hutchinson, John Phillips, and James Converse
Esq" to each of them the Sum. of Eight Pounds for their time, and
Expences, in Waiting on his Excellency the Governour, in his late
Journey and voyage, to Treat with the Eastern Indians. [Approved
July 24.
20 Province Laws (Besolves etc). — 1703-4. [Chaps. 35-38.]
CHAPTER 35.
RESOLVE FOR ALLOWING FOURTEEN POUNDS TO JOHN WHITE, CLERK
OF THE HOUSE OF REPRESENTATIVES, FOR HIS SERVICES FOR THE
CURRENT YEAR.
Resolved, That the sum of fourteen pounds be allow'd and paid out
of the publick treasury to John White, clerk of this house, for his ser-
vice in the s d - office the year curr'-. [Approved July 24.
CHAPTER 36.
RESOLVE FOR ALLOWING AND PAYING SIX POUNDS OUT OF THE
PROVINCE TREASURY TO WILLIAM STANTON. PURSER OF THE SHIP
GOSPORT, FOR HIS EXTRAORDINARY EXPENSES ON HIS VOYAGE TO
THE EASTWARD WITH THE GOVERNOR.
Resolved — That the Surh: of Six Pounds be Allowed and Paid out
of the Publick Treasury to Mf William Stanton, Purser of Her Majes-
ties ship the Gosport for his Extraordinary Expences in Beer, Wood
Candle &c when the said Ship waited on his Excellency the Governour
in his late Voyage Eastward. [Approved July 24.
CHAPTER 37.
RESOLVE FOR ALLOWING THIRTY POUNDS TO JAMES MAXWELL FOR
HIS SERVICES AS DOORKEEPER TO THE GOVERNOR AND GENERAL
COURT FOR THE YEAR ENDING JUNE 8, 1703.
Resolved, That the sum of thirty pounds be allowed and paid out of
the publick treasury to M r - James Maxwell, doorkeeper to his excy.
the gov r ' and this court, for his service the year last past, expiring the
eighth day of June last. [Approved July 24.
CHAPTER 38.
RESOLVE FOR ALLOWING AND PAYING TWENTY-TWO SHILLINGS
OUT OF THE PROVINCE TREASURY TO SAMUEL TYLEY, INN-
KEEPER, FOR ENTERTAINING THE JOINT COMMITTEE ON THE
ACCOUNTS OF JOHN USHER, LATE TREASURER OF NEW ENGLAND,
ETC.
A resolve sent up from the represent™ 9- for the allowing and paying
of twenty-two shillings out of the publick treasury to Samuel Tyley
for the charge of a comm tee - of both houses that sat there upon M r
Usher's accompts, was read aud, —
Agreed to. [Approved July 26.
[1st Sess.] Province Laws (Resolves etc.). — 1703-4. 21
CHAPTEE 39.
ORDER DIRECTING THE PROVINCE TREASURER TO RECEIVE, ETC.,
OF EDWARD BROMFIELD THREE UNENDORSED BILLS OF CREDIT,
AMOUNTING IN ALL TO FOUR POUNDS AND FIVE SHILLINGS.
An order was sent up from the represent' 63- that the treasurer re-
ceive of Edward Bromfield, Esq r -, three indented bills of credit of the
late colony of the Massachusets Bay, which are not endorsed by the
treas r- , one of three pounds, one of twenty shillings, and another of
five shillings, and pay for the same the sum of four pounds and five
shillings. [Concurred in by the Council, and approved July 26.
CHAPTEE 40.
RESOLVE FOR ALLOWING AND PAYING SEVEN HUNDRED POUNDS
FOR DISCHARGING THE DEBT CONTRACTED IN FORTIFYING CASTLE
ISLAND AND FOR FINISHING THE FORTIFICATIONS, ETC.
Resolved That the Sum. of Seven Hundred Pounds be Allowed, and
Paid out of the publick Treasury for Discharging the Debt already
contracted in fortifying Castle-Island, and for the finishing the Works,
on the S^ Island, agreeable to the Computation of Col?. Romer Her
Maj'ii 3 Engineer dated July 221 1703. which lies before this Court, and
That Thomas Brattle Esq^ be Impowered to Receive and Lay out the
s ( ' sum. accordingly, as the s- Engineer shall Direct. [Approved
July 27.
CHAPTEE 41.
ORDER FOR FURNISHING THE GARRISONS AT SACO AND CASCO BAY
WITH BEDDING, ETC.
Ordered — That there be Twenty suitable Beds, and Bolsters, with a
Blanket to each Bed, Procured at the Publick charge for the Lodging
of the Souldiers at the Garrisons at Saco and Casco, there having been
no Bedding hitherto Provided for that Occasion. [Approved July 28.
CHAPTEE 42.
ORDER FOR DISCHARGING AND GIVING UP THE BONDS GIVEN TO
THE COMMISSIONERS AND RECEIVERS OF IMPOST UNDER THE ACT
OF NOVEMBER 21, 1702, FOR SECURING PAYMENT OF THE ADDI-
TIONAL DUTIES ON RUM, WINE, OR OTHER SPIRITS.
Whereas this Court in Lieu of certain additional Dutys of Impost
granted to Her Majesty by an Act of the General Assembly begun
and held at Cambridge the lo' h of October 1702. to continue for one
22 Province Laws {Resolves etc. ) . — 1703-4. [Chaps. 43, 44.]
year ; which is now near expired. Have granted unto Her most Excel-
lent Majesty certain Dutys of Impost and Tunnage of Shipping, to he
collected and paid until the Twenty ninth day of June in the year
1704. and for that cause have laid down the further takeing or requir-
ing payment of the said additional Dutys. And Forasmuch as the Act
did provide that Bond with Sufficieut Security should be given for
paym? of the s? additional Dutys, one halfe thereof in Three months
from the time of Entring the Goods, and the other halfe thereof withiu
the Space of Six months next after the time for the first payment —
Ordered, That every person, who since the laying of the s? Addi-
tional Dutys hath imported any Wine, Rhum or other Spirits, And
given Bond in the Office for payment of -the said Duties at the times
therein mentioned as the Law directs, & hath not actually paid the
same nor the time expired therefore over and above the original and
first duty. Upon payment of Five shillings more for each pipe of
Wine, hogshead of Rhum or other Spirits so imported and duely
entred, still remaining in his own hands undisposed of, unto the Offi-
cers appointed to receive the same, on or before the Fourteenth day of
August next comeing shall be discharged of any further payment for
the same ; such person exposeing to the view of the Officer, the sev-
eral pipes & hogsheads of Wine, Rhum or Spirits remaining and
makeing Oath that they are the very same which he entred, and still
remain his own proper Goods, not bargained for or sold to any other
person. And the Officer on receipt of Five shillings for each Pipe
of Wine and hogshead of Rhum or Spirits as af ores'? is hereby Ordered
to deliver up the Bond given for payment of the Additional Dutys for
the same. And shall also proceed and do the like for any Rhum or
Spirits distilled within the Province and Entred with him upon Receipt
of one penny $> Gallon for each Gallon of the same — [Approved July
29.
CHAPTER 43.
ORDER FOR ADJOURNING TO THE FIRST MONDAY IN SEPTEMBER,
THE SUPERIOR COURT, ETC., APPOINTED TO BE HELD AT SPRING-
FIELD THE SECOND THURSDAY IN AUGUST, 1703.
Ordered — That the Superiour Court of Judicature to be holden at
Springfield within the County of Hampshire upon the Second Thursday
in August next in this present year. 1703. Be and hereby is Adjourn?
unto the first munday in the month of September following, [Approved
July 30.
CHAPTER 44.
ORDER FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN PARTRIDGE OF PISCATAQUA, FIELD-
MARSHAL OF THE FORCES AT THE EASTWARD IN 1692, AND THIRTY
POUNDS MORE UPON HIS PRODUCING A CERTIFICATE FROM THE
TREASURER OF NEW HAMPSHIRE THAT HE HAS RECEIVED FORTY-
EIGHT POUNDS EIGHTEEN SHILLINGS OUT OF THE TREASURY OF
THAT PROVINCE.
A petition of John Patridge of Piscataqua, sometime field-marshall
of the forces employed to the eastw d -, praying payment for expences
[1st Sess.] Province Laws {Resolves etc.). — 1703-4. 23
on the cure and subsistence of wounded men and for his wages, was
sent up from the represent ves - with the act of that house thereupon ;
viz., —
Ordered That the Sum. of Twenty Pounds be at present allowed and
Paid out of the Publick Treasury to the s^ John Partridge, and upon
his Producing a Certificate, from the Treasurer of New Hampshire,
that he has Received the sum of forty eight pounds & eighteen shillings
out of their Treasury, upon the ace- aforementioned, That then the sum
of Thirty Pounds be further Allowed and Paid out of the Publick
Treasury to the s* Petitioner. [Concurred in by the Council, and
approved July 30.
CHAPTER 45.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY TO JOHN BULL OF HINGHAM, A SOLDIER WOUNDED IN
THE NARRAGANSETT WAR, FOUR POUNDS FOR THIS PRESENT
YEAR AND A PENSION OF FORTY SHILLINGS PER ANNUM DURING
HIS LIFE.
A petition of John Bull of Hingham, setting forth that he is lame
and unable for labour by reason of a wound rec d - in the publick service
in the former war and praying some allowance, was sent up from the
represeut ves - with the resolve of that house thereon ; viz., —
Resolved — That there be Allowed and Paid, out of the Publick
Treasury unto John Bull the Petitioner the Sum of four Pounds for this
present Year, and forty Shillings $> annum during his Naturall life,
after the s*? Yeare. [Concurred in by the Council, and approved July 30.
CHAPTER 46.
RESOLVE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS
TO JOSEPH DUDLEY IN PART FOR HIS SERVICES AS GOVERNOR
DURING THE CURRENT YEAR.
In the House of Representatives. July 232! 1703
Resolved — That the Sum : of Three Hundred Pounds be Allowed
and Paid out of the first Part of the Tax Granted this Session, to His
Excellency Joseph Dudley Esq? Cap? Generall, and Governour in Chief
of this- Her majestic' s Province, in part for his Support in the manage-
ment of the Government thereof, the Year currant —
Sent up for Concurrence. Jam? Converse Speaker
In Council. July. 30 th 1703-/.
This Resolve haveing been sent back to the Representatives with a
Message from the Board to move their reconsideration thereof ; It
being very much below the dignity of his Excys. Station and dishonor
to the Governm-
The Representatives not sejeing fit to have reconsideration thereof.
The Council desire his Excell c ^ 8 acceptance of the said Sum of Three
hundred pounds in part of his Salary. In hopes the Assembly in
another Session will have further consideration of that matter And do
that which is proper and Hon^ for the Governm'
Is A Addington Secry. —
[Approved July 30.
24 Province Laws {Resolves etc. ) . — 1703-4. [Chaps. 47, 48.]
CHAPTER 47.
ORDER REQUIRING THE JUSTICES OF THE SUPERIOR COURT OF
JUDICATURE, ETC., TO REPORT TO THE ASSEMBLY THE METHOD
OF PROCEEDING IN THAT COURT UPON APPEALS FROM JUDGMENTS
ON NONSUIT AND ABATEMENT; AND FOR FURTHER HEARING THE
PETITION OF ELISHA HUTCHINSON PRAYING TO BE RELIEVED FROM
THE JUDGMENT GIVEN AGAINST HIM IN SAID COURT, AT THE SUIT
OF THOMAS COOPER.
The order pass'd by the represent""- upon the petition of Elisha
Hutchinson, Esq r- , praying to be relieved against a judgem'- given
against him at the suit of Thomas Cooper in the last superiour court of
judicature, read yesterday, being in the words following ; viz., —
Ordered, That the judgem 4- of the superiour court mention'd in the
s d- petition be made null and void, and that an act be made by this
court to instate him, the petitioner, in the estate he is ousted of by the
s d - court. W ch - order being again read at the board upon the question
put was not consented to, but ordered that the method of proceeding
in the superiour court upon appeals upon nonsuits and abatem ts - be
reported by the judges of that court and the law thereupon consulted in
the next sitting of the gen 11, assembly, that direction may be given
therein and that the petitioner may then be further heard ; and the
same being sent down to the represent™ - was concur' d with by that
house. [Approved July 31.
CHAPTER 48.
RESOLVE DIRECTING THE COMMITTEE APPOINTED TO SIGN, ETC.,
THE BILLS OF CREDIT EMITTED UNDER THE ACT OF NOVEMBER
21, 1702, TO CAUSE TO BE PRINTED AND TO SIGN AND DELIVER
TO THE PROVINCE TREASURER THE FURTHER SUM OF FIVE
THOUSAND* POUNDS IN BILLS OF CREDIT, AND FOR ALLOWING
TWENTY-FIVE POUNDS TO EACH MEMBER OF SAID COMMITTEE
FOR HIS SERVICES.
Whereas this Court have Resolved that the SumT of five Thousand
Pounds of Bills of Credit on this Province shall be further Imprinted,
and Emitted.
Resolved — That James Russell Elisha Hutchinson, Nathaniel By-
field, John Leverett, and Samuel Legg Esq" the Comitte Imploied, to
Imprint the last Ten Thousand Pounds of Bills of Credit, be a Comit-
tee to Take care for the Imprinting Signing and Delivering to the
Treasurer, five Thousand Pounds of Bills of Credit accordingly, Tak-
ing Receipt for the Same, And that there be allowed and Paid out of
the Publick Treasury the Sum of Twenty five Pounds to each one of
the s d Comittee, for their Service done and to be done as afores d
[Approved July 31 .
* In both sets of the Council Records this amount is given as two thousand pounds ;
but see chapter 22, ante.
[1st Sess.] Province Laws {Resolves etc.). — 1703-4.
CHAPTER 49.
RESOLVE FOR ALLOWING AND PAYING ONE HUNDRED POUNDS TO
THOMAS POVEY, LIEUTENANT-GOVERNOR AND COMMANDER OF THE
CASTLE, TOWARDS HIS SUPPORT FOR THE CURRENT YEAR.
Resolved that the Sum of One hundred pounds be allowed, and paid
out of the Publick Treasury to y e HonH e Thomas Povey Esq r D Gou-
erno r of this her Majesties Province, &Comaud^ of the Castle, towards
his support in the publick Service in the year currant. [Approved
July 31.
25
CHAPTER 50.
RESOLVE FOR ALLOWING FIFTY POUNDS, EACH, TO ISAAC ADDINGTON v
SAMUEL SEWALL, JOHN HATHORNE, JOHN WALLEY AND JOHN LEV-
ERETT, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR
SERVICES FOR ONE YEAR, BEGINNING AT THE DATE OF THEIR
COMMISSION.
Whereas this House at their Session begun the 15^ of Octobf last,
Passed a Resolve Granting an Allowance to the Honorable the present
Judges of the Superiour Court, which Resolve was not Concurred with
by the Board, and So the S 1 ? Allowance was not, neither can be drawn
out of the Treasury by vertue thereof.
Resolved — That there be Allowed and Paid out of the Publick
Treasury unto the Honorable Isaac Addington, Samuel Sewall, John
Hathorne, John Walley, and John Leverett Esq" to each of them the
Sum. of Fifty Pounds, for then- Service as Judges of the Superiour
Court for one Year beginning from the Date of their Commission.
[Approved July 31 .
CHAPTER 51.
RESOLVE FOR REQUIRING EXECUTORS TO FILE BOND, RETURN IN-
VENTORY, ETC., AND FOR EXEMPTING THEM FROM PERSONAL
LIABILITY FOR DEBTS. [Approved July 31.
[Printed in the note to the act of November 22, 1703-4.']
CHAPTER 52.
RESOLVE FOR PAYING FIVE POUNDS AND ELEVEN SHILLINGS OUT
OF THE PROVINCE TREASURY TO EDWARD TOOGOOD OF PORTS-
MOUTH, IN FULL OF HIS ACCOUNT FOR SUBSISTING SOLDIERS,
ETC., IN THE PROVINCE OF MAINE IN THE YEAR 1689; AND FOR
GRANTING HIM AN ADDITIONAL ALLOWANCE OF ONE POUND FOR
HIS SERVICES IN ATTENDING THE GOVERNOR TO PEMAQUID.
An accompt of Edw d - Togood for subsisting of soldiers posted in
the province of Mayn in the year 1689, and for pasturing of troopers'
26 Province Laws {Resolves etc.):— 1703-4. [Chap. 52.]
horses, was sent up from the represent*- with the vote of that house
^ReTolved — That the sum of Five Pounds and eleven shillings be
Paid out of the Publick Treasury to Edward Toogood of Portsmouth
or his order in full of the ace 4 - on the other side, and one Pound more
for his attending his Excellency to Pemaqvid the last sumer. ILon-
curred in by the Council, and approved July 31.
[2d Sess.] Province Laws (Resolves etc.). — 1703-4. 27
VOTES AND ORDERS
Passed at the Session begun and held at Boston,
on the First day of September, A. D. 1703.
CHAPTER 53.
VOTE REQUESTING THE GOVERNOR TO URGE THE GOVERNMENTS OF
CONNECTICUT AND RHODE ISLAND TO SEND REINFORCEMENTS TO
AID IN THE WAR WITH THE INDIANS.
His excellency having intimated that he has written to the sev 11-
governm ts - of Connecticutt andRhoad Island to obtain a quota of men
for support of the war with the Indians and has not yet rec d - any satis-
factory answer thereto, a vote pass'd that his excy^ be desired again in
the most pressing manner to urge those governm' 9 - on that head, etc.
[Passed September 3.
CHAPTER 54.
ORDER FOR REMITTING THREE POUNDS TEN SHILLINGS OF THE
EXCISE DUE BY THOMAS WAFFE.
A petition of Cpt. Thomas Waffe, praying an abatem 4 of three
pounds ten shill g3 - of his last year's excise, he holding his licence but
about the space of ten weeks, for w ch- he paid the like sum, having been
sett at seven pounds the year, was sent up from the represent ves - with
the order of that house thereon; viz., that the sum of three pounds
ten shillings be abated the petitioner accordingly. [Concurred in by
the Council, and approved September 7.
CHAPTER 55.
VOTE FOR APPOINTING THURSDAY, SEPTEMBER 23, 1703, AS A DAY
OF FASTING AND PRAYER.
A vote was sent up from the represent 1 ' 69 - that a day of solemn fast-
ing and prayer be speedily appointed and observed throughout this
province, and a proclamation was drawn up for the appointm'- of
Thursday the 23 d curr% for that service, and advised and consented to
by the council. [Passed September 7 '.
2S Province Laws {Resolves etc.). — 1703-4. [Chaps. 56, 57.]
CHAPTEE 56.
ORDER ADJOURNING AND CONTINUING TO THE NEXT SESSION THE
SEVERAL HEARINGS TO BE ATTENDED THE PRESENT SESSION OF
THE GENERAL COURT.
Ordered, That all healings set to this present session be and hereby
are adjourn'd and continued to the same day in the next session of this
court, and others not set to a certain day be continued at large. [Ap-
proved September 9.
CHAPTER 57.
ORDER FOR REGULATING THE DELIVERY OF LETTERS BY SHIP-MAS-
TERS. [Approved September 9.
[Printed in the notes to the acts of the year 1699-1700. ]
[3d Sess.] Province Laws (Besolves etc.). — 1703-4. 29
ORDERS, RESOLVES, ETC.
Passed at the Session begun and held at Boston,
on the Twenty-seventh day of October, A. D. 1703.
CHAPTEE 58.
ORDER APPOINTING A HEARING ON SEVERAL PETITIONS RELATING
TO THE GREAT DRAWBRIDGE OVER MILL CREEK IN BOSTON, AND
FOR NOTIFYING THE SELECTMEN, ETC.
Several petitions presented to the board relating to the great draw-
bridge within the town of Boston, the carriage whereof is some time
since fallen down, having been read, —
Ordered, That there be a hearing of that matter before the whole
court upon Wednesday the third of Novem r - next, and that the select-
men and others concerned be notified to attend. [Concurred in by the
House, and passed October 29.
CHAPTER 59.
ORDER FOR ABATING THE DUTIES OF IMPOST ON FORTY-FIVE PIPES
OF MADEIRA WINE DAMAGED ON BOARD THE SHIP BIFRONS
DRIVEN ASHORE AT PISCATAQUA.
The petition of David Jeffries, merchant, on behalf of himself and
other, the owners of the ship Bifrons, Thomas Holland, commander,
lately come from Madera, praying an abatement of the duties of im-
post for about forty-five pipes of Madera wine imported in said ship,
which arrived at Piscataqua, being constrained by contrary winds to
put in there, and was cast on shore by a tempest and the wines much
leak'd out, chill'd and mixt with salt water, was sent up from the repre-
sent™- with their vote thereon in the words following ; viz'-, —
Ordered — That the Praier of the Petition on the other Side be
Granted and the Duties of Impost on the "Wines within mentioned be
Abated accordingly [Concurred in by the Council, and approved
October 30.
30 Province Laws {Resolves etc.). — 1703-4. [Chaps. 60-63.]
CHAPTER 60.
ORDER APPOINTING A HEARING* ON THE PETITION OF WILLIAM
MERRICK, AGENT FOR THE TOWN OF HARWICH, RELATING TO
SOME OF THE INHABITANTS OF SAID TOWN WHO REFUSE TO PAY
THEIR TOWN RATES, ON THE CLAIM THAT THEY BELONG TO
MANAMOIT, AND FOR NOTIFYING SAMUEL SPRAGUE, ETC. [Passed
November 1 .
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 61.
RESOLVE FOR ALLOWING AND PAYING THE FURTHER SUM OF
THIRTY-FIVE POUNDS OUT OF THE PROVINCE TREASURY TO
THOMAS BRATTLE, IN FULL FOR HIS SERVICES IN MANAGING THE
EXPENDITURE OF THE MONEY GRANTED TOWARDS FORTIFYING
CASTLE ISLAND.
Resolved — That the Sum of Thirty and five Pounds be Allowed and
Paid out of the Publick Treasury to Thomas Brattle Esql as a further
Consideration, and in full, for his service in Laying out the money
Granted for fortifying Castle Island. [Approved November 2.
CHAPTER 62.
ORDER DIRECTING THAT THE HEARING UNDER. THE RESOLVE OF
NOVEMBER l,f ON THE PETITION OF THE TOWN OF HARWICH, BE
HAD ON THE THIRD DAY OF NOVEMBER, 1703. [Passed November 3.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 63.
ORDER DIRECTING THE JUSTICES OF THE INFERIOR COURT OF COM-
MON PLEAS FOR THE COUNTY OF MIDDLESEX TO HEAR THE
APPEAL OF SAMUEL GIBSON OF CAMBRIDGE, PLAINTIFF, VERSUS
JOHN GOVE, AND TO ADJUDICATE SAID ACTION ON ITS MERITS.}
Upon Consideration of the Petition of Samuel Gibson of Cam-
bridge, Complaining of the undue proceeding in a Suit commenced
against him in the year 1694 : before Joseph Lynde Esq- Justice of the
Peace, by John Gove of the said Town of Cambridge, for Trespass ;
And remov? by Appeal unto the Inferiour Court of Common Pleas
* This hearing was had November 3, by agreement of parties, although the time fixed
by this order was November 8. See chapter 62, post.
t Chapter 60, ante. I See resolve, 1702-3, chapter 8.
[3d Sess.] Province Laws {Resolves etc.) . — 1703-4. 31
within the County of Middlesex. There haveing been no further hear-
ing, than as to the Plea made by the Defend- in abatement — .
Ordered, That there be a full hearing of the said cause upon the
merits thereof at the next Inferiour Court of Common Pleas within the
County of Middlesex. And the said Court is hereby directed and Im-
poured, to receive and hear the said Cause, And to do therein that
which to Justice pertaineth according to Law.
The Petitioner Samuel Gibson to cause the said John Gove to be
served with a Summons, issueing forth of the Clerk 3 Office of the said
Court ; ffifteen days before the Courts sitting, Requiring him to appear
and Answer. — [Approved November 5.
CHAPTER 64.
ORDER DIRECTING THAT THE SIX FAMILIES NAMED IN THE PETI-
TION OF THE TOWN OF HARWICH* PAY THEIR ARREARS OF ALL
PAST CHARGES IN THE SAID TOWN, AND THAT THEY CONTINUE
TO PAY THEIR RESPECTIVE QUOTAS TO ALL FUTURE TOWN
CHARGES UNTIL THERE BE A MINISTER SETTLED AT MANAMOIT,
ETC. [Approved November 6.\
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 65.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE
PROVINCE TREASURY TO JOSEPH BEAN,J WOUNDED IN THE KING'S
SERVICE AT FORT MARY, AND FOR ALLOWING HIM A PENSION OF
THREE POUNDS PER ANNUM, AND FOR EXEMPTING HIM FROM
THE PAYMENT OF PROVINCE POLL-TAXES DURING HIS LIFE.
Resolved — That the Sum of Ten Pounds be Allowed and Paid out
of the Publick Treasury to Joseph Beane the Petitioner as Smart
Money, & the Sum of Three Pounds p annum as a Stipend, and that
he be Exempted from being Rated for his Poll in the Province Tax
during his Naturall life. [Approved November 16.
CHAPTER 66.
RESOLVE FOR THE FURTHER ENCOURAGEMENT OF THE FORCES
DETACHED FOR SERVICE AND ACTUALLY ENGAGED AGAINST THE
INDIAN ENEMT?.
In the House of Representatives Novem' 9'i 1703.
For a further Encouragement to the Forces, that are, or shall be
Detached, and march forth against the Indian Enemy.
* See chapters 60 and 62, ante.
fThis date is taken from the original paper in the archives, although the date given In
the record is November 8.
X See note to resolve, 1702, chapter 38.
32 Province Laws {Resolves etc. ) . — 1703-4. [Chaps. 67-69.]
Resolved — That the Sum of Ten Pounds be Allowed, and Paid out of
the Publick Treasury, for every Scalp of an Indian Enemy kill'd in
fight, that is ten Years of age, or more which shall be Taken and
brought in within the space of four months next ensuing to be eqvally
Shared to, and among the officers and Souldiers, of the Party then
Engaged.
And the ascertaining that Such Scalp or Scalps are bona fide the
Scalp of an Indian Enemy kill'd in fight ; and the Penalty on Such as
shall Produce, any Scalp not being the Scalp of an Indian Enemy
Slain in fight with Intent to Deceive, and Obtain the Reward above-
mentioned. And the Disposition of the S^ Penalty, Shall be the same
as is by Law Provided for Scalps Taken by Volunteers.
Consent? to with the alteration of the word [Equally*], to [propor-
tionably]
Is~ Addington Secry. —
[Passed November 16.
CHAPTER 67.
RESOLVE FOR ALLOWING AND PAYING SIXTY POUNDS TO SAMUEL
WILLARD, VICE-PRESIDENT OF HARVARD COLLEGE, FOR HIS SER-
VICES FOR THE YEAR ENDING OCTOBER 30, 1703.
Resolved, That the sum of sixty pounds be allowed and paid out of
the publick treasury to the Rev d - M r - Samuel "Willard, vice-president of
Harvard College, for his service the year past, expiring the 30 th day of
last month. [Approved November 17.
CHAPTER 68. -
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO THOMAS HAPGOOD OF MARLBOROUGH, A
SOLDIER WOUNDED IN THE KING'S SERVICE.
A petition of Thomas Hapgood of Marlboro, wounded in the pub-
lick service, was sent up from the represent^ 3 - with the resolve of that
house thereon ; viz'-, —
Resolved — That the Suih. of five Pounds be Allowed, and Paid out
of the publick Treasury to Thomas Hapgood the Petitioner. [Con-
curred in by the Council, and approved November 17.
CHAPTER 69.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS OUT OF THE
PROVINCE TREASURY TO LIEUTENANT-COLONEL JOHN MARCH IN
CONSIDERATION OF HIS BRAVE CONDUCT AND THE WOUNDS HE
RECEIVED IN THE DEFENCE OF THE FORT AT CASCO BAY DURING
THE ATTACK BY THE FRENCH AND INDIAN ENEMY.
Resolved — That the Sum of Fifty Pounds be Allowed and Paid out
of the publick Treasury to Lieutenant Colonel John March in Consid-
*_ Referring to this word in Italics, above.
[3d Sess.] Province Laws {Resolves etc.). — 1703-4.
eration of the brave Defence which by his Conduct was made of Her
Maj'i!? Fort at Casco-Bay, when lately Attack't by the french, and In-
dian Enemy, and of the Wounds, and Damage he then Received.
[Approved November 20.
CHAPTER 70.
ORDER FOR A MESSAGE TO THE COUNCIL FOR THE APPOINTMENT
OF A DAY OF PUBLIC THANKSGIVING AND A DAY OF PUBLIC
PRAYER AND FASTING, THE GOVERNOR AND COUNCIL TO APPOINT
THE TIME AND ASSIGN THE OCCASIONS.
In the House of Representatives Novemf 12* 1703.
Ordered — That a Message be sent up to the Board, That a Day of
Publick Thanksgiving, be Appointed, and attended as soon as conven-
iently may be, and a Day of ffasting with Prayer, Some time after ;
throughout the severall Towns, and Precincts of this Province, and
that It be left with His Excellency, and the Board to appoint the Time,
and assign the various Occasions for the Same [Concurred in by the
Council, as to the thanksgiving, November 22; and as to the fast, Jan-
uary 24, 1703^.
CHAPTER 71.
ORDER FOR A MESSAGE FROM THE REPRESENTATIVES TO THE
GOVERNOR, REQUESTING A REDUCTION OF THE GARRISON AT
CASTLE ISLAND UNTIL MARCH 15, 1703-4.
In the House of Representatives. Novemf 23 t . h 1703.
Ordered — That a Message be Sent up to His Excellency the Gov-
ernour, That this House Desires the Number of men which shall be
Posted at the Castle from this time to to the fifteenth Day of March next
may not Exceed Thirty in Officers and souldiers which They appre-
hend a number sufficient.
And shall not Allow Pay or subsistence to any more.
Jam 8 Converse Speaker
Die qpdict. Read * [Passed November 23.
* This brief memorandum of the first reading of this message from the House is supple-
mented by the following entry in the Executive Records of the Council, which gives to the
whole proceeding such a character as entitles it to a place with the concurrent resolves of
the Assembly — the " article " referred to by the Governor being a repetition of the above
suggestion as to reducing the garrison, contained in the declaration of grievances or " par-
ticulars to be redressed " sent up by the House December 2, 1703 : —
" As to the article of reduceing the number of souldiers at the Castle to thirty with offi-
cers, until the middle of March next, his Excellcy- intimated that he would consider to
make the charge as easy for the province as might be consistent with her maj'ys- honour,
and the safety of the place." Gov. Dudley's declaration to the Council, December 13,
1703.
34 Province Laws {Resolves etc.). — 1703-4. [Chaps. 72-74.]
CHAPTER 72.
RESOLVE FOR AN ADDITIONAL ALLOWANCE OF SIXTEEN POUNDS TO
JOHN WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES,
FOR HIS SERVICES DURING THE CURRENT YEAR.
A resolve pass'd in the house of represent 763 - ; viz'-, That the sum
of sixteen pounds be further allow'd and paid out of the publick
treasury to M r - John White, clerk of that house, for his service the
year curr'- ; which resolve being read at the board was agreed to by
the council. [Approved November 23.
CHAPTER 73.
RESOLVE FOR REMITTING THE IMPOST ON WINE SAVED OF THE
CARGO OF THE SHIP JOHN, AND THE DUTY OF TONNAGE ON SAID
SHIP, WHICH WAS CAST AWAY ON THE ROCKS OFF PEMBERTON
ISLAND IN NANTASKET BAY.
A petition of Andrew Belcher, Esq r -, on behalf of the owners of
the ship John, of Exon, Zechariah Cawley, master, coming address'd
to himself with the lading of salt and wine from Lisbon and Fyal,
being lately cast away on the rocks lying off Pemberton's Island
within Nantasket Bay, and her lading of salt and wine lost, only
seventeen pipes and one hogshead thereof saved, which, being fill'd up,
makes but fourteen pipes, praying that the duties of impost for the
said wines, as also the duty of tonnage for the said ship, if possible
she may be gotten up, may be remitted, was sent up from the repre-
sent ves - with the resolve of that house thereupon ; viz., —
Resolved — That the Prayer of the Petition oh the other Side be
Granted and Order given to the Corhiss* of Impost accordingly.
[Concurred in by the Council, and approved November 25.
CHAPTER 74.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO THE TOWN OF BROOKFIELD, TOWARDS
THE MAINTENANCE OF THE MINISTRY DURING THE CURRENT
YEAR.
Considering the Extraordinary Impoverishing Circumstances the
Town of Brookfield is under by means of the present war.
Resolved — That the Sum of Twenty Pounds be Allowed aud Paid
out of the Publick Treasury towards the support of the Ministry in the
s? Town of Brookfield for the Year Currant [Approved November 20.
[3d Sess.] Province Laws {Resolves etc.). — 1703-4. 35
CHAPTER 75.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO THE TOWN OF DEERFIELD, TOWARDS
THE MAINTENANCE OF THE MINISTRY DURING THE CURRENT
YEAR.
Considering the Extraordinary Impoverishing Circumstances, the
Town of Deerfield is under by means of the present War.
Resolved — That the Sum. of Twenty Pounds be Allowed, and Paid
out of the Publick Treasury towards the Support of the Ministry in the
s*? Town of Deerfield for the Year currant [Approved November 26.
CHAPTER 76.
RESOLVE FOR THE ESTABLISHMENT OF THE WAGES OF OFFICERS
AND SOLDIERS WHO HAVE BEEN DETACHED AND EMPLOYED IN
THE QUEEN'S SERVICE IN THIS PROVINCE, SINCE MARCH 25, 1703,
OR WHO MAY BE DURING THE PRESENT WAR.*
In y e house of Kepresentatiues Nouemb' 9 th 1703.
Resolued That y e following Establishment of Wages herein-after
made & stated shall be allowed, (& noe other without order of this
Court) out of y e publick Treasury for all Military Officers, & Souldiers
y* haue bene detached, & Imployed, since y e 25 th March 1703 In her
Majesties Service within this province, or y l shall soe be, dureing y e
Continuance of this present Warr, with France, Spaine, & y e Indian
Enemie.
Impl. To a Comander in cheif of not Less then six Companies
forty at least in Each Company ; while out after y e Enemie, vntill his
Return e to Garrisson, or y e Expedition be ouer : two pounds ten shil-
lings $p week : & none shall be allowed aboue a Captains pay :
vntill a further Expedition ; & Renewed pursuit of y e Enemie. Nor
shall any Officer y l hath liberty to w th draw from his post (where he
hath y e charg & Cornand of souldiers In Garrisson,) be Continued
under pay, till his Returne to them, If his absence from y { trust be
aboue eight dayes time :
To a Captaine. One pound Ten shillings p week.
To a Leif? fifteene shillings qp week.
To an Ensigne. twelue shillings p week, none to be allowed agst y e In-
dia Enemy
*This resolve appears not to have been formally concurred in by the Council; and the
following minute from the records under the date of November 26, 1703, justifies the infer-
ence that the Governor and Council considered the apportionment of wages to be a function
appertaining to the commander-in-chief, and that the intervention of the representatives
was required solely because no grant of money could be made from the Province Treasury
without their consent : —
"A message was brought from the representees, to enquire after their bill for establishing
of officers and soldiers pay. His excellency intimated to the messengers it was an imper-
fect establishing but so far as it extended it should be observed as a rule." — Council
Records, vol. VIII., p. 17.
This resolve appears to have been sent to the Council for concurrence as early as March
25, 1703. That draught, however, must have been an earlier one than the one printed
above, which is dated November 9th. This " establishment " is referred to, as in force, in
subsequent declaratory votes of the House, and there can be no doubt that it was consid-
ered as valid and binding as any other resolve of the General Court.
36 Province Laws {Resolves etc.). — 1703-4. [Chaps. 77, 78.]
To Euery Sergt. & Each Clerk nine shillings p week.
To Euery Corp? Trumpet- & drum- seauen shillings p week.
To a priuate Centinell six shillings p week. If at j re Castle Forts or
other Garrissons. but flue shillings p week.
To Troopers or dragoons : six shillings p week : with an Allowance
of four shillings p week more to Each of them, in Consideration of
their Horses & Furniture
To a Chaplain Twenty shillings p week.
To a Chirurgion. Eighteene shillings p week.
To a Comissary. fifteene shillings, p week.
And If it soe happen y l more forces be raised (for her majesties
seruice in this prouince) to make two parties, Consisting of y e abouesd
Number in Each party : y e Comander in cheif of Each shall be allowed,
two pounds ten shilling p week
Sent up for Concurrence Jam 8 ? Converse Speaker —
In Council. Nov? 16 th Read
26. Read, a 2* time*
CHAPTER 77.
ORDER DIRECTING THE PROVINCE TREASURER TO ORDER THE CON-
STABLES OF THE TOWN OF YORK TO PAY TO THE MINISTER THERE
TEN POUNDS OF THE PROVINCE TAX LAST LEVIED ON SAID TOWN.
In Consideration of the Impoverishing Circumstances That the
Town of York is under by means of y e present war.
Ordered — That Direction be given to the Treasurer to Order the
Constable, or Constables, of the si Town to Pay the sum of Ten
Pounds, part of the sum levied on that Town, in the last Province-
Tax, to the Minister of the said Town. [Approved December 1.
CHAPTER 78.
ORDER DIRECTING THE PROVINCE TREASURER TO ORDER THE CON-
STABLES OF THE TOWN OF WELLS TO PAY TO THE MINISTER
THERE FIFTEEN POUNDS OF THE PROVINCE TAX LAST LEVIED
ON SAID TOWN.
In Consideration of th« Impoverishing Circumstances that the
Town of Wells, is under by means of the present War.
Ordered — That Direction be Given to the Treasurer to Order the
Constable, or Constables of the s*? Town to Pay the Sum of fifteen
Pounds part of the sum Levied on that Town in the last Province Tax,
to the minister of the s? Town. [Approved December 1.
* The following establishment for the navy was made by executive order : —
"Dec. 23, 1703. Ordered that the two Sloops vizi the Anne and the Mary lately taken
up for War, be each allowed a Captain a Mate & Gunner in one person and a Boatswain ;
The Captain to be allowed Five pounds, the Mate and Gunner Fifty shillings V month,
the Boatswain Forty shillings $> Month, Mariners thirty shillings p Month, Souldiers the
accustomed pay, and that the Anne be set at eight shillings V Tun, the Mary six shillings
P Tun a Month for hire.
Consented to J : Dudley." — Exec-
utive Records of the Council, vol. 3, p. 505.
[3d Sess.] Province Laws {Resolves etc.). — 1703-4. 37
CHAPTER 79.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS STER-
LING OUT OF THE PROVINCE TREASURY TO CONSTANTINE PHIPPS
FOR HIS SERVICES AS AGENT FOR THE PROVINCE AND TO ASSIST
HIM IN CONTINUING IN SAID OFFICE.
Resolved That the Sum. of Two Hundred Pounds sterling be allowed
and Paid out of the publick Treasury to Constantine Phipps Esq' in
Consideration of what service he has done, and to assist him in further
Serving as Agent for this Province. [Approved December 2.
CHAPTER 80.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS TO ISAAC
ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDI-
NARY SERVICES FOR THE YEAR ENDING DECEMBER, 1703.
Resolved, That the sum of fifty pounds be allowed and paid out of
the publick treasury to the Hon ble - Isaac Addington, Esq", for his ex-
traordinary service done for this province the year curr'-, expiring in
December next. [Approved December 2.
CHAPTER 81.
RESOLVE FOR ALLOWING AND PAYING SEVENTY POUNDS TO JAMES
RUSSELL FOR HIS SERVICES AS COMMISSIONER OF THE IMPOST
FOR THE YEAR PAST, COMMENCING FROM THE DATE OF HIS COM-
MISSION.
Resolved, That the sum of seventy pounds be allowed and paid out
of the publick treasury to James Russell, Esq r -, commiss r ' of im-
post, for his great trouble in the s d - office for the year past, commencing
from the date of his commission. [Approved December 2.
CHAPTER 82.
RESOLVE FOR ALLOWING AND PAYING FORTY SHILLINGS TO SAMUEL
MARION FOR HIS SERVICES, FOR SEVERAL YEARS, IN BEATING THE
DRUM AT THE PUBLISHING OF LAWS, PROCLAMATIONS, ETC.
Resolved, That the forty shillings be allowed and paid out of the
publick treasury to Samuel Marion for his service several years in
beating a drum at the publishing of laws and proclamations, etc.
[Approved December 2.
38 Province Laws {Resolves etc.). — 1703-4. [Chaps. 83-85.]
CHAPTEK 83.
ORDER DIRECTING THE COMMITTEE IMPOWERED TO PRINT AND SIGN
THE BILLS OF CREDIT, ETC., TO DELIVER TO THE PROVINCE
TREASURER THE SUM OF FORTY-EIGHT POUNDS AND TEN SHIL-
LINGS IN SAID BILLS STILL RETAINED BY THEM.
Whereas this Court at their Session in July last Pass'd a Resolve
[Empowering James Russell, Elisha Hutchinson, Nathaniel Byfield, John
Leverett, and Samuel Legg Esq" to Imprint the Sum. of 5000* Bills
of Credit, and Deliver the Same to the Treasurer, Taking his Receipt
for them ; But the S* Committee have Detained, and Still Detain the
Sum of forty eight Pounds and ten shillings part of the Sum. afores*?
in their hands, which ought to have been Delivered to the Treasurer.
Ordered — That the Said Comittee forthwith Deliver the Said Suhi.
of forty eight Pounds, and ten shillings to the Treasurer. [Approved-
December 2.
CHAPTEK 84.
RESOLVE DIRECTING THAT ORDER BE GIVEN TO THE TREASURER
TO PAY EIGHTEEN POUNDS AND SIX SHILLINGS TO THE COMMIT-
TEE APPOINTED TO PRINT, ETC., THE BILLS OF CREDIT, ETC.
UNDER THE ACT OF NOVEMBER 21, 1702.
Resolved, That order be given to the treas r- to pay unto James
Russell, Elisha Hutchinson, Nath 1 - Byfield, John Leveret and, Samuel
Legg, Esq" - , the comm tee - appointed for imprinting credit bills, or to
their order, the sum of eighteen pounds and six shillings ; thirteen
pounds sixteen shillings, part thereof, being for the payment of Joseph
Allen's bill for printing, etc., and the remaining four pounds and ten
shillings for paper and removing the press. \_ApprovedDecember 2.
CHAPTEK 85.
VOTE FOR THE ENCOURAGEMENT OF VOLUNTEERS FROM MASSACHU-
SETTS AND NEW HAMPSHIRE AGAINST THE INDIAN ENEMY. BY
ALLOWING THEM ADDITIONAL BOUNTIES FOR SCALPS.
In the House of Representatives November 26* 1703.
Proposed — That fforty Pounds be Allowed, out of the Treasury of
this Province for each Scalp of the Indian Enemy, above ten Years of
age, which Shall be Taken, and brought in as the law Directs, To all
voluntiers who being Comissioned by his Excellency and Set forth and
maintain themselves free from the Province charge, and all Indians
Taken, under ten Years of age, they shall have the benefit of the Sale
thereof, as the law Directs, together with all other Plunder, and that
all such voluntiers, as shall be Commissioned, and march forth against
the s£ Enemy, from the Province of New .Hampshire, shall have four
fifths of the abovementioned Encouragements out of the Treasury of
[3d Sess.J Province Laws ( Resolves etc. ) . — 1703-4. 39
this Province, and that the Secretary be Desired, to draw a Bill accord-
ingly, to Continue in force for the Space of one Year*
Sent up for concurrence. Jam? Converse Speaker
And Considering the great Difficulty and Hardship, that will una-
voidably Attend a March of the Detached fforces during the Winter
season, It is further Proposed that the Same may be Desisted, and his
Excellency humbly moved to Disband Such of the s"? fforces as are
kept in Pay for that Design. |
Jam? Converse Speaker —
In Council. Dec- 2? 1703. Read and agreed to to continue to y e
End of the Session of the General Assembly in May next.
Isf Addington Secfy. —
This order for reward is Allowed
J Dudley
[Approved December 2.
CHAPTER 86.
RESOLVE FOR EMITTING TEN THOUSAND POUNDS IN BILLS OF PUB_
LIC CREDIT, AND FOR GRANTING A TAX OF TEN THOUSAND
POUNDS. [Approved December 2.
^Printed in the notes to the acts of the year 1703-4. ]
* The words in Italics were underscored in the original, and were, evidently, intended
to be stricken out upon the adoption of the vote of the Council limiting the continuance
of the bounty to the end of the next May session of the Assembly.
t The record of the advice of the Council upon this proposition of the House is given
in the note to this chapter. The substance of the proposal which was rejected by the Coun-
cil, as above, was, on the same da5 r , embodied in a declaration of grievances by the House,
and sent up to the Council just before prorogation, as follows : —
" And y l a "Winter march may be desisted from (there being encourgmt giuen to volun.
tiers) & y* the souldiers Intended therefor may be disbanded to such a numb 1 ' as your
Excellency may see Conuenient for ye seuerall Garrissons." — Mass. Archives, vol. 10,
p. 666.
On the thirteenth this declaration came up for consideration, when the Governor again
ordered its postponement, and promised to take action in the mean time, as appears by
the following extracts : —
" Dec. 13, 1703. As to the Article for desisting of a Winters March &.c± His Excell^y
Ordered the Intimation of a General Council, to sit on Thursday the 23^ currant, to ad-
vise of that matter. And declared that in the mean time he would write to the Colonels,
and principal Officers of the Militia in the several parts to have their opinion thereupon,
and to see if any number of Volunteers will offer for that service upon the last proposal of
the General Assemblv for Encouragement." — Executive Records of the Council, vol. 3,
p. 499.
" Dec. 23, 1703. His Excellency having intimated a General Council this day, and sum-
mons having been issued accordingly, to advise ab£ a "Winters march of the Forces now
under her Maj 4 ?' 8 pay against the Indian Enemy & Rebels.
HisJExcellency communicated letters from the Chief Officers of the Militia in several
parts in answer to his letters to them, to have their opinion in that matter.
There being but a thin appearance of the Council, It was moved, that the affair be left
under consideration till to morrow.
His Excello - Ordered an adjournm' of the Council unto to morrow at Ten in the morn-
ing."— lb id., p. 506.
The concurrence of the Council, on the next day, in the vote of the House is shown in
the note on p. 318, post.
40 Province Laws (Resolves etc.). — 1703-4. [Chaps. 87, 88.]
VOTES, RESOLVES AND ORDERS
Passed at the Session begun and held at Boston,
ox the Eighth day of March, A.D. 1703-4.
CHAPTER 87.
VOTE FOR KEEPING A DAY OF FASTING AND PRAYER BY THE
GENERAL COURT AND FOR REQUESTING THE NEIGHBORING MIN-
ISTERS TO BE PRESENT AND JOIN LN THE EXERCISES.
M E Speaker address'd bis excellency in the name of the house, that
this court might keep a day of fasting and prayer, and that the neigh-
bouring ministers might be desired to be present and carry on the ser-
vice of the day to implore the divine protection in the arduous affairs
under present consideration. His excellency propos'd YVednesday
next for that service, which was agreed to by the council, and directed
that intimation thereof be given to the ministers, and that M*' Willard
and M* Danforth be desired to preach on the said day. [Passed
March 9, 1703-4.
CHAPTER 88.
RESOLVE FOR ALLOWING AND PAYING SEVEN POUNDS AND FIVE-
PENCE OUT OF THE PROVINCE TREASURY TO ANNA BLANCHARD
OF GROTON, FOR DEFRAYING THE FUNERAL EXPENSES OF HER
LATE HUSBAND, A SOLDIER IN THE EXPEDITION UNDER CAPTAIN
TYNG.
A petition of Anna Blanchard of Groton, widow, setting forth that
her husband, James Blanchard, is lately deceased, his sickness being
occasioned by the hardships and difficulties he underwent under Cap'-
Tyng in his late expedition, praying to be eased of the charge of his
funeral, or whatever else may be thought fit, was sent up from the
represent^ 5 - with their resolve thereupon ; viz., —
Resolved That the Praier of the above Petition be Granted, and
the Sum of Seven Pounds and five pence be Allowed, and Paid out of
the publick Treasury to Anna Blanchard the Petitioner for Defreying
the charge of her late Husband's ffunerall [Concurred in by the Coun-
cil, and approved March 9, 1703-4.
[4th Sess.] Province Laws {Resolves etc.). — 1703-4. 41
CHAPTER 89.
»
ORDER FOR NOTIFYING THOMAS COOPER OF THE PETITION OF
ELISHA HUTCHINSON, COMPLAINING OF A MIS-TRIAL OF THE CASE
BETWEEN SAID COOPER AND HUTCHINSON.*
A petition of Elisha Hutchinson, Esq r -, complaining of a mistryal
in the superiour court in a case between Thomas Cooper, plaintiff, and
the said Elisha Hutchinson, admitted defend'- in the room of Richard
Stretton and William Storey, millers, was presented and read, and
Ordered, That the said Thomas Cooper be served with a copy of the
said petition, to make answer thereto if he thinks fit. [Passed March
10, 1703-4.
CHAPTER 90.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO THE TOWN OF DUNSTABLE TOWARDS
THE SUPPORT OF THE MINISTRY THERE.
Resolved. That The sum of Twenty Pounds be allowed, and Paid
out of the publick Treasury towards the Support of the Ministry in
the Town of Dunstable for the Yeare ensuing. [Approved March 10,
1703-4.
CHAPTER 91.
RESOLVE FOR REMITTING THE EXCISE DUE BY SUSANNAH CARTER
AS A RETAILER OF STRONG DRINK FOR THE YEAR PAST.
A resolve was sent up from the represent™ 8 -, upon the petition
of Susanna Carter, widow, praying an abatem'- of the excise for her
draught as a retailer the year past, which she used about two months
and then laid down ; viz'-, —
Resolved That the Praier of the Petition on the other Side be
Granted, and the whole due from the Petitioner for Excise, the Year
last past be Remitted [Concurred in by the Council, and approved March
10, 1703-4.
* See chapter 47, ante, and note thereto, post. The answer of Thomas Cooper, and
Mehetabel his wife was presented and read in the Council, March 16, 1703-4.
42 Province Laws {Resolves etc. ) . — 1703-4. [Chaps. 92-94.]
CHAPTER 92.
ORDER APPOINTING A COMMITTEE* TO VISIT CASTLE ISLAND AND
INQUIRE INTO AND REPORT UPON THE PRESENT STATE OF THE
GARRISON THERE.
In the House of Representatives. March 10? h 1703.
Ordered — That Cap? Savage, Mf Blagrove, Mf Clap, Mf Otis Mf Cush-
ing, and Mf ffrench be a Comittee with his Excellency's Leave, to go
down to the Castle, and Inqvire into the present state of that Gar-
rison, and make Report to the House.
That Cap? Phipps, Mf Lynde, and Mf Holyoke wait on his Excellency
for his leave. Jam 8 Converse Speaker —
March. 11 th 1703. In Council.
Ordered That John Hathorne, John Phillips And? Belcher and Sam;
Legg Esq" be a Committee of the Board, for the Affayr aforesaid. —
Isf Addington Secry.
[Passed March 11, 1703-4.
CHAPTER 93.
ORDER FOR PROVIDING FIVE HUNDRED PAIRS OF SNOW-SHOES FOR
THE USE OF THE MILITIA IN THE COUNTIES OF HAMPSHIRE,
MIDDLESEX, ESSEX AND YORK.
Ordered, That there be five hundred pan of good snow-shoes pro-
vided at the publick charge, one hundred and twenty-five pair thereof
to be put into the hands of each colonel or chief military officer of the
regiments of militia within the county of Hampshire, the north regi-
ment of Middlesex, the north regiment of Essex, and the regiment in
the county of York lying frontier next to the wilderness, to be in
readiness for her majesty's service, the said officers, respectively, to
stand charged therewith and to be accomptable for the disposal of
them ; the making whereof to be under the oversight of such person or
persons as are skillful in them, that they may be made of such materi-
als as may be most serviceable. [Approved March 14, 1703-4.
CHAPTER 94.
ORDER APPOINTING A COMMITTEE TO PURCHASE OF CAPTAIN BOW-
DITCH GUNPOWDER LATELY IMPORTED BY HIM.
In the House of Representatives. March 17 : 1703.
Ordered That Cap? Sam 1 . 1 Checkley and Cap? Sam 11 Phipps be a Com-
mittee to Joine with Such as the Hon ble Board shall Nominate to Pur-
chase for the Use of the Province, at the best Rate that may be, So
* This committee was originally intended to be a committee of the House only, but,
although the committee appointed by the Council for the same purpose is not expressly
joined, the whole body acted as a joint committee. See chapter 99, post.
[4th Sess.] Province Laavs (Resolves etc.). — 1703-4. 43
much of the Gunpowder Imported lately by Cap'- Bowditch, as can be
Obtained.
Sent up for Concurrence. Jam 8 Converse Speaker —
1 7 th March. 1 703 / 4. In Council.
Read and pass'd a concurrance and Elisha Hutchinson and Penn
Townsend Esq" named to joyne the Committee of the House for the
Affayre aboves"?
Is- Addington Secry
[Approved March 17, 1703-4.
CHAPTER 95.
RESOLVE FOR PAYING FOUR POUNDS AND EIGHT SHILLINGS OUT
OF THE PROVINCE TREASURY TO THE TREASURER OF THE TOWN
OF BOSTON FOR THE SUPPORT OF PRISCILLA SMART, AJST IMBECILE
PERSON DRIVEN FROM BLACK POINT BY THE ENEMY.
An accompt of the overseers of the poor of the town of Boston for
the support of Priseilla Smart, an impotent girl, driven by the enemy
from Black Point, amounting to the sum of four pounds eight shillings,
was sent up from the represent' 88- with the resolve of that house there-
on ; viz 1 -, —
Resolved That the Sum of four Pounds & eight shillings be paid
out of the publick Treasury to the Treasurer of the Town of Boston to
Defray the charge abovementioned [Concurred in by the Council, and
approved March 17, 1703-4.
CHAPTER 96.
RESOLVE FOR ABATING FOUR POUNDS OF THE EXCISE DUE BY
ROBERT SAUNDERS OF BOSTON, A RETAILER OF STRONG DRINK.
A petition of Robert Saunders of Boston, praying an abatement of
four pounds of the eight pounds excise whereat he was sett for his
draught as a retailer in the year 1701, he using his licence but one-half
of the said year, was sent up from the represent 768- with the resolve of
that house pass'd thereon ; viz' - , —
Resolved That the Praier of this Petition be Granted, and Order
Given that the Petitioner be Discharged from any further Payment on
Ace? of the Licence therein mentioned. [Concurred in by the Council,
and approved March 17, 1703-4.
CHAPTER 97.
RESOLVE FOR REMITTING THE DUTY ON A QUANTITY OF GOODS
SAVED OF THE CARGO OF THE SHIP HOPEWELL, CAST AWAY
NEAR CAPE COD, ETC.
A petition of Robert Howard and sundry other merchants, on be-
half of themselves and divers others, freighters of the ship Hopewell,
44 Province Laws (Resolves etc.). — 1703-4. [Chaps. 98-100.]
John Sunderland, master, from Barbadoes, lately cast away upon or
near Cape Codd, praying to be remitted the custom and duties of the
goods saved, was sent up from the represent 763- with the resolve of that
house thereon ; viz., —
Resolved, That the prayer of the petition be granted, aud the duty
upon the goods therein mentioned be remitted.
Which vote being read at the board, —
Voted, That Penn Townsend, Esq r -, be desired to assist the commis-
sioner in taking an accompt from the master, Sunderland, of the goods
saved, that the owners of the ship be abated the whole of their own
goods, and that the other freighters be abated in proportion to their
loss. [Approved March 17, 1703-4.
CHAPTER 98.
RESOLVE FOR PAYING A PENSION OF FORTY SHILLINGS PER AN-
NUM, UNTIL FURTHER ORDER OF THE GENERAL COURT, TO SAM-
UEL CLARK OF IPSWICH, A SOLDIER WOUNDED AND DISABLED IN
THE KING'S SERVICE.
A petition of Samuel Clark of Ipswich, setting forth that he was
wounded some years since by the Indian enemy, whereby he is lamed
and disabled, praying for some releif, was sent up from the repre-
sent 1 "*- with the resolve of that house thereon ; viz'-, —
Resolved That the Summ of forty shillings $> annum be Paid out of
the publick Treasury to the Petitioner untill this Court shall Order
otherwise. [Concurred in by the Council, and approved March 17,
1703-4.
CHAPTER 99.
VOTE FOR ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED
TO VISIT CASTLE ISLAND AND FOR THANKING THEM FOR THEIR
SERVICE.
The committee of both houses appointed to visit the castle presented
their report, w ch - was read and accepted, and thanks returned to the gen-
tlemen for their service, and sent down to the represent 76 '- with a desire
that the report may be pursued. [Passed March 18, 1703-4.
CHAPTER 100.
RESOLVE FOR THE ENCOURAGEMENT OF VOLUNTEERS AGAINST THE
FRENCH AND INDIAN ENEMY, ETC.
For the Encouragement of Voluntiers against the French and
Indian Enemy and Rebels. —
Resolved, That his Excellency be desired to Commission such a num-
ber of Officers, who may enlist and conduct such Companys of Volun-
[4th Sess.] Province Laws {Resolves etc.). — 1703-4. 45
tiers as may amount to a proper number, not less than Six hundred, if
possible, the officers & Souldiers to fit out themselves at their own
charge, without pay to range the Coast and Woods of these Provinces ;
And to Insult the Eastern Coast of Nova Scotia and Port Royal.
who shall have for their Encouragement Vessells and Boats provided
to transport them and attend the Service at the publick charge : and
shall be Supplyed with Provisions & Ammunition upon Account to be
deducted out of the Praemium.
That there be paid out of the Publick Treasury one hundred pound
<gj head, for every Scalp of the Indian Enemy by them slain and pre-
sented to his Excellency in Council, and ascertained as the Law directs,
above the age of Ten years, and all under that age with other plunder,
to be to the benefit of the Officers and Souldiers in just proportion ;
And that all proper care be taken of the wounded for their cure, and
of the maihmed for their Support as the General Assembly shall see
meet —
That the Commissary General be ordered forthwith to provide
Stores and Vessells at the Governo™ direction.
That his Excell cy . be desired to improve three hundred & Fifty men
with proper Officers under pay from Woodstock to Wells for Scouts
and flying party's who may be posted in the several Frontiers and
Blockhouses upon Merrimack for their Security when they are not upon
their march. And that of this number some of the several Towns may
be Imployed in the Service, that may be fit for guides and such as have
no other methods to Support themselves there.
That the Fishery and Coasters may be guarded with a Sloop or two
sutable for their Security.
That his Excellency be desired Earnestly to press the Governm- of
Connecticot to afford Souldiers for the Support of Hampshire, on that
River ; which is their own Frontier. —
That four fifths of the within Encouragement be Allowed out of the
publick Treasury of this Province, to any Companys of Voluntiers that
shall march from the Province of New Hampshire
That the Act Entitled, an act to Encourage the Prosecution of the
Indian Enemy, & Rebels, be further Continued, and Remain in force
untill the last day of November next coming. Provided that the En-
couragement, Given to Volunteers under Pay in the second Paragraph
thereof shall not be Interpreted, to Extend, to such as Embark upon
any Expedition in Vessells provided at the publick charge.
That, If the Govern? and Council, In the Absence of the General
Assembly, see good to pay for Indian Captives under ten year's old, the.
Sum of. three pounds, they shall have them for the redemption of our
Captives, and Improved to no other use ; Or else they shall be sold
beyond Sea, by the Captors.
That Troopers be Improved in proportion with the Foot for the
Security of the Frontiers.
That the Embargo be minded.
That his Excellency be requested to write to Rhode Island Gov-
ernm'* from this Court to afford us their Assistance in the present war.
That the Sum of Twenty pounds be paid out of the Publick
Treasury to such person or persons as his Excellency & Council shall
see meet to Order it for their necessary expences in Listing Voluntiers
for the Service. — [Approved March 20, 1703-4.
46 Province Laws (Resolves etc.). — 1703-4. [Chaps. 101-103.]
CHAPTEK 101.
ORDER FOR CONFIRMING THE CONVEYANCE OF A TRACT OF LAND
EIGHT MILES SQUARE, IN THE NIPMUCK COUNTRY, BETWEEN MEN-
DON AND OXFORD, PURCHASED OF JOHN WAMPAS, ALIAS WHITE.
AND OTHERS, INDIANS, BY JOHN COMER AND OTHERS, PROVIDED
THE PURCHASERS SETTLE THE SAME, ETC. [Approved March 21,
1103-4.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTEE 102.
RESOLVE ESTABLISHING THE ALLOWANCE OF PROVISIONS FOR THE
SUBSISTENCE OF SOLDIERS AT THE CASTLE, FORTS AND GARRI-
SONS.
Resolved — That the Allowance of Provisions for Subsisting of the
souldiers in her Maj']! s Service, at the Castle, fforts Garrisons, shall be
as follows during the present War — viz?
One pound of Bread to a man $j» day allowing one eighth for Break-
age.
Two Pieces of Pork each Containing Two Pounds to Six men ^
day.
And Sometimes Two pieces of Beef instead of Pork, each containing
four Pounds to- six men qp day.
Three Pints of Peas for Six men $p day.
Two Qvarts of Beer to a man $> day. — [Approved March 22, 1 7Q3-4.
CHAPTER 103.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN GERMAN, SURGEON OF THE PROVINCE
GALLEY, FOR HIS EXTRAORDINARY SERVICES IN CURING SEVERAL
SOLDIERS BELONGING TO THE GARRISON OF THE FtlRT AT CASCO
BAY.
A petition of John German, surgeon on board his majesty's ship the
province galley, praying consideration for his extraordinary service in
curing several soldiers of the garrison at the fort at Casco, wounded
in her majesty's service, was sent up from the house of represent™ 8,
with the resolve of the house thereupon ; viz'-, —
Resolved That the Sum? of five Pounds be Allowed, and Paid out
of the publick Treasury to John German the Petitioner. [Concurred
in by the Council, and approved March 23, 1703-4.
[4th Sess.] Province Laws {Resolves etc.). — 1703-4. 47
CHAPTEK 104.
RESOLVE FOR PAYING FOUR POUNDS OUT OF THE PROVINCE TREAS-
URY TO ELIZABETH HUNNEWELL OF BLACK POINT, TO REIM-
BURSE HER FOR A STEER KILLED FOR THE USE OF THE GARRISON
THERE, AND FOR DISBURSEMENTS MADE BY HER LATE HUSBAND
IN BUILDING THE FORTIFICATION THERE.
A petition of Elizabeth Hunniwell, relict, widow of Richard Hunni-
well of Black Point, late dec d- , praying an allowance for a steer kill'd
for supply for the garrison there, and for disbursement by her hus-
band in building the fortification, was sent up from the represent™"-
with the resolve of the house thereupon ; viz., —
Resolved That the sum of four Pounds be Paid out of the publick
Treasury to Elizabeth Hunnewell the Petitioner [Concurred in by
the Council, and approved March 23, 1703-4.
CHAPTER 105.
ORDER FOR PROVIDING A GUARD BY DAY FOR THE STORES OF WAR
IN THE SCONCE AT BOSTON, AND REQUIRING SAID TOWN TO
FURNISH A GUARD BY NIGHT.
Ordered That Two able and Trusty men be Posted as a Guard by
day for the Stores of War, Reposited in the Sconce in Boston, and
that the Town of Boston Provide a Sufficient Guard by night — [Ap-
proved March 23, 1703-4.
CHAPTER 106.
RESOLVE FOR REMITTING THE DUTIES OF IMPOST ON A SMALL
QUANTITY OF GOODS SAVED, IN A DAMAGED CONDITION, OF THE
CARGO OF THE BRIGANTINE GOOD INTENT, CAST AWAY NEAR
YORK, ETC.
A petition of Peter Sergeant, Esq r -, and other gentlemen and mer-
chants, in behalf of themselves and the rest of the freighters of the
brigantine named the Good Intent, setting forth that the said brigan-
tine, John Frost, master, in her voyage (^lately) from Barbadoes bound
for Boston, was unhappily cast away near York, whereby most of her
lading was lost, and that little which was saved, damnified, praying
that the duties for the same may be remitted, was sent up from the
represent™ 3 - with the resolve of that house thereon, viz'-, that the
prayer of the petition be granted, and that order be given to the com-
missioner of the impost accordingly ; which petition and resolve being
read at the board, —
Voted, That Penn Townsend, Esq", be desired to assist the commis-
sioner in taking an accompt of the goods saved, that the owners of
the vessel be abated the whole of the duties for their own goods, and
that the other freighters be abated in proportion to their loss. [Ap-
proved March 24, 1703-4.
48 Province Laws {Resolves etc.). — 1703-4. [Chaps. 107-110.]
CHAPTEK 107.
ORDER DIRECTING THE COMMITTEE APPOINTED TO PURCHASE POWDER
OF CAPTAIN BOWDITCH FOR THE USE OF THE PROVINCE, TO PUR-
CHASE OF OTHERS SUFFICIENT TO MAKE, IN ALL, THIRTY BARRELS.
Ordered That the Committee appointed to buy Powder for the Prov-
ince, Imported by Cap? Bowditch be Desired to Purchase of any others,
So much, as with what can be obtained of Cap- Bowditch's shall make
the Qvantity of Thirty Barrells. [Approved March 24, 1703-4.
CHAPTEK 108.
RESOLVE FOR PAYING FOUR POUNDS THREE SHILLINGS AND FOUR-
PENCE OUT OF THE PROVINCE TREASURY TO CAPTAIN WILLIAM
SOUTHWORTH, TO BE DIVIDED AMONG FORTY OF HIS COMPANY
WHO WERE VOLUNTEERS IN THE LATE MARCH AGAINST THE IN-
DIANS, IN CONSIDERATION OF SCALPS TAKEN BY SAID COMPANY.
Resolved That the Sum of four Pounds three shillings & four pence,
be Paid out of the publick Treasury to Cap- W"? Southworth, to be by
him Divided amongst the forty of his Company that were Volunteers,
in the late March against the Indian Enemy, wherein were Recovered
four Scalps, as their share of Reward for the same. [Approved March
24,1703-4.
CHAPTER 109.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS TO JOHN WHITE,
CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS EXTRAORDI-
NARY SERVICES DURING THE YEAR 1703-4.
Resolved, That the sum of four pounds be allowed and paid out of
the publick treasury to John White, clerk of this house, for his extra-
ordinary service the year past. [Concurred in by the Council, and
approved March 24, 1703-4.
CHAPTER 110.
RESOLVE FOR ALLOWING EIGHT POUNDS OUT OF THE PROVINCE
TREASURY TO MATTHEW CAREY FOR FOUR MONTHS' SERVICE AS
WAITER TO THE IMPOST OFFICE.
Resolved, That the sum of eight pounds be allowed out of the pub-
lick treasury to Mathew Carey for his last four months' service as a
waiter to the impost office. [Approved March 24, 1703-4.
[4th Sess.] Province Laws (Besolves etc.). — 1703-4. 49
CHAPTER 111.
ORDER ALLOAVING THE ACCOUNTS OF COLONEL ROMER, AND THANK-
ING HIM FOR HIS SERVICES IN PLANNING AND CONSTRUCTING THE
FORTIFICATIONS AT CASTLE ISLAND; ALSO FOR GIVING THE
CHARGE OF COMPLETING SAID FORTIFICATIONS TO THOMAS BRAT-
TLE AND TIMOTHY CLARKE, AND ALLOWING THEREFOR TWO HUN-
DRED AND FIFTY POUNDS OUT OF THE PROVINCE TREASURY.
Being Informed That C0I2. Romer will be necessarily absent this
Spring from the Inspection of the Works at the Castle, and, there
being very little there to be done for the compleat finishing of the
Works, for which also we have Col- Romers Direction.
Ordered That the Thanks of this Court be given to Col^- Romer for
his good service at the Castle, and his accounts be Allowed.
That Thoi Brattle Esq? and Cap- Timothy Clark the late Comission"
for that affaire forthwith Agree for the si Works that the same may be
finished out of hand according to Direction, from his Excellency the
Governour.
That the sum of Two hundred and fifty Pounds and no more be fur-
ther Allowed out of the publick Treasury for the s d works viz? for
Making the Carriages, and Platforms necessary, the finishing the south
East & south west Bastions as the other Two are finished, and for
Building Lodgings, where the long room was, which are to be made the
face with Brick the Rest w'! 1 wood [Approved March 24, 1703-4.
CHAPTER 112.
ORDER FOR ESTABLISHING THE WAGES OF OFFICERS AND MARINERS,
AND THE HIRE OF VESSELS IMPRESSED INTO THE NAVAL SERVICE
OF THE PROVINCE DURING THE PRESENT WAR WITH FRANCE
AND SPAIN, ETC.
Ordered That the Following Establishment be Observed in the Pay-
ing of Sea-Officers, Mariners and Vessells, that are or Shall be Taken
up and Imploied, in her Maj'iff Service during the present War with
France, and Spaine, and the Indian Enemy viz*
That there be paid.
For Open Transports three shillings, and Six pence p Tun, p month.
For Deck't Transports between Thirty and fifty Tuns, four shillings
6 d <g} Tun, p month.
For Deck't Transports between fifty and an Hundred Tuns five shil-
lings 6 d $p Tun ty Month —
To a Master of an Open Transport fifty shillings p month.
To a Master of a Deck't Transport between thirty and forty Tuns,
three pounds ten shillings qp month.
To a Mate of the Same fifty shill $p month
To a Master of a Deck't Transport between forty & an hundred Tuns,
four Pounds ten shill p month —
To a Mate of the Same fifty five shill. <gj month — .
For Vessells Taken up for War, being duly fitted and Guns found by
the Owners, eight shill. p Tun p month, if above Ninety Tuns. &
all Vessels aboue 13(J T . U 9 3 p Tu $> m°,
50 Province Laws (Resolves etc.). — 1703-4. [Chap. 113.]
For Such as are under Ninety Tuns, & not lesse than fifty, Seven shil-
lings $> Tun, p month
To the Officers of Vessells Taken up for War that are above Ninety
Tuns as follows viz?
To a Captain Six Pounds $> month.
To a Mate Three Pounds <g» month —
To a Gunner forty shill. $> month —
To a Boatswaine forty shill : <g> month.
To a Carpenter forty shill #> month.
To a Chyrurgion as already stated.
To the Officers of Vessells of War that are under Ninety Tims, and
not lesse than fifty Tuns, as follows viz!
To a Captain five Pounds $p month —
To a Gunner fifty Shillings p month.
To a Boatswaine forty shillings <$> month.
To a Carpenter forty shillings $> month.
To all Mariners Thirty shill : q> month — and all uessells Improved,
for the Publick, that shall be Taken or damnified by the Enemy it Shall
be made good by the Province. [Approved March 24, 1703-4.
CHAPTER 113.
DECLARATION AGAINST PROFANENESS AND IMMORALITIES.
Province of the hig £ xcell the Goy r Council and
Massachusetts Bay Assembly of the said Province. -
in New Englanu j
A Declaration against Prophaneness and
Immoralities.
Under a deep sence of the Divine displeasure express'd in various
calamities already Inflicted, and still awfully threatning us, Because
we have not hitherto been reformed.
We have Accounted it our Duty faithfully to declare our serious
thoughts * upon an occasion so very extraordinary.
We doubt not but that every religious person within this Province
do's with distress of soul behold the Evident hand and anger t of the
great God, That not onely the clouds return after the rain, In a new
war which the perfidious & murderous Rebels the salvages have com-
menced, whils't we were yet languishing under the wouuds of the for-
mer, but also that so small a handful are made so severe a scourge,
and the most probable methods of subclueing them have hitherto been
rendred unsuccesful. —
When We also consider how many hundreds of churches in Europe,
Famous for the Protestant Religion, have witfiin these few year's been
made an horrid and utter desolation, Yea and how many persons of
this Province have since the beginning of the present war, been
slaughtered and captivated by a bloody Enemy ; Altho. they have
not been greater sinners than the rest of their Neighbours ; and some
of them exemplary for their Piety, we cannot Imagine but that all
considerate persons are trembling before God and afraid of his Judge-
ments. And it being the concurrent Apprehention of Good men,
That a General Reformation must be Endeavoured for the prevention
of a General Desolation ; It becomes absolutly necessary for us, the
* " Serious thoughts " written over " sentiments," cancelled,
t Written over "wrath," cancelled.
[4th Sess.] Province Laws (Resolves etc.) . — 1703-4. 51
Rulers, and Representatives of this People, to publish unto them, the
sorrow's, and Desires of our Heart's, as a Testimony before Heaven
and Earth,
The best People, have, in the sad Experience of all ages, quickly
Degenerated, And it is too Obvious, that this people have done so, And
that the Errand of our Fathers into this Wilderness (which was to
plant pure churches, that should maintain the Evangelical Faith and
Worship) hath been very much forgotten and too meanly Esteemed by
many of their Posterity and that the spirit of this world hath brought
on a general Decay of the power of Godliness. But that we may have
a Right sence of our degeneracy, we must not go about to extenuate
our miscarriages by comparing ourselves with others, that may have
proportionably less of good order among them ; Tis' fit, that we should
remember our Advantages by the glorious Gospel of the blessed God,
and our high profession and strong Engagements to be a peculiar
People, And then we cannot but Acknowledge, That, the Prophanity
of mau} T , In their neglect of the Publick Worship and covenant of
God, and prophanenation of the Lords day ; The Excessive tipling
and drinking, which like a Flood even drownes much of Christianity in
several places ; The Vanity in Apparrel, affected by too many ; The
woful decay of Family Instruction and discipline ; The unrighteous
treatment which those in a Publick station, often suffer from the People ;
The scandalous contentions and Animosities maintained in the midst of
us ; The prophane curseing & swearing and takeing the name of God
in vain, for w c . h the Land mourns, The unclean spirit wherewith too
many have been possessed, Encourageing Incentives to Lewdness ; The
gross dishonesty and oppression too much practised The Falsehoods
and slaunders which continually walk in darkness among us ; And our
miscarriages in day's of peculiar Temptation, For which, all Ranks of
meu have cause to Judge themselves before God. These, and other
Immoralities, oblige us to Justify the holy God, should he proceed
against us with the dreadfullest of his severities. The great sacrifice
of our Lord Jesus Christ, is all we have to plead for deliverance.
That we may come at the desired Reformation, and may avert the
Judgements which we fear and obtain the removal of them we feele, the
wondrous mercy of God, against whome we have sinned, has appeared
in furnishing of us with directions, by the mouth of his* Faithful ser-
vants, who have consulted his holy oracle ; And we hope it will be pleas-
ing to God and useful to this people, If we do, as his people, offer * our
hearty Wishes to see everywhere a conformity unto those directions.
We would wish that the Expedients offered for a Reformation, by a
synod here some year's agoe were more throughly practised. And we
particularly Recommend unto the Justices of the respective Courts of
General Sessions of the Peace, that Article, That the number of
Houses for publick Entertainment, may not exceed what is necessary,
nor any be entrusted with them, but persons of approv'd honesty and
Fidelity.
And Whereas the Laws have made great provision to discounte-
nance Vice and Immorality ; We strictly direct and Require f them,
and all other officers concerned, that they would seriously consider the
Oath of God upon them and frequently hold consultations together
what they may do to reforme any spreading Evils. And yf persona
when chosen to office, more peculiar for Inquiry and finding out offend-
ers, would not decline the service. Nor would we leave Householders
uncalled upon, to be more careful about the Education of their children
and servants, That so the next Generation may not, for want of being
* Written over " utter," underscored.
t " Strictly direct and require " written over " earnestly call upon," cancelled.
52 Province Laws (Resolves etc.). — 1703-4. [Chap. 114.]
■well taught both at home and in the school, sinke into a deplorable
condition.
It is with Pleasure, That we find the Rev? ministers of the Gospel,
among the published Effects of their Deliberations, Declaring their
Advice, That particular congregations * would be exemplary to one
another in Inquiring into their own circumstances, and in renewing,
Explaining and Enforceing of all Religious Duty's f ; And that the
Pastors of the churches in Visiting their Flocks would Informe them-
selves about the morals of their People, And thereupon both pub-
lickly & privatly set themselves to cure what shall be found amiss
among them.
But such is the Efficacy of sin upon a miserable world, That no
counsils, no warnings nor Judgements will produce an Effectual Refor-
mation until a spirit for so blessed a worke be given of God. And
therefore we cannot but Express our hearty Approbation of, and satis-
faction in the Advice which has been sometimes given, That solemn
day's of Prayer with Fasting may be celebrated in the churches, to
aske for the Effusions of the spirit of Grace upon this whole People,
English and Indians, And Especially upon the riseing Generation, by
which they may be disposed to all those good things, which may be
for the lengthning out of our Tranquility. Unto which purpose, not
onely the day's Appointed by Authority are to be diligently applyed
and Improved, but such as may be more privately agreed to be suc-
cessively kept by particular congregations in their several Vicinities,
would be but agreeable unto such a dark time as we are now fal'n
into. —
By these things would we testify to the world, That we are in Earnest
for the Return of this whole People unto God, And for our deliverance
in the way of that Return, That so God may be for us ; And if God
be for us who can be against us. —
Given at Boston the Twenty fourth
day of March 1703 In the Third
year of Her Ma*? s Reign. [Approved March 24, 1 703-4.
CHAPTER 114.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved That the Sum of Two Hundred Pounds, be Allowed and
Paid out of the publick Treasury to his Excellency Joseph Dudley
EsqT Captain Generall and Governour in chief of this Her Majestys
Province, for, and towards his Support in the Government. [Ap-
proved March 25, 1704.
* Written over "churches," cancelled.
f " All religious duty's " written over " their covenant," underscored.
[5th Sess.] Province Laws {Resolves etc. ) . — 1703-4. 53
ORDERS, RESOLVES, ETC.
Passed at the Session begun and held at Boston,
on the Eighteenth day of April, A.D. 1704.
CHAPTER 115.
ORDER AUTHORIZING HENRY BRIDGHAM, GUARDIAN . OF MARY
BAKER OF BOSTON, A MINOR, TO JOIN WITH THE OTHER HEIRS OF
THOMAS BAKER AND LEAH HIS WIFE, BOTH LATE OF BOSTON, DE-
CEASED, IN THE SALE OF THE REAL ESTATE OF SAID DECEASED,
FOR THE PAYMENT OF THEIR DEBTS.
Upon heading the petition of George Waldron and Rachel his
wife, Thomas Baker, John Baker, and Henry Bridgham, guardian to
Mary Baker, the children, grandchildren and heirs of Thomas Baker,
late of Boston, blacksmith, and Leah his wife, both dec d -, praying that
the said Henry Bridgham, guardian of the said Mary, being a minor
about sixteen years old, may be impowered to act for her the said
Mary, and join with the other petitions in making sale of the houses
and lands of the said Thomas and Leah Baker, for payment of their
just debts, etc., —
Ordered That the Prayer of the within Petition be granted Viz? That
the said Henry Bridgham Guardian to the withinnamed Mary Baker,
Be and hereby is fully Impowred and Authorized to Act for her the
said Mary, and to joyne with the other Petitioners in makeing Sale of
the Houseing and Lands therein mentioned And to Execute Deeds in
her name accordingly. — [Approved April 20, 1704.
CHAPTER 116.
/
RESOLVE EXTENDING THE PROVISIONS OF THE SECOND SECTION OF
THE- ACT OF SEPTEMBER 8, 1703, TO ENCOURAGE THE PROSECU-
TION OF THE INDIAN ENEMY, ETC., TO SUCH VOLUNTEERS AS
EMBARK IN ANY EXPEDITION BY SEA AGAINST THE FRENCH AND
INDIAN ENEMY.
Resolved That the Encouragement Given to volunteers under Pay
in the Second Paragraph of the act Intituled an Act to Encourage the
Prosecution of the Indian Enemy & Rebels, be Given to such as under
Comission from his Excy the Govern- shall voluntarily Embark upon
any Expedition against the french or Indian Enemy in vessells Pro-
vided at the publick charge, untill the last Day of August next, not-
withstanding the Proviso in a Resolve of this Court made, at their last
session to the contrary. [Approved April 20, 1704.
54 Province Laws {Resolves etc.). — 1703-4. [Chaps. 117, 118.]
CHAPTER 117.
ORDER REQUIRING ALL FRENCHMEN RESIDING IN THE PROVINCE
TO BE REGISTERED, AND THEREAFTER TO BE TREATED AS ENG-
LISHMEN SIMILARLY OFFENDING, IF CONVICTED OF HOLDING IN-
TERCOURSE WITH THE ENEMY; AND ALSO DIRECTING THAT ALL
FRENCH ROMAN CATHOLICS IN THE PROVINCE BE MADE PRIS-
ONERS OF WAR; AND REQUESTING THE NEIGHBORING PROVINCES
TO USE THE SAME PRECAUTIONS.
Memorial
It seems Convenient, if not Necessary, that by an Order of this
Court all the French-men residing in this Province, be Regislred, and
they brot under such a Regulation : That if at any time after, they be
convicted of holding Correspondence with the French & Indian Enemy,
they may without dispute, be proceeded with as English-men should be
under the like circumstances. And that all French Roman Catholicks,
be forthwith made Prisoners of War. And the Governments of Coiiecti-
cut, and Rhode-Island, and New- Hampshire, be desired to use the
same Precaution
Humbly Offerd to his Excellency the Governour, the honorable
Council & Representatives in General Court Assembled April, 18 th
1704.
By Samuel Sewall.
In the House of Representatives April 20 1704 Read and
Ordered That a Resolve of this Court be made accordingly
Sent up for Concurrence Jam 8 Convers Speaker
April. 20 th 1704. In Council. Read and pass'd a concurrance.
Isf Addington Secry. —
[Approved April 20, 1704.
CHAPTER 118.
ORDER DIRECTING THOMAS BRATTLE AND TIMOTHY CLARKE, AP-
POINTED TO MANAGE THE EXPENDITURE OF THE MONEY GRANTED
TOWARDS FORTIFYING CASTLE ISLAND, TO BUILD THE LODGINGS
IN THE LONG ROOM AT THE CASTLE ACCORDING TO THEIR OWN
PROJECTION.
Thomas Brattle Esqf and Cap* Timothy Clark the Committee
Appointed to Lay out the Money Granted for fortifying Castle Island
having Represented to this House that the Building of the Lodgings
in the long room, may be made Safer, and not much dearer, with a
brick arch.
Ordered — That It be left to the Said Committee to build the s*
Lodgings according to then* Projection. [Approved April 20, 1704.
[5th Sess.] Province Laws (Resolves etc. ) . — 1703-4. 55
CHAPTER 119.
RESOLVE THANKING MAJOR SAMUEL MASON FOR CONDUCTING THE
CONNECTICUT REINFORCEMENT INTO THIS PROVINCE, AND RE-
QUESTING HIM TO REMAIN WITH HIS COMMAND; ALSO FOR PRE-
SENTING HIM WITH TWENTY POUNDS AND A QUARTER-CASK OF
WINE IN ACKNOWLEDGMENT OF HIS SERVICES.
Resolved — That the Thanks of this Court be Given to the Hon b ! e
Majf Sam 1 . 1 Mason, for his good Service in Disposing, and Conducting
the Connecticott forces, into Her Maj th : 8 service in this Province.
That he be Desired to Continue his Presence with them.
And That in gratefull Acknowledgment of his good Service afores*
the Sum of Twenty Pounds, and a Qvarter Cask of Wine be Presented
to the S d Majf Mason out of the publick Treasury. [Approved
April 20, 1704.
CHAPTER 120.
ORDER INSTRUCTING THE COMMITTEE APPOINTED TO PRINT AND
SIGN THE BILLS OF CREDIT, ETC., AS TO THE NUMBER OF BILLS
TO BE PRINTED OF THE SEVERAL DENOMINATIONS.
In the House of Representatives April 20 : 1 704
Whereas there is a generall Complaint that Small Bills of Credit are
much wanted for Exchange, and this House are Informed that the
Comittee appointed to make Bills of Credit, have already made near
Two Thousand Pounds of the Ten Thousand Pounds Ordered to be Im-
printed, of large Bills.
Ordered That It be an Instruction to the s"? Committee, That they
make about five hundred Pounds, upon the Plate that Contains halfe
crown Bills & two shilling Bills. And the Remainder of the s*? Sum of
Ten Thousand Pounds upon the Plate which contains forty shilling,
Twenty shilling, ten shilling, and five shilling Bills.
Sent up for Concurrence. Jam? Converse Speaker
In Council. April. 20* 1704.
Read and concurr'd, so far as the progress which the Committee have
already made will admit of. —
Is^ Addington Secry
[Approved April 20, 1 704.
CHAPTER 121.
ORDER FORBIDDING THE INDIANS OF NATICK, ETC., TO GO MORE
THAN ONE MILE FROM THEIR RESPECTIVE PLANTATIONS WITHOUT
LICENSE, ETC., ON PAIN OF DEATH; PROVIDING FOR AN AGENT, ETC.
In the House of Representatives. April 21. 1704
This House being Inform'd by diverse of their Members, that Some
of the Indians of Natick, as well as other Places, Take the Liberty to
Passe through the Towns & Travaile into the Woods, without Licence
from authority, and when called to an account whither They are going
56 Province Laws {Resolves etc.). — 1703-4. [Chap. 122.]
and for what End, behave themselves in a surly insolent manner, by
which their Liberty Opportunity is given them that are so minded to
Convey Intelligence to our Enemies.
Ordered That a Message be sent up to his Excellency the Govern?
and Councill earnestly moving that Such methods may be forthwith
Taken to Restrain the s^ Indians within Such proper places & Limits as
may effectually Prevent the dangerous Inconveniency aforementioned.
Jam 8 Converse Speaker
April. 21 st 1704. — In Council. — Read, and
Ordered That none of the Indians of Natick or other places presume
to be found one mile out of the bounds of their respective Plantations
without express order from his Excellency and w th an English man in
their Company, on Pain of death ; And that m r Leverett be desired to
Improve some Englishmen as there may be occasion to dispose of their
Wares for them. And that he give instant notice to them of this
order. —
sent clown for concurrance Is A Addington Secry.
Die fydict : In the House of Representatives Read & Concurr'd
Jam- Converse Speaker, —
[Approved April 21, 1704.
CHAPTEE 122.
ORDER FOR APPOINTING A COMMITTEE TO HEAR COLONEL ROMER
AND OTHERS UPON THE ACCOUNTS OF EXPENSES AT CASTLE
ISLAND, AND TO ADJUST THE SAME.
Upon reading a representation of Coll. Roomer, her majestie's engi-
neer, that upon perusal of some papers he finds that the accompts of
perticular persons contained in one general article of his grand accompt
of expences at the castle are liable to sundry objections of unjust and
unreasonable charges, —
April. 21? 1704.— In Council.
Ordered That Penn Townsend aud Samuel Legg Esq" with such as
shall be named by the House of Representatives be a Committee to
hear Col? Romer and the Creditors upon the within Representation and
to State and regulate their Accompts according to bargain and Justice.
That payment may be Ordered accordingly.
Sent down for concurrance Is A : Addington S.
In the House of Representatives April 21. 1704 Read &
Ordered a Concurrence And That Cap? Ephr™ Savage, Cap' Sam"
Checkley & Cap? SamP Phipps be of the Comittee for the aff? afores*?
Jam 8 Converse Speaker —
[Approved April 21, 1704.
[5th Sess.] Province Laws {Resolves etc.). — 1703-4. 57
CHAPTER 123.
ORDER APPOINTING A COMMITTEE TO PURCHASE OF THE TREAS-
URER TWO MORTARS AND A SUPPLY OF SHELLS FOR THE USE
OF THE PROVINCE, TO BE PAID FOR OUT OF THE PROVENCE
TREASURY.
Ordered That Cap- Ephraim Savage, Cap? Samuel Checkley, and
Cap- Samuel Phipps be a Comittee to Treat with the Treasurer, and
Purchase of him at the cheapest Rate they may, Two Mortar Pieces,
and the shells that belong to them for the Service of the Province,
their Cost to be Paid out of the publick Treasury. [Approved April
21,1704.
CHAPTER 124.
MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR, FOR A DAY OF PUBLIC FASTING AND PRAYER.
A Message was brought up from the Representatives, to pray his
Excellency that a publick Fast might be appointed to seek God for
Success to the Forces design'd to be sent forth. [Passed April 21,
1704.
VOTES, RESOLVES, ORDERS,
ETC.,
Passed 1704-5.
[59]
LEGISLATIVE LIST
i7°4-5
His Excellency JOSEPH DUDLEY,
Captain-General, and Governor-in-chief, etc.*
THOMAS POVEY, Esq.,
Lieutenant- or Deputy-Governor, etc.
ISAAC ADDINGTON, Esq.,
SECRETARY or the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of or proprietors of land's within the territory formerly called
the Colony of the Massachtisetts Bay : —
Wait Winthrop, Esq., Jonathan Corwin, Esq.,
James Russell, Esq., John Foster, Esq.,
Simeon Stoddard, EsQ.,f Samuel Hatman, Esq.,J
John Hathorne, Esq., Penn Townsend, Esq.,
Elisha Hutchinson, Esq., John Higginson, Esq.,
Samuel Sewall, Esq., Andrew Belcher, Esq.,
William Browne, Esq., Edward Bromfield, Esq.,
Isaac Addington, Esq., Samuel Legg, Esq.,
John Phillips, Esq., Ephraim Hunt, Esq.
Of the inhabitants of or proprietors of lands within the territory formerly called
New Plymouth : —
John Wallet, Esq., Isaac Winslow, Esq.,
John Thacher, Esq,,§ Nathaniel Paine, Esq.|| ,
Of the inhabitants of, or proprietors of land luithin the territory formerly called
the Province of Maine : —
Eliakim Hutchinson, Esq., Benjamin Browne, Esq.,1
Joseph Hammond, Esq. **
* For the full title, see vol. VII., p. 331.
t Elected June 14, in place of Elisha Cooke, who was chosen May 31, but negatived by the Governor.
J Elected June 14, in place of Peter Sergeant, who was chosen May 31, but negatived by the Governor.
§ " Thatcher," in the Secretary's list.
|| "Payne," in the Secretary's list.
U " Brown," in the Secretary's list.
•* Hammond's name is not subscribed to the qualifying oaths.
161]
62
Province Laws (Resolves, etc.). — 1704-5. [Representatives.]
Of the inhabitants of, or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
For the Province, at large : —
Samuel Partridge, Esq., Samuel Appleton, Esq.
REPRESENTATIVES or DEPUTIES.
May 31, 1704 to March 3, 1704-5.
Major JAMES CONVERSE, Speaker.
Boston,
Roxbury,
Dorchester,
Milton,
Braintree,
Weymouth,
Hingham,
Dedham,
Medfield,
Woodstock,
County of Suffolk.
Mr. Thomas Oakes,
Capt. Samuel Checkley,
Capt. Ephraim Savage,
Mr. Elizur Holyoke.*
Mr. William Denison.
Mr. Hopestill Clap.
Capt. Thomas Vose.
Lieut. John Baxter f
Capt. Stephen French.
Mr. Theophilus Cushing.
Capt. Daniel Fisher.
Mr. John Metcalfe %
Mr. Philip Eastman. §
County
Billerica,
Chelmsford,
Concord,
Sudbury,
Marlborough,
Newton,
Sherburne,
Dracut,
of Middlesex — Concluded.
Mr. Thomas Richeson.§§
Capt. Jerahmeel Bowers.
Mr.JohnWheller.ini
Mr. John Balcom.
Capt. Thomas How.lffl
Mr. John Spring.
Mr. William Rider.
Mr. Joseph Varnarn.***
County of Middlesex.
Charlestown, Capt. Samuel Phipps.||
Cambridge, Mr. Thomas Oliver.
Watcrtown, Mr. John Sherman .^[
Wobum, Maj. James Converse, Esq.**
Maiden, Capt. Joseph Willson.ff
Reading, Maj. Jeremiah Sweyne.JJ Rowley,
County of Essex.
Salem, Major Samuel Browne,tff
Josiah Wolcott, Esq.JJJ
Lynn, John Burrill, Esq.§§§
Marblehead, Capt. Edward Brattle.
Beverly, Mr. Isaac Woodbery. |J || ||
Gloucester, Ensign Nathaniel Coit.^ffllT
Wenham, Deacon William Fiske.****
Ipswich, Mr. Nehemiah Jewett,ff ft
Capt. William Goodhue.
Mr. John Dresser.
* " Holioke," in the Secretary's list.
f " Lieut.," in the town records, but " Mr.," in the Secretary's list.
X "Metcalf," in the Secretary's list.
§ " Easman," in the Secretary's list.
|| " Phips," in the Secretary's list.
H The signature lacks the letter n.
** Not in the town records.
tt " "Wilson," in the Secretary's list.
XX " Swain," in the Secretary's list. There is no entry of his election this year in the town records.
$$ " Richardson," in the town records and in the Secretary's list.
Illl ""Wheeler," in the town records and in the Secretary's list.
HIT In the town records he is not called " Captain."
*** A signature nearly torn off, at the foot of the leaf, may have been his ; but it is not certain that
he was sworn.
ttt " Major," in the town records, and " Brown," in the Secretary's list.
XXX " Wolcot," in the town records.
§$$ " Burrell," in the Secretary's list, but without the " Esq. ; " and " Burrill," in the town records, and
so signed by him.
Illlll " "Woodbury," in the Secretary's list.
HUH " Ensign," in the town records, but "Mr.," in the Secretary's list.
**** " Deacon," in the town records, but " Mr.," in the Secretary's list.
tttt Erroneously entered " Nathaniel," in the Secretary's list.
[Representatives.] Province Laws (Resolves, etc.). — 1704-5.
63
County of Esses — Concluded.
Topsfield, Sergeant John Hovey,*
Sei'geant Daniel Redington.
Boxford, Mr. Samuel Symonds.
Andover, Mr. John Chandler.
Haverhill, Mr. Samuel Watts.
Newbury, Deacon Cutting Noyes.f
Salisbury, Mr. Richard Hubbard.
Amesbury, Mr John Foott.J
County of Barnstable.
Barnstable, Mr. Samuel Hinckley.§
Yarmouth, Capt. Samuel Howes. ||
Sandwich, Mr. Samuel Prince.
Eastham, Mr. Samuel Knowles.
County of Hampshire.
Springfield, Deacon John Hitchcock.^f
Northampton, Capt. Preserved Clap.**
Hadlexi, Mr. Daniel Marsh.
County of York.
York, Capt. Lewis Bane.
Kittery, Ensign John Leighton.ff
County of Plymouth.
Plymouth, Capt. James Warren, Esq.JJ
Scituate, Mr. Samuel Clap.
Marshfield, Mr. Samuel Sprague.§§
Duxbury, Mr. Josiah Holmes. ||j|
Bridgewater, Mr. David Perkins. ^[
County of Bristol.
Bristol, Capt. Simeon Davis.
Swanzey, Mr. Ephraim Perce.***
Rehoboth, Mr. Enoch Hunt,tff
Mr. Benjamin Allen.
Taunton, Capt. Henry Hodges.
Little Compton, Joseph Church, Esq.JJ^;
Dartmouth, Mr. James Samson.§§§
Island of Nantucket.
James Coffin, Esq.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor and General Court.
* By the town records, Sergeant John Hovey appears to have been chosen May 12, and Sergeant
Redington on the ninth of June. As Hovey's signature is not found subscribed to the oaths, and as Red-
ington did subscribe on the twelfth of June, it is probable that the former declined to serve, since he was
living some years later.
t " Deacon," in the town records, but " Mr.," in the Secretary's list.
X " Foot," in the Secretary's list, and in the town records.
§ " Hinkley," in the Secretary's list.
|| " Capt." and " House," in the town records, but " Mr." and " Hawes," in the Secretary's list.
IT " Deacon," and " Hitchcocke," in the town records.
** " Clapp," in the town records.
ft "Ensign," in the town records, but " Mr.," in the Secretary's list.
XX " Capt." without the '■ Esq.," in the town records
§§ The surname is omitted in the Secretary's list, but " Sprague" subscribed the oaths.
Illl "Joshua," in the Secretary's list, but subscribed " Josiah," and so in the town records.
HIT Erroneously entered "Daniel," in the Secretary's list.
*** "Pierce," in the Secretary's list, and " Pearce," in the town records.
tft Both Hunt and Allen subscribed the qualifying oaths. Allen was chosen May loth ; Hunt, who
succeeded him, was chosen June 7th, as appears by the following entry in the town records : —
" Att a Town Meeting Laf ully warned the seuenth day of June 1704, Then mett together & the Town
Chose Cap 4 . Enoch Hunt [sic] serue for & Represent them in a greatt & Gen 9 Court or Assembly (to be
held & keept for her Maj li £f Seruice at the Town House att boston) ; in the Room of Benj a Allin who is
Ejected the house of Representatives."
The reason for the expulsion of Allen does not appear, since the House Journals for that period are not
known to be in existence. If the records of the Court of Sessions for Bristol County prior to 1702 could
be found they might afford an explanation. See note to the private act of Oct. 30, 1697, vol. VI., number
7, and compare the proceedings in Vesey's case, vol. VII., p. 332, note ||.
+++ " Mr.," in the town records, but " Esq.," in the Secretary's list.
$$$ " Sampson," in the Secretary's list.
VOTES, RESOLVES, ORDERS, ETC.
Passed at the Session begun and held at Boston,
on the Thirty-first day of May, A.D. 1704.
CHAPTER 1.
VOTE FOR PROCURING ONE HUNDRED AND TWENTY SHELLS, FOR
THE TWO MORTARS LATELY BOUGHT FOR THE USE OF THE
PROVINCE.
The Council are* opinion, That there be One Hundred and twenty
Shells agreed for. Viz 1 Sixty for Each Morter, of the two lately bought.
[Concurred in by the House, and passed June 2.
CHAPTER 2.
RESOLVE FOR ALLOWING ONE HUNDRED AND SIXTY-FOUR POUNDS
ONE SHILLING AND FIVEPENCE OUT OF THE PROVINCE TREAS-
URY TO CAPTAIN GEORGE TURFREY, FOR DISBURSEMENTS MADE
BY HIM IN REPAIRING THE FORT AT SACO IN THE YEAR 1701.
The accompts of Cpt. George Turfrey's disburse in repairing of the
fort at Saco by order of the council in the year 1701, amounting to
one hundred sixty-four pounds one shilling and fivepence, was sent up
from the representatives with the resolve of the house thereupon ; viz.,
that the said sum be paid out of the publick treasury, the allowing
this accompt to be no precedent for the future. [Concurred in by the
Council, and approved June 3.
CHAPTER 3.
ORDER APPOINTING A COMMITTEE TO EXAMINE THE ACCOUNTS OF
JOHN USHER, LATE TREASURER OF NEW ENGLAND, ETC., AND TO
REPORT THEREON.
Ordered, That John Walley and Andrew Belcher, Esq™-, Cpt. Sam-
uel Checkley, Cpt. Samuel Phipps and Josiah Wolcott, Esq"-, be a
•Sic: "of "omitted.
[65]
66 Province Laws (Resolves etc.). — 1704-5. [Chaps. 4-6.]
committee to examine and inspect the accompts of John Usher, Esq r -,
late treasurer of the territory of New England, and make report what
they think proper to be done by this court concerning them, and to
proceed therein forthwith. [Passed June 7.
CHAPTER 4.
VOTE APPOINTING ELIAKIM HUTCHINSON, IN THE PLACE OF AN-
DREW BELCHER, UPON THE COMMITTEE ON THE ACCOUNTS OF
JOHN USHER, LATE TREASURER OF NEW ENGLAND.
Eliakim Hutchinson, Esq r -, is named and appointed of the commit-
tee upon the accompts of John Usher, Esq r -, in the room of Andrew
Belcher, Esq r \ [Passed June 9.
CHAPTER 5.
ORDER APPOINTING A COMMITTEE TO REPORT WHAT MEASURES ARE
PROPER TO BE TAKEN FOR CONFIRMING FRIENDSHIP WITH THE
MAQUAS, ETC.
In the House of Representatives. June 8^ 1704
Ordered — That Mf Thorn* Oakes, Josiah Wolcott Esq r r Cap!. Thorn'
Oliver, Cap? Preserved Clapp, and John Burril Esq? be a Committee to
Joine Such as the Hon b ! e Board shall Appoint, to Consider of and Pro-
pose to the Court what they Apprehend, proper to be done at' this time,
for the steadying, and Confirming of the Maqvas &c a in their friend-
ship.
Sent up for Concurrence. jAMf Converse Speaker, —
June. 9 th 1704. — In Council. Pass'd a Concurrance and
Votf? That John Phillips Penn Townsend John Higginson and
Andrew Belcher Esq" or any two or more of them, be a Committee of
the Board for the Affair abovesaid. —
[Passed June 9>.
1st Addington Secry.
CHAPTER 6.
RESOLVE FOR PAYING ONE HUNDRED AND FOURTEEN POUNDS
SEVENTEEN SHILLINGS OUT OF THE PROVINCE TREASURY, TO
MAKE GOOD THE LOSSES SUSTAINED BY CERTAIN MEMBERS OF
THE COMPANY THAT ENCOUNTERED THE FRENCH AND INDIANS AT
DEERFIELD, FEBRUARY 29, 1703-4; TO PROVIDE FOR THE WIDOWS
OF THOSE WHO WERE THEN SLAIN; AND FOR DISTRIBUTING
SCALP-MONEY, IN ADDITION TO PLUNDER, AMONG THE MEMBERS
OF SAID COMPANY.
A resolve pass'd in the house of representatives upon the petition
of Jonathan Wells and Ebenezer Wright in behalf of the company who
[1st Sess.] Province Laws (Uesolves etc.). — 1704-5. 67
eucounter'd the French and Indians at Deerfield, in February past;
viz., —
Resolved — That the Losses of the Petitioners, be made good, & Paid
out of the publick Treasury to Such as Sustain'd them, according to
their Acc° herewith exhibited, amounting to the Sum of Thirty four
pounds, & Seventeen shillings.
That the Summ of five Pounds be paid to each of the widows, of
those Slain, mentioned in the List annexed being four in number.
And altho. but one Scalp of Indians Slain by them is Recovered,
Yet for their Encouragern-
That the Sum of Sixty Pounds, be allowed and Paid to the Peti-
tioners, whose names are contained in the s 1 ? List annexed as surviving
for Scalp-money, to be eqvally Divided amongst them. Together with
all Plunder whereof they give account [Concurred in by the Council,
and approved June 9.
CHAPTEE 7.
VOTE ADVISING THE GOVERNOR TO RESIST THE INVASION OF THE
FRONTIERS NEAR THE CONNECTICUT RIVER BY THE FRENCH AND
INDIAN ENEMY.*
His excellency communicated to the council letters received the
last night from Albany via Northampton, advising of a body of French
and Indians to the number of about five hundred that were upon their
march towards the frontiers on Connecticut river, and sent them to
the representatives, who after reading them return'd them with a mes-
sage to desire his excellency to take care of those parts. [Passed
June 12.
CHAPTER 8.
VOTE FOR APPOINTING COMMISSIONERS TO RENEW THE TREATY OF
AMITY BETWEEN THE MAQUAS, ETC., AND THIS PROVINCE, AND
FOR PROVIDING SUITABLE PRESENTS FOR SAID INDIANS; ALSO
REQUESTING THE GOVERNOR TO WRITE TO THE GOVERNORS OF
NEW YORK AND CONNECTICUT TO COOPERATE IN THE AFFAIR.
The report of the committee referring to the Maquas, etc., was
sent up from the representatives, being in the words following ;
vizr. , —
The Commities are of opinion that there be two or three Sutable
Gentlemen apointed to goe as Comisioners, for y e Prouince of y e
Massathusets Bay to renew y e antient amity between y e Maquas & this
Gouerment & y' on y e part of y e prouince of Massathusets a sutable
present be prouided to be made to ye Maquas &c about 200 f Value & y?
his Excelency be desired to write to his Excelency y e Lord Cornebury
Gouerner of New Yorke and the Honorable John Winthrop Esq? Gou-
* This message of advice, being tantamount to a resolve of the House, is included here,
although it has not been discovered that the Governor had occasion to detach any forces
about this time to meet the enemy at the place designated. The concurrence of the
Council is also inferred.
68
Province Laws (Resolves etc.). — 1704-5. [Chaps. 9-11.]
erner of Coniticot that they will please to Joyne with this GouernV in
the said Negotiation. w c . h is humbly Submited.
Read and Accepted. (Saving there be but 2 Cohiiss" sent) [Con-
curred in by the Council, and approved June 14.
CHAPTEE 9.
RESOLVE FOR ALLOWING AND PAYING THIRTY-THREE POUNDS FIF-
TEEN SHILLINGS AND EIGHTPENCE OUT OF THE PROVINCE TREAS-
URY TO LIEUTENANT JOHN WYATT, IN FULL OF HIS ACCOUNT OF
DISBURSEMENTS AT BLACK POINT.
Resolved, That the sum of thirty and three pounds fifteen shillings
and eightpence be allowed and paid out of the publick treasury to
Lieut. John Wyat in full of his accompt. [Approved June 14.
CHAPTER 10.
RESOLVE FOR ALLOWING AND APPROVING THE PROVINCE TREAS-
URER'S ACCOUNTS FROM MAY 26, 1703, TO MAY 31, 1704.
Resolved, That the said accompts, in the several articles of receipts
and payments therein mention'd, amounting to the sum of twenty-six
thousand nine hundred and two pounds four shillings, be and hereby
are approved and allowed of, and the said treasurer is hereby dis-
charged of the said sum of twenty-six thousand nine hundred and two
pounds four shillings. [Approved June 14.
CHAPTER 11.
ORDER AUTHORIZING JOSEPH BRIDGHAM, GUARDIAN OF EDMUND
AND ELIZABETH MOUNTFORT, MINORS, TO SELL THEIR INTEREST
IN THE REAL ESTATE OF THEIR GRANDFATHER, EDMUND MOUNT-
FORT, LATE OF BOSTON, DECEASED, TESTATE.
A petition of Joseph Bridgeham, guardian to Edmund and Elisa-
beth Mountforth, the two children of Edmund Mountforth, late of
Boston, mariner, dec d - (being both minors under the age of ten years) ,
was read, therein praying to be impower'd by an act or order of this
court on behalf of the said minors, to make sale of their one sixth part
and interest of and in the dwelling-house, with the appurtenances, of
their grandfather, Edmund Mountforth, sometime of Boston, shop-
keeper, dec d- , scituate at the northerly end of the said town, descend-
ing to them in right of their said father, by vertue of the last will and
testament of their grandfather aforesaid, and cannot admit of a parti-
[] st Sess.] Province Laws {Resolves etc. ) . — 1704-5.
tion and is not likely to be of advantage to the said minors by their
holding the same, —
Ordered, That the prayer of the Petition be granted And the 1 eti-
tioner is hereby Impowred to make Sale of the Interest & Share of the
said Minors in the House w th y e appur ces therein mentioned And to Ex-
ecute a Deed of Sale for the same.— [Approved June 15.
69
CHAPTER 12
RESOLVE FOR PAYING EIGHT POUNDS NINETEEN SHILLINGS OUT OF
THE PROVINCE TREASURY TO SAMUEL PHILLIPS FOR COPIES OF
FAST-DAY SERMONS PRINTED BY HIM FOR THE USE OF THE
PROVINCE*
Resolved That the Sum of Eight Pounds nineteen shillings, be Paid
out of the publick Treasury to MI Sam? Phillips in full of his Ace? on
the other Side [Approved June 16.
CHAPTER 13.
VOTE FOR PAYING FIVE POUNDS TWELVE SHILLINGS OUT OF THE
PROVINCE TREASURY TO BENJAMIN ELIOT FOR COPIES OF SERMONS
PRINTED BY HIM FOR THE USE OF THE PROVINCE.f
Voted that the Sum of fiue pounds Twelue Shillings: be paid out of y e
Province Treasury to M r Benjamin Elliot for y e books aboue mentioned.
[Approved June 16.
CHAPTER 14.
RESOLVE FOR PAYING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY TO THE TOWN OF YORK TOWARDS THE SUPPORT OF SAMUEL
MOODY, MINISTER OF SAID TOWN, AND FOR GRANTING SAID TOWN
A FURTHER ALLOWANCE OF FIVE POUNDS OUT OF THE PROVINCE
TAX LAST LEVIED ON SAID TOWN, FOR THE TOWN'S EXPENSES IN
AID OF ABRAHAM STEVENS, A SICK SOLDIER.
Resolved, That there be paid out of the publick treasury ten pounds
towards the support of INF- Samuel Moodey, minister of the town of
Yoi»k ; and further, that there be allowed unto the town of York five
pounds out of the tax levied on them the last year, for their disbursem' 9,
on Abraham Stevens, a sick soldier. [Approved June 16.
* In the record, this and the following chapter are included in one resolve made up by
the Secretary from the two distinct resolves here printed from the archives. Each of these
original resolves was written at the foot of the bill which the printer sent in ; and although
the claim of Phillips was clearly for £8, 19s. 2d., only £8, 19s. was allowed him, which
appears also in the record, and in the charge of this item in the province treasurer's ac-
counts.
t See note to chapter 12. ante.
70 Province Laws {Resolves etc.). — 1704-5. [Chaps. 15-18.J
CHAPTER 15.
RESOLVE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS
TO JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved — That the Sum: of Three Hundred Pounds be Allowed,
and Paid out of the Publick Treasury to His Excellency Joseph
Dudley Esqf Capt? GenerJ and Governour in Chief of this Her Majestie's
Province, for and towards his Support in the Government. [Approved
June 17.
CHAPTER 16.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JAMES TAYLOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES
DURING THE YEAR 1703-4.
Resolved, That the sum of two hundred pounds be allow'd and paid
out of the publick treasury to M r - James Taylour, treas r , for his ser-
vice in the said office the year past. [Approved June 17.
CHAPTER 17.
RESOLVE FOR ALLOWING AND PAYING EIGHT POUNDS OUT OF THE
PROVINCE TREASURY TO MARY SIMPSON, WIDOW, FOR PORK FOR
THE USE OF THE PROVINCE.
A receipt of Cpt. Simon Willard for 1,645 lb. of pork had of Mary
Simpson, widow, for the sendee, was sent up from the representatives
with the resolve of that house thereupon ; viz., —
Resolved, That the sum of eight pounds be allow'd and paid out of
the publick treasury to Mary Simpson, widow, for the pork mentioned
in the said receipt. [Concurred in by the Council, and approved June
20.
CHAPTER 18,
ORDER FOR TRANSMITTING TO THE COMMISSARY-GENERAL THE
ACCOUNTS OF BILLETING, AND FOR THE SUBSISTENCE OF, FORCES
OCCASIONALLY MUSTERED, AND MARCHING FROM TOWN TO TOWN.
[Approved June 22.
[Printed in the postscript to vol. I., of the Province Laws,p>age 901.']
[1st Sess.] Province Laws {Resolves etc.). — 1704-5. 71
CHAPTEE 19.
ORDER FOR POSTING AT WOODSTOCK, AT THE CHARGE OF THIS PROV-
INCE, ONE-HALF OF THE PARTY OF SCOUTS FROM CONNECTICUT,
UNDER THE COMMAND OF MAJOR JAMES FITCH, TO RELIEVE THE
MASSACHUSETTS MEN IN SERVICE THERE.
An order pass'cl by the representatives in compliance with a pro-
posal made by Major James Fitch, referring to a scout of thirty sol-
diers from Connecticut under bis direction, that one-half of them be
posted as a standing party at Woodstock, to be subsisted at the charge
of this province, and the soldiers of this province posted there to be
dismiss'd. [Concurred in by the Council, and passed June 22. ■
CHAPTER 20.
ORDER APPOINTING A COMMITTEE TO VIEW THE FORTIFICATIONS ON
CASTLE ISLAND AND TO REPORT WHAT OUGHT FURTHER TO BE DONE
TO FINISH SAID WORKS.
In the House of Representatives. June 16 1704
Ordered That Maj- Samuel Brown, Mf Samuel Clapp, and Captain
Ephraim Savage, be a Committee to Go down to the Castle, (with his
Excellency's leave) To view the works there, Consider, and Compute
with the Committee for fortifying the Castle, what is further necessary
for finishing the s"? works, and make Report to the House.
Jam? Converse Speaker
June. 22*? 1704. In Council. Read, and John Higginson and
Samuel Appleton Esq" be added to the Committee. And to attend too
morrow at Seven in the morning.
Is£ Addington Secry. —
[Passed June 22.
CHAPTER 21.
RESOLVES DECLARING THAT THE PENALTY IN THE FIRST SECTION
OF THE ACT FOR THE BETTER OBSERVATION AND KEEPING THE
LORD'S DAY EXTENDS TO SUCH AS NEGLECT RELIGIOUS EXER-
CISES AS WELL AS TO SUCH AS ENGAGE IN LABOR OR RECREA-
TION, AND THAT THE POWER OF RESTRAINT GIVEN TO JUSTICES,
ETC., BY THE SIXTH SECTION, INCLUDES THE POWER TO IMPRISON,
OR SET IN THE CAGE OR STOCKS. [Approved June 23.
[Printed in the note to the act of October 22, 1692. ~\
72 Province Laws (Resolves etc.). — 1704-5. [Chaps. 22-24.]
CHAPTER 22.
ORDER APPOINTING A COMMITTEE TO PROCURE, FORTHWITH, A SUIT-
ABLE VESSEL TO SEND EXPRESS TO THE QUEEN, TO REPRESENT
THE DISTRESSED STATE OF THE PROVINCE, ETC.
In the House of Representatives. June 23 : 1704.
Ordered That a Suitable vessell be Taken up, and sent Expresse :
humbly to Represent to Her Majesty, the Distressed state of this her
Province. &c a
That Cap? Samuel Checkley and Josiah Wollcott EsqF be a Commit-
tee to Joine with such as the Hon b - e Board shall Appoint to Inqvire
and agree for a Suitable vessell for the s* service and Report the Same
to this Court. That the Committee forth with Proceed upon the si
affair and Dispatch it without Delay.
Sent up for Concurrence Jam! Converse Sjieaker,
Pass'd a Concurrance and John Foster and Andrew Belcher Esq™
Appoint? a Committee of the Board in that Affayre.
Die tydict. Isf Addington Secry. —
[Passed June 23.
CHAPTER 23.
ORDER APPOINTING COMMISSIONERS, UNDER THE VOTE OF JUNE 14,
TO NEGOTIATE WITH THE MAQUAS, ETC.*
Ordered That Penn Townsend and John Leverett Esq" be Commis-
sion™ for the Negotiation with the Maquas &c* [Passed June 23.
CHAPTER 24.
RESOLVE FOR ALLOWING OUT OF THE PROVINCE TREASURY THE
ADDITIONAL SUM OF THREE HUNDRED POUNDS TO COMPLETE THE
FORTIFICATIONS AT CASTLE ISLAND, ETC.
Resolved That the Sum of Three Hundred Pounds, and no more be
further allowed out of the Publick Treasury to finish the works at the
Castle.
That the long room for Lodgings be in the first place finished, and
the remainder of the S? sum Improved to finish those works which are
of most necessity, in the abovementioned Computation.
That Tho. Brattle Esq!" & Cap* Timothy Clarke be Impowered to Re-
ceive and Lay out the S 1 ? Sum accordingly ; and Proceed to no other
works than what are abovesaid without order from this Court.
[Approved June 24.
* See chapters 5 and 8, ante.
[1st Sess.] Province Laws (Resolves etc.). — 1704-5. 73
CHAPTER 25.
ORDER, DIRECTING THE COMMISSARY-GENERAL TO SUPPLY THE
FRENCH PRISONERS OF WAR IN BOSTON JAIL WITH CLOTHING*
Ordered, That the commissary-general do forthwith and immedi-
ately supply the French prisoners of war now in the goal, each with a
shirt and pair of canvas breeches. [Passed June 24.
CHAPTER 26.
REPORT OF THE COMMITTEE APPOINTED BY THE ORDER OF JUNE 23-f
TO PROCURE A SUITABLE VESSEL TO DESPATCH TO THE QUEEN.
The committee appointed to agree for a suitable vessel to be sent
express for England reported, —
the Comitte. are humbly of Opinion that Its adviseable to purchas a
Bark of about. 40. tonus belonging to M* More w c ? may be purchased
for: 130. Or. 140. pounds. w c i wee Judge will Suit the Occasion & is
much Cheaper then any oth- we haue been treating with.
John Foster $> order and in behalf of the Comittee —
June. 27 th 1704: — Read and Accepted. And the Gent" desired to
pursue it.
Sent down for concurrence. = Is A : Addington Secry. —
Die qpdict. Read In the House of Representatives. & Pass'd a Con-
currence [Passed June 27.
CHAPTER 27.
ORDER REFERRING TO THE NEXT SESSION OF THE GENERAL COURT
THE PETITION OF JOSEPH HILL, ATTORNEY TO ANTHONY PENN,
HEIR-AT-LAW OF WILLIAM PENN, LATE OF BRAINTREE, DECEASED,
FOR THE REVIVAL OF SEVERAL ACTIONS BROUGHT BY SAID HILL,
IN THE SUPERIOR COURT OF JUDICATURE, AGAINST THOMAS FRENCH
AND OTHERS; AND FOR NOTIFYING THE ADVERSE PARTIES, ETC.
A petition of Joseph Hill, attorney to Anthony Penn of Broming-
ham, heir-at-law to William Penn, late of Braintrey, dec d- , praying an
act of this court for the revival of several actions brought by him on
behalf of the said Anthony Penn, late in the superiour court of judica-
ture, against Thomas French, Samuel French and John Bowditch, was
sent up from the representatives with the order of that house thereon ;
viz., —
Ordered That the Petition abovewritten be referred to further Con-
* It is not certain that this order was concurred in by the Honse ; but since it is on record,
without anything in the archives to make it clear that it was merely an executive order,
as it properly should have been, it is here included with other legislative proceedings which
received the concurrence of both branches.
t See chapter 22, ante.
74 Province Laws {Resolves etc.). — 1704-5. [Chaps. 28-31.]
sideration, at the Second Wednesday of the next Session of this Court,
and That Thomas ffrench, Samuel ffrench, and John Bowdidge, be in
the mean time Notified of the Said Petition. [Concurred in by the
Council, and approved June 28.
CHAPTER 28.
ORDER, FOR REGULATING THE GRANTING OF DEBENTURES, ETC., BY
MILITARY OFFICERS, ETC. [Approved June 29.
[Printed in the postscript to vol. I., of the Province Laws, page 901. ,]
CHAPTER 2 9.
ORDER FOR PRINTING WITH THE ACT FOR PUNISHING OFFICERS OR
SOLDIERS, ETC., THE ORDER OF JUNE 22, RELATING TO THE AC-
COUNTS OF BILLETING,* AND THE ORDER OF JUNE 29, RELATING
TO DEBENTURES.! [Approved June 29.
[Printed in the note to the act of September 9, 11 '03-4. ,]
CHAPTER 30.
RESOLVE FOR PAYING NINETY-FOUR POUNDS SIX SHILLINGS AND
SEVENPENCE TO JAMES RUSSELL, TO DISCHARGE HIS ACCOUNT
AS COMMISSIONER OF IMPOST.
An accompt of James Russell, Esq r- , commissioner of impost, with a
resolve of the house of represent™ - pass'd thereon, sent up ; viz., —
Resolved, That the sum of ninety-four pounds six shillings and
sevenpence be paid out of the publick treasury to James Russell, Esq r- ,
to discharge the above-mention'd accompt. [Concurred in by the
Council, and approved June 29.
CHAPTER 31.
RESOLVE FOR ABATING THE EXCISE DUE BY JAMES RUSSELL AS A
RETAILER OF STRONG DRINK, AND FOR ALLOWING AND PAYING
HIM FORTY POUNDS SIXTEEN SHILLINGS AND EIGHTPENCE FOR
HIS SERVICES AS COMMISSIONER OF THE IMPOST TO JUNE 23, 1704.
A petition of James Russell, Esq' - , commiss 1- of impost, with a
resolve thereupon, pass'd by the house of representatives, sent up ;
viz., —
Resolved That the sum of forty shillings which the Petitioner is
* Chapter 18, ante.
t Chapter 28, ante.
[1st Sess.] Province Laws {Resolves etc.). — 1704-5. 75
oblig'd to Pay for his Licence to Retaile Strong Drink be Abated to
him. And That the Sum of Forty Pounds, Sixteen shillings, and
eight pence, be Allowed, and Paid out of the publick Treasury to the
Petitioner in full for his Service as Comiss? of Impost, untill the
23? Day of the present month. [Concurred in by the Council, and
approved June 29.
CHAPTER 32.
RESOLVE FOR ALLOWING AND PAYING ONE HUNDRED AND TWENTY
POUNDS TO THOMAS POVEY FOR HIS SERVICES AS COMMANDER
OF THE CASTLE DURING THE CURRENT YEAR, BEGINNING JUNE
10, 1704.
Resolved — That the Sum of Six score Pounds be allowed, and
Paid, out of the publick Treasury to the Hon b ! e Thomas Povey Esq'
Coihand? of Her Maj fi f? Castle at Castle Island, for the Year Currant
beginning the tenth day of the present month. Provided that he be
upon the place at least three daies in a week, and as 'oft else, as ex-
traordinary occasions, call for him, except in Case of Sicknesse, or
something extraordinary may happen, or such time in the winter, as
he may obtain leave for, from the Captain Generall or Commander
in chief for the time being. [Approved June 30.
CHAPTER 33.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS, EACH, TO
SAMUEL SEWALL, JOHN HATHORNE, JOHN WALLEY AND JOHN
LEVERETT, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR
SERVICES DURING THE YEAR ENDING JULY 10, 1704.
Resolved — That there be Allowed and Paid out of the publick
Treasury to the Hon!il e Sam? Sewall, John Hathorne, John Walley and
John Leverett Esq? Judges of the Super' Court to each of them, the
Summ of Forty Pounds, for their Service the Year currant expiring
the tenth day of July next. [Approved June 30.
CHAPTER 34.
RESOLVE FOR ALLOWING AND PAYING FOURTEEN POUNDS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, IN PART,
FOR HIS SERVICES DURING THE CURRENT YEAR.
Resolved, That the sum of fourteen pounds be allowed and paid out
of the publick treasury to M r - John White, clerk of this house, in part
for his service the year currant. [Concurred in by the Council, and
approved June 30.
76 Province Laws {Resolves etc.). — 1704-5. [Chaps. 35-38. J
CHAPTER 35.
VOTE FOR PAYING THE EXPENSES OF THE COMMISSIONERS APPOINTED
JUNE 23* TO NEGOTIATE A TREATY WITH THE MAQUAS, ETC, AND
FOR ALLOWING EACH OF THEM FORTY POUNDS FOR THEIR SERVICES.
In Council. June ult. 1704.
Proposed, That the Commission" for Albany have their Expence
born, and Fifty pounds Advanced towards it.
That they be paid Each Forty pounds. [Fifty pounds]^ for their Ser-
vice. —
In the House of Representatives June ult 1704 Read, and agreed
w th the Amendm? annex'df
Nehemiah Jewett Speaker <gj Tempore
Die tydict. Agreed to : Is^- Addington Secry
[Approved June 30.
CHAPTER 36.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS TO CAPTAIN
ZECHARIAH TUTHILL, LIEUTENANT OF THE CASTLE, FOR HIS SER-
VICES DURING THE CURRENT YEAR.
Resolved — That the Summ of Forty Pounds be Allowed, aud Paid
out of the publick Treasury unto Capi Zechariah Tuthill, Lieutenant of
the Castle for his Service the Year currant, beginning from the Date of
his Commission. [Approved June 30.
CHAPTER 37.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO JAMES
MAXWELL FOR HIS SERVICES AS DOORKEEPER TO THE GOVERNOR
AND GENERAL COURT, FOR ONE YEAR, ENDING JUNE 8, 1704.
Resolved, That the sum of thirty pounds be allowed and paid out of
the publick treasury to M r - James Maxwell, doorkeeper to his excy the
govern'- and this court, for his service the year past, ending the eighth
day of this present month. [Approved June 30.
CHAPTER 38.
RESOLVE FOR PRINTING AND EMITTING FIVE THOUSAND POUNDS IN
BILLS OF PUBLIC CREDIT, AND FOR GRANTING A TAX OF TEN THOU-
SAND POUNDS. [Approved June 30.
[Printed in the notes to the acts of the year 1704-5.]
* Chapter 23, ante.
f The amendment was the substitution of the words " forty pounds " for " fifty pounds "
In the second paragraph.
[1st Sess.] Province Laws {Resolves etc.). — 1704-5. 77
CHAPTER 39.
ORDER APPOINTING A COMMITTEE TO PROCURE A SUITABLE VESSEL
TO SEND EXPRESS TO ENGLAND, ETC.
In the House of Representatives — June ult : 1 704
Ordered — That Mf Thomas Oakes Cap? Samuel Checkley, & Capi
Ephraim Savage, be a Comittee in the absence of this Court to Joine
with Such as the Hon b - e Board shall Appoint in Taking up a suitable
vessel! to Send Expresse for England
And also to do what Shall be thought most profitable for the Publick
either in Lading or not Lading the s- vessell at the publick charge.
Sent up for Concurrence. Nehemiah Jewett. speaker $> Tempore
In Council. June ult. Read and concurr'd
1st Addington Secry. —
pr°- July*. 1704. John Foster and Andrew Belcher Esq- named by the
Council a Committee of the Board for the Affayr aboves^ -^-
Is* Addington Secry. —
[Approved June 30.*
CHAPTER 40.
ORDER FOR APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT
OF AN ADDRESS AND MEMORIAL TO THE QUEEN, ETC.
Ordered — That an Addresse and Memorial! be Sent in the Name of
this Court to her Maj'f by the Expresse ordered humbly Representing
the present state of this Province, and Praying her Majesty's Royall
favour, & Bounty in Such articles as shall be thought proper.
That Mf Speaker Converse, Mf Thomas Oakes, Capi Sam 1 ^ Checkley,
Cap-' Ephraim Savage, and John White, be a Comittee in the absence
of this Court, to Joine with Such as the Honb le Board shall Appoint,
in Preparing such an Addresse, and Memoriall, which when agreed
upon, are to be signed by the Speaker in the name of this House.
Sent up for Concurrence. Nehemiah Jewett. speaker <p Tempore
In Council. June. ult. 1704. Read and Concurr'd.
Is* Addington, Secry. —
Committee of the Council. —
John Foster— ) E
Andrew Belcher J 4
& the Secretary. — [Approved June 30.
*The date of approval of this order is here given as of the last day of the session,
which, on the thirtieth of June, was prorogued to the sixteenth of August. The Governor
did not affix his signature to the order, although the Secretary in his record makes it
appear that he did so. The members of the committee, on the part of the Council, were
nominated in executive session on the first day of July, as appears by the following entry
under that date : —
" Pursuant to a vote of the assembly nameing a comittee of their members to joyne
with a committee of the board to transact the affair of takeing up and dispatching a suta-
ble vessel express to her majesty,
Ordered, That John Foster and Andrew Belcher, Esq"-, do joyne the committee of the
assembly for that affair and sit de diem in diem." — Executive Records of the Council, vol.
4, p. 34.
78 Province Laws (Resolves etc.). — 1704-5. [Chaps. 41, 42.]
RESOLVES, VOTE, ORDER, ETC.
Passed at the Session begun and held at Boston,
on the Sixteenth day of August, A.D. 1704.
CHAPTEK 41.
RESOLVE FOR EMITTING SEVEN THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT. [Approved August 17.
[Printed in the notes to the acts of the year 1704-5. ]
CHAPTER 42.
REPORT OF THE SECOND COMMITTEE APPOINTED* TO PROCURE A
SUITABLE VESSEL TO SEND EXPRESS TO ENGLAND, ETC., AND THE
VOTE ACCEPTING THEREOF.
Pursuant to an Order of the Gen" Assembly in June last, appoint-
ing us a Committee in their absence, to take up a suitable vessell to
send Expresse for England
And also to do what should be thought most profitable for the Pub-
lick, either in Lading or not Lading the si vessell at the publick
charge.
Upon the 4* day of July we Took up for the S? Service, a new Sloop
called the Sea-flower, owned by Andrew Belcher Esq? & John Welch
the present master of the s^ sloop, She is well built for sailing,
having Six Guns mounted, & compleatly fitted for the sea.
"We have shipped on Board the s 1 ? Sloop upon the proper Ace? &
Risque of the Provinces, such a Cargo, as we thought would be most
profitable, which with the victualling of the s? sloop amounts to the
sum of £,,410,, 15,, .3. And have agreed with the s? Owners, to Pay thirty
Pounds p month during the voyage, for the Hire of the s 1 ? Sloop, and
in Case of her being Taken by the Enemy her prime Cost viz?
£ (/ 580 (/ .2 i( .6 — is to be made good to the Owners by the Publick Cap'
Nathan 1 ' Carey, is App 1 ? 11 by his Excellency the Governour, & Coun-
cill, to manage the affair upon which s 1 ? vessell is sent, and to Dispose
of the sf Cargo to the best advantage, who is to have his wages untill
his Return, altho : he should be taken, viz! eight Pounds p month
The Master, and Sailers are to have the wages usually given, in
Merchants Imploiment.
Boston y! 18 th day of July 1704
Thomas Oakes John Foster
Sam 1 : 1 - Checkley And? Belcher
Ephraim Savage
Read and Accepted [Approved August 18.
* Chapter 39, ante.
[2d Sess.] Province Laws {Resolves etc.). — 1704-5. 79
CHAPTER 43.
VOTE ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED TO
AUDIT THE ACCOUNTS OF ANDREW BELCHER, COMMISSARY-GENERAL,
AND DECLARING THAT THE BALANCE DUE TO HIM IS EIGHT HUN-
DRED SIXTY-FIVE POUNDS TWELVE SHILLINGS AND SIXPENCE.
John Wallet, Esq 1 -, and Cpt. Samuel Checkley, appointed an
audit to examine the accompts of Andrew Belcher, Esq 1 "-, commissary-
general, reported upon the said accompts, beginning the 30 th of Octo-
ber, 1703, including an article of eighteen hundred and twenty-five
pounds eighteen shillings and eleven pence, the ballance of his former
accompt, and carried down to the 31 st of July past, amounting in the
whole to the sum of ten thousand seven hundred and eleven pounds
three shillings, that there is due to the said Andrew Belcher for
ballance on the said 31 st of July, the sum of two thousand eight hun-
dred sixty-five pounds twelve shillings and sixpence ; w ch - report was
read and, —
Voted an acceptance, and a warrant having since issued to the
treasury for payment of two thousand pounds to the said Andrew
Belcher, Esq r -, there rests due to him for ballance to the said 31 st of
July, only eight hundred sixty-five pounds twelve shillings and six-
pence. [Approved August 18.
CHAPTER 44.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
ANDREW BELCHER FOR HIS SERVICES AS COMMISSARY -GENERAL
DURING THE YEAR PAST.
Resolved — That the Sum. of Two Hundred Pounds be Allowed and
Paid out of the Publick Treasury to Andrew Belcher Esq^ Comissary
Generall for his good service in the s? office the year past. [Approved
August 19.
CHAPTER 45.
RESOLVE FOR ALLOWING COMPENSATION TO THE COMMITTEE AP-
POINTED TO SUPERINTEND THE PRINTING OF THE BILLS OF
PUBLIC CREDIT.
Resolved — That a Compensation be Given to the Committee ap-
pointed to make and Imprint Credit Bills, proportionable to what
Trouble they are at more in Printing the last five Thousand Pounds of
si Bills by reason of a greater Proportion of small Bills than was
Ordered to be in the last Ten Thousand Pounds of s? Bills which they
made. [Approved August 19.
§0 Province Laws {Resolves etc. ) . — 1704-5. [Chap. 46.]
CHAPTER 46.
ORDER FOR ALLOWING THIRTY -SIX POUNDS NINETEEN SHILLINGS
AND FOURPENCE FOR PAPER AND OTHER MATERIALS USED IN
PRINTING THIRTY-ONE HUNDRED SHEETS OF THE BILLS OF PUB-
LIC CREDIT.
An accompt of the charge for paper and other materials, and for the
printing of three thousand and one hundred sheets of the bills of credit
the last spring, amounting to thirty-six pounds nineteen shillings and
fourpence, sign'd by James Russell, Esq r -, for the committee, was sent
up from the representatives with the order of that house thereupon ;
viz'-, —
Ordered, That the above accompts be allowed and pass'd. [Con-
curred in by the Council, and approved August 19.
[3d Sess.] Province Laws {Resolves etc.) . — 1704-5. 81
ORDERS, RESOLVES AND VOTES
Passed at the Session begun and held at Boston,
on the Twenty-fifth day of October, A. D. 1704.
CHAPTEE 47.
ORDER FOR ADJUSTING THE ACCOUNTS OF EXPENSES ATTENDING
THE CAPTURE, TRIAL, ETC., OF THE PIRATES, CAPTAIN QUELCH
AND COMPANY, AND SECURING THEIR TREASURE*
Ordered, That the accompts of the charge arising for the seizing and
securing Cpt. Quelch and company for committing of felony and
piracy, with their treasure, and upon their tryal and condemnation, be
adjusted and stated upon the first of November next. [Passed Octo-
ber 26.
CHAPTER 48.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY FOUR POUNDS, EACH, TO JOHN SHEPLEY AND SAMUEL
BUTTERFIELD, IN FULL, FOR THE SCALP OF AN INDIAN KILLED
BY THEM AT GROTON IN THE SUMMER OF 1704.
Resolved, That there be allow'd and paid out of the publick treasury
to John Shipley of Groton, and Samuel Butterfield, the sum of four
pounds, each, for the scalp of one of the Indian enemy, being a man
by them kill'd at Groton aforesaid in the summer past, and that no
other or further sum be allowed for killing the said Indian. [Ap-
proved October 27.
CHAPTER 49.
RESOLVE FOR ALLOWING AND PAYING SIXTY POUNDS OUT OF THE
PROVINCE TREASURY TO JAMES TAYLOR FOR TWO MORTARS AND
TWENTY-ONE SHELLS PURCHASED OF HIM FOR THE USE OF THE
PROVINCES
Resolved That the Sum of Sixty Pounds be Allowed & Paid out of
the publick Treasury to M? Jam? Taylor Treasurer for Two Mortar
Pieces and Twenty one shells bought of him by a Committee of this
Court for the use of this Province. [Approved October 28.
* It is not certain that this was the act of both branches ; but, on the other hand, noth-
ing has been found in the archives or the records to show that it was solely the order of
the Council. The adjustment was made by the Council in executive session ; but the Gov-
ernor gave to the representatives an account of the proceedings against the pirates, and
both branches joined in the address to the queen accompanying a copy of this account
sent home to be passed upon by the Privy Council.
t See order, 1703-4, chapter 123, and note.
82 Province Laws (Resolves etc.). — 1704-5. [Chaps. 50-52.]
CHAPTEE 50.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS OF TRADE WITH THE EASTERN INDIANS, FROM MAY 26,
1703, TO OCTOBER 23, 1704.
M* James Taylor his Acco' 8 of the Trade to the Eastern Indians.
Begining the 26 th of May 1703 & continueing unto the 23 t - h Octob?
1704 amounting unto the sum of fourteen hundred Sixty Six Pounds
ninteen Shillings haveing been presented and laid before the house of
Representitives and inspected by s* house. By which it appeares that
y e Ballance of s 1 ? A ccompt. is Ten hundred Pounds Stock remayning
in said Taylors hands. —
Voted. In the House of Representitives that y e s* Accompt is
Allowed and approved of. and that the said Ballance or Stock remayn-
ing in s*? Taylor's hands bee transmited unto the Credditt of the Prov-
ince Accompt [Concurred in by the Council, and approved October 28.
CHAPTER 51.
ORDER DIRECTING THE TREASURER TO PAY TWO POUNDS ELEVEN
SHILLINGS AND FIVEPENCE OUT OF THE PROVINCE TREASURY TO
CAPTAIN GEORGE TURFREY, BEING THE AMOUNT OF A DEBENTURE
ISSUED TO WILLIAM LUCAS, NOW A CAPTIVE AMONG THE INDIANS,
FOR HIS WAGES WHILE HE WAS IN THE SERVICE, ETC.
Ordered That The Treasurer be Directed to Pay to Cap. 4 George
Turfrey or order the sum of Two Pounds eleven shillings & fivepence,
the sum due to Willi? Lucus, by a Debentur Dated May lO 1 ? 1 1704 for
the time he was in the Service under D John Wyatt, It appearing that
he had Taken up to that value in clothing of s? Turfrey, & was since
carried captive by the Indian Enemy, & not yet Returnd. [Approved
October 31 .
CHAPTER 52.
ORDER AUTHORIZING THEODOSIA CLARKE OF BOSTON, A MINOR,
WITH THE ADVICE AND CONSENT OF HER MOTHER, TO CONVEY
HER INTEREST IN A CERTAIN MESSUAGE IN BOSTON WHICH SHE
INHERITED, AS COPARCENER, FROM HER GRANDFATHER, THOMAS
CLARKE, DECEASED.*
Upon reading the petition of Theodosia Clark, one of the daughters
and co-heirs of Thomas Clark, late of Boston, mariner, dec d- , setting
forth that her sister Hannah, wife of John Maudesley, and herself, are
entituled as coparceners in right of their father, to one third part of a
certain messuage or tenement scituate in Boston, parcel of the estate
• See the private act of June 12, 1712, vol. VI., number 29.
[3d Sess.] Province Laws (Resolves etc.). — 1704-5. 83
of their grandfather, Thomas Clark, sometime of Boston, shopkeeper,
dec d- , and both of them being desireous to dispose and make sale of
their interest therein, for their better improvement and advantage, and
having now an opportunity for the same, the petitioner being but nine-
teen years old, praying that she may be enabled by a special act or
order of this court to join with her said sister in making sale of the
premisses, and in due manner to execute a deed for the conveyance
thereof, with the advice and approbation of her mother, M rs - Judith
Clark, —
Ordered That the Petitioner Theodosia Clarke be enabled by and
with the Advice and Consent of her mother Judith Clarke, to Execute a
good and sufficient Instrument in the Law, as if She were of full age,
for alienating of her Interest in the within mentioned messuage or
Tenement ; The other Partner haveing the Pre Emption. — [Approved
November 1.
CHAPTER 53.
RESOLVE FOR ALLOWING AND PAYING TWENTY-ONE POUNDS OUT
OF THE PROVINCE TREASURY TO CALEB LYMAN OF NORTHAMPTON,
FOR KILLING SEVEN OF THE INDIAN ENEMY AND BRINGING IN
SIX OF THEIR SCALPS.
A petition of Caleb Lyman of Northampton, sent up from the
representatives, setting forth that himself, with five friend Indians,
being sent forth into the wilderness on discovery of and to do execu-
tion upon the enemy, slew seven of the Indian enemy and brought in
six of their scalps, praying a reward for their good service, with the
resolve of that house thereon ; viz., —
Resolved Inasmuch as no Law Provides a Suitable Reward for the
service of the Petitioner yet for the Encouragem! of the Petitioner and
others to Enterprise the like undertaking
That the sum of Twenty one Pounds be allowed & Paid out of the
publick Treasury to the Petitioner [Concurred in by the Council, and
approved November 1 .
CHAPTER 54.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL PARTRIDGE TO REIMBURSE HIM
THE AMOUNT HE PAID TO FIVE INDIANS WHO ASSISTED CALEB
LYMAN IN KILLING SIX OF THE INDIAN ENEMY.
Resolved — That the Sum of Ten Pounds be Allowed, and Paid out
of the publick -Treasury to the Hon b ? e Sam? Partridge Esq? to Reim-
burse him, that Sum which he gave to five Indians, that assisted Caleb
Liman in killing six of the Indian Enemy. [Approved November 1.
84 Province Laws {Resolves etc.). — 1704-5. [Chaps. 55, 56.]
CHAPTEE 55.
RESOLVE FOR SENDING A CHAPLAIN TO THE TOWN AND GARRISON AT
DEERFIELD, AND FOR ALLOWING HIM TWENTY POUNDS OUT OF
THE PROVINCE TREASURY FOR HIS SERVICES FOR SIX MONTHS.
Oct? ult. 1704. In Council.
Resolved, That there be a Chaplain sent to the Town and Garison
at Deerfleld; And that the Sum of [Twenty]* pounds be allowed him
out of the Publick Treasury for his Service there for Six months next
comeing.
Sent down for concurrance and the Sum to be incerted.* —
1st Addington Secry. —
In the House of Representatives Novf 1™° 1704
Read, and Concurr'd Jam? Converse Speaker —
[Approved November 1 .
CHAPTER 56.
ORDER AUTHORIZING ELIHU WARDALL AND SARAH, HIS WIFE. TO
SELL CERTAIN REAL ESTATE IN BOSTON DEVISED TO SAID SARAH,
IN TAIL, ETC., BY HER GRANDFATHER, NATHANIEL ADAMS, LATE
OF SAID BOSTON, DECEASED, AND TO REINVEST THE PROCEEDS, ETC.
A petition of Elishaf Wardel and Sarah, his wife, for liberty to sell a
house and land was read, setting forth that Nathaniel Adams, late of
Boston, turner, dec d- , in and by his last will, bearing date the fourteenth
of July, 1675, among other things did give and devise unto the said
Sarah, his grandchild, a certain house and land scituate at the northerly
end of Boston, and to the heirs of her body lawfully begotten, and for
default of such issue, then he gives the premisses to another of his
grandchildren, viz., David Adams, and his heirs forever, w ch- said David
Adams is since dec d - and has left no issue, and the said Sarah hath
already one child of her body lawfully begotten and is in hopes of hav-
ing many more, whereby a legal title to the sajd house and land is
vested in the petitioners by virtue of the said will, which is become
ruinous and out of repair and they by no means capable to repair the
same, and are now offered a good price for the same, as will enable
them to purchase something more advantageous for themselves and
children, praying to be enabled to make sale of the premisses accord-
ingly, David Adams, father of the said Sarah, also signing the said
petition in manifestation of his consent, —
Ordered, That the Petitioners be Impowred to make Sale of the
House and Land as is within prayed, The produce thereof being vested
in some other real Estate within the Town of Boston, or some other
Town in the County of Suffolk to the Satisfaction of the Justices of
the Superiour Court under the same Taile. [Approved November 1.
* The word " twenty," put in brackets, was inserted by the House in accordance with
the above vote of the Council.
f The petitioner signs his name " Elihu," as in the title, and so it appears in the record
of the conveyance under this chapter, and in the copy of the order recorded therewith.
[3d Sess.] Pkovince Laws {Resolves etc.). — 1704-5. 85
CHAPTER 57.
ORDER GRANTING A NEW TRIAL OF THE ACTION OF NATHANIEL
SILLSBEE,* ETAL., VERSUS JAMES MEINZIES, IN THE INFERIOR COURT
OF COMMON PLEAS FOR THE COUNTY OF ESSEX, REMANDED TO SAID
COURT BY THE SUPERIOR COURT OF JUDICATURE, UPON APPEAL.
Upon heading a petition of Nathaniel Sylsby and Joseph Neale of
Salem, with the order thereon, pass'd in the house of represent' 63 - and
sent up, the petition setting forth that at the inferiour court of common
pleas for the county of Essex, holden in March last, they brought their
action of debt against James Menzies of Salem, gent., and were non-
suit, from which judgment they appealed to the superiour court, and
there the judgment was reversed, and the cause sent back to the
inferiour court, where they made a new entry, and the cause was con-
tinued by the court with consent of both parties to the next inferiour
court, where the plaintiffs appeared to prosecute, but the court enter'd
up judgment to dismiss the cause, for that it was a continued action,
praying to be releived and that their cause may be tried, —
Ordered That the Praier of this Petition be Granted, and the Cause
therein set forth be at the next Inferiour Court of Comon Pleas held
for the County of Essex brought to an Issuable Plea and Tryall, and
that the writts, and Processe relating thereto be Revived, & Continued
in order to s*? Triall at the s* Court.
That M? Minzies have sumons left to answer and That all former
Costs shall be Determined according to the Judgment of s3. Court
[Concurred in by the Council, and approved November 3.
CHAPTER 58.
RESOLVE FOR PAYING FIVE POUNDS AND NINEf SHILLINGS OUT OF
THE PROVINCE TREASURY TO JOHN CHANDLER OF ANDOVER, TO
BE BY HIM PAID TO SUNDRY PERSONS FOR SNOW-SHOES, ETC.
v
Resolved — That the sum of five Pounds and nine Shillings be paid out
of the publick Treasury to Mf John Chandler, to be paid to the severall
Persons respectively as it is due for the Snow shoes mentioned on the
other side & for Collecting of them [Approved November 3.
CHAPTER 59.
RESOLVE FOR PAYING TWO POUNDS FIVE SHILLINGS AND SIX-
PENCE OUT OF THE PROVINCE TREASURY TO JOHN CHANDLER
OF ANDOVER, TO BE BY HIM PAID TO SUNDRY PERSONS FOR
SNOW-SHOES, ETC.
Resolved That the sum of Two pounds five shillings & six pence be
paid out of the publick Treasury to M r John Chandler, to be by him
paid to the severall persons respectively, as it is due for the Snow-
Shoes within mentioned and the Collecting of them [Approved No-
vember 3.
* This name is printed as the petitioner wrote it.
t Both copies of the legislative records make this " nineteen ; " but the executive war-
rant agrees with the original resolve as here printed.
86 Province Laws (Besolves etc. ) . — 1704-5. [Chaps. 60-62.]
CHAPTER 60.
RESOLVE FOR PAYING CAPTAIN JOHN HARRADEN, AND HIS LIEU-
TENANT, ACCORDING TO THE ESTABLISHMENT OF OFFICERS'
WAGES, FOR THE TIME THEY WERE IN SERVICE UNDER COLONEL
CHURCH, ETC.
Resolved — That Cap- Harraden and his Lieut? be Paid according to
the Establishment Captains, & Lieutenants wages for the time they
were in the Service under Col? Church, notwithstanding their Company
did not Consist of forty men, [Approved November 3.
CHAPTER 61.
ORDER FOR ALLOWING AND PAYING TWENTY-FOUR POUNDS OUT OF
THE PROVINCE TREASURY TO JONATHAN TYNG OF DUNSTABLE,
TO ENABLE HIM TO PAY THE WAGES OF THE WORKMEN EM-
PLOYED BY HIM TO BUILD FOUR BLOCK-HOUSES ON MERRIMAC
RIVER, ETC.
Ordered, That there be allowed and paid out of the publick treasury
to Jonathan Tyng, Esq 1 -, the summ of twenty-four pounds to enable him
to satisfy the workmen for building of four block-houses on Merrimack
River, pursuant to an order of his excellency, for which he stands en-
gaged. [Approved November 3.
CHAPTER 62.
ORDER APPOINTING A HEARING ON THE PETITION OF JOSEPH HILL,
ATTORNEY FOR ANTHONY PENN, ETC., AND DIRECTING HIM TO
FILE IN THE OFFICE OF THE SECRETARY OF THE PROVINCE, HIS
CHALLENGE TO THE INSTRUMENT PURPORTING TO BE THE LAST
WILL AND TESTAMENT OF WILLIAM PENN, AND THAT FRENCH
AND OTHERS, WHO CLAIM UNDER SAID INSTRUMENT, HAVE A COPY
OF THE CHALLENGE.
Upon opening of the matter contained in a petition prefer'd by
Joseph Hill, attorney to Anthony Penn, refering to trials at law for-
merly had between him and Thomas and Samuel French and John
Bowditch, about lands to which they pretend to derive a title by vertue
of the last will of William Penn, upon record in the office of probate,
the said Joseph Hill alledging the said will to be forged, —
Ordered, That the said Hill do forthwith put in his challenge to the
said will into the secretarie's office, and that the French's,* and others
who hold by the said will, have a copy thereof, and that the same be
heard on Friday, the tenth instant. [Approved November 3.
* Sic.
[3x> Sess.] Province Laws {Resolves etc.) . — 1704-5. 87
CHAPTEE 63.
I
ORDER AUTHORIZING THE JUSTICES OF THE COURT OF SESSIONS IN
SUFFOLK COUNTY TO LICENSE NICHOLAS BOONE TO KEEP A COFFEE-
HOUSE IN BOSTON.
A petition of Nicholas Boon of Boston, bookseller, was read, set-
ting forth that he has taken the house next door to the post-office in
Boston, where the widow Campbel late kept a coffee-house, and had
licence to sell coffee, tea, chocolate, beer, ale, cyder, mead, mum,
and other such drink as are usually sold in such houses, and sev-
eral gentlemen and merchants finding such an house needful near
the post-office, and the petitioner praying that, forasmuch as the court
is over for granting of licences for the present year, the justices of the
court of general sessions of the peace may be allowed for this time to
grant him a licence for the remainder of the year, —
Ordered That the Prayer herein made be Granted, viz? That the Jus-
tices of the Court of General Sessions of the Peace for Suffolk be
allowed for this time to grant the Pet' a Licence for the remainder of
the present year. [Approved November 3.
CHAPTER 64.
ORDER AUTHORIZING SAMUEL PARTRIDGE AND ELEAZAR FRARY,
ADMINISTRATORS OF THE ESTATE OF SAMUEL GRAVES, LATE OF
HATFIELD, DECEASED, TO SELL REAL ESTATE OF SAID DECEASED
FOR THE PAYMENT OF DEBTS INCURRED BY THEM ON ACCOUNT
OF SAMUEL, THE ELDEST SON OF SAID DECEASED, A MINOR.
Upon reading a petition of Samuel Patridge, Esq r -, setting forth
that himself and Eleazer Frarey, being administrators of the estate of
Samuel Graves, late of Hatfield, dec d -, who left three sons and a con-
siderable estate in lands, the moveables being disposed of for pay-
ment of debts, Samuel, the eldest son, fell lame and became very
chargeable for his keeping and chirurgeons that attended him in hopes
of cure, the debt amounting to forty-four pounds fourteen shil-
lings and fourpence, including some other small debts yet to pay, the
said Samuel died under age, there having been no division made of the
lands, a right to one-half whereof acrued to him upon his father's
death, and praying that an order may be granted by this court for
sale of so much of the said land as may pay the debt, —
Ordered That the Lands be charged with payment of the Debt
withinmentioned And that the Administ 1 - 3 or the Survivour of them be
and hereby are appointed and Impowred to Sell so much of the s*
Lands as will amount to paym- of the said Debt, And to Execute a
good Convayance in the Law for the same — [Approved November 8.
88 Province Laws (Resolves etc.) . — 1704-5. [Chaps. 65, 66.]
CHAPTEK 65.
I
ORDER APPOINTING A COMMITTEE TO CONSIDER THE PARAGRAPH
OF THE GOVERNOR'S SPEECH REFERRING TO THE DISPOSAL OF
THE PROVINCE GALLEY, ETC., AND TO REPORT THEREON.
Ordered, That John Phillips, John Foster, Andrew Belcher and
Samuel Legg, Esq™ - , be a committee of this board to join with such as
shall be named by the house of representatives, to consider of that
part of his excellency's speech refering to the disposal of the province
galley and providing another vessel of war instead thereof, and that
they make their report with what speed may be, for that the season of
the year demands it to be immediately put in execution, —
W ch - order being sent to the representatives was concur'd with by
that house, and Major Samuel Brown, M r - Isaac Woodberry, Cpt.
Samuel Checkley, Cpt. Thomas Oliver and M r - Joseph Sherman, named
a committee to join in that affair. [Passed November 8.
CHAPTER 66.
RESOLVE DIRECTING PELATIAH WHITTEMORE, COMMISSARY, TO GIVE
CREDIT TO LEWIS BANE FOR KNAPSACKS AND MOCCASINS USED BY
THE COMPANY UNDER HIS COMMAND, AND CHARGED TO HIS AC-
COUNT, AND FOR ALLOWING AND PAYING TWENTY SHILLINGS TO
SAID BANE FOR HIS SERVICES AS POST-RIDER AND FOR A SADDLE
LOST IN THE SERVICE.
A petition of Lewis Bane, setting forth that upon his going forth
against the enemy the last winter with a company of voluntiers, he
was necessitated for the furnishing of his men to take up of the com-
missary twelve snapsacks and twelve pair of rnoggasons, which he
stands charged with, and also that he rode post from York to Newich
awannock, where his horse and saddle were impress'd for the service
and his saddle was lost, of the value of about sixteen shillings, praying
to be acquitted from the said charge and to be allowed for his service
and saddle, with the resolve of the house of represent* 68, thereupon,
were severally read and agreed to ; viz . , —
Resolved, That the Praier of the within Petition be Granted, and Mf
Commissary Whittemore be Directed to Give the Petitioner Credit by
the Province the value of the s- Snapsacks, and mawgissons and that
the Sum of Twenty Shillings be Allowed and Paid out of the publick
Treasury to Lewis Bane the Petitioner, for his Service as Post, and
his Saddle lost in the service [Approved November 8.
[3d Sbss.J Province Laws {Resolves etc.). — 1704-5. 89
CHAPTER 67.
ORDER AUTHORIZING RICHARD TOWT* OF BOSTON TO SELL CERTAIN
REAL ESTATE, WHICH HE CONVEYED IN TRUST TO HIS SON
RICHARD, SINCE DECEASED.
Upon reading a petition of Richard Fowle of Boston, setting forth
that he made a deed of gift of a house and land at the north end of
Boston unto his son, Richard Fowle, dated the fifth of April, 1690,
upon special trust and confidence that his sons, Richard, Benjamin and
John, might not be defrauded by their mother-in-law, in case of her
survival, of what estate he design'd them, and that still, notwithstand-
ing, he might have full power to convey and sell the said house and
land for his support or maintenance if he should be so minded, as by
good proof will appear, and his said three children being all dead
and himself reduced to a low, indigent condition, and is eighty-five
years of age and very necessitous, and praying that he may be ena-
bled to sell the premisses for his support, —
Ordered — That The Praier of the Petition on the other Side be
Granted, and the Petitioner, be Enabled to Sell the House and Land
mentioned in the s- Petition. [Approved November 8.
CHAPTER 68.
ORDER APPOINTING A COMMITTEE TO LAY OUT THE BOUNDS OF THE
TOWN OF TISBURY, AND ALSO OF THE INDIAN TOWN OR TRACT OF
LAND WITHIN THE LIMITS OF SAID TOWN. [Approved November 8.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 69.
VOTE FOR APPOINTING A DAY OF GENERAL THANKSGIVING.
A message was sent up from the representatives to desire his excy.
and the council that a day of gen 11 - thanksgiving might be appointed,
and Thursday the twenty-third of November currant was accordingly
agreed to for that purpose. [Passed November 8.
*This name, which is clearly written "Fowle" in the records of the Council, appears as
" Toute " in Savage's Genealogical Dictionary. The spelling given above is that which ap-
pears in the body of the petition, to which he subscribed his initials, as his "mark," and
also in the record of the deed of trust referred to. See Suffolk Reg. Deeds, lib. 17, fol. 28.
90 Province Laws (Besolves etc.). — 1704-5. [Chaps. 70-72.]
CHAPTER 70.
VOTE FOR GRANTING A HEARING TO JOHN USHER ON CERTAIN ARTI-
CLES IN THE REPORT OF THE COMMITTEE UPON HIS ACCOUNTS AS
TREASURER OF THE LATE TERRITORY AND DOMINION OF NEW
ENGLAND.
A vote pass'cl in the house of representatives, upon the report of a
committee relating to the accompts.of John Usher, Esq 1- , late treas r -,
that the said M r - Usher be heard upon the articles in question on Tues-
day next, the fourteenth curr t- , was read and concur'd with. [Passed
November 9.
CHAPTER 71.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE
PROVINCE TREASURY TO CAPTAIN THOMAS HOW, TO BE EQUALLY
DISTRIBUTED AMONG THE MEMBERS OF THE COMPANY UNDER HIS
COMMAND, IN RECOGNITION OF THEIR SERVICES AGAINST THE
INDIAN ENEMY AT LANCASTER.
A petition of Cpt. Thomas How of Marlborough in behalf of him-
self and company, that issued forth to the relief of Lancaster when
insulted by the enemy in the summer past, and several of the enemy
slain by the said company, though they recovered no scalps, praying
some compensation for their service, was sent up from the representa-
tives with the resolve of that house thereon ; viz., —
Resolved That The Sum of Ten Pounds be allowed, and Paid out of
the publick Treasury to Capt? Thorn- How, to be eqvally Distributed
amongst the Petitioners, as a Token that this Court Takes notice of, &
well-accepts, their good Service, abovemention'd [Concurred in by the
Council, and approved November 10.
CHAPTER 72.
RESOLVE DIRECTING THOMAS BRATTLE TO PAY TWO POUNDS AND
SIXTEEN SHILLINGS, OUT OF THE MONEY IN HIS HANDS BELONGING
TO THE PROVINCE, TO SAMUEL BLUNT OF CHARLESTOWN FOR
TRANSPORTING BRICKS TO THE CASTLE.
A petition of Samuel Blunt of Charlestown, boatman, praying pay-
ment of two pounds sixteen shillings due to him for transporting six-
teen thousand bricks to the castle, for the use of the fortifications there,
certified by the brick-burner and Thomas Brattle, Esq r -, sent up from
the representatives with the resolve of that house thereon ; viz., —
Resolued that m r Thomas Brattle be directed to pay to y e petition 1, the
Sum of Two pounds & sixteen Shillings being due to him as abouesaid ;
he sd m r Brattle haueing moneys yet in his hands y' appertaines to y e
Province [Concurred in by the Council, and approved November 10.
£3d Sess.] Province Laws {Resolves etc.). — 1704-5. 91
CHAPTER 73.
OEDER FOR ALLOWING TO ANDREW BELCHER, COMMISSARY-GENERAL,
FURTHER TIME FOR CLAIMING AN ABATEMENT OF THE IMPOST
ON WINES IMPORTED BY HIM, THAT ARE PRICKED.
Whereas This House is Informed by the Comissary Generall, that
Some time in Aug 5 -* last, he had a vessell Arriv'd at this Port Laden
with Wines, which by reason of the Pressure of publick businesse, he
neglected to Examine, and so to Take the benefit of the law for abate-
ment of Impost in case of the breaking or Pricking of Wines, untill
the time limited for the same was lapsed.
Ordered That the s? Comissary Generall have the Benefit of the si
Law respecting wines that are prick'd for the Cargo afore mentioned,
for the Space of fourteen Daies next coming. [Concurred in by the
Council, and approved November 10.
CHAPTER 74.
ORDER FOR ABATING TO THE TOWN OF DEERFIELD SEVENTEEN
POUNDS TWO SHILLINGS AND SIXPENCE OF THE PROVINCE TAX
LAST ASSESSED UPON SAID TOWN.
A representation on behalf of the town of Deerfield, setting forth
that the said town's quota of the last tax was sixty-eight pounds teu
shillings, the first half whereof has been paid into the treasury, and
before the time for the second payment, the town was so far destroyed,
that one-half of the inhabitants that should have paid it were kill'd
and taken captive, and their estates destroyed and burnt, was sent up
from the represent™ 3- with the order of that house thereupon ; viz., —
Ordered — That halfe of the Sum above written remaining due,
viz* Seventeen pounds two shillings & Six pence, be abated to the
Town of Deerfield
And That Samuel Partridge Esq! Cap- Preserved Clapp, and Cap*
Jont Wells, be a Committee to proportion, the remaining Sum of
Seventeen Pounds and two shillings & Sixpence, in the most just &
eqvall manner they can, upon the Inhabitants of the si Town
\_Concurred in by the Council, and approved November 15.
CHAPTER 75.
RESOLVE ENTREATING THE GOVERNOR TO DEMOLISH THE FORT AT
SACO AND TO REMOVE THE ARTILLERY AND STORES TO ANOTHER
FORT TO BE ERECTED AT OR NEAR WINTER HARBOR, ALSO FOR
DISPOSING OF THE PROVINCE GALLEY AND FOR BUILDING AN-
OTHER GALLEY OR SHIP IN ITS STEAD; AND FOR ALLOWING OUT
OF THE PROVINCE TREASURY TWO HUNDRED POUNDS FOR BUILD-
ING THE NEW FORT AND TWO THOUSAND POUNDS FOR BUILDING
AND EQUIPPING SAID VESSEL.
Resolved That His Excellency be Intreated to Demolish Saco-fort,
and Erect another at or near Winter Harbour,
92 Province Laws {Resolves etc. ) . — 1704-5. [Chaps. 76, 77.]
That a Sum not exceeding Two Hundred Pounds be Allowed out of
the Publick Treasury for that end which we Desire may never have
more than twelve men in Pay for Its Defence, & under Command of
a Serjeant. That the Guns, & stores at saco be removed thither, and
Such of the Timber, & Buildings as may be serviceable.
That the Province Galley be Disposed of to best advantage, and an-
other suitable ship or Galley for the use of this Province, be Built,
& fitted to Guard the sea Coast, to be called the Province Galley not
exceeding one hundred and Sixty Tuns, to carry Sixteen or eighteen
Guns, That the Guns & stores belonging to the Province Galley, be
Reserved, and Improved, So far as they are Suitable for a new vessell.
That there be allowed out of the publick Treasury a sum not exceed-
ing Two Thousand Pounds for Building & fitting the s? vessell.
[Approved November 1 7.
CHAPTEK 76.
ORDER PERMITTING JAMES GARDNER, A MINISTER IN DARTMOUTH,
TO SOLEMNIZE MARRIAGES THERE.
Upon reading the petition of M r - James Sampson, representative of
the town of Dartmouth, setting forth that the said town is at present
destitute of an ordained minister, so that when any would join together
in marriage, they are necessitated to be at trouble and charge of trav-
elling twenty or thirty miles to the next justice of the peace, praying
that M r - Gardner, a preacher of the gospel in the said town, may be
permitted to join persons in marriage in the said town, pursuant to the
directions in the law, so long as he shall continue a preacher in the
said town, —
Ordered That the Praier of the above Petition be Granted.
[Approved November 17.
CHAPTER 77.
ORDER FOR INCREASING TO FIVE SHILLINGS, EACH, THE ALLOW-
ANCE TO PERSONS FURNISHING THEMSELVES WITH SNOW-SHOES
AND MOCCASINS.
Upon the petition of several of the frontiers, referring to the act
about providing of snow-shooes, —
Ordered — That instead of three shillings already Directed, the sum
of five shillings be Granted to every person, who are, or shall be fur-
nished according to Law with Snow Shoes and Mogginsons. [Approved
November 17.
[3d Sess.] Province Laws {Resolves etc.). — 1704-5. 93
CHAPTER 78.
ORDER APPOINTING A COMMITTEE TO DISPOSE OF THE PROVINCE
GALLEY AND TO CONTRACT FOR AND SUPERINTEND THE BUILD-
ING AND EQUIPPING OF A NEW VESSEL, ETC.
Ordered, That John Phillips, John Foster, Andrew Belcher and Sam-
uel Legg, Esq™-, or any three of them, be a committee to dispose of
the province galley, and to treat, agree for and oversee the building
and fitting out the new ship of war or galley ordered by the general
assembly to be erected and built for her majestie's service within this
province, and to employ and lay out the money granted for that use.
[Approved November 18.
CHAPTER 79.
RESOLVE FOR BURNING SIXTY-FIVE COUNTERFEIT BILLS OF PUBLIC
CREDIT, AND FOR ORDERING THE PROVINCE TREASURER TO PAY
SIXTY-FIVE POUNDS, THE AMOUNT OF SAID BILLS, TO ELISHA
HUTCHINSON, IN BEHALF OF THE PERSONS DEFRAUDED THEREBY.
Resolved That the Counterfeit bills amounting to Sixty five pounds
being Sixty five in number be immediatly burn'd And that the Treas-
urer be Ordered to pay the like Sum to Elisha Hutchinson Esq' on be-
halfe of the persons who were defrauded thereby. — [Approved
November 18.
CHAPTER 80.
RESOLVE FOR DIRECTING THE TREASURER TO GIVE TO JAMES BAILEY
A WHOLE TWENTY-SHILLING BILL OF CREDIT IN EXCHANGE FOR
A TORN BILL OF THE SAME AMOUNT.
Resolved That the Treasurer be Directed to Take the piece of a
Twenty Shilling Bill of Credit, annex'd and Deliver a whole Twenty
Shilling Bill to James Bayley Esq? or his order. [Approved Novem-
ber 18.
CHAPTER 81.
ORDER FOR SENDING COMMISSIONERS TO THE GOVERNMENTS OF CON-
NECTICUT AND RHODE ISLAND TO URGE THEM TO MAINTAIN A PRO-
PORTIONABLE QUOTA OF FORCES FOR THE COMMON DEFENCE, ETC.
In the House of Representatives. Novemf 17 : 1704.
Ordered — That Two Commissioners be sent from this Court, to
the Governments of Connecticot & Rhode-Island, to move & urge
them, to maintain a proportionable Qvota of forces, for the Common
Defence, of Her Majesties Subjects, and Interests in these Govern-
ments
94 Province Laws {Resolves etc.). —1704-5. [Chaps. 82-84.]
That Mf Speaker Converse, bee one of the said Commissioners, to
Joine with Such other as the Hon b ! e Board Shall Appoint.
Sent up for Concurrence. Jam- Converse Speaker , —
Nov' 18 th 1704 In Council. Read and concurr'd. and W* Winthrop
Nathan! By field & Nathan! Payne Esq" Commission™ for Rhode-Island,
and W* Winthrop and Nathan! Byfield Esq™ for Connecticut.
Isf Addington Secry. —
[Approved November 18.
CHAPTER 8 2.
RESOLVE FOR EMITTING TWELVE THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT, AND FOR GRANTING A TAX OF TWELVE THOU-
SAND POUNDS. [Approved November 18.
[Printed in the notes to the acts of the year 1704-5."]
CHAPTER 83.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY TO WILLIAM BRIAR, FERRYMAN AT KITTERY,
FOR HIS FORMER SERVICES FOR THE PROVINCE, AND ALSO
GRANTING HIM, FOR THE FUTURE, HALF FERRIAGE FEES FOR
FERRYING SOLDIERS, ETC.
Resolved That The Sum of Four Pounds be Allowed and Paid out
of the publick Treasury to William Briar the Petitioner in full for his
Service done for the Publick to this time, and for the future halfe
ferryage, during the Continuance of the present War, or untill this
Court shall order otherwise, [Approved November 18.
CHAPTER 84.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS TO ISAAC
ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAOR-
DINARY SERVICES FOR THE YEAR ENDING DECEMBER, 1704.
Resolved, That the sum of fifty pounds be allowed and paid to Isaac
Addington, Esq r -, for his extraordinary service for this province for
the year currant, ending in December. [Approved November 18.
[3d Sess.] Province Laws {Resolves etc.). — 1704-5. 95
CHAPTER 85.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO SAMUEL PARTRIDGE FOR HIS EX-
TRAORDINARY TROUBLE AND SERVICES IN THE AFFAIRS OF THE
WAR.
Resolved That the Sum of Twenty Pounds be Allowed, & Paid out
of the publick Treasury to the Hon bl . e Sam" Partridge Esqf for his ex-
traordinary Trouble & Service in the affaires of the War. [Approved
November 18.
CHAPTER 86.
RESOLVE FOR ALLOWING AND PAYING SIXTY POUNDS TO SAMUEL
WILLARD, VICE-PRESIDENT OF HARVARD COLLEGE, FOR HIS SER-
VICES FOR THE YEAR ENDING OCTOBER 30, 1704.
Resolved — That the Sum of Sixty Pounds be Allowed, and Paid out
of the Publick Treasury, to the Eeverend Mf Samuel Willard Vice-
President of Harvard Colledge for his Service the Year Past Expiring
the Thirtieth Day of the last month. [Approved November 18.
CHAPTER 87.
RESOLVE FOR ALLOWING AND PAYING SIXTEEN POUNDS AND TEN
SHILLINGS TO JOHN WHITE, CLERK OF THE HOUSE OF REPRE-
SENTATIVES, FOR HIS SERVICES DURING THE CURRENT YEAR.
Resolved, That the sum of sixteen pounds and ten shillings be
allow'd and paid to M r - John White, clerk of the house, for his ser-
vice the year currant. [Approved November 18.
CHAPTER 8 8.
RESOLVE FOR ALLOWING AND PAYING SEVENTY POUNDS, EACH,
TO THOMAS BRATTLE AND TIMOTHY CLARKE, APPOINTED TO
MANAGE THE EXPENDITURE OF THE MONEY GRANTED TOWARDS
FORTIFYING CASTLE ISLAND, FOR THEIR SERVICES DURING THE
CURRENT YEAR.
Resolved, That there be allowed and paid unto Thomas Brattle,
Esq r -, and Cpt. Timothy Clark, the committee for fortifying Castle
Island, unto each of them the sum of seventy pounds, for their service
the year currant. [Approved November 18.
96 Province Laws {Resolves etc.). — 1704-5. [Chaps. 89-92.]
CHAPTER 89.
RESOLVE FOR ALLOWING AND PAYING EIGHT POUNDS TO NATHANIEL
HUBBARD, FOR HIS SERVICES AS CHAPLAIN TO THE COMMISSIONERS
APPOINTED, JUNE 23, TO RENEW THE TREATY OF AMITY WITH THE
FIVE NATIONS*
Resolved That the sum of Eight Pounds be Allowed, and Paid, out
of the publick Treasury to MM+ Nathaniel Hubbard, for his Service as
Chaplain to the Hon b ! e Commission? that were Sent by this Court to
Confir[m]f the Amity of the five Nations. [Approved November 18.
CHAPTER 90.
RESOLVE FOR ALLOWING FORTY SHILLINGS PER MONTH OUT OF THE
PROVINCE TREASURY TO MATTHEW CAREY FOR SEVEN MONTHS'
SERVICE AS WAITER TO THE IMPOST OFFICE.
Resolved that the sum of Forty Shillings $> moneth be allowed and
paid out of the Publick Treasury to Mathew Gary Waiter on Impost,
for his Service Seuen moneths last past. [Approved November 18.
CHAPTER 91.
RESOLVE FOR ALLOWING AND PAYING FOURTEEN POUNDS OUT OF
THE PROVINCE TREASURY TO SAMUEL WAKEFIELD FOR HIS SER-
VICES AS WAITER TO THE IMPOST OFFICE, ETC.
Resolved, That the sum of fourteen pounds be allowed and paid to
Samuel Wakefield for bis service to this time, as waiter on the impost,
over and above the four pounds he has already received. [Approved
November 18.
CHAPTER 92.
RESOLVE+ FOR ALLOWING AND PAYING THREE POUNDS AND FOUR-
TEEN SHILLINGS OUT OF THE. PROVINCE TREASURY TO SAMUEL
PHILLIPS FOR PAPER, AND TEN POUNDS EIGHT SHILLINGS AND
NINEPENCE TO JOSEPH ALLEN FOR LABOR, INK, ETC., USED IN
PRINTING BILLS OF PUBLIC CREDIT.
Resolved, That there be allowed and paid to Samuel Phillips, book-
seller, for paper to print the bills of credit on, three pounds fourteen
* The title follows the resolve, although the previous titles expressly mention the
Maquas, or Mohawks, only, including others under " &c." See chapters 5, 8, 23 and 35,
ante.
f Manuscript mutilated.
X This resolve is taken from the records. It was made up by the secretary from two
separate resolves, but as these resolves taken separately and without the bills of account
to which they were respectively subjoined would be unintelligible unless explained either
in the title or by a note, it has been deemed best to follow the record.
[3d Sess.] Province Laws (Resolves etc.). — 1704-5. 97
shillings ; and to Joseph Allen for imprinting the bills, for labourers and
several materials, ten pounds eight shillings and ninepence. [Approved
November 18.
CHAPTER 93.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY TO CAPTAIN WILLIAM TYNG TO REIMBURSE
HIM FOR THE LOSS OF HIS HORSE, KILLED BY THE INDIAN ENEMY
AT LANCASTER; AND FOR ALLOWING TWENTY SHILLINGS TO JOHN
SPALDING FOR THE LOSS OF HIS GUN, TAKEN FROM HIS SON BY
THE INDIANS BY WHOM HE WAS SLAIN WHILE IN THE QUEEN'S
SERVICE AT LANCASTER.
Resolved, That the sum of four pounds be allowed and paid to
Cpt. William Tyng for the loss of his horse, and twenty shillings to
John Spalding, father of John Spalding, slain in the service, for the
loss of his gun. [Approved November 18.
CHAPTER 94.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS TO SAMUEL
KNOWLES, ON ACCOUNT OF THOMAS SMITH OF EASTHAM, FOR THE
WAGES OF HIS INDIAN MAN, JOHN MANASSES, WHO SERVED UNDER
COLONEL CHURCH IN AN EXPEDITION AGAINST THE INDIAN
ENEMY IN THE YEAR 1696.
Resolved, That the sum of three pounds be allowed and paid to
M r Samuel Kuowles, in behalf and on account of Thomas Smith of
Eastham, in consideration of the service of his Indian man, named John
Manasseh, in an expedition against the Indian enemy, under Coll.
Church, in the year 1696. [Approved November 18.
CHAPTER 95.
ORDER FOR PAYING EIGHT POUNDS EIGHT SHILLINGS AND TEN-
PENCE OUT OF THE PROVINCE TREASURY TO CAPTAIN CHRISTO-
PHER Osgood and john barker, of andover, for labor and
DISBURSEMENTS IN BUILDING BLOCK-HOUSES; AND ALSO FOR
ALLOWING PAY FOR THE SERVICES OF TWENTY MEN AS SOLDIERS
FROM APRIL 6, TO MAY 22, 1704.
An order pass'd in the house of representatives, upon the petition
of Cpt. Christopher Osgood and John Barker of Andover, praying
payment of eight pounds eight shillings and tenpence for labour and
disbursements in building of four block-houses on the river, and for
the service of soldiers from the 6 th of April to the 22 d of May, 1704 ;
viz., —
Ordered, That the said petition be granted, and payment made out of
gg Province Laws (Resolves etc.) . — 1704-5. [Chap. 95.]
the treasury according, as in said petition is prayed for, and that order
be given for the same accordingly, provided his excellency and
council, in pursuance of an order of the general court, gave order for
erecting the block-houses and labour mentioned in the said petition.
W ch> order being read at the board was concur'd, provided the ac-
compts be examined and reported by Coll. Saltonstall, the payment to be
directed accordingly. [Approved November 18.
[4th Sess.] Province Laws {Resolves etc.) . — 1704-5. 99
RESOLVES, ORDERS, VOTE AND
PROCLAMATION
Passed at the Session begun and held at Boston,
on the Twenty-seventh day of December, A.D.
1704.
CHAPTER 96.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF LANCASTER TOWARDS
BUILDING A MEETING-HOUSE THERE, ETC.
Resolved — That the Sum of Forty Pounds be Allowed and Paid out
of the publick Treasury to the Town of Lancaster towards Building a
meeting-House, as soon as they Shall have, Erected a frame for the
Same and Paid the Taxes already levied upon them. [Approved De-
cember 28.
CHAPTER 97.
RESOLVE FOR THANKING THE COMMISSIONERS LATELY SENT TO
CONNECTICUT AND RHODE ISLAND; AND FOR PAYING THEM FIVE
POUNDS, EACH, FOR THEIR SERVICES.
Resolved That the Thanks of this Court be Given to the Hon b ! e
Nath 1 . 1 By field, James Converse, and Samuel Lynde Esq" the Comis-
sion" lately Sent to the Governments of Connecticott and Rhode-
Island, to move them to afford due assistance in the War ; And the
Sum of Five Pounds be Paid out of the publick Treasury, to each of
them, for their good Service in that affair \_Approved December 29.
CHAPTER 98.
RESOLVE FOR ADDITIONAL PAY, BESIDES THE PREMIUM OF TEN
POUNDS FOR EACH SCALP TAKEN, TO COMMISSIONED VOLUNTEERS
WHO PROCEED ON THE WINTER CAMPAIGN AGAINST THE IN-
DIANS.
Resolved That over and above the Encouragement already Given to
Such volunteers as Go forth under Comissiou from His Excellency,
upon the premium of Ten Pounds $» Scalp, Intending their March to
Norridgawog, Noroccomecoog, Pewechewassit, or any other Head
100 Province Laws {Resolves etc.). — 1704-5. [Chaps. 99-101.]
Qvarters, of the Indian Enemy, which His Excellency shall Direct,
There be an addition made to the Wages, of a Captain, five shillings
p week, of a Lieutenant four shillings p week of a Serjeant, & Cor-
porall three Shillings p week, of a private Centinell two shilling p
week, during the time of their March, for this present Winter. [Ap-
proved December 30.
CHAPTER 9 9.
RESOLVE FOR ABATING THE EXCISE DUE FROM SEVERAL PERSONS,
AMOUNTING IN ALL TO EIGHTEEN POUNDS.
Upon a representation made by the treasurer of several persons in
arrear for excise in the year 1701 and 1702 in the county of Suffolk,
some of them dead and others render'd uncapable to pay ; viz., Thomas
Davis, forty shillings ; Constant Palfrey, five pounds ; Giles Roberts,
five pounds ; Sarah Watkins, thirty shillings ; Sarah Harris, six
pounds (lived but one-third of the year, her son William Harris
tenders to pay forty shillings) ; Thomas Savage, ten shillings ; in all,
twenty pounds, —
Resolved That the Severall Sums above mentioned be abated to the
persons respectively from whom they are due excepting forty Shillings,
for Sarah Harris her Licence [Approved January 2, 1704-5.
CHAPTER 100.
RESOLVE FOR PAYING THE WAGES, ETC., OF THE SENTINELS ON GUARD
OVER THE STORES OF WAR IN THE SCONCE AT BOSTON.
Resolved That Ten shillings p week be allowed and Paid out of the
publick Treasury to each of the Two Centinels, that by motion of this
Court, were Plac"? as a Guard to the publick stores of War Lodg'd in
the Sconce in Boston, for their wages, & subsistence for the time cer-
tified by Cap- Timothy Clarke. [Approved January 3, 1704-5.
CHAPTER 101.
ORDER FOR REQUESTING THE GOVERNOR TO MOVE THE GOVERNOR
OF NEW YORK TO PERMIT AND ENCOURAGE THE FIVE NATIONS
TO TAKE UP ARMS AGAINST THE COMMON ENEMY*
Upon further Consideration of the Report of the Hon b ! e Corniss™
Sent to Albany to Confirm the Amity with the five Nations, & par-
ticularly that clause, wherein the Sf Nations expresse their Readinesse,
* No copy of this letter has been discovered ; but that such a letter was sent appears
from the record of the communication to the Council, dated February 21, 1704-5, by Gov-
ernor Dudley, of the Earl of Cornburv's answer thereto. For his compliance with their
request, the House, on the following day, returned thanks to the Governor. — See Council
Records, vol. VIII., pp. 105, 106.
[4th Sess.] Province Laws {Resolves etc.). — 1704-5. 101
to Take up the hatchet against the ffrench, in Case the Govern^ of New
York Direct's them. And Considering the great advantage that
may probably accrue to Her maj"? 8 Subjects in this, & the Neighbour-
ing Provinces, by securing the s^ nations from being Debauch't into
the french Interests, & Preventing the Enemy's Marching over the
Lake from Canada, in case the s"? nations can be prevail'd with to
enter into Hostility against the French.
Ordered That His Excellency the Governour be Intreated, in the
name of this Court to move His Excellency the Lord Cornbury Gov-
ernour of New-York to allow & Encourage the said nations to Take
up arms against the coinon Enemy. [Passed January <?, 1704-5.
CHAPTEE 102.
ORDER ESTABLISHING THE ALLOWANCE FOR BILLETING SOLDIERS,
ETC. [Approved January 3, 1704-5.
[Printed in the postscript to vol. J., of the Province Laws, page 901."]
CHAPTEE 103.
ORDER REQUIRING THE COLLECTOR OF IMPOST AT SALEM TO PUNCT-
UALLY COLLECT THE POWDER-DUTY AT SAID TOWN AND AT MAR-
BLEHEAD, ETC., AND TO ACCOUNT FOR THE SAME, QUARTERLY, TO
THE COMMISSARY-GENERAL.
Ordered That the Collector of the Impost at salem be required with
great Exactness to receive the powder Duty at Salem and Marblehead
& that the Captain of the forts be assistant to prevent any Escape and
that y e said oncer do quarterly give into the Comissary Generalls office
an account of his receipt That the Governour may thereout make the
Necessary supplyes for the forts in both these places [Approved Jan-
uary 4, 1704-5.
CHAPTER 104.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF GROTON TOWARDS PROCUR-
ING A MINISTER, ETC. ; ALSO FOR A FURTHER ALLOWANCE OF TEN
POUNDS, TO BE DISTRIBUTED PROPORTIONABLY AMONG THE INHAB-
ITANTS OF SAID TOWN THAT HAVE SUFFERED MOST BY THE ENEMY.
Resolved That there be Allowed, and Paid out of the publick Treasury,
the Sum of Twenty Pounds, to the Town of Grotton. to Encourage,
& Assist them in Procuring another Minister, to help them under the
present Disability of their Pastour M? Hubbard, & Ten Pounds more
be allowed & Paid out of the publick Treasury, to Jonathan Tyng Esq-
& M* Nathan' 1 Hill, to be by them proportionably distributed to Such
of the s? Town, as in their Judgment have been greatest sufferers, in
the late outrages made upon them by the Enemy [Approved January
4, 1704-5.
102 Province Laws (Resolves etc.). — 1704-5. [Chaps. 105-107.]
CHAPTER 105.
RESOLVE FOR ALLOWING AND PAYING SEVENTEEN POUNDS FIVE
SHILLINGS AND TENPENCE OUT OF THE PROVINCE TREASURY TO
ELIZABETH, WIDOW OF JOHN WADE, LATE OF BERWICK, IN FULL
OF HIS ACCOUNT FOR ATTENDANCE UPON SICK AND WOUNDED
SOLDIERS IN THE QUEEN'S SERVICE.
An accompt of M r - John Wade, late of Berwick, dec d -, for adminis-
trations and cure of several sick and wounded soldiers in her majes-
tie's service, sent up from the represent™- with the act of that house
thereon; viz., —
Resolved, That the sum of seventeen pounds five shillings and ten-
pence be allowed and paid out of the publick treasury to Elisabeth
Wade, widow, relict of the said John Wade, or her order, in full of the
occompt on the other side. [Concurred in by the Council, and approved
January 5, 1704-5.
CHAPTER 106.
ORDER FOR REQUESTING THE GOVERNOR TO INFORM THE GOVERN-
MENT OF CONNECTICUT THAT SAID COLONY IS EXPECTED TO
FURNISH SUBSISTENCE TO THE TWO HUNDRED MEN WHICH THEY
PROPOSE TO SEND INTO HAMPSHIRE COUNTY, ETC.; AND, IN THE
MEAN TIME, THAT THE REPRESENTATIVES ARE WILLING THAT THE
COMMISSARY-GENERAL SHOULD SUPPLY SAID FORCES WITH PRO-
VISIONS UNTIL FURTHER ORDER.
Ordered That a Message be sent up to the Board in answer to their's
of this Day by the Comiss7 General!.
That His Excellency be Desired to write to the Government of Con-
necticott that It is Expected the s d Colony should subsist their two
Hundred men propos'd to be sent into the County of Hampshire and
that It is far Short of their proportion
And They have promis"? to furnish their men with Amunition. How-
ever rather than their fforces should draw off this House would have
the Coinissary Generall take care for their Supply of Provision untill
further order. [Passed January 5, 1704-5.
CHAPTER 107.
RESOLVE FOR PAYING TWENTY-ONE POUNDS AND EIGHT SHILLINGS
OUT OF THE PROVINCE TREASURY TO CAPTAIN THOMAS HARVEY
FOR FIFTY PAIRS OF SNOW-SHOES, AND FOR THE CURE OF WILLIAM
HUNTING, A SICK SOLDIER, ALSO FOR A HORSE LOST IN THE EX-
PEDITION TO PEQUAWKET, ETC.
An accompt of Cpt. Thomas Harvey for fifty pair of snow-shooe.s
supplied for the service, for cure of William Hunting, one of the
soldiers, and for a horse lost in the Pigwocket expedition, amounting
[4th Sess.] Province Laws {Resolves etc. ) . — 1704-5. 103
in the whole to twenty-one pounds eight shillings, sent up from the
representatives with the resolve of that house thereupon ; viz., —
Resolved, That the sum of twenty-one pounds eight shillings be paid
out of the publick treasury unto Cpt. Thomas Harvey to discharge
the above accompt, he paying the several persons concerned, respec-
tively, their due ; that the said sum be paid to the said Harvy upon
his shewing receipt from Coll. Saltonstall that he has delivered the
said snow-shooes to him, or, if any are wanting, an accompt, to the satis-
faction of the commissary-general, how they have been disposed of : —
Which resolve being read at the board was concur'd. [Approved
January 5, 1704-5.
CHAPTEK 108.
ORDER FOR PROPOSING THE SENDING OF A SUITABLE VESSEL EARLY
IN THE SPRING TO ASCERTAIN THE POSTURE OF, AND SURPRISE,
THE ENEMY AT PORT ROYAL, ETC.
Ordered That a message be sent up to the Board, Proposing that a
suitable vessell with about 30, or 40 men may be sent Eastward as
soon in the spring as the season will Permit to make Discovery of the
Posture of the Enemy at Port Roy all, & those Parts, to Surprise &
Captivate, some of them, & take any vessells they may be furnish'?
w 1 ! 1 if it may be. [Approved January 6, 1704-5.
CHAPTER 10 9.
VOTE REFERRING TO A COMMITTEE THE PETITION OF MARY WOOD-
BURY, PRAYING FOR LEAVE TO SELL REAL ESTATE OF HER
HUSBAND, HUGH WOODBURY, LATE OF BRISTOL, DECEASED, FOR
PAYMENT OF HIS DEBTS. •
A petition of Mary Woodberry, widow and administratrix of Hugh
Woodberry, late of Bristol, dec d- , praying to be enabled to sell land for
payment of the just debts of her said deceased husband and for her
own necessary subsistence, was read and, —
Referr'd to Nathaniel Byfield and Ebenezar Brenton Esq 1 ? to Ex-
amin into the matter set forth in the above Petition, And to Report the
same to the next Session of this Court. [Approved January 6,
1704-5.
CHAPTER 110.
ORDER ESTABLISHING RULES FOR PAYING THE ACCOUNTS OF
DRAGOONS, ETC., IN THE COUNTY OF HAMPSHIRE, ETC.
An order pass'd in the house of representatives, directing the rules
to lie observed in paying the accompts of dragoons, etc., in the
104 Province Laws (Resolves etc.). — 1704-5. [Chaps. 110, 111.]
county of Hampshire, laid before the committee of both houses, viz. :
to allow one-third ferriage ; all soldiers that exceed two days' service
to be paid ; to allow twenty shillings per gun and forty shillings per
horse for all lost in the service ; nothing to be allow'd for posts to
those less than five miles ; Major Whiting's charge at Dwight's to be
allow'd ; nothing to be allowed for the last accompt of Deerfield losses.
[Concurred in by the Council, and approved January 6, 1704-5.
CHAPTEK 111.
A PROCLAMATION APPOINTING THURSDAY, THE FIRST DAY OF MARCH,
1704-5, AS A DAY OF PUBLIC FASTING AND PRAYER.
By His Excellency, Joseph Dudley Esqr. Captain General and
Governour in Chief, in and over Her Majesties Provinces of the Mas-
sachusetts-Bay and New-Hampshire in New-England. A Proclama-
tion for a General East.
Having had Consideration of the Great Troubles of Europe, wherein
Her Majesty and the Confederates are Engaged against the Common
Enemy of the Repose of the Christian Nations ; As well as our own
Troubles with the French and Indians ; And the Just Reason we have
therefore to Implore the Divine Favour, for the Remission of our great
and manifold Sins that have justly displeased God.
I Have therefore thought fit, by and with the Advice of Her Majesties
Council, and at the Desire of the Representatives in their last Session,
to Appoint and Order, That Thursday the first of March next, be Sol-
emnized as a Day of Publick Fasting and Prayer throughout these
Provinces : Exhorting both Ministers and People in their several As-
semblies, Religiously to attend the Solemn Services of the said Day ;
That by a sincere Repentance and steady Affiance in the Divine Mercy
in their most humble Addresses, They may obtain .from God, That Our
Soveraign Lady the Queen, with the Nations and Territories under Her
Happy Government may alwayes be under the Protection of Heaven ;
Her Majesties Life and Government long continued ; Her Counsils and
just Arms Prospered ; The Designs of the barbarous Salvages against
us defeated ; Our exposed Plantations preserved, And the poor Chris-
tian Captives in their hands, returned ; That the Government of these
Provinces may have the Divine Direction in all their Administrations ;
That Health may be continued, And the ensuing Year crowned with
the Fruits of Divine Bounty : That Deliverance may speedily arise to
the Church of God oppressed with the Tyranny of Antichrist : And all
Servile Labour is Inhibited on that Day.
Given at the Council Chamber in Boston, the Twenty-second Day
of January, 1704. In the Third Year of the Reign of Our Soveraign
Lady Anne, by the Grace of God, of England, Scotland, France &
Ireland, Queen, Defender of the Faith, &c :
J. Dudley
By Order of the Governour & Council,
Isaac Addington, Seer.
GOD SAVE THE QUEEN.
[5th Sess.J Province Laws {Resolves etc.). — 1704-5. 105
RESOLVES, ORDERS AND VOTES
Passed at the Session begun and held at Boston,
on the Twenty- first day of February, A.D.
I 7°4-5-
CHAPTEE 112.
RESOLVE FOR ALLOWING AND PAYING TWENTY-FIVE SHILLINGS,
EACH, TO NATHANIEL BYF1ELD AND SAMUEL LYNDE, COMMIS-
SIONERS TO CONNECTICUT AJTO RHODE ISLAND, FOR THEIR EX-
PENSES BEYOND THE SUM ADVANCED TO THEM; ALSO FOR
ALLOWING THIRTY SHILLINGS, EACH, TO ISAAC WALDEN, DANIEL
BALDWIN AND JOSIAH CONVERSE, THE THREE TROOPERS WHO
ATTENDED SAID COMMISSIONERS.*
Resolved — That the Sum of Twenty and five Shillings, be Allowed,
and Paid out of the publick Treasury to Nath 11 By field Esq- one of the
Commiss™ lately Sent by this Court to the Governments, of Connecti-
cott, and Rhode Island for his Expences at Boston, when attending to
give ace' of his Negotiation, & in his Return home.
The like Sum of Twenty five shillings to Sam 1 . 1 Lynde Esq' one of
the s? Comiss" for So much he Expended in the s*? Service more than
was advane'd to him.
And That there be Paid to Isaac Walden Daniel Baldwin, and Jo-
siah Converse the three Troopers, that Attended the s- Comiss" to
each of them the Sum of Thirty shillings for their Service. [Approved
February 22, 1704-5.
CHAPTER 113.
ORDER APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT OF
AN ADDRESS TO THE QUEEN.
The following order pass'd in the house of representatives ; viz., —
Ordered, That M r - Nehemiah Jewett, Major Samuel Brown, Cpt.
Samuel Checkley, Cpt. James Warren and Cpt. Samuel Phipps be a
committee to join with a committee of the board to prepare and lay
before this court a draught of an address proper at this time to be
humbly laid before her majesty.
Read and concur'd, and John Hathorne and William Brown, Esq™-,
and the secretary were named a committee of the board for the affair
aforesaid. [Passed February 22, 1704-5.
* See chapter 81, ante.
106 Province Laws {Resolves etc.). — 1704-5. [Chaps. 114-116.]
CHAPTER 114.
RESOLVE FOR ALLOWING AND PAYING TWENTY-FIVE POUNDS TEN
SHILLINGS AND ONE PENNY OUT OF THE PROVINCE TREASURY
TO THE TOWN OF BOSTON, IN FULL FOR THE SUPPORT OF ABRA-
HAM STEVENS AND PRISCILLA SMART, PERSONS DRIVEN FROM
THE EASTWARD BY THE ENEMY.
Resolved, That the sum of twenty-five pounds ten shillings and one
peny be allowed and paid out of the publick treasury to the town of
Boston, in full of the accompt annexed, for charge of keeping Abra-
ham Stevens and Priscilla Smart, persons driven from the eastward by
the war. [Approved February 23, 1704-5.
CHAPTER 115.
ORDER DIRECTING THE PROVINCE TREASURER TO EXCHANGE WITH
JOSHUA BOYNTON, CONSTABLE OF #EWBURY, A GENUINE TWENTY-
SHILLING BILL OF CREDIT, FOR A COUNTERFEIT BILL OF THE
SAME AMOUNT RECEIVED FROM HIM.
Ordered, That the treasurer receive of Joshua Boynton, constable of
Newbury, a counterfeit bill of credit on this province for twenty shil-
lings, and deliver him a true bill of the same sum. [Approved Febru-
ary 23, 1704-5.
CHAPTER 116.
VOTE APPOINTING A HEARING UPON THE PETITION AND REMON-
STRANCE OF JAMES ALLEN, SURVIVING FEOFFEE IN TRUST, AND
EXECUTOR, NAMED IN AN INSTRUMENT PURPORTING TO BE THE
LAST WILL OF RICHARD BELLINGHAM, DECEASED, PRAYING FOR
A REVERSAL OF THE ORDER OR DECREE OF THE GENERAL
COURT OF THE COLONY, IN SEPTEMBER, 1676, DECLARING SAID
WILL TO BE NULL AND VOID; AND FOR NOTIFYING THE ADVERSE
PARTIES.
A petition and remonstrance of James Allen, clerk, surviving
feoffee in trust and executor of the last will and testament of the late
Hon ble Richard Bellingham, Esq 1 *-, praying to be heard upon a judge-
ment of the general court sitting in September, 1676, declaring the said
will null and void, was sent up from the representatives with the vote
of that house thereupon; viz., That the prayer of the petition be
granted and a hearing attended upon the second Wednesday of the
session of this court in May next ; w cl *- being read, the council disa-
greed with the representatives in the vote, and, —
Voted, That the person claiming the said estate be forthwith served
with a copy of the petition, and that they make their objections and
shew caused if any they have, on Fryday in the first week of the next
session of this court, why a hearing of the case therein mentioned, as
is therein prayed for, should not be granted ; and was concur'd by the
house of representatives. [Passed February 23, 1704-5.
[5th Sess.] Province Laws {Resolves etc.). — 1704-5. 107
CHAPTER 117.
ORDER DIRECTING THE TREASURER TO OBTAIN FORTY REAMS OF
PAPER FROM LONDON TO BE USED IN MAKING BILLS OF CREDIT,
ETC.
Ordered that the treasurer forthwith obtayn from London forty ream
of the best wearing paper of propper bigness to make eight bills the
sheet that may have eight paper stamps in Every sheet that may
appear in the Center of the bills each ten Ream to have a different
stamp which will prevent any Conterfeit without the agreement of the
stationers and paper officers which may not be supposed. & that the
Company of stationers who have the sole making of paper in England be
prayed not to use those stamps upon any other ocasion, the charge
whereof wil be a very small matter [Approved February 27,
1704-5.
CHAPTER 118
RESOLVE FOR EMITTING EIGHT THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT; AND FOR GRANTING A TAX OF EIGHT THOUSAND
POUNDS. [Approved Februanj 27, 1104-5.
[Printed in the notes to the acts of the year 1704-5. ]
CHAPTER 119.
VOTE FOR GRANTING A HEARING ON THE PETITION OF THE SELECT-
MEN OF THE TOWN OF MARLBOROUGH, PRAYING THE GENERAL
COURT TO DECIDE WHETHER OR NOT THE PROPRIETORS OF THE
LAND WITHIN SAID TOWN GRANTED BY THE COLONY TO DOCTOR
JOHN ALCOCK OF ROXBURY, ARE LIABLE TO BE ASSESSED FOR
' THE LEGAL CHARGES OF THE TOWN, ETC.* [Passed February 27,
. 1704-5.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 120.
VOTE APPROVING THE ENGROSSMENT OF THE DRAUGHT OF AN
ADDRESSf TO THE QUEEN AND ORDERING THE SECRETARY TO
SIGN THE SAME.
TriE engrossment of the address to her majesty, with the memorial
accompanying the same, was read and approved, and the secretary or-
dered to si<rn the same in the name of the council. [Passed February
28, 1704-5.
* See order, 1700-1, chapter 37.
t No copy of this address has been found in the archives.
108 Province Laws (Resolves etc.). — 1704-5. [Chaps. 121-123.]
CHAPTER 121.
RESOLVE FOR PAYING ONE HUNDRED FORTY-FOUR POUNDS NINE-
TEEN SHILLINGS AND TENPENCE OUT OF THE PROVINCE TREAS-
URY TO THE SEVERAL PERSONS TO WHOM IT IS DUE, AS SET
FORTH IN LIEUTENANT-COLONEL JOHN MARCH'S ACCOUNT OF
LABOR AND DISBURSEMENTS ON THE FORT AT CASCO.
An accompt presented by Lieut. Coll. John March, of work done by
carpenters and soldiers at her majestie's fort at Casco, disbursem 13 -, etc.,
amounting to the sum of one hundred forty-four pounds nineteen shil-
lings and tenpence, allowed by the house of representatives and resolved
to be paid out of the publick treasury to the several persons respectively
to whom it is due, as set forth in the said accompt, was read and con-
cur'd. [Approved February 28, 1704-5.
CHAPTER 122.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY TO JOSEPH DUDLEY, GOVERNOR, ETC., NINETEEN
POUNDS SIX SHILLINGS AND ELEVEN PENCE, IN FULL FOR MONEY
BELONGING TO HIM IN ENGLAND AND RETAINED BY CONSTANTINE
PHIPPS, AGENT OF THE PROVINCE.
An accompt of nineteen pounds six shillings and eleven pence of his
excellencie's money in England, w ch - M r - Phips paid himself with, for
his expences and disbursements charged to the government in his
accompts, and a resolve pass'd thereon by the representatives ; .viz., —
Resolved That the sum of Nineteen Pounds Six Shillings, and eleven
pence be allowed & paid out of the publick Treasury to his Excellency
the Governour in full of the account above mentioned [Concurred in
by the Council, and approved February 28, 1704-5.
CHAPTER 123.
RESOLVE FOR ALLOWING AND PAYING SIX POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN WALKER, IN FULL FOR THE VALUE
OF HIS HOUSE, TAKEN BY THE ENLARGEMENT OF THE FORT AT
CASCO.
Resolved, That the sum of six pounds be allowed and paid out of
the publick treasury to John Walker, late of Casco, in full for his house,
taken within the line of the fort there, upon the enlargem 1 - thereof.
[Approved February 28, 1 704-5.
[5th Sess.] Province Laws {Resolves etc. ) . — 1704-5. 109
CHAPTER 124.
RESOLVE FOR ALLOWING AND PAYING TWENTY-EIGHT POUNDS OUT
OF THE PROVINCE TREASURY TO THE COMMITTEE APPOINTED TO
PRINT, ETC., THE BILLS OF CREDIT, IN FULL FOR THEIR WORK ON
THE LAST FIVE THOUSAND POUNDS EMITTED, ETC.
Resolved That the Sum of Twenty eight Pounds be allowed, and
paid out of the publick Treasury to the Comittee appointed by this
Court to make publick Bills of Credit in full for their making of the
last five Thousand Pounds, ordered by this Court they paying into the
Treasurer the Six pounds one Shilling remaining in their hands.
[Approved February 28, 1704-5.
CHAPTER 125.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of two hundred pounds be allow'd and paid
out of the publick treasury to his excellency Joseph Dudley, Esq r -,
captain-general and governour-in-chief of this her majestie's province,
for his support in managing the affairs of the governm 1 - [Approved
March 2, 1704-5.
CHAPTER 126.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS
EXTRAORDINARY SERVICES DURING THE YEAR 1704-5.
Resolved, That the sum of four pounds be allowed and paid out of
the publick treasury to M r - John White, clerk of the house of repre-
sentatives, for his extraordinary service the year past. [Approved
March 2, 1704-5.
CHAPTER 127.
RESOLVE FOR ALLOWING AND PAYING SIXTEEN POUNDS SIXTEEN
SHILLINGS AND TENPENCE OUT OF THE PROVINCE TREASURY TO
JOHN WOODMAN, JOHN KENT AND OTHERS, ACCORDING TO AN
ACCOUNT PRESENTED.
Resolved, That the sum of sixteen pounds and sixteen shillings and
tenpence be allowed and paid out of the publick treasury to the persons
respectively to whom the same is due, in full of an ace 1, presented ;
viz., —
To John "Woodman, for ferriage, three pounds five shillings and four-
pence ; to John Kent, master of the sloop Planter, nine pounds ; to
divers persons sent posts, etc., four pounds eleven shillings and six-
pence. [Approved March 2, 1704-5.
110 Province Laws (Resolves etc.). — 1704-5. [Chaps. 128-130.]
CHAPTER 128.
ORDER APPOINTING A COMMITTEE TO VIEW THE BOATS BELONGING
TO THE CASTLE, AND TO PROVIDE FOR THE REPAIR OF ONE OF
THEM.
Ordered, That the Commissary Generall, Cap? Sam 1 . 1 Checkley, & Cap-
tain Ephraim Savage, be a Comittee to view the Castle Boats, and Take
Care for the Repair of one of them, the charge, to be Defrayed out of
the publick Treasury. [Approved March 3, 1704-5.
CHAPTER 129.
ORDER FOR ISSUING A PROCLAMATION FIXING THE STANDARD OF
VALUE OF STERLING COIN AND PLATE, AND FORBIDDING THE
CIRCULATION OF LIGHT MONEY BY TALE.
Ordered, That there be forthwith a proclamation issued that uo
money shall pass by tale but what is of due weight, according to her
majestie's proclamation and the law of this province ; and that all other
light money and plate of sterling alloy shall pass and be good in pay-
ments at seven shillings the ounce and no more, until further provision
be made by the general assembly at their next session.
Sent down for concurrence, and upon the nonconcurrence of the
representatives thereto, his excellency sent a message to the house to
direct the speaker and the house to attend him forthwith in council on a
conference about that matter; and after the conference, the council
revived their vote above, with the alteration following, viz. : instead of
the words [seven shillings] the words [troy pro rato] . W eh - order was
concur'd by the representatives, with the amendment, viz. : '* until the
end of the session of this court in May next, when further considera-
tion shall be had thereof : " w eh- were agreed by the council. [Ap-
proved March 3, 1704-5.
CHAPTER 130.
ORDER DIRECTING THOMAS BRATTLE AND TIMOTHY CLARKE TO PAY
TO THE PROVINCE TREASURER THE BALANCE OF THE MONEY
GRANTED TO BE USED BY THEM ON THE FORTIFICATIONS AT
CASTLE ISLAND.
An accompt of the disburse of the money granted for the fortifica-
tions of the castle, presented by Thomas Brattle, Esq r -, and Cpt. Timo-
thy Clark, commissioners for the laying out the same, was sent up from
the representatives with the order of that house thereon ; viz., —
Ordered, That Thomas Brattle, Esq r -, and Cpt. Timothy Clark be
directed to pay the ballance of the above accompt; viz., fifty- four
pounds and eleven shillings and fourpence, to the treasurer, and that
the treasurer give the province credit for the said sum in his accompts,
upon his receipt thereof. [Concurred in by the Council, and approved
March 3, 1704-5.
ORDERS, RESOLVES, VOTES,
ADDRESS, ETC.,
Passed 1705-6.
[mi
LEGISLATIVE LIST
FOR
I705-6.
His Excellency JOSEPH DUDLEY,
Captain-General, and Governor-in-chief, etc.*
THOMAS POVEY, Esq.,|
Lieutenant- or Deputy-Governor, etc.
ISAAC ADDINGTON, Esq.,
SECRETARY OF the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietors of, lands ivithin the territory formerly called
the Colony of the Massachusetts Bay : —
Wait Winthrop, Esq.,** John Foster, Esq.,
Samuel Sewall, Esq., Penn Townsend, Esq.,
James Russell, Esq., John Higginson, Esq.,
John Hathorne, Esq., Andrew Belcher, Esq.,
Elisha Hutchinson, Esq., Samuel Hayman, Esq.,
William Browne, Esq.,J Edward Bromfield, Esq.,
Isaac Addington, Esq., Samuel Legg, Esq.,
John Phillips, Esq., Ephraim Hunt, Esq.,
Jonathan Corwin, Esq., Simeon Stoddard, Esq.
Of the inhabitants of , or proprietors of, lands within the territory formerly called
New Plymouth : —
John Walley, Esq., Isaac Winslow, Esq.,
John Thacher, Esq., Nathaniel Paine, Esq.§
Of the inhabitants of, or proprietors of, land within the territory formerly called
the Province of Maine : —
Eliakj.m Hutchinson, Esq., Joseph Hammond, Esq.,)]
Benjamin Browne, Esq.!
Of the inhabitants of, or proprietors of, land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
* For the full title, see vol. VII., p. 331.
t Povey, having obtained leave to go home, drew his pay as commander of the Castle for three months,
ending January 31, 1705-6, upon a warrant which was advised and consented to, on the 28th, at a meeting
of the Council at which he was present and he soon after sailed from Piscataqua, in a ship which was then
nearly ready to depart. He never returned. See note to chapter 32 of the resolves of 170-i-S.
X " Brown," in the Secretary's list. § " Payne," in the Secretary's list.
|| Hammond's name does not appear subscribed, with those of the other councillors, to the qualifying
oaths, but he was already sworn as a representative before his election to the Council.
U " Brown," in the Secretary's list.
** He was not sworn until the nineteenth of November.
[113]
114 Province Laws {Resolves, etc.). — 1705-6. [^Representatives.]
For the Province, at large : —
Samuel Partridge, Esq., Samuel Appleton, Esq.
REPRESENTATIVES or DEPUTIES.
Boston,
Boxbury,
Dorchester,
Milton,
Braintree,
Weymouth.
Dedham,
Hingham,
Medfield,
Wrentham,
May SO, 1705
Mr. THOMAS
County of Suffolk.
Mr. Thomas Oakes,f
Capt. Samuel Checkley,
Capt. Ephraim Savage,
Mr. Elizur Holyoke.f
Mr. William Denison.
Mr. Hopestill Clap.§
Capt. Thomas Vose.
Lieut. John Baxter.||
Capt. Stephen French.
Mr. John Fuller.
Mr. Josiah Leavitt,^[
Mr. Samuel Eells.
Mr. John Metcalfe.**
Mr. Richard Puffer.ff
to April 12, 1706.
OAKES, Speaker.*
County of Essex.
Salem, Samuel Browne, Esq.,JJ
Capt. Samuel Gardner.
Ipswich, Mr. Nehemiah Jewett,
Mr. Nathaniel Knoulton.§§
Newbury, Capt. Henry Sorherby.||||
Lynn, Ensign Joseph Newhall.^Hf
Marblehead, Mr. Samuel Reed.***
Beverly, Mr. Samuel Balch.
Wenham, Deacon William Fiske.fft
Topsfield, Mr. Elisha Perkins.
Gloucester, Mr. Joseph Allin.Jtt
Rowley, Capt. John Dresser.
Salisbury, Mr. Isaac Morill.§§§
Amesbury, Mr. Thomas Fowller.||||
* The Governor having negatived the election of Mr. Speaker Oakes, the House insisted on their
choice ; whereupon a committee of the Council was sent down to the House to propose, as a temporary-
expedient, that the latter " would withdraw what they have done, with a salvo jure, and fill the chair with
another person," to preside during the election of councillors ; but the House still insisted and denied the
Governor's authority to veto their choice. After hearing read the clause in the charter which gave the
governor the negative voice " in all elections and votes of government whatsoever," performed by the Gen-
eral Court or in Council, and also the third section of the act of 1692, for ascertaining the number and
regulating the House of Representatives, which act had been approved "by the Privy Council, .and after a
prolonged debate thereon, the Council sustained the decision of the House, with but three dissenting
voices. The form of this vote was, "That it is not in the governor's power to refuse the election of a
speaker, and direct the choice of another, by virtue of the charter." The House then brought up their
vote for eighteen councillors for the territory late the Colony of Massachusetts Bay, whereupon the Gov-
ernor receded, and directed " that the election be proceeded in," which was accomplished by half-past
eleven at night. On the following day Dudley communicated a paper to the representatives whom he
summoned to the council chamber, in which he declared that though satisfied of his right " to allow or
disallow the speaker of the Assembly," he deemed it his duty not to insist upon it at that time, to the
delay of the important business then pressing. This was the beginning of the controversy which resulted
in the granting of the explanatory charter of 1726. See foot-note on page 555, post.
f " Okes," in the town records, and " Oaks," in the Secretary's list.
X " Holyok," in the town records, and " Holioke," in the Secretary's list. «
$ " Clapp," in the Secretary's list.
|| "Lieut.," in the town records, but " Mr.," in the Secretary's list.
U No representative for Hingham is named in the Secretary's list; but the town records show that
Josiah Leavitt was chosen April 28, and Samuel " Eelles," on the sixth of June. As the latter, only, sub-
scribed the qualifying oaths, and was chosen so late, it is probable that the former declined to serve, or
was rejected.
** " Metcalf," in the town records.
ft Erroneously entered as of Middlesex County, in the Secretary's list.
%X " Brown," in the Secretary's list. $$ " Knolton," in the town records.
Illl " Somersby," in the Secretary's list; but " Somerby," in the town records, and subscribed " Som-
erby," to the qualifying oaths, showing that two m's were intended.
ITU "Newell," in the Secretary's official list, but "Newhall," in a duplicate list in the archives. He
perished in a snowstorm, January 29, 1705-6. — Boston News-Letter, No. 95.
*** " Read," in the Secretary's list.
tt+ " Deacon," in the town records, but " Mr.," in the Secretary's list.
XXX "Allen," in the Secretary's list.
§§§ " Morrill," in the Secretary's list and in the town records.
Illlll " Fowler," in the Secretary's list and in the town records.
[Representatives.] Province Laws (Resolves, etc.). — 1705-6. 115
Count? of Esskx — Concluded.
Andover, Capt. Christopher Osgood.
Haverhill, Mr. Samuel Watts.
County of Middlesex.
Charlestown, Capt. Samuel Phipps.
Cambridge, Capt. Thomas Oliver.*
Watertown, Mr. Nathaniel Bright.f
Woburn, Maj. James Converse, Esq.f
Maiden, Mr. Phineas Upham.
Reading, Maj. Jeremiah Sweyne.§
Billerica, Lieut. John Willson.||
Concord, Mr. Simon Davis.
Chelmsford, Capt. Jerahmeel Bowers.
Sudbury, Mr. William Browne,^ -
Mr. John Brigham.
Marlborough, Mr. Samuel Brigham.
Neiuton, Capt. Isaac Williams.
Sherburne, Mr. William Rider, senior.*
Lancaster, Mr. John Houghton.
Oroton, Capt. Jonas Prescott.ff
Medford, Lieut. Thomas Willis.JJ
Dunstable, Capt. William Tyng.
County of Hampshire.
County of Plymouth.
Plymouth,
Scituate,
Marshfield,
Bridgewater,
Duxbury,
Capt. John Bradford.Jtt
Mr. Samuel Clap.
Mr. Ephraim Little.§§§
Mr. David Perkins, jun.|||
Mr. David Alden.
County of Bristol.
Bristol, Mr. Nathaniel Blagrove.
Rehoboth, Col. Samuel Walker .Iff
Swanzey, Mr. Ephraim Perce.****
Little Compton, Mr. William Fobes.fttf
Taunton, Mr. Joseph Tisdale.
Dartmouth, Mr. Joseph Tripp.
County of Barnstable
* Barnstable,
Yarmouth,
Eastham,
Mr. James Hamlen.JJtt
Mr. Samuel Sturges.§§§§
Mr. Samuel Knowles.
Springfield,
Northampton,
Suffield,
Eadley,
Hatfield,
Westfield,
Deacon John Hitchcock. §§
Capt. Preserved Clap.||||
Mr. Joseph Sheldin.^f
Mr. Peter Mountague.***
Mr. Samuel Marsh, senior.f ff
Mr. Nathaniel Bancroft.
County of York.
York, Capt. Lewis Bane.
Kittery, Mr. John Leighton.
Wells, Capt. Joseph Hill.
Island of Nantucket.
Capt. Richard Gardner.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor and General Court.
JOHN BRIGGS, ) „ . A . „
HENRY EMMES, i Messen 9 ers °f the House °f Representatives. \\\\\\\\
* " Capt.," in the town records, but " Mr.," in the Secretary's list.
t Erroneously entered " Mr. Joseph Sherman," in the Secretary's list.
t " Major," and " Convers," in the town records, without the " Esq."
$ " Swain," in the Secretary's list, and " Swayne," in the town records.
|| " Wilson," in the Secretary's list and in the town records, and " Lieut.," in the latter
U « Brown," in the Secretary's list. Browne died after having qualified, and on the third of October
JJngham was chosen to fill the vacancy. '
** " Senior," in the town records.
tt " James," in the Secretary's list, but " Jonas," in the duplicate list in the archives
Xt " Lieut.," in the town records.
§§ "Deacon," and "Hitchcocke," in the town records.
INI " Clapp," in the town records.
1111 Not in the Secretary's list, but duly sworn.
*** "Montague," in the Secretary's list.
ttt " Senior," in the town records.
JJJ " Capt.," in the town records, but " Major," in the Secretary's list,
}§{ " Isaac," in the Secretary's list.
IIIHI " Junior," in the town records,
Wrf " Col.," in the town records.
tit! "< I™™'"™ thC t0Wn records ' tttt << Forbes," in the town records.
Mn Th Hambn " m the Secretar ^ «* m " Sturgis," in the town records.
II || || || These messengers served specially at different times. See chapters 34 and 99, post.
ORDERS, RESOLVES AND VOTES
Passed at the Session begun and held at Boston,
on the Thirtieth day of May, A.D. 1705.
CHAPTER 1.
ORDER FOR PERMITTING THE NATICK INDIANS TO CONVEY TWO HUN-
DRED ACRES OF LAND, WITHIN THEIR PLANTATION, TO JOHN
COLLAR, JUNIOR, TO PAY HIM FOR BUILDING THEIR MEETING-HOUSE,
ETC. [Approved June 6.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 2.
ORDER ALLOWING JOHN CARY, BREWER, TO PAY IN BEER HIS AR-
REARS OF EXCISE WHILE HE KEPT THE GREEN DRAGON TAVERN
IN BOSTON.
Upon reading a petition of John Carey of Boston, brewer, setting
forth that he lately kept the Green Dragon Tavern in Boston, and by
misfortunes that befel him was forced to quit the house and get a letter
of licence from his creditors, since which he has set up a brewhouse,
and being about twelve pounds in arrear for his excise and is unable
to pay the same in money, praying that he may pay the said sum in
beer for the countrey's use, —
Ordered, That the above arrear of about twelve pounds be accepted
and paid in beer. [Approved June 6.
CHAPTER 3.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE
GENERAL COURT, ON THE COMPLAINT OF ISAAC ADKINS, JOHN
ELLIS, BERIAH BROADBROOK AND JOSEPH SEVERANCE, AGAINST
DANIEL HAMILTON, CONSTABLE OF MANAMOIT, FOR ILLEGALLY
DISTRAINING THEIR ESTATES FOR TAXES, ETC. [Approved June 7.
[Printed with resolves, orders, etc., relating to the establishment, etc.)
of towns, etc.']
118 Province Laws (Resolves etc.), — 1705-6. [Chaps. 4-6.]
CHAPTEE 4.
ORDER APPOINTING A COMMITTEE TO CONSIDER THE BEST METHOD
OF REFORMING THE MONEY AND RENDERING EFFECTUAL THE LAW
TO PREVENT THE DEBASING THEREOF.
Ordered, That Elisha Hutchinson, Samuel Sewall, William Browu,
Eliakim Hutchinson and Samuel Legg, Esq"-, and the secretary, be a
committee of the board, to be joined by such as shall be named by the
house of representatives, to consider what may be proper to be done by
this court for reforming of the money, and rendering the law effectual
to prevent the debasing thereof,* and Cpt. Samuel Checkley, Cpt. Stephen
French, Major Samuel Brown, M r - Nathaniel Knolton, Maj r - James
Converse, Cpt. Thomas Oliver, Cpt. Samuel Clap, M r - Ephraim Pierce,
M r - Samuel Knowles and Cpt. Preserved Clap were named a committee
of the representatives to join the committee of the board in that affair,
with the abatement of the clause of penalties and the addition of the
words underlined ; w ch - was agreed to. [Passed June 7.
CHAPTER 5.
RESOLVE FOR ALLOWING AND PAYING FOURTEEN POUNDS OUT OF
THE PROVINCE TREASURY TOWARDS THE MAINTENANCE OF A
MINISTER AT THE ISLES OF SHOALS, PROVIDED THE PROVINCE OF
NEW HAMPSHIRE PAY SIX POUNDS FOR THE SAID PURPOSE.
Considering the Greater Part of the Inhabitants of the Isles of
Shoales, belong to the Province, of New Hampshire.
Resolved That if the s? Province Pay the Sum of Six Pounds at
least for the Support of the minister at the S^ Isles this present yeare,
That then there be Allowed, and Paid, out of the publick Treasury of
this Province, for the Use afores? the sum of fourteen Pounds.
[Approved June 8.
CHAPTER 6.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE
GENERAL COURT ON THE CLAIMS MADE BY MOSES WILL ON BE-
HALF OF THE INDIANS OF GAY HEAD, AND BY SAM ASSAWETT
ON BEHALF OF THE INDIANS OF NO-MAN'S LAND, TO LANDS AT
GAY HEAD AND TO OTHER LANDS ON MARTHA'S VINEYARD, AND
ORDERING THE SHERIFF OF DUKES COUNTY TO NOTIFY THE AGENT
OF THE EARL OF LIMERICK, AND OTHERS, OF SAID HEARING;
ALSO PROVIDING FOR THE SECURITY OF THE INDIANS IN THE
MEAN TIME, AND FOR THE PROBATE OF THE WILL OF JOSIAH
MATAACK, AN INDIAN SACHEM, DECEASED. [Approved June 12.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
* The words in Italics were substituted, in an amendment proposed by the House, for
the following words in the order as originally passed by the Council : " for the annexing
of Penaltys on such as shall offer money by tale, under due weight, and further." The
words " for the reforming of the money," were transposed from after to before the sub-
stituted words.
[1st Sess.] Province Laws {Resolves etc.). — 1705-6. 119
CHAPTER 7.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO ARTHUR BEAL OF YORK, FOR FERRYLNG
SOLDIERS IN THE QUEEN'S SERVICE.
A petition of Arthur Beal, one of the ferrymen at York, with his
accompt annexed of ferrying over soldiers, was sent up from the
representatives with the resolve of that house thereon ; viz., —
Resolved — That the Sum of five Pounds be Allowed, and Paid out of
the publick Treasury to Arthur Beale the Petitioner, in full for ferry-
age (as mentioned on the other Side) to this day.
Sent up for Concurrence. Thomas Oakes Speaker
June. 12 th 1705. Read and Concurr'd, And That m- Commissary
General take in the acco" pay the sum allow d , and bring the paym- to
acco*' in his bookes. Is^ Addington Secry.
[Approved June 12.
CHAPTER 8.
ORDER FOR A HEARING ON THE PETITION OF A COMMITTEE OF
THE TOWN OF GLOUCESTER PRAYING THAT THE HEIRS OR AS-
SIGNS OF RICHARD BLINMAN MAY BE OBLIGED TO OPEN AND
KEEP CLEAR "THE CUT" AT CAPE ANN, ETC., AND FOR NOTIFY-
ING SAID HEIRS OF THE HEARING.
Upon a representation and complaint made by a committee of the
town of Glocester, that the cutt (so called) at Cape Ann is closed and
shutt up, to the great hurt and prejudice, not only of the said town, but
of the publick, and the heirs of M r - Richard Blinman, who claim the
privilege thereof, neglect and refuse to open and clear the same, —
Ordered, That there be a hearing of that matter on Fryday, the fif-
teenth currant, and that the heirs of the said M r - Blinman be notified
thereof, and attend by themselves or others sufficiently impowered to
answer the said complaint. [Approved June 13.*
CHAPTER 9.
ORDER DIRECTING THAT A SURVEY OF THE TERRITORY OF PAWMET,
WHICH THE INHABITANTS PRAY MAY BE MADE A TOWNSHIP BY
THE' NAME OF DANGERFIELD, BE MADE, AND LAID BEFORE THE
GENERAL COURT AT THE NEXT SESSION. [Passed June 15.
[Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
* On the 22nd, the representatives " Ordered That a Hearing be attended at three
a clock this afternoon," when the order was passed which constitutes chapter 30, post.
120 Province Laws (Resolves etc.) . — 1705-6. [Chaps. 10-13.]
CHAPTER 10.
ORDER DIRECTING THE INHABITANTS ON THE EAST SIDE OF THE
RIVER IN SPRINGFIELD TO PAY TO THE INHABITANTS ON THE
WEST SIDE OF THE RIVER FIFTY POUNDS IN GRAIN, ETC., AND
TO ALLOW THEM ONE HUNDRED ACRES OF LAND FOR THE USE
OF THE MINISTRY; AND PROVIDING FOR FUTURE DIVISION OF
THE MINISTRY LANDS BETWEEN THE TWO PARISHES, ETC. [Ap-
proved June 15.
[Printed with resolves, orders, etc., relating to the establishment, etc ,
of towns, etc."]
CHAPTER 11.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY TO BENJAMIN CHURCH OF HADLEY FOR HIS
LOSSES, ETC., BY REASON OF A WOUND RECEIVED IN THE FIGHT
AT DEERFIELD.
Resolued That the sum of four Pounds, be allowed & Paid out of
the publick treasury to Benjamin Church the Petitioner in full Satis-
faction, for his losse of time & being wounded [Approved June 15.
CHAPTER 12.
RESOLVE FOR ALLOWING AND PAYING FORTY SHILLINGS OUT OF
THE PROVINCE TREASURY TO SAMUEL CHURCH OF HADLEY FOR
HIS LOSSES, ETC., BY REASON OF A WOUND RECEIVED IN THE
FIGHT AT DEERFIELD.
Resolved That the sum of forty shillings, be Allowed, and Paid out
of the publick Treasury to Sam 1 . 1 Church the Petitioner for his losse of
time, & his being wounded, [Approved June 15.
CHAPTER 13.
VOTE OF ADVICE TO THE GOVERNOR TO PROCURE AN EXCHANGE
OF PRISONERS WITHOUT THE RELEASE OF BAPTISTE, IF POSSIBLE.
The following message in writing was sent up from the repre
sent ves - ; viz., That this house are of advice that his excellency please
to use utmost endeavours to obtain an exchange of prisoners without
releasing of Baptist ; but if, finally, it cannot be obtained without, that
Baptist be exchanged, rather than our captives De retain'd in the hands
of the enemy ; w chi was read and, —
Agreed to. [Passed June 15.
[1st Sess.] Province Laws {Resolves etc.). — 1705-6. 121
CHAPTER 14.
RESOLVE FOR A FURTHER ALLOWANCE OF FORTY SHILLINGS TO
SAMUEL BARNARD OF HADLEY FOR HIS HORSE IMPRESSED AND
KILLED IN THE PUBLIC SERVICE.
A petition of Samuel Barnard of Hadley praying a further allow-
ance for a horse impress'd from him to go post to Boston with Thomas
Bettis, the man and horse being both kill'd on the road, was sent up
from the representatives with the resolve of that house thereon ; viz., —
Resolved That the Sum of forty shillings be allowed & Paid out of
the publick Treary to Sam" Barnard the Petitioner, over & above the
forty Shillings already paid him in full for his horse mentiond in his
Petition [Concurred in by the Council, and approved June 15.
CHAPTER 15.
VOTE APPROVING THE ARTICLES OF AGREEMENT WITH THE GOV-
ERNOR OF CANADA FOR THE EXCHANGE OF PRISONERS OF WAR.
His excellency acquainted the council that in his discourse yester-
day with Courtesmanch, commissioner from Mons r - Vaudreuil, gover-
nour of Canada, relating to the exchange of prisoners, —
Mons r - Courtesmanch proposed that he would sign the articles offered
by his excellency, with the exception of Baptist, so that Mons r - Cha-
four, brother to Mons r - Vaudreuil's wife, might be permitted to go to
Canada with him, upon his parol of honour to return hither again as a
prisoner, if Mons r ' Vaudreuil refused to consent to and ratify the arti-
cles with that exception ; and if, otherwise, M r - Vaudreil should sign
and ratify them, then the ratification thereof to be forthwith sent hither
by a courier, with the notice of the agreed place for the exchange, and
that the dispatch of the prisoners from Canada should proceed in the
mean time.
And the council were of advice it might be so, and upon communi-
cating the same to the represent" 68 -, Major Converse and Cpt. Phips,
of the representatives, brought up a message that it is acceptable to
their house that it be so. [Passed June 16.
CHAPTER 16.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JAMES TAYLOR, TREASURER OF THE PROVINCE, FOR HIS SERVICES
DURING THE YEAR 1704-5.
Resolved, That the sum of two hundred pounds be allowed and paid
out of the publick treasury to M r James Taylour, as province treasurer,
for the year past. [Approved June 16.
122 Province Laws {Resolves etc.). — 1705-6. [Chaps. 17-19.]
CHAPTER 17.
ORDER FOR PAYING FIFTY POUNDS TO LIEUTENANT-COLONEL BENJA-
MIN CHURCH, OUT OF THE FINES WHICH ARE OR SHALL BECOME
DUE FROM THE DELINQUENTS OF THE MILITARY COMPANY OF
DARTMOUTH, OF WHICH HE IS CAPTAIN, TO REIMBURSE HIM FOR
BOUNTIES PAID BY HIM TO FIVE MEN ENLISTED IN THE QUEEN'S
SERVICE.
The following order, pass'd in the house of representatives upon the
petition of I> Coll. Benjamin Church, Cpt. of the military company at
Dartmouth, was read and concur'd ; viz., —
Whereas the Petitioner was Ordered by his Superiour Officer, to have
ready Six of his qvarter men, which Si men were notified as the Law
Direct' s, to rendesvouse, at the place appointed : but five of the s? men
not appearing the Petitioner, as is set forth, to Expedite her Maj'^2
service, was forced, to hire five Persons and to Pay out therefor, of his
own, fifty Pounds being far distant from his Town, and time not per-
mitting to Impresse more out of the s d Company, & the Law for Im-
pressing one Qvarter Part | hath appropriated the fines to the use of
the Company, & not to Supply with men for the service, The Petitioner
hath no means to recover the money expended for Her Majesties Ser-
vice.
Ordered That the s"? Col- Church be paid his fifty Pounds out of the
fines, which are & shall become due, from Delinquents in the si Com-
pany. [Approved June 16.
CHAPTER 18.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE GENE-
RAL COURT UPON THE PETITION OF JOHN LANE AND OTHERS OF
BILLERICA, PRAYING THAT A PROPOSED DIVISION OF THE COMMON
LANDS BY THE ORIGINAL PROPRIETORS MAY BE STAYED ; ALSO FOR
NOTIFYING THE ADVERSE PARTIES AND FOR GRANTING THE STAY
PRAYED FOR, IN THE MEAN TIME. [Approved June 19.
[Printed icith resolves, orders, etc., relating to the establishment, etc.,
oftoions, etc."]
CHAPTER 19.
VOTE FOR ALLOWING AND APPROVING THE PROVINCE TREASURER'S
ACCOUNTS FROM MAY 31, 1704, TO MAY 31, 1705.
The accompts of M r - James Taylour, treasurer and receiver-general
of this province, beginning the thirty-first of May, 1704, and contin-
ued unto the thirty-first of May, 1705, amounting unto the sum of
fifty thousand four hundred and fifty pounds eighteen shillings and
eightpence, having been presented and laid before the house of repre-
sentatives and inspected by said house, by which it appears there was
standing out on the said thirty-first of May, of the several assessments
[1st Sess.] Province Laws (Resolves etc.). — 1705-6. 123
ten thousand five hundred eighty-nine pounds eight shillings and ten-
pence, and in the hands of John Walley, Esq r -, late commissioner of
impost, sixty pounds, and twenty-eight pounds thirteen shillings in the
hands of James Russell, Esq 1 "-, commissioner of the duties of impost,
etc., to be drawn into the treasury and further to be accompted for ; as
also five hundred forty-four pounds thirteen shillings and sevenpence,
province bills of publick credit remaining in the said treasurer's hands,
for which bills he is accomptable, —
Voted, That the said accompts, iu the several articles of receipts and
payments therein mentioned, amounting unto the sum of thirty-nine
thousand two hundred and twenty-eight pounds three shillings and
threepence, be and hereby are approved and allowed of, and the said
treasurer is hereby discharged of the said sura of thirty-nine thousand
two hundred twenty-eight pounds three shillings and threepence.
[Approved June 19.
CHAPTER 20.
RESOLVE FOR ALLOWING AND PAYING OUT OF THE PROVINCE
TREASURY TO BERNARD TROTT ELEVEN POUNDS PER ANNUM
FOR FIVE YEARS, IN PART COMPLIANCE WITH AN ORDER OF THE
GENERAL COURT IN 1677, FOR HIS SERVICES AND EXPENSES IN
REDEEMING AND RETURNING FROM FAYAL TWO INDIANS STOLEN
AND SOLD INTO SLAVERY.
A petition of Bernard Trott praying the payment of fifty-six
pounds, formerly order'd him by the governour and council of the
Massachusetts Bay, for the redemption of two Indians and bringing
them home from Fayal, and the resolve pass'd in the house of repre-
sentatives thereon, was sent up ; viz., —
Whereas the Councill met, the 9* of the 6* * 1677. Ordered the
Treasurer to Gather a fine of one Hundred Pounds and Pay fifty Six
Pounds thereof, unto the s? Trott the Petitioner, for the Return of the
Indians mentioned in this Petition ; and M? Sewall having Examined,
the then Treasurers Acc'% & Inform's that he did not find any thing
ever Paid to the s*? Trott.
Resolved That the Si Petitioner be Allowed and Paid out of the
publick Treasury the Sum of Eleven pounds, & for the future the Sum
of Eleven Pounds <\p annT during the Space of four years next coming,
to Commence from the end of the present Session of this Court (If the
Petitioner, Shall live So long) unlesse before any of the s 1 ? yearly Pay-
ments be made, It shj appear, that he hath already received Considera-
tion. [Concurred in by the Council, and approved June 19.
CHAPTER 21.
VOTE FOR ALLOWING THREE POUNDS TO SAMUEL BARTLETT OF
NORTHAMPTON, A SOLDIER WOUNDED IN THE QUEEN'S SERVICE.
A vote of the representatives granting an allowance to Samuel
Bartlett of Northampton, of three pounds for loss of time and smart
money for a wound received in the service, and forty shillings for the
•Sic.
124 Province Laws {Resolves etc.). — 1705-6. [Chaps. 22-24.]
loss of a horse, was read and, on the question put, agreed only to the
allowance of three pounds for loss of time and smart money ; w ch - being
again offer'd to the representatives was agreed by that house.
[Approved June 19-*
CHAPTER 22.
RESOLVE APPOINTING A HEARING UPON THE REPORT OF A COMMITTEE
OF THE TOWN OF BOSTON IN ANSWER TO THE PETITION OF THE
INHABITANTS OF MUDDY RIVER TO BE ERECTED INTO A SEPARATE
PRECINCT OR TOWNSHIP, AND FOR NOTIFYING THE SELECTMEN
OF BOSTON THEREOF.t [Passed June 20.
•
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 23.
ORDER FOR LAYING OUT TO FRANCIS COLLINS OF LONDON FIVE HUN-
DRED ACRES OF LAND IN THE NIPMUCK COUNTRY, WHICH WERE
GRANTED BY THE GENERAL COURT IN 1683 TO HIS FATHER, JOHN
COLLINS, LATE OF LONDON, DECEASED. [Approved June 20.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 24.
RESOLVE FOR ALLOWING AND PAYING TO MATTHEW CAREY A SUM
SUFFICIENT, WITH WHAT HE HAS ALREADY RECEIVED FROM THE
COMMISSIONER OF THE IMPOST, TO PAY HIM FOR HIS SERVICES AS
WAITER TO THE IMPOST OFFICE, FORTY SHILLINGS PER MONTH
FROM NOVEMBER 18, 1704, TO JUNE 20, 1705; AND DIRECTING THE
COMMISSIONER TO EMPLOY WAITERS ONLY WHEN THEIR SER-
VICES ARE NEEDED.
Resolved, That so much be allowed and paid out of the publick
treasury to Matthew Carey, the petitioner, as with what he hath already
received of James Russell, Esq r -, commissioner of impost, will amount
to forty shillings per month for his service from the 18 th day of Novem-
* The original resolve in the archives shows that it was agreed to by the representa-
tives, on the twenty-second.
f A petition, addressed to the General Court by the inhabitants of the hamlet of Muddy
River, a part of Boston, to " be allowed a separate village, to have selectmen and all other
rights belonging to a township," was read in Council, June 17, 1704, and an order was
passed by the Board that the selectmen of Boston have a copy of the petition and that a
hearing be had thereon at the next session of the Assembly. Although it does not appear
that the House concurred in this order a memorandum on the same petition shows that
on the first of November the Council ordered the selectmen to appear on the morning of
Saturday, the fourth, on which day the hearing was continued to the next session.
The report of a committee of the town of Boston in opposition to this petition was read
in Council June 15, 1705. A hearing was ordered to be had thereon the 19th, and that
notice be given to the selectmen of Boston. This order was sent down to the House for
concurrence, but for some reason which does not appear this hearing "slipt," and the
House, on the 20th, passed the above resolve which, on the same day, was agreed to by
the Council.
This resolve appears only in the archives.
[1st Sess.] Province Laws {Resolves etc.). — 1705-6. 125
ber last to this day ; and that the commissioner have a liberty to im-
prove waiters as he shall judge needful for the year ensuing, and not
keep any under constant pay at such times and seasons as he shall not
see cause to improve them. [Approved June 20.
CHAPTER 25.
RESOLVE FOR ALLOWING AND PAYING FORTY SHILLINGS OUT OF THE
PROVINCE TREASURY TO CAPTAIN LEWIS BANE FOR HIS SERVICES,
EXPENSES, ETC., WHILE COMMANDING A SCOUT OF TWELVE MEN
IN THE QUEEN'S SERVICE.
Cap t Lewis Bane having Represented to this House, That by order
of his Excellency the Governour, he had Comanded a Scout of twelve
men, the last month, the space of Seven dales wherein he Subsisted
himself,
Resolved That the Sum of forty shillings be Allowed, and Paid out of
y c - publick Treafy. to the said Cap 1 - Bane for his Service, Expences, &
Subsisting himself the Said seven daies afores"? & that the Comissary
Generall, make up his Pay in his Muster Roll accordingly [Approved
June 21 .
CHAPTER 26.
RESOLVE FOR ALLOWING AND PAYING FORTY SHILLINGS OUT OF
THE PROVINCE TREASURY TO THANKFUL TAYLOR, WIDOW OF
CAPTAIN JOHN TAYLOR, LATE OF NORTHAMPTON, FOR THE LOSS
OF A HORSE IN THE QUEEN'S SERVICE; AND TEN POUNDS MORE
FOR HER SUPPORT.
Resolved, That the sum of forty shillings be allowed and paid out of
the publick treasury to Thankful Taylour, widow, relict of Cpt. John
Taylour, late of Northampton, slain in her majestie's service, for the
loss of his horse ; and the sum of ten pounds more for her support.
[Approved June 21.
CHAPTER 27.
RESOLVE FOR ALLOWING AND PAYING TWENTY-TWO POUNDS AND
NINE SHILLINGS OUT OF THE PROVINCE TREASURY TO LIEUTEN-
ANT-COLONEL JONATHAN TYNG FOR SNOW-SHOES PURCHASED
AND HIRED BY HIM FOR THE USE OF THE PROVINCE, ETC.
The following resolve pass'd in the house of represent™- upon
the petition of Lieut. -Coll. Tyng, and sent up ; viz., —
Resolved That the Said Petition 1, be allowed and paid out of the Pub-
lick Treasury the Sum of Twenty one pounds hue Shillings for Eighty
fiue p r of Suow Shoes he bought for y e Province use, and Twenty four
Shillings for 12 p r of Snow Shoes w ch he hired for s d Service last win-
126 Province Laws {Resolves etc.). —1705-6. [Chaps. 28-30.]
ter to Noridge Walke, Seventy 1 p r Serviceable yet in y e hands of s d
Coll Tyng who is acco'able for y e Same To y e Commission 1, of y e Prov-
ince
Sent up for Concurrence — Thomas Oakes Speaker
In Council. June. 21 st 1705. Agreed, so that the Commissary Gen-
eral Examin and Signe the Accompt thereof Isf Addington Secry
[Concurred in by the House , and approved June 21.
CHAPTER 28.
ORDER DIRECTING THE JUDGE OF PROBATE FOR THE COUNTY OF
MIDDLESEX TO REPORT THE SETTLEMENT OF THE ESTATE OF
JACOB AMSDEN, LATE OF CAMBRIDGE, DECEASED, TO THE NEXT
SESSION OF THE GENERAL COURT; AND THAT NOTICE THEREOF
BE GIVEN TO THE HEIRS, ETC.
Upon reading the petition of Susannah Amsden, widow, relict of
Jacob Amsden, late of Cambridge, in the county of Middlesex, de-
ceas d -, praying to be impower'd to sell land for her necessary subsis-
tence, —
Ordered That the Judge of Probate for the County of Midd? Report
the Settlement of the Estate of Jacob Amsden within-named, if any be,
to this Court, at their next Session ; And that the heires of the said
Amsden be Notifyed of this Petition, and be then heard, if any thing
they have to Say, why the Prayer therein should not be granted. —
[Approved June 22.
CHAPTER 2 9. .
RESOLVE FOR ALLOWING AND PAYING TWENTY-SIX POUNDS OUT
OF THE PROVINCE TREASURY TOWARDS THE MAINTENANCE OF
THE MINISTRY IN THE TOWN OF DUNSTABLE FOR THE CURRENT
YEAR.
Resolved, That the sum of twenty and six pounds be allow'd and
paid out of the publick treasury towards the support of the ministry in
the town of Dunstable the year curr*- [Approved June 22.
CHAPTER 30.
ORDER DIRECTING NATHANIEL COIT AND HIS SUCCESSORS TO CLEAR
THE CHANNEL OR "CUT" AT CAPE ANN, AND TO BUILD AND
MAINTAIN A SWING-BRIDGE OVER THE SAME, AND EMPLOY A
PERSON TO TEND THE DRAW; ALSO FIXING THE RATE OF TOLLS
TO BE PAID BY VESSELS PASSING THROUGH SAID CHANNEL, ETC.
Upon a Representation made to this Court That the Channel or
Passage for Vessells cut through the Beach at Cape-Anne within the
Township of Glocester, by the violence of a great Storme & Tide hapning
[1st Sess.] Province Laws {Resolves etc.). — 1705-6. 127
the last winter, is closed and Shut up with Sand ; which Passage has
been of general Advantage to the Coasting Vessells from that place
and the parts adjacent on the Eastern Shore, and saves a doubling
about the Cape ; which oft times causes great loss of time in waiting for
a fair winde, and is much more hazardous. — .
And a Hearing haveing been had, upon due notification to the
Select men of Glocester and Captain Nathaniel Coit of the same place,
who claims the benefit and priviledge of the said Passage in right of
the heires of Willia" 1 Stevens, whose Widow he married.
Ordered, That the said Captain Coit do cause the said Channel or
passage to be sufficiently Opened and Cleansed by the last day of
August next comeing, and a sufficient Swing bridge to be made over the
same, safe and convenient for Travailers both Horse and Foot And
from time to time maintain the said Channel and Bridge in good re-
pair, clear and of use for the passage of Vessells and Travailers and
keep a person attending constantly there to open and Shut the said
Bridge, That neither Vessells or Travailers be stopt or hindred. —
And for Supporting the charge thereof, there is hereby Granted a
Toll of two Shillings to be paid by the Master of every Vessell not be-
longing to Glocester, passing through the Channel, and for all Vessells
belonging to the said Town, the Sum of Seven Shillings %> annut to
be paid at or before the Twentyeth day of July annually, agreeable
to a late Vote and Order of the Inhabitants in a general Town Meet-
ing. —
And when the heires of the said Willia m Stevens shall come of age,
They to have the benefit and Income of the said passage upon payment
of so much as shall appear to be due to the said Coit to make good his
disburse, over and above his receipt, upon a just & true Accompt
thereof to be rendred on Oath, if required ; And for the future, They
to be at the charge of cleansing keeping and maintaining the s? Passage
and Bridge in good Serviceable repair. — [Approved June 22.
CHAPTEK 31.
RESOLVE REQUESTING THE GOVERNOR AND COUNCIL TO ORDER THAT
PERSONS WHO ARE FORCED TO SERVE IN GARRISON AWAY FROM
THEIR HOMES BE ALLOWED PASTURAGE, AND LAND TO CULTIVATE,
IN THE ESTATES OF THOSE WHO ARE PROTECTED BY THE GARRISON.
Resolved that his Ex cy the Gouerno r and Councill be desired to take
Care and order that where p r sons are forced from theire own Liveings
into Garrisons, Those who haue theire Lands and Estates by them pre-
served Do Suffer Such as are theire Defence as aforesaid to take up
and Improue Some part of theire Lands for to produce Some Small help
and Releife to them and theire families as Some times they haue done
[ Approved June 26.
128 Province Laws {Resolves etc.) . — 1705-6. [Chaps. 32, 33.]
CHAPTER 32.
RESOLVE FOR ALLOWING AND PAYING SEVEN POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN BRIDGMAN, JUNIOR, OF NORTHAMP-
TON, A SOLDIER WOUNDED IN THE QUEEN'S SERVICE AT DEERFIELD.
A resolve pass'd in the house of representatives upon the petition
of John Bridgeman, jun r -, of Northampton, being wounded and taken
at Deerfield, was read and concur'd ; viz., —
Resolved That the Sum of seven Pounds be allowed & Paid out of
the publick Treasury, to John Bridgman the Petitioner, for his Maime,
& losse of time untill the cure was effected, in full for that petitioned
for. [Concurred in by the Council, and approved June 27.
CHAPTEE 33.
ORDER FOR ABATING FIFTY POUNDS OF THE ARREARS OF TAXES DUE
BY THE TOWNS OF YORK AND WELLS, UPON CONDITION THAT THE
REMAINDER OF SAID ARREARS BE DULY ASSESSED TO BE PAID
IN TO THE PROVINCE TREASURY, AFTER DEDUCTING THEREFROM
AN ALLOWANCE TO EACH PERSON IN SAID TOWNS WHO IS FUR-
NISHED WITH SNOW-SHOES AND MOCCASINS; ALSO FOR AUTHORIZ-
ING THE GOVERNOR, ETC., TO DRAW WARRANTS ON THE PROVINCE
TREASURER FOR WHAT REMAINS OF SAID TAX AFTER SAID DEDUC-
TION, TO BE PAID TO THE MINISTERS OF SAID TOWNS, RESPECTIVELY,
SAID TOWNS TO BE DISCHARGED UPON MAKING UP THE DEFICIENCY.
Upon Consideration of the Loss of Estates and Persons, by the
"War in the Frontier Towns of Yorke and "Wells, on which Account
principally the said Towns are fal'n in arrear of the late Publick Taxes,
That is to Say, Yorke One hundred pounds & "Wells Eighty pounds.
Ordered That there be abated to Yorke, Thirty pounds of their s?
arrearages, and to Wells Twenty pounds of theirs; And the Select
men or Assessors of the said Towns respectively are hereby Directed
and Impowred forthwith to assess and apportion the full remainder
of the said arrearages upon Polls, and Estates, in Improvement, with-
in the said several Towns, according to the Rules set for the rayseing
of the said Taxes ; And make return of the Lists thereof to the Prov-
ince Treasurer ; who is thereupon hereby Directed and Impowred to
make out his Warrants to the Constables of the s? Towns to Collect
the same accordingly, to be paid into the Treasury by two equal pay-
ments. Viz? the first at or before the first of November next, and the
other halfe at or before the first of Novemb? 1706. with Order to dis-
count out of the first part on the Polls, five Shillings to Each person
that are furnished w th good Snow Shoes and mogginsons, Pursuant to
the Act of this Government ; which amounts to ffive pounds in
the Town of Yorke, and Three pounds fifteen Shillings in Wells ; So
that there will remain further of the Town of York? Quota Sixty five
pounds and of the Quota for Wells ffifty Six pounds five
Shillings.
And the Governour, by and with the Advice and Consent of the
Council, is hereby Impowred, to Issue forth Warrants to the Treasurer
to pay to the ministers for the time being, of the said two Towns
respectively, for their Support and Service there, towards their Salary
[1st Sess.] Province Laws (Resolves etc.). — 1705-6. 129
from the Towns, the aforesaid Sums of Sixty five pounds, and ffifty
Six pounds five Shillings ; The s? Towns to make good the remainder
to their Ministers. — .On performance whereof the said Towns of
Yorke and Wells are discharged of their said arrearages, and not
otherwise. — [Approved June 27.
CHAPTER 34.
RESOLVE FOR ALLOWING AND PAYING FORTY SHILLINGS TO JOHN
BRIGGS FOR HIS SERVICES AS MESSENGER TO THE HOUSE OF REP-
RESENTATIVES.
Resolved, That the sum of forty shillings be allowed and paid out of
the publick treasury to John Briggs, messenger to that house, for travel
and fees. [Approved June 27.
CHAPTER 35.
ORDER FOR A MESSAGE TO THE GOVERNOR REQUESTING HIM TO
DEMAND OF THE GOVERNMENT OF CONNECTICUT TO DESIST FROM
INTERFERING WITH PERSONS DWELLING ON THE DISPUTED TER-
RITORY* BETWEEN THAT COLONY AND THIS PROVINCE, UNTIL
AFTER THE WAR, ETC. [Passed June 27.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 36.
ORDER FOR ALLOWING AND PAYING THREE HUNDRED SIXTY-EIGHT
POUNDS SIXTEEN SHILLINGS AND EIGHTPENCE OUT OF THE PROV-
INCE TREASURY, IN FULL REPAYMENT OF THE MONEY BORROWED
OF THE GOVERNOR OF CANADA BY MESSRS. LIVINGSTON AND
SHELDEN, MESSENGERS OF THE PROVINCE TO QUEBEC; AND THE
FURTHER SUM OF FOUR HUNDRED TWENTY-SIX LIVRES MORE, FOR
WHICH SAID LIVINGSTON HAD DRAWN BILLS.
"Whereas Cap 1 ? Livingstone and rn~ Shelden messsengers to Quebeck,
have taken up ffour Thousand Livers of m~ Vaudreuil Governor for
the French King in Canada, upon the Credit of this Governm-
Ordered That the Committee appointed by the Board Adjust the
Same, for the Sum to be paid here, according to the Amount in the
money of this Province, and that an order be made upon the Treasury
for payment to m' Courtemanch forthwith.
Sent down for concurrance. Isf Addington Secry.
In the House of Representatives June 28 : 1705. Read &
Ordered a Concurrence So far as that the sum of Three hundred
Sixty eight Pounds Sixteen Shillings & eight pence may be paid out
* On the petition of the inhabitants of Suffleld.
130 Province Laws (Resolves etc.). — 1705-6. [Chaps. 37-39.]
of the publick Treasury, in full for acd as above and for four Hun-
dred, twenty Six Livres more, for which The Said Levingstone has also
drawn Bills.
Thomas Oakes Speak T
[Concurred in by the Council, and approved June 28.
CHAPTER 37.
VOTE FOR ACCEPTING THE ACCOUNT, AMOUNTING TO TWENTY-SEVEN
HUNDRED EIGHTY-EIGHT POUNDS FOURTEEN SHILLINGS AND FIVE-
PENCE, OF THE COMMITTEE APPOINTED TO CONTRACT FOR THE
NEW PROVINCE GALLEY.
The committee appointed to contract and agree for the building and
equipping of the new province galley presented an accompt of the
charge thereof, amounting to twenty-seven hundred and eighty-eight
pounds fourteen shillings and fivepence, w eh - was read, accepted and
sent down to the representatives. [Concurred in by the House, and
approved June 29.
CHAPTER 38.
ORDER DIRECTING THE PROVINCE TREASURER TO RECEIVE AND
GIVE CREDIT TO JOHN RICHARDSON, CONSTABLE OF WOBURN, FOR
A COUNTERFEIT TWENTY-SHILLING BILL OF CREDIT.
A Counterfeit bill of Credit of twenty shillings was offered to the
House by John Richardson Constable of Oburn, received as he saith
for Rates, but he knows not of whom, praying he may not lose the
same.
Ordered That the Treasurer receive the said Bill, and give credit to
the s"? John Richardson twenty one shillings [Approved June 29.
CHAPTER 39.
RESOLVE FOR THANKING THE COMMITTEE HAVING CHARGE OF THE
BUILDING, ETC., OF THE NEW PROVINCE GALLEY; AND FOR AL-
LOWING AND PAYING OUT OF THE PROVINCE TREASURY THREE
HUNDRED SEVENTY-EIGHT POUNDS FOURTEEN SHILLINGS AND
FIVEPENCE TO BALANCE THEIR ACCOUNT OF EXPENSES, ETC
The following resolve pass'd in the house of representatives upon
the accompt of John Phillips, John Foster, Andrew Belcher and Sam-
uel Legg, Esq r % committee of the charge of the new province galley,
was read and concur'd ; viz., —
Resolved That the Thanks of this Court be Given, to the above-
named Comittee for their good Service, and that the sum of Three
Hundred, Seventy eight Pounds fourteeen Shillings, & five pence, be
Allowed & Paid out of the publick Treasury, to the s? Committee, the
Ballance remaining due of the above account [Approved June 29.
[1st Sess.] Province Laws {Resolves etc.). — 1705-6. 131
CHAPTER 40.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS EIGHT
SHILLINGS AND FOURPENCE OUT OF THE PROVINCE TREASURY TO
CAPTAIN ZECHARIAH TUTHILL FOR HIS SERVICES IN KEEPING
THE ACCOUNTS OF THE MONEY DISBURSED IN FORTIFYING CAS-
TLE ISLAND.
Resolved, That the sum of twenty pounds eight shillings and four-
pence be allowed and paid out of the publick treasury to Cpt. Zecha-
riah Tuthill, the petitioner, in full for his service for keeping an
accompt of the money disbursed for fortifying Castle Island, being
proportionable to what was paid the other gentlemen for the like ser-
vice ; viz., seventy pounds per annum. [Approved June 29.
CHAPTER 41.
RESOLVE FOR ALLOWING AND PAYING TWO POUNDS FOUR SHILLINGS
AND SIXPENCE OUT OF THE PROVINCE TREASURY TO MARY GARD-
NER, WIDOW OF ANDREW GARDNER, KILLED AT LANCASTER, FOR
ENTERTAINING SOLDIERS IN THE QUEEN'S SERVICE AND FOR THE
DAMAGE DONE TO HER PROPERTY BY THEIR HORSES.
Resolved, That the sum of two pounds four shillings and sixpence,
as a full consideration for expences on .the soldiers in the publick ser-
vice, be allow'd and paid out of the publick treasury to Mary Gardner.
[Approved June 29.
CHAPTER 42.
RESOLVE FOR ABATING THIRTY-EIGHT POUNDS OF THE ARREARS OF
TAXES DUE FROM THE INHABITANTS OF THE TOWN OF KITTERY,
SAID SUM TO BE APPORTIONED BY THE SELECTMEN, ETC.
June 29V 1 1705
Resolved — That the Sum of Thirty eight Pounds be Abated to the
Poor of the Town, of Kittery, according to the Disposition of the Select
men, & Representative of S 1 ? Town, they being most capable, to re-
lieve Such as they know have met with most Sufferings by the Heathen,
Sent up for Concurrence.
SO'' 1 The S*? Resolve sent down from the Board, Concurr'd, Provided
that the names of the persons, & Sums respectively abated to them,
be by the Select men and Representative laid before this Court at their
next Session, which was Agreed by the House. [Approved June 30.
132 Province Laws (liesolves etc.). — 1705-6. [Chaps. 43-46.]
CHAPTER 43.
RESOLVE FOR ALLOWING AND PAYING SEVENTY POUNDS TO JAMES
RUSSELL FOR HIS SERVICES AS COMMISSIONER OF THE IMPOST DUR-
ING THE YEAR 1704-6; AND AN ADDITIONAL ALLOWANCE OF TWENTY
POUNDS FOR HIS EXTRAORDINARY SERVICES DURING THE YEAR
1702-3.
Resolved, That the sum of seventy pounds be allowed and paid out
of the publick treasury to James Russell, Esq r -, commissioner of impost,
for his service the year past ; and the sum of twenty pounds more to the
said James Russell for the extraordinary trouble he had in managing
the said office in the year 1702-3. [Approved June 30.
CHAPTER 44.
RESOLVE FOR EMITTING TEN THOUSAND POUNDS IN BILLS OF PUBLIC
CREDIT, AND FOR PRINTING FIVE THOUSAND POUNDS OF SAID BILLS;
AND FOR GRANTING A TAX OF TEN THOUSAND POUNDS. [Approved
June 30.
[Printed in the notes to the acts of the year 1705-6. ~\
CHAPTER 45.
RESOLVE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of three hundred pounds be allowed and paid
out of the publick treasury to his excellency Joseph Dudley, Esq r -,
captain-general and governour-in-chief of this her majestie's province,
for his support in managing the affairs of the governm' - [Approved
June 30.
CHAPTER 46.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS, EACH, TO
SAMUEL SEWALL, JOHN HATHORNE, JOHN WALLEY AND JOHN
LEVERETT, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR
SERVICES FOR THE YEAR ENDING JULY 10, 1705.
Resolved — That there be Allowed and Paid out of the publick
Treasury to the Hon b - e Samuel Sewall, John Hathorne, John W alley,
and John Leverett Esq™ Judges of the Superf Court to each of them
the Sum of forty Pounds for their service the year currant expiring the
tenth day of July next — [Approved June 30.
[1st Sess.] Province Laws (Besolves etc.). — 1705-6. 133
CHAPTER 47.
RESOLVE FOR ALLOWING AND PAYING FOURTEEN POUNDS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, IN PART
FOR HIS SERVICES DURING THE CURRENT YEAR.
Resolved, That the sum of fourteen pounds be allowed and paid out
of the publick treasury to John White, clerk of this house, in part for
his service the year curi* [Approved June 30.
CHAPTER 48.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO JAMES
MAXWELL FOR HIS SERVICES AS DOORKEEPER TO THE GOVERNOR
AND GENERAL COURT FOR ONE YEAR, ENDING JUNE 8, 1705.
Resolved, That the sum of thirty pounds be allowed and paid out of
the publick treasury to M r - James Maxwell, doorkeeper to his excel-
lency and this court, for his service the year past, ending the eighth
day of the present month. [Approved June 30.
CHAPTER 49.
RESOLVE FOR ABATING TO MARY SPARK, WIDOW, THE EXCISE,
AMOUNTING TO TWENTY SHILLINGS, DUE BY HER LATE HUSBAND,
JOHN SPARK, OF IPSWICH, DECEASED.
The following resolve pass'd in the house of representatives upon
the petition of Mary Sparke, of Ipswich, widow, for abatement of
excise, amounting to twenty shillings, was read and concur'd ; viz., —
Resolved That the Praier of the above Petition be Granted, & the
s^ Excise abated accordingly. [Approved June 30.
CHAPTER 50.
ORDER FOR APPOINTING A COMMITTEE TO PURCHASE FORTY BAR-
RELS OF GUNPOWDER FOR THE USE OF THE PROVINCE.
June ult. 1705./
Ordered ThatPLlisha Hutchinson Esq^- and ml- Commissary General be
a Committee to joyne with such as shall be named by the Representa-
tives, to purchase forty barrels of Gun powder for the Service of the
Province, The Publick Stock being very low. And that Order be given
for the payment out of the Treasury. —
Sent down for Concurrance. Isf- Addington Secry.
In the House of Representatives June ult? 1705.
Ordered a Concurrence, & That Cap! Samuel Checkley, M? Elizur
Holyoke, & Cap! Samuel Phipps be a Comittee to Joine in the affair
aboves"? Thomas Oakes Speak r
[Approved Jane 30.
134 Province Laws (Mesolves etc.). — 1705-6. [Chap. 51.]
CHAPTER 51.
VOTE FOR ADHERING TO THE VOTES OF JUNE 15 AND 16, AS TO THE
ARTICLES OF AGREEMENT FOR THE EXCHANGE OF PRISONERS, ETC.
A message was sent from the representatiues that they were of the
same advice as before,* referring to Mons 1 " - Baptist, and the council ex-
pressed themselves to be of the same advice accordingly. [Passed
June 30.
* See chapters 13 and 15, ante.
[2d Sess.] Province Laws {Resolves etc). — 1705-6. 135
ORDERS, RESOLVE AND ADDRESS
Passed at the Session begun and held at Boston,
on the Fifth day of September, A. D. 1705.
CHAPTER 52.
ORDER APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT OF AN
ADDRESS TO THE QUEEN, CONVEYING THE THANKS OF THIS COURT
FOR HER BOUNTY IN SUPPLYING THE CASTLE WITH AMMUNITION,
ETC.
12? Septf 1705./ In Council.
Ordered That John Hathorne, John Walley and John Higginson
Esq" of the Council, be a Committee to joyne with such as shall be
appointed by the Representatives to prepare an humble Addresse to
Her Majesty, with the humble Thankes of this Court for Her Ma'. 3 Royal
Bounty in the Cannon and Stores ordered for Her Castle within this
Province —
As also humbly to Addresse Her Majesty upon the Articles recom-
meuded to the Consideration of this Court in his EscelP? 3 Speech,
according to the Directions in Her Majty 8 Royal Letter of the 25'- h of
January past.
And that the s*? Committees sit forthwith and make their Report to
this Court. —
Sent down for Concurrance./ Is- Addington S :
In the House of Representatives Septf 12 : 1705. Read and
Ordered a Concurrence And That M? Speaker Mr Jewet, Capt? Sav-
age, & Mf Blagrove be a Committee of this House, to Joine with the
Committee, of the Board in the affair aforesl
Thomas Oakes Speaker
[Passed September 12.
CHAPTER 53.
ORDER FOR CONTINUING TO THE NEXT SESSION OF THE GENERAL
COURT ALL UNFINISHED BUSINESS REFERRED TO THE PRESENT
SESSION, ETC.
Ordered That all matters depending to be heard before this Court,
Referred unto this Session, be further continued unto the next Session,
on the respective days before assigned. And that Application be
made to a Consideration of Her Ma^ 3 Commands contained in Her
Gracious Letter but now read. — [Approved September 15.
136 Province Laws {Resolves etc.). — 1705-6. [Chaps. 54-56.]
CHAPTEK 54.
ORDER FOR APPOINTING THURSDAY, THE EIGHTEENTH DAY OP
OCTOBER, 1705, AS A DAY OF PUBLIC THANKSGIVING.
Ordered — That a Message be Sent up to the Board, That a Day of
Publiek Thanks-Giving, be Celebrated throughout, the Severall Towns
and Precincts of this Province, upon Thursday the 18* day of Octobf
next, upon the very great, & Multiplied Occasions thereof, which are
left to His Excellency the Governour, & the Board to Enumerate.
[Approved September 15.
CHAPTER 55.
RESOLVE FOR ALLOWING AND PAYING ELEVEN POUNDS TWO SHIL-
LINGS AND THREEPENCE OUT OF THE PROVINCE TREASURY TO
CAPTAIN WILLIAM TYNG TO DEFRAY THE EXPENSES INCURRED
IN THE SICKNESS AND BURIAL OF SOLDIERS UNDER HIS COMMAND,
WHO DIED ON THE LATE EXPEDITION TO NORRIDGEWOCK.
A petition of Cpt. William Tyng, praying an allowance on behalf
of the friends and relations of some of his soldiers that were wounded,
sicken'd and died in her majestie's service on his march to Norridge-
wock in the winter past, for the charges on their sickness and funerals,
sent up from the representatives with the resolve of that house there-
on ; viz., —
Resolved — That the Sum of Three Pounds, ten Shillings, & three-
pence charge on John Carter, The Sum of Two Pounds, Six Shillings,
charge on John Brabrook, the Sum of five Pounds & Six Shillings the
charge on Eleazar Parker, in the whole the Sum of Eleven Pounds two
shillings & three pence be Allowed and Paid out of the Publiek
Treasury to Capt- Will? Tyng the Petitioner, to be by him paid to the
Persons respectively to whom It is due. [Concurred in by the Council,
and approved September 15.
CHAPTER 50.
DRAUGHT OF AN ADDRESS TO THE QUEEN, THANKING HER FOR
HER ORDERS FOR SUPPLYING THE PROVINCE WITH CANNON, AND
REPRESENTING THE INABILITY OF THE PROVINCE TO COMPLY WITH
HER COMMANDS TO BUILD FORTS AT PEMAQUID AND PISCATA-
QUA, AND GIVING REASONS FOR NOT SETTLING FIXED SALARIES,
AS REQUIRED IN HER LETTER; TOGETHER WITH THE VOTE AP-
PROVING OF SAID DRAUGHT AND ORDERING IT TO BE ENGROSSED
AND SIGNED, ETC.
The address, with the amendments and alterations made being
therein inserted, was pass'd in the house of representatives and sent
up again for concurrence, and the council agreed thereto and, —
Voted, That it be fairly engross'd, and that the engrossment, with a
[2d Sess.] Province Laws {Resolves etc.). — 1705-6. 137
duplicate thereof, be signed by the secretary in their name and by their
order. [Passed September 15.
To the Queens most Excellent Majesty.
The humble Addresse of the Council & Representatives of your
m&f 7 . 3 Province of the Massachusetts Bay in New-England in General
Court assembled. —
May it Please your Majesty.
His Excellency, your Majesties Captain General and Governour of
this your Majesties Province, haveing communicated to us your Maj^ s
Royal Letter of the 25 th of January, 1704/5. In which your Majesty is
Graciously pleased to Signify That your Majesty of your Royal Bounty
has thought fit to give Directions that Twenty Cannon with their appur-
tenances be sent to us for the use of your Ma'? 8 Fortifications on Castle
Island
Wee your Ma'! s Loyal and Dutiful Subjects do with all humility Ad-
dresse your Sacred Majesty with our hearty & sincere Thankes for
your Maj^ 3 Royal Bounty therein, And for the good assistance your
Majesty has been pleased to afford us in sending the Deptford Frigat
in our time of need, when our Coast has been Infested with French
Privateers .
And "We Crave leave, in all humble and Dutiful manner to offer to
your Sacred Majesty the following Reasons, why we cannot Answer
your Majesties Expectation of building a Fort at Pemaquid, The Con-
tributing toward the Charge of the Fort at Piscataqua River, and The
Setling of fix'd Salary s for the Governor & L- Governour.
As to the building of a Fort at Pemaquid. The Expence already
made on our Fortresses Garisons Marches and Guards by Sea amount-
ing to more than Eighty Thousand pounds, a very great part whereof
is in arrear and unpaid ; Besides the daily growing charge for our nec-
essary defence and prosecution of the War is become almost insup-
portable and has brought us under very distressing circumstances and
were the building and Support of a Fort at Pemaquid superadded
thereto, It would render the charge far beyond our ability, and we
humbly conceive would be no Security to our frontiers or bridle to the
Indians, the Situation thereof being so much out of their ordinary Road
and upward of one hundred miles distant from any part of this Prov-
ince at present Inhabited by the English, and of little or no advantage
to this Province Altho the Expence in building & Supporting of the
late Fort at Pemaquid cost not less than Twenty Thousand pounds,
which was not lost by any neglect in the Government, It being fully
Supplyed for the Support & Defence thereof ; but by the Cowardice or
Treachery of the then Commanding Officer upon the place, who received
his Tryal but was acquitted.
The small Fortification which was built at Casco Bay onely for a
cover for a trading house in a time of peace, is since the War made a
considerable Fort and is likely to be as great a charge to Support the
same as that of Pemaquid and for our present Security and future Set-
tlement of Plantations in this Province will be of greater advantage
As to the Contributing towards the charge of Piscataqua Fort
The Fort in that Province was built many years past when it was
neither desired or thought necessary that this Province should assist
therein ; and the navigation and Trades of this Province comeing down
Piscataqua River have been & are charg d w th a considerable Duty
toward their Support And this Province has afforded such Guards as
were needful for their hailing of masts Timber &c* for your Ma 4 ? 8 Ser-
vice whilst the principal benefit and Advantage of that Trade has
138 Province Laws {Resolves etc.). — 1705-6. [Chap. 5 7. J
accrued to that Province ; And they have never contributed anything
to the charge of our Forces Forts Garisons or Guards by Sea that are
as great a Safety and defence to them as to our Selves ; And the
publick charge of that Governm 4 has been much less in proportion than
the charge of this
As to the Settling of fix'd Salarys.
Whereas it is the native right and priviledge of English Subjects by
consent of Parliament from time to time to rayse and dispose Such
Sum and Sums of money as the present Exegency of affairs call for,
The which priviledge We your Maj tys Loyal and Dutiful Subjects
humbly crave leave to plead our right unto, not onely as Subjects of
the Crown of England ; but also as priviledged by the Royal Charter
Granted to this Province by their late Ma'? 8 King William and Queen
Mary of blessed memory ; which we have hitherto happily Enjoyed
under your Sacred Maj ty . And we humbly hope and pray wil be con-
tinued to us and our Posterity. And as hitherto We have not been
wanting in our Loialty toward your Majesty and Support to our Gov-
ernor So we hope for the future alwaies to be found in the Discharge
of Incumbent Dutys.
May what we have herein humbly offered be favourably Interpreted
and accepted by the Parental Indulgence of your most Gracious
Majesty. And may the same propitious Providence which hath
hitherto preserved your Ma* 78 Sacred Person, still defend and prolong
yo- happy Reign, and prosper yo!- Auspicious armes in the Just
War wherein yo r majesty is Engaged
Is and shall be the constant and fervent prayers of
Madam, yo? Maj tys
Loyal and Dutiful Subjects, and Suppliants
CHAPTER 57.
ORDER REQUESTING THE GOVERNOR TO DIRECT THAT WORK ON THE
FORT AT WINTER HARBOR BE SUSPENDED UNTIL FURTHER ACTION
SHALL BE HAD ON THE SUBJECT BY THE GENERAL COURT.
The house having seen and consider'd Cpt. Redknap's, the engi-
neer's, draught of a fort to be built at Winter Harbour in the room of
Saco fort, and find the charge thereof will probably amount to nine
times the sum granted for that end, —
Ordered, That his excellency be desired to direct the s d - engineer to
desist proceeding in the s d - affair until this court shall act further there-
upon. [Concurred in by the Council, and passed September 15.
[3d Sess.] Province Laws (Resolves etc.) . — 1705-6. 139
ORDERS, RESOLVES, VOTES, ETC.
Passed at the Session begun and held at Boston,
on the Twenty-fourth day of October, A. D. 1705.
CHAPTER 58.
ORDER FOR SUMMONING CAPTAIN NATHANIEL COIT TO APPEAR
AND GIVE REASONS FOR NOT COMPLYING WITH THE ORDER OF
THE GENERAL COURT, OF JUNE 24, 1705,* TO CLEAR THE CHANNEL
OR "CUT" AT CAPE ANN, ETC.
This House being Informed, That Captain Nathaniel Coit of Glo-
cester hath not Complied, with the tfrder of this Court : Pass'd in
June last, for the Cleansing of the Channel, or Passage, for vessells,
cut through the Beach at Cape Anne in the s^ Town.
Ordered — That the S 1 ? Coit be forthwith Sent for, and Reqvired to
appear before this Court, on Tuesday next, to Shew reason if any he
hath why he has not obeyed the s*? Order. [Concurred in by the Coun-
cil, and passed October 26.
CHAPTER 59.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS AND SIX
SHILLINGS TO NATHANIEL ROLFE OF NEWBURY, A SOLDIER,
WOUNDED WHILE IN THE QUEEN'S SERVICE UNDER THE COM-
MAND OF CAPTAIN BENJAMIN STEVENS, IN THE EXPEDITION TO
NORRIDGEWOCK.
Upon reading the petition of Nathaniel Rolfe of Newbury, praying
a compensation for his smart, loss of time and charge of the cure of a
wound received on bis right arm while he was in her majestie's service,
being a voluntier under Cpt. Benjamin Stevens in the last winter's
march to Norrkigewock, —
Resolved That the Sum of Twenty Pounds and Six Shillings, be Al-
lowed, and Paid out of the Publick Treasury to Nathan: 1 Rolfe, the
Petitioner, in full for his Cure, Losse of Time, & Smart. [Approved
October 26.
• See chapter 30, ante.
140 Province Laws {Resolves etc.). — 1705-6. [Chaps. 60-62.]
CHAPTER 60.
ORDER FOR APPOINTING A COMMITTEE TO RUN THE BOUNDARY
LINE BETWEEN THIS PROVINCE AND THE PROVINCE OF NEW
HAMPSHIRE, ACCORDING TO THE CHARTER, ETC. [Approved October 26-
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 61.
ORDER AUTHORIZING THEODOSIA CLARKE OF BOSTON, A MINOR, TO
CONVEY HER REAL ESTATE AS IF SHE WERE OF LAWFUL AGE *
Upon reading the petition of Theodocia Clark, spinster, one of the
daughters and co-heirs of Thomas Clark, mariner, son of Thomas Clark,
late of Boston, shopkeeper, dec d -, setting forth that she and her sister
Hannah, now wife of John Maudesley of Dorchester, stand jointly
seized, to them and their heirs, by descent from their said father, Thomas
Clark, dec d ', of a certain messuage or tenement scituate in Boston, and
that she, designing to return to England, the place of her nativity, in the
present fleet, and being desireous to dispose of her interest in the said
messuage or tenement, but, forasmuch as she wants about three months
of the age of twenty-one years, prays to be enabled, by an act or order
of this court, to bargain for and make sale of her right and interest in
the said messuage or tenement, and to execute a deed for the same, to be
as sufficient and effectual in the law, to all intents, as if she were of full
and lawful age, —
Ordered That the Prayer of this Petition be granted. Viz? That the
Petition^- be Enabled to Sell dispose and make Convayance of any
Estate belonging to her, as if of full age, and Such Convayances to be
good & effectual "in the Law, her want of about three months of twenty
one years notwithstanding/. [Approved October 31.
CHAPTER 62.
VOTE FOR ABATING ONE-HALF THE DUTY OF IMPOST UPON THE
WINES AND BRANDY CAPTURED BY THE PRIVATE MAN-OF-WAR, THE
BRIGANTLNE CHARLES, AND IMPORTED BY COLONEL NICHOLAS PAIGE
AND BENJAMIN GALLOP, OWNERS OF SAID BRIGANTINE.
Upon reading this day at the board the petition of Coll. Nicholas
Page, Benjamin Gallop, etc., owners of the brigantine Charles, John
Halsey, commander (a private man-of-war) , praying an abatement of
the impost for the wines and brandy taken in a prize-ship carried into
Rhode Island, —
Voted an Abatement of the one halfe of the Duty of what the Pet"
Imported into this Province of their own proper dividend, unsold. And
upon any doubt by the Comission r of the Quantity or Quality thereof,
the Owners to make Oath before His Excell cy . [Concurred in by the
House, and approved November 2.
* See order, 1704-5, chapter 52.
[3d Sess.] Province Laws {Resolves etc.). — 1705-6. 141
CHAPTER 63.
VOTE FOR ABATING PART OF THE EXCISE DUE BY DEBORAH CRICKE,*
WIDOW, OF BOSTON, INNKEEPER.
Upon reading this clay at the board the petition of Deborah Creek
of Boston, widow, setting forth that she, having renewed her licence to
keep a house of publick entertainment for the year ensuing, and enter'd
into recognisance to pay ten pounds excise for the year, but hath since
sold the house, praying that, upon payment of so much excise as is due
for the time she kept her house, she may withdraw her recognisance,
and the vote of the represent' 05 - thereon ; viz., —
That the prayer of the petition be granted, and that order be given
accordingly; the council agreed therewith. [Approved November 2.
CHAPTER 64.
ORDER DIRECTING THE INHABITANTS OF THE LAND ORDERED BY
THE LATE GENERAL COURT OF PLYMOUTH COLONY TO BE OF THE
CONSTABLEWICK OF MANAMOIT, TO PAY THEIR TAXES TO THE
TOWN OF HARWICH UNTIL AN ORTHODOX MINISTER BE SETTLED
AT MANAMOIT; AND ORDERING THE TAXES PAID BY SAID INHABI-
TANTS SINCE NOVEMBER, 1704, TO BE RETURNED TO THEM, ETC
[Approved November 3.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~]
CHAPTER 65.
ORDER FOR PAYING JOSEPH BAILEY, JOHN WOOD, ROBERT HASEL-
TINE, SAMUEL GAGE AND PHILIP ATWOOD FIVE SHILLINGS PER
WEEK, EACH, AND THE CORPORAL ONE SHILLING ADDITIONAL,
FOR TWELVE WEEKS' SERVICE, IN 1704, AS WARDERS ON MERRI-
MAC RIVER, AT BRADFORD; TOGETHER WITH THREE SHILLINGS,
EACH, PER WEEK, FOR SUBSISTENCE DURING SAID TIME; ALSO
TO CAPTAIN DAVID HASELTINE FIFTEEN SHILLINGS AND SIX-
PENCE FOR MATERIALS AND TEAMS USED IN BUILDING A BLOCK-
HOUSE AT GAGE'S NECK ON SAID RIVER.
A petition of Joseph Bailey, John Wood, Robert Haseltine, Samuel
Gage and Philip Atwood, praying payment for their service as warders
upon the river at Bradford in the year 1704, sent up from the repre-
sentatives with the order of that house thereon ; viz., —
Ordered, That the petitioners be paid, each, for twelve weeks,
five shillings per week, and the corporal one shilling more each week,
for wages ; and three shillings per week for each, for their subsistence
(luring the s d - twelve weeks ; and fifteen shillings and sixpence to Cpt.
David Haseltine for materials and team work, as in his accompt.
[Concurred in by the Council, and approved November 3.
• So written in her petition. Savage gives the name " Crick, or Creek."
142 Province Laws {Resolves etc.). — 1705-6. [Chaps. 66, 67.]
CHAPTER 66.
VOTE AUTHORIZING THE SELECTMEN OF GLOUCESTER TO FINISH
THE WORK OF CLEARING THE CHANNEL OR "CUT" AT CAPE
ANN AT THE EXPENSE OF CAPTAIN NATHANIEL COIT, IF IT IS
NOT COMPLETED BY HIM WITHIN TWELVE DAYS FROM DATE*
Cap t Coyt of Gloscester not liaueing attended this Courts order in
finishing y e Cut at Squam : being sent for appear'd before this house
this day & pleads y' he is upon y e work & hopes to finish y e same be-
fore winter sets in :
Voted y' If it be not accomplisht according to y e Courts order within
Twelue dayes next : y l y e selectmen of y e sd Towne shall be Impowrd to
Impress & warne Men to attend yl S? Labor & finish y e same as soone
as y* time allowed is expired : & y' y e s d Capt Coyt pay the select
men for such work as they Impress men & Teams to effect at 2 s qp die
Each Man & 4 s $> die for each team y' shall be soe Improued by y e Se-
lect Men for such Labo r as they shal doe [Concurred in by the Coun-
cil, and approved November 6.
CHAPTER 67.
VOTE FOR THANKING COLONEL ROMER FOR HIS SERVICES AS EN-
GINEER, ETC., AT THE CASTLE AND ELSEWHERE, AND FOR INFORM-
ING HIM THAT THE ASSEMBLY DEEM HIS REFLECTIONS ON MESSRS.
BRATTLE AND CLARKE GROUNDLESS; ALSO FOR PRESENTING A
PIECE OF PLATE AND THIRTY POUNDS IN MONEY TO COLONEL
ROMER AND HIS SON, IN LIEU OF THE GRATUITIES FORMERLY
GRANTED TO THEM;t AND APPOINTING A COMMITTEE OF BOTH
HOUSES TO INSPECT THE CASTLE, FORTHWITH, AND REPORT,
ETC.
Octob? ult. 1705./ In Council-/-
* ' * *
Voted, That Col° Romer receive the Thankes of this Court for his
good Services to this Province at the Castle of Boston & elsewhere.
That he be Acquainted That this Court are also well Satisfyed with
tho good Service of m r - Brattle and Captain Clarke their Commission-
ers and Stewards of the Workes and that they Judge his reflection
upon those Gentlemen groundless
That there be an Honourable Gratuity made out of the Treasury to
Col° Romer and his Son who has also with great diligence followed the
Service at the Castle.
That the Governour be desired to Direct Captain Redknap to take
notice of the Defects and danger of the TVorks intimated in Col°
Romers Remonstrance that further care may be taken therein. —
Sent down for concurrance. Is* Addington Secry —
In y e house of Representatiues Nov- 6. 1705 —
Read, & Voted — That y e vote of y e Council be Concurred with ex-
cept the last Paragraph that apiece of Plate to y e value of Twenty
pounds w th a Motto as this Court Shall direct be p'sented to Coll
Romer ; And y l thirty pounds be paid out of the publick Treasury to
* See chapter 58, ante.
t See resolve of 1701-2, chapter 76.
[3d Sess.] Province Laws {Resolves etc.). — 1705-6. 143
his Son m r John Romer, And that a Comitte of both houses be ap-
pointed forth with to go down to y e Castle to Consider what may be at
present necessary to be done and to lay it before this Court, And that
the former ord r of Court for a gratuity to Col? Romer, & his Son be
voide —
Sent up for Concurrance= Thomas Oakes Speaker
In Council. Nov!" 6? 1705. Read & agreed to And Col? Hutchinson,
Col? Townsend & Andrew Belcher Esqi named a Committee of the
Board.
In the House of Representatives Novf 7f 1705. Col? Checkley,
Capt? Gardner, Capt : Oliver, & M- "Willis named a Committee of the
si House. [Approved November 7.
CHAPTER 68.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS' OUT OF
THE PROVINCE TREASURY TO THE TOWN OF DEERFIELD TOWARDS
THE MAINTENANCE OF THE MINISTRY THERE.
Resolved, That the sum of twenty pounds be allowed and paid out
of the publick treasury towards support of the ministry in the town of
Deerfield for the year ensuing, beginning from this time. [Approved
November 7.
CHAPTER 69.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF BROOKFIELD TOWARDS
THE MAINTENANCE OF THE MINISTRY THERE.
Resolved That the Sum of Twenty Pounds be Allowed,. and Paid out
of the publick Treasury, towards Support of the Ministry, in the Town
of Brookfield, for the year ensuing beginning from this time, [Ap-
proved November 9.
CHAPTER 70.
RESOLVE DECLARING THAT THE JUDGMENT OF THE INFERIOR
COURT , OF COMMON PLEAS OF ESSEX COUNTY, IN AN ACTION
BROUGHT BY ERASMUS JAMES OF MARBLEHEAD AGAINST ROBERT
BARTLETT AND OTHERS, OUGHT TO BE REVERSED AND THE DE-
FENDANTS ALLOWED AN APPEAL, ETC.*
Upon Consideration of the Petition of Robert Bartlet. And have-
ing heard both partys, why remedy should not be provided for him ?
Resolved That the persons appearing at Newbury Court to answer
Erasmus James's Action, tho. a minor part of Twenty Six ought to
have been received as Defendants and accordingly heard.
That the persons appearing ought upon their challenge of an Ap-
peale to have been admitted thereto.
* See the private act of November 16, 1705, vol. VI., number 18.
144 Province Laws {Resolves etc.). — 1705-6. [Chaps. 71, 72. J
That the Judgem* given in the case by default is vitious and that by
an Act of this General Assembly the said Judgement & Execution
thereon ought to be dissolved. And that Bartlet be restored to his
Land ; and James to his right at law to proceed against any or all the
persons named in his writt now shewin in Court. [Passed Novem-
ber 9.
CHAPTER 71.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL KNOWLES, TO BE BY HIM PAID
TO SARAH CONANT, WIDOW OF JOSHUA CONANT, LATE GUNNER AT
THE FORT IN SALEM, TOWARDS THE MAINTENANCE OF HERSELF
AND HER CHILDREN, ETC.
Upon reading this day at the board a petition of Sarah Conant,
widow of Joshua Conant, dec* 1 -, praying payment of wages due to" her
said husband as gunner of her majestie's fort at Salem, with the resolve
of the representatives thereon ; viz., —
Resolved — That the Sum of Thirty Pounds, be Allowed, and Paid
out of the Publick Treasury, to Mf Samuel Knowles, to be by him paid
to Sarah Conant, the Petitioner, towards the Maintenance of her self,
& children, and that for the future, no further Petition be received in
this Court, on the affair Set forth in this Petition. [Concurred in by
the Council, and approved November 10.
CHAPTER 72.
VOTE PROMISING A CHARTER FOR ERECTING THE TRACT OF LAND
ON CAPE COD, COMMONLY CALLED PAWMET, INTO A TOWNSHIP BY
THE NAME OF DANGERFIELD, UPON CERTAIN CONDITIONS* [Ap-
proved November 13.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
* The " patent under the public seal " promised by this vote was never issued, probably
because of the failure of one or more of the conditions. On the 16th of July, 1709, how-
ever, an act was passed erecting Pawmet into a township by the name of " Truroe." See
the act in vol. I., of the Province Laws. See chapter 9, ante.
[3d Sess.] Province Laws (Resolves etc.). — 1705-6. 145
CHAPTER 73.
ORDER FOR GRANTING THE POWERS AND PRIVILEGES OF A TOWN-
SHIP BY THE NAME OF BROOKLINE TO THE INHABITANTS OF
MUDDY RIVER, A HAMLET OF BOSTON.* [Approved November 13.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 74.
ORDER DIRECTING THE PROVINCE TREASURER TO GIVE TO JOHN
BAKER, JUNIOR, LATE CONSTABLE OF BOSTON, A GENUINE TWENTY-
SHILLING BILL OF PUBLIC CREDIT, IN EXCHANGE FOR A COUN-
TERFEIT BILL OF THE SAME AMOUNT.
Ordered, That the treasurer be directed to accept the counterfeit bill
of credit of twenty shillings on this province, hereunto annex'd, of John
Baker, jun r -, late constable of Boston, and deliver to him a true bill of
the same sum for it. [Approved November 13.
CHAPTER 75.
VOTE APPROVING THE PROPOSAL OF THE GOVERNOR TO SEND
LETTERS RESPECTING THE EXCHANGE OF PRISONERS TO THE
GOVERNOR OF CANADA, BY AN INDIAN FROM ALBANY, ETC.
His excellency intimated to the council his expectations long since
to have had a return of the vessel dispatch'd to Canada in the begin-
ning of July last, with an answer from Mons r - Vaudreil for the articles
for exchange of prisoners offer'd to him by the hand of M r Courte-
manch, his commissioner sent hither on that affair, but having received
no letter from him, nor the vessel being come, he proposed the sending
of letters there by an Indian from Albany, and communicated what he
had written on that occasion, which was approved of by the council, as
also his letter to M r Schuyler, which was sent down to the representa-
tives, and the approbation of that house likewise signified. [Passed
November 13.
* See chapter 22, ante, and note. A new petition, reciting the proceeding on the peti-
tion of 1704, and praying that the Assembly " proceed to pass an act for the establishing
the said place a separate village or peculiar with such powers as " were prayed for in the
former petition, was read in the house November 2, and 3, 1705, and on the 9th it was
ordered that the prayer thereof be granted, and that the powers and privileges of a town-
ship be granted to the inhabitants, etc. This was read in Council a first time, November
10, and November 12 it passed the Board in concurrence. Under this latter date, Sewall
makes the following entrv in his Diary : " Brooklin is pass'd to be a Township by the
Council."— Vol. 2, p. 142.
146 Province Laws {Resolves etc.). — 1705-6. [Chaps. 76-78.]
CHAPTEE 76.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE GEN-
ERAL COURT UPON THE PETITION OF RICHARD CARR OF SALISBURY
COMPLAINING OF THE GRANT TO COLONEL JOHN MARCH OF A NEW
FERRY OVER THE LOWER PART OF MERRIMAC RIVER, AND DI-
RECTING THAT NOTICE THEREOF BE GIVEN, ETC.*
Upon reading this clay at the board the petition of Richard Carr of
Salisbury, within the county of Essex, marriner, setting forth his chal-
lenge to the ferry or ferrys over Merrimack River, and complaining of
a grant made to Coll. John March of a new ferry over the lower part
of the said river, and the order pass'd in the said house of representa-
tives upon the said petition ; viz., —
Ordered, That a hearing be granted upon this petition before this
court on the first Tuesday of the next session, and the parties con-
cerned to be notified accordingly.
Voted a concurrence with the represent™ 3 - to the above order. [Ap-
proved November 14.
CHAPTER 77.
ORDER FOR GRANTING A HEARING AT THE NEXT SESSION OF THE
GENERAL COURT UPON THE PETITION OF THE SELECTMEN OF THE
TOWN OF MARLBOROUGH PRAYING THE GENERAL COURT TO DE-
CIDE WHETHER OR NOT THE PROPRIETORS OF THE LAND WITHIN
SAID TOWN, GRANTED BY THE COLONY TO DOCTOR JOHN ALCOCK
OF ROXBURY, ARE LIABLE TO BE ASSESSED FOR THE LEGAL CHARGES
OF THE TOWN, ETC-t [Passed November 16.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 78.
DRAUGHT OF A LETTER TO THE GOVERNMENT OF CONNECTICUT IN
REGARD TO THE COMPLAINTS OF THE TOWNS OF ENFIELD AND
SUFFIELD, AND THE VOTE ORDERING THE SAME TO BE TRAN-
SCRIBED, SIGNED BY THE SECRETARY, AND FORWARDED.
Gent- — I am Commanded by his Excell? and the General Assembly
now Sitting to Acquaint you That they are followed with the repeated
Complaints of the Inhabitants of our western Towns of Enfield and
Suffield lying next adjacent to your Colony, That the people of Wind-
sor &c* continue their molestations and with force and violence des-
poyle them of the Fruits and profits of their Lands ; Which is very
Surpriseing, after so many Overtures & Concessions made on the part,
of this Government to accommodate and quiet the same, and to Issue
the groundless pretence of extending the Line of your Colony to take
in part of those Towns under your Government.
* See vote, 1693-4. chapter 12.
t See vote, 1704-5, chapter 119.
[3d Sess.] Province Laws {Resolves etc.). — 1705-6. 147
It will be remembred That the Line 01 the Massachusetts Colony
stated for above Sixty yeares past, did justly Include & comprehend
those Lands and accordingly the Governm- have exercised Jm-isdiction
there, before there was any Establish'd Government in Connecticott,
and many years before the Grant of your Charter ; which is bounded
upon the Line of the Massachusetts. Yet, notwithstanding the Just
Claim of this Government to Jurisdiction, They have at all times De-
clared That they had no Intent to Infringe any persons right or prop-
erty ; Nor do they Expect by Length of time to proscribe you of any
Challenge before a proper Judicature ; But his Excellency may no more
consent to part with any part of this Province, the Government whereof
is committed to him by Her Ma? 3 Letters Patents, than to extend his
Government beyond it, without Her Ma'? 9 Especial Command ; And if
this Contest cannot be otherwise compromised, It must finally be refer'd
to Her Majesty for Her Royal Determination, and to no other Authority.
And it may not be unworthy your Consideration, rebus sic stantibus,
Whither it will be the Advantage and Interest of your Governm? to
Enforce his Excellency, by the disquiet given to Her Maj? 8 good Sub-
jects, to open & lay the matter before Her Majesty, and humbly to
pray Her Ma'f 8 Direction & Order therein which he hath hitherto for-
borne to do, and is still unwilling if your Selves see meet to prevent
it, by Effectually restraining yol People from their forceable and violent
Actions. —
And if any dispute about Title of Land or other matters of meum
and tuum arise betwixt particular persons, Her Ma 1 ? 3 Courts within this
Province are open to any of Her Ma'? 3 Subjects in either Government ;
where Justice shall be done themy.
For the Govern? & Council of Connecticott. —
Nov! 16 th 1705. In Council. — Read and pass'd to be fairly tran-
scribed, Signed by the Secret? & sent forward. —
Sent down for concurrance./ Isf; Addington Se<£
In the House of Representatives Nov' 16 : 1705. Read, & Concurr'd
Thomas Oakes Speaker
[Passed November 16.
CHAPTER 79.
VOTE DIRECTING THAT THE FIVE THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT ORDERED TO BE PRINTED JUNE 30, 1705,* BE
FORTHWITH UNDERTAKEN BY THE COMMITTEE APPOINTED FOR
THAT PURPOSE.
A message from the representatives by M r - Jewett and M r - Blagrove,
that the five thousand pounds in bills of credit on this province, ordered
by this court, at their session in May % past, to be imprinted, be forth-
with proceeded on ; and the council accordingly directed that the com-
mittee proceed thereon. [Passed November 16.
* See chapter 44, ante.
148 Province Laws {Resolves etc. ) . — 1705-6. [Chaps. 80-82.]
CHAPTER 80.
ORDER DIRECTING THAT CAPTAIN JOHN LANE AND OTHER INHABI-
TANTS AND FREEHOLDERS OF THE TOWN OF BILLERICA* BE EN-
TITLED TO A PROPORTIONABLE SHARE IN ALL FUTURE DIVISIONS
OF UNDIVIDED AND WASTE LANDS BELONGING TO SAID TOWN,
ETC. [Approved November 16.
[Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.']
CHAPTEE 81.
ORDER FOR PAYING TO THOMAS CUSHING OF BOSTON, THE WAGES
OF HIS APPRENTICE, SAMUEL K.IRBY, IMPRESSED FOR THE
QUEEN'S SERVICE AT THE CASTLE, IN DECEMBER, 1704, AND WHO
HAS SINCE DESERTED, ETC.
Upon reading this day at the board a petition of Thomas Cashing
of Boston, setting forth that his apprentice, Samuel Kerby, being im-
press'd for her majestie's service at the castle in December, 1704, and
having served there until the sixth of July following and then run, and
that he was in advance for him, in clothing and other necessaries, nine
pounds odd shillings, w ch> is forty shillings more than the amount of
his wages, and lost more than two years' service, praying that he may
receive his wages, and the order of the represent™ 3 - thereon ; viz., —
Ordered That the Prayer of the above Petition be Granted and wages
be paid accordingly, Subducting what has been receivd of the Comis-
saries, if any hath been. [Concurred in by the Council, and approved
November 20.
CHAPTER 82.
RESOLVE FOR ALLOWING AND PAYING NINETEEN POUNDS OUT OF
THE PROVINCE TREASURY TO JOSEPH SHELDIN AND JONATHAN
REMINGTON, CONSTABLES OF THE TOWN OF SUFFIELD, IN FULL
OF THEIR ACCOUNT OF EXPENSES AND DAMAGE DURING THEIR
IMPRISONMENT AT HARTFORD FOR RESISTING THE ENCROACH-
MENTS OF CONNECTICUT UPON SAID TOWN.
Upon reading this day at the board a petition of Joseph Shelden
and Jonathan Remington, constables of Suffleld, with an accompt
annex'd of their charges and damages by being imprisoned at Hart-
ford for asserting the right of this government to the said township
against the encroachments of the government of Connecticut, sent up
from the represent™- with the resolve of that house thereon ; viz., —
Resolved, That the sum of ten pounds and ten shillings be allowed
and paid out of the publick treasury to Joseph Shelden, one of the
petitioners, and the sum of eight pounds ten shillings to Jonathan
Remington, the other petitioner, in full of this accompt. [Concurred
in by the Council, and approved November 20.
• See chapter 18, ante.
[3d Sess.] Province Laws ( Resolves etc. ) . — 1705-6. 149
CHAPTER 83.
VOTE APPROVING THE DRAUGHT OF A LETTER* TO THE GOVERNOR
OF NEW YORK, FOR HIS ADVICE UPON THE PROPOSITIONS OFFERED
BY THE GOVERNOR OF CANADA, ETC.
His excellency communicated to the council and representatives
the draught of a letter to his excy. the Lord Cornbury of New York,
for his advice upon the propositions, offered by Mons r * Vaudreuil,
governour of Canada ; w ch- was approved. [Passed November 26.
CHAPTER 84.
RESOLVE FOR PAYING EIGHTEEN POUNDS SIX SHILLINGS AND NINE-
PENCE OUT OF THE PROVINCE TREASURY TO CAPTAIN SAMUEL
VETCH, TO REIMBURSE HIM THE AMOUNT OF THE SUPPLIES HE
FURNISHED TO REVEREND JOHN WILLIAMS, NOW A PRISONER AT
QUEBEC.
The following resolve pass'd in the house of representatives upon
the petition of John Williams, minister, now prisoner at Quebeck ;
viz . , —
Resolved, That the sum of eighteen pounds six shillings and nine-
pence be paid out of the publick treasury to Cpt. Samuel Vetch, to
imburse him the same sum which he supplied M r - Williams, the above-
named petitioner. [Concurred in by the Council, and approved No-
vember 28.
CHAPTER 85.
ORDER FOR THANKING THE GOVERNOR FOR HIS EFFORTS TO OB-
TAIN THE RETURN OF PRISONERS FROM CANADA, AND FOR ADVIS-
ING HIM AS TO HIS ACTION ON THE PROPOSALS OF THE GOVERNOR
OF CANADA RESPECTING A TRUCE AND EXCHANGE OF PRISONERS,
ETC.
Upon Reading the Letters, and Articles for a Truce, and Exchange
of Prisoners, lately received from the Governour of Canada.
Ordered — That the Thanks of this House be Rendered to His
Excellency the Governour for his Care, & Endeavours, to Obtain the
Return of our Prisoners.
And That His Excellency be assured We shall not be wanting, to
do what is proper, for us according to the utmost of our ability, for
the Defence of this Her Maj u f s Province, Trusting in the good Provi-
dence of God, for our Security, But Think It not advisable, nor Con-
sistent with Her Maj'!!! Honour, or the just Rights, and Interests of
this Her Province, That the articles offered by the Governour of
Canada should be Complied withall,
And as His Excellency was Pleased formerly to advise with this
* No copy of this letter has been found in the archives.
150 Province Laws {Resolves etc.). — 1705-6. [Chaps. 86-88.]
House, referring to His offer to the Govern? of Canada, for the Ex-
change of Prisoners, and lately to Communicate to Us, the articles,
Sent in July last to the s d Govern? of Canada, for Exchange of Prison-
ers and his Letter to His Excellency the Govern? of New York, relat-
ing to the s d affair with which we are well Satisfied : So We Shall leave
It with His Excellency and Councill, upon advice from the Govern? of
New York to Return answer to the s? articles Proposed by the Govern?
of Canada, in such manner as shall be Consistent, with Her Majes-
ties Honour, and the just Interests of Her Subjects of this Province,
whom we Represent. [Concurred in by the Council, and passed
November 30.
CHAPTER 86.
ORDER APPOINTING A COMMITTEE TO HEAR THE PARTIES TO THE
CONTROVERSY IN THE TOWN OF LANCASTER RESPECTING THE
SITE OF THEIR NEW MEETING-HOUSE, ETC. [Approved November 30.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 87.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS TO ISAAC
ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAOR-
DINARY SERVICES DURING THE YEAR ENDING DECEMBER, 1705.
Resolved, That the sum of fifty pounds be allowed and paid out of
the publick treasury to the Hon ble - Isaac Addington, Esq r -, for his ex-
traordinary service for this province the year currant, ending in De-
cember next. [Approved November 30.
CHAPTER 88.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
ANDREW BELCHER FOR HIS SERVICES AS COMMISSARY-GENERAL
DURING THE YEAR ENDING AUGUST 19, 1705.
Resolved, That the sum of two hundred pounds be allowed and paid
out of the publick treasury to Andrew Belcher, Esq r- , commissary-
general, for his good service in that office the year past, ending the
nineteenth day of August last. [Approved November 30.
[3d Sess.] Province Laws {Resolves etc.). — 1705-6. 151
CHAPTEE 89.
RESOLVE FOR ALLOWING AND PAYING SIXTY POUNDS TO SAMUEL
WILLARD, VICE-PRESIDENT OF HARVARD COLLEGE, FOR HIS SER-
VICES DURING THE YEAR ENDING SEPTEMBER 30, 1705.
Resolved That the Sum of Sixty Pounds be Allowed, and Paid out
of the publick Treasury to the Reverend Mf Samuel Willard Vice Presi-
dent of Harvard Colledge, for his Service the Year past expiring the
thirtieth day of Septemf last. [Approved November 30.
CHAPTER 90.
RESOLVE FOR THE FURTHER ALLOWANCE OF SIXTEEN POUNDS TO
JOHN WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS
SERVICES DURING THE CURRENT YEAR.
Resolved, That the sum of sixteen pounds be further allowed and
paid out of the publick treasury to M r - John White, clerk of this house,
for his service the year currant, ending in May next. [Concurred
in by the Council, and approved November 30.
CHAPTER 91.
RESOLVE FOR ALLOWING AND PAYING TWENTY-TWO POUNDS OUT OF
THE PROVINCE TREASURY TO JOHN BORLAND, IN FULL FOR THE
TRANSPORTATION OF ELEVEN CAPTIVES FROM CANADA.
Resolved — That the Sum of Twenty & Two Pounds be allowed, and
Paid out of the publick Treasury to M? John Borland in full for the
Passage, of Eleven Captives, brought in a vessell of His from Canada.
[Approved November 30.
CHAPTER 92.
RESOLVE DECLARING. THE COMPLAINT OF SEVERAL OF THE GARRISON
AT CASTLE WILLIAM, IN REGARD TO THE CLOTHING SUPPLIED BY
THE COMMISSARY-GENERAL, TO BE GROUNDLESS.
In Council. NovL ult. 1705-/.
Whereas Several of the Garison at Her Ma'! 8 Castle William were
heard before this Court upon a Petition prefer'd by them, therein Com-
plaining of the Meanness of the Clotheing Supplyed by mi Commissary
General, And the Clotheing Shewn forth, and mi Commissary setting
forth the prices whereat the s 1 ? Clothing was charged ; which are judged
to be moderate and the Clotheing good & Serviceable.
152 Province Laws {Resolves etc.). — 1705-6. [Chaps. 93,94.]
Resolved That the said Complaint is groundless and no Just cause
for the same-/.
Sent down for concurrance/. Isf Addington Secry
In the House of Representatives. Novf ultf 1705: Read. Decf 1?
Read and
Ordered a Concurrence with the following Addition,* That Their
Complaint for want of Pay is not groundlesse, and their not being
paid is grievous to this House, Since this Court have made Provision
that souldiers Should be paid once in four months.
Thomas Oakes Speaker
[Passed December 1.
CHAPTER 93.
RESOLVE FOR THANKING CAPTAIN NATHANIEL CARY FOR HIS SER-
VICES FOR THE PROVINCE, AND FOR ALLOWING AND PAYING HIM
THREE HUNDRED TWENTY-SIX POUNDS EIGHT SHILLINGS AND
EIGHTPENCE OUT OF THE PROVINCE TREASURY FOR HIS WAGES
AND EXPENSES IN PROCURING ORDNANCE AND MUNITIONS OF WAR
FROM ENGLAND.f
The following resolve pass'd by the represent ves - upon the accompts
of Cpt. Nath u - Carey, latel} 7 employed on a voyage to England in the
service of this province ; viz., —
Resolved, That the thanks of this court be given to Cpt. Nathaniel
Carey for his good service, and that the sum of three hundred twenty
and six pounds eight shillings and eightpence be allowed and paid to
him out of the publick treasury, in full of his accompt of wages, ex-
pence, and charge of ordnance and stores ordered by her majesty for
the service of this province. [Concurred in by the Council, and ap-
proved December 1.
CHAPTER 94.
RESOLVE FOR ESTABLISHING THE WAGES OF THE OFFICERS AT
CASTLE WILLIAM DURING THE WAR, ETC.
This House duly Considering what great Conseqvence, Her Majes-
ty's Castle William, is of, for the Safety, and Defence of this Her
Majesties Province, and apprehending, it very unsafe. That Two Such
Important Offices, as Lieutenant, and Master-Gunner, of the Said ffor-
tification, be Sustained by one, and the Same Person, more especially
in a time of War.
Earnestly move His Excellency That the said Two Offices, may be
Committed, to two Severall Suitable Persons, and be exercised Sep-
arately.
And Resolve That for and during the present War with ff ranee, and
Spaine, there be Paid out of the Publick Treasury, the sum of Sixty
Pounds, ^j annum, to the Lieutenant of the Castle, and the Sum of
*This " addition" appears not to have been concurred in by the Council. The rest of
the resolve seems to have been passed as effectually as if the House, in their vote, had
stopped at the word " concurrence."
t See vote, 1704-5, chapter 42.
[3d Sess.] Province Laws (Resolves etc.). — 1705-6. 153
forty Pounds p annum to the Master-Gunner, and that the Lieutenant
be Paid the Arrears of what wages is due to him, after the Same Rate
of Sixty Pounds $> annum. [Concurred in by the Council, and passed
December 1.
CHAPTER 95.
ORDER FOR ALLOWING AND PAYING TEN POUNDS AND SIXTEEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO MATTHEW
CAREY, AND NINE POUNDS TEN SHILLINGS AND FOURPENCE TO
THOMAS SILL* FOR THEIR SERVICES AS WAITERS TO THE IMPOST
OFFICE TO NOVEMBER 30, 1705.
Ordered, That the sum of ten pounds and sixteen shillings be al-
lowed and paid out of the publick treasury to Matthew Carey, and the
sum of nine pounds ten shillings and fourpence to Thomas Scill, for
their service as waiters on the impost office to the thirtieth of Novem-
ber past. [Approved December 1.
CHAPTER 96.
RESOLVE FOR EMITTING EIGHT THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT; AND FOR GRANTING A TAX OF TEN THOUSAND
POUNDS. [Approved December 3.
[Printed in the notes to the acts of the year 17 05-6. ~]
CHAPTER 97.
RESOLVE PROVIDING FOR THE PAYMENT OF DEBENTURES FOR
SOLDIERS' WAGES. [Approved December 3.
[Printed in the note to the act of September 9, 1703-4.']
CHAPTER 98.
RESOLVE FOR PAYING TEN POUNDS OUT OF THE PROVINCE TREAS-
URY TO JOHN FISHER FOR HIS SERVICES IN THE CARE OF THE
FRIENDLY INDIANS AT NATICK.f
The following resolve pass'd in the house of represent™ - upon the
petition of Sergeant John Fisher, praying payment for his service in
the care in looking after the friend Indians of Natick, was read and
concur' d ; viz., —
Resolved That The sum of Ten Pounds be paid out of the Publick
Treasury to the Petitioner [Approved December 5.
* Savage gives this name as " Sill, Syll or Scill."
t See order of 1703-4, chapter 121.
154 Province Laws {Resolves etc.). — 1705-6. [Chaps. 99-101.]
CHAPTER 99.
ORDER FOR DEDUCTING TWO POUNDS SEVEN SHILLINGS AND FOUR-
PENCE FROM THE WAGES DUE TO SAMUEL LITTLEFIELD; BEING
THE AMOUNT OF A DEBENTURE ISSUED BY MISTAKE, AND FOR
ALLOWING NEHEMIAH HUNT CREDIT THEREFOR; ALSO FOR ALLOW-
ING COMPENSATION TO HENRY EMMES FOR SUMMONING WITNESSES,
AND TO SAID HUNT FOR RETURNING THE DEBENTURE TO THE
PROVINCE TREASURER.
Ordered, That the sum of two pounds seven shillings and fourpence
be subducted out of the wages remaining due to Sam u - Littlefield, and
that Nehemiah Hunt, constable of the town of Concord, have credit
with the treasurer the said sum of two pounds seven shillings and
fourpence ; the said Littlefield and his father having had and disposed
of two debentures of the value aforesaid for one and the same ser-
vice ; and that the sum of fourteen shillings be allowed and paid out of
the publick treasury to M r - Henry Emms (messenger of the house) ,
sent to summon Capt a - Tilestone and the said Littlefield to attend this
court ; and that the sum of twelve shillings be paid to the said Nehe-
miah Hunt, who brought in the mistaken debenture into the treasury.
[Approved December 5.
CHAPTER 100.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of two hundred pounds be allowed and paid
out of the publick treasury to his excy. Joseph Dudley, Esq 1 " - , captain-
general and governour-in-chief of this her majestie's province, for his
support in managing the affairs of the governm'-. [Approved Decem-
ber 5.
CHAPTER 101.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS OUT OF
THE PROVINCE TREASURY TO WILLIAM DUDLEY FOR HIS SER-
VICES AND EXPENSES IN PROCURING THE RETURN OF CAPTIVES
FROM CANADA.
Resolved That the sum of Thirty Pounds be Allowed, and Paid out
of the publick Treasury to Mf William Dudley, for his Expences and
Trouble, in Obtaining Captives, at Canada [Approved December 5.
[3d Sess.] Province Laws {Resolves etc.). — 1705-6. 155
CHAPTER 102.
ORDER DIRECTING THAT TWO IRRELIGIOUS, PROFANE AND SCAN-
DALOUS PRINTED PAMPHLETS, WITH A LETTER SUBSCRIBED
JOHN ROGERS AND JOHN ROGERS, JUNIOR, BE PUBLICLY BURNED
IN BOSTON*
Ordered That two Irreligious prophane & Scandalous printed Pam-
phlets sent to this Court, with a Letter Subscribed John Rogers &
John Rogers jun* be burn'd in the great Street in Boston neer the
whipping Post, by the Common Execution' on the morrow at one
aclock afternoon. [Approved December 5.
CHAPTER 103.
ORDER APPOINTING A HEARING ON THE PETITION OF FAITH WALDO,
PRAYING FOR LEAVE TO SELL THE REAL ESTATE OF HER LATE
HUSBAND, JEREMIAH JACKSON, DECEASED; AND FOR NOTIFYING
THE HEIR OF SAID JACKSON, ETC.
A petition of Faith "Waldo, praying to be impowered to make sale
of a house and land belonging to the estate of her former husband,
Jeremiah Jackson, dec d- , was read and, —
Ordered, That this petition be refer'd to the next session of this
court, to be heard on the first Tuesday thereof, and that the heir of
Jeremiah Jackson be notified thereof and directed to attend at that
time. [Approved December 5.
CHAPTER 104.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE
GENERAL COURT ON THE PETITION OF ABIGAIL WATKINS, WIDOW
OF JOHN WATKINS, LATE OF CHARLESTOWN, DECEASED, PRAYING
FOR LEAVE TO SELL THE ESTATE OF SAID DECEASED FOR THE
PAYMENT OF HIS DEBTS; AND FOR NOTIFYING THE HEIRS OF SAID
WATKINS, ETC.
A petition of Abigail Watkins, relict and administ x - of the estate
of John Watkins, late of Charlestown, dec d -, praying liberty to sell the
estate of her said late husband for payment of debts and supply of her
necessities, was read and, —
Ordered That this Petition be Referred to the next session of this
Court, to be heard on the first Thursday thereof, and That the heires of
John Watkins be notified thereof & Directed to attend. [Approved
December 5.
* These two persons (father and son) were, respectively, the founder of the sect called
" Rogerenes." and his disciple.
156 Province Laws (Resolves etc.). — 1705-6. [Chaps. 105,106.]
ORDERS, VOTE AND RESOLVES
Passed at the Session begun and held at Boston,
on the Tenth day of April, A.D. 1706.
CHAPTEK 105.
ORDER AUTHORIZING JOHN PITTS AND SAMUEL HOLLAND OF BOSTON
TO BRING AND PROSECUTE A WRIT OF REVIEW OF THE JUDGMENT
RENDERED AGAINST THEIR TENANTS, BY DEFAULT, IN AN ACTION
OF EJECTMENT BROUGHT BY JAMES MEINZIES IN THE INFERIOR
COURT OF COMMON PLEAS FOR MIDDLESEX COUNTY.
Upon reading the petition of John Pitts and Samuel Holland of Bos-
ton, merchants, setting forth their aggrievance at a judgement given by
default at an inferiour court for the county of Middlesex upon a writt of
ejectment brought by James Menzies against their tenants of a certain
house and land in Charlestown ; and upon the said James Menzies'
appearance and his own free submission, —
Ordered That the Pet" John Pitts and Samuel Holland be and
hereby are Impowred in their own names to bring & prosecute a Writ
of Review of the cause mentioned in the Pet c ° n at the next Inferiour
Court for the County of Midd* & to carry the same through the course
of the Law. — [Approved April 11, 1706.
CHAPTER 106.
ORDER FOR CONTINUING TO THE NEXT SESSION OF THE GENERAL
COURT THE SEVERAL HEARINGS REFERRED TO THE PRESENT
SESSION.
Ordered, That the hearings* refer'd to this sessions be continued
and attended upon the second Wednesday of the next session of this
court. [Approved April 11, 1706.
* Sic: in the Library series ; but " hearing " in the series of records in the Secretary's
office.
[4th Sess.] Province Laws {Resolves etc.). — 1705-6. 157
CHAPTER 107.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL BUTTERFIELD OF CHELMSFORD,
TAKEN PRISONER BY THE INDIANS IN 1704 WHILE IN THE QUEEN'S
SERVICE, FOR HIS LOSSES AND WAGES.
Upon heading the petition of Samuel Butterfield setting forth his
being taken captive by the Indian enemy, cruelly used and strip'd of
all, having kill'd one of them after they had seized him, —
Resolved That the Sum of Five Pounds be Allowed, & Paid out of
the Publick Treasury, to Sam 1 . 1 Butterfield the Petitioner in Considera-
tion of his Losse, & service. [Approved April 11, 1706.
CHAPTER 108.
VOTE FOR ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED
TO AUDIT THE ACCOUNTS OF ANDREW BELCHER, COMMISSARY-
GENERAL.
The report of the audit appointed upon the accompts of Andrew
Belcher, Esq r -, commissary-general, from the tenth of October past,
together with the accompts, amounting to five thousand seveu hundred
eighty-one pounds thirteen shillings and eleven pence, including the
former ballance, was presented, whereby it appears that on the 80 th
clay of March, 1706, there was due from the province to the said An-
drew Belcher the sum of two thousand fifty-nine pounds nineteen shil-
lings and sixpence, there being a warrant of his excellency and council
dated the 22 d of February last, to the treasurer to pay to the said Bel-
cher fifteen hundred pounds, which sum he has not yet received nor
any part thereof, and therefore has not given credit to the province for
the same in this accompt.
W ch - report was read and accepted. [Approved April 12, 1706.
CHAPTER 109.
ORDER APPOINTING A COMMITTEE TO PURCHASE TWENTY BARRELS
OF GUNPOWDER FOR THE USE OF THE PROVINCE.
Ordered — That Twenty Barrels of good Gunpowder, be Purchased,
at the Charge, and for the Service of the Province, at the best Rate
that may be.
That the Commissary Gener 1 ' L| Col? Samuel Checkley, and MT Eli-
zur Holyoke be a Committee to Effect the Same. [Approved April 12,
1706.
158 Province Laws {Resolves etc.). — 1705-6. [Chaps. 110-112.]
CHAPTER 110.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF
THE PROVINCE TREASURY TO JOHN CAMPBELL FOR HIS SERVICES
IN CONVEYING LETTERS ON THE QUEEN'S SERVICE BY THE
WEEKLY POST FOR THE YEAR PAST, ETC.
Resolved — That the Sum of Twenty Pounds, be allowed, & Paid
out of the publick Treasury to John Campbell the Petitioner in con-
sideration of his Service, in conveying of Letters, on her Maj"? 8 Ser-
vice, by the weekly Post, the last year, and the like Sum of Twenty
Pounds, for the Said Service the year currant ending the first day of
July next.
Sent up for Concurrence. Thomas Oakes Spedk[
April. 12 th 1706. In Council. Read and vot^ a Concurrance to the
first twenty pounds for the year past. The other Twenty pounds
refer'd to Consideration at the next Session, the year not being up.
Is* Addington Secry.
[Approved April 12, 1706.
CHAPTER 111.
RESOLVE FOR EMITTING FOUR THOUSAND POUNDS IN BILLS OF
PUBLIC CREDIT; AND FOR GRANTING A TAX TO MAKE UP ANY
DEFICIENCY IN THE FUND FOR REDEEMING THE SAME. [Approved
April 12,1706.
[Printed in the notes to the acts of the year 1705-6.']
CHAPTER 112.
ORDER FOR A BRIEF TO BE CIRCULATED THROUGHOUT THE PROV-
INCE FOR CONTRIBUTIONS TO RELIEVE THE DISTRESSED INHAB-
ITANTS OF THE ISLAND OF SAINT CHRISTOPHER, ETC.
Ordered That His Excellency the Govern? & the Councill be Desired
to Issue forth, Briefs to the Severall Towns, & Precincts of this Prov-
ince, exciting them to expresse their Charity by free Contribution for
the Relief of the Distressed Inhabitants of the Island of Saint Christo-
phers, and Appoint a suitable Person or Persons to receive what shall
be Collected, and vest and forward the same, in Provisions, as soon
as may be without any charge to the Province \_Approved April 12,
1706.
RESOLVES, ORDERS AND
VOTES,
Passed 1706—7.
[159]
LEGISLATIVE LIST
i 706-7.
His Excellency JOSEPH DUDLEY,
Captain-General, and Governor-in-chief, etc.*
ISAAC ADDINGTON, Esq.,
SECRETARY of the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the inhabitants of, or proprietors of, lands within the territory formerly called
the Colony of the Massachusetts Bay : —
Wait Winthrop, Esq., Jonathan Corwin, Esq.,
James Russell, Esq., John Foster, Esq.,
John Hathorne, Esq., Penn Townsend, Esq.,
Ephraim Hunt, Esq..+ John Higginson, Esq.,
Elisha Hutchinson, Esq., Andrew Belcher, Esq.,
Samuel Sewall, Esq., Samuel Partridge, Esq.,§
William Browne, Esq., J Edward Bromfield, Esq.,
Isaac Addington, Esq., Samuel Legg, Esq.,
John Phillips, Esq., Samuel Appleton, Esq.
Of the inhabitants of, or proprietors of, lands within the territory formerly called
New Plymouth : —
John Thacher, Esq., Nathaniel Paine, Esq.,||
Isaac Winslow, Esq., John Cushing, junior, EsQ.f
Of the inhabitants of, or proprietors of, land within the territory formerly called
the Province of Maine : —
Eliakim Hutchinson, Esq., Benjamin Browne, Esq.,**
Ichabod Plaisted, Esq. ft
* For the full title, see vol. VII., p. 331.
t Elected June 6, in place of Elisha Cooke who was negatived by the Governor.
% " Brown," in the Secretary's list.
§ " Patridge." in the Secretary's list.
|| " Payne," in the Secretary's list.
IT The "junior" is omitted in the Secretary's list.
** " Brown," in the Secretary's list. He was elected June 6, in place of Joseph Hammond who wae
negatived by the Governor.
ft Plaisted appears not to have been sworn until the seventh of August.
[161]
162 Province Laws (Resolves, etc.). — 1706-7. [Representatives.]
Of the inhabitants of, or proprietors of, land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
John Leverett, Esq.
For the Province, at large : —
John Wallet, Esq., John Appleton, Esq.
REPRESENTATIVES or DEPUTIES.
May 29, 1706 to April 17, 1707.
Mr. THOMAS OAKES, Speaker.
Boston,
Boxbury,
Dorchester,
Milton,
Mendon,
Braintree,
Weymouth,
Hi?igham,
Dedham,
Mcdfield,
Brookline,
County of Suffolk.
Mr. Thomas Oakes,*
Col. Samuel Checkley,
Capt. Ephraim Savage,
Mr. Elizur Holyoke.
Mr. William Denison.
Mr. Hopestill Clap.
Capt. Thomas Vose.
Sergeant William Holbrook,
Mr. John Baxter.
Capt. Stephen French.
Maj. Samuel Eells.J
Mr. John Fuller.
Mr. Henry Adams.
Mr. John Winchester.
County of Essex.
Mr. Benjamin Lynde,
Mr. Daniel Epes.§
Capt. Henry Somerby.||
Mr. John Pooled
County
Marblehead,
Beverly,
Wenham,
Topsfield,
Ipswich,
Bowley,
' Boxford,
Andover,
Gloucester,
Haverhill,
Salisbury,
Amesbury,
of Essex — Concluded.
Capt. John Calley.
Mr. Samuel Balch.
Deacon William Fiske.**
Mr. Elisha Perkins.
Mr. Nehemiah Jewett,
Mr. William Goodhue.
Mr. John Dresser.
Mr. Thomas Perley.ff
Capt. Christopher Osgood.
Mr. Benjamin Haskall.JJ
Mr. James Saunders.
Mr. Richard Hubbard.
Mr. Thomas Harvey. §§
County of Middlesex.
Cambridge,
Charlestown,
Watertown,
Woburn,
Capt. Thomas Oliver. |||| %
Capt. Nathaniel Cary.^
Jonas Bond, Esq.
James Converse, Esq.,***
Ensign John Peirce.
Salem,
Newbury,
Lynn,
* " Okes," in the town records, and "Oaks," in the Secretary's list.
t Not in the Secretary's list although he was sworn. At a town meeting held Jan. 6, 1706-7, the
following acknowledgment of indebtedness was voted : " To Sergt. William Holbrook for serving as the
town's Representative 61 Days and mony expended nine pound five shillings."
X " Eels," in the Secretary's list.
§ Josiah Wolcott was chosen to serve with Lynde May 13, but subsequently, and before qualifying,
declined and was excused. At a town meeting held June 14, on the call of the selectmen but apparently
not by precept from the representatives, Epes was chosen to fill the vacancy.
|| " Somersby," in the Secretary's list, and signed with a circumflex, apparently to show that the writer
spelled his name with two m's.
II "Pool," in the Secretary's list.
** Erroneously written "Mr. Samuel," in the Secretary's list.
ft " Peerly," in the Secretary's list.
XX " Haskell," in the town records.
§$ He was sworn, and his election is shown by the town records, but his name is not in the Secretary's
list.
Illl John Leverett was chosen at the town meeting in May, but was elected to the Council, and, on the
fifth of June, Oliver was chosen in his place.
KU " Carey," in the Secretary's list.
*»* " Convers," in the town records. He was chosen May 13, but died, according to Savage, July 8th,
ae. 61. A precept was issued by the House for the choice of a successor, or successors, and, on the
thirteenth of August, Ensign Peirce was chosen. He took and subscribed the qualifying oaths on the
twenty-fifth of October.
[Representatives.] Province Laws (Resolves, etc.). — 1706-7. 163
County of Middlesex — Concluded.
Maiden, Mr. Ebenezer Hill.*
Reading, Maj. Jeremiah Sweyne.f
Billerica, Lieut. John Stearns.
Concord, Mr. William Wilson.
Chelmsford, Capt. Jerahmeel Bowers.
Sudbury, Deacon Edmund Rice.J
Dunstable, Lieut.-Col. Jonathan Tyng.
Groton, Mr. Simon Stone.
Lancaster, Mr. John Houghton.
Marlborough, Capt. Thomas How.
Newton, Mr. John Spring.
Sherburne, Lieut. Jonathan Morse.§
County of Hampshire.
Springfield, Joseph Parsons, Esq.
Northampton, Mr. Ebenezer Strong.
Eadley, Mr. Daniel Marsh.
Hatfield, Deacon Samuel Marsh. ||
County of Plymouth.
Plymouth, Mr. Nathaniel Morton.
Scituate, Mr. John Barker.
County of Plymouth — Concluded.
Marshfield,
Duxbury,
Bridgewater,
Barnstable,
Eastham,
Yarmouth,
Mr. Ephraim Little.
Capt. Seth Arnold.
Mr. David Perkins.
Mr. Samuel Hinckley.^
Mr. Samuel Knowles.
Mr. Zachariah Paddocke.
County of Bristol.
Bristol, Mr. Nathaniel Blagrove.
Taunton, Mr. Robert Crosman.
Rehoboth, Ensign Moses Read.**
Little Compton, Col. Benjamin Church.ff
Swanzey, Mr. Hezekiah Luther.
County of York.
York, Samuel Donnell, Esq.JJ
Kittery, Mr. Joseph Hammond.§§
Island of Nantucket
Capt. Richard Gardner.
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor and General Court.
HENRY EMMES, Messenger of the House of Representatives. \\\\
* " Hills," in the Secretary's list.
t " Swain," in the Secretary's list.
X " Deacon," in the town records, but " Mr.," in the Secretary's list.
$ " Lieut.," in the town records, but " Mr.," in the Secretary's list.
|| " Deacon," in the town records, but " Mr.," in the Secretary's list.
IT " Hinkley," in the Secretary's list.
** " Ensign," in the town records, but " Mr.," in the Secretary's list.
ft From the town records. Although he subscribed the qualifying oaths his name is not in the Secre-
tary's list.
++ " Donnel," in the Secretary's list.
§§ " Joseph Hammond, Esq.," in the town records, but " Mr. Joseph Hammond, junior," in the Secre-
tary's list. He wrote his surname, " Haihond."
Illl He served as messenger during the first and second sessions. See chapter 86, post.
RESOLVES, ORDERS AND VOTES
Passed at the Session begun and held at Boston,
on the Twenty-ninth day of May, A.D. 1706.
CHAPTER 1.
RESOLVE APPOINTING A HEARING ON THE PETITION OF THE IN-
HABITANTS OF THE TOWN OF LANCASTER FOR A SETTLEMENT OF
THE CONTROVERSY RESPECTING THE SITE OF THEIR MEETING-
HOUSE.*— [Approved June 1.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 2.
RESOLVE FOR APPOINTING A COMMITTEE TO IMPRESS ONE HUN-
DRED AND TWENTY-SIX BARRELS OF GUNPOWDER FOR THE
QUEEN'S SERVICE; AND DIRECTING THE PROVINCE TREASURER
TO DISTRIBUTE PART OF IT AMONG THE TOWNS, ETC.
In y e house of Representatiues
Resolued. That 126 Bar* 3 of Gun powder be taken up for y e Queens
Seruice w 4n in this province : & y 4 Con. Sam? Cheekley M r Elizer Holi-
oake are appoynted a Comitte to Joyne w th a Comitte of y e Hon r ble
Board to $>forme y e same, & y 4 a Sutable Quantity of y e sd powder
be Order d for y e vse of y e Respectiue Townes, & y 4 it be Lodged in
y e hands of y e province Treasure 1 " who shall dispose of it, to y e Select-
men of Each Towne (y 4 want) to Compleat their stock as y e Law
directs as also 30" of s d powder to Each Towne of Sixty Men & other
Townes according to proportion for y e supplying of ^ticuler <g»sons to
Make up their stock as y e Law directs ; & y 4 y e Selectmen haue it at
y e Rate as it is purchased by y e province : the sd Comitte are not to
Engage to be pd to those they receive y e powder of, aboue Eleuen
pounds ten shillings ,gj Barrell.
W eh - resolve, being read at the board, was agreed to, and Elisha
Hutchinson and Penn Townsend, Esq r % were named a committee of
the board to join the comm 4ee - of the represent™*- in that affair. [Ap-
proved June 4.
* See order, 1705-6, chapter 86.
[165]
166 Province Laws {Resolves etc.), — 1706-7. [Chaps. 3-5.]
CHAPTER 3.
ORDER FOR APPOINTING A COMMITTEE TO CARRY INTO EFFECT THE
RESOLVE OF NOVEMBER 7, 1705, FOR MAKING A PRESENT TO COL-
ONEL ROMER AND HIS SON. •
In the House of Representatives. June 5' h 1706.
Ordered — That Col? Samuel Checkley, and Capt? Nathaniel Carey
be a Committee to Joine, with Such as the Hon b ! e Board Shall Appoint,
to Effect, what was Voted by this Court, in Novf last, as a Gratifica-
tion to Col? Romer, & his Son.
Sent up for Concurrence Thomas Oakes Speak r
June. 6° 1706. In Council. Read and pass'd a concurrance, And
the Secretary & And* Belcher Esq?, were named a committee of the
Board for the aff ayre aboves? —
Isf Addington Secry. —
[Passed June 6.
CHAPTER 4.
VOTE ADVISING THE GOVERNOR TO ACCEPT THE OFFER OF OWA-
NECO, AN INDIAN CHIEF, TO ENLIST TWENTY MOHEAGS FOR THE
QUEEN'S SERVICE AT THE EASTWARD.
The Governour acquainted the Council That Owaneco had Lately
oferd him twenty Moheegs for the Eastern service, which he was willing
to accept being sensible that they were orderly in their Last service
there, & that it will save The march of so many English men not easy
now to be Spared
The Council are of opinion that it is a service to the province & De-
sire the Governor will entetayn them accordingly — [Concurred in by
the House, and passed June 7 .
CHAPTER 5.
ORDER FOR ACCEPTING THE RETURN MADE BY THE SELECTMEN
OF THE TOWN OF KITTERY, OF THEIR APPORTIONMENT OF THE
THIRTY-EIGHT POUNDS OF TAXES ABATED BY THE RESOLVE OF
JUNE 30, 170o.f
A Pet C( ? n of Jos. Hamond Represent, for y e Town of Kittery, pray-
ing yt y e return made by y e Selectmen of y e si Town in apportioning
the abater^ of £.38. to y e . poor of y e s* Town out of their Tax in y e year
1704, according to y e direction of this Court Praying y l y e s? Return
may now be accept? altho. not made in time, y l y e T* may be restrained
from sending forth wan'. 9 of Distress ag! those constables to whome y e
same was committed, was sent up from y e Repre with y e Order of yt
House thereon, viz? That y e pray? of y e s d Pet c ° n be granted w ch Pet c ? D
& order thereon was read & agreed to. [Approved June 7.
• See vote, 1705-6, chapter 67
t See resolve, 1705-6, chapter 42.
[1st Sess.] Province Laws {Resolves etc.). — 1706-7. 167
CHAPTER 6.
VOTE APPROVING THE LETTERS OF THE GOVERNOR TO THE GOV-
ERNMENT OF CONNECTICUT, SOLICITING AID FOR THE COUNTY OF
HAMPSHIRE.
His excellency communicated his letters to the govern 1 "- of Connect-
icut for assistance from that government to West Hampshire, w ch - was
sent to the represent* 63- for perusal and approved by that house.
[Passed June 10.
CHAPTER 7.
RESOLVE FOR ABATING TWELVE POUNDS OF THE EXCISE DUE BY
JOHN CARY OF BOSTON, BREWER, WHILE HE WAS KEEPER OF
THE GREEN DRAGON TAVERN AT BOSTON*
Upon reading this day at the board a petition of John Carey of
Boston, brewer, praying an abatement of the sum of twelve pounds
due from him for excise, sent up from the representatives with the re-
solve of that house thereon ; viz., —
That the prayer of the petition be granted ; the said resolve being
put to vote at the board was concur'd. [Approved June 10.
CHAPTER 8.
ORDER DIRECTING THE JUSTICES OF THE SUPERIOR COURT, ETC.,
TO REPORT TO THE GENERAL COURT THE PROCEEDINGS IN AN
ACTION BROUGHT BY NATHANIEL KEENEf AGAINST JOHN SHEP-
ARD,+ BOTH OF KITTERY, IN WHICH JUDGMENT FOR A TRACT OF
LAND, CLAIMED BY THE PLAINTIFF, WAS RENDERED AGAINST
HIM; AND FOR A STAY OF EXECUTION, ETC.
Upon reading a petition of Nath u - Keen of Kittery, praying relief
in a case between him and John Shepherd, of the same place, relating
to a tract of land, —
Ordered That the Justices of the Superiour Court at their next Sit-
ting in Boston, Inquire into the proceedings had in the case within-
mentioned, And Report the same to this Court at their next Session ;
The Petf to cause the other party to be Serv'd w th a Copy of this Peti-
tion and Order ; And that they both attend the Superiour Court accord-
ingly. — And y! Execution for costs ag? the Petl be stayed until the
End of the next Session of this Court after Report made by the Jus-
tices as aforesf — . [Approved June 11.
* See order, 1705-6, chapter 2.
t Written " Kene " by the plaintiff.
j Written " Sheppard " iu the plaintiff's petition.
168 Province Laws (Resolves etc. ) . — 1706-7. [Chaps. 9-11.]
CHAPTER 9.
ORDER DIRECTING THE COMMISSARY-GENERAL TO PAY, WEEKLY,
THE CARPENTERS EMPLOYED AT THE CASTLE, UPON THE ENGI-
NEER'S CERTIFICATE OF THE TIME OF THEIR WORK, ETC.*
Ordered, That M r - Commissary-General do pay the carpenters em-
ployed at her majestie's castle, after the former rates, to be paid
weekly, upon the engineer's note or certificate of the time of their
work. [ Approved June 12.
CHAPTER 10.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN ROMER FOR HIS SERVICES AT
CASTLE WILLIAM; AND THAT NO FURTHER SUM BE DRAWN FOR
A GRATUITY TO COLONEL ROMER.f ETC.
Whereas the Committee Appointed to see the Order of this Court,
for Gratifying of Col? Romer, and his Son Effected : Report That
Col? Romer Accepts kindly the Thanks of this Court, for his good Ser-
vice at Castle- William, but absolutely Refuses to Accept of an} 7 Gratu-
ity for the Same.
Resolved — That the Sum of fifty Pounds, be Allowed, and Paid, out
of the publick Treasury, to Mf John Romer, the S^ Col? Romer's Son,
in Consideration of his good Service at Castle William, and that no
Sum be drawn out of the Treasury by vertue of the former order for
Gratifying of the s^ Col° Romer, & his Son. ^Approved June 13.
CHAPTER 11.
ORDER FOR THE ARREST AND RECOGNIZANCE OF SAMUEL VETCH,
CHARGED BY THE HOUSE OF REPRESENTATIVES WITH ILLICIT
TRADING WITH THE ENEMY.
In the House of Representatives June 13 : 1706
This House having Strong Reasons to Beleive That Capt"
Veech, has this Spring, been a voyage Eastward Trading with the
ffrench, or Indians or both, the open enemies, of Her Majesty and her
good Subjects, which Reasons this House is ready to Comunicate to
the Hon b ! e Board, are of Opinion That It will be for Her Majesties
service, and the Interests of this Her Province, & therefore, haue
Ordered — That the s<l Capt? Veech be Taken into Custody,
r
*It does not expressly appear in the records that this order was passed concurrently ;
but as it appears to have been signed by the Governor, and seems properly to have re-
quired the consent of the House, it is here inserted.
t See order, chapter 3, ante.
[1st Sess.] Province Laws {Resolves etc.). — 1706-7. 169
and secured untill further Inqviry, can be made into the s"? affair, this
House having sent for sundry Persons, likely, to give evidence therein.
Sent up for Concurrence. Thomas Oakes Speaker
June. 13 th 1706. In Council. Read and Directed That the Judges
of the Superiour Court do imadiatly take Caution of the said Capt°
Veech for his further attendance of the Assembly. Or Order him into
custody of a messenger upon his refusal of Caution as above.
Is* Addington Secry
[Approved June 13.
CHAPTER 12.
RESOLVE FOR CONFIRMING A GRANT OF ONE THOUSAND POUNDS BY
THE TOWN OF BOSTON FOR REPAIRING FORTIFICATIONS, ETC.
[Approved June 13.
[Printed in the note to the act of November 16, 1692-3.]
CHAPTER 13.
ORDER DIRECTING THE APPLICATION OF THE INCOME OF SCHOOL-
LANDS IN SPRINGFIELD, AND FOR THE LAYING AND APPORTION-
MENT OF TAXES FOR THE SUPPORT OF THE GRAMMAR-SCHOOL
MASTER IN SAID TOWN, AND OF A READING- AND WRITING-SCHOOL
IN THE WEST PRECINCT, ETC.
Ordered That y e Estate of Lands appropriated to the Grammar
Schoole in Springfield be continued as at present towards the Support
of the Master ; And that the Sum of Eight pounds in money ,$? annu
be assessd upon the whole Town towards the Support of a reading
and writeing Schoole in the Precinct on the West side of the great
River ; And that the Select men annually assess Seven pounds more
on the heads of the Parents and masters of the Schollars on that side,
towards the Support of the Schoole there. — . This Order to continue
in force by the space of Seven years next comeing ; And the above Sum
of Eight pounds $p annu to be applyed to the better Support of the
Grammar Schoole in case the Schoole on the West side be not raysed
& continued. — [Approved June 14.
CHAPTER 14.
VOTE FOR TRANSMITTING TO THE JUSTICES OF THE SUPERIOR
COURT, ETC., THE WRITTEN EXAMLNATIONS TAKEN BY ORDER OF
THE HOUSE OF REPRESENTATIVES IN THE MATTER OF ILLICIT
TRADING WITH THE ENEMY, ETC.*
Mess es - Jewett and Blagrove attended his excy. and council with a
message from the house, and the examinations and papers lying before
* The action of the Council sufficiently indicates their concurrence, in the presence of
the Governor, and justifies the insertion of this chapter.
170 Province Laws {Resolves etc.). — 1706-7. [Chaps. 15, 16.]
that house, about unlawful trading, etc., w eh- were read at the board
and deliver'd to the judges further to examine, swear and bind over
the witnesses for her majesty. [Passed June 15.
CHAPTEK 15.
ORDER APPOINTING A COMMITTEE TO EMPLOY THE BRIGANTINE
COMMANDED BY JOHN BLEW, OR SOME OTHER VESSEL, ON A
CRUISE TO THE EASTWARD, UNDER THE COMMAND OF CAPTAIN
JOHN CALLEY, TO SEIZE ALL PERSONS OR VESSELS SUSPECTED
OF TRADING WITH THE ENEMY, AND TO HAVE SAID VESSEL
PROPERLY EQUIPPED AND MANNED FOR THAT SERVICE.
In the House of Representatives June 17 : 1706
Ordered — That His Excellency the Governour, be Desired forth-
with to give Order that the Briganteen Commanded by Mf John Blue
be Taken up, and well fitted & Equipped, with Six or eight Great
Guns, amunition & stores proportionable, and mann'd with fifty able
men, well arm'd, with Provisions for the s'? men for 28 Dales, to be
sent Eastward uuder Comand of Cap' John Cawley to apprehend seize,
& Bring in, all such Persons, vessels and their Loadings as he shall
have Ground to Suspect, Designe, to Trade, or have been Trading
with the frencli or Indian Enemy, or both & the abett" of Such Traders
and to do what other service he may have opportunity against the said
enemy.
Sent up for Concurrence Thomas Oakes Speak?
In Council. June. 17 th 1706.
Ordered That m T - Commissary General, Cap 1 " Calley and such other
as the House shall name be a Comittee forthw th to take up the s^ Ves-
sell abovementioned or such other Vessell as they shall thinke fit' for
the Service, and cause her to be forthwith equipped.
Sent down for concurrence. Isf Addington Secry
Die tydict : In the House of Representative
Voted a Concurrence, & that Capt : nathani Carey be added to the
si Comittee Thomas Oakes Speak r
[Approved June 17.
CHAPTER 16.
ORDER FOR REQUESTING THE GOVERNOR TO ISSUE A PROCLAMA-
TION* FOR THE ARREST OF WILLIAM ROUS, CHARGED WITH CAR-
RYING ON ILLICIT TRADE WITH THE ENEMY.
In the House of Representatives June 19 : 1706
Whereas this House, have twice Sent forth their Messenger, to
Apprehend and Bring before them, Capt? William Rouse in order to a
further Proceeding, with him, for the great Crime, of Trading with
Her Maj tie ? open enemies, the French, and Indians, which plainly
appears to this House by diverse Evidences as well as his own Confes-
* The proclamation was issued, which is the only evidence discovered that the Council
concurred. This order is not in the record.
[1st Sess.] Province Laws {Resolves etc.). — 1706-7. 171
sion but the si Rouse, is absconded, and not to be found, by the s*?
Messenger.
Ordered — That His Excellency the Governour, be Reqvested, forth-
with to Issue out, a Proclamation, for the Discovery and Apprehension
of the si Rouse, That he may be Taken up & Rendred to this Court.
[Concurred in by the Council, and passed June 19.
CHAPTER 17.
VOTE REQUESTING THAT THE BRIGANTINE COMMANDED BY CAPTAIN
JOHN BLEW BE NOT RETAINED IN THE SERVICE; AND FOR AC-
CEPTING THE OFFER OF THE PROVINCE GALLEY FOR THE EXPE-
DITION AGAINST PERSONS ENGAGED IN ILLICIT TRADE WITH THE
ENEMY, AND PRAYING THAT THE SLOOP FLYING HORSE BE AT
ONCE FITTED UP AS A TENDER, AND ALSO THAT THE SHIP OF
WAR DEPTFORD BE ORDERED OUT ON A CRUISE.
A message was sent to the house by John Walley and Ephraim
Hunt, Esq"-, to intimate that if Cpt. Cawley went in a close sloop
with about fifty men, on pretence of a trading voyage, he would be
capable of seizing the false and illegal traders, and might by their
assistance probably decoy some of the Indians, rather than by going
in such a warlike posture ; but if the house think that figure will be the
best, his excy. will order the province galley to attend that service for
the space of twenty days, the commander to observe the directions of
Cpt. Cawley, who may be put on board there, and the sloop Flying
Horse, with four men, to attend them, w ch - will be most expeditious
and save charge ; but if, otherwise, the house rather choose the method
they are now upon, with the brigantine, it shall be proceeded in ; and to
enquire if the sloop Flying Horse should also go on that service.
A message was brought up from the house by M r - Epes, Cpt. French,
etc., to acquaint his excellency that the house accepted the offer made
of the service of the galley in this affair ; withall desiring that Cpt.
Blew's brigantine may be forthwith discharged, and the sloop Flying
Horse fitted up to attend Cpt. Cawley, to be first apprized.
And also desiring that her majestie's ship Deptford might forthwith
be ordered out on a cruize. [Concurred in by the Council, and passed
June 19.
CHAPTER 18.
ORDER APPOINTING A HEARING ON THE PETITION OF SAMUEL LIL-
LIE OF BOSTON, MERCHANT, PRAYING RELIEF FROM THE SERVICE
OF AN ALIAS EXECUTION AWARDED AGAINST HIM BY THE SUPE-
RIOR COURT, ETC., FOR A BALANCE WHICH HE CLAIMS WAS IL-
LEGALLY FOUND DUE BY REASON OF RECKONING BY WEIGHT,
AND NOT BY TALE, SILVER TENDERED BY HIM IN SATISFACTION
OF THE ORIGINAL EXECUTION.
Upon reading this day at the board a petition and complaint of
Samuel Lillie of Boston, merch'-, praying the advice of the court and
relief against the mislaying (as he setts forth) of an execution to sat-
isfy a judgem'- recovered against him at the superiour court holden in
172 Province Laws (Besolves etc.). — 1706-7. [Chaps. 19, 20.]
Boston in November, 1705, at the suit of Samuel Keeling and Charles
Chauncey, his money being brought to the scale, which ought to have
pass'd by tale, —
Ordered a Hearing on Friday next the 21 s ? curr? and that the party's
be notifyed. by the Pet™ Serving them with a Copy. [Concurred in
by the House, and approved June 20.
CHAPTER 19.
ORDER EXEMPTING ERASMUS JAMES FROM LIABILITY TO AN ACTION
OF TRESPASS FOR ANYTHING DONE BY HIM, WITHOUT MALICE, ON
THE LAND RESTORED TO ROBERT BARTLETT IN ACCORDANCE
"WITH THE PRIVATE ACT OF NOVEMBER 16, 1705.*
Upon reading and due consideration of a petition prefer' d by Eras-
mus James of Marblehead, shipwright, praying relief against the suits
of Robert Bartlet, of the same place, shoreman, on pretence of tres-
pass done by the said James on part of the plain-farm land lying in
Marblehead aforesaid, recovered by judgement of court and deliver'd
to him by execution, whilst it was in his possession, and before the act
of the court for restoring it to Bartlett, —
Ordered, That the Pet- be in peace, and not liable to any Action for
Trespass alledged to be done upon the Land within-mention*? by the
Pet- before the Act pass'd by this Court for restoring the Land to
Bartlett, unless it be made appear to have bin done maliciously : — [Ap-
proved June 21.
CHAPTER 20.
ORDER REQUESTING THE GOVERNOR TO ISSUE A PROCLAMATION
REQUIRING ALL PERSONS, "WHO ARE CAPABLE, TO DISCOVER ALL
FALSE AND UNLAWFUL TRADERS WITH THE FRENCH AND INDIAN
ENEMY, AND THE GOODS IMPORTED BY SUCH TRADERS.
Ordered — That His Excellency the Governour, be Desired forth-
with to Issue out a Proclamation, Strictly reqviring ail Persons, that
are capable, to Detect, & make Discovery, of all false and unlawfull
Traders with the ffrench, and Indian Enemy which they are capable
of : and all such Goods, that have been Imported, as the Effects of
such Trade. [Passed June 21.
• Vol. VI., number IS, and see resolve, 1705-6, chapter 70.
[1st Sess.] Province Laws {Resolves etc.). — 1706-7. 173
CHAPTER 21.
ORDER FOR ALLOWING AND PAYING THIRTEEN POUNDS AND TEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO MATTHEW PER-
KINS FOR HIS FEES AND EXPENSES IN PROSECUTING MAJOR JOHN
CUTLER BEFORE A COURT-MARTIAL AT NEWBURY IN THE YEAR
1703.
Upon reading the petition of Matthew Perkins of Ipswich, on
behalf of himself and several soldiers that attended a court-martial
held at Newbury, anno 1703, as witnesses against Major John Cutler
for mismanagm'- in the service, etc., —
Ordered That the s'J Petitioner Mathew Perkins be allowed & Paid
out of the publick Treasury, his charges amounting unto Thirteen
Pounds, & ten shillings, in regard, more than that was stop't out of
s? Cutlers wages, by the s 1 ? Court where the Tryall was at Newberry,
where s? Perkins &c a were sumoned to attend Her maj'i^ service in
that behalfe. [Approved June 26.
CHAPTER 22.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS OUT OF THE
PROVINCE TREASURY AS A GRATUITY TO MAJOR WILLIAM WHIT-
ING FOR CONDUCTING THE FORCES OF CONNECTICUT COLONY IN
DEFENCE OF THE WESTERN FRONTIERS, ETC.
The following resolve pass'd upon the petition of Major AVilliam
Whiting, read on Tuesday last, praying payment of forty pounds
claimed by him as a debt from this province ; viz., —
Resolved, notwithstanding the said sum is no debt due from this
province, yet considering the good services the petitioner has done in
conducting the forces of Connecticut Colony for the defence of the
western towns of this province, that the said sum of forty pounds be
allowed and paid out of the publick treasury to Major William Whiting,
the petitioner. [Approved June 27.
CHAPTER 23.
ORDER DIRECTING THE PROVINCE TREASURER TO GIVE TO FRANCIS
ADAMS, CONSTABLE OF PLYMOUTH, A GENUINE TWENTY-SHILLING
BILL OF PUBLIC CREDIT IN EXCHANGE FOR A COUNTERFEIT BILL
OF THE SAME AMOUNT.
Ordered, That the treasurer be directed to receive the counterfeit bill
of credit of twenty shillings hereunto annexed, and deliver to Francis
Adams, constable of Plimouth, a true bill in lieu thereof. [Approved
June 27.
174 Province Laws (Resolves etc.). — 1706-7. [Chaps. 24-26.]
CHAPTER 24.
VOTE FOR APPROVING AND ALLOWING THE PROVINCE TREASURER'S
ACCOUNTS PROM MAY 31, 1705, TO MAY 31, 1706.
The accompts of James Taylour, gent., treasurer and receiver-gen 11
of this province, beginning the 31 st of May, 1705, and continued unto
the 31 st day of May, 1706, amounting unto the sum of forty-one thou-
sand seven hundred and sixteen pounds five shillings and eleven pence,
having been presented and laid before the house of represent™ 8- and
inspected by said house, by which it appears there was standing out
on the said thirty-first day of May, 1706, of the sev 11- assessments,
eight thous d - four hundred forty-nine pounds one shilling and fivepence ;
as also of the duties of impost, as by accompt received from John Wal-
ley, Esq r- , late commissioner, sixty pounds ; and in the hands of James
Russell, Esq r- , commiss r - for impost, powder, the value of two hundred
forty-six pounds eighteen shillings ; to be drawn into the treasury and
further to be accompted for, —
Voted, That the said accompts, in the sev 11- articles of receipts and
payments therein mentioned, amounting to the sum of thirty-two thou-
sand nine hundred and sixty pounds six shillings and sixpence, be and
hereby are approved and allowed of ; and the said treasurer is hereby
discharged of the said sum of thirty-two thousand nine hundred and
sixty pounds six shillings and sevenpence. [Approved Jane 29.
CHAPTER 25.
ORDER FOR COLLECTING, PRINTING AND DISTRIBUTING THE LAWS
RELATING TO THE DUTIES OF TITHINGMEN, FOR THE USE OF PER-
SONS CHOSEN TO THAT OFFICE.
Whereas many chosen to the Office of Tythingmen, are not fur-
nished with Law Books, whereby to be Informed of the Duty, of their
Office, which is Contained in Sundry Acts.
Ordered — That the Duty of the Said Office, be carefully Collected,
out of the Severall Acts, which Contain it, and the said Collection be
Imprinted, and a proper number of the Copies thereof be Lodg'd with
the Town Clerk, in each Town, to be Delivered, with the staff e, to the
Persons that shall from time to time be chosen to, and Serve in, the
S- Office. [Approved July 2.
CHAPTER 26.
RESOLVE FOR PURCHASING, FOR THE USE OF THE PROVINCE, AS
MUCH SALTPETRE AS CAN BE BOUGHT FOR ONE HUNDRED POUNDS
STERLING; ALSO FOR PURCHASING A PROPORTIONABLE QUANTITY
OF SULPHUR.
Resolved — That His Excellency & Council, be Desired, to Take
Care by the first opportunity, to Send for as much Salt Petre, as can
[1st Sess.] Province Laws {Resolves etc.) . — 1706-7. 175
be Pui-chased for One Hundred Pounds Sterl: which Shall be Paid
for, out of the publick Treasury, for the use of the Province ; & a Suit-
able Proportion of Sulphur, where it can be most reasonably had.
[Approved July 2.
CHAPTER 27.
ORDER FOR ACCEPTING THE REPORT OF THE COMMITTEE AP-
POINTED TO PROVIDE A SUITABLE PLACE IN WHICH TO STORE GUN-
POWDER IN BOSTON, FOR DISPOSING OF THE SAME ACCORDINGLY,
AND FOR BUILDING A POWDER-HOUSE, ETC.
We the Committee appointed by order of Court, are of opinion that
it is Convenient to have the powder, now in Town, secured at the
Sconse near Fort Hill, W Copps Brick house at the North End, and
at M- Russells Brick "Warehouse in Charlestown till such time as other
provision can be made, And that we apprehend a Convenient house
may be built upon the brow of the Hill at the Northwestside of the
Common or Training ffield in Boston, Which building to be made of
Brick & well arched will Cost as we judge ffour hundred pounds —
Elisha Hutchinson
$> ord r of the Comitte
Ordered 1 — That this Report be Accepted, That the Powder be Dis-
posed off in the places abovementioned, in Such Proportion, as His
Excellency the Govern! with advice of the Councill shall Direct, That
an Act of this Court, be made, That a Powder House, be forthwith
Built in Boston-Common, aboves 1 ? at the publick Charge, upon the same
Terms, & under the Same Rules mentioned, in an order of this Court
made in novf 1702.
That Elisha Hutchinson Esqf U Col? Sam 1 . 1 Checkley, & Capt : Na-
thaniel Carey, be a Comittee to Take care for the Erecting of the
same.
And That a Sum not exceeding four Hundred Pounds, be Paid out
of the Publick Treasury for the s? service. [Approved July 2.
CHAPTER 28.
ORDER DIRECTING THAT THE ADVERSE PARTY BE SERVED WITH A
COPY OF THE PETITION AND REMONSTRANCE OF JAMES ALLEN,
SURVIVING FEOFFEE IN TRUST, AND EXECUTOR, UNDER AN IN-
STRUMENT PURPORTING TO BE THE LAST WILL OF RICHARD BEL-
LINGHAM, DECEASED, TO SHOW CAUSE, ETC., WHY A HEARING
THEREON SHOULD NOT BE GRANTED*
A remonstrance and petition of James Allen, clerk, surviving
feoffee in trust and executor of the last will and testament of Richard
Bellingham, Esq r -, dec d -, praying to be heard as to the matters of law
referring to a judgem 1 - given by a former gen 11 - court in the year 1676,
declaring the said will null and void, sent up from the representa-
tives with the order of that house for a hearing thereon at the next
* See vote, 1704-5, chapter 116.
176 Province Laws (Resolves etc.). — 1706-7. [Chaps. 29-31.]
session of this court, were read and the following vote pass'd thereon ;
viz., before the council proceed to consider the above vote of the repre-
sent™ 8 ,—
Ordered, That the adverse party be served with a copy of the peti
tion, to shew cause, if any have, why a hearing should not be granted.
{Concurred in by the House, and passed July 4.
CHAPTER 2 9.
ORDER ON THE PETITION, PRAYING TO BE MADE A TOWNSHIP, OF SEV-
ERAL OF THE INHABITANTS OF THE EAST PART OF THE TOWN OF
BRIDGEWATER, AND THE PROPRIETORS OF A TRACT OF LAND BE-
TWEEN THE TOWNS OF WEYMOUTH, HINGHAM, SCITUATE AND
BRIDGEWATER, DIRECTING THAT A PLAN OF SAID TERRITORY BE
EXHIBITED TO THE GENERAL COURT AT THEIR NEXT SESSION.
[Approved July 4.
{Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoivns, etc.']
CHAPTER 30.
ORDER DIRECTING CAPTAIN EBENEZER COFFIN TO RECOGNIZE BEFORE
THE JUDGES OF THE SUPERIOR COURT IN THE SUM OF TWO HUN-
DRED AND FIFTY POUNDS, AND TO GIVE SURETIES IN TWO HUN-
DRED AND FIFTY POUNDS MORE TO ATTEND THE GENERAL COURT
DURING THE PRESENT SESSION TO ANSWER ALL CHARGES AGAINST
HIM IN REGARD TO HIS TRADING WITH THE ENEMY.
Ordered — That Capt" Ebenezar Coffin, Recognize, before the
Judges of the Super! Court, in the sum of Two Hundred & fifty,
Pounds, & Sureties for Two Hundred & fifty Pounds more, to Attend
this Court, & each House thereof, during this present Session, to
answer to Such matters, & things, as shall be objected on Her Maj'i es
behalf e, against him, referring to his Trading with the french, or
Indian Enemy. {Approved Jidy 4.
CHAPTER 31.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED AND TWENTY-
FIVE POUNDS TO JAMES TAYLOR, TREASURER OF THE PROVINCE,
FOR HIS SERVICES DURING THE YEAR 1705-6.
Resolved, That the sum of two hundred twenty and five pounds be
allowed and paid out of the publick treasury to M r - James Taylour,
treasurer of this province, for his service in the said office the year
past^ {Approved July 5.
[1st Sess.] Province Laws {Resolves etc.). — 1706-7 177
CHAPTER 32.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE
GENERAL COURT UPON THE MEMORIAL OF JOHN LEVERETT, RE-
SPECTING THE ENCROACHMENTS ON THE INDIAN PLANTATION OF
PUNCAPOAG, ETC., AND FOR SUSPENDING PROCEEDINGS AGAINST
THE INTRUDERS, IN THE MEAN TIME. [Approved July 5.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 33.
RESOLVE FOR ALLOWING AND PAYING FORTY-THREE POUNDS FOUR-
TEEN SHILLINGS AND FIVEPENCE OUT OF THE PROVINCE TREAS-
URY TO JAMES RUSSELL, TO BE BY HIM PAID TO THE' COMMITTEE
INSTRUCTED JUNE 30, 1705, TO SUPERINTEND THE PRINTING OF
THE LAST FIVE THOUSAND POUNDS IN BILLS OF PUBLIC CREDIT.
An accompt of James Russell, Esq r -, in behalf of the committee,
charges for imprinting the last five thousand pounds in bills, was sent
up from the represent" 63 - with the resolve of that house thereon ; viz., —
Resolved — That the Sum of Forty three Pounds, fourteen Shillings,
& five pence, be Allowed, and Paid, out of the publick Treasury to
James Russell Esq' to be by him paid to the persons abovementioned
as due. [Concurred in by the Council, and approved July 6.
CHAPTER 34.
RESOLVE FOR ALLOWING THREE POUNDS TO BEN INDIAN OF SCIT-
UATE, FOR HIS SUFFERINGS FROM WOUNDS -RECEIVED IN THE
QUEEN'S SERVICE; AND FOR EMPLOYING HIM AS A PRIVATE SEN-
TINEL, OR FOR PAYING HIM FORTY SHILLINGS PER ANNUM FOR
TWO YEARS IF HE PREFER IT, THE SELECTMEN OF THE SAID
TOWN TO RECEIVE THE MONEY AND EXPEND THE SAME FOR
HIS BENEFIT.
A petition of Ben Indian of Scituate, setting forth that he was
wounded in her majestie's service, and lost the use of his hand by a
shot, was sent up from the represent™ 8 - with the order pass'd by that
house thereon ; viz., —
Resolved — That the Petitioner be Allowed Three pounds, for Smart
money, also that he be Improved in the Service as a private sentinell,
& have the wages allowed, to one in that Post, if he cannot provide
better for his Support, which Service if he does not Take up with, that
he be allowed forty shillings p annum, for the two uext years, and
that all allowed be put into the hands of the select men of the Town of
Sittuate, to be Laid out for him, according, as they shall Judge best
for his Supply & Support [Concurred in by the Council, and approved
July 8.
178 Province Laws (Resolves etc.). — 1706-7. [Chaps. 35-38.]
CHAPTER 35.
ORDER DIRECTING THE PROVINCE TREASURER TO EXCHANGE WITH
NEHEMIAH JEWETT, FOR TWO UNENDORSED BILLS OF CREDIT ON
THE LATE COLONY OF THE MASSACHUSETTS BAY, AMOUNTING IN
ALL TO SEVEN SHILLINGS, THE LIKE SUM IN BILLS OF CREDIT OF
THE PROVINCE.
Ordered — That the Treasurer be Directed to Receive of M- Nehe-
raiah Jewet, Two Bills of Credit on the late Colony of the Massachu-
setts Bay, one of five shillings, the other of Two shillings, which are
not Indorsed, & Deliver to him two Bills of Credit on this Province of
the like value, for the same. [Approved July 9.
CHAPTER 36.
RESOLVE FOR EMITTING TEN THOUSAND POUNDS IN BILLS OF PUB-
LIC CREDIT, AND FOR GRANTING A TAX OF TEN THOUSAND POUNDS
[Approved July 9.
[Printed in the notes to the acts of the year 17 06-7. ~\
CHAPTER 37.
ORDER DIRECTING THE PROVINCE TREASURER TO EXCHANGE WITH
WILLIAM DENISON, FOR THREE UNENDORSED BILLS OF CREDIT ON
THE LATE COLONY OF MASSACHUSETTS BAY, AMOUNTING IN ALL TO
NINE SHILLINGS AND SIXPENCE, THE LIKE SUM IN BILLS OF CREDIT
OF THE PROVINCE.
Ordered — That the Treasurer be Directed to Receive, of Mf Wil-
liam Denison three Bills of Credit on the late Colony of the Massa-
chusets Bay, which are not Indors'd, amounting to the Sum of nine
Shillings & Six pence, and Pay unto him, the like Sum in the Bills of
Credit on this Province. {Approved July 10.
CHAPTER 38.
VOTE* FOR REQUESTING THE GOVERNOR TO ISSUE A PROCLAMA-
TION FOR THE ARREST OF JOHN PHILLIPS, JUNIOR, OF CHARLES-
TOWN, CHARGED WITH CARRYING ON ILLICIT TRADE WITH THE
ENEMY.
Upon a message from the represent™ 3 - that his excellency would
please to issue a proclamation against John Phillips, jun r -, of Charles-
* The vote of the House communicated by message to the Governor and Council having
been approved, and the proclamation asked for, issued, is treated here as of equal force
with any concurrent proceeding.
[1st Sess.] Province Laws {Resolves etc.) . — 170G-7. 179
town, mariner, being accused by that house of traiterously holding a
false and illegal trade with her majestie's enemies, the French and the
Indian rebels, and absconds himself, —
And his excy., with the advice of the council, issued a proclamation
accordingly, requiring the said Phillips to render himself, and all sher-
iffs, etc., to seize and apprehend him. [Passed July 10.
CHAPTER 39.
RESOLVE DIRECTING THE JUSTICES OF THE SUPERIOR COURT TO
EXAMINE INTO THE MATTER OF THE PETITION OF JOSEPH PARKER
OF GROTON, PRAYING THAT HE MAY BE REPAID OUT OF THE REAL
ESTATE OF RICHARD BLOOD, DECEASED, INTESTATE, HIS CHARGE
FOR SUPPORTING THE WIDOW OF SAID DECEASED, AND TO REPORT
THEREON AT THE NEXT SESSION OF THE GENERAL COURT.
A petition of Joseph Parker of Groton, praying recompence for his
charge in supporting his wife's mother, the widow of Rich d - Blood, of
the said town, dec d -, out of the lands of her said husband, was read,
with the order pass'd thereon by the house of representatives, granting
the lands of the said Richard Blood to the said Joseph Parker, his
heirs and assigns, forever ; w ch - order, being put to the vote, was not
agreed to, but, —
Resolved, That the Justices of the Superiour Court at their next Ses-
sion in the County of Midd? Summon all persons concern'd to appear
before them, and to Examin into the matter of this Petition and
Report the same to this Court at their next Session. . [Concurred in by
the House, and approved July 12.
CHAPTER 40.
VOTE APPOINTING A HEARING AT THE NEXT SESSION OF THE GEN-
ERAL COURT UPON THE PETITION OF CAPTAIN JONATHAN DAN-
FORTH AND LIEUTENANT JOHN STEARNS, AGENTS FOR THE
PROPRIETORS, ETC., OF SHAWSHINE, NOW BILLERICA, PRAYING
FOR A REPEAL OF THE ORDER OF 1705-6, CHAPTER 80, AND DI-
RECTING THAT THE PARTIES BE NOTIFIED THEREOF, ETC. [Ap.
proved July 12.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 41.
VOTE FOR PAYING OUT OF THE PROVINCE TREASURY FORTY SHIL-
LINGS PER MONTH TO MATTHEW CAREY, FOR FOUR MONTHS'
SERVICE AS WAITER TO THE IMPOST OFFICE, AND MORE, IF
FOUND TO BE DUE; SAID PAYMENTS TO BE MADE TO JAMES
RUSSELL, FOR THE USE OF SAID CAREY.
Voted a concurrence with the representatives, that Matthew Carey,
waiter to the impost office, be paid out of the publick treasury for four
180 Province Laws {Resolves etc.). — 1706-7. [Chaps. 42-44.]
months' time, from the fifteenth day of March last past to the fifteenth
day of this instant, July, at forty shillings per month, and if James
Russell, Esq r- , upon examination of his accompt, find any more due,
making report thereof to the governour and council, it shall be ordered,
after the same rate ; and the said paym ts - to be made to James Russell,
Esq'-, for the use of the said Carey. [Approved July 12.
CHAPTER 42.
ORDER FOR REMITTING THE DUTY OF TONNAGE OR POWDER-
MONEY, ON THE SHIP DUCHESS, FROM JAMAICA, NATHANIEL VIALL,
MASTER AND PART OWNER, CONDEMNED AND BROKEN UP IN BOS-
TON, ETC.
A vote pass'd in the house of representatives upon the petition of
Nathaniel Vyal, late master of the ship Dutchess, from Jamaica, con-
demn'd and broken up in the port of Boston, for remitting the tunnage
or powder duty, and order to be given accordingly, —
Ordered That the Praier of this Petition be Granted [Concurred in
by the Council, and approved July 12.
CHAPTER 43.
ORDER FOR ABATING THE DUTY OF TONNAGE OF THE SHIP WILLIAM
AND MARY, GALLEY, FROM VIRGINIA, JOHN PENROSE, MASTER, AR-
RIVING IN BALLAST, AND BROKEN UP IN THE PORT OF BOSTON.
Upon the petition of Lewis Boucher of Boston, merch 1 -, praying the
abatem*- of the duty of tunnage of the ship "William and Mary, John
Penrose, master, coming from Virginia in her ballast to the port of
Boston, and there condemned and broken up, and that the impost
officer may be directed not to make any further demand thereof, —
Ordered that the Prayer of the Petition be Granted [Approved July
12.
CHAPTER 44.
ORDER FOR ASSESSING UPON THE INHABITANTS OF THE TOWN OF
DEERFIELD A SUM SUFFICIENT TO PAY FOR THE BOARD, FOR THE
PREVIOUS YEAR, OF THEIR MINISTER, BENJAMIN CHOAT, AND FOR
PAYING HIM OUT OF THE PROVINCE TREASURY THE SUM OF
TWENTY POUNDS FOR THE CURRENT YEAR, BEGINNING NOVEM-
BER, 1705, IN ADDITION TO THE TWENTY POUNDS ALREADY
GRANTED.
The following order pass'd by the represent 1 * 58 - on the petition of
M r - Benjamin Choat, minister of Deerfield ; viz., —
Ordered — , That the Select men, or Trustees of Deerfield, or the
Justices of Qvarter sessions, for want of such Shall appoint Persons,
[1st Sess.] Province Laws (Besolves etc.). — 1706-7. 181
forthwith to Assesse Such a sum upon the Inhabitants, and make
Payment thereof to the Said Mf Choat, or his order, as shall Discharge
his Diet the last year : And That Twenty Pounds more be paid him
out of the Province Treasury, as a further & full Recompence, for his
Labours, with them in the work of the ministry the year currant,
beginning the 7\ h day of November last, over and above the Twenty
Pounds, Granted for the Support of the Ministry in the s 1 ? Town of
Deerfield. [Concurred in by the Council, and approved July 13.
CHAPTER 45.
VOTE FOR PROCEEDING BY BILL OF ATTAINDER, AGAINST WILLIAM
ROUS, SAMUEL VETCH, JOHN BORLAND, ROGER LAWSON, EBENEZER
COFFIN, AND JOHN PHILLIPS, JUNIOR, CHARGED WITH CARRYING
ON ILLICIT TRADE WITH THE ENEMY.*
12* July. 1706. In Council.
The Representatives haveing Offered a Proposal to the Consideration
of the Board, In the words following. That is to say.
Whereas William Rouse Samuel Vetch, John Borland, Roger Law-
son & Ebenezar Coffin are under Restraint, or Confinement in Boston,
by Order of the said House, for illegal Trading & Selling to and Sup-
plying of the French and Indians at Port Royal and other places in
possession of the French Kings Subjects, there Inhabiting, the open
and Declared Enemies of Her Majesties Government & Liege People
in this Province, which is a high Misdemeanour and greatly to the dam-
age & hurt of Her Maj' 1 . 03 Government and Liege People. The afores?
persons being by this House Impeached for the same.
It is Proposed to the Consideration of his Excellency the Governo- &
Council That the said persons & every of them, be closely confined
and Secured In order to their being brought to a Tryal before this
Great and General Court or Assembly at their next Session.
The Council haveing had mature Consideration of the afore-recited
Proposal made by the House of Representatives, And the great Im-
portance singularity and Difficulty of the matters therein referr'd to ;
As also, of what absolute necessity it is, That all possible Methods be
taken to prevent such illegal Trade to the Support of the Rebels, and
french & Indian Enemy, and hurt and damage of the Province, by
an exemplary punishment of the Offenders, and restraint of all others.
withal Considering, That the Facts alledged against them were com-
mitted far distant from the Seat of the Government and without the
body of any of the Countys where Her Majesties Justices of the Su-
periour Court of Judicature are appointed to Sit.
And whereas the said John Borland, Samuel Vetch, Roger Lawson,
William Rouse and Ebenezar Coffin, by their humble Petition, have
entirely Submitted themselves to the Justice of this Honorable Court.
Likewise duely Considering the Clause in the Royal Charter or Letters
Patents for Incorporating of this Her Majesties Province, Impowring
the Great and General Court or Assembly to Impose Fines, Mulcts,
Imprisonments and other punishments ; The Council are of Opinion and
do accordingly agree, in this Case, to proceed to a further Inquiry and
* A private act was passed the same day, for the commitment of the accused to Boston
jail without bail, etc.
182 Province Laws (Resolves etc.). — 1706-7. [Chaps. 46-48.]
Examination of the s"? Crimes, charged upon the <g?sons afors d by Bill
of attainder in the next sessions of the General Assembly.
Sent down for concurrance. Is^ Addington Secrp.
In the House of Representatives
July 12 : Read
13 : Read & voted a Concurrence. And Considering That John
Phillips junf of Charlestown imprisoned yesterday for the like crimes
chargd on the above mentioned Prisoners, having also intirely sub-
mitted himself to the Justice of this Honb'P Court.
Ordered That the Proceedings with the s? Phillips be in the same
manner, with the s d Prisoners so far as is above agreed.
Thomas Oakes Sj>eak r
In Council. July. 13 th 1706. Read and agreed to.
Isf Addington Secrp —
[Approved July 13.
CHAPTER 46.
RESOLVE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of three hundred pounds be allowed and
paid out of the publick treasury to his excellency Joseph Dudley,
Esq r- , captain-general and governour-in-chief of this her majestie's
province, for his support in managing the affairs of the government.
[Approved July 13.
CHAPTER 47.
RESOLVE FOR ALLOWING AND PAYING SEVENTY POUNDS TO JAMES
RUSSELL FOR HIS SERVICES AS COMMISSIONER' OF THE IMPOST
DURING THE YEAR 1705-6.
Resolved, That the sum of seventy pounds be allow'd and paid out of
the publick treasury to James Russell, Esq 1 "-, commissioner of impost,
for his service the year past. [Approved July 13.
CHAPTER 48.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS, EACH, TO
SAMUEL SEWALL, JOHN HATHORNE, JOHN WALLEY AND JOHN
LEVERETT, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR
SERVICES FOR THE YEAR ENDING JULY 10, 1706.
Resolved, That there be allowed and paid out of the publick treas-
ury to the Hon ble - Samuel Sewall, John Hathorne, John Walley and
John Leverett, Esq r % judges of the superiour court of judicature, to
each of them the sum of forty pounds, for their service the year past,
expiring the tenth instant. [Approved July 13.
[1st Sess.] Province Laws {Resolves etc.). — 1706-7. 183
CHAPTER 49.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, ON ACCOUNT
OF HIS SERVICES DURING THE CURRENT YEAR.
Resolved, That the sum of fifteen pounds be allow'd and paid out of
the publick treasury to M r John White, clerk of this house, in part for
his service the year curr 1, [Approved Jidy 13.
CHAPTER 50.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO JAMES
MAXWELL FOR HIS SERVICES AS DOORKEEPER TO THE GOVERNOR
AND GENERAL COURT, FOR THE YEAR ENDING JUNE 8, 1706.
Resolved, That the sum of thirty pounds be allow'd and paid out of
the publick treasury to M r - James Maxwell, doorkeeper to his excy.
the govern' - and this court, for his service the year past, ending the
eigth day of the lust month. [Approved July 13.
CHAPTER 51.
ORDER APPOINTING A COMMITTEE OF THE HOUSE TO JOIN WITH
THE ATTORNEY-GENERAL IN DRAWING UP BILLS OF ATTAINDER
OF HIGH CRIMES AND MISDEMEANOR AGAINST JOHN BORLAND,
SAMUEL VETCH, ROGER LAWSON, WILLIAM ROUS, EBENEZER
COFFIN AND JOHN PHILLIPS, JUNIOR.
Whereas both Houses of this Court have agreed that John Borland
Sam 1 . 1 Vetch, Roger Lawson, William Rouse Ebenez' Coffin, & John
Phillips junl Shall be Proceeded against upon Attainder of high Crime
& misdemeanour at the next session of this Court.
Ordered That Mj Nehemiah Jewet, Sam 11 Eels Esq? Mf Nathan 1 . 1 Bla-
grove M' Benji 1 Lynde & Col? Sam 1 . 1 Checkley or any three of them be
a Comittee to Joine with the Attourney G-ener" to Draw up the at-
tainder accordingly, to set the next week, and any other time between
the Sessions, M' Jewet to be chairman and appoint time & place of
Sitting, and that the secretary & Clerk of this House Lay before them
the Papers & Evidences, relating to the s' 1 affair, that no time be lost
in the Proceeding at the opening of the next session. [Approved
July 13.
184 Province Laws {Resolves etc.). — 1706-7. [Chaps. 52, 53.]
CHAPTER 52.
ORDER FOR APPOINTING A COMMITTEE TO PREPARE THE DRAUGHT
OF AN ADDRESS TO THE QUEEN, REPRESENTING THE PRESENT
STATE OF THE WAR AND THE AFFAIRS OF THE PROVINCE, AND
PRAYING FOR A CONTINUANCE OF HER PROTECTION AND A FUR-
THER SUPPLY OF ARMS AND AMMUNITION.
In Council. —July. 13 l . h 1706.
Ordered That an humble Addresse be made by this Court, unto Her
Majesty, to give Her Majesty an Accompt of the present State of the
War, and other affairs of the Governm* and humbly to pray Her
Maj'i 03 Favour in Continuing Her Protection & Granting a Supply of
Fire armes and ammunition to this Her Province.
And That Elisha Hutchinson & John Leverett Esq" with the Secre-
tary be a Committee to joyne w- such as shall be named by the Repre-
sentatives to prepare the s d Addresse to be Signed by the Secretary &
the Speaker.
Sent down for concurrance./ Isf Addington Secry.
In the House of Representatives July 13 : 1706.
Ordered That Mf Speaker, Mf Denison Capt : Savage, & Capt :
Carey be a Coinittee to Joine with the Comittee of the Board, to Pre-
pare a Draught of an addresse as on the other side, to lay before this
Court at their next Session.
[Passed July 13.
Thomas Oakes Speak?
CHAPTER 53.
ORDER* REFERRING TO THE NEXT SESSION OF THE GENERAL COURT
THE PETITIONS OF FAITH WALDO, ABIGAIL WATKINS, SUSANNAH
AMSDEN AND THE CASE OF SAMUEL LILLIE.
Ordered, That the petitions of Faith Waldoe and Abigail Watkins
and Susannah Amsden, widows, and the case of Samuel Lillie, be
refer' d to the next session of this court. [Passed July 13.
* This order is taken from the record, but nothing has been found in the archives to
show that such an order was passed upon the petitions of Waldo and Watkins. That
Lillie's case came up in the House on the 29th of November, 1706, and that the petition of
Amsden was considered in the Council on the 19th of the same month, appear bv
memoranda in the archives, and this is deemed sufficient confirmation of the record, which
was probably made up by the Secretary without any other data than his personal recollec-
tions of the fact.
[2d Sess.J Province Laws {Resolves etc.). — 1706-7. 185
VOTES, ORDERS AND RESOLVES
Passed at the Session begun and held at Boston,
on the Seventh day of August, A.D. 1706.
CHAPTEK 54.
VOTE ADVISING THE GOVERNOR TO DECLINE THE PROPOSALS OF-
FERED BY MONSIEUR VAUDREUIL, GOVERNOR OF CANADA, FOR
THE EXCHANGE OF PRISONERS, AND RECOMMENDING THAT ALL
THE FRENCH PRISONERS BE SENT TO PORT ROYAL AND QUEBEC,
AND THAT THE ENGLISH PRISONERS IN CANADA BE DEMANDED
IN RETURN, ETC.
Upon consideration of the proposals offered by Mons r- Vaudreuil,
govern 1- of Canada, for the restitution of prison" - on each side, the
council are of opinion, and do advise, that his excellency refuse the
said articles, and yet send away the French prisoners, without excep-
tion, to Port Royal and Quebeck, and demand the English prisoners
of both the French governours in return of theirs ; and that a suitable
vessel be forthwith sent to Quebeck for our prisoners, in hopes of see-
ing them before wiuter : and his excellency is desired to have three
or four of the principal of them go on their parol, to return in case
ours be not sent. [Concurred in by the House, and passed August 8.
CHAPTEK 55.
ORDER APPOINTING A HEARING UPON THE PETITION OF JOSEPH
WELD AND OTHERS, INHABITANTS OF THE WESTERLY PART OF
THE TOWN OF ROXBURY, PRAYING TO BE SET OFF AS A SEPA-
RATE PRECINCT, AND FOR NOTIFYING THE SELECTMEN OF SAID
TOWN, ETC. [Approved August 8.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 56.
ORDER APPOINTING A COMMITTEE TO PROCURE A SUITABLE VES-
SEL TO BRING CAPTIVES FROM CANADA.
Ordered, That Cpt. Ephraim Savage and Cpt. Nath 11- Carey be a
committee to join with the commissary-general to take up and agree
for, at the best rate they can, a suitable vessel to proceed to Canada to
fetch our captives home. [Passed August 12.
186 Province Laws {Resolves etc.). — 1706-7. [Chaps. 57, 58.]
CHAPTEE 57.
VOTE ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED TO
PROCURE A SUITABLE VESSEL TO DESPATCH TO CANADA TO
BRING BACK PRISONERS, AND ORDERING THAT THE BRIGANTINE
HOPE, THE VESSEL SELECTED BY THE COMMITTEE, SET OUT IM-
MEDIATELY, ETC.
In Obseruance of the Order of the Gen tt Assembly ffor the taking
up a Sutable Uessell to Send to Quebeck for to bring home the Eng-
lish Prisoners we the Subscribers haue Treated with Cap' Benjmen Al-
ford to hyre his Brigentene Hope burthen about Eaighty Ton latly
Ransomed out of the hands of the ffrench And brought into this port,
which s d Brigentene we Judge uery Sutable for the p r sent Occasion
And we haue Accordingly Agreed with s d Alford After the rate of
Thirty pounds ^ m° Dureing the Tyme shee shall be in the Publique
Seruice And the Prouince to make good the Uallew shee shall be
Aprised at in case shee shuld be taken by the Enemie, the Daeng r s of
the Sease to be run by s d Alford, Dated in Boston this 13 th Aug 1 1706
And- Belcher
Ephraim Savage
Natit* Cary
The aboue Agreement I doe accept.
Benj a Alford
In Council.— Aug! 13«> 1706"/-
Read and accepted, And Directed That the said Vessell be forth w' h
set out.* [Concurred in by the House, and approved August 13.
CHAPTER 58.
VOTE ACCEPTING THE OPINION OF JOHN WALLEY AND JOHN LEVER-
ETT, TWO OF THE JUSTICES OF THE SUPERIOR COURT, ETC., THAT
THE ARTICLES OF IMPEACHMENT OF HIGH MISDEMEANOR PRE-
PARED BY THE COMMITTEE APPOINTED TO DRAW UP BILLS OF
ATTAINDER AGAINST JOHN BORLAND, SAMUEL VETCH, ROGER
LAWSON, WILLIAM ROUS, EBENEZER COFFIN AND JOHN PHILLIPS,
JR., BE GIVEN TO EACH OF THE ACCUSED, THAT THEY BE NOTI-
FIED TO BE READY FOR TRIAL BEFORE THE WHOLE GENERAL
COURT; AND THAT THEREAFTER A BILL BE BROUGHT IN FOR THEIR
ACQUITTAL OR PUNISHMENT; AND THAT THE ATTORNEY-GENERAL
BE DIRECTED TO SIGN THE ARTICLES OF IMPEACHMENT.
13 th August. 1706X In Council.
Voted, That the Judges attended with the Attourney General do forth-
with Consider and Advise what Steps are next to be taken with refer-
ence to the further Process ag? the Prisoners. —
* The House concurred, but with a rider, to the effect that John Leverett be requested
to act as commissioner for the proposed expedition, and reciting that "Major Sewall de-
clines " etc TheCouncil did not agree to this, but, " on consideration of the several offices
sustii'nd by mr Leverett in the Government," expressed the opinion that his services could
not be spared.' This disagreement seems not to have affected the main vote, which was
acted upon, and the Hope was hired accordingly, and Capt. John Bonner was employed
as master. See chapter 63, post. Samuel Appleton was finally agreed upon as commis-
sioner. See chapter 62, post.
[2d Sess.] Province Laws {Resolves etc.). — 1706-7. 187
14 th aug* 1706. The Judges are of Opinion That a Copy of the
Articles of High misdemeanour prepared by the Committee, be given
to Each of the Prisoners forthwith, and that they have warning of a
Tryal too morrow morning, And that the Hearing be before the whole
Court together, And thereafter a bill be brought in for their Acquittal
or Punishm- And that M r Attourney be Directed to Signe the Articles.
John Wallet
J. Leverett.
Read and accepted. [Concurred in by the House, and passed
August 14.
CHAPTER 59.
RESOLVE FOR ALLOWING AND PAYING EIGHTY-EIGHT POUNDS OUT
OF THE PROVINCE TREASURY TO DAVID JEFFRIES, IN FULL FOR
FIVE CANNONS IMPRESSED FOR HER MAJESTY'S SERVICE AT
CASTLE WILLIAM, ETC.
Upon reading a petition of David Jefferies, merch' , praying pay-
ment for five great guns of his, impress'd several years since for her
majestie's service at Castle William, and still in service there, —
Resolved —That the Sum of Eighty Eight Pounds, be Allowed, and
Paid out of the publick Treasury to the Petitioner, in full for the five
Guns abovementioned [Approved August 14. ■
CHAPTER 60.
RESOLVE FOR ALLOWING AND PAYING SIX POUNDS OUT OF THE
PROVINCE TREASURY TO SIMON SINKAWAH, A NATICK INDIAN,
BADLY FROZEN IN THE QUEEN'S SERVICE.
A vote pass'd in the house of representatives on the petition of
Simon Synhawak, a Natick Indian, was sent up ; viz., —
Resolved — That the Sum of Six Pounds be allowed, and Paid out
of the publick Treasury as a full Consideration for the Petitioners
being wounded, to Such Person, as His Excellency the Governour, &
Councill Shall Appoint to receive it for the Petitioners use, to be
Delivered out as Such Person shall Apprehend will be most beneficial
to the Petitioner, and his family, if he have any. [Concurred in by
the Council, and approved August 14.
CHAPTER 61.
ORDER DIRECTING THE COMMISSARY-GENERAL TO DELIVER FOUR
YARDS OF DUFFEL TO THE WIDOW OF JOSEPH ENGLISH, AN IN-
DIAN KILLED IN THE QUEEN'S SERVICE.
Ordered — That the Comiss? Generall Deliver four Yards, of Duf-
tields to the widow of Joseph English, to make Blankets for her Self &
her two children, & charge the Same to the Province in his accompts
[Approved August 15.*
• By a clerical error this date was made July 15, in tbe archives.
188 Province Laws (Besolves etc.). — 1706-7. [Chaps. 62-65.]
CHAPTER 62.
VOTE FOR CONCURRING IN THE APPOINTMENT, BY THE GOVERNOR,
OF SAMUEL APPLETON AS COMMISSIONER TO NEGOTIATE THE
EXCHANGE OF PRISONERS AT QUEBEC.
The Governor has Nominated To the Council, Samuel Apleton
Esq To susteyn the service of Comissioner to M r Voderil at Quebeck To
their Vnanimouse satisfaction, & gives notice of the same to the
House of Representatiues for their Concurrence [Concurred in by
the House, and approved August 15.
CHAPTER 63.
VOTE FOR APPOINTING A COMMITTEE TO ENGAGE THE SERVICES OF
CAPTAIN BONNER AS MASTER OF THE BRIGANTINE HOPE, ON HER
VOYAGE TO QUEBEC, ETC.
Captain Bonner is willing to serve as master of The Brigantine to
Quebeck if he may be rewarded accordingly M r Benjamin Brown &
m r Comissary Belcher are appoynted with such of the representatives
as they shall appoynt forthwith to agree & settle the matter that no
time be lost-/. [Passed August 15.
CHAPTER 64.
ORDER REFERRING TO THE NEXT SESSION OF THE GENERAL COURT
THE SEVERAL HEARINGS APPOINTED TO BE ATTENDED THE
PRESENT SESSION.
Ordered — that The Severall Hearings appointed, to be Attended this
Session, be Attended, on the Second ffriday of the next Session, of
this Court. [Approved August 16.
CHAPTER 65.
ORDER FOR PAYING EIGHT POUNDS ELEVEN SHILLINGS AND SIX-
PENCE OUT OF THE PROVINCE TREASURY TO THE WIDOW OF
JEREMIAH JORDAN, LATE OF BLACK POINT, FOR PORK PURCHASED
OF SAID JORDAN FOR THE QUEEN'S SERVICE IN THE YEAR 1703.
Ordered — That the sum of Eight Pounds eleven Shillings, & Six
pence be Paid out of the publick Treasury to the Widow of M? Jeremiah
Jordan for 1029 pounds of pork Capt : Willard had of her late hus-
band $> order of Authority, in the year 1 703 [Approved August 20.
[2d Sess.] Province Laws {Resolves etc.). — 1706-7. 189
CHAPTER 66.
ORDER FOR ENABLING JOHN CALLEY, ATTORNEY TO NICHOLAS
ANDREWS, TO ENTER A COMPLAINT IN THE NEXT SUPERIOR COURT
OF JUDICATURE FOR THE COUNTY OF ESSEX, FOR AFFIRMATION
OF A JUDGMENT RENDERED FOR THE PLAINTIFF IN A CASE IN THE
INFERIOR COURT OF COMMON PLEAS FOR SAID COUNTY, IN WHICH
SAID ANDREWS WAS PLAINTIFF AND PHILIP ENGLISH, DEFEND-
ANT, ETC.
Upon reading the petition of John Cawley, attorney to Nicholas
Andrews, praying to be enabled to take the benefit of a judgement
which he recovered against Philip English in the inferiour court within
the county of Essex in March last, from which the said English
appeal'd, and, pending the appeal, the parties refer'd the matter to arbi-
tration, w ch - fail'd through the default of the said English, the court
appeal'd to being past, —
Ordered That the Petf be Enabled to Enter his Complaint in the next
Superiour Court of Judicature to be holden within the County of
Essex for affirming the Judgem- of the Inferio* Court as the Law di-
rects, And the Justices of the Superiour Court are Impowred, to receive
the same and to do therein what to Justice appertains ; notwithstand-
ing the Court appealed to be past. . And that the adverse party be
served with a Copy of this Order fourteen days before the Sitting of
the s? Superiour Court. — [Approved August 20.
CHAPTER 67.
RESOLVE FOR FIXING THE PAY OF CAPTAIN SAMUEL APPLETON,
APPOINTED TO GO TO CANADA TO BRING BACK THE ENGLISH
PRISONERS, ETC.
Resolued That w r as Cap- Sam! Appleton Esj£ is Requestd &
appoynted to Goe to Cannada w th a Vessell to demand & fetch y e pris-
oners belonging to this prouince from thence : Ir sayd Gentlma^ Re-
turne to us before the next spring he shall receiue as a Compensation
out of the prouince Treasury y e Sum of Fifty pounds, & If by y e proui-
dence of God he shall not Returne vntill after next spring he shall re-
ceiue y e Sum of one Hundred pounds [Approved August 21 .
CHAPTER 68.
RESOLVE DECLARING SAMUEL VETCH, JOHN BORLAND, ROGER LAW-
SON, WILLIAM ROUS, EBENEZER COFFIN AND JOHN PHILLIPS,
JUNIOR, GUILTY OF THE CHARGES OF HIGH MISDEMEANOR SEV-
ERALLY EXHIBITED AGAINST THEM; ALSO THAT FURTHER PRO-
CEEDINGS AGAINST THEM BE HAD BY BILL OR BILLS TO IMPOSE
PUNISHMENT, ETC.
Samuel Vetch, John Borland, Roger Lawson, "William Rouse,
Ebenezar Coffin, & John Phillips junf having been openly heard in this
190 Province Laws {Resolves etc.). — 1706-7. [Chaps. 69-71.]
Court upon the Articles of High-Misdemeanour Severally Exhibited
against them, And had their free Liberty, with assistance of Councill,
to make their Defence ; Upon due Consideration whereof and the Sev-
erall Evidences against them, with their Examinations, & Acknowledg-
ments.
Resolved — That the S^ Samuel Vetch, John Borland, Roger Law-
son, "William Rouse, Ebenezf Coffin, & John Phillips, jun- are guilty of
the severall Articles Exhibited against them, respectively as to matter
of fact, It being fully Prov'd against them.
And that further Proceeding be had by Bill, or Bills, for that End,
to Impose meet Punishment, upon each of them, according to their
respective Crimes [Approved August 21.
CHAPTER 69. .
RESOLVE FOR ALLOWING AND PAYING TWENTY-TWO POUNDS FOUR
SHILLINGS AND ONE PENNY OUT OF THE PROVINCE TREASURY
TO BENJAMIN ELIOT FOR PRINTING LAWS, ETC.
An accompt of Benjamin Elliott, bookseller, for printing laws and
other things for the publick, charge of paper, etc., amounting in the
whole to twenty-two pounds four shillings and one peny, was sent up
from the represent™- with the resolve of that house thereon ; viz., —
Resolved — That the Sum of Twenty two Pounds, four Shillings, &
one peny be Allowed, & Paid, out of the publick Treasury, to the
within mentioned Benjamin Eliot, to Discharge the accompt on the
other side [Concurred in by the Council, and approved August 21.
CHAPTER 70.
VOTE FOR INSERTING A CLAUSE IN THE DRAUGHT OF THE ADDRESS
TO THE QUEEN ASKING THAT A PACKET BOAT MAY BE REGU-
LARLY RUN BETWEEN ENGLAND AND THIS PROVINCE.
Upon reading the petition of sundry gentlemen and merch ts -, pray-
ing that her majesty may be humbly address'd for the settling of
packet boats to New England, —
Voted that it be a clause in the present address to her majesty that
a packet boat May be established for these provinces. [Passed August
26.
CHAPTER 71.
ORDER FOR ABATING THE DUTIES OF IMPOST UPON TAR, PITCH,
ROSIN AND TURPENTINE DURING THE CURRENT YEAR.
Whereas there has bin of late considerable quantities of tarr pitch
Rozin & Turpentine Imported from Sundry places out of this prouince ;
and more likely to come in this Year, y* Commission? for receiueing y e .
[2d Sess.] Province Laws (Resolves etc.). — 1706-7. 191
duties of Impost & c desires an ord' of Court for his direction therein,
from what places to demand it, and how much for Euery town of y e
Respectiue Comodities ; there being diuers ^jsons. own's & freighters
ingaged to pay what y e Hon d Court Shall ord* your Order and Aduise
herein is desired Yo r humble Seru'
Boston Aug- 15. 1706. fa) J A : Russell Commisn 1
In the House of Representatives
Aug: 16: 1706, Read.
27 : Read & Ordered — That the Duties on the above-men-
tioned Comodities be wholly abated, & Remitted
Sent up for Concurrence. Thomas Oakes Speaker
In Council'/- August. 27 th 1706/. Read and Concurr'd.
Is* Addington Secry-/-
[Approved August 27.
CHAPTER 72.
ORDER FOR ALLOWING AND PAYING OUT OF THE PROVINCE TREASURY
TO BENJAMIN CHOAT, FOR HIS SERVICES IN THE MINISTRY AT
THE TOWN OF DEERFIELD, AT THE RATE OF FORTY POUNDS PER
ANNUM, THE TWENTY POUNDS ALREADY GRANTED TO BE ACCOUNTED
PART THEREOF.
Ordered — That there be Allowed and Paid out of the Publick Treasury
to M* Benjamin Choat, after the Rate of forty Pound <^> annum, for the
time he has Preach'd to the Town of Deerfield, the Twenty Pounds he
has already received to be accounted part thereof. [Approved August 31 .
CHAPTER 73.
ORDER FOR FIXING THE AMOUNT OF THE FINES, ETC., TO BE LAID
ON CAPTAIN SAMUEL VETCH, JOHN BORLAND, ROGER LAWSON,
CAPTAIN WILLIAM ROUS, JOHN PHILLIPS, JUNIOR, AND EBENEZER
COFFIN, CONVICTED OF HIGH MISDEMEANOR.
Upon further Consideration. Ordered — That the Punishment of
the Prisoners, be as follows viz!
That Capt" Samuel Vetch be fined the Sum of Two Hundred Pounds.
Mf John Borland, Eleven Hundred Pounds
Capt". Roger Lawson Three Hundred Pounds.
Capt" William Rouse Twelve Hundred Pounds, and be made un-
capable to sustain any Publick Office in this Province
Mf John Phillips One Hundred Pounds
Capt" Ebenezar Coffin Fifty Pounds And That All Stand Committed
untill their ffines, are Paid [Approved August 31.
192 Province Laws {Resolves etc.). — 1706-7. [Chaps. 74-76.]
CHAPTER 74.
RESOLVE FOR ALLOWING AND PAYING FIFTY SHILLINGS OUT OF THE
PROVINCE TREASURY TO CAPTAIN SETH ARNOLD, IN FULL DIS-
CHARGE OF HIS EXPENSES, ETC., IN A JOURNEY TO PLYMOUTH
TO SEIZE CONTRABAND GOODS OF TRADERS WITH THE ENEMY.
Resolved, That the sum of fifty shillings be allow'd and paid out of
the publick treasury to Cpt. Seth Arnold, in full of his accompt of
charges and expence in a journey to Plimouth, by order of his excel-
lency the govern 1 -, etc., to seize any contraband goods of the illegal
traders with the French and Indians. [Approved September 2.
CHAPTER 75.
RESOLVE FOR ALLOWING AND PAYING ONE POUND AND THIRTEEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO RICHARD
CHEEVER, IN FULL OF HIS ACCOUNT OF HORSE-HIRE, TIME AND
EXPENSE IN A JOURNEY TO DRACUT TO SUMMON JOSEPH BUT-
TERFIELD, A WITNESS IN THE CASES OF HIGH MISDEMEANOR
ETC.
Resolved, That the sum of one pound and thirteen shillings be
allowed and paid out of the publick treasury to M r - Richard Cheever,
to discharge his accompt of horse-hire, time and expences in a journey
to Dracutt to summon Joseph Butterfield, and keeping of him from
speech with other persons. [Approved September 2.
CHAPTER 76.
RESOLVE FOR GRANTING ONE HUNDRED POUNDS IN ADDITION TO
THE TWO HUNDRED POUNDS GRANTED NOVEMBER 17, 1704* FOR
ERECTING A FORT AT WINTER HARBOR IN PLACE OF THE FORT
AT SACO, ETC.
Resolved — That the Sum of One Hundred Pounds, and no more be
added to the Sum, of Two Hundred Pounds Granted Nov! 17: 1 704 ;
for the Erecting of a ffort, at Winter-Harbour, in the room of that at
Saco, The Garrison to be there kept, not to exceed the number,
expressed in the Said Grant. [Approved September 3.
* See resolve, 1704-5, chapter 75, and order, 1705-6, chapter 57.
[2d Sess.] Province Laws {Resolves etc.). — 170G-7. 193
CHAPTER 77.
ORDER REFERRING TO THE NEXT SESSION THE CONSIDERATION OF
THE SUBJECT OF ENCROACHMENTS ON THE INDIAN PLANTATION
AT PUNCAPOAG, THE OCCUPANTS NOT TO COMMIT WASTE IN THE
MEAN TIME. [Passed September 4.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 78.
RESOLVE FOR ALLOWING AND PAYING ELEVEN POUNDS AND TEN
SHILLINGS, OUT OF THE PROVINCE TREASURY, TO CAPTAIN JOHN
CALLEY, FOR HIS SERVICES AND EXPENSES IN SUMMONING AND
KEEPING WITNESSES IN THE TRIALS OF PERSONS ACCUSED OF
ILLEGALLY TRADING WITH THE ENEMY.
Resolved That the Sum of Eleven Pounds ten shillings, be Allowed
and Paid out of the publick Treasury to Capt Q John Cawley, for his
Time, Trouble & Expeuces, in severall Journeys in Summoning, &
subsisting sundry Evidences concerning the illegall Trade with the
french & Indian Enemy. [Approved September 4.
CHAPTER 79.
RESOLVE DIRECTING THAT SAMUEL VETCH, JOHN BORLAND, ROGER
LAWSON, WILLIAM ROUS, EBENEZER COFFIN AND JOHN PHILLIPS,
JUNIOR, EACH PAY FOURTEEN POUNDS FIVE SHILLINGS AND TEN-
PENCE, AMOUNTING IN ALL TO EIGHTY-FIVE POUNDS AND FIF-
TEEN SHILLINGS, INTO THE PROVINCE TREASURY AS THE COST OF
THEIR PROSECUTION.
Pursuant to Severall Acts of this Court Passd this Session for the
Puuishment of Samuel Vetch, John Borland, Roger Lawson, William
Rouse, EbenezI Coffin, and John Phillips junf for High Misdemeanour
whereby they are Obliged to Pay the respective ffines therein ex-
pressed, & Cost & charge of Prosecution.
Resolved — That Each, and every of the Persons aforementioned,
Pay the sum of fourteen Pounds, five shillings & tenpeuce, as the
Cost, and Charge, of their Prosecution, into Her Majesty's Treasury
of this Province, the whole amounting to the Sum of Eighty five Pounds
& fifteen Shillings. [Approved September 4.
194 Province Laws {Resolves etc.). — 1706-7. [Chaps. 80, 81.]
CHAPTER 80.
RESOLVE FOR ALLOWING EIGHTY-FIVE POUNDS AND FIFTEEN SHIL-
LINGS TO THE OFFICERS AND WITNESSES ATTENDING THE TRIALS
FOR HIGH MISDEMEANOR OF SAMUEL VETCH, JOHN BORLAND,
ROGER LAWSON, WILLIAM ROUS, JOHN PHILLIPS, JUNIOR, AND
EBENEZER COFFIN.
Bill of Cost, & Charges, in the Prosecution of Sana 11 Vetch, John
Borland, Roger Lawson, Will? Rouse, John Phillips jun? & Ebenez?
Coffin Convicted of High-Misdemean- for illegall Trade with the French
and Indian Enemy, that is to Say.
To M? Secry Aldington for his attendance & service
in Drawing, & Engrossing the Acts £,/12« — u —
To Paul Dudley Esq? Attorney General]. //30// — « —
To John White Clerk of the Representatives for his
extraordinary service
To M? Nehemiah Jewet one of the Cohiittee app te . d by
this Court, in their recesse to prepare articles of S- h.5h — « —
attainder, his Service 7 daies & other Service j
To Sam" Eels Esq? one of y e s? Comtee 6, daies u.\A0 «-•
To Col? Sam 1 ! Checkley one of y! s? Comtee 6 daies //.1//10 « — ■
To M? Benj^ Lynde one of y e . s^ Comtee 3 daies //../, 15 «-•
To Sundry Evidences, their time & charge of Attend-
ance viz?
To Nicolas Merrit, William Blackler, Henry Darling, ~]
Michael Coomes, John Curtisse, Mark Hascall, I
Archibald Ferguson, Joseph Maudesly, & Mathew (
Pymar, to each of them 40/ J
To John Collins /,.2/,10,/ --
To Charles Green « . 1 A0 u < —
To Peter Polio, Abraham Miller, & John Tucker
each of them 20/
,10//--//--
//18;/ II — —
II .O II //
£//85//15// — •
Resolved That the above Sum of Eighty five Pounds, fifteen Shil-
lings, be Allowed to the persons abovenamed, for their attendance, &
Service in the Prosecution of the Prisoners, in proportion as abovemen-
tioned, this Court having Ordered the said Prisoners to Pay the like
Sum of Eighty five Pounds, and fifteen Shillings, for Cost, & charge
of their Prosecution. [Approved September 4.
CHAPTER 81.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS TO PAUL
DUDLEY. FOR HIS SERVICES AS ATTORNEY-GENERAL TO DATE.
Resolved That the Sum of forty Pounds be allowed, & Paid out of
the publick Treasury to Paul Dudley Esq? Attorney Generall, for his
Service in the Said office to this time. [Approved September 4.
[2d Sess.] Province Laws {Resolves etc.). — 1706-7. 195
CHAPTER 82.
ORDER ESTABLISHING THE FORM OF A PRECEPT FOR COLLECTING
THE FINES SET UPON SAMUEL VETCH, JOHN BORLAND, ROGER
LAWSON, WILLIAM ROUS, JOHN PHILLIPS, JUNIOR, AND EBENEZER
COFFIN, AND DIRECTING THAT IT BE SIGNED BY THE SECRETARY
OF THE PROVINCE AND DELIVERED TO THE SHERIFF OF SUFFOLK
COUNTY.
Province of the
MassachY 8 BayV- To the Sheriffe of the County
of Suffolk Greeting.
I am Ordered by his Excellency the Govern? Council & Representa-
tives to make known unto you, That the Great and General Court or
Assembly of this her Ma'f province in their present Session, haveing
proceeded to the Tryal & Conviction of Samuel Vetch Esqi- John Bor-
land MerehJ Roger Lawson Merchant, William Rouse Mariner, John
Phillips jun? Mariner and Ebenezar Coffin Mariner (now in your Cus-
tody) upon certain Articles of high misdemean? severally Exhibited
against them, And by Several Acts duely passed for the Punishment
of the s? Prisoners, Have Enacted that they do pay the several Sums
following, as Fines to her Majesty, to and for the defence & Support of
her Ma'f Government within this her Ma'f 3 province That is to Say. —
The s*? Samuel Vetch y e Sum of Two hundred pounds. —
The s 1 ? John Borland the sum of Eleven hundred peunds
The s*? Roger Lawson the Sum of Three hundred pounds.
The s? William Rouse the sum of Twelve hundred pounds
The s<? John Phillips jun? the Sum of One hundred pounds
And the s^ Ebenezar Coffin the sum of Fifty pounds —
And the Cost and charge of Prosecution, and That they stand com-
mitted to Prison until the s 1 ^ fines and charges respectively be paid into
her Ma'f 3 Treasury of this her Ma'f 9 province. Each of the s 1 ? persons
being to pay Fourteen pounds five shillings & ten pence Cost & charge
of Prosecution —
Whereof you are to Notify the s^ prison- —
And you are Commanded in her Ma'f 3 name to Govern yourselfe
accordingly in the detaining & safe keeping of them & each of them —
Given At the Council Chamb- in Boston the Fourth day of Septemf
1706./ In the Fifth year of her Ma tys Reign —
Sept? 4? 1706.— In Council.—
Ordered That a Precept of the Tenour within written be signed by
the Secretary and delivered to the Sheriffe of Suffolk. — [Approved Sep-
tember 4.
CHAPTER 83.
RESOLVE FOR ALLOWING AND PAYING TWO POUNDS AND TWO
SHILLINGS, OUT OF THE PROVINCE TREASURY, TO DOCTOR HUM-
PHREY BRADSTREET, IN FULL DISCHARGE OF HIS ACCOUNT FOR
MEDICAL ATTENDANCE ON SERGEANT PARKER, ONE OF CAPTAIN
TYNG'S COMPANY.
Resolved, That the sum of two pounds two shillings be allow'd and
paid, out of the publick treasury, to D r - Humphrey Bradstreet, in full of
his accompt for his administring to Serg 1 - Parker, one of Capt a - Tyng's
men. [Approved September 4.
196 Province Laws {Resolves etc.). — 1706-7. [Chaps. 84-86.]
CHAPTER 84.
ORDER ON THE PETITION OF ANDREW BELCHER PRAYING TO BE
EXCUSED FROM FURTHER SERVICE AS COMMISSARY-GENERAL,
THANKING HIM FOR HIS SERVICES AND REQUESTING HIM TO CON-
TINUE IN SAID OFFICE, ETC.
A memorial presented by M r Commissary-General Belcher, desir-
ing to be freed from the service of the said place, with an order pass'd
thereon by the represent" 63 - ; viz., —
That the thanks of this court be return'd to the commissary-
general for his good service in the said office, and that he be desired to
continue therein ; being sent up, was read and voted a concurrence.
[Passed September 4.
CHAPTER 85.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
ANDREW BELCHER FOR HIS SERVICES AS COMMISSARY-GENERAL
DURING THE YEAR ENDING AUGUST 19, 1706.
Resolved — That the Sum of Two Hundred Pounds be Allowed &
Paid out of the publick Treasury to Andrew Belcher Esqf Commissary
Generall for his good Service, in the Said Office the Year past ending
the nineteenth day of August last. [Approved September 4.
CHAPTER 86.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS THIRTEEN
SHILLINGS AND FOURPENCE TO HENRY EMMES FOR HIS SERVICES
AS MESSENGER TO THE HOUSE OF REPRESENTATIVES DURING
THE YEAR 1706.
Resolved, That the sum of ten pounds thirteen shillings and four-
pence be allow'd and paid, out of the publick treasury, to Henry Earns,
messenger to this house, for his service this session and last.
[Approved September 4.
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 197
ORDERS, RESOLVE AND VOTES
Passed at the Session begun and held at Boston,
on the Twenty-third day of October, A. D. 1 706.
CHAPTER 87.
ORDER IMPOWERING MARY AVARD, WIDOW AND EXECUTRIX OF
EPHRAIM SALE, LATE OF BOSTON, DECEASED, TESTATE, TO SELL
THE SHARE IN THE REAL ESTATE OF THE TESTATOR, OF SAMUEL
SALE, SON OF SAID DECEASED, HE HAVING BEEN TEN YEARS AB-
SENT AND NOT HEARD FROM.
Upon reading a petition of Mary Ward, widow, late relict and sole
executrix of the last will and testament of Ephraim Sale, late of
Boston, cooper, dec d -, setting forth that, upon the division of the
housing and land of the said Ephraim Sale, according to the direction
of his last will and testament, to and among his children, there was
assign'd and allotted unto Samuel Sale, second son of the dec d -, for
his single share, a small apartment in a brick messuage or tenement,
w eh - tenement falls in division with other of his bretheren and sisters,
who have alienated their shares and interests therein, this share singly
not being capable of any improvement, the said Samuel having been
absent out of the countrey by the space of ten years and upwards, and
is supposed to be dead, having not been heard of for more than
nine years past, praying that she may be impowered to make sale
thereof, etc., —
Ordered, That the prayer of the petition be granted, and the peti-
tioner is hereby enabled and impowered to make sale of the share of
the brick messuage or tenement allotted to the said Samuel Sale, as is
within mentioned, the produce thereof to be distributed to and among
his surviving bretheren and sisters, upon security given to refund and
pay back each one's rateable part and proportion thereof unto the said
Samuel Sale in case it hereafter appear that he is living, or to his
widow, or lawful issue, if any such there be, when it shall be lawfully
demanded, the allegations in the said petition having been made
certain. [Approved October 29.
198 Province Laws {Resolves etc.). — 1706-7. [Chaps. 88-91.]
CHAPTER 88.
RESOLVE FOR ALLOWING AND PAYING SEVENTY-FIVE POUNDS OUT
OF THE PROVINCE TREASURY TO JOHN SHELDEN, JOHN WELLS
AND JOSEPH BRADLEY, FOR THEIR SERVICES AND EXPENSES IN
A JOURNEY OVERLAND TO QUEBEC TO PROCURE THE RETURN OF
CAPTIVES, ETC.
The following resolve pass'd in the house of represent™ 8 - upon
the petition of M r - John Shelden, in behalf of himself and companions
in a journey to Canada ; viz., —
Resolved — That the sum of Thirty and five Pounds, be Allowed, &
Paid, out of the Pnblick Treasury to M? John Shelden, the Sum of
Twenty Pounds to John Wells, & the sum of Twenty Pounds to
Joseph Bradley, over and above what They have had in fitting them
out &c? as a full Compensation for their Service mentioned in this
Petition. [Concurred in by the Council, and approved October 29.
CHAPTER 89.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO JOHN
CAMPBELL, FOR HIS SERVICES AS POSTMASTER OF NEW ENGLAND
TO DATE.
Resolved — That the Sum of Thirty Pounds be Allowed, and Paid,
out of thee publick Treasury to M- John Campbel the Petitioner, in full
for his Service to y! Publick untill this Day. [Approved October 30.
CHAPTER 90.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS OUT OF THE
PROVINCE TREASURY TO JONATHAN BAKER OF SALEM, FOR HIS
EXPENSES AND LOSS OF TIME IN CARING FOR HIS SERVANT, JOHN
COLBORN, ACCIDENTALLY WOUNDED WHILE IN THE QUEEN'S SER-
VICE.
Resolved — That the Sum of ffifteen Pounds be Allowed, & Paid
out of the Publick Treasury, to Jonathan Baker the Petitioner, viz?
£//.6//16// - - for his Servants Diet at the Doctors £,/.5//10» - - for Cure,
and £ i,2 iil^n - - for his Cost and Trouble about his Servaut. [Ap-
proved October 30.
CHAPTER 91.
ORDER APPOINTING A HEARING AT THE FIRST SESSION OF THE
NEXT GENERAL COURT UPON THE PETITION OF THE INHABITANTS
OF LONGMEADOW, IN SPRINGFIELD, PRAYING TO BE ALLOWED TO
BUILD A MEETING-HOUSE AND SETTLE A MINISTER. [Approved Oc-
tober 30.
[Printed ivith resolves, orders, etc., relating to the establishment, etc,
oftoivns, etc.~\
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 199
CHAPTER 92.
ORDER DIRECTING THE PROVINCE TREASURER TO PAY CAPTAIN
BENJAMIN STEVENS EIGHTY-FOUR POUNDS THREE SHILLINGS AND
NINEPENCE, TO BE BY HIM PAID TO THE SOLDIERS ON THE MUS-
TER-ROLL RETURNED BY HIM, WHO SERVED UNDER HIS COMMAND,
ETC., AND FORBIDDING PAYMENT OF THE LOST CERTIFICATES
PREVIOUSLY ISSUED FOR THAT AMOUNT.
Whereas for payment of the Wages due to several Souldiers that
served Her Majesty under the Command of Cap*? Benjamin Stevens,
named in his Muster Roll pass'd into the Treasury with his Excel-
lency's warrant thereupon, of the 22°° d of July past.
The Treasurer made out Certificates to several Constables Viz* three
of the Constables of Boston for £i/73«7//9. The Constable of Brad-
ford for £//6//15//8. The Constable of Haverhill for £«4«— «4.
amounting in the whole to the Sum of £»84//.3 . 9. and delivered the
said Certificates to the said Captain Stevens, and he carrying them
home, his House was broken up, and all the said Certificates stol'n and
carryed away ; whereof the said Stevens has made Oath ; And the said
Souldiers remain unpaid. —
Ordered That the Treasurer make payment of the above Sum of
Eighty four pounds three shillings and Nine pence to the said Captain
Stephens on behalfe of the Souldiers named in the aforesaid Certifi-
cates, Each one his respective proportion thereof ; And that this Order
be Entred upon the s^ Muster Roll. And the Treasurer is further
Directed to take especial care That none of the said Certificates be
paid by the s"? Constables, or received & accepted in payment at the
Treasury ; And that any Constable or other person offering the same
be brought before one or more of the Members of Her Ma 1 ! 8 Council to
be strictly Examin*? and Inquired of, how and of whome he had the
same. — [Approved October 30.
CHAPTER 93.
ORDER FOR POSTPONING TO FRIDAY, NOVEMBER 8, 1706, THE HEARING
APPOINTED BY THE VOTE OF JULY 12, 1706,* ON THE PETITION OF
THE PROPRIETORS OF BILLERICA, ETC. [Passed October 31.
[Printed ivith resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 94.
ORDER APPOINTING A HEARING UPON THE PETITION OF THE INHAB-
ITANTS OF THE WEST END OF THE TOWN OF ROXBURY PRAYING
TO BE MADE A SEPARATE PRECINCT, ETC., AND ORDERING NOTICE
TO BE SERVED ON THE SELECTMEN, ETC. [Approved November 2.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
* Chapter 40, ante ; and see chapter 64, ante.
200 Province Laws (Resolves etc.). —1706-7. [Chaps. 95-97.]
CHAPTER 95.
ORDER REMOVING THE RESTRICTION ON PROCEEDING WITH THE
BUILDING OF THE NEW MEETING-HOUSE IN LANCASTER, ETC.
[Approved November 2.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~]
CHAPTER 96.
RESOLVE FOR ALLOWING AND PAYING TO THE GOVERNOR, MEMBERS
OF THE COUNCIL AND THE REPRESENTATIVES, FOR THEIR EX-
TRAORDINARY SERVICES DURING THE LAST SESSION, SEVERAL
SUMS, AMOUNTING, IN ALL, TO TWO HUNDRED TWENTY-TWO
POUNDS AND TWELVE SHILLINGS.
Resolved That the Several Sums and Allowances ordered for his
Excellency, The Members of the Council and the Representatives for
their Extraordinary Service the last Session of this Court, be forthwith
paid out of the Publick Treasury ; without any reference to the Fines
laid in that Session. That is to Say.
That the Sum of Fifty pounds be paid to his Excellency.
To the members of the Council, the Sum of Forty two pounds Four-
teen shillings, being after the rate of Two Shillings $> diem Each.
To M~ Speaker and the Representatives, the Sum of One Hundred
Twenty nine pounds Eighteen Shillings,
And that his Excellency be Desired to give out Warrants accord-
ingly. — [Approved November 4.
CHAPTER 97.
ORDER FOR ALLOWING AND PAYING TWO POUNDS TWELVE SHIL-
LINGS AND THREEPENCE* OUT OF THE PROVINCE TREASURY TO
CAPTAIN HENRY SOMERBY IN BEHALF OF BENJAMIN DOLE FOR
HIS SERVICES IN ATTENDING ROBERT ROBERTSON, A SOLDIER IN
THE QUEEN'S SERVICE, WHILE HE LAY SICK AT HAMPTON.
An accompt of Benjamin Dole for attendance and administration
to Robert Robertson, a soldier in her maj ys - service, who lay sick at
Hampton in April last, amounting to two pounds and twelve shillings
and sixpence, sent up from the represent ves - with the order pass'd in
that house thereupon ; viz., —
Ordered, That the sum of two pounds twelve shillings and three-
pence be allow'd and paid out of the publick treasury to Cpt. Henry
Somersby in behalf of the abovemention'd Benj a - Dole ; w ch - order being
read was concur'd. [Approved November 5.
* The amount actually paid was £2 12s. 6d., as in the preamble
o
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 201
CHAPTER 98.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO EDWARD SARGENT FOR TRANSPORTING
SOLDIERS AND HORSES OVER MERRIMAC RIVER AT NEWBURY.
An accompt of Edward Sergeant for ferriage of soldiers and horses
over Merrimack river at Newbury in the years 1703, 1704, 1705 and
1706, with the order pass'd thereon in the house of represent™' ; viz., —
Resolved, That the sum of five pounds be allow'd and paid out of
the publick treasury to the said Edward Sergeant, in full of his
accompt above written ; w ch - resolve being read at the board was con-
cur'd. [Approved November 6.
CHAPTER 99.
ORDER FOR APPOINTING A COMMITTEE TO SURVEY THE ANCIENT
AND STATED BOUNDARY LINES BETWEEN THE FORMER COLONY
OF MASSACHUSETTS BAY AND THE COLONY OF RHODE ISLAND
AND PROVIDENCE PLANTATIONS, AND TO RENEW THE BOUND-
MARKS WHERE NECESSARY, AND TO REPORT THEIR DOINGS TO THE
GENERAL • COURT; ALSO FOR REQUESTING THE GOVERNOR TO
NOTIFY THE GOVERNOR OF RHODE ISLAND OF THIS APPOINT-
MENT, ETC. [Approved November 6.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoions, etc.]
CHAPTER 100.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF BROOKFIELD TOWARDS
THE MAINTENANCE OF THE MINISTRY DURING THE YEAR BEGIN-
NING NOVEMBER 7, 1706.
Resolved — That the Sum of Twenty Pounds be Allowed, and Paid,
out of the Publick Treasury towards the Support of the Ministry, in
the Town of Brookfield, for the year ensuing beginning yesterday,
[Approved November 8.
CHAPTER 101.
RESOLVE DEFINING THE ORDER OF NOVEMBER 16, 1705,* RESPECTING
THE DIVISION OF UNDIVIDED AND WASTE LANDS BELONGING TO
THE TOWN OF BILLERICA, ETC. [Approved November 13.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
* See order, 1705-6, chapter 80.
202 Province Laws {Resolves etc.). — 1706-7. [Chaps. 102-104.]
CHAPTER 102.
ORDER ON THE PETITION OF THE INHABITANTS OF THE EASTERN-
MOST PART OF THE TOWN OF BRIDGEWATER AND THE PROPRI-
ETORS OF LANDS ADJOINING, PRAYING TO BE MADE A TOWNSHIP,
DIRECTING THEM TO SUBSCRIBE WHAT THEY ARE CAPABLE AND
WILLING TO PAY ANNUALLY FOR THE SUPPORT OF A MINISTER,
AND TO PRESENT THE SAME AT THE NEXT SESSION OF THE GEN-
ERAL COURT. [Approved November 15.
{Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 103.
RESOLVE FOR ALLOWING AND PAYING NINETEEN POUNDS SIX
SHILLINGS AND FIVEPENCE OUT OF THE PROVINCE TREASURY
TO THE TOWN OF BOSTON FOR THE SUPPORT OF PRISCILLA
SMART, AN IMBECILE PERSON DRIVEN FROM BLACK POINT BY
THE ENEMY.
An accompt of the overseers of the poor of the town of Boston for
cloathing, diet, washing and lodging for Priscilla Smart from the 2 d of
January, 1704, to the 12 th of November, 1706, amounting to nineteen
pounds six shillings and fivepence, sent up from the representatives
with the resolve of that house thereon ; viz., —
Resolved — That the Sum of Nineteen Pounds, Six Shillings, & five
pence, be allowed & Paid out of the publick Treasury, to the Overseers
of the Poor in Boston, to Discharge the account above written. {Con-
curred in by the Council, and approved November 16.
CHAPTER 104.
ORDER FOR PRINTING, ETC., THE FURTHER SUM OF TEN THOUSAND
POUNDS IN BILLS OF PUBLIC CREDIT.
Ordered — That the Sum of Ten Thousand Pounds, of Bills of
Publick Credit, on this Province, be further Imprinted, and Signed, by
the Committee that made the last Bills, as soon as may be ; who Shall
be Rewarded, for their Service after the Rate, they Avere, for the Bills
they last made, About ffive Hundred Pounds of the s? Sum, to be made
upon the Plate, that Contains, halfe Crown, & two Shilling Bills,
and the Remainder of the Si Sum, upon the Plate which Contains forty
Shilling, Twenty Shilling, Ten Shilling and five Shilling Bills, &
Deliver them to the Treasurer, Taking his Receipt for the Same.
{Approved November 19.
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 203
CHAPTER 105.
VOTE FOR APPOINTING A COMMITTEE TO ENQUIRE IF THERE IS
LAND TO BE HAD IN EXCHANGE FOR THE LAND FORMERLY BE-
LONGING TO DANIEL WILCOK, WHICH WILL BETTER ACCOMMODATE
THE INDIANS NOW SETTLED THEREON* [Approved November 19 .
[Printed with resolves, orders, etc., relating to the establishment, etc.,
cf towns, etc.']
CHAPTER 106.
ORDER AUTHORIZING SUSANNAH AMSDEN, WIDOW OF JACOB AMSDEN,
LATE OF CAMBRIDGE, DECEASED, TO SELL THE REAL ESTATE OF
SAID DECEASED FOR HER SUPPORT, ETC.
A petition of Susannah Amsden, relict, widow and administratrix of
Jacob Amsden, late of Cambridge, within the county of Middlesex,
dec d- , praying to be impower'd to sell a small piece of marish about an
acre, and a piece of land containing about three acres and three-quar-
ters, which yields no income, lately laid out at a distance from the
house, for her support, was read, and the following order pass'd there-
upon, viz., —
In Answer to the within Petition, Information being given, That the
Estate was acquired by the joint Labour and Industry of the Pet- and
her said late Husband during their marriage ; And there being no
Issue of the dece d
Ordered That the Petf be and hereby is fully Iinpowred to make
Sale of the Lots of Out lands mentioned in the dece d9 Inventory, for
her necessary releife and Support, (She being disabled for Labour)
And to Execute a good and lawful Deed of Sale thereof to the Pur-
chaser his heires and assignes for ever ; which shall be good and
Effectual in the Law to all Intents and purposes. — Unless the heires of
y e s d Jacob Amsden shall forthwith Deposit Ten pounds in money to
the Widow for her Support, the Lands to be charged therewith ; And
to be first repaid thereout, before any Division be made of the Estate,
after the Widows decease. [Approved November 21.
CHAPTER 107.
RESOLVE FOR ALLOWING AND PAYING TWENTY SHILLINGS OUT OF
THE PROVINCE TREASURY TO EACH OF THE CAPTIVES RETURNED
FROM CANADA.
Resolved — That the Sum of Twenty Shillings, be Allowed and Paid
out of the publick Treasury, to each of the Captives, this day, Re-
turn'd from Canada. [Approved November 21 .
* See resolve, 1700-1, chapter 80.
204 Province Laws {Resolves etc.). — 1706-7. [Chaps. 108-110.]
CHAPTER 108.
ORDER ON THE PETITION OF THE TOWN OF TOPSFIELD RESPECTING
THE CLAIM OF THE TOWN OF BOXFORD TO ENDICOTT'S AND
GOULD'S FARMS, APPOINTING A HEARING THEREON AT THE NEXT
SESSION OF THE GENERAL COURT, AND DIRECTING A COPY OF
THIS ORDER TO BE SERVED ON THE SELECTMEN OF BOXFORD,
AND THAT, IN THE MEAN TIME, THE SAID FARMS REMAIN AS LAST
ORDERED BY THE GENERAL COURT* [Approved November 26.
[Printed ivith resolves, orders, etc., relating to the establishvieyit,
of towns, etc.~\
etc.
CHAPTER 109.
ORDER DIRECTING THE COMMITTEE APPOINTED TO SUPERINTEND
THE PRINTING, ETC., OF THE BILLS OF CREDIT, TO PRINT THREE
THOUSAND OF THEM FORTHWITH, TO BE TRANSMITTED TO THE
SEVERAL TOWNS WITHIN THIS PROVINCE PROPORTIONABLY TO
THE AMOUNT OF THE PROVINCE TAX PAID BY SAID TOWNS,
RESPECTIVELY.
Ordered, That a plate be forthwith provided, and the eight several
stamps or blazons affix'd to the bills of publick credit on this province,
respectively, be engraven thereupon, and that the comm tee - for imprint-
ing of the bills forthwith imprint three thousand of them, to be trans-
mitted to the several towns within this province, proportionably to the
sum they pay in the publick tax, for the better information of her
majestie's good subjects of the different forms of the said stamps, and
to which of the bills, respectively, they belong; the figure of the sum
of the bill to be placed in the middle of the stamp, for discouraging
and preventing the designs and endeavours of ill men to alter and in-
crease the sum of the bills. [Approved November 26.
CHAPTER 110.
ORDER REQUESTING JOHN BRIDGER, SURVEYOR-GENERAL, TO PRE-
PARE THE DRAUGHT OF INSTRUCTIONS FOR THE MANUFACTURE
OF NAVAL STORES, TO BE PRINTED AND DISTRIBUTED AT THE PUB-
LIC EXPENSE, AND GRANTING HIM LIBERTY TO PREPARE A BILL
TO ENCOURAGE THE RAISING OF NAVAL STORES IN THIS PROV-
INCE, ETC.
The memorial of M r - John Bridger, surveyour-gen 1L of all her
maj ie ' 3 - woods in America, presented the 22 d eurr t and sent to the
repres ves- , was return'd with the order of that house thereon, viz., —
Ordered — That the Memorialist be Desired to Prepare a Draught
of Instructions, for the Manufacturing of Naval Stores, to be Im-
printed, & Dispersed, in the several Towns of the Province, at the
publick charge. And That He have Liberty to Offer to this Court, a
Bill for Directing, & further Encouraging, the Raising of N avail.
Stores, in this Province, if he apprehends, there is any thing in the
Law wanting for that end. [Concurred in by the Council, and ap-
proved November 26.
* See order, 1702, chapter 13.
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 205
CHAPTER 111.
EESOLVE FOR ALLOWING DANIEL LAWRENCE OF CHARLESTOWN, AND
JAMES WOOD OF BOSTON, FORTY SHILLINGS, EACH, PER MONTH, FOR
THEIR SERVICES AS WAITERS TO THE IMPOST OFFICE FOR THE
TIME CERTIFIED BY JAMES RUSSELL, COMMISSIONER OF THE IM-
' POST, TO BE PAID TO HIM FOR THEIR USE.
Upon a certificate presented by James Russell, Esq r -, commis-
sioner for impost, that Daniel Lawrence of Charlestown and James
Wood of Boston have served as waiters at the impost office, the first
from the first of May last at sundry times, and the latter from the
twenty-sixth of August to this time, and a proposal for his continu-
ance of half a month more, —
Resolved — That there be Allowed out of the publick Treasury, after
the Rate of forty shillings $> month, to each the Waiters abovemen-
tioned for the time of their Service Certified as above And Paid to
James Russel Esq? to be by him paid as due. [Approved Novem-
ber 30.
CHAPTER 112.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL WAKEFIELD, IN FULL, FOR HIS
SERVICES AS WAITER TO THE IMPOST OFFICE AT SALEM, ETC.
Resolved, That the sum of five pounds be allowed and paid out of
the publick treasury to Samuel Wakefield, in full, for his service to
this day as waiter at the impost office at Salem. [Approved Novem-
ber 30.
CHAPTER 113.
ORDER FOR APPOINTING A COMMITTEE ON THE PETITION OF JOSEPH
WELD AND OTHERS,* TO VIEW THE SITUATION AND REPORT ON
THE FEASIBILITY OF SETTING OFF A PRECINCT IN THE WEST
PART OF ROXBURY WITHOUT INJURY TO THE INHABITANTS OF
THE EAST PART OF SAID TOWN. [Approved November 30.
[Printed loith resolves, orders, etc., relating to the establishment, etc.,
of toivns, etc.']
CHAPTER 114.
ORDER DIRECTING THE BUILDING OF WHARVES AND MAKING
REPAIRS ON THE FORTIFICATIONS AT CASTLE ISLAND, f
Ordered — That a Wharf e be forthwith built before the West, &
East Demi Bastion, at the lower Battery, and the Wharfe by the
* See orders, chapters 55 and 94, ante.
t There is some confusion in the records respecting this order, owing to its having been
twice entered ; the first time under date of November 18th, in connection with the report of
206 Province Laws {Resolves etc.). — 1706-7. [Chaps. 115, 116.]
Blockhouse Repaired at the publick charge, if the Winter be not so
far advanc'd as to forbid it, or at least that something be done, to
Prevent their undermining this Winter, & the Tops of the Walls
pointed and shingled in the Spring, the souldiers, to be Imploied in the
work as much as may be & be allowed twelvepence <g> clay more than
their stated Wages.
That Since It is too late to begin upon Mason's Work this Winter,
that the Remainder, of the Proposalls be Referr'd to further Consider-
ation at the next session of this Court X [Approved November 30.
CHAPTER 115.
VOTE ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED TO
CONSIDER THE EXPENSE, ETC., OF WOOD AND CANDLES AT CAS-
TLE WILLIAM, ETC.
A report of John Walley, Penn Townsend and Andrew Belcher,
Esq"-, a committee of the board to consider of the charge and expence
of wood and candles at Castle William; viz., That it is necessary to
set up eight stoves in the guard-rooms and lodgings, for the more
comfortable entertainment of the officers and soldiers there to abide,
which being done, ninety cord of firewood may be sufficient to serve the
occasions of the Castle one year, and that four hundred pounds of
candles will be sufficient for the same time ; that the several officers
indent for the several stores and utensils they have or shall receive
into their possessions, which belong to the province, and that they
accompt for the same with such person as his elcy. and council shall
appoint.
W cb - report was read and accepted by the council and sent down to
the represent™ 8 -, who concur'd with the last paragraph, and so far
further forth as that eight stoves be set up, if so many be found neces-
sary, and that all frugality be used in the expence of wood and candles.
[Approved November 30.
CHAPTER 116.
ORDER FOR A STAY OF EXECUTION ON A JUDGMENT RECOVERED BY
NATHANIEL BYFIELD, JUDGE OF PROBATE, IN AN ACTION ON THE
OFFICIAL BOND OF NATHANIEL BLAGROVE, ADMINISTRATOR OF
THE ESTATE OF NATHAN HAYMAN, LATE OF BRISTOL, DECEASED,
AND PROVIDING FOR A SETTLEMENT OF SAID ADMINISTRATOR'S
ACCOUNT.
In Answer to the Petition of Nathaniel Blagrove Admin?- of the
Goods Chattels &c. of Nathan Hayman late of Bristol within the
* County of Bristol mariner dece? Praying for Remedy against a Judge-
ment rendred against him in the Snperio'' Court of Judicature for Six
Thousand Pounds, the whole Penalty of his Adm co . a Bond, at the Suit
the committee appointed to visit the Castle, etc., and a vote of the Council thereon request-
ing the Governor to enlist as sentinels at the Castle a carpenter and a mason to be con-
stantly employed in repairing the works. This vote does not appear to have been concurred
in by the House. The second entry, under date of November 30, contains only the order
as above printed.
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 207
of Nathaniel By field EsqL Judge of Probate -within the said County,
and Execution issued thereupon.
Ordered That the Execution be Suspended until y* last day of May
next And that in the meantime the Pet' render an Accompt of his
Adm e ° n to the said Nathan! Byfield Esq- Judge of Probate within the
af ores'? County. And upon the said Judge's acceptance and Allow-
ance thereof and Payment made by the Pet' of so much of the Estate
as shall thereby appear to be remaining in his hands to be Distributed
Pursuant to Law ; The Judge shall acknowledge Satisfaction upon
Record of the s* Judgement for Six Thousand Pounds. But in case
the said Judge do not Accept and Allow the accompt, That then the
Pet' lay his accompt before the Governo- and Council, to whome that
Jurisdiction is belonging, and upon their Adjustment and Settlement
thereof and paym? made as aforesaid, The said Judgement for Six
Thousand Pounds be discharged and Satisfaction thereof acknowl-
edged in manner as above express'd. Otherwise this Order to be of
none Effect. [Approved December 2.
CHAPTER 117.
ORDER FOR FURNISHING SOLDIERS WITH FIREARMS FOR HER MAJ-
ESTY'S SERVICE, AND HOLDING THEM ACCOUNTABLE THEREFOR.*
[Approved December 3.
[Printed in the notes to the acts of the year 1706-7. ]
CHAPTER 118.
ORDER FOR APPOINTING A COMMITTEE TO CONSIDER TO WHAT CON-
STABLEWICK AND COUNTY IT IS MOST CONVENIENT TO ANNEX
THE TRACT OF LAND PURCHASED OF THE INDIANS BY BARNABAS
LOTHROP AND OTHERS, LYING BETWEEN THE COUNTIES OF PLYM-
OUTH, BARNSTABLE AND BRISTOL, ADJOINING TO, AND PARTLY
BOUNDED BY, THE TOWN OF ROCHESTER, ETC. [Approved December 4.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 119.
ORDER GRANTING TO THOMAS HOUGHTON OF BOSTON A PATENT FOR
THE USE OF WHALE FLESH IN THE MANUFACTURE OF SALTPETRE,
ETC.
In answer to the petition of sundry inhabitants of Eastham and
other parts near Cape Cod, that Thomas Houghton, resident in Boston,
merchant, may have the sole liberty and power to try what profit and
improvement may be made of the whale flesh after the fat and bones
are seperated, by the space of ten years next coming, —
* This order was printed and distributed throughout the province with the acts of the
session.
208 Province Laws {Resolves etc.) . — 1706-7. [Chaps. 120-123.]
Ordered That the s d Tho : Houghton have a Patent for the Improve-
ment of the Whale Flesh, as is desired, Provided That within the space
of Four years, he shew forth to the Satisfaction of the Govern! Coun-
cil & Assembly, That his Projection will take Effect, for the rayseing
of Salt Petre, to Supply the Province. — [Approved December 5.
CHAPTER 120.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of two hundred pounds be allow'd and paid
out of the publick treasury to his excy. Joseph Dudley, Esq r , captain-
gen 11- and govern r -in-chief of this her maj les province, for his support
in managing the affairs of the government. [Approved December 5.
CHAPTER 121.
RESOLVE FOR ALLOWING AND PAYING FIFTY POUNDS TO ISAAC
ADDINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAOR-
DINARY SERVICES DURING THE YEAR ENDING DECEMBER, 1706.
Resolved, That the sum of fifty pounds be allow'd and paid out of
the publick treasury to Isaac Addington, Esq r -, for his extraordinary
service for this province the year curr'-, ending this month. [Approved
December 5.
CHAPTER 122. .
RESOLVE FOR ALLOWING AND PAYING SIXTY POUNDS TO SAMUEL
WILLARD, VICE-PRESIDENT OF HARVARD COLLEGE, FOR HIS SER-
VICES DURING THE YEAR ENDING SEPTEMBER 30, 1706.
Resolved — That the Sum of Sixty Pounds be Allowed, & Paid out
of the Publick Treasury, to the reverend Mf Samuel Willard, Vice-
President of Harvard Colledge, for his Service the year past, expiring
the thirtieth day of Septemf last. [Approved December 5.
CHAPTER 123.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, FOR HIS
SERVICES DURING THE YEAR ENDING MAY, 1707.
Resolved, That the sum of fifteen pounds be further allow'd and
paid out of the publick treasury to M r John White, clerk of the house
of representatives, for his service the year curr 4 -, ending in May next.
[Approved December 5.
[3d Sess.] Province Laws {Resolves etc.). — 1706-7. 209
CHAPTER 124.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL HILL OF WELLS, IN FULL, FOR
HIS SERVICES AND EXPENSES IN FORWARDING THE RETURN OF
ENGLISH PRISONERS FROM CANADA.
Resolved, That the sum of ten pounds be allow'd and paid out of the
publick treasury to Samuel Hill, in full, for his service and expences for
and towards the returning of the English prison"- from Canada. [Ap-
proved December 5.
CHAPTER 125.
ORDER FOR ACCEPTING THE ACCOUNT OF SAMUEL APPLETON, LATE
COMMISSIONER WITH A FLAG OF TRUCE TO CANADA, WITH
THANKS FOR HIS SERVICES; AND FOR ALLOWING AND PAYING
HPM THE BALANCE OF ONE HUNDRED AND SIX LIVRES AND FIVE
SOLS OUT OF THE PROVINCE TREASURY AT TWENTY PENCE PER
LIVRE, AS ALSO THE FURTHER SUM OF TWO POUNDS THIRTEEN
SHILLINGS AND SIXPENCE FOR FIVE BIBLES; AND FOR CHARGING
CERTAIN ITEMS IN SAID ACCOUNT TO THE OWNERS AND MASTER
OF THE BRIGANTINE HOPE.
An accompt of disbursements by Samuel Appleton, Esq r -, late com-
missioner with a flagg of truce to Canada, amounting to fourteen hun-
dred and six livres and five sols, was sent up from the represent 763, with
the order of that house thereupon ; viz., —
Ordered — That the Above -Account be accepted, and the Ballance
thereof viz? One Hundred, & six Livers, & five Solz, be allowed & paid
out of the publick Treasury to Samuel Appleton Esqf at twenty pence
<g> liver, with the thanks of this Court for his good service and Two
pounds thirteen Shillings, & sixpence, for the five Bibles.
That the first article, of the ace? which is for Rigging, be Deducted,
out of the Hire of the vessel, at the Same Rate.
And That the ConhssT Gener 1 . 1 have Regard to this account, in
making up the acc ts of victualling with Mf Bonner, the Master, so that
He accompt, for such articles therein as are proper, particularly the
Provisions & Sugar. [Concurred in by the Council, and approved
December 6.
CHAPTER 126.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS OUT OF THE
PROVINCE TREASURY TO REVEREND JOHN WILLIAMS TOWARDS
HIS SUPPORT IN THE MINISTRY AT THE TOWN OF DEERFIELD.
Resolved That the Sum of Forty Pounds, be Allowed, and Paid out
of the publick Treasury, unto the reverend Mf John Williams, Minis-
ter, of the Town of Deerfield, towards his Support, in that work, for
the year ensuing, beginning this day in case he shall return thither
within the space of three weeks next coming, and there remain the s^
time. [Approved December 6.
210 Province Laws (Resolves etc.). — 1706-7. [Chaps. 127-129.]
CHAPTER 127.
RESOLVE FOR THE EMISSION OF TEN THOUSAND POUNDS OF THE
BILLS OF PUBLIC CREDIT NOW IN THE TREASURY, AND TEN THOU-
SAND POUNDS MORE OF THE BILLS ORDERED TO BE NEWLY
PRINTED THIS SESSION, AND FOR GRANTING A TAX OF EIGHTEEN
THOUSAND POUNDS. [Approved December 7.
[Printed in the notes to the acts of the year 1706-7. ~\
CHAPTER 128.
RESOLVE DIRECTING THE PROVINCE TREASURER TO PAY THE WAGES
OF SOLDIERS IMMEDIATELY OUT OF THE PROVINCE TREASURY,
AND NOT TO ISSUE CERTIFICATES THEREFOR TO CONSTABLES; AND
REQUIRING CONSTABLES TO RETURN ALL OUTSTANDING CERTIFI-
CATES.
Resolved, That the treasurer be directed to make out no more certifi-
cates upon any constable or constables for the payment of soldiers'
wages, but to pay such wages immediately out of the province treas-
ury, any law, usage or custom to the contrary notwithstanding.
That the constables be directed to return iuto the treasury the cer-
tificates that are already out, at or before the last day of May next.
Until which time the treas r - is allow'd to receive any debentures that
are still outstanding. [Approved December 7.
CHAPTER 129.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN BARNARD, IN FULL OF HIS AC-
COUNT FOR ERECTING A BEACON IN BOSTON.
Resolved That the Sum of fifteen Pounds be allowed & Paid out of
the publick Treasury to M- John Barnard, in full of his ace? on the
other side [Approved December 7.
[4th Sess.] Province Laws {Resolves etc.). — 1706-7. 211
VOTES, RESOLVES AND ORDERS
Passed at the Session begun and held at Boston,
on the Fifth day of March, A.D. 1706-7.
CHAPTER 130.
VOTE FOR SETTING APART A FORENOON TO BE SPENT IN PRAYER
BY THE GENERAL COURT, WITH THE ASSISTANCE OF THE MINIS-
TERS.
This house, duly considering the great weight and importance of the
affairs now before the court, propose that to-morrow, in the forenoon,
be sett apart humbly to implore the direction of Allmighty God
therein, and the assistance of the ministers be desired for that end.
Read and agreed to by the council. [Passed March 6, 1706-7.
CHAPTER 131.
RESOLVE FOR APPOINTING A COMMITTEE TO CONSIDER THE IMPORT
OF THE GOVERNOR'S SPEECH, REFERRING TO THE PROSECUTION
OP THE WAR, ETC.
In Council. —
Resolved That Committees of both Houses be appointed to Consider
the Import of his Excellency's Speech referring to the Prosecution
of the War. —
And Whither it be practicable to Insult the French Settlements in
Nova-Scotia or L'Accadie, particularly the Fort at Port-Royal ?
If so. What Ships of War, Transports and Land Forces may be
thought necessary to forme such an Expedition?
What Stores of War, Provisions &c* will be demanded to fit out and
furnish them ?
Whither this Province be in a present Condition to make such
Supplys ?
That Colonel Hathorne, Colonel Hutchinson, Colonel Phillips Colonel
Foster, Andrew Belcher Esq! Colonel Hunt and Captain Appleton
. . . be a Committee of the Board for this Affaire ; w th such others of
the Council as shall thinke fit to attend. —
And that the Representatives be Desired to appoint a Committee of
their House to joyne therein. — .
That the Committees sit forthwith and de die in diem and make their
Report to this Court with all possible Speed. —
Sent down for Coucurrance. Is- Addington Secry
212
Province Laws (Resolves etc.). — 1706-7. [Chap. 132.]
In the House of Representatives
Read. And Pass*? a Concurrence. And That Col : Checkley, Col :
Church, W Jewet, Capt : Carey, Capt : Oliver Mf Epes, Mf Blagrove,
Maj- Eels, Mf Bond, Capt : Sornersby and Mf Knowles, be a Coihittee,
with Such others, of this House as shall think fit, to attend, to joine
with the Coihittee of the Board in the aff ■ af ores*
Thomas Oakes Speak r
[Passed March 10, 1706-7.
CHAPTER 132.
ORDER DIRECTING THE PROVINCE TREASURER TO BRING IN THE
BILLS OF CREDIT OF THE LATE COLONY, IN HIS HANDS, AND THE
WORN AND DEFACED BILLS OF CREDIT OF THE PROVINCE,
AMOUNTING TO THE SUM OF THREE THOUSAND SEVEN HUN-
DRED NINETY POUNDS AND SIXTEEN SHILLINGS, TO BE BURNED
IN THE PRESENCE OF THE GENERAL COURT; AND FOR DISCHARG-
ING HIM TO THE AMOUNT OF THE FACE VALUE THEREOF.
Pursuant to an Order of His ExcelrT and Council dated y e 10 th of ■
January 1706 Ordering us to be a Committee to sort and take an Ac-
compt of the bills of Credit on the late Colony of the Massachusets
lying in the Treasurers hands — And of Such & So many of the Bills
of Credit on this Province as are defaced worne out and useless and to
Seale them up — Each in distinct Papers Wee accordingly attended that
Service on Wensday y e 22 nd of January last at the Treasurer 3 Office
and there took account of Bills of credit in his custody and sealed em
in Several distinct parcells & left with the Treasurer as follows viz'
5 bundles of the late Colony of the Massachusets Bills
li
s
d
1672:
10:
May account 1700 "]
685:
15-
May account 1703
567:
05-
May account 1705
21:
15:
May account 1706
to be inserted 21 :
05:
in May account 1707
£2968 : 10 : Two thousand Nine
hundred Sixty Eight
pounds Ten shillings
3 Bundles of Province Bills defaced worne out
and useless
252: 13:
309: 11 6 —
260 01 6
John Foster
Ef Hutchinson
Sam 1 . 1 * Checklet
Ephraim Savage
£822: 06: Eight hundred Twen-
ty two pounds Six
Shillings —
13? March. 1706. In Council. — Read and accepted, And
Ordered That u£ Treasurer be Directed to bring in the said Bills to
be burn'd before this Court; And that he be discharged for the
same. ^.
Sent down for concurrance. — 1st Addington Secry. v_^
In the House of Representatives.
March: 13 : 1706, Read, twice & pass'da Concurrence.
Thomas Oakes Speaker
[Approved March 13, 1706-7.
[4th Sess.] Province Laws {Resolves etc.). — 1706-7. 213
CHAPTER 133.
ORDER DIRECTING THE PROVINCE TREASURER TO EXCHANGE WITH
NATHANIEL BLAGROVE, FOR ONE UNENDORSED BILL OF CREDIT OF
TEN SHILLINGS ON THE LATE COLONY OF THE MASSACHUSETTS
BAY, A BILL OF THIS PROVINCE OF LIKE VALUE.
Ordered, That the treasurer be directed to receive a bill of credit of
ten shillings on the late colony of the Massachusets Bay, unindorsed,
and give to M r Nath 11 - Blagrove a bill of this province of the like value.
[Approved March 13, 1 706-7.
CHAPTER 134.
RESOLVE FOR ALLOWING AND PAYING ELEVEN POUNDS SIX SHIL-
LINGS AND THREEPENCE OUT OF THE PROVINCE TREASURY TO
DOCTOR HUMPHREY BRADSTREET FOR HIS ATTENDANCE, ETC.,
UPON THREE SOLDIERS SICK IN THE QUEEN'S SERVICE.
Resolved, That the sum of eleven pounds six shillings and three-
pence be allow'd and paid out of the pubiick treasury to D r Humphrey
Bradstreet, in full, for his attendance and administration to Samuel
Burbank, John Oardway and Eben r - Sergeant, soldiers sick in the ser-
vice. [Approved March 14, 1706-7.
CHAPTER 135.
RESOLVE FOR DISCHARGING THE PROVINCE TREASURER ON ACCOUNT
OF THE BILLS OF CREDIT BURNED BY ORDER OF THE GENERAL
COURT OF VOUCHERS TO THE AMOUNT OF THREE THOUSAND SEVEN
HUNDRED NINETY POUNDS SIXTEEN SHILLINGS, WITH THE AD-
VANCE OF FIVE PER CENT ON THE PROVINCE BILLS.
14?- March. 1706^ In Council ,_,.
In Observance of the Order pass'd yesterday, m r - Allen the Treas-
urers Clerk attended with the Bills of Credit reported by the Com-
mittee to be defaced worne out and of no further use. Viz-
five bundles of the late Colony bills. —
£ 1672. u 10, — In his Acco? of May. 1700. ") In all Two
£-685 u 15 —.In his Acco 1 .' of May. 1703. | Thousand Nine
£-567 # -5. — .In his Acco" of May. 1705. [-hundred Sixty
- £- 21.,, 15.— In his Acco'. 4 of May. 1706. | Eight pounds Ten
£- 21 h .5. to be inserted in May ace? 1707 J Shillings. — .
Three Bundles of Province Bills. —
£„ 252.13 — £ 309,/ ll /y 6. — £ 260„ 1„ 6 — Eight hundred Twenty
two pounds Six Shillings. ^.
Amounting in the whole to Three Thousand Seven hundred and
Ninety pounds Sixteen Shillings, lying in the Treasurers hands as
Vouchers to his Accompts. — Which were all burn'd before the Court.
Resolved, That m I James Taylor Treasurer be and hereby is Dis-
charg'd of his Vouchers for the afores? Sum of £ v/ 3790„ 16.,,—. w l - h the
Advance of five p d ? ^Cent. on the Province bills. — - [Concurred in by
the House, and approved March 15, 1706-7.
214 Province Laws (Resolves etc.). — 1706-7. [Chaps. 136-138.]
CHAPTER 136.
RESOLVE* DECLARING THE GROWTH OF THE FRENCH AT NOVA SCOTIA
INIMICAL TO THE TRADE AND SECURITY OF THIS PROVINCE, AND
ADVISING THAT AN EXPEDITION BE FORMED TO RAVAGE THAT
COUNTRY AND ATTACK THE FORT AT PORT ROYAL.
Resolved, That the Growth of the French at Nova-Scotia is likely to
prove of fatal Consequence to the Trade and Repose of Her Ma'" good
Subjects within these Provinces.
And the Council accept the Report of the Committed That it's
Advisable for Her Ma'-T 3 Service and the Ease and quiet of Her good
Subjects That an Expedition be formed to make a General Ravage of
that Country, and to Insult the Fort at Port-Royal ; If by a Council
of War upon the place it be found practicable. [Approved March
17, 1706-7.
CHAPTER 137.
ORDER FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE PROV-
INCE TREASURY TO JACOB COLLINS OF LYNN, A SOLDIER WHO
LOST HIS THUMB BY ACCIDENT WHILE IN THE QUEEN'S SERVICE.
Upon reading the petition of Jacob Collins of Lyn, praying for
some allowance from the publick in consideration of the loss of his
thumb whilst in the service, —
Ordered — That the Sum of ffive Pounds be Allowed, & Paid, out of
the publick Treasury to the Petitioner, in full for the Damage, he Sus-
tain'd in the publick Service as aboves? {Approved March 17,
1706-7.
CHAPTER 138.
ORDER AUTHORIZING ABIGAIL WATKINS, WIDOW AND ADMINISTRA-
TRIX OF JOHN WATKINS, LATE OF CHARLESTOWN, DECEASED, TO
SELL THE ESTATE OF SAID DECEASED FOR THE PAYMENT OF HIS
DEBTS, ETC.
Upon reading the petition of Abigail Watkins, relict, widow, and
aminist x - of the estate of John Watkins, late of Charlestowu, mariner,
dec d -, praying liberty to make sale of the estate of her said husband for
the payment of his just debts, and supply of her own and children's
necessities, it being made to appear that the estate consists only of
one-half of a messuage or tenem' , with the land and wharf thereto
belonging, lying in Charlestown, w ch is in great dispair, and like to be
* This resolve incorporates the substance of the first article in the report of the com-
mittee advising an expedition against Nova Scotia and proposing methods for raising
forces and conducting the enterprise. It was concurred in on the 17th, while the rest of
the report was not finally agreed to until the 21st, when other articles were added to it,
and only the last sentence of the second article omitted. In chapter 142, post, the whole of
this report, except the first article and the omitted sentence, is given together with the
additional articles above mentioned, the last of which is a substitute for the omitted sen-
tence.
[4th Sess.] Province Laws {Resolves etc.). — 1706-7. 215
wholly ruined ; that there is a widow and five children, all of them
young,—
Ordered That the Administratis be Impowred with the Advice and
Consent of Sam 11 Heyman EsqL and m r - William Jamison to make sale
of the said Halfe Messuage or Tenement with the Land & Wharffe
thereto belonging, and to Execute a sufficient Deed for the same.
And out of the proceeds thereof to pay the Just Debts of the dece d
and then make up her Accompt with the Judge of Probate.
The Surplusage to be distributed to the Widow & Children in man-
ner as the Law directs. — [Approved March 18, 1706-7.
CHAPTER 139.
ORDER FOR CONTINUING TO THE NEXT SESSION OF THE GENERAL
COURT THE HEARING OF THE TOWNS OF TOPSFIELD AND BOX-
FORD ASSIGNED FOR THE PRESENT SESSION. [Approved March 18,
1706-7.*
[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoivns, etc.~\
CHAPTER 140.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS AND ELEVEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO THE TOWN OF
BOSTON FOR THE SUPPORT OF PRISCILLA SMART, AN IMBECILE
PERSON DRIVEN FROM BLACK POINT BY THE ENEMY, t
Resolved, That the sum of three pounds and eleven shillings be
allow'd and paid out of the publick treasury to the overseers of the
poor in Boston, to reimburse the charge they have been at upon Pris-
cilla Smart from the 12 th of November to the 11 th instant, as above.
[Approved March 18, 1706-7.
CHAPTER 141.
ORDER THANKING INCREASE MATHER, JOHN WILLIAMS AND BENJA-
- MIN COLMAN FOR THEIR SERMONS PREACHED AT THE PUBLIC
LECTURES DURING THIS SESSION OF THE GENERAL COURT, AND
REQUESTING COPIES THEREOF, TO BE PRINTED AT THE PUBLIC
EXPENSE.
In the House of Representatives March 21 : 1706.
Ordered — That the Thanks of this Court, be Given to the Reverend
M[ Increase Mather, M? John Williams, & Mf Benjamin Colman, for
their Sermons, preach' d before them at the publick Lectures, this Ses-
sion, & copys thereof be desired, to be Imprinted at the Publick
charge.
Sent up for Concurrence. Thomas Oakes Speaker
• See order, chapter 108, ante. f See resolve, chapter 103, ante.
216 Province Laws (Resolves etc.). — 1706-7. [Chap. 142.]
Die pdict. In Council-/.
Read and Concurr'd. And That Samuel Sewall Esq?, and the Sec-
retary be Directed to attend the abovenamed Gentlemen with the
Thanks of this Court and to Desire the Copy's, and to agree for the
printing of them at y1 best rate they can, the Province to take off one
hundred of Each, at Six pence Each. —
Is- Addington Secry. —
[Approved March 21, 1706-7.
CHAPTER 142.
VOTE AGREEING TO THE REPORT OF A COMMITTEE RECOMMENDING
THE RAISING OF A NAVAL AND LAND FORCE FOR THE EXPEDITION
AGAINST THE FRENCH AT NOVA SCOTIA, AND FOR THE ENCOUR-
AGEMENT OF THE OFFICERS AND MEN ENGAGED THEREIN, ETC.
The Report of y e Committee, appointed By the Gen 11 Court to Con-
sider the Import of his Excellencies Speech Referring to y e Prosecu-
tion of y e War as Follows — * * *
2. That his Excellency be Desired to direct, That her Maj— Ship of
War the Dedford, Together w th y e Province Galley, or Some other
Sutable vessell go, To Cover & assist in y e Expedition. And if his
Excellency sees cause to Send y e Galley, That a Sutable Vessell be
taken up and Equip't to Guard y e Coasts in y e Mean time. That a
Sutable Number of Vessells proper for s d Service may be also Taken
up to Transport Our forces, One of w ch to be for an Hospitall. That
as, many Whale-Boats as may be needfull for s d Expedition be Taken
up. That One Thousand able Souldiers be Raised for that service
& as many Sea-Men as may be Judged Necessary to Sayl y e Trans-
ports &c.
3. That One hundred Barrells of Powder be procured for s d Service,
& That Provision be provided for Ten Weeks according to y e Estab-
lishing for y c subsistence of the aboves d Men
4. That his Excellency be desired to Write to y e Governnr? of Con-
necticot Road Island & New-Hamp-Shire & to Sollicite them to Pro-
vide Their Quota to this Expedition On Their Proper Cost. And,
That his Excellency would be pleased to Appoint y e Commanders, That
so y e Souldiers may be Incouraged to List —
Additional Articles to the Report of the Committees.
That all Plunder saved by Order of the Officers, Except the Great
Ordnance and Stores of War, be Shared to and among the Officers and
Souldiers in proportion to their wages ; And so much to be paid out of
the Publick Treasury to Each private Centinel, as to make up the Sum
they receive for Plunder, the same they would have had, in case the
Plunder had been Shared in equal parts amoug officers and Souldiers. —
That the Land Officers Serving in the said Expedition have their
Wages augmented one third part over and above the present Establish-
ment, In case they attack the Fort, for their Encouragem?
That Each private Centinel Volunteer be paid two Shillings qp weeke
Wages, over and above the present Establishment ; In case they attack
the Fort.
[4th Sess.] Province Laws {Resolves etc.). — 1706-7. 217
That the Saylours on board our Ships have a like Encouragement
and Addition to their Wages, as is given to the Land Forces, for the
Service they shall perforrne on shoar at the Desire and Direction of
the Commander in Chief of the Expedition.
That the Saylors and Marines, on board Her Maj tys Ship Deptford,
doeing any particular Service on shoar, at the Desire of the Com-
mander in Chief of this Expedition, have given them Twenty Shillings,
,jj man as a reward, if the ffort be Taken.
That If by the good providence of Almighty God the Forces do
prosper, and they take and Demolish the Fort at Port Royal, There be
One Thousand Pounds paid them out of the Publick Treasury, To be
Shared in Equal Parts to Each man ; Saving what thereout shall be
promiss'd and assign'd by the Chief Commanding officer of the Expe-
dition, as a Reward for any singular Service done upon the place. —
That if the number of one Thousand Souldiers, mentioned in the
Report of the Committees, do not offer themselves voluntarily ; what
are wanting to be equally Impress'd out of such Towns as are not
Frontiers by Land ; So that the number of Souldiers Impress'd do not
Exceed Three Hundred.
Read, & accepted, with the additionall articles annexd. — [Ap-
proved March 21, 1706-7.
CHAPTER 143.
ORDER FOR ESTABLISHING THE WAGES OF CERTAIN OFFICERS ON
THE EXPEDITION NOW DESIGNED FOR NOVA SCOTIA.
Ordered — That the Wages of the following Officers, in the Expedi-
tion, nowDesign'd to Nova, Scotia, be as follows, viz-
To the Commander in chief four Pounds ")
To a Colonel, Three Pounds, fifteen shillings. >- jj week
To a Lieut : Colon? 1 Three Pounds ten shillings )
[Passed March 22, 1706-7.
CHAPTER 144.
ORDER FOR ALLOWING AND FAYING SIXTY POUNDS OUT OF THE
PROVINCE TREASURY TO CAPTAIN CHARLES STUCLEY, COM-
MANDER OF THE DEPTFORD, MAN-OF-WAR, AND THIRTY POUNDS
TO THOMAS SUTTON, CAPTAIN OF THE DEPTFORD'S MARINES, AS
A GRATUITY IN CASE THEY ASSIST IN ATTACKING THE FORT AT
PORT ROYAL.
Ordered — That the Sum of sixty Pounds, be allowed, & Paid out
of the publick Treasury, to Capt : Charles Stucley & the Sum of
Thirty Pounds to Capt: Sutton, as a Gratuity in case they assist in
Attacking the ffort at Port Royall. [Passed March 22, 1706-7.
218 Province Laws (Resolves etc.). — 1706-7. [Chaps. 145, 146.]
CHAPTER 145.
VOTE FOR APPOINTING "WEDNESDAY, THE SIXTEENTH OF APRIL, 1707,
AS A DAY OF GENERAL FASTING.
A message was sent to the represent' 63 - that a general fast be
observed upon Wednesday, the fifteenth* of April next, w ch - the house
agreed to. [Passed March 22, 1706-7.
CHAPTER 146.
RESOLVE FOR PRINTING SIX THOUSAND POUNDS AND EMITTING TEN
THOUSAND POUNDS IN BILLS OF PUBLIC CREDIT; AND FOR GRANT-
ING A TAX OF TEN THOUSAND POUNDS. [Approved March 22, 1706-7
[Printed in the notes to the acts of the year 1706-7.]
* This should be sixteenth.
[5th Sess.J Province Laws (Resolves etc.). — 1706-7. 219
ORDERS AND RESOLVE
Passed at the Session begun and held at Boston,
on the Fifteenth day of April, A.D. 1707.
CHAPTER 147.
ORDER FOR ALLOWING A TRIAL, AT THE NEXT SESSION OF THE
SUPERIOR COURT, ETC., FOR THE COUNTY OF YORK, OF THE
ACTION BROUGHT BY NATHANIEL KEENE AGAINST JOHN SHEP-
ARD, BOTH OF KITTERY, IN WHICH JUDGMENT FOR A TRACT OF
LAND CLAIMED BY THE PLAINTIFF WAS RENDERED AGAINST HIM;
THE APPELLANT TO BE SERVED WITH A COPY OF THIS ORDER, ETC.*
In the case of Nathaniel Kane of Kittery v*. John Sheppard Jun'
referring to Title of Land, Tryed before the Inf eriour Court of Common
Pleas holden for the County of Yorke on the first Tuesday of April.
1706. and Verdict and Judgement there given for the said Kane ; From
which Sheppard Appeal'd to the Superiour Court of Judicature.
Referr'd by this Court at their Session in May past to the Judges of
the Superiour Court, upon the Petition of the s? Kane. Whereupon
the Judges Reported their Opinion. Viz- — That the Petitioner may be
Allowed to have a Tryal in the case mentioned at the next Superiour
Court to be holden for the County of Yorke, upon the Appeale ; If this
Honourable Court see cause. _,
Ordered That a Tryal be had accordingly. — And that the Petition-
Nathaniel Kane cause the Appell 1 Sheppard to be Served with a Copv
of this Order ffourteen days before the Sitting of the said Court, And
that Sheppard then prosecute his Appeale, with Effect ; And upon hie
neglect of such Prosecution the Verdict and Judgement appealed
from to be affirmed and Execution awarded accordingly • as the Law
directs. — [Approved April 11 ', 1707 .
CHAPTER 148.
ORDER AUTHORIZING ELIZABETH WADE, WIDOW AND ADMINISTRA-
TRIX OF JOHN WADE, LATE OF BERWICK, DECEASED, TO SELL THE
ESTATE OF SAID DECEASED FOR THE SUPPORT OF HERSELF AND
CHILDREN.
Upon reading this day at the board the petition of Elizabeth Wade,
relict, widow, and administ* - of the estate of John Wade, late of Ber-
wick, within the township of Kittery, clerk, dec d -, setting forth that her
" See order, chapter 8, ante.
220 Province Laws ' {Resolves etc.). — 1706-7. [Chaps. 149, 150.]
said late husband, John "Wade, invested what money he acquired in
the few years of his continuing in the ministry at Berwick, in the
purchase of a small lot of land containing about three acres, in build-
ing of a dwelling-house thereon, for the accomodation of himself and
family, w ch- , with some few household goods, is what estate he died
siezed of, leaving the petitioner with the care and charge of two
young children ; and the said house in that place being uncapable of
improvement to yield any income for the support of the petitioner and
her two babes, there being now an opportunity to make sale of the
same, w ch- , if slip'd, another possibly will not offer, and the house fall
into despair, praying that she may be impowered to make sale of
the said house and land for the necessary subsistence of herself and
children, and for their education, and to make and execute a good and
sufficient deed in the law to convey and assure the same, —
Ordered That the Prayer of this Petition be granted, And the Pet- is
accordingly Impowred to make Sale of the House and Land therein
mentioned and to Execute a Deed thereof. \Concurred in by the
House, and approved April 17, 1707.
CHAPTER 149.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE
PROVINCE TREASURY TO CAPTAIN JOHN PEIRSON AND HIS COM-
PANY AND THE GARRISON AT DUNSTABLE, TO BE PROPORTIONABLY
DIVIDED, FOR THE SCALP OF AN INDIAN ENEMY SLAIN THE LAST
SUMMER.
Resolved — That the Sum of Ten Pounds, be Allowed, & Paid, out
of the Publick Treasury, to Capt : John Pierson, for the scalp of an
Indian Enemy, Slain the last summer by him, & Company at Dunsta-
ble, to be by him Distributed, & paid, to Such, of his Troop & the
Inhabitants of the s 1 ? Town, that were at the Garrison, when & where
the Indian was slain in proportion, as the Law now in force directs
the Inhabitants, to be Esteemed as Souldiers in pay, & the Repre-
sentatives of those, then slain at the s"? Garrison to have their share.
\Approved April 17, 1707.
CHAPTER 150.
ORDER* ESTABLISHING THE RATE TO BE PAID FOR THE HIRE OF
THE SHIP SUCCESS GALLEY, AND THE PAY OF HER OFFICERS.
The Ship Successe Galley, being larger than Transports usually are.
Ordered — That the Pay for the s^ vessell & officers in her, for the
present Expedition, be as follows p month, (in case she carries four-
teen Great Guns, or more, well mounted and fitted, viz?
* The records show that this order was read in the Council, but contain no entry that
it was concurred in; but, since it involved an increase of payment of money from the
province treasury and was certainly passed by the House, it has been deemed best to in-
sert it here, on the supposition that it may have been considered as binding for reasons
similar to those for which the resolve, 1703-4, chapter 76, was treated as valid although
not formally concurred in by the Council. See the note to that chapter.
[5th Sess.] Province Laws (Besolves etc.). — 1706-7. 221
The Said ship Seven shillings $> Tun.
The Master. Six Pounds.
The chief Mate Three pounds ten shillings,
The Second Mate, Two pounds fifteen shillings.
C Gunner, ~)
The -< Carpenter. >- each, one pound fifteen shillings
( Boatswaine )
And That all other Transports in the s? Expedition, of Seventy
Tuns, or upwards, be also allowed, a Boatswaine, Carpenter, & Cooper
upon the Same Pay. [Passed April 17, 1707
ORDERS,
VOTES AND RESOLVES,
Passed 1707.
[223]
LEGISLATIVE LIST
1707.
His Excellency JOSEPH DUDLEY,
Captain-General and Governor-in-chief, etc.*
ISAAC ADDINGTOX, Esq.,
SECRETARY of the PROVINCE.
COUNCILLORS OR ASSISTANTS.!
Of the inhabitants of or proprietors of lands within the territory formerly called
the Colony of the Massachusetts Bay : —
Wait Winthrop, Esq., John Foster, Esq.,
James Russell, Esq., Peter Sergeant, Esq.,
John Hathorne, Esq., Penn Townsend, Esq.,
Elisha Hutchinson, Esq., John Higginson, Esq.,
William Browne, Esq.,| Samuel Partridge, Esq.,§
Samuel Sewall, Esq., Andrew Belcher, Esq.,
Isaac Addington, Esq., Edward Bromfield, Esq.,
John Phillips, Esq., John Appleton, Esq.,
Jonathan Corwin, Esq., Samuel Appleton, Esq.
Of the inhabitants of or proprietors of lands within the territory formerly called
Neio Plymouth : —
John Thacher, Esq., j| Nathaniel Paine, Esq.,1"
Isaac Winslow, Esq., John Cushing, jun., Esq.
* For the full title, see vol. VII., p. 331.
t Of the new councillors chosen this year (Sergeant, Lynde and Stoddard) Sergeant took the place of
Hunt who replaced Walley as councillor at large ; Stoddard was chosen at large in place of John Appleton
who, In turn, replaced Samuel Legg- Lynde was chosen in place of John Leverett. These changes were
the result of the popular opposition to Dudley growing out of his alleged complicity in the illicit trading
of the previous year. According to Sewall, Leverett, the Governor's influential friend, received thirty votes
as councillor for Mains and twelve votes as councillor at large. Lynde was elected over him by fifty-four
votes. ' The following entry shows how the Governor attempted to procure a reconsideration of the vote by
which he lost so valuable an ally in the Council : —
"After Inquiry made by a Message to the House into a Report from one or more of their Members,
That (when they came to Vote for a Councellour of the Inhabitants of or Proprietors of Lands within the
Territory lying between the River of Sagadahock & Nova Scotia, for which Mr Leveret was chosen & served
the last Year,) It was insinuated in the House That he had no Land there ; Cpt : Warren & Major Bassett
returning Answer from the House That M* Speaker had strictly examined thereinto, And that all the
Members protested That there was no such Thing openly spoken in the House, nor had Influence into
their Votes." — Council Records, vol. VIII, p. 295.
X " Brown," in the Secretary's list.
$ " Patridge," in the Secretary's list.
|| Thacher's name is not subscribed to the qualifying oaths.
U " Payne," in the Secretary's list.
[225]
226 Province Laws {Resolves, etc.). — 1707. [Representatives.]
Of the inhabitants of, or proprietors of land within the territory formerly called
the Province of Maine : —
Eliakim Hutchinson, Esq., Benjamin Browne, Esq.,*
ichabod plaisted, esq.
Of the inhabitants of or proprietors of land within the territory lying between the
river of Sagadahoc and Nova Scotia : —
Joseph Lynde, Esq.
For the Province, at large : —
Ephraim Hunt, Esq., Simeon Stoddard, Esq.
REPRESENTATIVES or DEPUTIES.
May 28, 1707 to December 6, 17 07 A
JOHN BURRILL, Esq., Speaker.
County of Suffolk.
Boston, Doctor Thomas Oakes,t Lynn,
Lieut.-Col. Samuel Checkley, Marblehcad,
Roxbury,
Dorchester,
Milton,
Braintree,
Weymouth,
Hingham,
Dedham,
Medfield,
Wrentham,
Brookline,
Mention,
Salem,
Ipsivich,
Capt. Ephi'aim Savage,
Mr. Elizur Holyoke.
Mr. William Denison.
Mr. Hopestill Clap.
George Sumner.§
Mr. John Webb.
Mr. Stephen French.
Mr. Theophilus Cushing.
Mr. John Fuller.
Mr. Samuel Morse.
Sergeant John Guilde.||
Mr. John Winchester.
Salisbury,
Amesbury,
j\ 11 fJoiJPT*
Sergeant William Holbrook.f^.^^
County of Essex.
Capt. Samuel Gardner,
Capt. John Browne.** Bristol,
Mr. Nehemiah Jewett, . Rehoboth,
Capt. William Goodhue. Taunton,
County of Essex — Concluded.
John Burrill, Esq.
Mr. Richard Trevett.ft
Beverly, Samuel Balch.J X
Gloucester, Mr. Benjamin Haskall.§§
Topsfield, Mr. Isaac Peabody.
Wenham, Mr. Thomas Patch.
Boxford, Lieut. Thomas Perley.||||
Bradford, Mr. Richard Kimball.ff
Rowley, Mr. Ezekiel Jewett.
Neivbury, Lieut.-Col. Thomas Noyes.
Esq.***
Capt. Henry True.
Mr Thomas Fowller.ftt
Capt. Christopher Osgood.
Mr. James Saunders.
County of Bristol.
Mr. Nathaniel Blagrove.
Mr. John Brooks.
Mr. Robert Crosman.tJ J
* "Brown," in the Secretary's list.
t The General Court was dissolved by proclamation, March 18, 1707-8, after two prorogations. There
was no session after December 6, 1707.
J " Doctor,'* and " Okes," in the town records, but " Mr.," in the Secretary's list.
§ He was sworn, but his name is not in the Secretary's list, nor has it been found in the town records.
|| " Sergeant," and " Guild," in the town records, but " Mr.," in the Secretary's list.
H " Sergeant," in the town records, but " Mr.," in the Secretary's list.
** " Brown," in the Secretary's list.
ft "' Trevott,* • in the Secretary's list. For the first time, Trevett wrote his name this year with two t's.
XX He was sworn, and his election is shown by the town records, but his name is not in the Secretary's
list.
$$ " Haskell," in the Secretary's list and in the town records.
Illl " Lieut.," in the town records, but " Mr.," and " Pearly," in the Secretary's list.
H11 " Kemball," in the Secretary's list.
*** " Lieut.-Col.," in the town records, but " Esq.," in the Secretary's list.
ttt " Fowler," in the Secretary's list.
XlX " Crossman," in the Secretary's list.
[Representatives.] Province Laws (Resolves, etc.). — 1707. 227
County of Bristol — Concluded.
Swanzey, Mr. Joseph Mason.
Little Compton, Mr. William Fobes*
Dartmouth, Mr. John Akin.
Tiverton, William Almy.f
County of Middlesex.
Cambridge,
Charleslown,
Maiden,
Wobicrn,
Beading,
Watertown,
Newton,
Concord,
Chelmsford,
Billerica,
Sudbury,
Sherburne,
Marlborough,
Lancaster,
Capt. Thomas Oliver.
Capt. Samuel Phipps.f
Mr. John Greenland.
Ensign John Peirce.§
Mr. Timothy Wiley. ||
Jonas Bond, Esq.
Mr. John Spring.
Capt. Jonathan Prescott 1
Capt. William Tyng.
Mr. John Stearns.**
Deacon Edmund Rice. ft
Mr. Jonathan Morse.
Mr. Thomas Beaman.JJ
Mr. Thomas Sawyer.
County of Hampshire — Concluded.
Suffield, Mr. Joseph Sheldin.***
Enfield, Mr. Isaac Meacham.fff
County of Plymouth.
Plymouth, James Warren, Esq.JJJ
Scituate, Mr. Samuel Clap.
Marshfield, Mr. Samuel Sprague.
Bridgewater, Deacon William Brett.§§§
County of Barnstable.
Barnstable, Mr. Samuel Chipman.
Sandwich, Maj. William Bassett.
Yarmouth, Mr. Elisha Hall.
Eastham, Mr. Samuel Knowles.
County of Hampshire.
Springfield, Lieut. Joseph Stebbins.§§
Northampton, Mr. Thomas Shelden.||||
Hadley, Mr. John Nash.
Hatfield, Mr. Eleazar Fra17.ll
York,
Kittery,
Wells,
Chilmark,
County of York.
Capt. Lewis Bane.
Capt. John Hill.
Mr. William Sayer. [| |]||
Dukes County.
Maj. Benjamin Skiffe.Hl
Island of Nantucket.
James Coffin ****
JOHN WHITE, Clerk.
JAMES MAXWELL, Doorkeeper to the Governor and General Court.
* The town clerk certifies that by the town records " Colonel Church " appears to have been chosen
representative this year; but the Secretary's list shows that " William Fobes " served as deputy, and he
subscribed the qualifying oaths.
+ From the town records, but he does not appear to have taken or subscribed the qualifying oaths, nor
is his name in the Secretary's list.
+ " Phips," in the Secretary's list.
$ " Ensign," in the town records, but " Mr.," and " Pierce," in the Secretary's list.
|| " Wyley," in the Secretary's list.
IT " Prescot," in the Secretary's list.
** " Sternes," in the Secretary's list.
ft " Deacon," in the town records, but " Mr.," in the Secretary's list.
%X " Beman," in the town records.
§$ " Lieut.," in the town records, but " Mr.," in the Secretary's list.
|| || " Sheldon," in the Secretary's list.
1iH " Frarey," in the Secretary's list.
*** " Sheldon," in the Secretary's list.
ftt " Mechamp," in the Secretary's list.
XXX Erroneously entered " Thomas," in the Secretary's list.
§§j -' Deacon," in the town records, but " Mr.," in the Secretary's list.
Illlll Erroneously entered " Sawyer," in the Secretary's list.
HHU " Skiff," in the town records. In the Secretary's list Skiffe is described as of Dukes County, with-
out specifying the town.
**** He was sworn, and his election is shown by the town records, but his name is not in the Secretary's
list.
ORDERS, VOTES AND RESOLVES
Passed at the Session begun and held at Boston,
on the Twenty-eighth day of May, A. D. 1707.
CHAPTER 1.
ORDER APPOINTING A COMMITTEE TO THANK SAMUEL BELCHER FOR
HIS ELECTION SERMON AND TO REQUEST A COPY THEREOF FOR
THE PRESS.*
Ordered, That Samuel Sewall and Andrew Belcher, Esq r % return'df
the thanks of the board to M r - Samuel Belcher, minister, for his ser-
mon preach'd yesterday before the gen 11- court, aud desire a copy
thereof for the press. [Passed May 29.
CHAPTER 2.
VOTE DISMISSING THE PETITION OF JOHN USHER, LATE TREASURER
OF THE TERRITORY AND DOMINION OF NEW ENGLAND, PRAYING
FOR A SETTLEMENT OF THE BALANCE OF HIS ACCOUNT.*
The petition of John Usher, Esq r , read yesterday, praying that he
may have a final answer to his applications at sev IL times made for the
payment of the ballauce of his accompts, as some time treasurer of the
territory and dominion of New England, being one thousand thirty
eight pounds eighteen shillings and one peny, as may appear by the
report of a committee of both houses the 28 th of June, 1704, was again
read, as also the report of the comm tee - thereon refer'd to, and other
papers and votes formerly pass'd relating to that affair, and then, —
Voted, That the following answer be made thereupon; viz., in
answer to the within petition of John Usher, Esq r -, grounded upon
a mistaken suggestion of the committee's report in 1704, that the sum
of one thousand thirty eight pounds eighteen shillings and one peny is
due to him for ballauce of his accompts ; to which answer hath once
and again been made, this court having duly consider'd the report of
the committee refer'd to in the petition, as also of former committees,
upon view and examination of the petitioner's accompts, with the
answers given by M r Usher to the objections against sundry articles
and charges therein, do not find anything due to him, and therefore
dismiss the petition. [Passed May 31.
* See resolves, 1692-3, chapter 8, and 1693, chapter 1, and notes.
t Sic.
X See order, 170A-5, chapter 3.
[229]
230 Province Laws {Resolves etc.). — 1707. [Chaps. 3-6.]
CHAPTER 3.
ORDER, FOR NOTIFYING THE TOWN OF SUDBURY TO APPEAR AND
ANSWER AT THE NEXT SESSION OF THE GENERAL COURT TO THE
PETITION OF THE INHABITANTS ON THE WEST SIDE OF THE GREAT
RIVER IN SUDBURY PRAYING TO BE MADE A SEPARATE PRECINCT,
ETC.* [Passed June 4.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~]
CHAPTER 4.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS OUT OF THE
PROVINCE TREASURY TO ARTHUR BEAL OF YORK IN FULL FOR
HIS SERVICES IN THE YEAR 1703 IN ATTENDING JOHN HOBBS, A
SOLDIER IN THE QUEEN'S SERVICE UNDER THE COMMAND OF
LIEUTENANT-COLONEL MARCH.
Resolved That the Sum of Three Pounds be Allowed & Paid out of
the publick Treasury, to Arthur Beale the Petitioner, in full for the ser-
vice done for John Hobbs the Sick Souldier above mentioned. [Ap-
proved June 4.
CHAPTER 5.
ORDER FOR ERECTING A TRACT OF LAND IN THE SOUTH-WESTERLY
PART OF THE TOWNSHIP OF PLYMOUTH INTO A TOWNSHIP BY THE
NAME OF PLYMPTON, ETC. [Approved June 5.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoivns, etc.']
CHAPTER 6.
RESOLVE FOR ALLOWING AND PAYING TWENTY SHILLINGS OUT OF
THE PROVINCE TREASURY TO NATHANIEL HEALY OF NEWTON, IN
FULL FOR A GUN CARRIED OFF BY THE INDIANS WHEN THEY
SLEW HIS SON NATHANIEL, AT GROTON, WHO WAS A SOLDIER IN
THE QUEEN'S SERVICE UNDER CAPTAIN JOSIAH PARKER.
Resolved That the Sum of Twenty shillings be Allowed, & Paid out
of the publick Treasury to Nath' 1 Healy the Petitioner in full for the
Gun above mentioned [Approved June 5.
* See chapters 34 and 37, post.
[1st Sess.] Province Laws (Resolves etc.). — 1707. 231
CHAPTER 7.
RESOLVE FOR ALLOWING AND PAYING TWENTY SHILLINGS OUT OF
THE PROVINCE TREASURY TO ROBERT LEWIS, A PRIVATE SEN-
TINEL WOUNDED IN THE KING'S SERVICE UNDER THE GOVERN-
MENT OF SIR EDMUND ANDROS, ETC., IN FULL FOR HIS PAY AND
LOSS OF TIME.
Resolved That the sum of Twenty shillings, be Allowed, & Paid out
of the publick Treasury to Robert Lewis the Petitioner in full [Apt-
proved June 5.
CHAPTER 8.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS SEVEN SHIL-
LINGS AND SIXPENCE TO DANIEL WILLARD, KEEPER OF THE PRISON
IN BOSTON, IN FULL FOR KEEPING THOMAS ODELL, A PRISONER,
FROM NOVEMBER 4, 1705, TO JUNE 3, 1707.
Resolved — That the sum of Ten pounds, seven shillings, & six pence,
be Allowed & Paid out of the Publick Treasury, to Daniel Willard in
full for his keeping the within mentioned Odell, to the third instant,
being at two shiilings & six pence $> week [Approved June 5.
CHAPTER 9.
ORDER APPOINTING A HEARING AT THE NEXT SESSION OF THE GEN-
ERAL COURT ON THE PETITION OF PHILIP ENGLISH OF SALEM
PRAYING RELIEF FROM A JUDGMENT AFFIRMED AGAINST HIM, ON
APPEAL, IN FAVOR OF NICHOLAS ANDREWS, PLAINTIFF AND AP-
PELLEE, BY THE SUPERIOR COURT OF JUDICATURE; AND FOR A
STAY OF EXECUTION IN THE MEAN TIME, ETC.*
A petition of Philip English of Salem, praying relief against a
judgement affirm'd against him in the superior court, held at Salem,
within the councy of Essex, in November past, at the suit of Nicholas
Andrews, and that execution may be staid, was read, and, —
Ordered, That the petitioner cause the adverse party to be served
with a copy of the petition, and that he have liberty to be heard the
last Tuesday of the next session of this court, and that execution be
staid in the mean time. [Apjyroved June 6.
CHAPTER 10.
VOTE FOR ALLOWING AND APPROVING THE PROVINCE TREASURER'S
ACCOUNTS FROM MAY 31, 1706, TO MAY 29, 1707.
The Accompts of M- James Taylor Treasurer & Receiver General
of this Province begiuing the 31 th day of May 1706. and continued
* See order, 1706-7, chapter 66.
232 Province Laws (Resolves etc. ) . — 1707. [Chaps. 11, 12.]
unto the 29 th of May 1707. Amounting unto the sum of Forty Six
thousand Six hundred & three Pounds twelve Shillings & ten pence
haveing been presented and laid before the house of Representitives
and inspected by said house By which it appeares there was standing
Out on the s- 29 th day of May of the Several Assesments Ten Thou-
sand Seven hundred fifty five Pounds Eleven Shillings and Six pence
Of y e Duty's of Impost &c- (as by Accompt rec d from Jn? Walley Esq^
Late Commission!") Sixty Pounds as also Pbwder in y e hands of James
Russel Esq- Commissi of Impost (as by an Accompt rec d from him)
to the vallue of Three hundred Sixty two Pounds five Shillings to be
drawn into the Treasury and further to be Accompted for.
Voted. That the said Accompts in the Several Articles of Receipts
and payments therein mentioned amounting unto the sum of Thirty five
thousand four hundred twenty five Pounds Sixteen Shillings & four
pence be and hereby are approved & Allowed of. And the said Treas-
urer is hereby discharged of the said sum of Thirty five thousand four
hundred twenty five Pounds Sixteen Shillings & four pence [Approved
June 6.
CHAPTER 11.
ORDER AUTHORIZING DANIEL POWNING AND MARY BRIDGHAM, A
MINOR, BOTH OF BOSTON, TO SELL HER INTEREST IN CERTAIN REAL
ESTATE OF HER FATHER JONATHAN BRIDGHAM, LATE OF BOSTON,
DECEASED.
In answer to the petition of Daniel Powning of Boston, and his
neice, Mary Bridgeham, daughter of Jonathan Bridgham, late of Boston,
tanner, dec d -, for whom he is guardian, now about nineteen years of
age, praying that he may be enabled by an order of this court, together
with the said Mary, to make sale of her share and interest in a certain
parcel of land or tanyard scituate in Boston, aforesaid, and to execute
a good and sufficient conveyance in the law for the same, —
Ordered That the Prayer of this Pet c ° n be Granted, And the Pet rs are
Impowred to make Sale of the s d Mary's Share and part in the Land or
Tanyard above mentioned, And to Execute a good & Sufficient convay-
ance in the Law for the same, the said Mary being within age notwith-
standing. — [Approved June 9.
CHAPTER 12.
ORDER APPOINTING A COMMITTEE TO VIEW THE LANDS IN CONTRO-
VERSY BETWEEN THE TOWNS OF TOPSFIELD AND BOXFORD AND
TO MAKE REPORT TO THE GENERAL COURT WHERE IT IS MOST
CONVENIENT TO RUN THE LINES BETWEEN SAID TOWNS, ETC.*
[Approved June 9.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoivns, ete.]
* See chapter 82, post, and order, 1706-7, chapter 108.
[1st Sess.] Province Laws {Resolves etc.). — 1707. 233
CHAPTER 13.
ORDER FOR GRANTING THE PETITION OF THE INHABITANTS OF LONG-
MEADOW, IN SPRINGFIELD, PRAYING TO BE MADE A SEPARATE PRE-
CINCT, PROVIDED THE NUMBER OF FAMILIES BE INCREASED TO
FORTY WITHIN THREE YEARS, AND THAT THEY SUBSCRIBE FIFTY
POUNDS PER ANNUM FOR THE SUPPORT OF A MINISTER, ETC.*
[Approved June 9.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~]
CHAPTER 14.
RESOLVE FOR ALLOWING AND PAYING THREE HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of three hundred pounds be allowed and
paid out of the publick treasury to his excellency Joseph Dudley, Esq r -,
captain-general and governour-in-chief of this her majestie's province,
for his support in managing the publick affairs of the government.
[ Appro ved June 12.
CHAPTER 15.
RESOLVE FOR PRINTING SIX THOUSAND POUNDS AND EMITTING TEN
THOUSAND POUNDS IN BILLS OF PUBLIC CREDIT; AND FOR GRANT-
ING A TAX OF TEN THOUSAND POUNDS. [Approved Junef 12.
[^Printed in the notes to the acts of the year 1707.']
CHAPTER 16.
ORDER REQUESTING THE GOVERNOR TO FORWARD BY A SHALLOP,
OR SOME OTHER FIT VESSEL, AVITH OARS, DUPLICATES OF HIS LAST
LETTERS TO THE OFFICERS AT PORT ROYAL, AND TO ORDER THE
FRIGATE AND PROVINCE GALLEY TO CONVOY THE TRANSPORTS OF
HEAVY ARTILLERYr ETC., AND TO ASSIST IN TAKING THE FORT,
ETC.
Ordered That his Excellency the Governour be Desired, to forward,
Duplicates, of his last Letters, to the Officers, at Port Royall, by a
shallop, or some other fit vessel, with oars, that they may not faile of
his Commands
And Give order that the irrigate, & Province Galley, do Convoy, &
Cover the vessels that may be Improved to Transport the great Artil-
lery above the ffort. And also to Lie before the ffort, & Assist in
Taking it, If the Councill of war shall Determine to Attempt it.
\_Passed June 13.
* See order, 1706-7, chapter 91. t Erroneously written " July " in the archives.
234 Province Laws {Resolves etc.). — 1707. [Chaps. 17-20.]
CHAPTER 17.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS EACH TO
SAMUEL SEWALL, JOHN HATHORNE, JOHN WALLEY AND JOHN LEV-
ERETT, JUSTICES OF THE SUPERIOR COURT, ETC., FOR THEIR SER-
VICES FOR THE YEAR ENDING JULY 10, 1707.
Resolved, That there be allowed and paid out of the publick treasury
to the Hon ble - Samuel Sewall, John Hathorne, John Walley and John
Leveret, Esq rs- , judges of the superiour court of judicature, to each of
them the sum of forty pounds for their service the year curr' - , expiring
the tenth day of next month. [Approved June 13.
CHAPTER 18.
RESOLVE FOR ALLOWING AND PAYING SEVENTY POUNDS TO JAMES
RUSSELL FOR HIS SERVICES AS COMMISSIONER OF THE IMPOST
DURING THE PAST YEAR.
Resolved, That the sum of seventy pounds be allowed and paid out
of the publick treasury to James Russell, Esq r -, commiss r - of impost,
for his service the year past. [Approved June 13.
CHAPTER 19.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED AND TWENTY-
FIVE POUNDS TO JAMES TAYLOR, TREASURER OF THE PROVINCE,
FOR HIS SERVICES DURING THE PAST YEAR.
Resolved, That the sum of two hundred twenty and five pounds be
allow'd and paid out of the publick treasury to M r James Tavlour,
treas r - of this province, for his service in the s d - office the year past.
[Approved June 13.
CHAPTER 20.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS TO JOHN
WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, IN PART FOR
HIS SERVICES DURING THE CURRENT YEAR.
Resolved, That the sum of fifteen pounds be allow'd and paid out of
the publick treasury to John White, clerk of this house, in part for his
service the year currant. [Concurred in by the Council, and approved
June 13.
[1st Sess.] Province Laws {Resolves etc.). — 1707. 235
CHAPTER 21.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS TO JAMES
MAXWELL FOR HIS SERVICES AS DOORKEEPER TO THE GOVERNOR
AND GENERAL COURT FOR THE YEAR ENDING JUNE 8, 1707.
Resolved, That the sum of thirty pounds be allowed and paid out of
the publick treasury to M r James Maxwell, doorkeeper to his excy. the
govern"" - and this court, for his service the year past, ending the eighth
day of the present month. [Approved June 13.
CHAPTER 22.
RESOLVE FOR ALLOWING AND PAYING THIRTY POUNDS OUT OF
THE PROVINCE TREASURY TOWARDS BUILDING THE PORTION
OF THE GENERAL FORTIFICATIONS AT DEERFIELD WHICH FALLS
TO THE SHARE OF THE POOR OF THAT TOWN AND TO SUCH AS
ARE RETURNED FROM CAPTIVITY, ETC.
Resolved — That the sum of Thirty Pounds be allowed & Paid out
of the Publick Treasury towards the Building of that Part of the Gen-
erall ffortification that falls to the share of the Poor, of Deerfieid, &
such as are return'd from Captivity, to be paid, to, & Laid out by the
Hon ble Sam 1 . 1 Partridge Esq- for the use afores^ [Approved June 13.
CHAPTER 23.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL PARTRIDGE FOR HIS SERVICES
IN TAKING CHARGE, ETC., OF THE AMMUNITION, PROVISIONS, ETC.,
OF THE FORCES POSTED IN THE COUNTY OF HAMPSHIRE, ETC.
Resolved, That the sum of twenty pounds be allowed and paid out of
the publick treasury to the Hon ble- Samuel Patridge, Esq 1 " - , in consider-
ation of his good service in taking the care, disposing and keeping the
accompts of the ammunition, provisions and cloathing to the forces
posted in the county of West Hampshire, and in improving the regi-
ment of the county, as occasion calls for. [Approved June 13.
CHAPTER 24.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
THOMAS OAKES, FOR HIS SERVICES, ETC., WHILE AGENT FOR THE
COLONY, IN ENGLAND.
It Appearing to this Court, That the Memorialist, Mf Thomas
Oakes, Subsisted himself in England, at his own charge, by the space
of two Years, during his residence, there in the publick Service.
Resolved — That the sum of Two Hundred Pounds, be Allowed, &
Paid him out of the publick Treasury in full Consideration thereof,
[Approved June 13.
236 Province Laws {Resolves etc.). — 1707. [Chaps. 25, 26.]
CHAPTER 25.
ORDER AUTHORIZING THE GOVERNOR, WITH THE ADVICE AND CON-
SENT OF THE COUNCIL, TO TRANSPORT FORCES, AMMUNITION, ETC.,
TO NOVA SCOTIA, IN THE RECESS OF THE GENERAL ASSEMBLY.
In Consideration That the forces in Nova Scotia, may stand in need
of an Inforcement of Men, Shipping, Supplies of Provisions, amu-
nition or other stores of War, during the Recesse of this Court, and
before the next session thereof
Ordered — That It be left, with his Excellency the Governour, by and
with the advice & Consent of the Councill in the Recesse as afores*? to
Send one hundred volunteers for land force, with a good ship well
man'd, eqvip't, & fitted for war, Provisions, for a Thousand men forty
two Daies, & such a qvantity of aihuuition, & other stores of War, as
They shall understand shall be needfull. or a lesser number of men, &
proportion of Provisions & stores, as the occasion shall reqvire [Ap-
proved June 13.
CHAPTER 26.
ORDER FOR PAYING OUT OF THE PROVINCE TREASURY FOR SNOW-
SHOES AND MOCCASINS, PROCURED FOR THEMSELVES BY CERTAIN
PERSONS IN KITTERY, BERWICK, WESTFIELD, AND ON THE WEST
SIDE OF THE RIVER IN SPRINGFIELD.
The four several lists of the names of persons within the towns
and precincts of Kittery, Newichawonnock alias Berwick, Westfield
and the inhabitants on the west side of the river in Springfield that are
provided with snow-shooes and moggasins as the law directs, sent up
from the represent™ 8 - with the vote of that house thereon ; viz., —
Ordered, That the snow-shooes and moggasins mention'd in the said
lists be paid for out of the publick tax levied this session as the law
directs, altho' the time wherein the said lists should have been brought
in is lapsed ; w ch- order was read at the board and voted a concurrence.
[Approved June 13.
[2d Sess.] Province Laws {Resolves etc.). — 1707. 237
ORDERS AND RESOLVE
Passed at the Session begun and held at Boston,
on the Thirteenth day of August, A. D. 1707.
CHAPTEK 27.
ORDER ADVISING THAT ALL THE DESERTERS, TOGETHER WITH THIRTY
MEN FROM THE CASTLE AND FORTY FROM THE FRONTIERS, WITH
THE VOLUNTEERS FROM RHODE ISLAND, BE FORTHWITH ARMED
AND EQUIPPED, AND SENT IN THE SHIP SWALLOW'S PRIZE AND
OTHER VESSELS, WITH ONE SLOOP FROM RHODE ISLAND, TO JOIN
THE FORCES AT NOVA SCOTIA; AND THAT THE CHARGE OF THE
SLOOP AND MEN FROM RHODE ISLAND BE BORNE BY THIS PROVINCE.
In the House of Representatives. Aug: 14: 1707
Ordered — That a Message be sent up to the Board, That this House
is of advice that all the Deserters, thirty men from the Castle, forty of
the standiug fforces in the ffroutiers,with those that shall be Rais'd, at
Rhode-Island, & Offer themselves voluntarily in this Province, be
forthwith fitted in all Points, Imbark'd, on her majesties ship the
Swallow Prize, & such other vessels as are now in the service, with
one sloop from Rhode-Island, for Major Wanton & Company. & sent
to Joine the fforces at Nova Scotia, the charge of the men £z sloop
that shall now come from Rhode Island, to be born by this Province
Sent up for Concurrence. John Burrill Speak?
In Council. — Die pdict. Read and concurr'd.
Isr Addington Secry. —
[Passed August 14.
CHAPTEE 28.
ORDER FOR A MESSAGE FROM THE REPRESENTATIVES REQUESTING
THE GOVERNOR TO SEND ORDERS TO THE COMMISSIONERS IN COM-
MAND OF THE FORCES AT NOVA SCOTIA TO DEMOLISH THE FORT AT
PORT ROYAL IF THE SAME BE TAKEN, ETC.
In the House of Representatives. Aug : 15 : 1707.
Ordered — That a Message, be sent up to the Board, That this House
humbly desire his Excellency, that positive Orders be sent to the Com-
missi in Command of the fforces gone to Nova-Scotia, That If by any
means, the ffort at Port-Royall, be or shall be taken by them, It be
forthwith Demolished.
And It is further humbly offered to his Excellency, To Commit it to
the Prudence, and Discretion, of the s*? Comiss™ whether to Take the
Ground or no, (if not already done) according as they find the Condi-
tion of our fforces, & the Enemy however that they pursue his Excel-
lency's other orders, to do all the Damage they can to the Enemy &
so Return home T ■„ , ,
John Burrill, oj^eak r
[Concurred in by the Council, and passed August 15.
238 Province Laws {Resolves etc.). — 1707. [Chaps. 29-32.]
CHAPTER 29.
RESOLVE* DECLARING THAT THE SIXTH SECTION OF THE ACT FOR
REGULATING OF TOWNSHIPS, ETC., REFERS TO TOWN AND COUNTY
ASSESSMENTS, BOTH FOR PERSONS AND ESTATES; AND THAT REAL
ESTATE IS TO BE ASSESSED TO THE TENANTS OR OCCUPANTS
THEREOF, ONLY, UNDER THE SAME PROVISIONS RESPECTING LAND-
LORDS AND TENANTS, AS THE LAW DIRECTS FOR PROVINCE TAXES.
Resolved That the said Paragraph doth equally refer to Town and
County Assessments both for persons and Estates, and that the
Tenauts or Occupants of Houseing and Lands and no others are
to be assessed for the same, as the Law directs, for Province Taxes,
under the like provision betwixt Landlords and Tenants ; [Approved
August 16.
CHAPTER 30.
ORDER FOR REISSUING TWO THOUSAND POUNDS IN BILLS OF PUB-
LIC CREDIT OF THE FORMER ISSUE IN CASE THAT AMOUNT OF THE
NEW BILLS IS NOT READY FOR EMISSION. [Approved August 16.
[Printed in the notes to the acts of the year 1707.']
CHAPTER 31.
ORDER DIRECTING THE PROVINCE TREASURER TO EXCHANGE WITH
JONAS BOND, FOR ONE UNENDORSED BILL OF CREDIT OF FIVE SHIL-
LINGS ON THE LATE COLONY OF THE MASSACHUSETTS BAY, A BILL
OF THIS PROVINCE OF LIKE VALUE.
Ordered, That the treasurer be directed to receive of Jonas Bond,
Esq% the five shilling bill of credit upon the late colony of the Massa-
chusets Bay hereto annex'd, not endorsed by the treasurer, and to
give him a bill of credit upon this province of like value for the same.
[Approved August 16.
CHAPTER 32.
ORDER DIRECTING THE COMMISSARY-GENERAL TO PROVIDE SMALL
ARMS FOR RECRUITS, TO FORWARD PROVISIONS FOR THIRTEEN
HUNDRED MEN FOR TWENTY-EIGHT DAYS BEYOND THE THIRTY
DAYS ALREADY PROVIDED FOR, AND TO FURNISH CLOTHING AND
NECESSARIES FOR THE SICK AND WOUNDED SOLDIERS AND OTHER
STORES FOR THE FORCES AT NOVA SCOTIA.
Ordered — That the Commiss7 Generall be Directed, to Provide
Small Arms, for the men to be now raised so far as wanted, And to
Provide, & forward Provisions for thirteen hundred men, twenty eight
Daies, over and above the thirty Daies Provisions last ordered, Cloth-
ing, necessaries for sick & wounded, & what other stores shall be
found needfull for the fforces at Nova Scotia. [Approved August 16.
* Printed also in the note to the act of November 16, 1692 ; see chapter 88, post.
[3d Sess.J Province Laws (Resolves etc.). — 1707. 239
ORDERS, VOTES AND RESOLVES
Passed at the Session begun and held at Boston,
on the Twenty-ninth day of October, A. D. 1707.
CHAPTER 33.
ORDER APPOINTING A JOINT COMMITTEE* TO CONSIDER THE ANCIENT
RECORDS OF LINES AND BOUNDARIES BETWEEN THE LATE COLONY
OF THE MASSACHUSETTS BAY AND THE COLONY OF CONNECTICUT,
AND THE LATE COLONY OF NEW PLYMOUTH AND THE COLONY OF
RHODE ISLAND AND PROVIDENCE PLANTATIONS, AND TO PROPOSE
METHODS TO COMPROMISE AND SETTLE DISPUTES RELATING THERE-
TO BETWEEN THE GOVERNMENTS OF THE ADJACENT TERRITORIES ;
SAID COMMITTEE TO REPORT t AS SOON AS MAY BE TO THE GENERAL
COURT DURING THE PRESENT SESSION. [Passed October 30.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 34.
VOTE APPOINTING A HEARING ON THE PETITION OF THE INHABITANTS
ON THE WEST SIDE OF THE GREAT RIVER IN SUDBURY PRAYING
TO BE MADE A SEPARATE PRECINCT.+ [Passed October 30.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoions, etc.']
CHAPTER 35.
ORDER APPOINTING A HEARING UPON THE PETITION OF THE PRO-
PRIETORS AND FREEHOLDERS OF THE TOWNSHIP OF WENHAM,
PRAYING FOR A SETTLEMENT OF THEIR DIFFERENCES ABOUT THE
DIVISION OF THEIR COMMON LANDS, CONTESTED BY JOSEPH FOWLER,
AND FOR NOTIFYING SAID FOWLER THEREOF.^ [Passed October 31.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
oftoions, etc.]
* See order, 1706-7, chapter 99. J See chapters 3, ante, and 37, post.
t See chapters 41 and 6S, post. $ See chapters 45 and 56, post.
210 Province Laws (Resolves etc.). — 1707. [Chaps. 3 6-3 9.]
CHAPTER 36.
ORDER APPOINTING A HEARING OX THE PETITION OP MEMBERS OF
THE SOUTH CHURCH IN BRAINTREE, ETC.. PRAYING FOR A SEPA-
RATE PRECENCT, AND FOR NOTIFYING THE SELECTMEN OF SAID
TOWN. ETC.» [Passed October 31.
[Printed icith resolves, orders, etc.. relating to the establishmejit, etc.,
oftoicns, etc.~\
CHAP TEE 37.
ORDER APPOINTING A COMMITTEE TO YTEW THE PREMISES AND HEAR
THE PARTIES INTERESTED IN THE PETITION OF THE INHABITANTS
OF THE WEST SIDE OF SUDBURY GREAT RIVER. PRAYING TO BE
MADE A SEPARATE PRECINCT, ETC.: SAID COMMITTEE TO REPORT
THEREON, ETC.+ [Approved Xorember 1.
"Printed with resolves, orders, etc.. relating to the establishment, etc.,
oftoicns. -
CHAPTER 38.
RESOLVE FOR ALLOWING OUT OF THE PROVINCE TREASURY TO JOHN
SHELDEN SEVEN HUNDRED LIYRES FOR HIS EXPENSES AND FIFTY
POUNDS FOR HIS SERVICES AS MESSENGER TO CANADA; ALSO SEV-
ENTEEN POUNDS EACH TO THE THREE PERSONS THAT WENT WITH
HIM ON SAID SERVICE, ETC.
The following order, pass'd in the bouse of represent"""- upon the
petition of John .Shelden. late messenger to Canada, was read and
1 to : viz . . —
Resolved — that the Petitioner's ace? herewith Presented, viz : seven
hundred Livers, amounting to ffifty eight, Pounds, sixteen shillings, &
eight pence, be allowed out of the Province Treasury.
And for his Time & Service, in the affair within mentioned, the sum
of fifty Pounds, of which he is Paid Thirteen Pounds, twelve shillings
by a muletto.
And to each the three Persons that went with him, seventeen Pounds
[Approved November 1.
CHAPTER 39.
ORDER APPOINTING A COMMITTEE TO HEAR THE PARTIES INTERESTED
IN THE PETITION OF JOHN" ASLEBEE AND OTHERS OF ANDOVER IN
REGARD TO THE LOCATION OF THEIR MEETING-HOUSE; SAID COM-
MITTEE TO REPORT THEREON, ETC. [Approved November 3.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
* See chapters 51 and 65, post. f See chapter* 3 and 34, ante.
[3d Sess.] Province Laws {Resolves etc.). — 1" 243
CHAPTER 4:0.
RESOLVE FOB ALLOTTING AXD PAYING TEX POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL SFBAGUE OF DUXBURY, LIEUTEN-
ANT UNDER CAPTAIN STEPHEN OTIS IN THE EXPEDITION TO NOVA
SCOTIA, FOR HIS SUFFERINGS. EXPENSE, ETC., OCCASIONED BY A
WOUND RECEIVED IN SAID EXPEDITION.
Upon reading a petition of Sam- Spragae of Duxbury. Lieut, to
Cpt. Stephen Otis in the expedition to L'Aecadie, etc.. and wounded
in her Maj"* service, with the resolve pass'd thereupon in the house
of represent" 5 ; viz.. —
Resolved — That the Sum of Ten Pounds be Allowed. & Paid out of
the publick Treasury to Samuel Spragae the Petitioner, in full for his
Smart, Money, Cure. & Losse of time. [Concurred in by the Council,
and approved November 3.
CHAPTER 41.
RESOLVE DIRECTING THAT THE PERSON'S APPOINTED BY RHODE
ISLAND TO RENEW THE BOUNDS BETWEEN THIS PROVINCE AND
THAT COLONY BE RELEASED FROM THEIR RECOGNIZANCE; AND
SUGGESTING THE RELEASE OF THE PERSONS FROM THIS PROVINCE
SIMILARLY HELD BY THE GOVERNMENT OF SAID COLONY.'
Upos a motioh from the gen j assembly of the colony of Rhoad
Island, etc.. by their letter of the 29 th of October past, proposing that
there be committees appointed by both governments for the renewall of
the bounds betwixt this province and that colony : also recommending
it, that the persons of each government bound over to answer for tres-
passes committed be discharged. —
Resolved. That the persona belonging to Rhode Island, being under
recognizance to her majesties courts here on the head abovesaid, be
discharged, in confidence that the govern nr there will do the like by
ours, and her maj" justices of the courts within this province are
directed accordingly. [Approved November 4.
CHAPTER 42.
RESOLVE FOR ABATING AND REMITTING THE IMPOST ON EIGHTEEN
PIPES OF DECAYED WJNES IMPORTED BY THOMAS PALMER OX THE
KETCH FREKE, FROM THE WESTERN 1SLAXDS. JOHX RAYNER,
MASTER.
The petition of Thomas Palmer, Esq r . read yesterday and sent down,
praying that the commissioner for impost may be ordered to rebate
and pay back to him the rates and duties paid for eighteen pipes of
decayed wines of the western islands, imported on the ketch Freeke.
John Rayner. master, sent up from the represent*™" with the resolve of
that house pass'd thereon : viz., —
Resolved — That the Praier of the Petition on the other side be
granted, & order given to the Commission^ 5 of Impost according
[Concurred in by the Council, and approved November 5.
- - :er> 33. ante, ar. I
242 Province Laws (Besolves etc.) . — 1707, [Chaps. 43-46.]
CHAPTER 43.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF DEERFIELD TOWARDS THE
MAINTENANCE OF THE MINISTRY THERE, DURING THE YEAR COM-
MENCING DECEMBER 6, 1707.
The petition of the town of Deerfield, read yesterday and sent
down, praying for the continuation of an allowance towards the sup-
port of the minister, sent up again from the representatives with the
resolve of that house pass'd thereon ; viz., —
Resolved — That the Sum of Twenty pounds be allowed, & Paid out
of the publick Treasury towards the support of the ministry in the
Town of Deerfield the year ensuing begining the 6 th day of Decern r
next. [Concurred in by the Council, and approved November 5.
CHAPTER 44.
ORDER FOR ALLOWING AND SUPPLYING OUT OF THE PUBLIC STORES
A BARREL OF POWDER AND TWO HUNDRED WEIGHT OF SHOT TO
EACH OF THE TOWNS OF WELLS AND YORK.
Upon the petition of William Sawyer and Lewis Bane, represent* 68 -
of the towns of Wells and York, the following order pass'd in the
house of represent™- was read and concur 'd ; viz., —
Ordered That a barrel of Powder & two hundred weight of Shot be
allowed, & supplied out of the publick stores, to each of the s tl Towns.
[Approved November 5.
CHAPTER 45.
VOTE POSTPONING THE HEARING UPON THE PETITION OF THE FREE-
HOLDERS OF THE TOWN OF WENHAM, ASSIGNED FOR THIS DAY,
UNTIL FRIDAY, NOVEMBER 14, 1707.* [Passed November 7.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 46.
ORDER APPOINTING A HEARING, AT THE NEXT SESSION OF THE GEN-
ERAL COURT, OF THE TOWN OF REHOBOTH, IN REGARD TO THE
ENLARGEMENT OF THE BOUNDS OF ATTLEBOROUGH, ETC. [Approved
November 8.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
* See chapters 35, ante, and 56, post.
[3d Sess.] Province Laws {Resolves etc.). — 1707. 243
CHAPTER 47.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO WILLIAM BEAL OF YORK, A SOLDIER WHO
LOST THE USE OF HIS ARM WHILE IN THE KING'S SERVICE.
Upon a petition of "William Beal of York setting forth that he hath
in a great measure lost the use of oue of his arms by a hurt he hath
received iu the countrey's service aud been at considerable charge for
cure, —
Resolved — That the sum of Twenty Pounds, be Allowed & Paid,
out of the publick Treasury, to William Beale the Petitioner, in full
Compensation, for Payment of the Doctor Losse of time, & other
Expences he hath been at with respect to the Damage he sustained in
that Post. [Approved November 13.
CHAPTER 48.
VOTE ACCEPTING THE REPORT OF THE SURVEYORS* APPOINTED TO
LAY OUT TO FRANCIS COLLINS OF LONDON, FIVE HUNDRED ACRES
OF LAND IN THE NIPMUCK COUNTRY WHICH WERE GRANTED BY
THE GENERAL COURT, IN 1683, TO HIS FATHER, JOHN COLLINS, LATE
OF LONDON, DECEASED. [Approved November 24.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 49.
RESOLVE FOR ALLOWING AND PAYING FORTY POUNDS OUT OF THE
PROVINCE TREASURY, TO BE EQUALLY DISTRIBUTED AMONG JOHN-
SON HARMON, LIEUTENANT AUSTIN, JOSIAH BLACK, JOHN HARMON,
JOHN COLE, TIMOTHY DAY, NICHOLAS CANE AND THOMAS MORE, ALL
OF YORK, FOR THE LOSS OF THEIR CLOTHES, ETC., IN A FIGHT
WITH THE INDIANS AT WINTER HARBOR; ALSO TEN POUNDS TO
THE WIDOW OF BENJAMIN DONNELL, OF THE SAME COMPANY, SLAIN
IN SAID FIGHT.
Upon reading a petition prefer' d by Johnson Harman, JJ- Austin,
Josiah Black, John Harman, John Cole, Timothy Day, Nicholas Cane,
and Thomas Moor, all of York, praying an allowance for the loss of
their cloaths, etc., in a late engagement with a body of Indians at
Winter Harbour, and on behalf of the widow and children of Benj a -
Donnel, one of their company, who was slain in the said engagement,
divers of the Indians being by them kill'd, —
Resolved — That the sum of Forty Pounds be Allowed and Paid out
of the publick Treasury, to the Petitioners, to be eqvally divided
amongst them, And the sum of Ten Pounds, to the Widow, relict, of
Benj? Donnel slain in the Action. [Approved November 14.
* See order, 1705-6, chapter 23.
244 Province Laws (Resolves etc.) . — 1707. [Chaps. 50. 51.]
CHAPTER 50.
ORDER APPOINTING A COMMITTEE TO VIEW THE BRIDGES IN THE
TOWN OF CONCORD, AND TO REPORT WHETHER THE CHARGES ARE
NOT MORE THAN THE SAID TOWN SHOULD BEAR, ETC.
Upon reading a petition of the selectmen of Concord, in behalf of
the said town, setting forth that they are extraordinarily burthen'd by
the sole maintenance of three very costly bridges over great and peevish
rivers in the said town, tho' all of great use both to the county and
countrey, praying that a committee may be appointed and impowered to
examin thereinto, and to order some way for their ease, —
In the House of Representatives Nov?' 13 : 1707
Ordered — That at the Cost of the Petitioners, there be Persons
Appointed to view the s? Bridges, & Consid? their Cost, whether the
charge be not more that s^ Town bears than they ought, considering
the s'J Bridges are Improved for the Province, & County, & make
Report thereof to this Court, that relief may be afforded to them if
there be reason for it.
Sent up for Concurrence. John Bukkill Speak r
Die Predict The Conncill Agre to the Abouesaid vote and desire
that $>sons may be 'named Accordingly. / —
voted in Councill Ja : Russell* $> Order
In the House of Representatives Nov? 14^ 1707
Ordered — That M? Speaker Capt Samuel Gardner, & Mf John
Sternes be a Committee to Joine with such as the Hon'' : ,e Board shall
Appoint for the affair abovementioned.
Sent up for Concurrence. John Burrill Speak?
Consented to by the Councill and Coll Penn Townsend & Coll
Ephraim Hunt ar appointed to Joine w th the Abouesd $>sons & Coll
Townsend to Appoint time and place of Meeting
Boston y? 14 th Nouemb r 1707 Ja : Russell* ,jp ord-
[Approved November 14.
CHAPTER 51.
ORDER FOR REVIVING THE VOTE OF THE THIRTY-FIRST OF OCTOBER,
WHICH HAD LAPSED, APPOINTING A HEARING ON THE PETITION OF
THE SOUTH CHURCH IN BRAINTREE, AND APPOINTING THE NINE-
TEENTH OF NOVEMBER FOR THAT PURPOSE, THE PETITIONERS TO
NOTIFY THE ADVERSE PARTY THEREOF.f [Passed November 14.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc. - ]
* Russell, who was a member of the Council, appears to have acted for the Secretary
in this matter.
f See chapters 36, ante, and 65, post.
[3d Sess.] Province Laws {Resolves etc.)* — 1707. 245
CHAPTER 52.
VOTE ACCEPTING THE REPORT OF JOHN CHANDLER, SURVEYOR,* EM-
PLOYED TO SURVEY ONE THOUSAND ACRES OF LAND FOR MAJOR
WILLIAM WHITING OF HARTFORD, WHICH WAS GRANTED TO HIS
FATHER, JOHN WHITING, BY THE LATE COLONY OF THE MASSA-
CHUSETTS BAY IN 1684, IN BEHALF OF HIMSELF AND THE REST OF
THE CHILDREN OF WILLIAM WHITING, GRANDFATHER OF MAJOR
WILLIAM WHITING. [Approved November 15.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 53.
RESOLVE FOR ALLOWING AND PAYING FORTY SHILLINGS OUT OF THE
PROVINCE TREASURY TO HENRY SEAGER OF NEWTON, FOR ARMS,
ETC., LOST BY HIS TWO SONS WHO WERE IMPRESSED INTO THE
SERVICE.
UroN the petition of Henry Seager of Newton, praying allowance
for arms, etc., lost by his two sons who were impressed into the
country's service, at Groton, in the summer of 1706, one of whom was
killed and the other captured by the enemy, f — ■
Resolved — That the sum of forty shillings be Allowed, & Paid, out
of the publick Treary to Henry Seager the Petitioner. [Approved
November 15.
CHAPTER 54.
RESOLVE FOR ALLOWING AND PAYING TEN POUNDS OUT OF THE
PROVINCE TREASURY TO HUGH PIKE, ENSIGN UNDER MAJOR
SHADRACH WALTON IN THE LATE EXPEDITION TO NOVA SCOTIA,
ON ACCOUNT OF A WOUND RECEIVED IN HIS THIGH ON SAID
EXPEDITION.
Upon reading a petition of Hugh Pike, ensign under Major Walton
in the late expedition to Nova Scotia, praying allowance for smart
money for his present relief and a stipend, having his thigh broken by
a shot, —
Resolved — That the sum of Ten Pounds be allowed & Paid, to Hugh
Pike the Petitioner, for smart-money, & present Relief to his ffamily.
out of the publick Treasury [Approved November 15.
* See order, 1700-1, chapter 10.
t This preamble was prepared by the editor, to make the order intelligible without
printing the petition in full.
246 Province Laws {Resolves etc.). — 1707. [Chaps. 55-58.]
CHAPTER 5 5.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO THE TOWN OF BROOKFIELD TOWARDS
THE MAINTENANCE OF THE MINISTRY THERE DURING THE YEAR
BEGINNING NOVEMBER 7, 1707, ETC.
Upon reading a petition of the inhabitants of Brookfield, praying
some help towards the support of a minister in the said town, —
Resolved — That the sum of Twenty Pounds be allowed & Paid out
of the Publick Treasury towards maintaining a minister in the s^ Town
the year currant, beginning the 7 th instf Provided such minister be
Approved, by the ministers of the three next neighbouring Towns.
[Approved November 15.
CHAPTER 56.
ORDER FOR ALLOWING THE PROPRIETORS AND FREEHOLDERS OF
THE TOWNSHIP OF WEN HAM, TO PROSECUTE THEIR APPEAL IN AN
ACTION BROUGHT AGAINST THEM BY JOSEPH FOWLER. APPELLEE,
AT THE NEXT TERM OF THE SUPERIOR COURT, ETC., FOR THE
COUNTY OF ESSEX; THE SAID APPELLEE TO BE SERVED WITH A
COPY OF THIS ORDER, ETC. [Approved November 11.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, ete.]
CHAPTER 57.
ORDER FOR LAYING OUT TO JOSIAH AND THEOPHILUS COTTON FIVE
HUNDRED ACRES OF LAND WHICH WERE GRANTED BY THE GEN-
ERAL COURT IN 1685 TO THEIR FATHER, JOHN COTTON, DECEASED.
[Approved November 11.
\_Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc. - ]
CHAPTER 58.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS OUT OF THE
PROVINCE TREASURY TO RICHARD GRIDLEY OF BOSTON. A SOLDIER
WHO BROKE HIS ARM WHILE IN THE QUEEN'S SERVICE.
Upon reading the petition of Cpt. Richard Gridley, praying some
recompence for his loss of time, being utterly uncapable at present to
follow his trade, having broke his right arm whilst in her majesties
service, —
Resolved — That the Sum of ffive Pounds be allowed & Paid out of
the Publick Treasury, to Richard Gridley the Petitioner. [Approved
November 18.
[3d Sess.] Province Laws {Resolves etc.) . — 1707. 247
CHAPTER 59.
ORDER FOR FURTHER CONTINUING THE RESOLVE OF MARCH 7, 1700-1 *
FOR COMPROMISING AND ENDING THE DIFFERENCES RELATING TO
THE SUPPORT OF THE MINISTRY IN THE MIDDLE AND EASTERLY
PARTS OF WATERTOWN. [Approved November IS.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 60.
ORDER FOR ANNEXING THE TOWN OF ROCHESTER TO THE COUNTY OF
PLYMOUTH, AND DIRECTING THAT THE RATES ALREADY ASSESSED
SAID TOWN IN THE COUNTY OF BARNSTABLE BE PAID THERE. [Ap-
proved November lit.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 61.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL STEVENS OF MARLBOROUGH, A
SOLDIER WOUNDED IN THE QUEEN'S SERVICE; ALSO FOR ALLOW-
ING HIM A PENSION OF FORTY SHILLINGS PER ANNUM DURING THE
PLEASURE OF THE GENERAL COURT.
The following resolve pass'd in the house of represent^ upon the
petition of Samuel Stevens of Marlboro', wounded in her majesties ser-
vice, read and concur'd ; viz., —
Resolved — That the Sum, of Twenty Pounds, be Allowed & Paid
out of the publick Treasury, to Samuel Stevens, the Petitioner, in full
for Payment, of his Expence on the Doctor &c* And That a Pension
of ft'orty shillings $> anS, be allowed him during the Pleasure of this
Court. [Approved November 20.
CHAPTER 62.
RESOLVE FOR ALLOWING AND PAYING NINE POUNDS SEVEN SHIL-
LINGS AND EIGHTPENCE OUT OF THE PROVINCE TREASURY TO
BENJAMIN ELIOT FOR COPIES OF THE LAWS, AND FOR PAPER, ETC.,
FOR THE USE OF THE PUBLIC.
The following resolve pass'd in the house of represent ves - upon an
ace 1, of Benjamin Eliott, bookseller, read and concur'd ; viz., —
Resolved That the s"? sum of Nine, Pounds seven shillings, & eight
pence, be Allowed & paid out of the publick Treasury, to Benj? Eliot
the accountant [Approved November 21.
* See resolves, 1700-1, chapters 29 and 76.
248 Province Laws {Resolves etc.). — 1707. [Chaps. 63-66.]
CHAPTER 63.
VOTE FOR EXCHANGING THE LAND FORMERLY BELONGING TO DANIEL
WILCOK FOR THE LAND OF COLONEL BENJAMIN CHURCH, FOR THE
BETTER ACCOMMODATION OF THE INDIANS THERE DWELLING, ETC.*
[Approved November 24.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
CHAPTER 64.
VOTE FOR APPOINTING THURSDAY, THE ELEVENTH DAY OF DECEM-
BER, 1707, AS A DAY OF PUBLIC THANKSGIVING.
Upon the desire of the represent™ 8 - his excellency, with the advice
of the council, emitted a proclamation for a general thanksgiving upon
Thursday the eleventh of December next. [Approved November 24.
CHAPTER 65.
VOTE DECLARING THAT THE AGREEMENT OF THE TOWN OF BRAIN-
TREE FOR THE SUPPORT OF THE REVEREND MOSES FISKE IS GOOD
AND VALID, AND THAT THE MEMBERS OF THE NEW CONGREGATION
SUBSCRIBE FOR THE MAINTENANCE OF THEIR MINISTER AND PRE-
SENT THE SAME AT THE NEXT SESSION OF THE GENERAL COURT,
ETC.| [Approved November 25.
[Printed ivith resolves, orders, etc., relating to the establishment, etc.,
oftoxvns, etc.]
CHAPTER 66.
ORDER FOR ABATING FOUR POUNDS OF THE DUTY DUE BY DAVID
JEFFRIES OF BOSTON, ON A NEGRESS AND FOUR CHILDREN CON-
SIGNED TO HIM IN THE SLOOP REBECCA, FROM JAMAICA, JOHN
PITTS, MASTER.
Upon reading the petition of David Jeffries, merchant, praying an
abatement of the duty for four small negroe children imported, —
Ordered — That the Sum of ff our Pounds be abated to the Petitioner,
in regard one of the Said negroes, was a Sucking child. [Approved
November 25.
* See resolve, 1700-1. chapter 80, and vote 1706-7, chapter 105.
f See chapters 36 and 51, ante.
[3d Sess.] Province Laws {Resolves etc.). — 1707. 249
CHAPTER 67.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN COLBORN, A SOLDIER WOUNDED IN
THE QUEEN'S SERVICE.
Resolved — That the Sum of ffifteen Pounds be allowed, & Paid, out
of the publick Treasury, to John Colburn the Petitioner, in full for
Payment of Doctors, Dyet, smart-money, & losse of time. [Approved
November 25.
CHAPTER $8.
VOTE ACCEPTING THE REPORT OF THE COMMITTEE* APPOINTED TO
CONSIDER THE ANCIENT RECORDS OF LINES AND BOUNDARIES BE-
TWEEN THE LATE COLONY OF THE MASSACHUSETTS' BAY AND THE
COLONY OF CONNECTICUT, AND THE LATE COLONY OF NEW PLYM-
OUTH AND THE COLONY OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS, AND TO PROPOSE METHODS TO COMPROMISE AND
SETTLE DISPUTES RELATING THERETO BETWEEN THE GOVERN-
MENTS OF THE ADJACENT TERRITORIES. [Approved November 'JO.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 69.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS AND FIFTEEN
SHILLINGS OUT OF THE PROVINCE TREASURY TO JOSEPH WILDER
OF LANCASTER, IN FULL FOR SNOW-SHOES PROVIDED BY HIM FOR
THE QUEEN'S SERVICE IN THE YEAR 1703.
The following resolve, pass'd in the house of represent' 08 - upon a
petition of Joseph Wilder of Lancaster praying payment of four pounds
fifteen shillings for snow-shooes provided for her maj ies service in the
year 1703, read and concur'd ; viz., —
Resolved — That the Sum of ffour Pounds and ffifteen shillings be
allowed, & Paid out of the publick Treasury to Joseph Wilder the
Petitioner, in full for the Snow Shoes abovementioned. [Approved
November 26.
CHAPTER 70.
RESOLVE FOR GRANTING THREE HUNDRED ACRES OF LAND TO JOHN
SHELDEN IN CONSIDERATION OF HIS SERVICES AS MESSENGER TO
CANADA, AND DIRECTING A PLAT THEREOF TO BE LAID BEFORE
THE GENERAL COURT. [ Approved November 20.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.']
* See chapters 33 and 41, ante.
250 Province Laws {Resolves etc.). — 1707. [Chaps. 71-74.]
CHAPTER 71.
ORDER FOR GRAVING THE PROVINCE GALLEY.*
Upon representation of M r Commissary-General that the province
galley will suffer considerable damage by lying ungraved, —
Ordered, That she be forthwith graved. [Passed November 26.
CHAPTER 72.
RESOLVE FOR ALLOWING AND PAYING OUT- OF THE PROVINCE TREAS-
URY A PENSION OF THREE POUNDS PER ANNUM, UNTIL OTHERWISE
ORDERED, TO WILLIAM SUTTON, A SOLDIER WOUNDED IN THE
QUEEN'S SERVICE.
Resolved That the Sum of Three Pounds $> annum be Allowed, &
Paid out of the publick Treasury to William Sutton the Petitioner,
untill this Court shall order otherwise. [Approved November 26.
CHAPTER 73.
RESOLVE FOR ALLOWING AND PAYING TWENTY POUNDS OUT OF THE
PROVINCE TREASURY TO THOMAS PHILLIPS OF BOSTON, WHO WAS
CRIPPLED WHILE IN THE QUEEN'S SERVICE; AND FOR ALLOWING
HIM A PENSION OF THREE POUNDS PER ANNUM UNT^L OTHERWISE
ORDERED.
The following resolve, pass'd in the house of represent' 68 * upon the
petition of Thomas Phillips of Boston, wounded in her rnajestie's ser-
vice, read and concur'd; viz., —
Resolved — That the Sum of Twenty Pounds be allowed, & Paid out
of the Publick Treasury to Thomas Phillips the Petitioner, for Com-
pensation to this day, And Three Pounds, $p annum, as a Pension, So
long as this Court shall see good, to allow the Same. [Approved
November 26.
CHAPTER 74.
ORDER FOR PAYING THE SOLDIERS WHO DESERTED FROM THE EXPE-
DITION TO NOVA SCOTIA BUT RETURNED AND VOLUNTARILY RE-
ENTERED THE SERVICE; ALSO FOR CONTINUING IN THE SERVICE
AND UNDER PAY FOR ONE YEAR, THOSE WHO WERE BROUGHT
BACK BY FORCE, AND REQUIRING THAT SUCH OFFICERS AND SOL-
DIERS WHO DID DESERT BE PROPERLY DISTINGUISHED IN THE
MUSTER ROLLS, ETC.
In the House of Representatives NovT 25'. h 1707.
Inasmuch as we understand, That the Souldiers, in the late Expedi-
tion, to Nova Scotia were in the Inlisting themselves generally under
Expectation, of being Dismiss'd within ten weeks, but were Continued
longer.
* It has not been found that the representatives acted with the Council in the passage
of this order; hut, since it is recorded in the legislative journals of the Council, and in-
volved the expenditure of money, it is assumed to have been passed concurrently by both
branches.
[3d Sess.] Province Laws (Resolves etc.). — 1707. 251
Ordered — That the Deserting souldiers in the said Expedition, such
as return'd iigain, and were admitted, into service, be Paid, for what
time they served, both before, & after their Deserting : And That such
as did not Return upon Proclamation, but were Taken & Returned by
force, be Continued, in her Majesties service under Pay, one twelve
months from this time if the war Continues so long.
That such as never Returned again have no Pay.
That such as did Return upon Proclamation and are yet Continued in
service, His Excellency be Reqvested, to Release them as soon as
may be.
That the Granadiers, have ten shillings apiece allowed them towards
their red Coats & Caps, and Pay the rest out of their wages.
That the Commission-Officers be allowed Pay, for no longer time,
than untill the souldiers, under them, were Disbanded, & such as had
leave to Return from the army, for no longer time, than untill they did
or might get home.
Sent up for Concurrence John Burrill Sjjeaker
In Council — 25 th Nov? 1 707. Read.
In Council. 26° Nov' 1707. Read and Concurr'd.
Isf Addington Secry
2G° Novr 1707. In Council.
In Pursuance of the within written Articles Ordered That every Cap-
tain and Commanding Officer of Each Company, do truely distinguish
in his Roll of such of his officers and souldiers that Deserted with the
day when and the day of their Return ; on Paine that any Captain or
Commanding Officer that neglects his Duty herein shall forfeit his own
pay, the value thereof to be recovered back, if before received : —
Sent down for Concurrance Isr Addington Secry
In the House of Representatives Nov* 27 : 1707.
Read and Concurr'd John Burkill Speak r
[Approved November 27.
CHAPTER 75.
ORDER FOR ADDING COLONEL SAMUEL CHECKLEY TO THE COMMITTEE
APPOINTED TO PRINT AND SIGN, ETC., BILLS OF PUBLIC CREDIT, IN
PLACE OF SAMUEL LEGG, DECEASED.
Ordered, That Coll. Samuel Checkley be added to the committee*
for making and signing credit bills on this province in the room of
Sam 11 - Legg, Esq r -, dec d -. [Passed November 27.
CHAPTER 76.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS THREE SHIL-
LINGS AND SIXPENCE OUT OF THE PROVINCE TREASURY TO WIL-
LIAM BEAL, IN FULL FOR FERRYING DONE FOR THE PROVINCE, TO
DATE.
Resolved, That the sum of three pounds three shillings and sixpence
be allow'd and paid out of the publick treasury to William Beal, in full
for ferryage done for the province to this day. \_Approved Novem~
ber 27.
* See resolves, 1702, chapter 74, and 1703-4, chapter 48.
252 Province Laws {Resolves etc.). — 1707. [Chaps. 77-80.]
CHAPTER 77.
RESOLVE FOR ALLOWING AND PAYING FIVE POUNDS FOURTEEN SHIL-
LINGS AND SIXPENCE OUT OF THE PROVINCE TREASURY TO THOMAS
SAWYER, IN FULL FOR HIS EXPENSES FOR NURSING OF, AND AT-
TENDANCE UPON, SEVERAL SICK AND LAME SOLDIERS.
Resolved, That the sum of five pounds fourteen shillings and six-
pence be allow'd and paid out of the publick treasury to Thomas
Sawyer, in full of his accompt of expences for nursing and attendance
of Nickerson, Brick, Kent and Fowler, sick and lame soldiers in her
majestie's service, put on shoar at Glocester. [Approved Novem-
ber 27.
CHAPTER 78.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS FOUR SHIL-
LINGS AND TENPENCE OUT OF THE PROVINCE TREASURY TO EDWARD
SARGENT IN FULL FOR FERRYING DONE, ETC., FOR THE PROVINCE,
TO DATE.
Resolved, That the sum of three pounds four shillings and tenpence*
be allow'd and paid out of the publick treasury to Edward Sergeant in
full for ferryage and subsistence for the province to this day. [Ap-
proved November 28.
CHAPTER 79.
RESOLVE FOR ALLOWING AND PAYING THREE POUNDS OUT OF THE
PROVINCE TREASURY TO RICHARD JACKMAN, IN FULL FOR FERRY-
ING DONE FOR THE PROVINCE TO DATE.
Resolved, That the sum of three pounds be allowed and paid out of
the publick treasury to Richard Jackman, in full for ferryage done by
him for the province to this day. [Approved November 28.
CHAPTER 80.
RESOLVE FOR ALLOWING AND PAYING TWO POUNDS FIFTEEN SHIL-
LINGS AND SIXPENCE OUT OF THE PROVINCE TREASURY TO JOHN
NEWMAN, IN FULL FOR HIS CARE OF SEVERAL SICK AND LAME
SOLDIERS.
Resolved, That the sum of two pounds fifteen shillings and sixpence
be allow'd and paid out of the publick treasury to John Newman, Esq r ,
in full of his accompt for his care of sev 11, sick and lame soldiers.
[Apptroved November 28.
* " Twopence," in the Executive Records of the Council, and in the Treasurer's account.
[3d Sess.J Province Laws {Resolves etc.). — 1707. 253
CHAPTER 81.
RESOLVE FOR PRINTING, ETC., TEN THOUSAND POUNDS AND EMITTING
TWENTY THOUSAND POUNDS IN BILLS OF PUBLIC CREDIT; AND FOR
GRANTING A TAX OF TWENTY THOUSAND POUNDS. [Approved Novem-
ber 28.
[Printed in the notes to the acts of the year 1707.']
CHAPTER 82.
VOTE ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED TO
VIEW THE LANDS IN CONTROVERSY BETWEEN THE TOWNS OF
TOPSFIELD AND BOXFORD* [Approved November 28.
[Print t'tl with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.~\
CHAPTER 83.
RESOLVE FOR ALLOWING AND PAYING SEVENTY POUNDS OUT OF
THE PROVINCE TREASURY, IN EQUAL PARTS, TO JOHN APPLETON,
SAMUEL LILLIE, JOHN RUCK AND JOANNA BULKLEY, IN FULL FOR
CANNON IMPRESSED FOR THE KING'S SERVICE AT CASTLE WIL-
LIAM.
A petition of Samuel Lillie, mercb. 4 ", praying payment for four great
guns belonging to him and company, impress'd for herf maj ies - service
at the Castle, read and concur'd with the resolve pass'd thereon in the
house of represent' 63 - ; viz., —
Resolved, That the sum of seventy Pounds be Allowed, & Paid out,
of the Publick Treasury in eqvall Parts, to John Appleton Esqf Samuel
Lilly. John Ruck, & Joanna Buckley, in full for the Guns within men-
tioned. [Approved November 28.
CHAPTER 84.
ORDER FOR APPOINTING A COMMITTEE TO EXAMINE, ETC., INTO THE
CONTROVERSY BETWEEN BENJAMIN WOODBRIDGE AND THE TOWN
OF MEDFORD,AND TO REPORT AT THE NEXT SESSION.
The following order pass'd in the house of represent™ 8, upon the
petition of M r - Benj a - "Wood bridge, minister of Medford, read and
concur'd; viz., —
Ordered, That Samuel Sewall, Eliakim Hutchinson, Penn Townsend,
Esq r % Coll. Samuel Checkley, Cpt. Thomas Oliver, M r "William Deni-
son and M r - John Greenland be a committee to hear and examine into
the controversy and difference between the petitioner and the town of
Medford, M r - Sewall to appoint the time and place for meeting, and to
* See chapter 1'2, ante.
f This should lie " his," King William being then the reigning monarch.
254 Province Laws {Resolves etc). — 1707. [Chaps. 85-87.]
notify the selectmen thereof ; the cornm"*' to make report of their
doings to this court at their next session, and of what they think ex-
pedient to be done to issue and determine the same. [Approved No-
vember 28.
CHAPTEK 85.
RESOLVE APPOINTING A COMMITTEE TO GO UPON THE BOUNDARY LINE
BETWEEN THE FORMER COLONY OF NEW PLYMOUTH AND THE COL-
ONY OF RHODE ISLAND AND RENEW THE ANCIENT BOUND-MARKS,
THEY TO SEASONABLY NOTIFY THE GOVERNMENT OF RHODE ISLAND
OF THE TIME WHEN THEY WILL ATTEND THE SAME, ETC. {Approved
November 29.
[Printed with resolves, orders, etc., relating to the establishment, etc.,
of towns, etc.]
CHAPTER 86.
VOTE FOR ALLOWING WILLIAM ROUS, A PRISONER CONVICTED OF
HIGH MISDEMEANOR, TO BE REMOVED TO HIS HOUSE FOR THE RE-
COVERY OF HIS HEALTH, PROVIDED HE GIVE SUFFICIENT SECURITY
TO THE SHERIFF THAT HE WILL RETURN TO PRISON WHEN RE-
QUIRED TO DO SO BY THE GENERAL COURT; THE SHERIFF AUTHOR-
IZED TO TAKE SUCH SECURITY WITH THE ADVICE OF THE JUDGES
OF THE SUPERIOR COURT.
Upon reading a petition of William Rowse, mariner, setting forth
that he has been a prisoner in the goal of Boston about eighteen
months, where he continues under great indisposition of body aud his
life much endanger'd should he be confined there another winter, pray-
ing that he may have liberty to go to his own house, he giving security
to return to prison again as soon as he shall be required so to do by
this honourable court, if her majesty do not remit the fine laid on
him, the representatives having voted thereon that the prayer of the
petition be granted, —
On Consideration of the Vote of the House, and the Representation
of the Prisoners Hazard of his Life by being continued in Prison.
Voted That the Sheriffe take sufficient and proper Security in the
Law, upon Advisement with the Judges of the Superiour Court, for
the Prisoners Liberty in manner as Prayed for. — [Approved Novem-
ber 29.
CHAPTER 87.
VOTE REQUIRING THAT THE CONDITION OF THE RELEASE OF WILLIAM
ROUS UNDER THE PRECEDING CHAPTER BE THAT HE RENDER
HIMSELF FOR RECOMMITMENT TO JAIL WHEN THE SHERIFF SHALL
DEMAND HIM.
Voted That the Petition^ be removed to his own House for the Re-
covery of his health, He giveing proper and Sufficient Security in the
Law to the Sheriffe, by Advisement of the Judges of the Superiour
Court to render his body again to the Sheriffe within the said Goal as a
Prisoner, when he shall demand him. [Approved December 2.
[3d Sess.] Province Laws {Resolves etc.). — 1707. 255
CHAPTER 88.
VOTE REAFFIRMING THE DECLARATION IN THE RESOLVE OF THE
PRESENT YEAR, CHAPTER 29, AS TO THE MEANING OF THE SIXTH
SECTION OF THE ACT OF NOVEMBER 16, 1692, AND FOR RESTORING
BOSTON TO THE GENERAL RULE THROUGHOUT THE PROVINCE.
In answer to a petition presented by some of the assessors of the
town of Boston, containing queries upon the paragraph of the act for
regulating townships, etc., relating to town assessments, and proposing
an act to be made that the landlord reimburse the tenant the full of
what he is assessed for the housing and land he occupies, —
The Question moved in the within Petition was fully Resolved by
this Court, at their Session in August past, And the Assessors ought
to have Observed the same accordingly, as to Town Kates. —
And that Boston be restored to the General Rules throughout the
said Province. — [Approved December 3.
CHAPTER 89.
ORDER AUTHORIZING MARY WOODBERRY, WIDOW OF ANDREW WOOD-
BERRY, LATE OF SALEM, DECEASED, TO SELL ONE-HALF OF AN
ACRE, PART OF THE HOMESTEAD OF SAID DECEASED, FOR HER
SUPPORT, ETC.
Upon reading a petition of Mary Woodbury, widow of Andrew
Woodbury, late of Salem, dec d- , and her daughters Elisabeth Moor and
Hannah Cox, praying that the said widow, or some other persons on
her behalf, may be impowered to make sale of a dwelling-house with
about three quarters of an acre of land left by her said husband, for
her relief in her old age and extream poverty, —
Ordered, That half one acre of said land be sold for the relief of the
said widow, that Cpt. Samuel Gardner and Cpt. William Bowditch be
impower'd by act of this general court to make such sale and give deed
of the same and improve the money for her relief, and that if any
money remain that may not be expended, the same shall be distributed
equally to the next heirs : provided that there be no more children
known to be living than the petitioners.
Provided, also, —
That no more than one-half an acre of land be sold, the house to be
saved. \_Approved December 4.
CHAPTER 90.
RESOLVE MAKING NULL AND VOID THE RESOLVE OF JULY 10, 1700,* FOR
ALLOWING AND PAYING TWO HUNDRED AND TAVENTY POUNDS PER
ANNUM TO THE PRESIDENT OF HARVARD COLLEGE.
Resolved — That the Vote of this Court Pass'd in July 1700, in the
words following viz? " Resolved — That the sum of Two Hundred, &
Twenty Pounds %> annum be allowed, & Paid, out of the Publick
Treasury to the President, already chosen, or that shall be chosen, by
this Court, he residing at the Colledge."
Had respect only to the choice then made, or making, & has had it's
full effect, and is now, of no further power, or efficacy but forever void.
[Approved December 4.
* Chapter 46.
256 Province Laws (Resolves etc.). — 1707. [Chaps. 91-93.]
CHAPTER 91.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY FOR LOSS OF TIME AND THE EXPENSE OF HIS
CURE TO ROBERT ROGERS OF ROWLEY, A SOLDIER WOUNDED IN
THE QUEEN'S SERVICE.
A resolve pass'd iii the house of represent™ 3- upon the petition of
Robert Rogers of Rowley, wounded in her maj ies - service, praying for
some compensation for his loss of time and perfecting of his cure ;
viz., —
Resolved — That the Sum of Four Pounds be allowed, & Paid out
of the Publick Treasury to Robert Rogers the Petitioner, in full for
what he Pray's in his Petition. [Concurred in by the Council, and
approved December 5.
CHAPTER 92.
RESOLVE FOR ALLOWING AND PAYING FOUR POUNDS OUT OF THE
PROVINCE TREASURY TO JOHN GRIFFIN OF HAVERHILL, IN FULL
OF HIS ACCOUNT FOR FERRYING SOLDIERS AND HORSES, TO OCTO-
BER 22, 1707.
In the House of Representatives. Dec? 2? 1707.
Resolved — That the sum of seven Pounds, & sixteen shillings, be
allowed, & Paid out of the publick Treasury to John Griffin, in full for
ferryage, for the Province to the 22'. h of October last,
Sent up for Concurrence. John Burrill Speak r ,
In Council. 5? Dec- 1707. Read and Agreed to Four Pounds
Sent down. Is* Addington Secry
In the House of Representatives Die Prwdict :
Read, & Agreed, John Burrill Speak r
\_Approved December 5.
CHAPTER 93.
RESOLVE FOR ALLOWING AND PAYING THIRTY-ONE POUNDS THREE
SHILLINGS AND EIGHTPENCE OUT OF THE PROVINCE TREASURY
TO THE TOWN OF BOSTON FOR THE SUPPORT OF SEVERAL PERSONS
DRIVEN FROM THE EASTWARD BY THE ENEMY.
An accompt presented by the overseers of the poor of the town of
Boston for charges on sundry aged and infirm persons of the eastern
parts, etc., driven upon them through the calamity of the war, amount-
ing to thirty-one pounds three shillings and eightpence, with the resolve
pass'd thereon by the house of representatives, read and concur 'd ;
viz . , —
Resolved, That the sum of thirty-one pounds three shillings and
eightpence be allow'd and paid out of the publick treasury to the over-
seers of the poor in Boston, in full of the s di accompt. \_Approved
December 5.
[3d Sess.J Province Laws {Resolves etc.). — 1707. 257
CHAPTER 94.
VOTE FOR ALLOWING A SALARY OF ONE HUNDRED AND FIFTY POUNDS
PER ANNUM TO THE PRESIDENT OF HARVARD COLLEGE; AND
DIRECTING THE PRESIDENT AND FELLOWS OF SAID COLLEGE TO
REGULATE THEMSELVES IN THE CARE OF THE COLLEGE ACCORD-
ING TO THE RULES OF THE CONSTITUTION BY THE ACT OF THE
YEAR 1650.
4? Deer 1707./. In Council —
The Governour and Council haveing Accepted and approved the
choice made by the Fellows of Harvard Colleclge in Cambridge, of m|
John Leverett to be present Praesident of the said Colledge, to fill up
that Vacancy. —
Propose That the House of Representatives consider of and Grant a
Suitable Salary to be paid to the said Praesident annually out of the
Publick Treasury for his Encouragement and Support during his con-
tinuance in the said Office, residing at Cambridge and Dischargeing the
proper Duty's to a Praesident belonging : And intirely Devote himself e
to that Service. —
And Inasmuch, as the first foundation and Established of that House,
and the Government thereof, had it's Original from an Act of the Gen-
eral Court, made and pass'd in the year. 1650. which has not been
repealed or Nulled.
The Praesident and Fellows of the said Colledge are Directed, from
time to time, to Regulate themselves according to the Rules of the
Constitution by the said Act prescribed ; And to Exercise the Powers
and Authority's thereby Granted for the Government of that House
and the Support thereof. —
Voted. Sent down for concurrance
Isr Addington Secry. —
In the House of Representatives ^
Decf 4 : 1707. Read.
5 : . . . Read, & Concurr'd And J* John Burrill Speak'
Voted That the sum for salary be one
Hundred & fifty Pounds.
Agreed to in Council. 6? Dec- 1707. Isf Addington Secry.
[Approved December 6.
CHAPTER 95.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
JOSEPH DUDLEY FOR HIS SERVICES AS GOVERNOR, ETC.
Resolved, That the sum of two hundred pounds be allowed and paid
out of the publick treasury to his excellency Joseph Dudley, Esq r -,
captain-general and govern r -in-chief of this province, for his support
in managing the affairs of the government. \_Approved December 6.
258 Province Laws {Resolves etc.). — 1707. [Chaps. 96-99.]
CHAPTEE 96.
RESOLVE FOR. ALLOWING AND PAYING FIFTY POUNDS TO ISAAC AD-
DINGTON, SECRETARY OF THE PROVINCE, FOR HIS EXTRAORDINARY
SERVICES DURING THE YEAR ENDING IN JANUARY, 1707-8.
Resolved, That the sum of fifty pounds be allow'd and paid out of
the publick treasury to the Hon bIe - Isaac Addington, Esq r -, for his ex-
traordinary service for this province the year curr'-, ending the next
month. [Approved December 6.
CHAPTER 97.
RESOLVE FOR ALLOWING AND PAYING TWO HUNDRED POUNDS TO
ANDREW BELCHER FOR HIS SERVICES AS COMMISSARY-GENERAL
DURING THE YEAR ENDING AUGUST 19, 1707.
Resolved, That the sum of two hundred pounds be allow'd and paid
out of the publick treasury to the Hon ble - Andrew Belcher, Esq 1 -, com-
missary-general, for his good service in the said office the year past,
ending the nineteenth of August. [Approved December 6.
CHAPTER 98.
RESOLVE FOR ALLOAVING AND PAYING SIXTY POUNDS TO THE AD-
MINISTRATORS OF THE ESTATE OF THE LATE SAMUEL WILLARD,
VICE-PRESIDENT OF HARVARD COLLEGE, IN FULL FOR HIS SER-
VICES DURING THE YEAR PAST.
Resolved — That the sum of sixty Pounds be allowed, & Paid, out
of the publick Treasury to the Administrators, of the Estate, of the
late reverend M* Samuel Willard, Vice-President of Harvard Colledge
dec? in full for his good service the last yeare. [Approved Decem-
ber 6.
CHAPTER 99.
RESOLVE FOR THE FURTHER ALLOWANCE OF FIFTEEN POUNDS TO
JOHN WHITE, CLERK OF THE HOUSE OF REPRESENTATIVES, IN
FULL FOR HIS SERVICES DURING THE YEAR ENDING IN MAY, 1708.
Resolved, That the sum of fifteen pounds be further allow'd and paid
out of the publick treasury to John White, clerk of this house, in full
for his service the year currant, ending in May next. [Concurred
in by the Council, and approved December 6.
[3d Sess.] Province Laws {Resolves etc.). — 1707. 259
CHAPTER 100.
RESOLVE FOR ALLOWING AND PAYING FIFTY-TWO POUNDS FOUR
SHILLINGS AND FOURPENCE TO JAMES RUSSELL, IN DISCHARGE OF
HIS ACCOUNT AS COMMISSIONER OF IMPOST FROM AUGUST 16, 1705,
TO NOVEMBER, 1707 ; ALSO TWENTY POUNDS MORE, WHEREWITH TO
PAY DANIEL LAWRENCE FOR HIS SERVICES AS WAITER TO THE
IMPOST OFFICE FROM APRIL 1 TO NOVEMBER 1, 1707.
Resolved, That the sum of fifty-two pounds four shillings and four-
pence be allow'd and paid out of the publick treasury to the Hon bIe -
James Russell, Esq r -, in discharge of his accompt as commissioner of
impost for office-rent, taxes aud other charges from the 16 th of August,
1705, to November past ; and the sum of twenty pounds for him to pay
Daniel Lawrence, waiter of impost, for his service from the first April
to the first of November last. [Approved December 6.
CHAPTER 101.
RESOLVE FOR ALLOWING AND PAYING FIFTEEN POUNDS OUT OF THE
PROVINCE TREASURY TO SAMUEL HUNT FOR HIS SERVICES IN THE
MINISTRY AT DUNSTABLE, FOR THIRTY-THREE WEEKS, ENDING
APRIL 23, 1707.
Resolved That the sum of ffifteen Pounds be allowed, & Paid out of
the publick Treasury, to M : r Samuel Hunt the Petitioner towards his
maintenance, as minister at Dunstable for Thirty three weeks ending
the 23 of April last \_Approved December 6.
CHAPTER 102.
ORDER FOR REFERRING TO THE NEXT SESSION OF THE GENERAL
COURT THE CONSIDERATION OF THE SERVICES OF THE COMMIS-
SIONERS WHO COMMANDED THE LATE EXPEDITION TO NOVA
SCOTIA AND OF THE SECRETARY OF WAR, WILLIAM DUDLEY.
Ordered That the Consideration of the Service of the Comiss™ that
Commanded the late Expedition to Nova Scotia, & Secretary of War
Mf William Dudley be Referr'd to the next session of this Court, the
House being now very thin. [Concurred in by the Council, and passed
December 6.
NOTES
[261]
NOTES TO THE KESOLYES, ETC.
1703-4.
Chap. 1. This chapter is from council records, vol. VII., p. 386. It has not been
found in the archives.
The proposal for inviting Stoddard, who was the minister at Northampton, was made
by Governor Dudley, as appears by the following entry : —
" March 18, 1702-3. His Excellency proposed that the Revd Mr Solomon Stoddard be
desired to preach a Sermon to the Great and General Court or Assembly, to convene in
May next upon the day of opening the sd Court, as has been accustomed, and the Council
advised the same, and ordered the Secretary to write a Letter to acquaint the said M£
Stoddard thereof." — Executive Records of the Council, vol. 3, p. 418.
" [May] 20. [1703.] . . . This day Mr'. Stoddard comes to Town, being to preach the
Election Sermon." — Setcall's Diary, vol. II., p. 77.
The sermon, which was preached May 26, 1703, from the text Exodus, xx. 12, was
printed under the title, " The Way for a People To Live Long in the Land that God Hath
given them."
Chap. 3. This chapter is from council records, vol. VII., p. 392. It has not been
found in the archives.
By the resolve of 1702-3, chapter 8, a hearing on Gibson's petition printed in the note
to that chapter was appointed for the second Wednesday of the present session, and the
petitioner was ordered to notify the adverse party. That notice was duly given is to be
inferred from the concluding paragraph in the following reply of Gove, at whose suit was
rendered the judgment of which Gibson complained : —
" To his Exellency y e Gouer r Councill & Representatiues In Gene 11 Asembly Conuened
In y e Gene'i Court at Boston y e 26 th may 1703
The Humble Reply of Jn°. Goue to y e Petition & Complaint of Sam n Gibson of
Cambridg is as followeth —
That Where as yo r Respondent was Lawfully seized of a Lott of Wood or Deuition of
Wood : on : Land Lying & being in Cambridg near to a farme of M r Tho : Danforth Com-
monly called Whittamores farme : The Which sd Wood Lott being originally Granted
by ye Towne of Cambridg in y e year (1646 Vnto m r Richard Champney orderly measured
out & bounded : & by. sd Grantee & his Assigns Peaceably & quietly Enjoyed wth out
trouble or mollestation ; & in y e year 1677) was sold by y e Assigns of sd Champney to
y e aboue named Jn° Goue now Respondent, Who had also had quiet & peaceable Posses-
sion & improuemen't Thereof untill sd Gibson Disturbed mee by Cutting & Carrying of
my Wood, So yt ye Whole time of ye Respondants Possession by himself & Predecesors
was more Then 47 J2I? then Last Past : The sd Goue being Informed of sd Gibsons take-
ing away his Wood without leaue first had of him : Spake to sd Gibson about it : Who
brake out in a passion against ye Informer & refused to allow me my Small demand for
his Trespass yt I should haue accepted of if he had allowed me it & promised to trespass
on mee no more : but his answer was he wold not : & said I might take my Course Where
upon sd Goue Prosecuted sd Gibson for a trespass before Justice Lynd & Nonsuited twice ;
y e Third time y e Case Proceed, to tryall ; & I proued ye trespass And Judgment Went
against sd Gibson : & then he appealed to Concord Court, Where ye Case was Continued
to Cambridg Court; Who also Gaue Judgment against him: Where up* I had some
little Compensation for my Trespass & expence, But by Reason of Nonsuits and being
enforced to improue Attorneys to help mee, I fell farr short of my disbursments in de-
fending & maintaineing my dear Purchased Wood Lott : sd Gibson made a great Stirr
about y e Land, I neuer Claimed ye Land : but as I Cleared of my Wood he might haue
Cleared ye Land away ; or Improued it there If ye Towne had Giuen such leaue ; But to
disturb mee in y e Improuement of my Wood yt was Granted my Predecesors & that with-
out any order of ye Town I thought he was a" Trespasser & to be thus disturbed by him
still, after a Legall Tryall to be brought before yo r Hon r for a Criminall or to hear ye
upright Judges Reflected on is my Greif : But I Humbly Pray yo r hon r Releif & Deliuer-
ance out of his hands, Haueing don him no wrong, being without hope of being saued
from ye Lashes of his tongue :
I Humbly Conceiue I haue don nothing but What ye Law allowed; & if he wold he
might haue reuewed his Case & I must haue answered him ; & if ye Court did miss it as
he saith Which is farr from me to think they haue ; I cannot see any Reason yt I should
be brought to y e barr to Answer for it : But accounting it my Duty to attend yol s Hon™
Notification : I hope I shall Quietly Submit to yo r Hon" Determination & pray God to
Giude you thereunto — Yo r Ho" most Humble Seru"
Jn<> Goue." — Mass.
Archives, vol. 40, p. 758.
For further proceedings in this controversy see chapter 63, post, and note.
* Sic.
[263]
264: Province Laws {Resolves etc.). — 1703-4. [Chaps. 5, 6.]
Chap. 5. This chapter is from council records, vol. VII., p. 393, and archives, vol.
70, p. 629.
The petition mentioned in the preamble to this chapter was as follows : —
" To His Exellency the Governor And Comand r In Cheif of hir majesties Province of
the Massacusets Bay In New Engld And to the Honb" Counsell And Representitives In
the great And Gen 11 Court Assembled the twenty sixth of May 1703
The petition of Sam" Wright of Northampton In the county of Hampshire — Humbly
shews —
That your petitioner In the first Indian war was pressed up to Northfield under Capt
Lathrop : and there Left a garrison souldier : soon after which the Indians beseiged that
fort : they killed my father : and shot a bullett into my hipp bone ; from thence I was
brought to hadley under cure of docter wescott where I was untill winter ; The docter
dying I shifted from one surgeon to another untill the spring : In Aprill following I went
to harford to m's Allyn where I was about seven moneths, all which Time I paid for my
Dyet and chyrurgeon ; out of my own estate ; and Altho I attained to so much strenght
as to walk about and carry an end some buisness it hath bin with much pain and diffi-
culty : for the bullett Remaining still In my hip bone, the wound continually runs and
hath done so these fifteen years and altho at some times tis almost dryed up yet it breaks
out again : and especially of Late years it grows worse and worse ; so that I am almost
disinabled for Labour and what I do is with much pain and difficulty : I have often bin
put upon it to petition your releif : but Living so remote, and considering The distresses
the country hath from time to time bin under ; and hoping stell I should be better, I never
as yett asked any Recompense ; and had it pleased god to give me a perfect cure, I should
not have troubled yo r hono r s with any thing of this nature : but considering my family
is grown great ; the great charges I have bin at, my Lameness and misery by reason of
my wound yearly Increasing : puts me upon it humly to Request your hono r s to consider
my condition, and yeild me such releife as you shall Judg meet ; hoping that as you have
bin alwayes Ready to Incouridge souldier, to releave the wounded The cause of my
request being so Just ; you will not shutt me out off your compassions : which will
oblidg yo r Petition 1, ever to pray for you
Northampton May 3 1703 : Samll Wright." — Mass.
Archives, vol. 10, p. 629.
This petition was read in the House on the first of June. On the next day it was read
again, and the resolve which constitutes this chapter was passed and sent to the Council,
where it was concurred in, and consented to by the Governor.
An order in Council * for paying to Wright the ten pounds allowed by this chapter was
passed August 5, 1703, and the province treasurer's account \ shows that this amount, as
also his annual pension, was paid to him. He died November 29, 1734.
Chap. 6. This chapter is from council records, vol. VIL, p. 394, and archives, vol.
11, p. 184.
The following is the petition mentioned in the preamble to this chapter : —
"To his Excell.y Joseph Dudley Esq' Capt General and Governor in Chief in and over
the Province of the Massachusetts Bay in New England and Vice- Admiral of the same,
The HonoWe her maj"/s Council of the sd Province ; and To the Honow*> House of Repre-
sentatives convened in General Assembly for the sd Province. —
The Humble Petition of Several of the freeholders Proprietor & Inhabitants of Lan-
caster within the sd Province, whose names are hereunto subscribed.
Sheweth
That in or about the year 1653. The Inhabitants of the s d Town did agree amongst
themselves to pay to and for the Use of the Minister of the s d Town the Sum of Ten
shillings a year in Consideration of their home-Lotts, and if that should fall short of a
maintenance then to make up the same by an equal Rate upon their Goods and other
Improved Lands in such way and Order as the Country rate was raised. Which way &
method was equal so long as the Inhabitants of the s d Town continued upon their home-
Lotts. But now so it is, may it please yop Excell<;y and Hono r ? That several of the s d
Inhabitants are removed from ther home Lotts (which are left destitute & unimproved,
& thereby disenabled to pay any rate att all) to their second Division of Lotts which pay
no Rates, and the Charge of the maintenance of the sd Minister wholly falls upon yof
Petitioners to their great wrong & damage, and if not timely remedied by yo. r Excell^y
& hono™ will be a standing & intolerable inconvenience, & matter of Division in the s' d
Town, for that they are not able to bear the Charge thereof. And forasmuch as the s d
Town had never any settlement made by Law, but such an agreement as aboves d which
is neither binding nor Equal ; and whereas s d Town cannot agree among themselves how
to raise their Ministers Sallary.
Yor Petitioners Therefore humbly pray That yo^ ExcelR v & Hono™ will be pleased to
take the Premisses into yor serious Consideration ; and settle the "maintenance of the
minister of the s d Town in siich methods & ways as to yo r . Excellcy and Hono". shall in
yo' great wisdom seem to be most equal just & Right & which may be binding upon
them & their posterity for ever —
And yoj Petitioners as in duty bound will ever pray &.c?/
Simon Steevens Nathanael Hudson Nathaniel Sawyer.
Nathaniel Wilder Samuel Carter Joseph Whelock
Peter Joslin Daniel Ruge John Glazier
Josiah White Ctpryan Steevens George Glazier
Samuel Bennett Benjamin Bellows Thomas Rosse
William Divoll John Johnson Samuel Prescott
Jonathan Whitcomb. Joseph Glazear Ephraim Wilder." — Mass.
Archives, vol. 11, p. 183.
* Executive Records of the Council, vol. 3, p. 464.
f Mass. Archives, vol. 122, pp. 192 and 226.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 265
Of the agreement or "covenant" among the first settlers, the portion which related to
the support of the ministry was as follows : —
"Memorandum, That wee whose Names are subscribed, vppon the Receiueing and
acceptanc of our severall Lands, and Allottments w th all Appurtinances thereof, from
those men who are Chosen by the Generall Court to Lay out and dispose of the Lands
within the Towne of Lanchaster heertofore Called by the name of Nashaway doe hereby
Covenant & binde ourselues our heires Execut™ & Assignes to the observing and keepeing
of these orders and Agreements hereafter mentioned and Expressed.
ffirst ffor the maintainanc of the minestree of Gods holy word wee doe Allowe Covenant
and Agree that there be laid out Stated and established, and we doe hereby estate and
establish as Church Land with all the priuilledges and Appurtinances therevnto belonging
for ever, thirty acors of vppland and fortie acors of Entervale Land and twelue acors of
meddowe with free Libertie of Commons for Pasture and fire wood, The said Lands to be
improved by the Plantation or otherwise in such order as shalbe best Advised and Con-
cluded by the Plantation without Rent paying for the same, vntill the Labours of the
Planters or those that doe improue the same, be ffully sattisfied. And wee doe agree that
the Plantation or Sellect men shall determine the time, how Longe every man shall hold
and Improue the said Lands for the proffit thereof. And then to be Rented according to
the yearly vallue thereof and paid in to such persons as the Plantation or Sellectmen shall
Appoynt to and for the vse of and towards the maintainanc of the minester Pastor or
Teacher for the time being, or whomesoever may bee stated to preach the word of God
among vs : or it may be in the Choyce of the minester to Improue the said Lands him-
selfe.
. . . And ffurther we doe Engage and Covenant every one for himselfe his heires Execu-
tors & Assignes to pay to and for the vse of the minestree abouesaid the sume of ten shillings
a yeare as for and in Consideracon of o r home Lotts yearly for ever, our home Lotts to
stand Engaged for the payment thereof, and what all this shall fall short of a Competent
maintinance we Covenant to make vpp by an equall Rate vppon o r Goods, and other
improved Lands (not home lots) in such way and order as the Country rate is Raised.
And in case of vacansy of a minester the maintainanc Ariseing from the Church Land
and home Lotts abouementioned, shalbe paid to such as shalbe Appoynted, for the use
of a scoole to be as a stock : or as stock towards the maintainanc of the minester, as the
Plantation or Sellect men shall think meetest." — The Early Records of Lancaster, Mass.,
pp. 27, 28.
This covenant contained a clause or paragraph providing that all differences should be
ended by arbitration, under which Simon Willard, Edward Johnson and Edmund Rice,
arbitrators, on the twenty-fifth of April, 1656, made an award, the twenty-second section
of which was as follows : —
" 22. Ministrs mantainanc. Our answer to the Pposition or querie about the ministrs
mantainance our Conclusion is the towne shall presently begin and giue fiftie pounds by
the yeare, And for the manor of the pay they ar to alow him their wheat at six penc P 1
bushell vnder the price, it is at the bay, And soe for other graine by this ^portion, And
as god shall bee pleased to enlarge their estat soe they shall enlarge theirin answrably,
And this to be raised according to the order incerted in the towne Booke." — Ibid., p. 44.
Although the inhabitants were subsequently granted all the liberties of a township and
by order of the General Court the bounds of this township were settled, and notwith-
standing later provisions of law for the support of the ministry in places where that duty
was neglected, it would seem that this covenant remained unrepealed and unchanged
down to the time of the petition upon which this chapter was based.
The above petition was read, first, in the House on the twenty-eighth of May, 1703. On
the second of June the resolve which constitutes the first part of this chapter was passed
and sent to the Council for concurrence, and was concurred in. On the following day a
petition (which has not been discovered) by other inhabitants of Lancaster, praying for
a confirmation of the aforesaid agreement, was read in the Council, and the order which
constitutes the second part of this chapter, suspending the resolve, was passed and sent
to the House, for concurrence, together with the latter petition, and on the same day it
" was returned from that House with their agreement thereto."
The second session of the General Court began on the first day of September. Whether
or not at this session a hearing was had upon the two petitions does not appear ; but on
the seventh the House passed the following order, which was sent to the Council for con-
currence : —
"Ordered — That the Minister's salary in the Town of Lancaster, be Levyed, and Col-
lected of the severall Inhabitants by the same Rules, and in the same Proportions with the
Province-Tax, for this present Yeare." — Mass. Archives, vol. 11, p. 184.
No vote of concurrence in this order is recorded, probably because of the order of the
ninth of September proposed by the Council for continuing all unfinished business ; but
the ninth being the last day of the session, evidently in order to end this particular
controversy, the Council passed the following vote of advice, which was accepted by the
inhabitants as a practical settlement, although legally neither this nor the order of the
representatives had any effectual operation upon the ancient agreement : —
" Sept. 9, 1703. Upon a representation made to the Board of a difference among the
Inhabitants of the Town of Lancaster about the manner of rayseing their Ministers
maintenance
Advised. That for this present year, they rayse the maintenance of their Minister upon
the improved Lands, and other ratable Estate within the said Town, according to the Rule
set for the Province Tax." — Executive Records of the Council, vol. 3, p. 482.
Chap. 7. This chapter is from archives, vol. 62, p. 439. It is recorded in council
records, vol. VII., p. 390.
266 Province Laws {Resolves etc.). — 1703-4. [Chap. 8.]
The proposal of Hill appears more fully in his petition printed in the note to the resolve
of 1702, chapter 15. Nothing has been discovered to show the precise nature of his in-
vention nor how far he succeeded in satisfying the committee. The twenty pounds paid
by the province treasurer to Samuel Legg of the committee to defray the expense of test-
ing Hill's invention does not appear to have been returned.
Chap. 8. This chapter is from council records, vol. VII., p. 395, and archives, vol. 9,
p. 152.
The petition mentioned in the preamble to this chapter was as follows : —
" To his Excellency Joseph Dudley Esq? Captaine Generall & Corhander in Chief in &
over Her Majestys Province of the Massathussetts Bay in New England The Hon ble
Council & Representatives Convened in the Great & Gen>' Court att Boston on the Twenty
sixth Day of May Anno. 1703 —
The Petition of John Saffin Esq r in all Humillity Presenteth.
As the Parliament of England is the supream Councill of the Nation, and the sovereign
Remedy of all grievances, oppressions, & Male Administrations of the Greatest Peers of
the Realm, and the Highest Courts of Judicature even so this great & Gen 1 ' Court or
Assembly is (as yo r Petition r humbly conceives) an einbleme, or similitude of that Power
Derived from the Royall Charter granted to the People of this Province for the Redressing
of the grievances oppressions Male Administrations and Tort actions of the greatest
Persons or Courts of Judicature subordinate to this Grand Assembly. And therefore it
is, that yo* humble Peti^ (finding no other Remedy) is Imboldned humbly to Address
this great Council, & Implore their Ayd, that they would be pleased to grant him Audience
in a matter wherein he is greatly Injured & oppressed ; and in such a manner he presumes
there hath not been the like done in New England. The thing in brief is this. Yo r Petij
hath a certaine Negro man named Adam that is withheld or taken from him yo r Petif
under countenance of authority (not collour of law) w ch Negro hath sooner or later cost
yo r Petif above Threescore pounds. The pretended matter in Controversy hath been twice
before no less than two Justices of the Peace, and at four severall Superior Courts, &
continued above these two years last past, and yet is not Determined, nor doth yo r Peti r
know when it will, in the mean time yo r Petij is made a meer Vassall to his slave in being
at continuall cost and charges about him to supply him with all manner of Necessarys,
as Cloaths, Bedding food and Phisick, and attendance when lately he had the small pox.
Allso to pay the keeper for his keeping in Prison Three Months where he was by the
Quarter Sessions committed for his outrages & murtherous attempts at the Castle : gen-
erally known, (a Narrative whereof being in Print.) yet for all this the said vile Negro is
at this Day set at large to goe at his pleasure, in open Defiance of me his Master in danger
of my life, he haveing threatned to be Revenged of me and all them that have cross't his
turbulent Humour, to the great scandall and evill example of all Negros both in Town
and countrey whose eyes are upon this wretched Negro to see the Issue of these his
exorbitant practices.
The Premisses Considered yo r Peti 1 ; doth humbly Implore this Honble Assembly to
grant Redress by vouchsafeing yo r Petir a hearing either before this Hon bIe Assembly or
by a Comittee as in yo r wisdomes you shall Deeme most convenient, the various Circum-
stances of those Transactions being so large as to exceed the limitts of A petition 'in
writeing ; And allso that upon the understanding the Justice of yo r Peti r . s Cause yo 1 ' Hon 1 ; 9
will be pleased to doe him Right in all Respects, by Restoreing his said Negro to yo r
Petif that as an English subject he may Dispose of his said Negro, as 'he shall see cause
for his own safty, and all other of her Majestys good subjects that may be exposed to
any Detriment by the sd Negros villainous practices.
And yo r Petion r as in Duty bound shall Pray &c.
John Saffin." — Mass.
Archives, vol. 9, p. 152.
This petition was read in the House on the first of June. It was read again on the
third, when the proceedings which appear in the printed chapter followed, and the order,
as framed in the Council, was consented to by the Governor.
The contention between Saffin and his negro slave grew out of the following instrument
-which Saffin executed in 1694 : —
" Bee it known unto all men by these presents That I John Saffin of Bristol in the
Province of the Massachusetts Bay in New England out of meer kindness to and for
the Encouragemt of my negro man Adam to go on chearfully in his Business & Imploym'
by me now putt into, the Custody Service and command of Thomas Shepherd my Tenant
on boundfield Farm in Bristol afores'} for and During the Terme of Seaven years from
the Twenty fifth day of March last past 1694 — fully to be compleat and Ended or as I
may otherwise See cause to Imploy him. I say I doe by these presents of my own free &
Voluntary Will & pleasure from and after the full end & Expiration of Seven years begin-
ning on the Twenty fifth day of March last past and from thenceforth fully to be compleat
and Ended, Enfranchise clear and make free my s<? negro man named Adam to be fully
at his own Dispose and Liberty as other free men are or ought to be according to all true
Intents & purposes whatsoever. Allways provided that the s<} Adam my Servant do in
the mean time go on chearfully quietly and Industriously in the Lawfuil Business that
either my Self or my Assigns shall from time to time reasonably Sett him about or imploy
him in and doe behave and abear himself as an Honest true and faithfull Servant ought
to doe during the Tearm of Seven years as aforesaid In Witness whereof I the s<i John
Saffin have hereunto sett my hand and Seal this Twenty Sixth day of June 1694 — In the
Sixth year of their Ma 4 > s Reign
Signed Sealed & Deliv} in the p r sence of ^^
Rachel Browne^- her marke. John Saffin (Seal)
Rich? Smith " v --
Samuel Gallop
This Instrument abovewritten was Entred in the first book for Wills and Inventoryes
page the last, November 15* 1694 — by John Cary Recorj." — Suffolk Court Files.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 267
This writing Adam seems to have regarded as an effectual manumission after the ex-
piration of the seven years therein limited. Hence he felt justified, as a free man, in act-
ing towards his former master in the independent manner which the latter in his complaint
described as "turbulent, outrageous and insolent."
Many obscurities regarding the controversy between Adam and his master have been
cleared by the recovery of a tract* published by Saffin, in reply to SewalPs "Selling of
Joseph,"t in which he gives numerous interesting details that agree with what is learned
from other sources. According to Saffin, Adam had not fulfilled the condition upon which
his liberty was promised, and being at Boston, in March, 1701, and ordered by his master
to meet him at Bristol, and to proceed thence to Swanzey in the service of another to whom
Saffin had engaged him, he not only refused to go, but improved the opportunity which
his master's absence afforded, to leave Saffin's house in Boston, furtively taking with him
his clothing, and going about town at pleasure.
Saffin, upon his return, received from his former slave, instead of the deference and
submission he claimed, a notice, haughtily delivered, that he must appear before Mr.
Justice Sewall. Saffin accordingly waited upon the judge whom he found in conference
with Mr. Secretary Addington. Sewall severely animadverted on his conduct, and pro-
duced the deed of manumission. The due execution of this instrument Saffin acknowl-
edged, upon which the two magistrates concurred in advising him to give the negro his
liberty. They intimated that Adam's performance had been substantially according to
the terms stated in the instrument which, as *' Liberty was a thing of great value, even
next to life," should be liberally construed, especially in this case, and that a perfect com-
pliance should not be expected, since " there was much to be allowed to the behaviour of
Negroes, who are so ignorant, rude and bruitish."
Saffin, nevertheless, persisted in his determination to hold the negro, and, the next day,
he induced Lieutenant-Colonel Penn Townsend, a member of the Council, to accompany
him to Sewall's house, professing to believe that his servant could be lawfully coerced into
submission by the joint determination of two magistrates. Though the magistrates thought
otherwise, Townsend consented to bind Adam over (he being present) to answer to a com-
plaint for an offence the nature of which appears in the record of proceedings of the court,
given below.
The next Court of Sessions for Suffolk was to be held in July, but the stated assizes
were held at Boston two months earlier; so, in order to bring the complaint (which in-
volved the question of Adam's enfranchisement) to a speedy issue, he was required to
appear and answer at the May term of the Superior Court, and Dick, a free negro, was
accepted as surety in his recognizance. Accordingly, when the court sat, the complainant
And respondent appeared ; but though papers were read, and the case debated, the matter
was put over, or, as Saffin states it, " transmitted to the next Superiour Court to be held
at Bristol." The complaint was not entered of record, and though the reason assigned
by Saffin for the court's declining to proceed with the trial was that witnesses were not
present to support by their oaths the depositions they had previously made in writing, it
seems more likely that the case was thought to be properly triable in Bristol County,
where, if Saffin had any case, both parties were domiciled.
Between the term at Suffolk and the term at Bristol, Saffin, by some means, succeeded
in getting promoted from the bench of the Inferior Court of Common Pleas to that of the
Superior Court of Judicature; t and on the ninth of September he sat with his associates
at the stated term in Bristol, during which, upon his complaint, Adam was tried at the
suit of the king.
From the depositions on file it is clear that though at the trial there was conflicting
testimony upon the main issue, the preponderance of evidence as to character was in
Adam's favor. Some of the depositions for the complainant were mainly hearsay, and
one, at least, was rejected by the court, probably for this reason and also because the
prisoner was not present when it was taken. The complainant was allowed to put in the
following document in proof of his charges against the accused : —
* " A Brief and Candid Answer," etc., to Sewall's tract. Only one copy, and that not perfect,
is known to be extant. It was purchased by its present owner, Daniel Parish, juu., Esq., of New
York, at the Brinley sale. The first part was printed in Moore's History of Slavery, hereafter
mentioned.
t Reprinted in Proc. Mass. Hist. Soc, 1863-4, pp. 161-5, and also in Dr. Moore's History of
Slavery in Massachusetts, 1866.
X August 1, 1701. He was nominated by a bare majority of the Council. This was after the
deaths of Bellomont and Stoughton. Saffin was probably originally of Scituate, and married,
December 2, 1658, Martha Wiltett, at Plymouth. She, with two of her children, died of the small-
pox in 1678, and, in 1680, he married Elizabeth, widow of Peter Lidget. She died Nov. 1, 1687, and
he married for his third wife Rebecca, daughter of the Rev. Samuel Lee and sister of Rev. Cotton
Mather's third wife. This last union proved an unhappy one, and ended in a separation shortly
before his death. He appears to have been for many years after his man iage an enterprising mer-
chant of Boston and was a deputy from that town to the General Court and the last speaker of the
colonial assembly. Some time between 16S7 and 1689 he removed to Bristol, where he had pre-
viously held land and had been engaged in business. He represented Bristol in the general court
of Plymouth in the latter year, and served on important committees. Upon the union of the
colonies in 1692, he was appointed the first judge of probate and the first justice of the Inferior
Court of Common Pleas for Bristol County, and from 1693 to 1699, inclusive, he was also annually
elected councillor. He was again elected in 1703, but negatived by Dudley. He seems to have
been a man of extraordinary force and ability. His reply to Judge Sewall's famous antislavery
tract, " The Selling of Joseph," which he regarded as a rebuke of his treatment of his negro
slave Adam, contains all the most cogent arguments that have been since put forth in defence of
slavery, and shows the writer to have been a skilful polemic ami not unfamiliar with literature.
To this tract he appended his version of his difficulties with Adam.
He had the misfortune to survive hie eight sons, the last of whom, according to Sewall (Diary,
vol. I., p. 192), was buried October 15, 1687, about the time that tidings arrived from Loudon of the
death of another son, Thomas. The latter, " much favored of his prince," died of the small-pox
at the age of twenty-three, and was buried in the churchyard of Stepney. His curious epitaph is
given by Henley in No. 51S of the Spectator, — his name being disguised as "Thomas Snapper"
or " Sapper." Saffin died at Boston, July 28, 1710, and was there buried in his family tomb.
268 Province Laws {Resolves etc.). — 1703-4. [Chap. 8.]
"Bristol 12* of Janry 1699 —
Whereas I Thomas Shepherd of Bristol having hired a certain Farm of John Saffln
Esqj called boundfield partly in Bristol aforsd & partly in Swansey & having had with
the Stock of cattle and Sheep a certain negro' man named Adam to Serve me into the
bargain during the Lease Doe hereby declare that he the said negro man having been a
very disobedient Turbulent outragious and unruly Servant in all respects these many
years and hath carried himself so obstinately both to my Self Wife & children that I
cannot keep him nor bear with his evil manners any Longer and therefore request W,
Safhn his master to take him again into his custody and release me of him he the sf, negro
being such a Vile Refrictory fellow that I dare no longer keep him in my House, and
have therefore by his s d Masters consent & permiscon placed and hired him to Mf John
Wilkins of Bristol with him to Serve dwell & abide from the day of the date hereof till
the Twenty fifth day of March next. In Wittnesse whereof I have hereunto Sett my hand
and Seal this Twelfth day of January 1699 —
Signed Sealed & Delivered
in the presence of us — Thomas Shepherd and a Seal
Rich? Jenkins
Jn° Andrews —
Bristol ss — Memorandum — Thomas Shepherd the Subscriber to the abovementioned
Instrumt personally appearing before me under written one of his Majesties Justices of
the Peace for the County of Bristol this 11 th of Septr 1701 and acknowledged this In-
strumj to be his Act & Deed, In the Thirteenth year of' his Maj'. vs Reign. — -
Nathaniel Paine." — Ibid.
The character of the accused as given in this paper was not only insufficiently sup-
ported by the joint deposition of Shepherd and his wife, but Wilkins, to whom Adam
was bound out by Shepherd, testified to his sobriety and fidelity ; and there were several
other witnesses to his general good conduct. Nevertheless the jury found him guilty.
The court continued the case, under advisement, "until the next Superior Court to be
holden for this county" (that is, for one year), and in the mean time remanded Adam
to the custody of his master.
From Sewall's memoranda it appears that the court were in doubt on the question
whether or not Saffin's interest in the issue was such as to disqualify him from sitting in
the case. It would seem, also, from the same authority, that Saffin had been guilty of
other equally grave and more insidious irregularities in the management of this case.
Sewall declares that he had tampered with the foreman of the jury by whose verdict
Adam was convicted, and had connived at placing upon the panel James Smith, one of
his tenants ; which conduct was apparently proved to the' satisfaction of his associates.
Saffin avers that, upon his motion that judgment be entered according to the verdict, his
brother judges assented, and agreed that he should have the custody of his negro upon
his promising " not to send him out of the Country," but that the suspension of judgment
for further advisement was a subsequent determination made without his privity or con-
sent, whereupon he claimed he was released from his promise.
As soon as the form of the judgment had been finally settled, Saffin, in open court,
ordered Adam, over whom the decree of the court had given him control, to proceed,
forthwith, to Boston, and to resume work on Castle Island under Captain Timothy Clarke.
About a month later, the unfortunate negro got into fresh trouble by violently resisting
Captain Clarke, who, in attempting to discipline him for disobedience and incivility,
knocked his pipe from his mouth and struck him with his stick. Saffin seized upon this
incident as a pretext for ordering his incorrigible servant to be transported out of the
province ; but this scheme failed, on account of a caution given by Addington who was
consulted as to the legality of the proceeding. The Secretary, however, so far gratified
Saffin as to order the" commitment of Adam, to answer at the quarter sessions for his
violence. The loss of the records of the Court of Sessions leaves it doubtful what dis-
position the court made of this case. It is certain that the event did not interfere with
the earlier proceedings instituted by Saffin.
Before the next term of the court in Bristol, Dudley had arrived with the commission
of governor. Though the new Governor's principles were extremely loose in regard to
taking gratuities for service rendered in an executive capacity, and notwithstanding his
career as chief justice in New York shows that he did not scruple to follow the worst
precedents of judicial tyranny, he had never been known to excuse in a judge such
offences as Saffin was charged with. Possibly this may account for the fact that Saffin
was not among the judges of the Superior Court selected and commissioned by Dudley.
When the case of Dom. Rex v. Adam came up for consideration by the court, in Sep-
tember, 1702, it appearing that the negro was sick with the small-pox, it was again put
over — this time to the November term, in Suffolk. Sewall* records that the "Court
were of Opinion that Adam's Freedom could not be Tryed by Mr. Saffins complaint,"
evidently upon the ground that, though the suit was brought in the name of the king,
Saffin was the real party in interest — the virtual plaintiff
The complaint against him having thus failed, Adam, at the same term, " preferred a
petition for his Enfranchisement" (which unique and interesting paper, undoubtedly
prepared by Newton, has not been found), at the same time exhibiting to the court the
instrument of emancipation executed by Saffin. The court thereupon assigned Thomas
Newton and Joseph Hearne.t two of the ablest lawyers in the province, as his counsel,
"in order to his Regular proceeding in the affair." The record of the case concludes,
" This Court Judging it proper for the Petitioner first to be heard at the Inferiour Court
* Diary, vol. II., p. 64.
f Both admitted with the first batch of attorneys sworn in before the Superior Court of Judica-
ture, June 24, 1701. See note to private act, number twenty, Province Laws, vol. VI..
[Notes.] Province Laws {Resolves etc.). — 1703-4. 269
of Common pleas next to be holden for this County and that the Petitioner in the mean-
time be in peace untih the Coming of the Justices."*
In compliance with thia decision and intimation from the court, Adam brought suit
against Saffin, in the Common Picas, as follows : —
"Suffolk ss Anne by the Grace of God of England Scotland ffrance & Ireland Queen
^.^ Defendf of the ffaith &c To the Sherriff of our County of Bristoll his under-
went.) sherriff'or Deputy. Greeting. We Comand you that you Sumon John Saffin
^-' of Bristoll within our County of Bristoll Esqy (if he may be found in your
p r cinct) to appeare before our Justices of our Inferiour Court of Comon Pleas to be holden
at Boston within & for our sd County of Sutfolk on the first Tuesday of January next
then & there in our sd Court to answer to Adam negroe of Boston with in our sd County
of Sutfolk Labourer in a plea for that whereas the sd Adam hath Complained unto us
That ht, being a freeman and ready to prove his liberty, the sd John Saffin claimeing him
as his slave, doth vnjustly vex him: To the damage of the sd Adam negro as he saith
the suni of one hundred pounds, wch shall then & there be made to appeare with other
due damages And have you there this writt with your doings therein Witness Elisha
Hutchinson Esqy at Boston this 14* day of Decembr in ffirst year of our Reigne Annoq ;
Dom 1702. Addington Davenport Cler." — Ibid.
Upon which writ the sheriff of Bristol made the following return : —
" Bristoll ss By Yertue of this Writt to me Directed on y e 18 th day of December 1702
I sumoned the abovesaid John Saffen Esq r to appear at the Day & place above mentioned
as this writt Reqviers & I Left a coppi of this writt with him at his hovs in Bristoll
pr Sam". Gallap Sherriff." — 76 id.
The record shows that this writ abated, probably because it was held that the court
for Bristol County had exclusive jurisdiction of the parties. The judgment of the court
was as follows : —
" It is considered by the Court That y° s d Sufnons or writ shall abate for y* y e same
is not regularly brought before this Court." — Records in the office of the clerk of the
Superior Court in Suffolk County.
The justices present were Elisha Hutchinson, John Foster, Penn Townsend and Jere-
miah Dummer.
From this judgment the plaintiff appealed, but the court refused f to allow the appeal.
Saffin, it seems, now renewed his threat to consign Adam to some one living out of the
province or who would remove him from Massachusetts, whereupon Mr. Newton invoked
the protection of the Superior Court for his client in the following petition : —
" To the honb'e the Jnstices of her Majors Superiour Court of Judicature now held at
Boston for the County of Suffolk being the 8 th day of May 1703.
Thomas Newton of sd Boston humbly sheweth
That whereas yoy bono" at the superiour Court of Judicature held at Boston for the sd
County on the first Tuesday of November now last past, upon the petition of Adam a
negro, late slave to John Saffin Esqy for his freedom appointed the sd Thomas Newton
& My Joseph Hearne attorneys for the sd Adam and that in order thereunto the so. attor-
neys should comence an accon for him agj the sd John Saffin at the then next inferiour
Court of Comon pleas to be held at Boston for the sd County for the Tryall of his liberty
And the sd Thomas Newton and Joseph Hearne accordingly brought forward an accon
for the sd Adam agt the sd John Saffin at the inferiour Court of Comon pleas held at
Boston on the first Tuesday of January last, where the sd accon was dismissed and an
appeal to this Court thereupon denyed And forasmuch as the sd Adam dayly pursues yoj
subscriber for the Tryall of his sd liberty the sd Adam being dayly threatned by the sd Mr
Saffin, to be sent out of this province into forreigne, parts to remaine a slave during his life.
Yoy subscriber humbly prays yoy hono" will be pleased to take the p r misses into yoj
Consideration, and give such further directions therein as to yoy hono" shall seem meet
And yoy subscriber will ever pray &c
Tho: Newton." — Suffolk
Court Files.
The following is the record of the judgment or decree of the court upon this petition,
all the justices being present : —
" Upon Reading the Petition of My Thomas Newton relating to Adam negro late Slave
to John Saffin Esq r That notwithstanding the former Order of this Court he is pursued
by M r Saffin as his Slave and has Endeavoured to Transport him beyond Sea. Its there-
fore Considered by the Court That Adam negro be in peace until! by due process of Law
he be'found to be a Slave." — Records of the Superior Court of Judicature, 1700-1714,
fol. 100.
Saffin now turned to the Legislature for the remedy which he had failed to obtain in
the courts, and presented the petition which is printed in the beginning of this note.
When the petition was before the Council, Newton appeared in behalf of Adam J and
entered the following plea : —
* Records of the Superior Court of Judicature, 1700-1714, fol. 84.
t It was not judicially determined until a year later that appeals lay from judgments on pleas
in bar or abatement. The decision was subsequently confirmed by statute. See notes to chapters
47 and 89, post.
X Sewall, whose sympathies continued strong for the negro, indignantly minuted in his Diary
under date of June 8, 1703, the following: —
" Adam is again imprison'd to be Tryed at Suffolk Sessions. Trial order'd by the Gen 1
Assembly.
Superanuated Squier, wigg'd and powder'd with pretence,
Much beguiles the just Assembly by his lying Impudence.
None being by, his ^ old Attorneys push it on with might and main
By which means poor simple Adam sinks to slavery again." — Vol. II., p. 79.
From which verse it appears that, in the honest judge's eyes, Saffin's offence had been greatly
aggravated by his wearing a periwig — the good judge's particular abomination.
270
Province Laws (Resolves etc.) . — 1703-4. [Chap. 8.]
" The s d Adam Negro pleads that he oweth the s<J John Saffin no Service but is free by
Vertue of an lustrum? under the hand and Seal of the s<J John Saffin.
Tho? Newton f> Adam negro." — Suffolk
Court Files.
At the Court of Sessions held in Suffolk in August the case was tried, as ordered by
the Assembly, and Adam was again convicted, and once more appealed, as shown by
the following copy of the record : —
" Suffolk ss — Anno Regni Regince Anna nunc Anglice &c /Secundo — .
At an Adjournment or a Court of General Sessions of the Peace held at Boston for the
County of Suffolke on the third day of August Anno Domini One Thousand Seven hun-
dred and three —
Adam negro's Whereas John Saffin Esqr by his Petition to the Great and General Court or Assembly
Trva11 for Her Maj'- vs Province of the Massachusetts Bay held at Boston upon the Twenty sixth
day of May last, did Insinuate that a certain negro man named Adam is withheld or
taken from him &c??/ upon which he obtained an order of the s d Great & General Court
that the matter be heard before the next Court of General Sessions of the Peace for the
County of Suffolk — In Pursuance whereof the s d John Saffin & the s<? Adam negro now
appeared, and the s d Adam by Thomas Newton his attorney pleaded that he oweth the
sd John Saffin no service butt is free by virtue of an Instrument under the hand and seal
of the s<? John Saffin; and the allegations of both partyes being fully heard the matter
was committed to the Jury who were sworn to try the same and returned their verdict
therein upon oath, That is to say — they find that the s d Adam negro hath not performed
the condition for which he was to be Enfranchized & therefore is to continue a servant to
his s d Master. It's therefore considered by the court That the s d Adam negro hath not
performed the condition for which he was to lie Enfranchized and therefore is to continue
a servant to his s d Master ; The s d Adam by his afores d Attorney appealed from this
Judgment or senta'nce unto the next Court of Assize and General Goal delivery to be
holden for this county and Entred into Recognizance with sufficient suretyes for his ap-
pearance and prosecuting his Appeal there with Effect and for the abiding and performing
the order or sentance of the s d court; and for his good behaviour in the mean time." —
Records of the Court of Sessions, in the office of the clerk of the S. J.C.for the Common-
wealth.
The defendant's reasons of appeal, prepared by Adam's attorney and given below,
sufficiently show the course of the proceedings and the grounds upon which he based his
claim to freedom : —
*' Suffolk ss The Reasons of appeale of Adam negro appell? ag? John Saffin of Bristoll
in the County of Bristol Esq? Defend? from the Judgmt or Sentence of her Majtp Justices
of her Maj'i.fs Court of generall Sessions of the peace' held at Boston for the County of
Suffolk on the first Tuesday of August 1703, by adjourning from the first Tuesday of July
foregoing. To the honb'.e Justices of her Maj'ies Court of Assize and generall Gaof Delivery
to be held at Boston for the sd County of Suffolk on the first Tuesday of November 1703.
That whereas at the s d Court of generall Sessions of the peace, the sd appell? had a
tryall for his freedom & Claimed the same by vertue of an Instrum? under the hand &
seal of the Defend? bearing date the 26'. h day of June 1694. Yet sentence was given ag{
him, wch is wrong & erronious and ought to be reversed for the reasons following, viz'.
If That whereas at the sd Court of generall Sessions of the peace sentence was given
for the Defend? ag? the appell? when by Law the same ought to have been rendred for
the appell'. ag? the Defend?
2" That it is evident, that the appell? served the Defend? faithfully & honestly during
the Term of seven years from the 25 th day of March 1694. and ought to have his "freedom
& liberty pursuant to the Instrum'. abovemenconed.
3° That there is no penalty in the sd Instrum? if the appell? did not serve the Defend',
faithfully during the abovesd Term of seven years, nor doth he thereby forfeit his freedom
or liberty given him for that there is no provisoe or Condicon in the sd Instrum? that if
the sd appell? did not faithfully serve the Defend? & hi9 assignes during the sd Term, then
he should forfeit the freedom or liberty thereby intended and the word provided men-
c5ned in the sd Instrum? is a consideracon and not a Condition, and the Enffranchisem*
is positive & not conditionall and liberty being a priviledge the greatest that can be given
to any man save his life, it ought not to be forfeited upon trivial and frivolous matters
as is ptended by the Defend? all w<a matters & things (with what further may be alledged
by the Defend?) being duely weighed & considered by the hono re . d Court and the Gent?
of the Jury, the appell? hopes they will see good reason to Reverse the former sentence
and give him his freedom Tho . Newton attorney for the appell?." — Suffolk
Court Files.
The above reasons were received into the clerk's office October 26, 1703, and were argued
at the term begun on the second of November, at which term, by the verdict of the jury
and the judgment of the court, Adam secured his liberty. The record is as follows : —
" Suffolk ss. Anno Regni Regince Anna nunc Anglim &c Secundo • — '.
At Her Majestys Superiour Court of Judicature, Court of Assize & General Goal Delivery,
Begun & held at Boston, within & for the County of Suffolk on Tuesday the second of
November. 1703 . — \
By the Hono 10 Samuell Sewall Esq 1- }
John Hawthorne Esq r | TllsH pp R
John Walley. Esq' and I Jusnces -
John Leverett Esq r . J
Adam us Baffin Adam negro Appellt us John Saffin Esq r Appellee, from a Judgment or sentence of a Court
Eeqr of General Sessions of the Peace held at Boston by adjourment on the Third day of August
[Notes.] Province Laws {Resolves etc.). — 1703-4. 271
1703. for that whereas the s d John Saffin by his Petition to the Great and General Court or
Assembly for Her Majestys Province of the Massachusetts Bay held at Boston upon the
26 th day of May last did Insinuate that the s' 1 Adam is withheld or taken from him &c
Upon which he obtained an Order of s d Court that the matter should be heard before the
Court of General Sessions of the Peace for the County of Suffolk. At which s d Court Judg-
ment was rendered that the s d Adam negro had not performed the Condition for which he
was to be Enfranchised & therefore to Continue a servant to his s d master. Both Parties
now appearing. The Judgment of s d Court Reasons of appeal & all things touching the
same being fully heard the whole was Committed to the Jury, who were sworne to try the
same & Returned their verdict therein upon Oath That is to say They find for the appellt
Revertion of the former Judgment & Cost of suits. Its therefore Considered by the Court
That the s d Adam Ik his heirs be at peace & quiet & free with all their Chatties from the
s d John SafBa Esq 1 ' & his heirs for Ever." — Records of the Superior Court of Judicature,
1700-1714, fol. 114.
After this there was little hope for Saffin of gaining his ends. Still he resolutely pre-
sented his grievances to the Legislature at the third session in the following petition : —
" To his Excellency Joseph Dudley Esq r Govern r Capt Gen 1 ' and Cohiand r in Chief in
& over Her Ma' 1 ^ Province of the Massethusetts Bay in New England &c. the Hon ble
Council & House of Representatives Now Assembled Novem^f 15 th 1703
The Petition of John Saffin Esq 1 ' most humbly Sheweth
That there is a certaine Negro man Named Adam Servant to yo 1 Petition 1, who hath by
his vile behaviour Expos'd yo r Peti^ to very much trouble and Charge above two years &
half last past haveing been at no less then five Superio r Courts, & two Inferio r Courts
seeking to Obteine his freedom under the pretence of A writeing under the hand of yo r
Petir when he lett his farme at Bristol to Thomas Shepard with the said Negro, knowing
him to be a Desperate Dangerous Villaine, and of a Turbulent humour I Endeavored to
Oblige him to his Duty, and thereupon promised his freedome under my hand att the End
of the Terme upon the Conditions in the words following "Viz" allways Provided that the
said Adam my Servant Doe in the meane time goe on Chearfully quietly & Industriously
in the lawful! Business that Either my Self or my Assigns shall from time to time Reason-
ably sett him abovtor Imploy him in, And Doe behave & abare himself as an honiest true
and faithfull Servant Ought to doe Dureing the Terme of Seven years as aforesaid. Now
may it please yo r Excellency and this Hon blc Assembly the said Negro hath in no wise
performed the Conditions on w ch he was to be free But on the Contrary hath behaved him
self Turbulently Neglegently Insolently and Outragiously both to yo r Peti 1 : and his Tenant
Thomas Shepard his wife and family, and Others where yo 1 ' Peti 1 ; hath placed him, So that
he hath had no Profitt but loss by him said Negro these Eight Years and upward but was
faine to abate the said Tenant of his Rent for that cause, and in the mean time yo r
Petk hath been at continued great cost and Charges abovt the said Negro to this Day in
prov'ideing him Cloaths Bedding Phisick Attendance and all manner of Necessarys when
he was lately sick of the Small Pox besides abovt Six pounds payed the keeper of the
Prison for Charges when he said Negro was Comitted by the Court upon the Complaint of
Capt Timothy Clark of the said Negro's outrage at the Castle in great Danger of the said
Capt Clarks life w ch was proved upon oath. Allso the said Negro hath often times
Threatned to kill yo r Peti 1 ; and lately told M' Willard the keeper of the Prison that if he
had Oppertunity he would make no more to Twist or wring off the Neck of yo r Peti 1 : then
he would of a Snake all w ch is upon Oath and more to the same Effect —
The Premisses Considered yo 1 ' Petition r Doth humbly Implore this Hon b,e Assembly to
grant Releif, and that he may have liberty to Review the Action and Judgment the said
Negro hath lately Obtained for his freedome at this last Superio r Court at Boston (Not-
withstanding he was cast at two Courts before) And that according to yo r wisdomes some
Effectuall Order may be given that the said Negro may bee in safe Custody, and not goe
at large at his pleasure, that the Person of yo r Petition r may under God, be in safty &
secured from the Danger of his life threatned by that Notorious Villaine & allso that yo r
Peti' may be Reimbursed the Charges he hatli been att abovt the said Negro upon all
Occasions as aforesaid And Yo r Petition 1, 6hall Pray &c.
Jxo Saffin." — Mass.
Archives, vol. 9, p. 153.
This petition was read in the House, on the fifteenth, and on the nineteenth the repre-
sentatives passed an order " that the petitioner have a review at the next Superior Court
held at Boston and in the mean time the negro be of bonds with sureties for the peace
and good behavior," which order was sent to the Council for concurrence. On the first
of December this petition and order being read in the Council, it was " not concurred " in,
but tne Council voted that " the petitioner is referred to the law."
That Saffin found no further satisfaction is evident from the following entry in the
Records of Boston Selectmen, which shows that, as late as June 18, 1711, Adam was
recognized as free by the town authorities : —
" At a meeting of y e Sel. men June y e 18 th . [1711.]
Pursuant to the Law of this Province Intitulled An Act for Regulating of Free Negro 8
&c.
The S d Sel. men do order and Require the Free Negroes of this Town hereafter named
each one of them to give their Attendance, faithfully & dilligently to worke on cleansing
& Repaireing the High waves and other Services of this Towne, at Such time & place as
the Select men, or Such person or persons whom they Shall imploy therein Shall direct
and order, for the Space of So many dayes as is here after Set down against each of their
names respectively viz 1 , for this present year. dayes
Adam Saffin . . 3." — 1701-1715, p. 137.
This name is second in the list, but several others followed.
272 Province Laws {Resolves etc.). — 1703-4. [Chaps. 9-16.]
Chap. 9. This chapter is from council records, vol. VII., p. 397. It has not been
found in the archives.
The account mentioned in the preamble to this chapter is in archives, vol. 122, pp. 153-
174.
Chap. 10. This chapter is from archives, vol. 119, p. 211. It is recorded in council
records, vol. VII., p. 398.
This is the first account rendered by the province treasurer, of the trade (authorized by
the act of 1699-1700, chapter 13) with the Indians in the eastern part of the province
who had "recognized their subjection and obedience to the crown of England." The
act, though temporary, was revived and continued, from time to time, by subsequent
acts.
The resolve which constitutes this chapter originated in the House, and was sent to the
Council, for concurrence, June 4, 1703. On the seventh it was concurred in and signed by
the Governor.
Chapo 11. This chapter is from archives, vol. 70, p. 638. It is recorded in council
records, vol. VII., p. 399. See resolves, 1702-3, chapter 2, and note.
Chap. 12. This chapter is from council records, vol. VII., p. 400. It has not been
found in the archives.
The order in Council * for the payment of this allowance and also of the allowance
made by chapter 35, post, was passed August 5, 1703, and the amount thereof and also the
additional sums of fourteen pounds allowed by chapter 35, sixteen pounds allowed by
chapter 72, and four pounds allowed by chapter 109, post, are charged in the treasurer's
account f as paid, being a total of £36 10s.
Chap. IS. This chapter is from council records, vol. VII., p. 400. It is preserved in
archives, vol. 3, p. 104.
There is no record nor memorandum expressly showing that the Council concurred in
the amendment, proposed by the House, to this order ; but the form of the entry sufficiently
implies the acquiescence of the Board. Ordinarily, when the Council disagreed, its non-
concurrence was recorded, or the record shows that the vote was sent back for reconsidera-
tion. After the expiration of the time limited by the amendment of the House, the matter
came up again upon motion of the Council, which, on the twenty-sixth of July, passed
and sent to the representatives a resolve authorizing the Governor, by and with the advice
and consent of the Council, to transport such part of the militia of the province as they
should find needful into the provinces of New York and New Hampshire, or into the colo-
nies of Connecticut or Rhode Island ("or oblige them to march into the said provinces or
colonies, respectively), for the assistance and defence of her majesty's subjects within the
same." A clause limited the operation of the resolve to the end of the session of the Gen-
eral Assembly in May, 1704, and still another clause gave authority to oblige the militia
to march through the province of New Hampshire " into the further parts of this province
for their necessary defence and support." This resolve was read twice, in the House, on
the twenty-seventh, and, on the twenty-eighth, the representatives " ordered a concurrence
with the last paragraph [i. e., the second clause above mentioned] , only." Upon receiving
this vote of the House, the Council returned it for reconsideration, and the Governor, by
message, summoned the speaker and the representatives to the council chamber, where
he " spake to them concerning the bill for assistance to the neighboring governments."
The representatives, however, seem to have adhered firmly to their vote, and no further
action in this direction appears to have been taken until towards the close of the fourth
session, when a resolve, probably identical with that last above mentioned, was sent by
the Council to the House, for concurrence. The session was prorogued on the following
day, and the subject seems not to have been pursued.
The " act" referred to in the preamble was undoubtedly the resolve of 1702, chapter 69.
Chap. 14. This chapter is from council records, vol. VII., p. 400. It is preserved in
archives, vol. 70, p. 630.
The concurrence of the House with an amendment to this resolve appears to have been
voted on the twenty-ninth of May — the day on which it was passed by the Council. The
Secretary recorded the passage of the resolve as of the eighth of June, which indicates
that on that day the Council concurred in the amendment, although there is no express
record of concurrence.
Chap. 15. This chapter is from council records, vol. VII., p. 400. It is preserved in
archives, vol. 62, p. 440.
Chap. 16. This chapter is from archives, vol. 40, p. 771. It is recorded in council
records, vol. VII., p 405.
By the first act % establishing the Superior Court of Judicature, cases from Hampshire
County, on appeal, or writ of error, were to be heard in Boston or Charlestown, and a
Court of Assize and General Gaol Delivery was to be held in Hampshire County, " from
time to time, as the Governor and Council, advising with the justices of the Superior
Court, shall direct and appoint, according as occasion may be." By an act $ of the next
year a term of the Superior Court was to be held in Springfield, upon the last Tuesday
of June, yearly ; but this term was discontinued during King William's war, by an act ||
passed two years later still. By the act II passed and published June 19, 1697, the pro-
* Executive Records of the Council, vol. 3, p. 464.
f Mass. Archives, vol. 122, p. 191.
J Province Laws, 1692-3, chapter 33.
§ Ibid., 1693-4, chapter 11, § 4.
\\ Ibid., 1695-6, chapter 4.
11 Ibid., 1697, chapter 9.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 273
visions of the act of 1692 above mentioned, respecting Courts of Assize, etc., in Hamp-
shire County, were resnacted. The only court held under this provision, however, was
held pursuant to the following order in Council : —
"Aug. 8, 1698. Upon information given by his Maj'y' 9 Justices in the County of Hamp-
shire, that one Sarah Smith of Deerfield lies in prison there for murdering of a Bastard
Child late borne of her body, in order to a Tryal.
Pursuant to the Act for establishing of Courts, and upon advisement with the Justices
of the Superiour Court of Judicature, Court of Assize & General Goale Delivery within
this Province.
Ordered and Appointed. That a Court of Assize and General Goal Delivery, be held and
kept at Springfield within the said County of Hampshire by the si Justices, upon Thurs-
day the eighteenth of this present Month of August for the Tryal of the said Sarah Smith.
\\tm Stoughton." — Exec-
utive Records of the Council, vol. 2, p. 552.
Sewall, who, with Winthrop and Cooke, held this court, has recorded an itinerary of
his journey out and back, and an account of the trial.
By an act* passed June 26, 1699, sessions of the Superior Court in Hampshire County
were resumed, and Springfield and the second Thursday in August, annually, were fixed
as the place and time therefor. But as the first term of the Hampshire Court of Common
Pleas, under the actf of the same year reestablishing that court, was not to be held until
after the session of the Superior Court, and as all appeals, etc., of the last preceding term
of the Common Pleas had been already provided for by the act of 1698, there was no busi-
ness calling for a session in this county, of the Superior Court, that year. For want of
business, also, the Superior Court did not sit in Hampshire the next year, as appears by
the following entry in Sewall's Diary : —
" Aug' 3. [1700] .... Between 3 and 4 I receiv'd a Letter from the Justices of North-
amptonshire, i. e. Partrig, Parsons, and Hawley to notify us that there is no Business
requiring our going to Springfield this hot wether. We are very glad to be thus fairly
discharged from this long and tedious journey." — Vol. II., p. 21.
The terms for 1701 and 1702 probably failed for similar reasons ; but to prevent appeals
from the Inferior Courts (which continued to sit) from lapsing, the order which constitutes
this chapter was passed.
See, further, chapter 43, post, and note.
Chap. 17. This chapter is from archives, vol. 70, p. 635. It is recorded in council
records, vol. VII., p. 405.
It appears that the vote of concurrence in this resolve and the names added to the com-
mittee by the House were sent to the Council on the ninth and concurred in on the tenth.
The following entry shows the time for the visit appointed by the Lieutenant-Governor,
and the subsequent proceedings that day : —
" July 13, 1703. His Excellency attended with a Committee of the Court went to view
the Works of the Fortifications making at the Castle ; And Nothing being Offered to the
Council by the Representatives.
Adjourned Unto Tomorrow at ten in the Morning." — Council Records, vol. VII.,
p. 406.
Ten days later the committee submitted their report as follows : —
" Wee the Comittee appointed by the Great & General Assembly to Repair to the Castle
to view the present state of the work, what is yet absolutely necessary to bee done, & to
see the Ace" of the expence of y e last five hundred pounds Granted by this Court for that
service
In Obeidience to said order wee went to the Castle & find that instead of the wall that
fell down there is now a substantial wall built, that it is hoped will answer the end it was
built for & the whole of that great & chargeable work drawing towards a conclusion but
yet there remains several things to be done & finished that wee iudg of absolute necessity
viz : The (finishing ye platforms & Carridges both in ye vpper & Lower fortyfications, The
finishing the South curtaine, The Lodgings for the souldiers within the Castle ye buildings
on each side the Armory for accomodation for a Chappel a kitchin & Lodgings The Re-
maining Earth work Sod work & about 600 stocados to be sett down more for finishing
the lines, Lead for Covering the four Centry boxs, provisions for work men while sd work
is about
There is allsoe proposed Two vaults in two of the Bastions one for a prison & the other
for stores w nh may be of vse & done cheaper now then it can be done afterwards
There is allsoe proposed a Guard Room at y e Sf h E' fflanker w ch if not built, if ever
allarmed, is a building of great vse & men would find a great want off
Wee have allsoe Received a General Ace" from m r Brattle w th what charge hath occurd
since, ye province will be about 200" in debt for ye work at the Castle & materials pro-
vided for the finishing the Remaining work a more perticuler Ace" wherof he will give
when called for, the 500" last granted with ye ballance of the former AcC hath been laid
out in building a wall instead of that w ch ffell down building an Hospital in Bricks Timber
plank & other materials paying of workmen Labourers provision & The Brick work on
ye Castle walls many of ye Carridges done & ye plattforms Att the Battery or lower work
laid ;
Wee are of opinion yt for ye paying of the 200" ye province debt allready contracted
& the Compleat finishing of all above proposed it will require 900" or a 10U0", & Coll:
Roomer offers that for 1000" he will discharge the debt & finish the work & give security
to perform the same & if it Cost more hee "will pay it himself & if there be any left he
* Province Laws, 1699-1700, chapter 3.
t Ibid., chapter 2.
274 Province Laws {Resolves etc.). — 1703-4. [Chaps. 19-21.]
will return it for ye vse of the province, And it is pitty but soe noble a work soe near
finished should not be compleated soe as if occasion it might best Answer the end of soe
great an expence, if The Two vaults & guard Room be not now made there may be about
a hundred pounds deducted
This Humbly offered By John Walley by order
of y e Cofnittee." — Mass. Archives, vol. 70, p. 636.
This report was read first in the Council on the twenty-third of July and accepted by
the Board "and the gentlemen thanked for their pains." The report and vote were then
sent to the House for concurrence. There they were read on the same day and again on
the twenty-sixth, but no record of further action thereon has been discovered.
Chap. 19. This chapter is from archives, vol. 47, p. 241. It is recorded in council
records, vol. VII., p. 409.
The resolve which constitutes this chapter originated in the House, where it was passed
on the fifteenth. It was concurred in by the Council on the sixteenth. The act (1703-4,
chapter 5), which the Secretary drew in accordance with this resolve, was passed and pub-
lished on the thirty-first. The" former act was 1701-2, chapter 15, continued and modified
by the acts of 1702, chapters 1 and 7.
• Chap. 20. This chapter is from council records, vol. VII., p. 408. It is preserved in
archives, vol. 62, p. 441.
The following is the petition mentioned in the preamble to this chapter : —
" To His Excellency Joseph Dudley Esq; Cap': Generall and Gouernour in Cheafe in
and ouer her Majesties Prouince of the Masachusets Bay in New England, and her Maj-
esties Honii councill and the Hono 1 ' Members of the house of Representatiues conuened
at Boston The 7'" July 1703
The Humble Petition of Beniah Titcomb of Newbury
Sheweth —
That wheras your Petitioner being owner of the good Ketch caled the Newbury which
was Taken by Guelliam Le'Fauche a ffrenchman w lh a letter of Mart of Twenty Gunns
and nifty men the 26 th day of Aprill last past at sea in the Lat<* of 27 d 50 m comeing from
the Island of Antegua bound for Newbury afores d and was Plundered and Riffeled by
the s d ffrenchman ;"of many things to a considerable Value and your Petition*? son being
supra Cargoe and mate of said Ketch was forced to buy her at an extreame Rate and the
then Master Robert Kemball gone to ffrance a Hostage for the payment of said mony and
Yo r Petitioner haueing entered at the office at Salem what goods Remained on Board (after
si ffrenchman had left her) at her ariuall in Newbury being fourty hohd. 8 of Malasses three
Cask of sugr Two Bags of cotton wool the Impost of which amounted to fifty shillings
Yo r Petitioner doth Humbly pray that the s'-| fnfty shillings for Impost may be abaited
him wherby some of his losse may be Repaired and Yo. r Petitioner shall as in duty bound
euer Pray &c Benayah Titcomb." — Mass.
Archives, vol. 62, p. 441.
This petition was read first in the Council on the sixteenth, and the vote passed thereon,
which was concurred in by the House on the same day, was simply " and the prayer of
the petition granted " From this the Secretary constructed the preamble and order which
constitute this chapter.
Chap. 21. This chapter is from archives, vol. 121, p. 117. It is recorded in council
records, vol. VII., p. 409.
The fiist delegation by the General Court of authority to lay out and change highways
was by the following order passed at the session in March, 1634-5 : —
[At a court begun and held March 4, 1634-5 ] " Whereas there hath bene a complainte
made to this Court that many highe waves in the country are inconveniently layde out,
it is therefore ordered, that the Court of Assistants shall haue power to lay out such high
wayes as are wanting, & rectifie those that are amisse." — Mass. Colony Records, vol. I.,
p. 141.
In 1639 further provision was made for relocating and improving highways by com-
mittees chosen by the several towns who were to cooperate in the work under the follow-
ing order : —
Nov. 5, 1639. "Whereas the high wayes in this Jurisdiction have not bene layd out w th
such conveniency for travellers as were fit, nor as was intended by this Court, but that
in some places they are felt too straite, & in other places travellers are forced to go fan-
about, it is therefore ordered, that all high wayes shall bee layd out before the next Gen-
erall Court, so as may bee w th most ease & safety for travellers ; & for this end, every
towne shall choose 2 or 3 men, who shall ioyne w th % or 3 of the next towrie, & these shall
have power to lay out the high wayes in each towne where they may bee most convenient ;
& those w ch are so deputed shall have power to lay out the high "wayes where they may
bee most convenient, notw"'standing any mans propriety, or any corne ground, so as it
occation not the puling downe of any mans house, or laying open any garden, or orchard ;
& in coihon grounds, or where the soyle is wet or mirye, they shall lay out the wayes the
wider, as 6, or 8, or 10 rods, or more, in coihon grounds ; provided, that if any man shall
suffer any extraordinary damage in his improved grounds, by execution of this order, the
towne shall make him some reasonable satisfaction; provided, also, that if any case shall
fall out wherein those that are deputed cannot agree, it shalbee referred to the determina-
tion of this Court; & if any person shall finde himselfe iustly greived w°> any thing w ch
the said persons deputed shall do, hee may appeale to this Court, or the Court or Assist-
ants, who shall have power to determine the cause; but if the party shalbee found to have
complained w th out iust cause, hee shall pay all charges, & bee fined by the discretion of
the Court; and they shall ^ceede in this order: Newberry & Rowley, Rowley & Ipswich,
[Notes.] Province Laws {Resolves etc.). — 1703-4. 275
Ipswich & Salem, &c; Hinghara & Wayinotb, Waymoth & Mount Woollaston, &c; and
all townes are enioyned to have this order ^formed before the next Generall Court, vpon
paine of 5< for every towne makeing default. And it is not intended that any person shalbee
charged w lh the repairing of the high wayes in his owue land." — Ibid., p. 280.
Under the foregoing ordinance the main highway from Rowley through Ipswich to the
northern end of the ferry between Salem and what is now Beverly was laid out by com-
mittees who made the following return: —
[At a court begun and held Oct. 7, 1640.] "Wee, whose names are hearunder written,
being appointed to lay out the roade wayes for the countrey, in behalfe of Ipswich, (ac-
cording to order of Court,) from Rowely to Ipswich, (w th the consent of those that were
likewise ordered for Roweley,) have thus marked the said wayes out, that is to say, from
M r Nelsons dweling house pale by the end of Mussies Hill to the newe bridge over the
North Ryver, & so to the newe bridge over Muddy Ryver, & so by the cornon fence to
Ipswich towne, & so along by M 1 ' Saltonstalls house over the falls at Mile Ryver, & by
marked trees over M r Appletons meadowe, called Parlye Meadowe, & from thence by M r
Hubberds farme house, & so on upon the east side of M r Smyths house, & from thence,
by like consent of Salem men, over the ould planters meadowe, & so to the two ponds
usually dry in sumer, neare w ch ponds the way doth branch, one whearof is easterly of
the said ponds, leading through the ould planters ffeild to Salem fferry according to the
marked trees, & the other way is westerly of the ponds, leading to a great creeke at a
landing place westerly of M 1 ' Scrugs house./
The breadth of w oh wayes, from Rowely to the two ponds above mentioned, (by the
consent of us & those of Roweley & Salem,) is eight rod. And from the place where the
two wayes begin to branch, both to the ferry & to the creeke, are either of them sixe
rodd./ William Hawthorne,
Samuel Symonds, w th the consent of
John Tittle, Leift Davenport & Ensigne Reade.
Thomas Ferman. Thomas Nelson,
w th the consent of
Thorn : Barker." — Ibid., p. 308.
This return or "certificate" was ordered to be recorded as the first day of May, 1640,
at a general court begun and held the seventh of October that .year.
Within a few yearsafter the location, incumbrances upon public highways had increased
to such an extent that an ordinance was passed authorizing the Court of Assistants or
any County Court, upon complaint made of such incumbrance, to appoint a committee to
view the same and " ord r y e reformation thereof; & if y u pties whom it shall concerne shall
not submit to such order," they were to be summoned to appear " at y e next Co'te, where
y e cause shalbe heard & determined for y e ease & conveniency of travelers, w th due respect
to y e ^priet ,s cost & damage."*
The burden of making, repairing, and maintaining bridges and highways within the
limits of townships was placed upon the respective towns by the ordinance of 1648. f
Nearly five years before the passage of this ordinance the town of Salem had ordered
to be recorded the report of Roger Conant and John Balch, a committee previously ap-
pointed by the town to call on others to mend the highway between Ipswich, Wenham,
and the head of Bass River, which included one branch of the old highway of 1640. J
Under the provincial statutes § for repair of highways the most important change in
this highway leading to the ferry in Beverly was made by a committee appointed by the
Court of Sessions, upon a petition of the selectmen of Beverly. This committee's report
was accepted and ordered to be recorded in December, 1698. ||
The next public movement affecting the old highway of 1640 is indicated by the follow-
ing entry in the records of the Court of Sessions : —
" Whereas there is great complaint by several persons of y e incroachments on y e Kings
highway between Rowley and Salem ferry in a high degree & it having been recommended
by y e judges of y e Superior Court to some of ye justices of this Court to inspect & rectify
the same & their being a record of y e province or Gen ri Court whereby it plainly appears
y' y e said complaint is true- Wherefore this Court do order & appoint Maj r Symonds Epes,
Capt, Thomas West, Deacon William Fiske, Capt-Joseph Bointon and Mr Jon& Wade a
committee to enquire into the said encroachments & who it is yt hath incroached & to
what degree & make report to y e next Sessions of y e peace to be holden at Salem in June
next and the said Majr Symonds Epes is to appoint time & place for meeting for y e attend-
ing said service." — Essex County Court of Sessions, 1101-2, March term, p. 99.
The complaint and the recommendation of the justices of the Superior Court of Judica-
ture above mentioned have been searched for in vain ; neither do the records of the Court
of Sessions for the June term 1702, nor for July, to which time the court was adjourned,
nor for any subsequent term, show that the committee appointed as above madeany re-
port, or took any action whatever. The next proceeding which has been found of record
is the order which constitutes this chapter.
"The complaint of the justices of Essex" and "the annexed survey" of the road
referred to in the preamble have not been found in the archives nor among the miscella-
neous files in the Secretary's office. Among the latter, however, the following curious
detailed report was discovered, signed by all but two of the committee appointed by this
chapter : —
"We whose names are vnder written being apointed a Committe by the Great & Gen-
erall Court or assembly begun & held at Boston upon wensday may the twenty Sixth
* May 26, 1647. Mass. Colony Records, vol. II., p. 192.
f October 27. Ibid., vol. HI., p. 144.
t Salem Town Records, vol. I., p. 125.
§ 1693-4, chapter 6.
|| Records of Essex County Court of Sessions for that year, p. 52.
276 Province Laws (Resolves etc.). — 1703-4. [Chap. 21.]
1703 to Sit at Ipswich Sometime in September next to heare the Complaints and take the
answers of the Seuerall persons that haue trasgresed on the High-Road from Newbery to
Salem contrary to the Ancient Records. And haueing giuen publique notice for ther meet-
ing of us at the house of m r ffrances Cromptons in Ipswich on the Seauenth day of Sep-
tember 1703 at ten of the Clock in the forenoone & being their meet doe make Our Report
as ffolloweth. viz.
pole. Fot
1 : 14 f .Sam" Stone : Answers that y e high way is as it was when he bought it on
i . 5. — ( Each side
i.i J Benja Trask. } Answer that y e fence stands now as it did when they came
' =-=" \ & Jn° Standly. j upon it
1 . 13. *Rob.t Brisco : Answers yt the fence stands as he bought it & as it has stood
for 40. yeares
1 . 13. f — W» Eliot, his Answer is that ye bounds are as he bought ym but ther was
1.11 ( no fence
1 . 13. — Jn° Corning his answer is y l his fence & house Stands further in then formerly.
1 . 12 — Nath a Howard his answer y' his house & fence Stands further in y n formerly
& was So Injoy'd more y n _ 40 yeares.
2.4 — Jacob Griggs & Hazd Smith Answer that y e high way is as wide as it was when
they, bought y e land & it was then fenced asnow it is.
2.4 — W™ Trask. answer y* his fence Stands within ye bounds he hadf of his fathers
lands.
2 . 1 — Tho. Chub Answer yt he has not streigtened ye way. but ye Road is as wide as
in his fath r _s time
2:8 — Rob 1 Roundy & haz d : Smith say. y'. the high way ther is as they bought y
land. w' h a stone wall on each side
2.8 — Jos Trask. ans r s y\ he has not altred ye Road of w 1 it was when he bought the
Land :
2 . 10 — And r Eliot ans r s y' he has not incroached on y e high way but y e fence is as he
bought it
2 . 10. — Nath a Wallis Caleb. Wallis answers for him yt. he has not trespas His fence is
as he bought it
2 . . 9 — Js. Woodbery ans r s. y{ his house ther Stands as he bought it
1 : 7 : — Benja Trask. ans's. that. y e high way ther is wider yn w» ther fathr inproued
, ■, . { Jon 1 Bishop. ans™ y' y e high way is as it was when he bought it
( And^ Eliot ans's. y' he is not a transgresor as he knows of.
2 g J W" 1 Eliot ans r yt y e . fence now stands, as it did when he had it of his father
I Roger Haskoll. ans r y< he holds it as it was set out to him by his gaurdians
[Joseph* Herick : ans's. y* y e fence is as it was w; he receued it of his fathf &
J has ben so @ 50 yeares.
Benj a . Balch. ans r s that his fence has stood in y e Same place for more y° 60
yeares.
2 | Lot Conant ans r s. y' his house & fence is as his Granfather left it
' " j ph. white ans r s y» his fence stands, as it did when he bought it
fW™ Conant. ans's. y{ his fence stands as. his father left it to him
2.10 — I widow Raym, t for whoine Cap 1 Raym.t ans's. y' y° fence stands, as it did &
( has done for @ 50 yeares.
2 . 8. — Geo. Trow : ans 1 ' y l his fence stands acordj to ye bounds he bought.
2 . 9. — Benj a Balch sen r & widow Raynient Balch ans's y* y e fence is as it has ben 60
yeares.
f Cap 1 W™ Raym' aswer yj he beliues yt y e high ways has ben ther nere 60 yeares.
2 7 j y' y e land on both sides is his y ' y e fence on west side has stod 50 yeares &
j more & one ye East Side 60 yeares & more as it now stands & y l Edw Ray-
[ ments land is part of it
2 . 7. — Cap' Wm Dodge Ans r s. y' he is willing to retreate to w' is meet
f CapJ W«? Dodge, answer, y* he has not transgrest upon y' line & yt y* lot was
3 . ^. — -I laid out 40 yeres before others
( Jos r : Balch. answer, y* y e fence now stands as it was first set. @ 25 yeres since
9 - f Jon' Herick. answer, yt he has set his fence within ye bounds his land was
• " { sould by : bounded upon ye Country road by bounds.
2: Petter woodbery Jun r answer, y' when he fenced in his land he left it three
pole & y e reason is was so narrow w? measured was a tobacko yard, now
remoued,
r Petter woodbery ans^ y ' he has not. exceded his bounds there.
2. 9 — -I Sam 1 . 1 Balch. ansf that his fence runs as his land was bounded out by y e pro-
( pri'etors of y e land.
2:7: Jn? Balch. ans r s. yj his fence suns as his land was bounded out to him w n he
bought it &. was giuen to him by his father
Rod fot
3 : 2: — Jona 1 Rayment Answer is that, his fence stands within his proper bounds :
2.7 — ffree Balch : answer : that his fence is within the bounds of his land
3 : Widow Dodge, answer, that, her fence is within the bounds of her land
Jn« porter answer, y' he neuer hard of any publique Road there. & y' Road
was lay downe for his predecesors owne conueniency —
1 . 10: — • Isacc. Hull his wife, ans's. y' y e Road is where it was w n her husband pur-
chased & y' y e fence stands, as it did then —
2 . 3- - Tobias Trow ans r y' he bought his land by bounds & his fence doth not exced
it
* A name, apparently " Jon" Lovet," cancelled here,
t The word " bought," cancelled here,
j Apparently written over " Samll."
{
[Notes.] Province Laws (Resolves etc.). — 1703-4. 277
o i f Jos. ffowler ans r yt his fence stands within his proper bounds.
' =' \ Zack Goldsmith
2:11 — Rob' Simonds ans™ yt his fence stands within the bounds he purchased
3 : 12 — Charles Gott. ansf y< * he was bounded upon y u Road & if he has trangred it
must be mended
( W™ Rogers ans* y' his fence stand on his bounds as he bought it
3. < Sam'.' Kimboll not apering wat r fairtield afirmes y' his fence stands @ a Rod
( into ye highway
2 . 7 - - Rich<J Hutten. ans r s y' he has no land but w l he bought. & if he has transgresed
it must be rectified : —
f Jno Gilbert not apered fairfield saith. yt Jn? Browne incroched before he sould :
o i | waiter fairfield Ans 1 ' he lias knowne yt to he a Road 60 yeares. & that he has
' = ) not incroached on Inch, & yt Cap; Smith alowed 4 pole for a Road, throw his
[ farme till he came to fairfelds land. & y L ' selectmen acepted it
2.12: — Jn° Lampson. ansf yt ye house be bought & p cl for.
i - 14 — Dan 11 Killuin sen 1 ; answer yt y e land in his posesion is his owne & has made
no lucrochmt
2.4 — Jn° Lampson ans r s. that he has not inchroached upon y e highway.
1 . *. — Rieh d Hutten. he hops he has not transgresd if he has it must be rectified
1 . 15 — An' Dike : ans r yt y e land he has fronting upon y e Road he bought of hutten
2. - Jn<> Dauison. y' he has not Iucroachd on y e Road has what his father gaue
him
f Nath. Anible tenant to m r ? ward : knows nothing of any Incroachrnent.
2. -7--< Potters Math. Whiple ans's y 1 since he has ben concernd in y' Estate ther has
( ben no Incroachmt •
2.7 — Rich' 1 walker, answer yt he posseses his land l>y ye bounds set' him w» bought it
2 . 12 - - Natha Dike ansf y 1 he J>ought his land without any fence & set up his fence
•paralell to his neighbours
2. 12 — Mfs Ward: her son Huberd. ans r s. yt he knows of no Incrochmt & his fence
stands, as it formerly did.
2. 12 . . Widow Whiple. Math Whiple adminisb; ans r he knows of no Incrochments.
2 . 3. John. Deane ans r . is that he has not transgres upon y high Road.
2. 1. — Mathew Whiple. Ans r y e land is his on both sides :. & y l y e fence stands now
as it was when he bought it —
2 . J. — John. Whiple ans r s he knows no Road layd out there
2 . 1 . — Cip r Whiple : ans r he has not Incroched ye high way the fences are as his father
z left it
2 - Jos. Whiple answer he has not Incroched but holds it as he had it from, his
predesessors :
2. - Isacc Rindge ans r . he knows of no Country Road layd out there.
2.2 — Cap? Dan" Ring ans r that he knows of no Incrochment upon this Road
2: 2. Ensigne Jacobs, he knows of no Incroachrnent upon this road.
2. 9 ffrances Crompton. ans r he has not trespast on ye highway —
1. z Sam u Apleton Es'q r
1 : 14 : Jn° Apleton. Junf
1 . 14 : Isacc Apleton ans 1 y' he has remoued his fence
3 : 15 Tho. Maning. answer he has nothing but what he bought & has not Incroched :
Mj Wade ansf ye fence now stands as his predesesors Injoyd it
3. Dan 11 Rogers ans r he knows of no incroachmt it has ben so 50 yeares
3. - fir. Crompton. ans r . he has not Incroch' has only w« he bought
Is : ffellows.
3. : 1 Rob 1 Lord ansy his land has ben posesd by him selfe & predesesors as now
z fenced for 50 yeares.
3 . 1 . . Tho Lull ans'. his land has ben possesed by himselfe & predesesors as now
z fenced for 40 yeares.
3 - Jno Setchell Ans r s he has no ways Incroched on ye high ways
7. . ffranes Wainright Esqy.
3 . 14 Jer Jewet ansf yt he has not Incroachd ye Road.
3. 14 Jn 1 ? Jewet ansf y< he has made no Incrochm' on the high way.
f Jer. Jewet Jun't has no land on ye Road its his fathers.
( Jn° west, ansf y' he has made no Inchrochru 1 on y° high. Road.
2 . 9 — Widow pickard. her son ans r y 1 his fath 1 ' & mother peacably posed ye lands for
50 or 60 yeares. as its now fenced
2. 9> John. & Sam" Dresser John Ans 1 '. that they haue posesed it for neare 50 yeres
as it is now fenced :
7 - Ensigne Stickny
The foregoeirig is the Answer made by the Seuerall persons, herin named unto us
at Ipswich : 7* Septf 1703. W« Browne
Robert Hale John Appleton
Symoxds Epes John Higginson
Joseph Boynton Francis Wainwright." — Mass.
Files : Miscellaneous.
No action appears to have been taken upon this report at the September session, nor has
the acceptance of the report subsequently been discovered nor any legislative remedy of
the encroachments which the committee reported further than the following unsuccessful
proposal, which originated in the Council during the fourth session of 1704-5 : —
"Jan. 4, 1704-5. An Order pass'd in Council for Revival of the Committee formerly
appointed by this Court to enquire into the Encroachments made on the High Way lead-
* " His fence stands," cancelled after this word,
j " & Jn° west," cancelled after this word.
278 Province Laws {Resolves etc.). — 1703-4. [Chaps. 22-27.]
ing from Salem to Newbury, Impowering them to stake out the same to the Breadth of
four Rod in all Places where it is streighten'd, & to command the Removal of all En-
croachments and Report their Doings ; — Wch Order being sent to the Represent.™ 8 Was
disagreed to by that House."' — Council Records, vol. VIII., p. 101.
Chap. 22. This chapter is from council records, vol. VII., p. 410. It has not been
found in the archives.
Of the ten thousand pounds in bills of public credit required to be printed and signed by
the act* of November 21, 1702, one-half had been emitted in accordance with the order in
the third section of that act, while the other five thousand remained unsigned in the hands
of the committee until after the passage of chapter 14 of the resolves of the year 1702-3,
which required the committee to sign and deliver them to the province treasurer — "the
said bills to pass out of and into the treasury," etc., as had the " five thousand pounds
already emitted."
The last-named resolve was passed March 27, 1703, the last day of the session ; and
on the thirty-first of May following, being the fifth day of the next General Court, " an
account of the bills of credit remaining in the hands of the committee " was read in the
Council and sent down to the representatives. Towards the end of the same session the
resolve which constitutes the present chapter was passed for placing in the treasury for
emission a further sum of five thousand pounds in bills of credit.
Chap. 23. This chapter is from council records, vol. VII., p. 410. It has not been
found in the archives.
The emission of the first five thousand pounds in the bills of credit prepared under the
act of 1702 was authorized by the act itself, as has been shown in the preceding note. By
chapter 14 of the resolves of the year 1702-3, the province treasurer was impliedly, though
not expressly, authorized to emit the remaining five thousand pounds of that issue. The
object of the resolve which constitutes the present chapter seems to have been to direct
and empower the treasurer to emit the bills printed under the last preceding resolve, and
to enhance their value by redeeming them at a premium of five per cent.
The tax actf which was passed ten days later contained a section expressly empowering
the treasurer to emit these bills and also to re-issue five thousand pounds of the whole ten
thousand pounds of bills which had been prepared in bills previously emitteu and returned
to the treasury, and to receive them back again at the same advance or premium of five
per cent.
Chap. 26. This chapter is from archives, vol. 59, p. 244. It is recorded in council
records, vol. VII., p. 413.
No such complaint as is mentioned in the preamble to this chapter has been found in
the archives.
This order originated in the Council on the twentieth of July, when it was passed and
sent to the House for concurrence, and on the next day was concurred in and consented to
by the Governor. '
In 1709, on the joint complaint of the inhabitants of Enfield and the justices of Hamp-
shire against the people of Windsor for forcibly seizing and carrying away turpentine
drawn in Enfield lands, the Governor and Council referred the letters received on the
subject to the consideration of the Assembly.
Chap. 27. This chapter is from council records, vol. VII., p. 414, and archives, vol.
62, p. 438.
The following is the petition mentioned in the preamble to this chapter : —
" To his ExcelKy Joseph Dudley Esq' Cap', General and Governor in cheif in and over
her Maj". ei Province of the Massachusetts Bay in New England and vice Admiral of the
same. The Hon b ; le her Maj'ip Council of the s d Province and to the Honb'e House of Rep-
resentatives convened in General Assembly for the said Province —
The humble Petition of John Harraden Mariner late Command 1 ; and owner of the Sloop
Blackthorne
Sheweth
That on the tenth day of May Anno Domi 1702. before the War was proclaimed yo'
Petitioner being bound with his s rt Sloop on a ffishing voyage to Cape-Sables was met
with by Jean Baptiste who took yo^ Petitioner, and sent him and his Company into Port
Royall. and in about two months time yo r Petitioner being discharged and his Company
brought home with him two Ketches which the ffrench had taken from us, and delivered
them to the owners at Salem, and presently waited upon his Excell c >' : and gave him an
accoj of what had happened, who was pleased to grant yo 1 " Petitioner his Commission to
go in search after recover & retake his s' 1 Sloop &c» Anil the said Baptiste being notori-
ous!}' known to have been a most mischievous enemy to this Country last warr, having
taken a great number of vessells from the Merch ,s : of this Province Several Merch ,s : and
Gentlemen of good worth promis'd yo r Petitioner, he should be very well rewarded if he
could take s (l Baptiste. But now so it is may it please yoj Excelbvy and Hono 1 ". 3 That yo. r
Petitioner did pursuant to his s d Commission find out & take s d Baptiste and bring liim
Prisoner to Boston, but in our way home met with a ffrench man of War of seaventy five
men who were fitted out from Port Royal on purpose to take yo r Petitioner (as the Cap.'
himself boasted when we hailed him), but we killed the Captain and 13 or 14 of his men
(as the ffrench themselves reported) and sent her back to Port Royal, Monsieur Baptiste
having had the satisfaccon to be a spectator of the action whereby (as he humbly con-
ceives he did a very considerable service for his Country, the Satisfaccon whoreof he looks
* Province Laws, 1702, chapter 8.
t Ibid., 1703-4, chapter 3, § 5.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 279
upon to be a sufficient Reward for all the Pains and hazard he has sustained in the enter-
prize. But his particular personal Loss has been very great for besides that the Sloop ffur-
niture &c : cost him near four hundred pounds which is all lost, he is moreover by the Loss
of his Sloop put out of all employment, & all means to support himself and ffamily taken
away from him whereby he is reduced to great straits.
Yo r : Petitioner therefore humbly Prays and hopes that jo\ ExcelUT and Hono™ will
be pleased to take the Premisses into yor Pious & serious Consideration, and will be
pleased so far to Consider the Cause of yo' Petitioner, and give him such Relief & Recom-
pence, as to yoy ExcelKT and Hono™ : in yo r . great Wisdom and goodness shall seem meet.
And yo r s Petitioner as in duty bound shall ever pray &c*/
John Harraden." — Mass.
Archives, vol. 62, p. 438.
This petition was read first in the House on the twenty-eighth of May, 1703, but the
resolve was not passed until the twenty-first of July, on which day it was also agreed to
by the Council and consented to by the Governor. The Jean Baptiste recaptured by Har-
raden was the prisoner whose exchange was so earnestly sought for by the French in
Canada. He escaped from prison in December, 1697.** He was not liberated until some
years later. There appears to have been still another prisoner of the same surname taken
from the enemy and imprisoned in Boston. See the list of prisoners exhibited by John
Arnold, prison keeper, 1690, in which the name of "Battist" appears — Province Laws,
vol. VII. , p. 628.
The order in Council* for the payment of this allowance was passed August 5, 1703,
and the province treasurer's account f shows that it was duly paid.
Chap. 30. This chapter is from council records, vol. VII., p. 415.' It is preserved in
archives, vol. 88, p. 341.
The act;]; of 1693 for encouraging a post-office having been disallowed by the Privy
Council on the fifth of November, 1696, a little less than five months after the passage
of the act § for reviving and continuing it, the newly reconstructed Board of Trade com-
municated the order for the disallowance to Lieutenant-Governor Stoughton in a letter
dated Whitehall, January 20, 1696-7. Besides giving the reasons for rejecting the first
mentioned act which have been printed in the notes thereto, the writers promised to send
over the draught of a new act acceptable to the home government || to be passed by the
provincial Legislature.
The preparation of the proposed act appears to have been postponed until after the
appointment of Bellomont.H The draught was completed by the twenty-sixth of August,
1697, on which day it was sent to Bellomont from the Lords of Trade with a letter of
explanation and directions, in which it was referred to as mentioned in his instructions.
The final draught of these instructions, however, was not prepared until five days later.
Of these the thirty -eighth reads as follows : —
" And whereas his Majesty hath lately repealed an Act passed in the Generall Assembly
of his Province of the Massachusetts Bay, entituled, An Act for encouraging a Post Office,
That Act being found prejudicial to the office of his Majesty's Post Master Generall in
England, in whose Patent are included all his Majesty's Dominions and inconsistent with
the patent granted in the year 1691 to Tho. Neale Esq. for the Post Office in America, But
is willing neverthelesse that such an Act be passed there as may answer the principal ends
of the former without the forement<J inconveniencies ; You are therefore to endeavour
that such a Law for erecting & establishing a Post Office : (a copy whereof is herewith
delivered to you) be passed within the said Province of the Massachusets Bay and to
transmit it unto His Majesty when past by the first opportunity." — " Neio England, Board
of Trade," vol. 30, pp. 260-272 ; in Public Record Office.
The circumstances which delayed the arrival of Bellomont to assume the gubernatorial
chair of Massachusetts have been narrated in the note to chapter 62 of the resolves of 1697.
Before he arrived in Boston notice of the disallowance (by an order of the Privy Council
passed November 24, 1698) of the provincial act for reviving and continuing the former
act had been communicated to the Lieutenant-Governor. This was published on the
twenty-seventh of April.fr
Agreeably to his instructions, at the first session in which he met the Assembly Bello-
mont laid before the Council %% the draught of the act prepared by the Privy Council.
Both of the provincial acts, however, had already become inoperative upon receipt of the
order in Council disallowing the original act.
The last legislative grant towardsthe support of a post-office had been by the resolve &&
of June 11, 1696.
There can be no doubt of the sincere desire of the provincial Assembly to afford facili-
ties and encouragement to those who had been appointed to manage this monopoly, pro-
vided the concession should not be improved to so extend the royal prerogative as to
impair or defeat rights and privileges granted or reserved in their charter. But in the
Legislature there was a constant and not unfounded jealousy of this constitutional but
undefined function of sovereignty. It was feared the extravagant ideas of the right of
dominion by the crown constantly and offensively advanced by those, who, in deference
to this supposed legal attribute of the sovereign, opposed any diminution of regal power
and by those who sought the favor of royalty by reckless subserviency would, unless
* Executive Records of the Council, vol. 3, p. 465.
t Mags. Archives, vol. 122, p. 202.
X Chapter 3.
§ 1696, chapter 1, §4.
|| Province Laws, vol. I., pp. 117, 123.
IT Bellomont's commission is dated June 18, 1697.
** See note to chapter 51 of the resolves of 1705-6.
ft Sewall's Diary, vol. I., p. 496.
ij June 3, 1699.
§§ Resolves, 1696-7, chapter 13.
2S0 ProvUtce Laws {Resolves etc.). — 1705-4. [Chap. 30.]
prudently and seasonably controlled, supplant the liberties of the subject. It was this
jealousy and a strict observance of the rule obsta principiis that constrained the popular
leaders" to insist upon some objections which under other circumstances might appear
frivolous, or at least uncalled for.
The first action taken by the Council upon the draught of the act submitted by the Gov.
ernor was to order that it Lie transcribed by the Secretary and " brought in on Tuesday
morning next and then read." Accordingly, on Tuesday, June 6, 1699, the transcript
having been prepared, it was brought in and read and ordered to be read a second time
the next morning.
The following "is printed from the copy made by the Secretary : —
" Province of the
Massachusetts Bay An Act For erecting and establishing a Post Office.
Whereas his Ma'y and her late Maty Queen Mary by their Royal Letters patents under
the Great seal of England, bearing date the 1711} day of February which was in the year
of our Lord God 1691 — did granite Thomas Neale Esq 1 ; his Exec? Admin™ & assignes
full power and authority to erect, settle & establish within Their s d Ma 1 -' 5 Colonies & plan-
tations in America, one or more Office or Offices for y e receiving and dispatching of Letters
and Pacquets by posts and to receive, send and deliver the same under such rates and sums
of money as the Planters and others should agree to give on the first settlem; To have,
hold and" enjoy the same for the Term of one & twenty years with and under such powers,
limitacSns and conditions as in and by the s<* Letters patents may more fully appear. And
whereas his Ma 1 ? 5 Post master General of England at the request, desire and nomination
of the s d Thomas Neale hath deputed Andrew Hamilton Esq^for such time & under such
conditions as in his deputation for that purpose is mentioned," to governe and manage the
s d General Post Office for and throughout all his Ma' vs Plantations and Colonies in the
Maine Land or Continent of America and the Islands adjacent thereto, as in and by the s d
Deputation may more fully appeare. And whereas the sd Andrew Hamilton on the behalfe
of the said Thomas Neale by and with the good likeing and approbation of his Ma tvs Post
master General of England, hath made application to his Ex cv the Governour, Council and
Representatives convened in General Assembly that they would ascertain and establish
such rates & sunis of mony Upon Letters and Pacquets going by Posts as may be an effec-
tual encouragem. 1 for carrying on and maintaining a general post. And his Ex rv and Council
and Representatives convened in General Assembly considering that the maintaining of
mutual and speedy Correspondencies is very beneficial to his Map" and his subjects and a
great encouragemi to Trade, and that the same is best carried on and managed by publick
Posts as well for preventing inconveniencies which heretofore have hapned for want thereof,
as for a certain safe speedy dispatch carrying and recarrying of all Letters and Pacquets
of Letters by Posts to and from all parts and places within the Continent of America, and
several parts of Europe and that the well ordering thereof is a matter of general concern-
ment and of great ad van- s
Be it therefore Enacted, by his Ex c - V the Governour, Council and Representatives con-
vened in General Assembly, And by the authority of the same That there be from hence-
forward one General Letter Office erected and established in some convenient place within
the Town of Boston from whence all Letters & Pacquets whatsoever may be with speed
& expedition sent into any part of the neighbouring Colonies and Plantations on the maine
Land and Continent of America, or unto any other of his Ma tvs Kingdoms and Dominions
or unto any Kingdom or Countrey beyond the seas, at which s d Office all returns & answers
may likewise bereceived, and that one master of the s d General Letter Office shall from
time to time be appointed by his Ma "y 5 P'>st masK General of England for the time being
to be constituted by Warrant under his hand and" the seal of his office for such time as
such Post master General shall think fit, which s d master of the s d office and his Deputy
and Deputys by him thereunto sufficiently authorized and his and their servants & Agents
and no other person or persons whatsoever shall From time to time have the receiving
taking up ordering, dispatching, sending post or with speed and delivering of all Letters
and Pacquets whatsoever which shall from time to time be sent to and from all and every
the ports, places, Colonies and Plantations on the maine Land and Continent of America
or any other his Ma'- Vi Kingdoms and Dominions, and to and from all and every the King-
doms and Countreys beyond the seas where he the s d post master General shall settle or
cause to be setled posts or running messengers for that purpose — Except such Letters of
merchants & masters, owners of any ship or Vessel or any part thereof, or any part of the
Cargo thereof which shall by any such merchant or master l>e sent by any masters of any
ships, Boat, or other Vessels of" merchandize, of which they shall be so owners or part
owners of ship or Cargo or by any other persons imployed by them for the carriage of
such Letters afores d according to the respective directions and also Except Letters to be
sent by any private Friend or Friends in their way of Journy or Travel or by any mes-
senger or messengers sent on purpose for or concerning the private affair of any person
or persons.
And be it further Enacted by the authority afores d That such master for the time being
as shall from time to time be made & constituted by the Post master General of England
for the time being, and the respective Deputys or substitutes of such master and no other
person or persons whatsoever shall prepare and provide horses and furniture to lett to hire
unto all through posts and persons rideing in post by Comission or without to and from
ad & every The parts and places afores d where any post roads are or shall be setled and
established.
And be it further Enacted by the authority afores d That it shall and may be lawful to
& for the s d master of the s d Office to be constituted as afores d and his Deputy and Deputys
by him thereunto sufficiently authorized to demand, have receive and take for the postage
& convevance of all such Letters which he shall so convey, carry and send post as afores d
and for the providing & furnishing horses for through posts or persons rideing in post as
afores d according to the several rates and sums of currant money of this Province here-
after mentioned, not to exceed the same — That is to say, For the post of every single
[Narss.] Province Law* (Resolves etc.). — 1703-4. 281
Letter from Europe, the West Indies or other parts beyond the seas two pence, and all
Letters are to be accounted single tho they containe merch^ accompts not exceeding one
sheet of paper, Bills of Loading, Gazets* Invoices or Bills of Exchange, and for each
pacquet of Letters from the places afores* four pence, and a Pacquet shall be accounted
three Letters at the least ; and for the post of every single Letter from Rhode Island to
Boston or from Boston to Rhode Island six pence & so in proportion to the { sb and
quantity of Letters ; and for the post of each single Letter from the Post road in Connee-
ticot Colony to Boston nine pence, and so in proportion as afores?, and for the post of
each single Letter from the City : New Yorke twelve pence and so in proportion as
aforesd and for the post of each single Letter from the Province of East and V
or Pensilvania fifteen pence, and so In proportion as afores- and for the post of -
Letter From Maryland or Virginia two shillings each Letter and so in proportion as a:'
And for the post of each single Letter from Salem pence, from Ipswich, Newbury
or other pla : 1 of Salem within this Province pence and from Piscataqua
pence, and so in proporcon as afores T And if any Letters or Paequets shall lye or
remain in the office uncalled for by the space of F . r A A
then sending them forth to the respective houses of the persons to whom they are di'-
shall have & receive one penny more for each pacquet or Le: _
And be it further Enacted by the authority afores* That it shall and may be lawful to
and for such master to be constituted as afores^ and his Deputy and Depur. ra
demand take and receive of every person that he or they shall furnish and pr
rod guide to ride post in any of the post roads i each
horse hire or postage for every mile and one shilling for the Guide for ere Stag
And for the more effectual encouragem* of the s 1 General Post Office Be if further Enacted
by the authority afores^ That all and every such person and pen - .all be imployed
by such master to be appointed as afores^in the several - s nthis Province shall
and may pass & repass all and every Fen-y and Ferrys within this Province at any time
during the continuance of this act in force without paying any rate or sum of mony either
for his or their own or his or their horses pass _ • ■ . -
And be it further Enacted by the authority afores : That no person or persons whatso-
ever or Bodies politique or Corporate other than th to be constituted
shall presume to carry Recarry or deliver Letters for hire (other than as before excepted)
or set up or imploy any Foot post, horse post, Pacquet boat or conveyance wt soever for
carrying, conveying or recarrying of any Letters or Paequets by sea or Land within this
Province, or shall provide or maintaine horses & furniture for equipping of any peri
ndmg post as is usual in his Ma^ 5 Realme of England, upon the pain "of fori
sum of Forty pounds currant money of this Province for every several Offer
the tenour of this present act, to be sued for and recovered in any Court of Record within
this Province by Bill Plaint or Information, wherein no Essoign Protection or
Law shall be allowed, one halfe of the b* Forfeiture to h - 1 1 - heires and e son
towards the support of the Governm* of this Province and the contingent Charges thereof
and the other halfe to the b* master to be constituted as afores<J who shall sue & prosecute
for the same
And whereas upon the arrival of ships into the several parts of this Province raa
Letters directed to several merchants and others have been detained long to the gi
damage of the merch'^ in want of that speedy advice which they might have had if the
same had been forthw* dispatched and some time such Lettr - en dehvert I
the masters or pass ngen ! such ships to ignorant or loose ':.. ; thai stand not
the way & means eonveyance and" delivery of Letters whereby great prejudice
hath accrued to the affairs of merchants and others as well by y* miscarriage of :
a as oftentimes by opening the same, to the discovery of the Correspondenc: -
secrets of merch : . 5
Be it therefore Enacted by the autho r ity That all Letters and Paequets thai
any Master of any ship or Vessel or any of his Company or any passenger therein, shail
or may be brought to any Post Town in the Provi: :>ther than" such I
are before excepted | shall by such master, passenger or other pen ::hwith del:-
to the Deputy or Deputys of such master only for the time l^eing or to his servants or
- . by him or them to be delivered according to the several and respective dire
of the same or in default thereof every sucr. - a r or other pen
offending in the premisses shall forfeit the sum of to be reeo
& p J to such persons and in such manner and to such uses as :d for their re-
spective encouragemf in the observance hereof Be it also Enacted That the s^ master of
the s 1 Office his Deputy or Agents shall pay to every master or masters of any such ship
or ships, Vessel or Vess - i tendering in Letters a? afores < : a halfe penny for p
Letter or Letters, pacquet or paequets.
And it is hereby further Enacted by the authority afores'l That the s
Office, his Deputy or servants shall continue constant posts for the carria_ Iters 1
the several places and stages abovementioned. and shall seasonably and faithfully dr
forth the Letters and also furnish and provide all persons riding post
or horses for his or their use withm the space of one ha:' I according
to the intent of this Act upon pain of forfeiting for every omission in either of :'
y- sum of Five pounds to be recovered as afore? T and to - -
M:r - • ffc the other halfe to the par: _ , who shall s same.
Provided always That if any Vessel or Vessels used or to be used in the s j Service be
Forreign built or navigated with Forreigners then and in every such eas
shall forfeit the sum of sterling to be recovered to such uses and in such
manner as the penaltys last above mentioned are directed to be recovered and disposed of
as afore-
Provided also and be it Enacted by y* author.' -bat no person or per-
whatsoever shall be capeable of having, using or exercising the offi s
Office or anv other Imploym; relating to the s J Office unless he take the
same Oath or Oaths that the assembly men of this Province are obliged by the Laws of
282 Province Laws {Resolves etc.). — 1703-4. [Chap. 30.]
the same to take, before one or more Justice or Justices of the peace of the place in which
such person or persons shall be resident, which s<| Justices are hereby impowred to ad-
minister the s d Oaths accordingly.
And be it further Enacted by the authority afores d That if any Ferry man or Ferrymen
or other person or persons interested in any such Ferry or Ferrys within this his Ma'? 3
Province shall at any time neglect refuse or delay the conveying over his or their Ferry
or Ferrys any such person or persons so imployed as afores d in the execution of their
respective imploymt or imploymt or his or their horse or horses, he shall for every such
offence forfeit the sum of Five pounds sterling to be recovered & disposed as the penalty
before by this act laid upon such as shall set up any post or pacquet boat is hereby
directed and appointed to be recovered and paid
And to the end all Letters and Pacquets of Letters, other than as afores d which shall
or may be sent to England, Scotland, or Ireland or any other part of Europe may be safely
conveyed & delivered according to their respective directions
Be it Enacted by the authority afores<J That The s a master of the s d Office shall from
time to time and at all times hereafter put up all Letters and Pacquets of Letters to be
sent to England, Scotland and Ireland or any part of Europe as afores<J in one maile or
bagg carefully sealed up by him or his sufficient Deputy by him to be appointed for that
purpose, and directed to the Post master General of England, and shall cause the s<> maile
to be sealed up as afores d to be carefully and with speed put on board some ship or Vessel
bound for England, and by y e master of such ship or Vessel to be delivered at the first
post Town in England such master shall arrive at, to the Deputy post master of such
Town by him to be forwarded, and all masters of ships, Vessels and other persons are
hereby prohibited making any Collection or receiving any Letters or Pacquets of Letters
directed for England, Scotland or Ireland or any other parts of Europe as afores d (other-
wise than as afores d ) under the penalty or forfeiture for every such offence, of the sum
of Forty pounds sterling to be sued for & recovered in such manner & paid to such per-
sons as the penaltys herein before inflicted for collecting Letters and setting up private
posts are directed to be sued for and paid.
And for the better managemj of the said Post Office, and that the people of this Province
may have their intercourse of Comerce & Trade the better maintained, and their Letters
& advices conveyed, carried & recarried with the greatest speed, security and convenience
that may be
Be it further Enacted That the s d master so nominated, appointed and constituted as
aforesd and his Deputies shall from time to time observe and follow such orders rules
direccSns & Instruccons for and concerning the settlemt of convenient Posts and stages
upon the several roads in this Province and the providing and keeping a sufficient number
of horses at the s' 1 several stages as well for the carrying and conveying of the s d Letters
& Pacquets as for the horseing of all through posts and persons riding in post by WarrJ
or otherwise as afores<J as the Post master General of England for the time being shall
from time to time in that behalfe make and ordaine
Provided alwayes and be it Enacted by the authority aforesd That no person or persons
w'soever shall have power to take use or seize any horse or horses for the service men-
tioned in this act without the consent of the Owner or Owners thereof, or Warrant under
the hand & seal of one Justice of the peace, and paying for the same at the rate of six
pence for each horse, each mile any usage or pretence, or any thing in this act contained
to the contrary thereof in any wise notwithstanding.
Provided also and be it Enacted by the authority afores d That all Inland Letters sent
by any Pacquet post established by this act as afores d do and shall pay the rates & prices
before mentioned at such stage where they are last delivered only, unless the party that
delivereth the Letters desires to pay elsewhere any thing in this act to the contrary not-
withstanding.
Provided also That the master of the General Letter Office to be appointed by virtue of
this act shall from time to time observe & keep the several rules, orders and directions
contained and specified in certain Letters Patents under the great seal of England bearing
date the 1711} day of February in the fourth year of the Reign of his present Ma'y and
the late Queen Mary of blessed memory, whereby Their said Matts did grant unto Thomas
Neale Esq 1 ' full power and authority to erect and establish within the chief ports of his
Ma'y Plantations in America, an office or Offices for the receiving and dispatching of Let-
ters for the term of one & twenty years, in all things Except only where this "act hath
otherwise directed —
Provided That this act or any thing therein contained shall not continue in force any
longer than years from and after the publication thereof, any thing therein con-
tained to the contrary thereof in any wise notwithstanding." — Mass. Archives, vol. 88,
p. 327.
On the seventh this bill was read a second time and committed. The committee, con-
sisting of Stoughton, Danforth, Winthrop, Cooke, Hathorne, Elisha Hutchinson, Russell,
Sewall, Lothrop, Thomas, Byfield and Secretary Addington, — Stoughton being chairman,
— were ordered to sit the same afternoon. On the eighth they were ordered to~sit again.
No record of further action on this lull has been discovered ; but the following memoran-
dum in the handwriting of Sewall remains on file with the bill, and is undoubtedly Sewalls
proposition for filling the blanks in the paragraph corresponding to the second section of
the act of 1693, and for making obligatory on the postmaster the provision in the last
clause of that paragraph for the delivery of the mail : —
" Post-Rode in Cofiecticut 6<«
From Boston to Salem 2<i
To all places beyond Salem on this side of Merrimack River 3<*
On y e other side Merrimack River to Portsmouth )
or New-Castle \ ' .... 4
A a The Post-master shall then be obliged to send them forth unto the respective houses
in Boston of the persons to whom they are directed, and shall have and receive one penny
more for each packet or Letter so sent home
All about furnishing Horses to be left out." —Ibid., p. 331.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 283
From 1699 until the present year no attempt at further legislation for encouragement
of the post office appears to have been made, and with the exception of payments on
account of freight, expressage, etc., for the public service* no payments were made to
the postmaster from the province treasury. This year, however, Duncan Campbell having
died, t John Campbell who succeeded him as postmaster presented to the Legislature the
petition mentioned in the preamble to this chapter, which ran as follows : —
" To His Excellency Joseph Dudley Esqy Capt Generall and Govj In Cheife In and over
her Majes Province, of the Massachussets [Bay J] In New-England &c And To The
Hono b 4£.Her Majes Council, And the Representatives of the Same Conveeried In Generall
Assembly, And now sitting In Boston the 26 th day of May Anno Domj : 1703.
The Humble Petition of John Campbell Post-Master of New-England &c Sheweth.
That Whereas The Post-Office, within This Province, euer since It's first setlement,
hes been found and still continues to be of great use and service, and almost of absolut
necessity To Her Majes Goverinent, and the Com[m+]erce of her Majes Subjects In this
and the Neighbouring Colonys, And Whereas The Act of this province that first setled
the Same, was but temporary, and expired In the year 1696. without euer having been
since revived, Whereby The Post office, is now rendered very precarious and uncertain,
And Labours under so many discouragments, that unless Speedily and effectually sup-
ported, secuired and Advanced, by An Act of this Great and Generall Court or Assembly,
It must necessarily faile and come to nothing, To the Great Hurt and Injurie of her Majes
Goverment [in J] this Country, And the great damage and Loss of Trade and Commerce
in these pairts, your Petitioner being utterlie discouraged, and Incapable of Continueing
the Same, as It is now Circumstanced.
Your Petitioner Therfor most Humbly Pray's
That your Excellency, And this Great and Generall Assembly, Will be pleased to Take
the premisses, Into your most mature, and wise consideration, As also the Memoriall which
your Petitioner do's herewithall most Humbly offer : And for the future so secuire and pro-
vide for the post office, As that it may attain the end, for which it was at first established,
And your Petitioner as in Duty bound shall euer pray, being allways
Your Excellencys And Honours.
Most Humble, obedient and faithfull Servant.
Jn<;- Campbkll." — Ibid., p. 341.
The memorial which accompanied the petition and a memorandum presented by the
petitioner the same session ran as follows : —
"The Memoriall of John Campbell master of the Post office of Boston and New Eng-
land, Relating To the Post office, Hnmbly offered to the great and General Court or Assem-
bly ; of her majes Province, of the Massathussets Bay, in New England Now sitting, at
Boston the 26* May 1703.
1. Imprimis That the Patent for the Post office, In the North pairt of the Contenient
of America, granted by their excellent majes, King William and Queen Mary in the fourth
year of their Reigne, unto Thomas Neal Esq 1 ' his exeo™ admini™and assignes, was for
Twenty one years, ffrom the 17* ffeb r y 1691. to the 17<£ fl'eb'y 1712.
2. That there was an act past In the Generall Court at Boston for settling A post office
by vertue of s li Patent In Anno 1693. Granting Priviledges as P said Act appears, w£h
was to be in force only Three Years viz' to anno 1696 since w cb time no act hes been
revived for want wherof, a great many Irregularities are Committed, and said Office Like
to Drop and come to nothing.
3. That Coll° Hamilton the Post master General In this Countrey deputed Thereto by
the Post master Generall of England & c . According to a Clause in the Patent being ap-
poynted and nominated by Thorny Neale Esq* to Erect & setle said post Office w^ accord-
ingly he did, and is out of Purse severall years agoe above £1400 ster 1 In setleing the same,
and to this Day is not yet able by the Incomes thereof to Defray the necessary charge in
maintaining the same.
4. That Coll° Hamilton who was at the Charge in setleing said office, could never be
reimbursed by said Thorns Neale Esq^and was necessitated to take a mortgage, of said
Patent or else have nothing, so that the priviledge of said Patent now devolves upon Coll°
Hamilton and his heires ex'eo™ &<;
* Upon Campbell's petition the following orders were passed in Council for paying his account
of charges and expenses in conveying of letters and expresses for his majesty's service out of the
post road and on days in which the post does not go; viz., April 22, 1697, five pounds, —Execu-
tive Records of the Council, vol. 2, p. 461. (Mass. Archives, vol. 122, p. 82) ; February 9, 1698,
£3 15*.,— Ibid '., wl. 3, p. 2 (Ar-chives, vol. 122, p. ISO) ; May 9, 1700, £13 Is., including, besides,
freight and storage of Bellomont's household goods from New York, — Ibid., p. 115 ; July 30,
1703, £20 bs., — Ibid.,p. 460 (Archives, vol. 122, p. 200).
f Administration was granted on the estate of Duncan Campbell to his widow, Susanna, July
29, 1702. The consanguinity of Duncan and John has not been discovered, though their business
relations and the fact that the latter was one of the commissioners upon the insolvent estate of the
former are grounds for supposing that possibly they were connected by blood. On the other hand
there were distinct differences in the arms engraved on their seals. Duncan Campbell is mentioned
by John Duntou, in his " Life and Errors," London : 1705, p. 128, as having won the affections of
" a young Lady of a Great Fortune ; " and in his " Letters from New England," published by the
Prince Society, Boston, 1867, the same author refers to the marriage of this " brisk young fellow."
This was in 1635. Mr. Whitmore, the accomplished editor of the latter publication, gives in a note
(p. 80), the names of five children of Campbell by this wife, Susanna Porter, granddaughter of
William Pitt of Marblehead. The first child was born May 27, 16S7, ana the last was born March
2, 1699-1700. There is nothing to show that Campbell was previously married. John Campbell
postmaster and, for the first eighteen years, publisher of the Boston News-Letter, which he estab-
lished, had by his wife, Mary, a daughter Sarah born in 1687, who became the wife of Jamei
Bowdoin and was buried December 24, 1713. (Sewall's Diary, vol. II., p. 413.) John Campbell
died March 4, 1728-9, aged seventy.five years. Therefore the surmise that he was a son of Duncan
is not probable, to say the least.
I Manuscript mutilated.
284 Province Laws {Resolves etc.). — 1703-4. [Chap. 30.]
5 That There is now Ten years elapsed since the first setlem*. of the Post Office, and
about a year and an halfe before the setlement, and about nyne and an halfe to run out
of the terme of the Patent, and since Coll Hamilton is so much money out of pocket
already, and the Incomes not yet sufficient to Defray the necessary charge in upholding
it, It will be but a just thing to revive the former Act and to Continue it to his heirs & 8
Dureing ye Terme of s d Patent, w* an additionall Amendment of said Act In severall
Clauses and paragraphs" thereof so much advantagious and Beneficiall to the Publick & c
dose at Leist save the publick £150 ¥ annum: that otherwayes must be pay'd for ex-
presses If there were no post.
6. That every body Carrying of Letters, to & from Townes where post Offices are setled,
is a very great hinderance and discouragment to said office ; often thereby Letters from
Conetticutt Colony are Carryed to Piscataqua, and put into the Office there some Weeks
& months after written and sent, and at Last come from Piscataqua to Boston so that the
Office is blamed for it, without a Cause, and on the Contrary Letters from Piscataqua come
in the Westarn made.*
7. That the Letters from Europe and West Indies and other places, that come in by
sea, the one halfe is not brought to the office, those ihat do come pays but two pence one
penny of w£h goes to the master, and those imployed to Receive them, and the other penny
is lost in Dead Letters (remaining in the severall post offices) of such persons that are
dead and gone, severall Letters ffoi England and West Indies that wee send away gratis
and severall Letters that persons will not take up & pay for.
8. That the fferrymen are very backward in carrying those imployed in the Post Office,
and do require money sometimes, yea often backward to Dispatch expresses when sent
by the Goverm*, and do judge it proper all imployed in the post office should be fferry free
both man & horse.
9. That in regaurd the Post master Generall as said is,t Is incapacitated to give such
sallarys to the severall post masters as is requisit, to Disscarge that trust as should be,
all persons concerned in said office, shall be free from watchings, trainings, or any other
publick service and either freed from Rates, or excise free, or some other benefit equal
to it.
10 That all masters of ships &° be oblidged under a penaltie to deliver their Letters at
the post Office, and to Call for all Letters on board his Vessell from passingers and sea-
men, wcj} passingers and seamen shall Incurr the Like penaltie for not delivering them to
the master and in caise said master do not deliver them himselfe at the said Office, but
sends them either by one of his servants, passingers, or any other Deputed by the post
master to Receive them, then said master shall seal them up in a Bags, alwayes wjj}; an
Alphabetticall List ffairlie drawn up, that no Letters may be Imbezelled as often they
are, and in caise the postmaster or Deputys is necessitated to go on board for s d Letters
then the master to have but one halfe of his allowance, the other halfe for the post master
and his Deputy or Deputys.
11. For want of such an act a great many Letters are miscarryed, and often Letters come
into the Office from one and the same ship some Two Daves after the first some three or
four dayes, some Two three f Weeks, & some two or three months, w ch I can prove to be
true.
12. That wheras there was usuallie allowed from this Goverm* the first three years of
the foresaid Act, A sallary for encouragment of said Office, and nothing hes been allowed
since, It is requisit with submission that said sallary may be now granted for the time
elapsed it hes not been allowed and payed, and for the future Continued.
13. And That in the 6'ji Paragraph of the former Act, after the Port of Boston be added,
and particular offices in other Towns of this Colony
14. That something might be done, to Cause people to pay for their Letters when sent
out.
15. That some Clause in the Act be made for further encouradgment, That all Townes
in this province under some penaltie where no post office is setled. be oblidged to Call for
their Letters at the next post Towne within some limitted time and pay the postmaster for
them."— Ibid., p. 337.
Memorandum " Bostou Julv 19 ' h ] 703
That The Present Charge To maintain The Post between piscataqua
and Philadelphia ffor postmasters, Ryders, and other Incidentall
Charges ¥ annum ammounts to about The Sume on". . . . £680,,..,,..
off which Charge The posting of N Englands pairt will amount
to ¥ annum about £453 ,,.6 ,,.8
N yorke and Philadelphia £.226,, 13 /; .4
£.680,,
which £453, .6,, .8<Ms £113: 6:8 ¥ Quarter
And is i> month £37 : 15 : 6
* The practice of sending by any convenient opportunity rather than by a special or stated post
was of long standing. Tbus Walley, in writing from Bristol to Governor Hinckley at Plymouth
May 8, 1690, declares that he sends by his "neighbor Throop to save the charge of a post"
(Mass. Hist. Soc. Coll.. vol. V., fourth series, p. 233) . There were unaccountable delays in trans-
porting the mails to and from Connecticut. In 1673 the letter from William Coddington of Rhode
Island to Governor John Winthrop at Hartford (to be forwarded " with speed ") in which the
former announces that " we . . . haue seteled a post from this Island to New London," was en-
dorsed by the latter as received on the twenty-second of August, although it is dated the sixth
(Ibid., vol. VII-, pp. 292-3). The journey between Newport and New York, partly by packet
against head winds, and partly on horseback through Long Island, was accomplished in five or
six days, which could have been done entirely by boat, with favorable winds, in less than two days.
(Seicall's Diary, vol. I., pp. 3 IS, 319)
t Sic.
[Notes.] Province Laws (Resolves etc.). — 1703-4. 285
Wherof Red Last month by Letters Inwards. . £.12 u 12 : 8
And to Receiue of the seuerall Inferiour posts
outwards sent £. 9„ .4:8
£21 17 .4
So ffalls short this month .... £15'' 18:' 2
£37: 15 ,,.6
which Sum is short V annum about £190: 0:
And as to fforraigne Letters which pay 2<* a £<* wherof goes to the Mr the other £<*
expended on those that brings the Letters ashoare & to the office, & the other penny Lost
In dead letters remaining in the seuerall offices, so that the 2<* ffor forraign letters amounts
in the end to nothing, onlie supplies the deficiency of dead letters,
which £37 : 15 : 6 1> Quarter is t> week £9:9:0
wherof red Inwards Last week
and to Receiue sent out last week
So falls short this week
£.2:
£.1:
11 :
11:
HI
£.4:
£.5:
.2
6:
. 10
2
£.9:9:0
And makes short l> annum about £275:0:0." —
Ibid., p. 342.
On the second of June the petition and memorial were referred by the Council to Elisha
Hutchinson and John Foster, who, on the next day, reported as follows,' the clause fixing
and apportioning compensation being omitted : — "
" Wee are humbly of opinion that an order be made by this Great & Gen 11 Assembly
that all Masters of ships & vessells arriveing here under the penalty of five pounds deliver
their letters to the Post Master or his deputy sealed up in a bag or bundle with an Alpha-
betical list fairly drawn up — for each letter to receive of said Post Master one half
penny —
That the now accustomed rates or prices be paid for Letters
That a sufhe be allowed to M r John Cambell for his encouragement to help support his
charge — he haveing hitherto taken care of Publick letters which otherwise must have had
expresses provided to forward y™ £20. for y* time past, and £.40. for y : year ensueing.
And that the said Cambell be freed from Impresses Trainings & watches dureing his
employment of Post Master Elisha Hutchinson
June 3 d 1703 John Fostee." — Ibid., p. 341.
This report the Council forthwith accepted, and after adding the clause in Italics as
above, sent the report to the representatives as an order for them to concur in. On the
twenty-sscond of July the House concurred with an amendment changing the amounts
Italicized, from twenty and forty pounds to ten and twenty pounds, respectively, to
which, on the same day, the Council agreed and the Governor consented.
On the fifth of August, 1703, an order for the payment of ten pounds was passed by
the Council* and on the eighteenth of July, 1704, the Board t issued a warrant on the
province treasurer for twenty pounds under this chapter, and the treasurer's accounts %
contain entries charging Campbell with those amounts.
Chap. 31. This chapter is from council records, vol. VII., p. 415. It has not been
found in the archives.
In his speech at the opening of the Assembly this year the Governor congratulated
the representatives that "neither the coast nor our open frontier to the continent have
been troubled with the enemy," which condition of peace he attributed to the small mili-
tary force sent by him to the eastern parts of the province in fulfilment of his intention as
expressed in the note to chapter rive of the resolves of the year 1702-3.
The good results expected of the treaty of June 3, 1701,$ and of the Governor's inter-
view with the Indian chiefs at Pemaquid in July, 1702, || were retarded by the conduct of
Captain Samuel Chadwell of the privateer sloop Flying Horse, who in March, 1703, at
Naskeag Point opposite Mount Desert, plundered the house of Paul Meunier, a French-
man, killing the owner and beating "one or more of the Indians " to whom he was allied
and who were under the protection of the province.
The Governor took prompt -measures to make all due reparation for this injury, forth-
with summoning Chadwell before him, depriving him of his commission, breaking his
sword, and committing him a close prisoner to the Castle, at the same time ordering the
plunder to be returned and directing the Indians to collect what evidence they could of
the injuries inflicted by the prisoner. Meanwhile he examined the crew of the Flying
Horse, and ordered them to return to the sloop "and to attend their duty on board," evi-
dently to have them in readiness as witnesses in further proceedings.
This conduct of the Governor and his promises of reparation being communicated to
the Indians at Penobscot by Messrs. Penhallow and Atkinson, who were dispatched for
that purpose by the Governor, elicited from them professions of entire satisfaction, inso-
much that Major March sent a dispatch to the Governor that the Indians were so well
pleased with the promised restitution to be made to them and to Meunier' s widow "that
they did not desire any person should be put to death for the killing of said Meunier,
but otherwise punished."
* Executive Records of the Council, vol. 3, p. 464.
t Ibid., vol. 4, p. 46.
% Mass. Archives, vol. 122, pp. 200, 234.
§ Note to resolves, 1702, chapter 66.
|| Ibid., chapter 54.
286 Province Laws {Resolves etc). — 1703-4. [Chap. 31.]
This dispatch the Governor laid before the Council on the first day of May.
The prospect of reconciliation continued for several weeks, as appears by "the following
passage in Dudley's speech* at the opening of the first session of the next Assembly : —
" I Expected when I last parted from you I should have given you an Account of an-
other Enterveiw I might have had with the sachems of the Eastern parts which I Judge
very Necessary but the Infraction made by our own people upon some of them in freind-
ship w'.'> us at Penobscot delayed mee untill I might have given them a very full assurance
that the mischeif done upon them was without my Knowledge which by the restitution
of their goods and the severe treatment of those 111 men I beleive by this time is done to
their satisfaction and has now given mee a propper time again to Demand their Attendance
upon mee which all my officers in those parts urge may be presently upon manv good
reason." — Mass. Archives, vol. 10S,p. 8.
The relations between the English and the French allies of the Indians, however, were
not wholly reassuring. Two weeks before the Governor uttered the foregoing speech he
bad been obliged, while informing the Council that the Indians of Pennecook had "re-
turned to their usual settlement there," and that he " hoped they would be kept in good
order," to communicate letters from Major March and Captain Southack, sent express
"from Casco Bay, adviseing that upon Munday the 10* currant, one Newman, Master
of a Sloop, and his company being four in the whole, as they were cutting of sparrs upon
Cousens Island in Casco Bay, were surprised by three Frenchmen & three Indians armed,
who killed one of the sd Newman's men, kept two more prisoners, and havein^ rifled the
sloop, sent the si Newman in her to Casco Bay. And that upon his arrival there with the
sd Intelligence, the sd Major March and Capt» Southack had sent to Moxis and the other
Indian Sachems to Inform them of what had hapned. And to know whither any of their
Indians were Actors in the sd Insult, and whither they countenanced the same, and also
made out a party of Men to go to the place and bring off the body of the dead Man." t
The Governor now felt that the situation on the eastern frontiers demanded his presence
at the earliest convenient opportunity. On the thirty -first, therefore, he announced to the
Assembly his intention "to go to the Eastward, To Morrow 6even Night [Tuesdav, June
eighth] to speak with the Indian Sachems & to endeavour to steady them in the English
Interests." + Accordingly, on the day appointed, he adjourned the General Court to the
thirtieth of June § in order to prevent any interference with the legislative duties of him-
self and of those who were to accompany him. On the ninth || he left Boston on his way
, to Casco Bay. On the thirtieth the conference with the Indians was concluded.
Although the Governor returned by the seventh of July II the proceedings at Casco Bay
seem not to have transpired until the ninth of August, when Sewall " at the Coffee House "
read the journal or report** thereof, and made the abstract printed below.
* May 27, 1703.
f May 14, 1703. Executive Records of the Council, vol. 3, p. 437.
j Council Records, vol. VII , p. 390.
j It was continued by three subsequent adjournments to Thursday, the eighth of July ; for, the
Lieutenant-Governor having returned by the thirtieth, sent a message to the House on the second
of July, and no business being offered by the latter he adjourned the Assembly first to the fifth
and then to the eighth.
|| As by vote of the Council of New Hampshire Captain Thomas Smith, commander of the Gos-
port, received " forty pieces of Eight, from the Treasurer of this Province, on board, on their
voyage to Casco Bay " {Provincial Papers of 2\ew Hampshire, vol. II., p. 400), it is probable that
the vessel sailed from Portsmouth, and the following entry in Sewall's Diary rather confirms the
supposition that the Governor embarked there: —
"June 9, 1703. Govl and L« Gov; set out for Ipswich in order to goe and meet the Indian
sachems." — Vol. II., p. 80.
IT "July, 7 tb 1703. Mr. Secretary, Major Walley, Major Brenton and I went by Charlestown to
the hether edge of Maldon, aud so met the Gov in his Return homeward from Casco-Bay." —
Ibid., p. 81.
** This report he borrowed on the twelfth and made from it the following abstract: —
"Casco-Bat, June 30, 1703.
The Queen of England in six months time of War with French King and Spanish King, has
Taken more Towns and done more Exploits, than the great and valiant King William did in
Twelve years. And besides all this which she hath don by Land, her Fleet by Sea hath taken 40.
Sails; Taken much Money, the Royal Crown sent the Spanish King from N. Spain. Notwithstand-
ing all this I offer peace. Twas once very dark here about 20 or 30 years ago ; was great Troubles,
and also great Troubles among our selves. New Hundred now, new Century, and would have the
Old Hundred to be forgotten, and never talk'd of any more; New Hundred, new Queen, new Gov-
ernour now will be all in new friendship. When any French March through the Country, Stop
them or give notice to the Fort: For it is easy if there be but Ten Indians in some parts of the
Country to fetch away whole familyes, and they not able to defend them selves. I have very par-
ticular Intelligence from Kebeck and Port Royal, they have two partys out at this time, would
have you keep back those partyes according to the Treaty of peace made two years agoe. I do it
not to boast of my self, but I Trust in God. I have Twelve Hundred and fifty men impress'd in
N. England, ready to march at Six hours warning : they are enough to disturb all the Indians in
the Country. Indians are able like Wolves to disturb men, but not to do them any damage; they
are not able to hurt us in the least, and I value them not, no more than the paring of my nails.
And the great Queen of England has order'd me 17. sail of Men of War all superior to the Gos-
port; which I may improve to do any thing upon the French or any of our Enemies. And I am
confident that time will come that nothing, nor no one will remain but English here and Indians.
For the Indians part they may remain a hapy people if they will themselves. — I have the Assist-
ance of the Noble Gov r of N. York, who is a Kinsman of the great Queen of England. — I ac-
knowledge have kept their promise in not passing Saco River. — If arrest and stop French partys
will give them a good Reward for it. And methinks I see among you some that I know that are fit
to be made Officers to bear Comission for the Queen of England, to bear Rule among you, who
shall be my Officers, aud shall be Rewarded from time to time, as my other officers at Boston, or
any where else are; every month they shall be paid off as our own people: — have nothing more
in the world to say but to persuade them that I am an honest man and their Brother: — our boys
and youth will go and do beyond their prudence or strength; but these old men these Sachems
here present, they aud I are old men and should be discreet and wise, so as that when we dye we
[Notes.] Province Laws {Resolves etc.). — 1703-4. 287
This abstract is the only record of the treaty now known to exist.
There is a discrepancy as to the date of this treaty in the accounts of Niles and Pen-
hallow, on the one hand, and Sewall, on the other. The former, which have been uni-
formly followed by late writers, make it the twentieth, while the latter, as shown above,
dates his abstract of the treaty the thirtieth, of June. These conflicting statements may
be reconciled by supposing that the conference was called for the twentieth and actually
held on the thirtieth. That the treaty could not have been concluded at the former date
is clear from the following entry in the council records : —
"June 30, 1703. His Honour the Lieutenant Governour received an Express from his
Excellency dated at Casco Bay the 27 th of June Currant, Intimating that he is necessarily
detained there, The Indians not coming in so soon as he expected, And that he wanted
the Assistance of the Gentlemen of the Council & the Speaker of the Representatives &
could not dismiss them at present, Directing his Honour to send for the Representatives,
And to intimate to them to proceed to the Adjustment & Settlement of the Apportioning
of the Tax granted at the Session of the General Assembly held at Cambridge in October
last, And that he hoped to see thein in ten Days." — Vol. VII. , p. 401.
The councillors who accompanied the Governor on this "journey and voyage "were
Elisha Hutchinson, John Phillips, and James Converse. With them were other gentle-
men from Massachusetts and New Hampshire.
As early as the thirty-first cf May, when the Governor first proposed his visit to Penob-
scot, he announced to the Council his intention to appoint Belcher commissary -general,*
and on the eighth of June, when he was about to prorogue the Assembly to begin his
journey, he read to the Council and signed his commission for that office, whereupon the
Council passed the following order : — •
" June 8, 1703. Advised and Consented. That a Warrant be made out' to Mr Treasurer
to advance and pay upon accompt unto Andrew Belcher Esq r £ Commissary General the
sum of Five hundred pounds to be imployed for the procureing and purchaseing of Pro-
visions and stores for the supply of her Maj'. v ' 3 Forts, Garrisons, Souldiers and Ships of
War improved and to be improved in her Maj'. v ' 3 service for the defence of this Province."
— Executive Records of the Council, vol. 3, p. 450.
might be carried to our Graves with honor. Let them consider two hours and give me their Answer
— (iave them a good Ox and 20 — bushels corn for diner: They return'd Thanks for their noble
diner and all other Kindnesses offer'd to them. Then, said his Excellency here is a Peace, and
Satisfaction to the two Nations.
Indians Answer.
First breach was at Penobscut, which was the first thing in the morning. The 2 d was the French-
men and Indians, they broke the peace in doing that mischief at Casco : but we do affirm that we
did not know of their coming, but of their going back we knew of it: but we calling to remem-
brance what was don at Penobscut before, and so we thought fit not to meddle of neither side.
Two Bevers.
Again they say that what his Excellency was pleased to tell them, was not the same as their
French was, i.e. to make war as the French would have them. His Excellency's desire is that we
should be peaceably on both sides, for which we return him many a hearty Thanks and tell him
we resolve to doe it.
Two Bevers.
His Excellency was pleas'd to desire them in the next place that if any of the English should be
Taken by the French and carried over their Ground or through their Country, that we should
bring thi-rn back again, and not suffer them to be carried through as Captives; but that we should
do well to bring them back again. But if we should do so, such a thing as that would make ue
seem guilty, and so thereby we might be thought to be concern'd, when we are not.
Two Bevers.
There is about the Mohawks a great many ready to fight, not certain of the number, but hope
to know in a day or two, for have sent scouts to Albany.
Two Bevers.
Again they wonder that his Excellency would be pleas'd to tell them, or desire any of them to
come upon wages upon any account. For they desire it not. But their desire is to be as Neuters;
not to medle nor make, nor to stir or act in any thing one way or other.
Three Bevers.
Now they desire to come and pay their Respects to the Gov r , since have said all they have to
say. '
Gov r will have them stay and hear his Answer a little — Action at Penabscot and Casco much
alike: But Gov N. E. hated the Action as to the Frenchmans death : Gov French nourished and
imbraced the Casco breach ; sent them to do the thing. If resolve to sit still and be quit-t, I shall
remain perfectly satisfied in all things and desire to remain as an entire and dear Brother unto
them.
May stop the French from Marching through their Country and yet remain Neuters still; they
mistake if think otherwise: Be call'd Captains and Officers; why this is pure honor meant to
them not that ihey should be expos'd to march or fight, but to be as my Brother, as I am to them.
And if I would honor them so far as to make them Captains and to send them a present now and
then, why it is honor: not that I desire they should be expos'd to fight upon any occasion. Tell
Moxes I am willing to honor Moxes' son that was with me, with the place of a Captain here: not
that I expect him to be expos'd to fight; no not so much as to fire a pi' ce : but that we may live
as Brothers and that I may send him a piece of Cloth once a year. — Penecook Indians not return
till after Harvest.
Then the Gov' and Sachems repaired to the heaps of stones, and put up each man a stone
again." —Diary, vol. II., pp. 85-87. [For an account of the beginning of these stone-heaps see
the note to resolves, 1702, chapter 66.]
* " His Excellency Intimated to the Council, That it being necessary a Commissary General
should be appointed for the Supply of the Garrisons & Forces ["Forts," according to the State
Library series] &c employed in this Time of War.He should Commissionate Andrew Belcher Esq;
for that Place." — Council Records, vol. VII., p. 391.
288 Province Laws {Resolves etc.). — 1703-4. [Chaps. 33-36.]
For some time before this appointment Belcher had supplied her majesty's garrisons
and vessels of war with provisions ; thus, April 16, 1703, his accounts for that service were
committed to John Walley and Penn Townsend " to examine and report the same,"* and
on the first of May the following entry appears in the executive records of the council : —
" May 1, 1703. Several Accompts of Andrew Belcher Esq r « for Provisions &c» supplyed
for the Sloop Sea Flower and the Ship Greyhound, both taken up in her Maj'- V ' 3 service.
For provisions to subsist the souldiers posted in her Maj'y'" service at Wells, for storage
of Powder and other disbursements for the Province, amounting in the whole to the sum
of Two hundred sixty four pounds, five shillings and four pence (including thirty six
shillings and Ten pence payable to Josiah Parker of Cambridge) audited and Reported
by John Walley and Penn Townsend Esq;? were approved and allowed — And
Advised and Consented That a Warrant be made out to Mj; Treasurer to pay the above
mentioned sum of Two hundred sixty four pounds five shillings and four pence to the
gd Andrew Belcher Esq™ accordingly." — Ibid., p. 435.
The office of commissary-general seems not to have been regarded by the General Court
as purely military, for in September following Belcher's appointment a message sent from
the Council to the House proposing " an establishment for a commissary-general and two
sub-commissaries for the forces" resulted in the choice of Belcher by the joint vote of
the Council and House. Although this vote is recorded as of the eighth, Belcher's ac-
counts as commissary were allowed on the sixth ; but it is noticeable that in this chapter
the mention of his office seems intentionally omitted.
The order in Council f for the payment of this allowance was passed August 5, 1703,
and by the province treasurer's account J the order appears to have been duly complied
with.
The commissary's account did not embrace all the expenses incurred on this occasion,
as appears by the following entries in the executive records of the council : —
"July 9, 1703. An Accompt of Expences in his Excell ev ' s Journey to Casco Bay in
June last with attendants and Guard, amounting to the sum of seventy one pounds, three
shills? and two pence, was presented, read & allowed — and.
Advised and Consented. That a Warrant be made out to Mr Treasurer for payment of
the said sum of seventy one pounds three shillings and two pence, unto Capt^ Benj*
Alford for defreying of the several articles of Expence therein mentioned.
Advised and Consented. That a Warrant be made out to Ml Treasurer to pay the sum
of nine pounds, eleven shillings and eight pence unto John Honywell for Eleven hundred
and fifty pound of Fresh Beef had of him, and expended at the time of his Excellence's
late conference with the Sachems & Indians at Casco Bay." — Ibid., p. 451.
Chap. 33. This chapter is from council records, vol. VII., p. 418. It has not been
found in the archives.
Taylor was " anew chosen " treasurer of the province on the eighth of June, 1703. §
The order in Council || for the payment of this allowance was passed August 5, 1703,
and in his official account H he charges himself with this amount.
Chap. 34. This chapter is from archives, vol. 101, p. 245. It is preserved in council
records, vol. VII., p. 418.
The particulars of this journey and voyage are given in the note to' chapter 31, supra.
The order in Council || for the payment of this allowance was passed August 5, 1703,
and by the province treasurer's account ** it appears to have been duly paid.
Chap. 35. This chapter is from council records, vol. VII., p. 419. It has not been
found in the archives.
See note to chapter 12, ante.
Chap. 36. This chapter is from archives, vol. 62, p. 442. It is recorded in council
records, vol. VII., p. 419.
The resolve which constitutes this chapter was based upon the following letter, ad-
dressed "To Thedlonbi Major Converse Speaker To the House of Representatives : " —
gr/ " July 12$ 1703/.
Severall Gentlemen Attending his Excellency to the Eastward, Occation'd an Extraord'y
exspence of fire Candles. Beer &c. w<* I hope will be Consider'd by the Honb 1 Assembly,
haveing noe allowance on the Close on my Ace'* for any Such. Extra ? Charge; therfore
hope it will be taken into jox Consideration w* shall be humble Acknowlidge by
Sf Your most humbf & Obedient SJ
¥•> Stanton." — Mass.
Archives, vol. 62, p. 442.
This letter was read in the House on the fourteenth of July, where, on the twenty-third,
the resolve was passed in the form in which it appears in this chapter. On the next day
it was read and agreed to in the Council and consented to by the Governor.
For the particulars of the Governor's voyage in the Gosport see note to chapter 31, ante.
* Executive Records of the Council, vol. 3, p. 429.
t Ibid., p. 464.
J Mass. Archives, vol. 122, p. 186.
§ Council Records, vol. VII., p. 398.
jj Executive Records of the Council, vol. 3, p. 463.
.. IT Mass. Archives, vol. 122, p. 191.
** Ibid., p. 193.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 289
A similar allowance * was made to John Watson, purser of the same vessel when she
conveyed the Governor and company to Pemaquid the previous year.
The order in Council f for the payment of this allowance was passed August 5, 1703,
and the province treasurer's account % shows that it was duly paid.
Chap. 37. This chapter is from council records, vol. Til., p. 419. It has not been
found in the archives.
The order in Council t for the payment of this allowance was passed August 5, 1703,
and the province treasurer's account § shows that it was duly paid.
Chap. 38. This chapter is from council records, vol. VII., p. 420. It has not been
found in the archives.
In July, 1704, Samuel Tyley was the keeper of the Green Dragon Tavern on what is
now Union Street in Boston.
The committee for whose entertainment the allowance granted by the resolve upon
which this chapter was based was the committee appointed by resolves, 1702, chapter 29,
and whose authority was continued by chapter 70 of the same year. See the note to the
former chapter.
The order in Council f for the payment of this allowance was passed August 5, 1703,
and by the province treasurer's account || it appears to have been duly paid.
Chap. 39. This chapter is from council records, vol. VII., p. 420. It has not been
found iu the archives.
In the archives is preserved a certificate relating to the bills of credit mentioned in this
chapter, as follows : —
" Boston March 26*]} 1703
This may Certifie whome it may Concern That of the late Bills of Cred" many of them
were counterfeited of v e small Bills Viz" 2/. made 10/ & 2/6 made 20/ but it is discovered
the counterfeit by y« date ; the 20/ being* of y« 10* Decern! 1690. & y e 3« 0. — 5« .0. 0. 2/.
& 2/6. are dated the third of Februry 1690. And I am sattisned that a 20/ Bill shewed
me by Edw<J Bromfield Esq. r cannot be a Counterfiet because the date being the 10* of
Decern' 1690 being v e same date all y" 20/ Bills did bare, v e smaller sort being of another
date Viztt f y« 3d of Februry 1690
As Attest Jer. Allen CI' to y e Treasuj." — Mass.
Archives, vol. 101, p. 240.
Chap. 40. This chapter is from archives, vol. 70, p. 640. It is recorded in council
records, vol. VII., p. 421.
The resolve which constitutes this chapter is based upon two memorials by Colonel
Romer, one of which, dated July 22, 1703, has not been found in the archives ; but the
statement which accompanied it is as follows : —
"An Acco' of what it may Cost, to finish all y e Works on Castle Island, excepting y e
Long room & Demi-Bastion towards y e South point of s d Island.
Imp"- to finish all y e remaining platforms, & Carriages, every where, both in
y e upper & lower Fortification 100. ,, —
2. to finish y e South Curtain, make y e buildings on each side of y 9
Armoury for y e Commander & y e Armourer, y e Kitchin, & to put
a new pump in y e Well &c 183. u —
3. to make y e Vaults in two more of y e Bastions y e one for a prison, &
y e other for stores, abo r 70. „ —
4. to make y e Guardhouse at y e SE flanker, abo' 50. „ —
5. to do y e remaining Earth & Sod work, with palisadoes may Cost
about ". 80. „ —
6. to cover y e 4 Gentry boxes w th lead, at least 20. (/ —
7. for provision, & incident charges abo' 50. „ —
Boston July yf 22, /1703 Woleoano Wm Romer." - Mass. ^ " "
Archives, vol. 10, p. 639.
The following is the second memorial : —
" To y e HonWe
Mf Speaker & Gent" of the House of Representatives —
Yon were pleased to direct me to give you in a second Memoriall of all y e particulars
that are to be don upon Castle Island for finishing y e fortifications there, more than what
I set forth in my last Memoriall of the 22th instant.
In Obedience whereunto, I am of Opinion that ye Long room for lodging y e major part
of y e Garrison, y e Demibastion, y e securing of y e lower Well w ch is of very great neces-
sity & importance, y e little houses, y e covering y e port holes below & above, y e covering &
securing y e powtherhouses against y e sea side, y e staircase at y e North West gate of y e
Lower Battery, & those on y e platforms &c will cost about four hundred & fifty pound
more with good management to finish y e same. And accordingly I will still stand to my
Word, that all y e particulars in this my present & former Memoriall, shall be faithfully
finished according to my best skill & judgment with said mony if not with less, & that I
* Resolves, 1702, chapter 55, and note.
t Executive Records of the Council, vol. 3, p. 464.
% Mass. Archives, vol. 122, p. 198.
§ Ibid., p. 192.
|| Ibid., p. 202.
290 Province Laws {Resolves etc.). — 1703-4. [Chap. 40.]
shall never desire any more mony to be raised on that acco* for y e future, provided I may
be maintained in y e discharge of my Office in peace & quietness, & not ly any longer under
such unjust persecutions & obstructions, as I have hitherto don, & that this Hon ble house
will be pleased to address his Excellcy, that effectuall care may be taken that all such
"Workmen & Labourers as shall be imployed in said Work, may not play their fowl play,
as many of them have all along don, & still do. under which miserable circumstances, I
am quite wearied out of my life with sorrow & chagrin, & am not able (my strength &
soul being almost gon) to slave it in that manner I have for these 3 summers running, &
more especially y s last but I shall (if it please God) be at y e Castle 2 or 3 times a week,
may oue of y e Castle boates attend me for that purpose. Upon w cl > head & other considera-
tions I find my self obliged to make my humble address to his Exc c y w° knows in a great
measure my unhappy circumstances, & that I am in no capacity to undergoe those toil-
some fatigues w ch have hitherto ben my portion. I should otherwise readily continue my
service with y e same Zeal & fidelity for her Maj tv & this province, as I have don hitherto,
with which protestations I take leave & subscribe my self
Gent n Yo r most faithfull & obed* serv'
Boston 27: July 1703— Wolfgang W Romer." — Ibid., p. 637.
The statement appears to have been read in the House on the twenty-sixth, and the
second memorial on the twenty-seventh, of July, when the resolve was framed and passed
and sent to the Council for concurrence. On the same day it was concurred in by the
Council and consented to by the Governor.
The circumstances which led to the retirement of Captain Timothy Clarke, one of the
committee to manage the expenditure of money appropriated for the works on Castle
Island, have been shown in the note to resolves, 1702, chapter 34, and in chapter 15 of the
resolves of the year 1702-3 and note. Upon the passage of the present chapter Thomas
Brattle asked to be relieved from further service upon the same committee unless he could
be permitted to exercise, in conjunction with his former associate, the authority with which
they had been originally invested. Brattle's petition is as follows : —
" To his ExcellT Joseph Dudley Esq? Captain Generall & Govern r in Chief in & over
her Maj ts province of the Massachusets Bay in New England, y e HonWe her Maj ls Council
& Representatives in Gen 11 Court assembled at Boston.
The petition of Thomas Brattle of s d Boston Esq?
Most humbly sheweth.
That whereas Colonel Romer her Maj ts Engineer through his restless & ambitious
humour not being satisfied with getting Capt ne Timothy Clarke & yo r petition r put out
of one part of y e Commission granted & confirmed to them by severall Gen 11 Courts of
this province, namely, to give Order & Direction for y e Reparation or new making of
Fortifications on Castle Island, haa now by his false & foolish Insinuations, as if y e s d
Clarke & yo r petitf were not so good husbands for y e publick as they should be, & knew
not how to manage that affair so well as himself, Obtained an Order of this Honble Court
for his Directing & managing y e laying out of y e mony now granted for finishing ye
Works on said Island, w ch was y e other part of their Commission, by both which actions
of his, yo r petition' dos humbly conceive y e s d Col" Romer has very much Obstructed
her Maj ts service in y e finishing s (1 Works —
Your petition 1 ' therefore having ben thus shamefully abused & Disparaged by means of
s a Colonel Romer, notwithstanding his utmost endeavours at all times to please & oblige
him, & not being able any longer to keep in so good terms with him as is necessary for
y e publick service, Dos humbly pray this Hon ble assembly will be pleased to Discharge yo r
petitions & comply with him in his deliberate & fix'd resolutions of being no further Con-
cerned in any wise w th y e s (l Colonel Romer about s d Fortifications, unless yo 1 ' petition'
maybe fully restored w th Capt ne Clark to their first Commission, & thereby protected from
y e unjust usurpations of him y e s fl Colonel Romer.
And yo 1 ' petition 1 ' shall ever pray &c
Boston 29 th July. 1703 Tho. Brattle." — Ibid., p. 644.
This petition was read, first in the House and then in the Council, on the thirtieth, with-
out further action until the fifth of August, when the following order and vote of advice
were passed : —
" Aug. 5, 1703. Whereas Thomas Brattle Esqre being further impowred to lay out the
money granted by the General Assembly at their last Session for finishing the Fortifica-
tions on Castle Island, as Col? Romer Her Majty'a Engineer should direct, has declined
further intermedling in that affair.
Ordered. That Colo Romer have the care of laying out the s d money — and.
Advised and Consented. That a Warrant be made out to M£ Treasurer to pay him one
hundred pounds of the sum last granted by the General Assembly. He to be accomptable
to the Board for his disposal thereof accordingly." — Executive Records of the Council,
vol. 3, p. 460.
On the thirteenth of August a warrant on the province treasurer for the payment of
two hundred pounds to Brattle, out of the seven hundred pounds granted by this chapter,
was ordered by the Council,* for discharging debts contracted during his term of service ;
and a warrant for one hundred pounds more for the same purpose was ordered on the
twenty-first of October.f In like manner, besides the warrant for one hundred pounds
ordered to Romer in the above vote- of the Council, an order was passed on the twenty-
eighth of October J for paying one hundred and fifty pounds, on Romer's account, to
Zechariah Tuthill, captain of the Castle; another, on the twenty-third of December,} for
one hundred pounds to Romer, and still another, January 31, 1703-4, || to him for fifty
* Executive Records of the Council, vol. 3, p. 470.
f Ibid., p. 486.
j Ibid., p. 490.
§ Ibid., p. 505.
|J Ibid., vol. 4, p. 17.
[Notes.] Province Laws (Resolves etc.}. — 1703-4. 291
pounds ; thus completing the sum allowed by this chapter. All these warrants are charged
in the province treasurer's account* in one item as having been paid.
Chap. 41. This chapter is from archives, vol. 70, p. 643. It is recorded in council
records, vol. VII., p. 422. See note to chapter 31, ante.
Chap. 42. This chapter is from archives, vol. 62, p. 443. It is recorded in council
records, vol. VII., p. 423.
The order which constitutes this chapter originated in the Council on the twenty-eighth
of July. It was read in the House on the same day, and concurred in and consented to
by the Governor on the twenty-ninth.
Chap. 43. This chapter is from archives, vol. 40, p. 775. It is recorded in council
records, vol. VII., p. 424.
By chapter 16, ante, appeals to the Superior Court from the Inferior Court of Common
Pleas in Hampshire in the years 1701 and 1702 were revived, to be entered at the regular
term in August, this year ; but by the present chapter the beginning of that term was
postponed to the first Monday in September, on which day an actf was passed discon-
tinuing the terms of the Superior Court in Hampshire "for and during the continuance
of the present danger and troubles with the Indians," and providing for all pending and
future appeals from the Courts of Common Pleas and from the Courts of Sessions. In
accordance with this chapter therefore, the Superior Court did not sit in Hampshire
this year, and no record exists of a session there before August 18, 1698, nor after that
date until August 30, 1716.
Chap. 44. This chapter is from council records, vol. VII., p. 425, and archives, vol.
70, p. 642.
The following is the petition referred to in the preamble to this chapter : —
" To his Excellency the Governour, The Honorable the Council and Assembly now sit-
ting in Boston
The humble Petition of John Partridge of Piscataqua
Humbly sheweth.
That your Petitioner was appointed and Comissioned field Marshal for the year 1692.
by Sr William Phips and faithfully served that post near two years. —
Du'reing which time he provided and expended by Order of the several Commanders
of these forces The Hon b| e Col° Hutchinson Esqr Major Pike & Major Converse and
others the Sum of Ninety eight pound, eighteen shillings and one penny, for the cure
of Wounded men and their subsistence, and hath duly paid it every penny, and has
never yet received one penny wages nor payment of the said Debt, and is from a plenti-
ful Estate now reduced to poverty,
The Commission and Orders from time to time [and] the approbation of the Officers
accompts are annexed.
The Petitioner humbly prays the Justice and favour of this Court, that he may have
the just paymt of his Wages for the s 1 } Office, and for his disbursement aforesaid to sup-
port him iii his age and poverty, and lie shall ever pray. —
John Partridge." — Mass.
Archives, vol. TO, p. 641.
This petition was read first in the Council on the twenty-seventh of July and sent to
the House, where it was read the same day and committed. On the thirtieth the order
which constitutes this chapter was passed by the House with the following preamble : —
"This House having by a Committee carefully Examined the Petition and Acc*5 of
John Partridge and Considered, what Part of the charge ought to be Defrayed by this
Province, and what Part by the Province of New Hampshire, and being Desirous that
the Petitioner may have his Right, etc. — Ibid., p. 642.
Unfortunately, Partridge's commission, probably unique in its kind, and the orders and
certificates which were annexed to his petition have not been found in the archives nor
discovered in any private collection ; but it appears from an entry in the executive records
of the council, x under date of September 25, 1704, that a certificate from the treasurer of
the province of New Hampshire of the payment of the £48 18s. was produced at the
Board, and that thereupon it was advised that a warrant be made out for the payment of
thirty 'pounds, — another warrant for twenty pounds having been issued August 5, 1703. §
The province treasurer's accounts || show that on both of these warrants Partridge was
paid according to order.
Chap. 45. This chapter is from council records, vol. VII., p. 425, and archives, vol.
70, p. 632.
The following is the petition mentioned in the preamble to this chapter : —
" To His Exelency Joseph Dudly Es-t Ca-P jenerall Gouernor ami Commander in Cheef
in and ouer Har Magistis prouince of the Masetusits Bay in Nuingland and Honered
Councle and Representetiues in jenerall Court assembled The petision of John Booll
humbly shueth y< in the yere 1675 your humble petisionor was impresed in to His Mag-
istis seruis and marched to Naregansit fort fight under y e Command of Cap Johnson who
was there slaine in Battel my self sorely wounded by A bulet being shot into my back
aftor I was wounded I was caried som twenty mils in a uery could Night laid in A could
* Mass. Archives, vol. 122, p. 186.
t Province Laws, 1703-4, chapter 8.
t Vol. 4, p. 79.
§ Ibid., vol. 3, p. 464.
II Mass. Archives, vol. 122, pp. 203, 234.
292 Province Laws (Besolves ete.). — 1703-4. [Chap. 4(3.]
chamber a wooden pillo my eouering was y e snow the wind droue on me a sad time to
war in to be wounded the in A letele time I was moued to Rodisland from thence hom
to Hingham whare I ramained two yers and upward helples my diit and tendence cost
the cuntery not one peny after I came home bad I not bin heped by my Naigbbors and
frinds I had perished before this day but in time through gods goodnes to me I atained
to so much strenght that I came to do some small labor thow with much paine by reson
the bullit is in my body to this day but now age coming on and natorall forse begins to
abate my former pains do increas upon euery letel could or chang of wether by reson of
my wound I lost my arms and so many clothes as at lest was worth rower pound yet not
withstanding all this your humble petisinor neuer reciued one peny neither for his wegis
los of time diit nor smart and paine which I indurid abundace which is a greef to me
and a great discorregment to others for seruing in the lik seruis when thay se and here
my misfortin it may be said whi was this let alone so long I humbly answare I was pore
and helples not haueing mony which is one sine of busines the pore man was forgat to
this day I do humbly creaue youer Exelecy and honnors would take your pore petisionors
case [in*] to your concideretion and do as in your wisdom .you shall think meet to help
a pore wound soulder to his jurnis ind I hope the God of Heauen will blees you with
sperituall and temperall blesings and I shall as bound in duty euer pray. —
John Booll." — Mass.
Archives, vol. 70, p. 631.
With this petition the following certificates were filed : —
"Hingham July 10'" 1703
Whereas John Bull of Hingham hath preferd a petion to the Honrli Genarall Court
Now siting in Boston : refering to his wages due to him for his seruis in y e former warr
with y° Endins at Naragancest: and that theire might be some Alowance to him for his
Loss of time by reason of his wounds rec 1 in y e narragancet fight And the s d John Bull
understanding that theire is A couldness of efection towerds him by ra'son the matter is
of so long standing hath therefore desired us whose names are hereunto subcribed to si:?-
nifie to y e said Court somthing that may be satisfactiory that they may comisrate his con-
dition which is pore and Low "wee the subcribers bailing bin acquainted with y e s' 1 John
Bull about thirty years or upward bane at all times found him in his actions and conuer-
sation to be a man of truth And do allso know that he hath bin from time to time and
still is unfitt for any hard Labour by rason of his wounds rec J in y e warr and do allso
beliue that be hath not as yet rec d any wages for his serus in y e warr
David Hobart Thomas Andreavs Thomas Thaxter
James Hawk.es :/ Sami-l Thaxter Samuel Lincon." — Ibid., p. 633.
"These may Certify to whome it may Concern that John Bull of hingham was very
Dangerously wounded in his Back, & Continued Lame near about y e Tarm of two years
& hath ben Impard Ever since for his labour or Business which wound was recevd in y°
naraganseth fight in y e year 1675 — I never heard that s>} Bull hath recevd eeny Satisfac-
tion for his smart & loss of time
as witness P r me John Cutler." — Ibid., p. 634.
This petition was read in the House on the second of July and referred to a committee,
upon whose report the resolve which constitutes this chapter was passed on the thirtieth
and sent to the Council for concurrence, where it was concurred in and consented to by
the Governor.
The order in Council t for the payment of the allowance for this year was passed August
5, 1703, and by the province treasurer's accounts J it appears not only that this amount was
duly paid, but that annually thereafter, up to July 30, 1719, Bull was paid his pension of
two pounds. According to Savage he died December 1, 1720.
Chap. 46. This chapter is from archives, vol. 48, p. 359. It is recorded in council
records, vol. VII., p. 425.
The earliest movement that has been discovered looking to the establishment of a stated
salary for the governor of this province is the following petition by Sir William Phips, on
file in the Public Record Office : —
" To the King's most Excellent Majestie
The humble Peticon of S. r William Phips Kn* Governour of Your Majesties Province
of the Massachusetts Bay iii New England.
Most humbly sheweth,
That the Generall Assembly of your Majesties Province of the Massachusetts Bay in
New England have made noe provision for defraying the necessary expjence of Your Maj-
esties Governour of the said Province And notwithstanding they have had it under con-
sideration a sallary is not yett appoynted for that end But your Majesties Peticoner most
humbly conceives it will bee appoynted as soon as Your Majesties Royall Will and Pleas-
ure concerning it is signifyed unto them.
Hee therefore most humbly prayes. That Your Majestie will bee graciously pleased to
nominate such a Sallary as Your Majestie shall in your Royall wisdome judge sufficient
for the support of Your Majesties Governour of the said Province And that Your Majesties
Comands concerning the same may bee signifyed unto the Generall Assembly of Your
Majesties Province afforesaid That they may yeild obedience thereunto.
And Your Majesties humble Peticoner as in duty bound shall ever pray for Your Maj-
esties long and Happy Reigne &« William Phips." — " New Eng-
land, Board of Trade," vol. 1, C. 26.
Though the petition is without date, and no memox-andum has been discovered showing
when if was presented to the Privy Council or to the Lords of Trade, it must have been
* Manuscript mutilated.
t Executive Records of the Council, vol. 3, p. 464.
j Mass. Archives, vol. 122, p. 192, et seq.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 293
before the passage of the first act* ordering a sum to be paid "the Governor, for his ser-
vice and expence since his arrival," if the allegation is true that the Assembly at the date
of his petition had " made no provision for defraying " his " necessary expense," etc.
No trace has been discovered of action upon this petition, nor any further move in the
same direction until Dudley became governor. Among the articles of the royal instruc-
tions bearing date March 5, 1701-2, which the latter brought with him, was the following,
numbered sixteen, which had been procured undoubtedly by his solicitation or with his
connivance : —
"Whereas it is necessary that due provision be made for the support of the Governing
of our said Province by setting apart sufficient allowances to you our Captain General
and Governor in Chief and to our Lieut. Governor or Commander in chief for the time
being residing within the same And whereas our said Province of the Massachusets Bay
has not hitherto taken any manner of care in that matter, tho' the like provision be gen-
erally made in our other plantations in America, which are under our immediate Govern-
ment notwithstanding that divers of them are much less able to do it, You are therefore
to propose to the General Assembly of our said Province and accordingly to use your
utmost endeavours with them, that an Act be passed for setling and establishing fixed
Salaries upon yourself and others our Captains General that may succeed you in that
Government, as likewise upon our Lieut. Governours or Commanders in Chief for the
time being, suitable to the dignity of those respective offices." — Ibid., vol. 33, pp. 30-60.
The seventeenth instruction recommended the building of a house for the governor.
Dudley did not conceal these commands of the queen. In his first speech to the Assem-
bly, June 16, 1702, he addressed to the representatives the following language, in which he
carried the spirit of his instructions beyond the letter : —
" I am further Commanded By her majesty to observe to you that there is no other
Province or Governm' Belonging to the Crown of England Except this where there is not
Provided a fit and convenient House for the Reception of the Governour and a settled,
stated salary, for the Governour, Leiv' Governour, Secretary Judges and all other officers
which therefore is Recommended to You and since this Province is 60 particularly favored
By the Crown in more Instances than one, their more Ready obedience is Justly Expected
in this and all other occasions." f-Mass. Archives, vol. 108, p. 3.
The innovations thus boldly proposed by the Governor were not regarded with favor by
the conservatives, and added to the discontent of the popular party. If Dudley so under-
stood the temper of his hearers as to have no fear of violent opposition, the representatives
were equally well aware of his weakness, and confident of their ability to overcome his
scruples. Therefore, a little more than a week after they had listened to his professions
regarding the duty of obedience to the queen's commands, they, as has been shown, f voted
to him a present of five hundred pounds ; and embodied this vote in the form of a bill,
which, tliree days later, was passed to be enacted and received the Governor's signature.
Having thus become a party to this evasion of the royal instructions Dudley prorogued
the Assembly, not to meet again in legislative session until October.
When the Governor met the General Court, October 15, 1702, in its second session, he
again addressed the representatives as follows : —
" I Did the last session also by Her Majesty's Especiall Command, Lay before you the
necessary Provision of a House for the Government at Boston, and a salary for the Gov-
ernour the Lieutenant Governour, the Judges, and other Officers of the Government, I am
Obliged to Tell you Gentlemen that there is no other Part nor Province belonging to the
Crown of England, where there is not a stated Honorable support for the Governour
and all other Publick Officers, arising from the Countrey, and I hope we shall Prevent
it's being Observed at home, that we are particularly Priviledged, and as singular in the
neglect of our Dutv, I shall lay before the House of Representatives a List of all Officers
of salary, and shall Desire your Consideration of it in the first place, and I am sure I
have no reason to doubt your Regard to Her Majesty's Directions, to my own just Expec-
tation from you, Either for my self Or any other the Officers of the Government. ... I
have done when I haue Told you Gentlemen that I shall serve Her Majesty faithfully
and doubt not the same from the other officers, that therefore Expect a just support in
their severall stations." —Ibid., p. 5.
The response to this was the further grant of two hundred pounds by the resolve, chapter
61 of that year, passed after the Governor had called the representatives before him % to
remind them of the queen's instructions, which he now formally communicated to them.
But the communication came too late. The act of the previous session to which the Gov-
ernor, had affixed his signature in token of consent and which was probably already before
the Privy Council, where it was approved in due course, was a precedent that might be
effectually set up against any contrary previous orders or directions of the queen. But
not to insist too strictly or parsimoniously upon their undoubted privileges this last
grant was passed by the Assembly upon reconsideration of a resolve in which they had
voted the Governor six hundred pounds for the year, including the first grant of five
hundred pounds. $
The manner iu which Dudley was induced to accept this grant, made in disregard of
his instructions, appears on the face of the resolve as printed in volume VII. A similar
course was pursued in the present instance, and, as will be seen, he was again induced to
take what the Legislature offered him in the expectation that the amount would be sub-
sequently increased to his satisfaction.
During the special session of 1702-3, Dudley seems not to have alluded to the subject
of the judges' salaries; yet while in his opening speech, || May 27, 1703, he earnestly rec-
* March 7, 1692-3. See Province Laws, vol. I., p. 109, notes.
f Resolves, 1702, chapter 20, and foot-note.
j November 11, 1702.
§ Resolves, 1702, chapter 61, note.
|| See note to chapter 50, post.
294 Province Laws {Resolves etc.). — 1703-4. [Chap. 47.]
ommended that these be increased, the only hint he made respecting his own salary is con-
tained in the following passage : —
" And Gentlemen I must freely acquaint you that it would be the Last Inconvenience
upon mee to be forced to represent to her Majesty that the Goverment of this province
must fayle in any part or branch of it for want of a Just support for persons in publiq;
offices, which will be absolutely new from any plantation belonging to the Crown of
England,
I shall Continue Gentlemen to do my duty and as much as in mee Lyes to steady every
body in theirs, and doubt not of assistance from all good men that Love the Crown and
Goverment of England and the Just dependance thereupon especially vnder the serene
and happy administration thereof in the hands of her present Majesty." — Ibid., p. 9.
Upon the approach of the last week of this session, nothing having been done towards
providing for the Governor's salary, a committee was sent from the Council to the rep-
resentatives to move "for an Allowance to be made to his Excy. for his Service in the
Government in the Year commenced & of what tell short the Year past." *
In response to this motion the resolve which constitutes this chapter, and which was
passed by the House of Representatives on the twenty-third of July, and was concurred
in by the Council on the thirtieth, was first read in the Council on the twenty-fourth. On
the same day it was " sent back to the House, with a message to reconsider the same."
On the twenty-seventh, the representatives having returned it to the Council " without any
Alteration . . the Secretary with Andrew Belcher & Edwd Bromfield Esq r . s were sent with
the said Resolve on a Message to the House for Explanation thereof, Whether it was
a Gratuity or Payment for Service & for what Time, And to move the Consideration of
the House for a suitable & Honourable Allowance to be made his Excy. Agreable to his
Station, as her Majesties Govern^ for the year Currant." f
No immediate response being made to this message, and the Governor intending to pro-
rogue the Assembly on the thirty-first, he summoned the representatives to the council
chamber and addressed them respecting sundry matters which he deemed it important
for them to act upon, and "Also reminded them of a suitable Support for the Governf
Lieuten' Governf & Justices of the Superiour Court." %
This was on the twenty-eighth, and on the twenty-ninth the resolve was again returned
to the Council with no further alteration than the words " in part " inserted instead of the
word " towards ; " and on the next day it was passed, and consented to by the Governor.
The order in Council § for the payment of this allowance is dated August 5, 1703 ; and
this amount, together with the further sum of two hundred pounds allowed to Dudley by
chapter 114, post, is charged as paid to him in the accounts || of the province treasurer.
Chap. 47. This chapter is from council records, vol. VII., p. 426. It is preserved in
archives, vol. 40, p. 755.
The case in which the petitioner named in the preamble of this chapter sought relief of
the General Court is interesting, not only as illustrating the practice of the provincial
courts of law at an early period, but as being the cause of the passage of a perpetual act H
regulating the proceedings of the Superior Court upon appeals from judgments in bar or
abatement.
Major Thomas Clarke of Boston, who died testate March 13,** 1682.-3, devised his estate
to his two daughters, Mehetabel, the wife of Humphrey Warren, and Elizabeth, the wife
of Elisha Hutchinson, in the following words : —
''For my temporall Estate I give and bequeath unto my daughters Mehitable Warren
and Eliz : Hutcheson. whome I appoint my Executrixes, they paying all my just debts
and Legacies that I here bequeath in convenient time." — ■ Suffolk Probate Records, lib. 6,
p. 405.
By another clause of this will he charged the devised real estate with the payment of
certain legacies, one of which, of one thousand pounds, was to the eldest son of his daughter
Elizabeth, "to be paid when he comes to the age of twenty-one years, or day of marriage,
with consent of parents, which shall be first."
This legacy would not be payable before June 17, 1699,ft unless the legatee should marry
before that date, which he did not do.
On the first of October, 1697, Mehetabel Warren, describing herself as of Boston, and
a widow, conveyed to her "kinswoman," Mehetabel Cooper, Avife of Thomas Cooper of
Boston, merchant, "and to the heires of her body begotten or to be begotten their heires
and assignes forever all that my one Eighth part of the Grist AVater mills, situate stand-
ing and being in Boston afores cl being five in number, three whereof are situate at or neer
a place commonly called and knowne by the name of Centerhaven in the present keeping
and occupation of John Farnham sem miller, and the other two situate upon the Mill
Creeke so called, in the present keeping and occupation of John Farnaiu Jtrnj miller To-
gether with one Eighth part of all and singular the soile and ground whereon the s d mills
and millhouses and every of them Do stand, and of the said houses, Edifices & Buildings,
and also of all and singular the milldams Bankes wharfes, Lands, Ponds pooles, streames,
Waters, Watercourses, Headwares Flumes, millstones Waves, passages, rights, members,
profits, priviledges, cofnodities emoluments, advantages, Utensils and appurtenances what-
* July 23, 1703. Council Records, vol. VII., p. 417.
t Ibid., p. 420.
t July 28, 1703. Council Records, vol. VII., p. 422.
§ Executive Records of the Council, vol. 3, p. 463.
*|| Mass. Archives, vol. 122, p. 191.
IT Province Laws, 1703-4, chapter 13.
** According to Farmer and Savage.
tt Edward, the first-born child of Elisha and Elizabeth (Clarke) Hutchinson, was born June 18,
1678.
[Notes.] Province Laws (Resolves etc.). — 1703-4. 295
soever to the s d mills and to each and every of them, incident, belonging or in any wise
appertaining, or with the same now or at any time heretofore used, occupyed, held taken
reputed or enjoyed also all the Estate right Title Interest use property possession claim
& Demand whatsoever of me the s d Mehetabel Warren of in and unto the s d mills and
each and every of them, and all other the beforementioned to be granted premisses with
their and every of their members and appurtenances by vertue of the last Will and Testa-
ment of my Father Major Thomas Clarke sometime of Boston afores d Dece 1 } executed the
twenty second Day of May 1680 duely proved and of Record, whereof and wherein I am
named and appointed an Executrix, or by vertue of any Legacy, bequest or Device in the
s d Will conteined or howsoever my right and Interest to and in the same Do's arise and
accrue with the Revertion & Revertions, Remainder and Remainders thereof," * to have
and to hold the same (and, immediately after the decease of the grantor, the reversion and
remainder thereof) to the said Mehetabel Cooper "and heires of her body begotten or to
be begotten," * forever; " and in Default of such Issue to the next and right heires of the
g' 1 Mehetabel Cooper, on the side of her mother"* to their own proper use, etc., reserving
to the executors or administrators of the grantor " the profits of the s d mills and every of
them that shall be due at the time of my Death and from thence unto y e time of the next
reckoning according to the usuall manner in the month of January following." *
Endorsed on this deed was another from the same grantor to the same grantee revoking
the reservation of the grantor's life estate and granting and releasing the whole estate to
the grantee with a like limitation as in the former deed. This deed was dated May 24,
lTOU.f
Madam Warren died July 20, 1701, whereupon, it would seem, Hutchinson, assuming
that the devise created a joint tenancy in the two sisters, at least for their joint lives, took
possession of the whole of the estate in the right of his wife, the surviving sister, and
leased to Richard Stratton and William Story the whole of the three grist-mills of which
Mehetal >el Cooper claimed an undivided eighth part under the deeds from Madam Warren.
These mills were situated at or near " Centre Haven," which appears to have included
the vicinity of the south-western base of Copp's Hill, and the water power was probably
supplied from a tide-gate in the old causeway that gave the name to Causeway Street,
and formed the western side of the basin which had an eastern opening to supply other
mills west of Mill Bridge on Hanover Street.
To establish their right to a share in the mills, Cooper and wife brought suit "in a plea
of trespass and ejectment" against Stratton and Story in the Inferior Court of Common
Pleas for Suffolk, of which Elisha Hutchinson was at that time chief justice.
The declaration in the writ (which was dated September 19, 1702,+ and returnable on
the first Tuesday of October, following) charged that the defendants "have Illegally
Entred into & doth refuse to deliver to "the S d Thomas Cooper & Mehetable his s d wife
in the right of the s d Mehetable," the share and premises heretofore described "in the
present keeping and occupation of the Said Richard Stratton & William Story" and that
they, " altho? often thereunto requested the possession of the afores d eighth of the afores d
three grist water mills ... to the s d phi to deliver have hitherto refused and Still refuse
to deliver the possession of the Same to them." The ad damnum was put at five hun-
dred pounds.
The writ was served by Samuel Gookin, sheriff, who took bond from the defendants in
five hundred pounds to appear and answer to the suit.
On the fifth of October the defendants executed a joint power of attorney § appointing
Anthony Checkley and John Valentine to appear for them in their names in " all courts."
This being filed with the clerk, the cause came on to trial before Hutchinson, John Foster,
Penn Townsend and Jeremiah Dummer, who had been newly appointed justices by Gov-
ernor Dudley — their commission being read at the opening of the court. The record, after
the caption, is as follows : —
" Thomas Cooper of Boston in the County of Suffolk merchf & Mehetable his wife pi'. 8
u Richard Stratton & W™ Story of Boston afores d millers Def'jf, In a plea of Trespass &
Ejectmf.for that the s d Richard Stratton & William Story have Illegally Entred into & do
refuse to deliver to the pit' the possession of one Eighth part of Certain grist Water mills
scituate lying standing &' being in Boston afores* in the present keeping & occupation of
the Def t3 Together with one Eighth part of all & singular the soyle & ground whereon
the s d mills & mill Houses do stand & of the said Houses &* & appur«;s whatsoever to
the s 1 ) mills belonging, as in the writ or process, reference thereto being had, is at large
sett forth & discribed, the refuseing to deliver the possession of the same to the pl'a is to
their damage as they say the sum of ffive hundred pounds, The Deft? appeared by Anthony
Checkley their attorny & moved the Court that the writ might abate for that they the Def'f
were only servants & not Tenants and therefore an action "of Ejectm'. would not well lye
against them as such. It was Considered by the Court after adviseinent, That the writ
should abate for the Insufficiency thereof, and that the Def', 9 , recover Costs ag* the pl ts ;
The plt_» appealed from this Judgm* unto the next Superiour Court of Judicature to be
holden for this County and Entred into Recognizance with suretys as the Law directs for
prosecuteing of their said appeal with Effect." — Records in the office of the clerk of the
Superior Court in Suffolk County.
The next session of the Superior Court was held on the third of November, and by law
the declaration of reasons of appeal was required to be filed fourteen days before" that
time. Accordingly, on the nineteenth of October, Joseph Hearne, attorney for the appel-
lants, tiled in the office of the clerk of the Superior Court the following paper : —
* Suffolk Registry of Deeds, lib. 18, fol. 12.
t Ibid., lib. 19, p. 370.
\ Suffolk Court Files.
§ See note % to private act, number eight, vol. VI., p. 62.
296
Province Laws {Resolves etc.). — 1703-4. [Chap. 47.]
Cooper u
Hutchinson
Execution
Issued out
June 1703
"Suffolke ss To the honoble the Justices of her Maj' ie3 Superiour Court of Judicature
to be held at Boston the first Tuesday of November Anno 1702./
Tho : Cooper & Mehitabell his wife Appell'* ")
u ( The Appell'"
Richard-Stratton William Storey of Boston [' reasons of Appeal
in the County afores (1 millers — Appellees J
from a Judgem' obtained ag' them by the Appellees at her Majties inferiour Court of
Comon Pleas held at Boston the first Tuesday of October 1702./
The Accoii was an Accoii of Trespasse and Ejectmt brought by the Appell' 9 agj the
Appellees for the Eighth part of the mills &c as set forth in the Attachnif/
To which the Appellees moved the Court that the writt might abate for that they said
they were onely serv ts and not Tenants & therefore an Accoii of Ejectmt would not well
lye agt them as such./
Upon which the writt abated for insufficiency.
Which JudgemJ the Appell 18 say is wrong & Erroneous and ought to be reversed for
that.
The Appellees whether they were Ten 4 , 9 or not were in the p r sent occupacoii of the
p r misses sued for and in possession of the p r misses sued for at the time of the comencing
of said Accoii and therefore the Appell' 8 conceive the Accoii was well brought and ought
to have proceeded and not abated the Appellees being the onely persons the Law could
take notice of./.
Which matters and things being duely considered by your Honours the Appell' s hope
your honours will see Cause to reverse the former JudgemJ and Order the said Accoii to
proceed J. Hearne P 1 Appell n J'." — Suf-
folk Court Files.
To this declaration the attorney for the appellees filed the following answer : —
" The answer of Rich d Stratton and W™ Story appellees to the Reasons of appeal of
Thomas Cooper and Mahitabel his wife appell'. 3 , from a nonsuit of an accoii at the Infe-
riour, Court of Comon pleas held at Boston the first Tuseday of October 1702 ; to the
Sul^iour Court of Judicature to be held at Boston the first Tuseday in Novembf follow-
ing where the now appellees were pits & y e now appelts def' 3 The accoii was an Action of
Trespas & Ejectment wherein the then p u » were non suit, having Commenced their ation
agj the now appellees as is already sett forth ; who were not Tennants in possession of the
p r niisses sued for. & therefore the writt abated for very good Cause
1 S J The Appellees answer that no appeal can ly for a non suit, for the Judges declaring
the writt to be Insufficient is no judgmj; for the Cause was nevf heard, so the appellees.
p r sume there can be no judgmt
2 If the declaring of a non suit be a judgment then a p" may be wholly barr'd from
ever having a hearing of ye merits of his Cause wch is Contrary to the Law, which saitb,
that three judgm 1 ." for a pit or a deft shall finally issue y e Cause; and perhaps a p" may
be nonsuit at an Inferiour Court & alsoe vpon an appeal & Review, w& will wholly ex-
clude him, th& not a word of the merits of the Cause be heard ;
Wherefore the appellees humbly pray to be dismiss'd with Costs, there being no ground
for a hearing j N o Valentine att'T for the appellees." — Ibid.
The case was argued before the full bench, but the point taken being novel and perplex-
ing the court ordered the clerk to make the following entry in his records : —
" The Court will advise untill the next Superiour Court to be holden in May next." —
Records of the Superior Court of Judicature, 1700-1714, fol. 84.
At the May term the full fjench sat again, and after further hearing the pleas on both
sides the court took cognizance of the plea in abatement, overruling it, and, as shown by
the record, the case proceeded, as follows : —
" . . . . The Defend"* now appearing pleaded That an appeal cannot ly from a non suit,
The pleas of both parties being Considered Its determined by the Court That an appeal
from an Inferiour Court upon a non suit does ly in this Court. It's farther Considered
That the former pleas are Insufficient to abate the Writ That the Inferiour Courts Judg-
ment be and hereby is Reversed and that the Defend'* proceede to Tryall. Elisha Hutchin-
son Esq r comes into Court & prays to be admitted Defend' in the Room of Richard
Stratton & William Story, he Claiming the premisses Sued for which is allowed by the
Court. Who pleaded by John Valentine his attorny Not Guilty in maner & forme as the
writ Supposeth.* Upon which Issue Joined the Case after a full hearing was Committed to
the Jury who were Sworne to try the Same & Returned their Verdict therein vpon That
is to say they find Specially in the words following to wit That is to say they find for the
appl' 3 the Estate in Controversie & Costs of Courts if Madam Warren had any Right to
Give it away before devision but if she had not Right to give it away before division then
we find for the appellee Costs of Courts Its therefore Considered by the Court that the
s d Thomas Cooper & Mehetable his wife Recover of the s d Elisha Hutchinson one Eight
part of the s d mills with their appurtenances and Costs of Courts Taxed at Seven pounds."
— Ibid., fol. 93.
After the verdict, and before judgment had been entered, Hutchinson filed the following
paper, in the nature of a motion in arrest of judgment : —
" To the Hon rbl Superior Court now Seting in Boston. May the 7 th 1703.
In a Case where Tho Cooper &c is pit Rich Stratton & W m Story Def'. 3 upon an appeale
from an abatement, Elisha Hutchinson was admitted deft, and after hearing the case, The
Jury brought in a special Verdict
* Upon being admitted to plead to the original action Hutchinson joined issue thus, on the
bottom of the writ : " The De n Elisha Hutchinson Esq', pleads not guilty in mafier & forme as the
writt supposeth Jno Valentine att 4? Def." — Suf-
folk Court Filet.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 297
S d Hutchinson humbly pleads that for divers Reasons & Laws to be produced the case
ought not to be given against him.
The foundation of the title proceds from y e Last Will of Maj r Tho Clarke, and there-
fore speciall regard must be had to the same.
A mans WilTought to lie held inviolable & unalterable. Godolfin* Ch.26.
Maj r Clarke the Testator, his Intent may lie known by the words of his Will. p> 4 ' 8, "• 150,
The testator shal be presumed to have that in. his thoughts, w ch is not contained in his S. 31.
words.
Where the Testators intention may be known by the words of his Will, there all the 8. 112.
words in j a Will are to be caryed to answer his intent.
In the right construction of Wills the Testators intention weighs heavier in Judgment S. 113.
then his words, &c and the words must lie all the words and not only one part of them.
Out of the words of the Will, and not by averment must the construction of the will S. 120.
be gathered.
The intent of the devisor, may alter the very nature of the words in a Will. 8. 122 -
In the construction of Wills, the words must be guided by the intent of the testator,
and such an intent as may be collected out of all y e words of the will together : 8. 140.
Maj r Clarke the Testator, did intend that his two daughtors, Mehetable Warren and
Elizabeth Hutchinson, should joyntly injoy all his reall estate (aftor debts & Legasys
paid) dureing their natural lives, and aftor them to his heirs at Law That this is the Tes-
tators minde & meaning is plaine, for the bequest is in y e folowing words.
ffor my temporal Estate I give & bequeath unto my daughtors, Mehetable Warren &
Elizabeth Hutchinson, whome I appoynt my Executrexes, they paying all my Just debts
and Legasyes that I have bequethed in conveniant time.
The bequest is to his daughtors by name, and not to their heirs, not for Ever, therefore
to them personally, and but for life, and that Joyntly and not seperatly. much less to the
assignes of one of them, while the other is living, and never was acquainted with the
Convayance.
aftor his daughtors decease the Testat'' 9 intent is that his Real Estate should goe to his
proper Heirs, & not to any strainger tho nearor related then the plaintif, no not to his
daugthors Husbands his sons in Law. and thearfore givs each of them One hundred
pounds, to put them out of hopes to Injoy his reall estate.
In case the posterity of both his daughtors should die before the time of Recieving their
portions, Then he givs £.1500. to an Hospitall. and where should this mony be had, if the
Estate can be given away to straingers.
And therefore finally takes care that his Ouerseors Endeavor to see his will performed,
and that security be given for his Gran-childrens portions.
The Testator givs his Reall Estate to his daughtors as Joynt Tenants during Life, and Lib 3 Ch '
not in ffee simple.
Blunts Law dictionary saith Joynt Tenants are those that com to, and hold Lands or Coke on Littlton
Teniments Joyntly by one title. pro indiviso or with out pertition and have the sole quality fo. 180.
of survivorship.
A. deviseth to his two daughtors his Heirs, to them and their Heirs his Lands, they Godolfin P. 477
shal lie Joynt Tenants. (1) One hath Issue two daughtors and deviseth Lands to them in 8. 126.
ffee, by this they shal be Joynt Tenants and shal com in by the devise, and the survivor
shal have the whole. (4) or if one have only two daughters and devise his Lands to them P. 312.
in ffee, by this they shal take as Joynt Tenants and.not by descent.
If one Joynt Tenant devise his part to a straing 1 ' the devise is voyde. P. 296. S. 6.
Ea intent ione in a Will maks a Condition p. 173. s. 146
A legatery can not trasfer his legacy if he die depending the Condition p 4 6 4 - g_ 22
A legaterys Leagcy is not transferable to his Excut 1 ' 3 if die before the accomplish" of s ' 25
the Condition thereto annexed. ' '
Madam Warren did die before the accomplishm" of the condition, therefore could not
trasfer the mills
Altho payment of mony maks a ffee simple in some cases. This holds true only in case Godolfin P. 321„
the intent of the Testator doth not appere to be otherwise. S. 2.
now it apperes by what hath been said aboue that Maj r Clarke the Testator did not
Intend to pass his real estate to his daughters, as an Inheritanc in ffee simple, by payment
of mony.
But he maks that payment a Condition, w* Condition was not performed, when Madd
Warren made that deed, on y e 1 st Octobj 1697. nor was y e principal Legate (who was to
Recieve £.1000) then of age to Recieve the same, or give discharge, then being not 19
years & 4 months ould, and was not to Recieve his Legasy till 21 years of age nor is the
Legasy yet paid.
The statute of 31. H. 8. P. 489. title Joynt Tenants & Tenants in Coihon S. 2. saith that
Joynt Tenants and Tenants in Comon, shal & may be compeled to make pertition of all
such Lands as they hold as Joynt Tenants &c
The Law of this Province is the same, Joynt Ten t,s may be compeled to divide by writ f . 45.t
of pertition.
So that the making of this statute plainly shows that no one Joynt Tenant could sell,
much less give any part belonging to the Joynt Tenantry.
ffor if one could disspose with out the other there was no need of making this statute,
and less need to make so many statuts about it.
If one could disspose, the other might, if a part, then the whole, and then all the Leg-
atarys had been disapoynted.
Then this deed made by Madd Warren one of the Joynt Tenants, with out the least
knowledg of the other Joynt Tenant, no pertition ever being made, frustrates the intent
* Godolphin (The Orphan's Legacy) is the authority cited. See private acts, number two, p. 11,
footnote §.
f Province Laws, 1693, chapter 8, § 1.
298 Province Laws {Resolves etc.), — 1703-4. [Chap. 48.]
of Maj 1 ' Clarks "Will, and givs his Estate to those he never Intended should Injoy it. and
therefore the deed is Voyde in Law. Elisha Hutchinson." — Suf*
folk Court Files.
This motion failing, he had recourse to the following petition, being the same that is
mentioned in the preamble to the order which constitutes this chapter : —
"To his Excell^y Joseph Dudley Esq r Capt General & Governor in chief in and over
her Maj ties Province of the massachusetts Bay in New England. The Hono4 e Council and
Representatives in General Court assembled. 26. May 1703.
The Petition of Elisha Hutchinson humbly Sheweth.
That Whereas Mr Thomas Cooper of Boston merch' in Right of his Wife commenced
an action, at the Inferiour Court of pleas in October last past against Rich Stretton and
Will Story millers, for that they illegally entred into & did refuse to deliver one eighth
part of three Grist mills in Boston near Center Haven, in the present keeping and occupa-
con of sd Stretton and Story &c. where they appeared by their attorney pleaded in abate-
ment of the writt that they were but servants to the owners, and that the owners were in
possession & not they, therefore they did not withhold possession, & ought not to be sued,
which plea was allowed and the writt abated. The plaintiff appealed to the Hono bl f Supe-
riour Court, where after six months Consideration, sd Court over ruled the plea; and said
the Case must go on to a Tryall, & would not suffer any further plea for abatement of the
writt. alth6 the acts of assembly for Regulating Tryalls* p. 213. and the act for Review f
p. 214. say, each party shall be allowed, & have the benefit of any new & further plea and
evidence. The appellees then pleaded that sd Superiour Court had not propper Cognizance
of that Cause, it never having been heard nor Tryed in an Inferiour Court, and if they
should be overruled to make an Issuable plea, they should lose the benefit of the Law
(which allows three Tryalls, Original, appeal, and Review) for if they have the first
Tryall in the Superiour Court, there is nothing left but a Review to the same Court, and
that being overruled.
Yo r . Petitioner was under a necessity of desiring to be admitted Defend* and then
obliged to make an Issuable plea notwithstanding he pleaded the Law (Title An act pre-
scribing forms of writts in Civil Causes) wherein it is said That all civil actions & c . shall
be originally heard & Tryed in an Inferiour Court of Coihon pleas But this Cause hath
neither been heard nor Tryed in sd Court.
After the pleading the Cause & the Jury sent out, some of the Jury came in with a
motion to the Court, and were told That, if they could not agree they must bring in a
special verdict : They return'd with that w c . h they called a special verdict, To witt They
find for the appellant the estate in Controversy, and Costs of Courts, if Mad>» Warren
had any Right to give it away before Division ; but if she had no such Right then we
find for theappellee Costs of Courts.
Its therefore Considered by the Court that the appellant recover the estate sued for &
Costs of Courts.
Both pit & deft Claim a Right to the estate sued for. by Major Clark's last will There-
fore the mind of the Testator ought by the Jury to have been enquired into and a Positive
verdict given in by them & not to have left it to the Court, there being no point of Law
mentioned in the verdict.
Being thus forced to a Tryall, (as I apprehend) contrary to the above recited Laws) I
am greatly damnif yed and denyed the Coihon benefit of the Law —
Therefore yoy Petitioner humbly prays this hono b |e Court that he may be relieved herein,
by making null & void the sd Judgm' & that they declare That in all Causes, the meritt
of the Cause shall first be heard and Try'd in an Inferiour Court notwithstanding an
appeal from a nonsuite, Barr or abatement of the writt. or that some other effectual
remedy may be provided for yoj Petitioner and others in the like Cases.
And Yor Petitioner shall ever Pray :
Elisha Hutchinson." — Mass.
Archives, vol. 40, p. 154.
This petition was read first in the House on the thirty -first of May ; but it was not until
the twenty-seventh of July that an order was passed thereon and sent to the Council. This
order, which was read in Council on the twenty-seventh and again on the thirtieth, was
nonconcurred in by the Board on the thirty-first and returned with the second clause or
sentence of this chapter substituted for the order as drawn by the House. The House
now reconsidered its former order, and concurred in the action of the Council with a
further amendment by which the words " sitting of the " were inserted after " next," and
thus amended it was consented to by the Governor.
For the report of the judges and further proceedings in the case see chapter 89, post, and
note.
Chap. 48. This chapter is from archives, vol. 101, p. 246. It is recorded in council
records, vol. VII., p. 426.
See act, 1702, chapter 8 ; resolves, 1702, chapter 74, and 1702-3, chapter 14 ; and chapters
22 and 23, ante.
The order in Council % for payment of the one hundred and twenty-five pounds granted
by this chapter was passed August 5, 1703, and this amount, together with the further
sum of £18 6s. allowed to the committee by chapter 84, post, is charged as paid to them
in the accounts § of the province treasurer.
* Province Laws, 1701-2, chapter 5, § 9.
t Ibid., chapter 6, § 1.
X Executive Records of the Council, vol. 3, p. 463,
§ Mass. Archives, vol. 122, p. 192.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 299
Chap. 49. This chapter is from archives, vol. 48, p. 360. It is recorded in council
records, vol. VII., p. 427.
The instructions received by Governor Dudley in reference to the establishment of a
fixed salary for the Lieutenant-Governor, and the proceedings thereupon by the Governor
and the Legislature down to the thirtieth of July, 1703, appear in the note to chapter 46,
ante.
The dispute between the two branches in reference to allowing pay to Povey in the two
capacities of Lieutenant-Governor and Captain of the Castle, the history of "which up to
the date of this chapter is given in the note to resolves,* 1700-1, chapter 62, remained un-
settled and was the subject of further communication and continued difference, as will
appear in the note to resolves, 1704-5, chapter 32.
The order in Council f for the payment of this allowance was passed August 5, 1703,
and by the province treasurer's account % it appears to have been duly paid.
Chap. 50. This chapter is from archives, vol. 40, p. 776. It is recorded in council
records, vol. VII., p. 427.
Although a majority of the judges of the Superior Court were newly nominated by
Dudley as early as June 30, 1702, <J the bench was not filled nor the court formally organ-
ized and opened until several weeks later. || The former judges received their last allow-
ance under the resolve of November 18, 1702,11 which also raised their salaries from
forty-five to fifty pounds per annum. This was owing, doubtless, to the earnest recom-
mendations of Dudley. Notwithstanding the subject of establishing salaries for the judges
had not been included in his instructions, he had represented in his first speech to the Leg-
islature that the queen's commands for the establishment of "a settled stated salary"
extended to them,** and at the beginning of the second session he had contrasted their
small pay with the munificent compensation allowed to the judges in " the next province. "ft
Eight days before the passage of the resolve for paying the former judges, and in that
resolve as originally drawn, the House had passed, and sent to the Council, for concur-
rence, a clause for allowing and paying fifty pounds to each of the new judges, for the
current year, " beginning from the Date of their Comission." %X On the eighteenth the
Council voted that this clause be "left to Consideration," %% possibly in the hope that
the representatives, in deference to the Governor's repeated recommendations, would in-
crease the allowance.
In his speech at the beginning of the first session of the Assembly of 1703-4 the Gov-
ernor again introduced the subject, as follows : —
" I have had a late earnest application 6$ on behalf of the Judges of the Superiour Court
in whose hands are the Administration of the Lawes referring to the Lives and Estates
of all her Majestyes good subjects of this province, acquainting mee that the allowance
made them will by no means support their charge nor put them beyond Contempt in their
stations. I shall be very sorry to have the Administration of Law fayle in this great prov-
ince upon that head and I Assure you Gentlemen I have not many persons in the province
to name in their places if any of those whom I take to be men of Honor should refuse the
service upon that Account." — Mass. Archives, vol. 108, p. 9.
The Assembly, however, deferred action upon the subject until the Governor had again
" reminded them of a suitable support for the governor, lieutenant-governor and justices
of the Superior Court." This was on the twenty-eighth of July, and on the thirty-first
the House renewed the resolve which they had formerly passed and which the Council
had had under consideration from the previous year. Upon being again sent to the Coun-
cil it was immediately concurred in, and consented to by the Governor.
The order in Council f for the payment of this allowance was passed August 5, 1703,
and in the province treasurer's account J the aggregate sum of two hundred and fifty
pounds is charged as paid to the judges, by name.
Chap. 51. This chapter is from council records, vol. VII., p. 427. It is preserved in
archives, vol. 17, p. 94.
Chap. 52. This chapter is from council records, vol. VII., p. 428, and archives, vol.
70, p. 646.
The account mentioned in the preamble to this chapter seems to have been only the
following voucher, upon the back of which the resolve was written : —
" Province of Maine, November y e (14 th ) (16S9J Receiued of Mr Edwd Toogood for the
vse of y 1 ' Majt? Soldiers in s d . province/ —
. lmp> : * four quarters of beefe w d four hundred & twenty fiue Ih . 3
cSc to v° dyating three Soldiers Eight dayes
to one man more quartered three weeks — •
* See also, 1702, chapter 62.
t Executive Records of the Council, vol. 3, p. 463.
% Mass. Archives, vol. 122, p. 191.
§ Executive Records of the Council, vol. 3, p. 341.
|| " Aug 1 . 15. p. m. . . . Col. Hathorne . . chosen : Gov delivers him his Comission, then me and
Maj r Walley. Said would never insert himself any way to influence any proceeding before; which
has many times done with great Vehemency ; exhorting us to doe Justice. Addington, Hathorne,
Sewall, Walley sent for Mr. Elisha Cooke jun r : constituted him our Clerk, and gave him the Oaths.
So now the Superior Court and Inferior Court Suffolk are both open'd this day; . . ." — Sewall's
Diary, vol. II., p. 63.
IT Chapter 64.
** See note to chapter 46, ante.
ft See note to resolves, 1702, chapter 64.
Jt Mass. Archives, vol. 101, p. 234.
§§ This application has not been found ; but a later one, presented to the Council August 19, 1704»
appears in the notes to resolves, 1705-6, chapter 46.
300 Province Laws {Resolves etc.). — 1703-4. [Chap. 53.]
to pastering horses for y e troopers so much as amounts to one hundred and sixty dayes
and nights. . pr j EK: Sweyxe
-not ahn _. Couiand r in Cheife
uat:a 5 aDOue, attest: Jams Converse Capm." - Mass.
Archives, vol. 70, p. 645.
The order in Council* for the payment of this allowance was passed August 5, 1703,
and the province treasurer's account f shows that it was duly paid.
Chap. 53. This chapter is from council records, vol. VII., p. 431. It has not been
found in the archives.
No sooner had Governor Dudley returned with a favorable report of his conference with
the Indians at Caseo Bay than the prospect of peace which he had fondly entertained %
•was dashed by threats of fresh hostilities by the French and Indians. The hrst indication
of this in the records is the following entry : —
" July 9, 1703. His Excellency communicated to the Council several Letters from Casco
Bay. Saco, & Piscataqua brought this Morning by Bomazeen j & an other Eastern Indian,
Importing the Intelligence express'd by Moxus one of the Sachems of the Arrival of a
great French Ship in Mount Desart, & that he rnett several French Men from the said
Ship with some Cape Sables Indians coming Westward with Intent to commit Hostilities
upon the English & Incited the Eastern Indians to join therein, And the said Letters being
lead were sent down to the House of Represent*?
His Excellency further communicated his Intention to set forth one of the l:>est Sailing
Shallops of Marblehead under the Command of the Lieutenant of her Majesties Ship & is-
port & twenty or thirty of her Men with the Allowance & Consent of Cpt. Thomas Smith
their Commander, to discover & Report what they should see, & to have his Excellencies
Instructions. And that Bomazeen & the other Messenger be rewarded for their Duty
"with a good Coat, Shirt, Neck Cloth & Hat each of them, & be return'd by the said
Shallop "to their Place ; And that Andrew Belcher Esq. r be desired to take Care to provide
the said Cloathing & of the Equipping of the Shallop : All which is Approved." — Council
Records, vol. VII., p. 404.
Twenty days later the Governor communicated both to the Council and to the House
further intelligence of hostile preparations of the enemy. The nature of this informa-
tion and the steps taken by the Governor to resist invasion, and the action of the repre-
sentatives thereupon are shown in the following entry : —
" July '29, 1703. His Excellency intimated to the Council, That Lieut. Coll. Tyng was
come from Dunstable to Acquaint him that yesterday there came in thither two Indian
Men || & Watenunians Sister from Pegwaket, to inform him that two Men of their Comp?
came lately from Chainlet near Mount Real, where they saw One Hundred & fifty Indians
arm'd gather'd together & join'd with some few French, Intended to be divided into three
Companies, One for the Eastw'i An other for Merrimack & the third for Connecticut River
to insult the English Settlem*:
And His Excy. sent a Message to the House of Represents to Acquaint them thereof,
"Whereupon M" Speak* attended with a Comm'^ of the House came up, And his- Excy.
intimated to them That he had two Companies of Men Fifty in each used to the Woods
ready enlisted, One Company in the County of Essex & the other in the County of Mid-
dlesex, And proposed to send out thirty or forty of each of the said Parties for a Scout
on the Line of the Frontiers from Haverhill to Marlboro, & to make an other Scout of the
two Companies in Pay within the County of York from Haverhill to Saco to make Dis-
covery of the Approach of the Enemy & observe their Motions : M r Speaker express'd his
Approbation thereof & that He beleived it would be agreable to the Mind of the House.
Andrew Belcher Esoj was sent on a Message to the Representatives, To desire that if
the House approved the Proposal of his Excy. to M* Speaker & then- Committee relating
to the Scout upon the Frontiers, thev would express it by a written Vote." — Ibid., p.
423.
In the vacation of the Assembly, which was prorogued from the thirty-first of July to
the first of September, the worst apprehensions of the enemy's hostile designs were realized
upon the approach of a body of French and Indians led by the Sieur de Beaubassin.
On the seventh of August Sewall enters in his Diary. •" "From the Eastward, Fear of
the French and Indians, some being seen." On the eleventh occurs the further entry,
* Executive Records of the Council, vol. 3, p. 464.
t Mass. Archives, vol. 122, p. 203.
J See note to chapter 31, ante.
§ "July, 8. p. m. . . . Bombazeen comes to Town as an Express with Rumors of 15. French-
men landed near Pemaquid, and of a Frenchman of War.
July 12 Bombazeen and his companion before the Council with Serj 1 Bean." — Seicall's Diary,
vol. II-. p 92.
|| " Women," in the series of records in the State Library.
IT Vol. II., p. 84. This is corroborated by the two following entries in the executive records of
the council : —
" Au^. 7, 1703. His ExcelUj communicated to the Council several Letters just now received from
Piscataqua, intimating the discovery of some French Indians, at or near Newicbewannock; and
proposed to have their advice if any thing were further necessary to be done at present.' — Vol. 3,
p. 405.
" Aug. 11, 1703. His ExcelR T communicated to the Council a Letter Expressed to him from
Blackpoint, intimating that M.£ John Croad on the fifth currant, being at Wineganse, about Twenty
mile from Casco Fort, was informed by Moxis the Sagamore and Bomazeen, that Si Obin a French-
man with two Friers and several Indians from Pigwockett and Pennicooke were there and expected
a party of Ind™ from Cannada to joyne them, and that they advised him to haste away, for his
own Safety." — Ibid., p. 467.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 301
"News comes of the Onset of the Enemy."* On the twelfth "His Excellency commu-
nicated to the Council the further Intelligence expressed to him of the insults made by
the Indii^ at Spurwinke and winter harbour on the same day with that done at Wells." +
On the same day aud " at night " the tidings came of the attack on Wells, with an esti-
mate that the total loss of the English was probably sixty ; that fifteen of their dead had
been buried, and that they feared to go out to bury those who fell furthest from the for-
tifieat:
These last tidings the Governor communicated to the Council the next morning, together
with what reportshe had received of the " impressions made " by the French and Indians
" on the parts further east, and the report of firings at Casco Bay." j
On the fourteenth "Mi Preble and Lewis Bean two Inhabitants of Yorke, came from
thence yesterday, and attended his Excellency in Council, and gave him a relation of the
Impression made by the Enemy upon Wells, Winter harbour, Papueduck, and that the
Forts at Casco and Saco were insulted, their tireing being heard, bat knew not the issue ;
they apprehended there were about fifty Indians appeared at Wells." ||
Before the letters were received from Piscataqua informing him of the appearance of
"French Indians" near Xewiehawannock Dudley had already given orders for scouting
and marching, to the forces " in those parts," and in the counties of Essex and Middlesex,
'• which was thought sufficient until further intelligence." r
Upon the arrival of the first report of the attackon Wells the Governor ordered Lieuten-
ant-Governor Povey, under the escort of four troopers,** "to repair to Piscataqua, and
with the advice of the Gentlemen of the Government there, to take care for the improve-
ment of the Forces posted at Wells and Newichewanock &c* as occasion shall offer for
the defence of her Maj">' s subjects and repelling of the Enemy," f and a warrant for ten
pounds was ordered to be drawn on the treasurer to defray the expenses of himself and
his guard on their journey. The Council also " Advised, That the Garrison at Saco and
Casco, be not at present reformed by drawing off any Men from thence." -r On the day
following the Governor " intimated, that he had ordered the Levying of One hundred and
Fifty souldiers out of the several Regiments of Militia, in the County's of Suffolk, Plym-
outh, Barnstable and Bristol." ft
On the thirteenth, after the report of the attack on Wells had been confirmed, the Gov-
ernor " dispatch't orders to Colonel Peirce, to order Captain Somersby with one halfe of
his Troop with long armes, & Capt'i Wadleigh with one halfe of his Company of Dragoons
forthwith to march to Wells for their releiferand to cause them to be immediately followed
with a Foot Company of one hundred Men, under proper Officers, to be drawn out of his
Regimi, and also dispatched away the Province Galley to visit & releive Casco Bay and
the other Fortifications Eastward." ft
The next day he wrote to Colonel Hathorne at Salem and to Colonel Wainwright at
Ipswich to confer with the councillors and principal militia officers in their respective
towns in order to encourage the enlistment of volunteers within their regiments to serve
against the enemy. The names of the volunteers were to be listed.
On the sixteenth the Governor laid before the Council a letter from Captain Turfrey,
commander of Fort Mary at Saco, giving an account of an assault by the enemy on that
garrison and of their repulse, and of the mischief done by them in the outlying settle-
ments of Saco and Winter Harbor. Thereupon he dispatched letters to the garrisons at
Saco, Black Point and Casco, requiring the women and children to be sent off and the
men to be retained for service and put under pay. He also wrote to Captain Southack of
the Province Galley "to sail to Sagadahoc and demand of the French and Indians the
prisoners in their hands." On the "same day a flag of truce arrived at Boston from Port
Royal under which Louis Allainji brought letters from Governor Brouillan asking for an
exchange of prisoners. The next day this letter was submitted to the Council, together
with the draught of the Governor's reply, offering to exchange all prisoners held by the
province except the Sieur Baptiste, J{ who was detained as a subject of the queen of Eng-
land upon accusation of treason and felony. In this letter he took occasion to resent
" the late barbaritys acted by some French Officers and two Priests commanding the Sal-
vages upon a number of poor women and children in open settlements, presuming they
were under his Commission, and expecting that he command them to restore the Women
and Children to their place again." || [|
* Sewall's Diary, vol. II., p. S4. The particulars were thus recorded by the Secretary : —
" An Express from Wells brought Intelligence, that yesterday an attack was made by the French
and Indians, upon the out parts of that Town, and that several Family s were cut off, but intimated
neither the number of the Enemy, jior the particulars of the mischief done there." — Ktrmtim
U of the Council, vol. 3, p. 46S. August 11, 1703.
j Ibid.
X Sewall's Diary, vol. II., p. S4.
§ Penhallow sums up the story of this onslaught of the enemy as follows : —
" . . for within sis weeks after, the whole eastern country was in aconflagration.no house standing
nor garrison unattacked. August 10th, at nine in the morning, they began their bloody tragedy,
being about five hundred Indians of all sorts, with a number of French; who divided themselves
into several companies, and made a descent on the several inhabitants from Casco to Wells, at one
and the same time, sparing none of every age or sex." — Indian Wars, p. IS. See, further, note
to chapter 69,p>ost.
|i Executive Records of the Council, vol. 3, p. 470.
IT tt,id., p. 465.
** These " troopers" were " Elisha Doubledee, Thomas Cutler, Sen 1 . and Juni and Daniel Ever-
more," and for their service they received twentv shillings each. — Tt'fd.,] .
ft Ibid., p. 469.
;; See note to private act, number nineteen.
j§ For the date of Baptiste's capture see note to resolves, 1697, chapter 30; and for the final
negotiations for his relea.-e see private act, number nineteeu, and also resolves, 1705-6, chapters
13. 15, 36 and 51. and notes.
!||| Executive Records of the Council, vol. 3, p. 472.
302 Province Laws {Resolves etc.). — 1703-4. [Chap. 53.]
On the eighteenth the Council determined on a declaration of war by the following
vote : —
"Advised. That His Excellency do emit a Declaration against the Pennicooke and
Eastern Indians, setting forth their perfidy, treachery, barbaritys, murders, and rapines
committed upon Her Maj'y' 8 good Subjects, Declaiming them to be Rebels and Enemys
against Her Majesty her Crown and Dignity, to be out of her Maj [ . v ' s Protection, and to
require all Her Maj'y' s good subjects to Treat them as such, and to do ani execute all acts
of hostility upon them, and also to restrain the neighbouring Friend Indians, to their
respective plantations and places assigned to them." — Executive Records of the Council,
vol. 3, p. 473.
On the nineteenth the Commissary-General was ordered to supply subsistence for the
forces raised to prosecute the war, "and that the Stores and Magazine for the Eastern
parts be lodged at M r Peperels Garrison in Kittery."*
At the same time Colonel Hobby (afterwards Sir Charles Hobby) with " ten of the
troop of guards" was dispatched to Hingham and Weymouth with orders "to make a
draught of Twenty Men out of each of the s f i Towns,"* to make good a deficiency caused
by the default of Colonel Ephraim Hunt to levy the soldiers "ordered from his regiment."
While these proceedings were taking place near the seat of government news was re-
ceived of the engagement of the enemy at Casco Bay, as appears by the following entry : — ■
"Aug. 20, 1703. His Excellency communicated to the Council a letter Expressed to him
from Major March, Commander of her Maj')' s Fort at Casco Bay and another from Captp
Southack Commander of the Province Galley, now there, containing a Journal of the
Insult made by the French and Indians for several days together upon that Fort, and of
the Galleys engaging them; Capt'j Southack withal intimating that he durst not come
away until some assistance came." — Ibid., p. 475.
Upon this the following action was taken : —
" His Excellency Exprest an Order to CaptP James Gooch at Plymouth, and the Com-
manding Officer of the Souldiers embarqued on his sloop, to sayle directly to Casco Bay,
his former order notwithstanding." -rlbid.
The next day the Commissary-General was ordered to provide, for the forces raised, five
hundred each of hatchets, powder-horns, belts and " snapsacks," and five hundred pairs
of large shoes and stockings, and to lodge the same with the several commissaries, to be
distributed among the soldiers as occasion should require. And at the same time he in-
formed the Council that he would order fifty firearms to be " prepared " to be sent to each
of the garrisons at Kittery and Casco Bay to be temporarily exchanged for defective arms
until the latter were put in repair and returned to the soldiers in service. He also promised
to " give order to fit up the house on Fort Hill in Boston, to receive and lodge the publick
stores of Amies and ammunition." t
Two days later a warrant was ordered by the Council "to impress six or eight Shoe
Makers, to be Imployed by direction of Ml Joseph Bridgham forthwith to make Shoes
for the supply of the Forces raysed for Her Maj'>'' s service." %
On the twenty-sixth arrangements for the exchange of prisoners as asked for by Brou-
illan having been concluded the Governor informed the Council that " he had ordered the
takeing up of a Sloop Phillip Pendexter Ml. to send to Port Royal with Ml Allen the Mes-
senger, that came from thence about the Exchange of Prisoners, and therein to send the
French Prisoners that are here, and to bring home ours that are there, and proposed she
should be victualled for fourteen Men, by the space of Forty days, and that he would
Instruct the Master to endeavour to speak with Capt" Southack or Major March by the
way ; and to have the assistance of Mr Allin for the recovery of our Captives, from the
Indians." $
From the first, Dudley seems to have regarded the demonstrations of the enemy as
promising a contest of considerable magnitude and calling for the zealous cooperation of
the other New-England colonies.
In a letter dated the thirty-first of July he informed Governor Winthrop of Connecticut
that intelligence received by him from Quebec made him " almost certayn of a marching
party for that river, another for Merimack River, another for Piscataqr, about fifty each.
If our people keep upon their guard, they will be weary in a short time, if our Indians
keep steady, which is most probable they will do." ||
On the twelfth of August, before these last tidings confirming the onslaught at Wells
had reached Boston, he communicated to the Council a letter he had " written to the Govr
and Council of the Colony of Rhode Island, for the assistance of a Foot Company of Fifty
Men upon this occasion." IF
On the twenty-third he communicated to the Council the answer he had received to
his letter to the authorities of Rhode Island, in which Governor Cranston informed him
" that they could not spare any " men for the service against the enemy.
The demand upon Rhode Island seems not to have been further pressed. Dudley ap-
pealed to Connecticut (evidently with greater hopes of success) for a company of sixty men
to join the eastern forces. His first "letter for this reinforcement is dated the sixteenth
of August',in which he declared that after peaceful relations with the Indians, preserved
with care and cost for one year, " about two hundred of them with twenty French men
the last weeke fell in upon Wells and the small settlements eastward, and have burnt
* Executive Records of the Council, vol. 3, p. 474.
t Ibid., p. 476.
1 Ibid., p. 477.
§ Ibid., p. 478.
|| For the correspondence between Dudley and Winthrop relating to the joint action of the
colonies against the common enemy, the public is indebted to the collections of the Massachusetts
Historical Society, vol. III., sixth series, p. 137, et seq. This correspondence -will be referred to
hereafter as " Winthrop Papers."
IT Executive Records of the Council, vol. 3, p. 469. 1 Ibid., p. 472.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 303
and destroyed what they found distant from the garrisons, and have assaulted the forts
at Saco, Blackpoint and Casco, but they are yet safe. And I am now makeing up the
forces already out to five hundred, that we may be able to march and keep the field, ami
we must be content to make it a business now to follow them. While we are thus in a
hurrey, your Government, at least the greatest part of it, are in peace and very capable
to give the Queen's subjects yo r bretheren their assistance," and, he continued, "If at
present you would give us one good company of sixty men with officers fit for the ser-
vice, I would send a good sloop to take them up in any part of your Government, and
take care for their subsistence and treat them as I ought." And if your Indians would any
of them be serviceable, I should be glad they were put under proper officers. Also I pray
you to let me have your answer to this as soon as may be."*
Winthrop replied on the nineteenth f expressing his sorrow for the mischief done by
the enemy, — a " loss not to be made up by the distraction of the whole race of those bar-
barous and false villaines," and declaring that, " since the best and most generous indul-
gence lavisht vpon them would not oblige them to a certaine freindship, there remaines
noe securety for us but utterly to distroy them. I have appointed the Council to meete me
at Say-Brook next Tuesday and shall lay before them your last letter with all the insinua-
tions I can for their assistance, w<* neede not be doubted, as far as they are able in the
absence of the Genii Assembly."
He also reported that he had ordered "the Major of the County of Hartford to post
away 50 well fitted dragoones to Hatfeild, under the comand of Cap.' Cooke, a good officer,
who presently marched with his company and quartered in the feikls of Hadly the next
night. I expect hourely an ace* from him of his preceding, and what has hapned of moment
shall be posted to you," and added, " I wish success to your amies against that barbarous
people and will doe all I can to preserve your plantations up the river."
This was followed by another letter j from Winthrop dated Saybrook, the twenty-third
of August, communicating the opinion of the Council of Connecticut that the preparations
they were making for defence of the western frontier would be all they could do for the
present, but promising to prepare " the Indians in this Government " " with a fitting number
of English" to march to the eastward if occasion should so require and to recommend
Dudley's snggestion to the next General Assembly, adding that " the dragoons " dispatched
to Hatfield had returned without discovering any of the enemy.
Winthrop also issued a proclamation $ denouncing the Pennecook and Eastern Indians
as enemies to the queen, declaring them to be out of her protection and worthy to be
treated as outlaws, forbidding all inhabitants to hold intercourse with them, and enjoin-
ing all good subjects "to doe and execute all acts of hostilitie upon them" and to arrest
all stranger Indians found within the colony.
On the thirtieth of August Dudley renewed his application to Connecticut for aid, rep-
resenting that he had " now 900 men, besides officers, in pay and yet cannot march above
half that number, our forts and garisons are so many and so far extended beyond Merri-
mack River in the province of Mayn, that the other half can but well keep the inhabitants
steady from leaving their posts ; and the charge of this number of men with incidents can-
not amount to less then thirty six thousand pound per annum, and no gentleman of her
Majestyes Council hgre thinks it yet sufficient, but that our marching partyes must be
more, the enemy haveing to our best observation appeared not short of 500 men," and
continuing his appeal thus : " S*, I pray you to let it be duly considered, and I hope your
Council and Assembly will remember that the interest is in common between us all, and
the French will not distinguish, but intend the mine of the English interest every where,
which God will prevent, and the next humane means is our joynt resolution to destroy
these barbarous miscreants that no methods of justice or freindship can oblige. I pray
you to think that my expectation of one company this way is a very little quota. I thank
your care in Hampshire and desire it may be continued, because I cannot reasonably
expect they will be quiet." ||
To this letter Winthrop replied from New London on the second of September, express-
ing satisfaction that the enemy had inflicted so little injury on the frontiers, and his sense
of the charge of securing the forts and garrisons and maintaining the forces acting against
the enemy if " some way be not projected to shorten the work." With regard to the pros-
pect of successfully pursuing the enemy " through the hideous & unknowne passages "
of the wilderness, and of the recovery of "the poor distressed captives" (the proposed
methods of accomplishing which he had not heard), his words were not encouraging. The
letter concludes as follows : —
"I make noe doubt that our gentlemen, who have a just sympathy with you in this
publick calamety, will concur wiih you as they are able in any proposal! that may seeme
probable, to subdue for ever those barberous & inhumaine villaines. I have appointed a
scout of 20 English & 12 Indians, who are now out, to visit Woodstock & from thence to
range downe to Conecticot River against Windsor, where their store of provition lyes,
and they are to continue that service till farther order, & 60 dragoones be ready to assist
yo r upper plantations, & it will be necessary that I have notice of y e motion of y e enemy
as often as may be. I wish a continued course of succes to all yo 1 ' indevors against the
enemy, and am S r , Yo r very humble serv*
J : Winthrop." — Win-
throp Papers, part V.,p. 151.
Before the date of this letter the Assembly of Massachusetts had convened in its second
session, opened by Dudley with a speech in which he addressed the representatives, as
follows : —
"Sept. 1, 1703. Gentlemen, When I prorogued this Assembly, I did not intend to have
troubled you until the ordinary Time of your Session in October, But the sudden Eruption
* "Winthrop Papers, part V., p. 159.
t Ibid., p. 145.
J Ibid., p. 148.
§ Ibid., p. 146.
II Thirl... n. ISO.
JOIU., p. J+O.
Ibid., p. 150.
304 Province Laws {Resolves etc.). — 1703-4. [Chap. 53.]
of the Eastern Indians has made it necessary for me to see yon & to let you know the
present State of the Province & y r . r Affairs. I am not sorry for the Pains & Cost I have
taken in the two last Interviews with those Indians, if possible to have kept them in Obe-
dience, Notwithstanding the Infraction they have now made upon us, Because I am well
assured that her Majesty will be satisfied that We are not the Aggressors, But that all
this Breach of Faith is oil their Part by the Instigation of the French Missionary's amongst
them, who attended them in the late Mischiefs ; And I hope your selves & all her Majesties
good Subjects will with the better Courage & Freedom support the Service & Charge of
the War, when no possible Methods of Justice & Friendship can oblige them to Obedince,
which they have so often promised & repeated.
I am not sensible to have neglected one Hour in the Service for the Security of the
Frontiers, notwithstanding their sudden & secret Falling upon the whole Province of
Main at once at the Distance of Fifty Miles; The Garrisons at Wells, Saco, Black Point
& Casbo were so well appointed as to hold their own, And the two last were relieved in
four Days, Time ; And I have now upwards of four Hundred Men in the Province of
Main, W<& I doubt must be encreased, Wch has brought up the present Forces to the
Number of nine Hundred, The List whereof shall be laid before you.
I am very sensible what great Charge this must necessarily bring upon the Province,
but I hope none of her Maj'^ Subjects" will doubt of our Duty to support our Frontiers,
or of our Prudence to keep the War as far off as We can.
I have earnestly moved her Maj"? Governing of Connecticut & Rhode Island for a
Quota of Men from thence, which yet I doubt of', But that must not abate, but be added
to what is already a foot if I can obtain it. . . ." — Council Records, vol. VII., p. 420.
On the second day of the session a message was sent from the representatives " to
return his Excy. theThanks of the House for his early Care of the Frontiers upon the
Infraction made by the Indians, And to desire that His Excy. would please forthwith to
raise such further Force as with those now in the Service may form a suitable Army to
pursue them to their Head Quarters if it may be."* On the same day the vote which
constitutes this chapter was passed by the Council and sent to the House of Representa-
tives for concurrence, and on the third of September it was concurred in. On the sixth,
Dudley again applied to Governor Winthrop for aid, and ordered the Secretary of the
province to enclose a copy of the vote which is incorporated in this chapter. Dudley's
letter was as follows : —
"Boston, Sept. 6. 1703.
Sr, — The affayr of the war is so pressing that I have now eleven hundred men in pay, and
hope speedily to have halfe that number in a marching party to the head quarters of the
enemy. I have seen it also necessary to meet the General Assembly of this Province in
an extraordinary session to provide for so great a charge, who have very freely agreed the
necessity of all that is done, and have observed to me the neighbourhood of your govern-
ment and the justice of your being equally concerned in the war, and earnestly moved
me in the most pressing manner to put you upon it, for that is the common interest. I
therefore desire you will again consider the matter and perswade your Council or Assem-
bly of the respect thev owe to their bretheren of the English nation in these provinces, to
afford them such assistance as will be honourable for your Government and agreeable to
the just expectation of her Most Gracious Majesty, who is most succesfullv engaged in a
vigorous war against the common enemy of the liberty of Europe and of the Protestant
religion. Which I shall represent to her Majesty, and will be to the* honour of your Gov-
ernment. I have directed the Secretary to enclose a copy of the vote of the Council and
Assembly of this Province, wherein you will see their expectation from you, and which
has moved me again to urge you in this matter.
I am, Sr, your humble Servant,
J. Dudley." — Win-
throp Papers, part V.,p. 152.
To this Governor Winthrop made the following reply : —
<< sr, — Your Excellence's letter of the 6'- h instant I received by the post last night and
will lay it before the Gen 1 . 1 Assembly with all the aduantage I can for yo5 service, who
onely (as you know) have power to raise men and send them out of the Governm'. I have
enclosed a* letter from the Council of Warr at Hartford and one from Coll: Partridg &
Major Pynchon, that you may know the state of yo r upper Plantations. Being much in-
disposed to day, I cannot otherwise give you acct of it & desire they may be returned to
me with a former I sent to you from Coll : Partridg.
I am S r , vor very humble sery' J : W.
New London, Sept 9'- h 1703." — Ibid., p. 153.
The general assembly of Connecticut having convened on the fourteenth of October,
Dudley again renewed his application in the following letter : —
" To the Honorable John Winthrop Esq'-, Govemour of her Majesty es Colony of Con-
necticut. „
Boston, 21 October, 1703.
S r , — I wish you a sood meeting with your Assembly. I hope they will be disposed to
shew their respect to these provinces at this time. I beleive truly I am to day at 90«- a day
expence, and if I be broke here you will stand but a little while. My forces are now abroad ;
the next march must be about 'Ckristmass upon the ice, when I hope you will give us a
good foot company. I pray you also to send down the Quabaug Indians your scout brought
in ; Nonequaban is a dependant here and I understand they are his family. S. r I wish you
health, and am S' Your very humble ser',
J. Dudley. — Ibid., p. loO.
* Council Records, vol. VII., p. 430.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 305
The following extract shows the action taken by the assembly of Connecticut: —
[October, 1703.] "Whereas his Excellence Colon" Dudley, Capt. Gen r " and Comand r
in Chief of the Province of the Massachusetts Bay, hath signified to the Govern" Hon r
that the Gen r11 Assembly of the said Province dothearnestly desire one hundred men well
appointed, from this Colonie to march to the eastward, to assist them in the warre against
the eastern Indians, —
Voted that the Hon bl the Govern 1, be desired to informe his Excellencie, that the season
of the year is such, that they cafiot judge it practicable to send their men into such a re-
mote part of the countrey at present, but as in this time of warre wherein they are inforced
to be at great expences for the securitie of their frontiers, they have notwithstanding been
at considerable charge for the assistance and defence of their plantations in the countie of
Hampshire, so they shall be ready at all times to afford them further assistance as they
are capable." — Colonial Records of Connecticut, 16S9-1J06, p. 444.
Winthrop communicated this action of the assembly in the following letter, by which
it appears that the foregoing vote was passed before Dudley's letter had come to Win-
throp's hands : —
" New-London, Nov : 4'. h 1703.
Sf, — I reed, your letter of Oct: 21 s .' at Say-Brook ferry, in my returne from the Court
at New-Haven, but could not then salute you, nor assure your Excellency, as I was desired
by our Gen'J Assembly, of their readines to be concerned in the present war with the East-
erne Indians, haveing already made declaration against them as traytors & rebells to her
Majesty. I must confes I am at a great loss for the best way to make our assistance suc-
cesfull to your service. Many (of good conduct) are of opinion that your plantations of
the County of Hampshire will constantly be exposed to danger during the war, and that
a good Company must be allwaies ready to assist them. And if the enemy (pressed by
your forces) should be dislodged, they would be necessited to devide into skulking partyes
and may then aptly fall upon those plantations as neere & new places for their mischeif,
and soe may require our whole strength to secure them and our owne frontires, and to
kepe out partyes of scout to range above the plantations. And since wee are not able to
kepe out marching partyes to assist in every quarter, the Genii Assembly seeme to con-
clude at present that they shall doe her Majesty more service by securing, as they are
able, the County of Hampshire (w* has allwaies fallen to their post in all tymes of diffi-
culty) than to joyne yoj forces eastward this winter with one company, as yoy Excellcy
has desired. This is the substance of what I am desired to comunicate to your Excelency
by our Assembly, relateing to their present assistance. I wish you health & hapines and
am sincerely Your very humble serv',
J : AVinthrop." — Win-
throp Papers, part V.,p. 159.
The above letters were followed by other correspondence between the two governors
relative to combining their forces against the enemy on the eastern frontier. Dudley did
not communicate this last letter to the Legislature until the fifteenth* of November,
twenty days after the beginning of the third session of the General Court.
Little less than a month later, Dudley had the satisfaction of informing the Council
"that offer had been made him from Connecticut, of marching the Friend Mohegin
Indians, under the Conduct of proper English Officers into the Eastern parts, and to
live there all the summer, upon the encouragement proposed by the Gen! Assembly and
being allowed subsistance." Whereupon it was, " Advised. That they may be improved
accordingly." t
What further reply, if any, the authorities of Rhode Island made to the Governor's
application in the name of the General Court has not been discovered.
While Dudley and Winthrop were awaiting the assembling of the Connecticut Legisla-
ture, the Legislature of Massachusetts passed chapters 6 and 7 of the acts of this year, —
the former '• An Act to encourage the prosecution of the Indian enemy and rebels," on
the eighth, and the latter " An Act relating to the forces that are or shall be imployed on
her majesty's service within this province," on the ninth of September.
Chap. 54. This chapter is from council records, vol. VII., p. 433. It has not been
found in the archives.
The petition mentioned in this chapter has not been discovered.
Chap. 55. This chapter is from council records, vol. VII., p. 433. It has not been
found in the archives.
Chap. 56. This chapter is from council records, vol. VII., p. 434. It has not been
found in the archives.
Chap. 57. This chapter is from council records, vol. VII., p. 434. It has not been
found in the archives.
See the petition of Duncan Campbell in note to resolves, 1696-7, chapter 13, which
resolve was the last grant before this year for the support of the post-office. For other
legislative proceedings relating to the post-office see chapter 30, ante, and note.
Chap. 58. This chapter is from council records, vol. VIII., p. 2. It has not been
found in the archives.
The petitions upon which the order constituting this chapter was passed having been
lost from the Secretary's office, and important papers relating to the subject of this order
* Council Records, vol. VIII., p. 8.
f Executive Records of the Council, vol. 3, p. 500.
306 Province Laws {Resolves etc. ) . — 1703-4. [Chap. 58.]
having disappeared from the files of the town clerk of Boston, it has not been found practi-
cable to ascertain positively the reasons which induced the petitioners to ask for the closing
of the drawbridge, nor the precise grounds upon which the remonstrants claimed the right
to a draw. These reasons, however, may be inferred from the motives which induced pre-
vious similar efforts, as shown in Boston Town Records. By these records it appears that
on the 31st of July, 1643, at a meeting of the selectmen, the monopoly of erecting public
corn mills in Boston was granted to Henry Simons, George Burden, John Button, John
Hill "and their partners," upon condition that, within three years from the date of the
grant,they erect, to be forever maintained, one or more corn mills at or near an outlet of
the artificial tide-mill pond formed by a causeway or dam on the western side. As an
encouragement to this undertaking " the partners" were granted three hundred acres of
the town's land in Brain tree, and the selectmen promised to use their efforts to secure vol-
untary assistance in case of any emergency requiring the employment of a large force in
making the necessary "bankes or trenches, etc." The causeway (which is mentioned in
the note to chapter 47, ante) was to be provided with a gate ten feet wide for the entrance
of boats at flood-tide ; and the whole cove thus enclosed was granted to the partners in
fee simple.
In case the partners should choose to open another sluice for mills on the eastern side
of the pond, they were granted in fee a strip of marsh sixty feet wide extending from the
pond to the harbor side, and the following is the language of the grant conferring the
right to dig the necessary sluice-way or watercourse through the marsh and across
the highways : —
" Sixtly. They shall have Liberty to Digge one or more Trenches in the high wayes or
wast grounds, so as they make and maintayne sufficient, passable, and safe wayes over
the same for horse and Cart." — Boston Town Records, 1634-00, p. 75.
The conditions upon which the grant was made appear to have been duly complied with,
and a trench was dug to connect the mill pond with a natural creek in the marsh on the
eastern side. This trench crossed the line of the present Hanover and North streets and
was used not only as a sluice-way but for the passage of vessels for the accommodation
of the mill owners and their customers. At North Street it was spanned by a bridge,
which, it seems, was originally built with a draw of one leaf, and was so accepted by the
town authorities. But in 1653 the mill proprietors upon their petition were permitted to
substitute two leaves. It was repaired in 1655, and it having fallen October 27, 1659,
under the weight of a mass of people returning together from the scene of the execution
of the Quakers, on Boston Common, it was rebuilt that or the next year.
In 1672, the draw being out of repair and the bridge dangerous to passengers on this
account, the selectmen ordered all vessels above it to move out, and that the leaves be
lowered to a level and locked, " and a plank spiked down," or that some other measure be
adopted to prevent accident in using the draw.
In 1686, during the presidency of Dudley, the Court of Pleas and Sessions of the Peace
threatened to transfer the title of the bridge to the town of Boston unless the proprietors
should cause it to be properly and speedily repaired. This appears by the following copy
of the record of that Court : —
" At his Majesty's Court of Pleas and Sessions of the Peace holden in Boston for Suffolk
on yf 27 th of July 1686 Anno RRis Jacobi Angl<* §e« Secundi Secundo., — >
On Thursday. 2 d Septembj the Court met on adjournment :
Present.
William Stoughton Esq 1 '. Judge
Edwd Randolph Esqr ) . , roi]nH ,,
John Usher Esq'. . J ot tne LouncU1 -
John Richards Esqr \ A stints
Simon Lynd Esq ; J Assistants.
The Grand jury for Our Sov>; L d the King Presented upon their Oathes that the Bridge
Drawbridge m Boston over the mill-creek commonly knowne by the name of the draw Bridge was
present 1 } defective and very dangerous which appearing to the Court they Ordered That the pro-
prieto's of the draw Bridge or those that are Concerned in it and have benefit by the
Same shall repair it within five weekes time and make it Sufficient otherwise it is to fall
into the hands of the Towne of Boston aforesd To be by them Sufficiently repaired." —
County Court, Suffolk, 1680-1692, pp. 295, 308 and 309.
It is probable that the proprietors concluded to rebuild the bridge according to the fol-
lowing order of the selectmen, since for several years afterwards no complaint or order
for repairs has been found : —
" 1686. Aug' 21 Ul . At a meetinge of D r Elisha Cooke & Elisha Huchinson Esq s . Capt.
Tym°. Prout, Capt John Faireweatk 1 '. M r . Edward Willis, Deacon Henery Allen, John
Joyliffe & Capt Daniell Turill
It is Ordered that the Drawe Bridge be forth with rebuilt by James Russell Esq. &
others concerned therein, that are to mainetaine it. And that the vpper pte of it be not
raised at the posts any higher then the bottome of the groundsell of John Batemans
dwellinge house, and it be full 11 foote broade betweene post and post." — Boston Toivn
Records, 1660-1701, p. 188.
Between the above date and the passage of the order which constitutes this chapter, the
town authorities took action regarding the alteration and repair of the drawbridge.
The following letter from Governor Dudley to the selectmen of Boston, which some
years ago was transferred from the office of the town clerk of Boston to the collection of
manuscripts of the late Professor Leffingwell, indicates the date of the beginning of the
final movement to have the drawbridge superseded by a permanent structure : —
[Notes.] Province Laws {Resolves etc.). — 1703-4. 307
Gentlemen " Boston. 30. July. 1703.
About ten weeks since I received a petition from severall Inhabitants of the Town of
Boston praying that the drawbridge might not be rebuilt again in form of a Drawbridge
being in one of the principall streets of the Town and very'dangerous for passengers, and
being at that time fallen down, whereupon I gave a warrant to m r Sherriff Dyer to prevent
any thing to be done therein untill the matter might be heard before my self in Council
and to give notice accordingly to the persons Concerned therein since which I have had
no application made to me thereabout
I Desire you therefore that you will take order to have that passage over the Creek
brought to its Due breadth and Direct that the bridge be repayrd and setled firm so that
there be no further danger nor Complaint thereupon and do not doubt of your doing your
duty therein for the benefit and security of the Inhabitants of Boston and all other the
Queens subjects who have Constant vse of the same
I am Gentlemen your humble servant
J Dudley
select men of Boston." — Leffingioell collection of tnanuscripts.*
By an entry in the executive records of the council f under date of August 11, 1703, it
appears that Mr. David Jenner and Captain John Ballantine "on behalf e of themselves
and several of the Neighbourhood " made a "representation " to the Council upon which
an order was passed "That there be a hearing of that matter the next Council day, and
that the Selectmen of Boston be notifyed thereof , and then to attend."
The next entry that has been discovered is the order which constitutes this chapter.
The record, under date of the third of November, shows that, at the time appointed, "the
petitions . . . were adjourned to be heard to Morrow ; " % and, accordingly, on the fourth,
the Governor sent a message summoning the Speaker and the representatives to attend
the hearing before the whole court, in the council chamber. After the hearing the repre-
sentatives returned to their chamber, and on the next day the Council passed and sent to
them for concurrence the following resolve : —
" In Council. Novemb r r 5 th 1703. —
Upon Consideration of the Case, referring to the great draw-bridge over the Mill-Cricke
in Boston, heard yesterday before both Houses. —
Resolved,
That it is not reasonable to continue a draw-bridge there.
That it is not possible to make the passage safe for the Inhabitants, or others, & for
goeing over with Carts or Horses ; without a setled & fixed Bridge, which is therefore
ordered to be kept close until further order, And the sides of the said Bridge, and the
Corners of the street at each end thereof to be forthwith enclosed and secured
And whereas Cap*? Ballentine m£ Jenner and others have alleaged before this Court,
That they have a just title to a drawbridge over that part of the s l J Cricke and that the
shutting of it up will be greatly to their damage. —
Resolved,
That John Clarke, Thomas Palmer and Edw<J Lyde Esq™ m* Simeon Stoddard, m. r
Thomas Bannister, ml Richard Draper and mL Edward Thomas, or any four of them,
whereof the s<} John Clarke, Thomas Palmer or Edward Lyde to be one, Be and are
appointed a Committee of this Court to Inquire into, hear and report the Titles of the
several Claimers, and the just damages that will accrue to the said Ballentine and others
by fixeing of the said Bridge, that just satisfaction may be made them. — As also to con-
sider and Report the best form for laying and fixing of the said Bridge, to accomodate
Passengers, and the passing of Boats and Lighters without masts, under the same for
the benefit of the Inhabitants above, to transport wood and Goods through the same The
said Committee or a Quoru of them to appoint the time and place of their meeting, and
make the same publick. And to Report their doings on the whole affair to the General
Assembly at their next session." — Mass. Archives, vol. 121, p. 118.
With this resolve all the papers were transmitted. On the sixth, the representatives
voted not to concur in the foregoing resolve, which vote was sent to the Council and was
recorded by the Secretary on the eighth.
The subject came up again for consideration in the fifth session, on the petition of sev-
eral of the freeholders and inhabitants of Boston represent in g that the drawbridge was a
common nuisance, and praying " that it may be made a fixed bridge." The folfowing is
the record of the proceedings upon this petition : —
,r April. 19th 1704. In Council.
._ Upon the renewed Application of a considerable number of the freeholders and Inhab-
itants of Boston, Representing the Drawbridge over the mill Creeke in the said Town, to
be a common nusance, and very prejudicial to the Trade of that part of the Town. Pray-
ing that it may no longer be used to draw up, but may be made a fixt bridge. —
Ordered That John Clarke Thomas Palmer Edward Lyde & Sam. 1 Lynde Esql? m r #
Simeon Stoddard, m.r Thomas Bannister & mf Richard Draper or any four of tliem;*
whereof the s^ John Clarke, Thomas Palmer, Edward Lyde or Samuel Lynde to be one,
Be and are hereby appointed a Committee to Inquire into, hear and report the Titles of
the several Claim" to a right or priviledge in the said Bridge and the just damages that
will accrue to them or any of them by fixeing of the said Bridge, The said Committee or
a Quorum of them as aforesaid to appoint the time and place for their meeting ; giveing
publick notice thereof And to Report their doings therein to the next General Assembly,
* Professor Leffinsrwell's collection has been sold at auction since his decease. The number of
the ahove paper in the sale-catalogue was 3,717.
t Vol. 3, p. 467.
X Council Records, vol. VIII., p. 4.
308 Province Laws {Resolves etc.). — 1703-4. [Chaps. 59, 61.1
That such proceeding may be had and Direction given therein as the Court shall thinke
fit. —
Sent down for Concurrance. Is* Addington Secry
In the House of Representatives Apr' 20' : " 1704. Read & not Concurr'd.
Jams Converse Speaker." — Ibid., p. 120.
Still another petition was presented to the next General Court of which (and of the
proceedings thereon) the only record extant is as follows : —
" June 21, 1704. Upon Reading a new Petition referring to the Draw Bridge over the
Mill Creek in Boston, That the said Bridge he not rebuilt in that Form ;
Ordered that there be no Proceeding in the Building of the said Bridge until further
Order. — W<;h Order being sent down to the Representees f or their Concurrence, was re-
turn'd not Agreed to." — Council Records, vol. VIII., p. 59.
On the eighth of August, the Governor and Council passed the following order : —
"Ordered. That Elisha Hutchinson, John Foster and John Wallev Esq™ be a Com-
mittee, to whom the persons claiming propriety in the great draw Bridge in Boston may
apply to view and advise about the projection for Building of a new Bridge, how it may
be contrived and done, with the greatest ease & safety, for the passage of Travailers and
carriages ; the Committee to Report the same to the Board." — Executive Records of the
Council, vol 4, p. 55.
From this time forth the subject of removing the draw, or widening or rebuilding the
bridge, continued to be agitated by the town, in the Assembly, or in the Court of Sessions ;
but it was not made a fixed bridge until 1712.
Chap. 59. This chapter is from council records, vol. VIII., p. 3, and archives, vol.
62, p. 445.
The following is the petition mentioned in the preamble to this chapter : —
" To his Excellency Joseph Dudley Esq?: Captain General and Governour in chief, the
Hon ble Council And Representatives of heir Mat.y s Province of the Massachusetts Bay in
General court Assembled.
The Petition of David Jeffries of Boston Merchant on behalfe of himselfe, and other
the Owners of the Ship Byfrons, Thomas Holland commander. —
Sheweth,
That the said Ship being bound from the Island of Madera — to the Port of Boston,
having on board a cargo "of Wine, to the Quantity of about Fifty five Pipes, was con-
strained by contrary Winds to put in to Piscataqua, where soon after her Arrival, there
arose a violent Storm, whereby the said Ship was cast on Shoar and fill'd with Water,
and though with much difficulty and charge the s d Wines were gotten out, yet very great
loss has hapned thereto, by Leakage, chilling, and mixture with the Salt Water. Besides
the damage befallen the Ship, which lyes full of Water to this time, and not gotten up. —
Wherefore your Petitioner humbly prays, That on consideration of the very great loss
and damage Occasioned to the Owners of the said Ship by means as afores d Yo 1 : Ex iv &
hon rs would be pleased to remit and Abate to them, the Dufys of Impost payable fpr' the
6 d Wines. As in like case you have been favourably pleased to do for some others. —
And your Petition"; as in duty bound Shall forever pray &c. —
Boston Octob^ 27* 1703. David Jeffries." — Mass.
Archives, vol. U2,p. 444.
This petition was read, first, in the Council, on the twenty-eighth of October and sent to
the House for concurrence, where, on the same day, it was read twice and the order which
constitutes this chapter was passed and sent up for concurrence. On the thirtieth it was
concurred in and consented to by the Governor.
Chap. 61. This chapter is from archives, vol. 70, p. 648. It is recorded in council
records, vol. VIII., p. 4.
The services for which Brattle was requited by the allowance granted in this chapter
were continued under chapter 40, ante, and are described in the following petition : —
" To his ExcelR v Joseph Dudley Esq' Captain Generall & Govern' in Chief in & over
Her Majts province of y e Massachusetts Bay in New England, & to y e Honbie Council &
Representatives now Convened in Generall Assembly in Boston
The petition of Tho-Brattle of s d Boston
Most humbly sheweth. That whereas yo r petition r was by his Excels agreeable to y e
advice of y e Generall Assembly desired & directed to continue to undertake y e care &
service of procuring materialls of brick, lime, stone, timber & other necessaries, with
Workmen & Labour" for y° carrying on & finishing y e Fortifications on Castle Island,
as ColJ ROmer her Maj'j Engineer should advise to be prepared & got in readiness for
that purpose ; & Whereas yo r petition 1 ' has diligently attended s a service for ye space of
five months, devoting his whole time thereunto, & faithfully discharged j ,e trust reposed
in him in every respect, & would gladly have continued in s<i service till s d Fortifications
were wholly finished, could yo r petition' have borne any longer with y e s d Romers ill
nature, or ben protected from his unreasonable usurpations & abuses —
Yo r petition 1, therefore dos humbly pray y s Hon b l e Assembly will be pleased as heretofore
to take his said service, w ch has ben more difficult than in y e two former yeares, into yo r
present Consideration, & to order him clue payment & satisfaction for y e same, propor-
tionable to y e Extraordinary Care & pains he lias taken therein.
And yo v petition 1, shall ever pray &c.
Boston 6 th 7ber. 1703. Tho. Brattle." — Mass.
Archives, vol. 70, p. 647.
This petition was presented at the previous session and was read in the House on the
seventh of September, and again on the twenty-eighth of October. On the first of Novem-
[Notes.] Province Laws {Resolves etc.). — 1703-4.
ber the resolve which constitutes this chapter was passed and sent to the Oouncil for con-
currence. On the next day it was concurred in and consented to by the Governor.
The order in Council* for the payment of this allowance was passed December 13, 1703,
and the province treasurer's account f shows that it was duly paid.
Chap. 63. This chapter is from archives, vol. 40, p. 770. It is recorded in council
records, vol. VIII., p. 5.
By chapter 8 of the resolves of 1702-3 the hearing on the petition of Gibson against
Gove was referred to the first session of the General Court this year. By chapter 3, supra,
it was again continued to the second session, and still further postponed by the general
order which constitutes chapter 56. Since no new petition has been discovered, the in-
ference is that Gibson's petitiou, which appears in the note to 1702, chapter 48, was kept
alive and considered with the later petition referring to the controversy, which, being
merely subsidiary, was not formally acted upon. The following extract from the coun-
cil records shows the proceedings in the case at this session : —
11 Nov. 3, 1703. This Day being appointed for the Hearing of several Petitions continued
from the last Session, His Excy sent a Message to the Represents to acquaint M r Speaker
& the House, that he was in Council, ready to proceed to the s<} Hearing, & to desire them
to come up to the Council Chamber — M r Speaker & the House being come up, Samuel
Gibson of Cambridge was heard upon his Petition, complaining of a Mistryal in a Suit
commenced against John Gove of Cambridge for a Trespass, first brought before Joseph
Lynde Esq; - Justice of the Peace, & removed by Appeal to the Inferiour Court of Common
Pleas within the County of Middlesex in the Year 1694, 5." — Vol. VIII., p. 4.
On the day following the hearing the Council passed the order which constitutes this
chapter and sent it to the House for concurrence. The representatives voted their concur-
rence on the fifth, and on the same day the Governor signed it.
The subsequent proceedings at law are shown in the following extracts from the records
of the Inferior Court of Common Pleas and of the Superior Court of Judicature : —
" Midd* ss// Charlestowne March : 14 : 1703/4 : At the Inferio r Court of Comon Pleas
Then and there held by her Majesties Justices for the County of Midd*/ — '
Then p'sent
Ja : Russell Esq r ]
Jno Phillips Esq' ! TTiatlVpH .
Joseph Lynde Esq' f Jusnces '
Jon* Tyng Esq 1 ' J
Sam 11 Gibson of Cambr : Glover pit ] Whereas the Great and Generall
vs j Court for her Majesties Province of
John Goue of Cambridge Turn r Defdt j- y e Massachusets Bay Novemb* 4 th :
Continued from x br Court last by agreement j 1703. Upon Consideracon of y e peti-
of y e pit & Defend* J tion of Sam" Gibson of Cambridge,
Complaining of y e undue proceeding in a suit Commenced against him in the year 1694
before Joseph Lynde Esq 1 Justice of the peace, by John Goue of the said Town of Cam-
bridge for Trespass, And removed by appeal, unto the Inferio 1 ' Court of Common Pleas
within y e County of Midd x , There haueing been no further hearing, Then as to y e plea
made by y e Defend 1 for abatement ; Ordered that there be a full hearing of the said Cause,
upon the merits theireof , at the next Inferio r of Comon Pleas within y e County of Midd x ,
and the said Court thereby being directed and Impowred To receiue and hear the said
Cause, and to Do therein that which to Justice pertaineth according to Law said Gibson
to Cause sd Goue to be sumoned with a sumons from the Clerks office of the said Court
fifteen Dayes, before the Courts sitting requiring him to appear. It being upon a Plea of
Trespasse vss said Gibson by Goue Commenced for Cutting and Carrying four Trees from
a Wood lott of Jn2 Goue in Cambridge neer unto Whittemores ffarme bounded West by
a highway leading from Menotarny Houses to Watertowne, and was sometime y e Wood
lott of M 1 " Richard Chamnee Deced, which Trees made neer a Cart Load, for w ch dammage
made and Done on sd Wood Lott on y e 22 th Day of of % January 94/5 : or neer about y»
time, the said Gove Claiming forty shillings in money to be paid him by said Gibson ac-
cording to y e Province Law made for y e preventing of Damage in wood and Timber &e.
said Gibson haueing no leaue from any p'son or p r sons owning the Land on w ch 6aid four
Trees did grow, as p r Attachment on file Dated March y e 8 th 94/5 : In p'suance hereof The
Pties appeared, sd Jn? Goue appearing by his allowed Attorney m 1 ' Edmund Goffe plead-
ing an abatement, The Court over ruled to hearing, said Goues pleas in abatement on file
being saved, The Attachment w th y e said Sam 11 Gibson y a former Defend 1 bis Plea to y 8
writt, That he is not guilty in manner & form and Evidences &c y e papers read, The Case
after y e hearing was Comitted to y e Jury, who returned theire verdict thereon finding for
y e pit Reversion of former Judgment and Costs of Courts. It is therefore Considered by
the Court, That former Judgmt be reversed, and y* y e pit sd Sam 11 Gibson shall recover
of the said John Goue the Defend*, y e Costs of Courts as aforesaid The Defend* Jno Goue
appealed from the Judgmt of this Court To y e next Superio 1 ' Court of Judicature to be
holden for y e County of Midd x and Gaue bond to prosecute, viz* March 20*'^ 1703 : Before
y e Honb]f James Russell Esq r one of y e Justices of y e Inferio r Court of Comon Pleas for
Midd x . p r sonally appeared ni r Edmund Goffe Allowed attorney to John Goue as principle,
in y e sum of fifteen pounds & Nathan" Dowse and Jon a : ffosdicke of sd Charlestown as
sureties in seven pounds Each became bound to Sam" Gibson, That y e said John Gove
shall prosecute his appeal from y e Judgment of this Court to y e next Superio 1 ' Court of
Judicature as aforesaid with Effect :
Aft? SA31I-I-: Phipps Cler." — Mid-
dlesex Court of Common Pleas : Records, vol. I., p. 53.
* Executive Records of the Council, vol. 3, p. 501.
f Mass. Archives, vol. 122, p. 186.
j Sic.
310 Province Laws {Resolves etc.). — 1703-4. [Chaps. 65, 66.]
" Middlesex ss Anno Regni Regince A?inee mine Anglice S$c Tertio.
At Her Majestys Superiour Court of Judicature, Court of Assize and General Goal-
Delivery Begun & held at Cambridge within & for the County of Middlesex on Tuesday
the Twenty fifth day of July. Annoy; Domini. 1704 — .
John Gove of Cambridge Turner Appell' us Samuel Gibson of s d Town Appellee from
the 'Judgment of the Inferiour Court of Common pleas held at Charlstown March 14.
1703 Its Considered by the Court that althoug by order of the General Court the Cause
was to be heard at the next Inferiour Court which fell in December last, yet that Court
having taken Connizance of it, & by Consent of Parties Continued it to the'next Inferiour
Court in March last the Tryal there was good And that the Tryal of the s 1 ' Cause being in
the nature of an Appeal from Ml Justice Lynde the order of that Court is final & the
Appellant can take nothing by his Appeal." — Records of the Superior Court of Judicature,
1700-1714, fol. 120.
Thus ended this protracted and profitless litigation.
Chap. 6o. This chapter is from archives, vol. 70, p. 651. It is recorded in council
records, vol. VIII., p. 9.
The following is the petition upon which this chapter was based : —
"To his Excellency Joseph Dudley Cap'* Gennerall And Gouerner in Chief in and ouer
her Maj'.\ s prouince in the Massachusetts bay in New England In America & to the
Honnourable Council and Assembly
I Humbly Represents to jo T : Excellency and Honnours ; : to peruse this my poor humble
petition vnder written Honnored s r I am Imboldened by your good nature And many
singuller uertues ; : especsually that of yo>" Neuer failing compastion to the Distressed ; >
I haue made it my humble petition at this time to your Excellency Beging and Intreating
that you would be pleas'd to Augment something to my monthly weages ; it being but
Thirty six shillings p? month; which is uery Little Considering the trouble that I meet
with all; being expos'd sometimes to weary and teadius Journeys in the woods > viz >
formerly to speak with the Indeans to come to your Excellency In order for peace; )■ &
since that two weary and teadius Journeys In the Army ; allthough the first wase to No
purpose ; .'• yet if it may please your Excellency I us'd the utmost of my Indeauer And in
the second I wase forwarde and Instrumentall in Discouering takeing and Destroying as
many Indeans as I could; and still would be if your Excellency will Imploy mee; also I
wouid Desier & Intreat your Excellency to consider my Lameness In my hand which by
the prouidence of god I gott in the Country seruis at saucorfortt ; Now Honnoured s 1 . my
Humble petition to your Excellency is ; that you would be pleas'd to Consider hear' off;
and to helpe me hear inn ;■ which is all att present I Humbly Begg Leiue to subscribe my
selfe your most Humble Pettitioner and Duttyfull seruant att yourCommand in all things —
Joseph Bean." — Mass.
Archives, vol. 70, p. 650.
This petition was read, first, in the Council, November 8, 1703, and sent to the House,
where it was read on the same day, and on the eleventh, the resolve which constitutes this
chapter was passed and sent to the Council for concurrence. On the sixteenth it was con-
curred in and consented to by the Governor.
The order in Council* for the payment of the ten pounds of this allowance was passed
December 13, 1703, and the province treasurer's accounts t show that it was duly paid,
and that, thereafter, for several years, he received the pension or annuity of three pounds
granted in this chapter.
Chap. 66. This chapter is from archives, vol. 70, p. 653. It is recorded in council
records, vol. VIII., p. 9.
The soldiers who were detached or enlisted to strengthen the forces on the frontiers, as
described in the note to chapter 53, ante, appear to have been ready to march by September
13> 1703, on which day a warrant was ordered by the Governor in Council for advancing
twelve pounds to James Converse who was placed "in command of Her Maj'- V ' s Forces
raysed ag s l Her Maj'- V ' s Enemies the French and the Indian Rebels."t The Governor also
set out for the seat of war "for the improvement of the Forces there," J attended by his
guards, for whose subsistence a warrant for thirty pounds was ordered, and still another
warrant was ordered for fourteen hundred pounds to be paid to Andrew Belcher, $ the com-
missary-general, for subsisting the forces in the " field and garrison."
A few days before, the General Court had passed the act to encourage the prosecution
of the Indian enemy and rebels, and the act for regulating the detachment, pay and sub-
sistence of the forces, as mentioned in the note to chapter 53, ante.
Early in October || the Governor returned, possibly accompanied by Converse. It is
certain that on the twenty-seventh the latter resumed his duties as speaker of the House
of Representatives. The following communication from the Governor to the Council at
their first meeting after his return shows how the army had been engaged up to that
date : —
" October 14, 1703. His Excellency being returned this Week from Piscataqua, Intimated
* Executive Records of the Council, vol. 3, p. 501.
f Mass. Archives, vol. 122, p. 193,e< seg.
j Executive Records of the Council, vol. 3, p. 483.
§ Belcher's account as commissary-general was passed upon by the Governor and Council on
the fourth of November. By this, it appears that his entire disbursement for provisions, clothing,
stores and utensils supplied to the several forts and garrisons, "eastward," and for the province
galley and transports, amounted to £3,229. Is. bd., in reimbursement of which he had received
£1,403. 2s. Gd. A warrant was ordered to be issued for the remainder. The period covered was
from the fourteenth of September to the twenty-third of October inclusive, which shows the dura-
tion of the first campaign.
|| Apparently on the eleventh, since his guard were paid for twenty-eight days' service. —
Executive Records of the Council, vol. 3, p. 486.
'[Notes.] Province Laws {Resolves etc.). — 1703-4. 311
to the Council, his haveing sent forth Three hundred sixty odd Souldiers under the Com-
mand of Lieut' Col c > March, to visit the settlement of the Indj] Rebels at Pigwockett, but
that by reason of the Troubles with the Indians for about fifteen years past, the way
thither had been disused, and for want of burning the Woods, they were so much over-
grown, and had so altered the forme of the Land, that the Guides were bewildered and could
not rind the path, and the Forces were obliged to return, their provisions "being expended.
And also intimated that he had formed a second Expedition to that place, by another
way, more easy to be found, tho' somewhat further about, and that they were ordered to
set forth yesterday. And that he had armed two Sloops to cruise along the Coast as far as
S£ Croix, to make what spoyle they could upon the Enemy the rest of the Forces being
posted at Casco Bay, and on the Frontiers." — Executive Records of the Council, vol. 3,
p. 484.
Thirteen days later, in his speech at the beginning of the third session, the Governor
further explains the disposition of the forces at the eastward and his plans for their future
service, as follows : —
" Gentlemen
Since I Last saw you I have visited the fronteirs and put them in the best posture I
could, and have now about four hundred men upon a second March into the woods to find
the Enemyes Qvarters and to see what can be done upon them, agreable to your Desire
and advice the Last session, and have had the Gallf and two sloopes well fitted Cruising
upon the Eastern Coast to prevent any french Trade with the Enemy.
I shall now draw the forces into quarters to recruit after their weary marches till the
snow be well setled for a winters march to the other forts which can at no other time be
come at by us and trust in the good providence of almighty God, that he will give us
advantage against so perfidious an Enemy." — Mass. Archives, vol. 108, p. 11.
To encourage them to continue in the service, for a winter campaign, as suggested by
the Governor, the resolve which constitutes this chapter and which was first passed in the
House, on the ninth of November, and sent up to the Council, for concurrence, on the
tenth, was there read again on the sixteenth, and agreed to with the amendment as printed.
Its purpose was to extend to soldiers regularly detached and engaged in the service the
same bounty for scalps, etc., that had been granted by chapter 6 of the acts of this year
to soldiers who had voluntarily enlisted under pay.
For an account of later proceedings, see note to chapter 85, post.
Chap. 67. This chapter is from council records, vol. VIII., p. 12. It has not been
found in the archives.
The order in Council * for the payment of this allowance was passed December 13, 1703,
and the province treasurer's account f shows that it was duly paid.
Chap. 68. This chapter is from council records, vol. VIII., p. 12, and archives, vol.
70, p. 658.
The petition mentioned in the preamble to this chapter is as follows : —
" To His Excellency Joseph Dudley Esqr. Captain Generall, and Commander in chief
of Her Majesty's Province of the Massachusetts Bay, and to the Honorable the Councill,
and Representatives in Generall Court Assembled.
The Petition of Thomas Hapgood of Marlborough.
Humbly Sheweth
That Your Petitioner was with others Detach'd into the service against the Indian
Enemy in the Year 1690. and was one of those who was Engaged in the bloody flight
which happened near Oyster River in New-Hampshire, wherein Captain Noah Wiswall
and diverse others were slain, and wounded, and your Petitioner was then sorely wounded,
his left arm was broken, and his right hand much shot, so that your Petitioner Endured
great Pain, and smart, and narrowly Escaped with his Life. Which Wounds through the
good Care that was Taken by the Publick, were Cured, without any Charge to your Peti-
tioner, but so as that your Petitioner, lost much time and hath been thereby very much
Disabled from his Labour, and getting his Livelyhood, that he has been forc'd to sell what
stock he had acqvired before his Wounds, to maintain and support himself since, and your
Petitioner being so wounded at the said Fight, was necessitated to Leave and Lose his arms
(with which he was well furnish'd at his own charge)
Your Petitioner therefore humbly Pray's your Excellency, and Honours to take the
Premises into your Compassionate Consideration, and to Grant him such allowance, as
in your Wisdom, shall be thought convenient for him, who hath never as yet had any the
least Consideration for the same.
And Your Petitioner shall as in Duty bound ever Pray &c»
Novem^ 12. 1703." — Mass. Archives, vol. 70, p. G'>7.
This petition was read in the House on the thirteenth, and the resolve which constitutes
this chapter was passed and sent to the Council for concurrence. On the seventeenth it
was concurred in and consented to by the Governor.
The order in Council J for the payment of this allowance was passed December 13, 1703,
and the amount allowed was charged in the province treasurer's account § as paid to Hap-
good and included in the entry containing the charge of the allowance paid to Joseph
Bean. ||
Chap. 69. This chapter is from archives, vol. 70, p. 656. It is recorded in council
records, vol. VIII. , p. 14.
* Executive Records of the Council, vol. 3, p. 5C0.
t Mass. Archives, vol. 122, p. 191.
j Executive Records of the Council, vol. 3, p. 501.
§ Mass. Archives, vol. 122, p. 193.
|| See chapter 65, ante.
312 Province Laws {Resolves etc.). — 1703-4. [Chap. 70.]
For an account of the hostilities -which preceded the attack upon the fort at Casco Bay,
in defence of which March displayed the bravery and suffered the wounds for which com-
pensation was allowed him by this resolve, see the note to chapter 53, ante.*
The petition upon which the resolve which constitutes this chapter was passed, and the
account of losses which accompanied it, are as follows : —
"To His Excellency Joseph Dudley Esq? Captain Generall and Commander in chief of
Her Majesty's Province of the Massachusetts Bay, and The Honorable the Councill, and
Representatives in Generall Court Assembled.
The Petition of John March
Humbly Sheweth
That your Petitioner, in the Time of the late Peace with the Indians, was Constituted
the Commander of Her Majesty's Fort at Casco-Bav, and manager of the Trade for the
Publick with the Indians there, and in order to attend that service" forsook his own Habita-
tion in Newbury and Removed his ffamily, stock of Cattle and other Estate to the said
ffort, by which, means, upon the perfidious Breach lately made by that barbarous People,
your Petitioner, was in utmost Hazard of Losing his life, and by a wonderfull Preservation
Escaped the bloody hands of those Infidels, and'did actually Lose a very Considerable Part
of his Estate, to the value of more than rive Hundred Pounds, as is set forth, in an account
thereof herewith Presented, which had not been so Exposed, if your Petitioner had not
Removed into the way of that Danger to serve the Publick in thesaid Post
Your Petitioner therefore humbly Pray's your Excellency and Honours, to Take the
Premisses into your Consideration and Grant your Petitioner such Compensation & allow-
ance as in your Wisdom shall be Thought meet for one who has sustain'd, so great a losse
by means of his being Imploied in a publick service, and your Petitioner will be further
obliged to your service, and ever to Pray as in Duty bound &e»
Boston Novemj 10th nn3 ' John March."— Mast.
Archives, vol. 70, p. 654.
" An Aconnt of what I lost by the Indians and french. Agust the 10 th and sine that
Time: 1703 * ' ib , a
to Eaight oxen which feched me more then 36 - 00 - 00
to 2 sters which I Coold haue had for them . . . . .007-00-00
to 14 Cows uery large: at 3«>- 10*- 0<* Each 49-00-00
to 5 3 yere ouid heaifers — at 2«- 15«-0 Each . . . . . .013-15-00
to 2 two yere ould beaifers at 45= Each 04 - 10 - 00
to: 10: of best Calfs that Euer I saw 10-00-00
to. one large booll 03 - 00 - 00
to : 36 swine woold haue feched me more then 40-00-00
to : 25 : shepe at 7 s Each 08-15-00
to: 5 Akers and A half of uery good whete 16-10-00
to. 6 Acers of As good pese as Euer I saw 24-00-00
to : 2 Acers one half of as Choyc mesling as A man woold desire . . 07 - 00 - 00
to: Alestf50: bushells of ots 03-06-00
to : 4 acers and A half of Indian Corn 12-00-00
to : my sloope And furnyture in the publick service 1-20 -0Q- 00
to sum of my Choycest of my goods in her 20-00-00
to debts : that I haue trusted the inhabitants that was kild and destroyd . 46-00-00
to lining and other Cloathing of mine that was in oure neighbors houses . 12-00-00
and by the vessell that I Am now A building : that is in timber plank
and those things for her 30 - 00 - 00
for Chains and yokes and for takling for my feme and for other tools . 05 - 00 - 00
for A large Cano which I bought for the use of the foort : and people . 01 - 00 - 00
for A hors and mare Cost mee 12-00-00
yore Humble servnt :
John March." — Ibid.,
p. 655.
This petition was read, first, in the House, on the eleventh of November. It was read a
second time and the resolve passed thereon and sent to the Council, for concurrence, on
the nineteenth, having, probably, been committed and favorably reported upon, in the
meantime. On the twentieth it was concurred in by the Council and consented to by the
Governor.
The order in Council \ for the payment of this allowance was passed December 13, 1703,
and the province treasurer's account $ shows that it was duly paid.
Chap. 70. This chapter is from archives, vol. 11, p. 187.
"Nov. 22, 1703. A Proclamation for a Gen} Thanks Giving upon ye 9'h of Dec. next,
was read & Advised."— Council Records, vol. VIII., p. 14.
* " Casco, which was the utmost frontier, commanded by Major March, who was all this while
insensible of the spoil that the Indians had done, was saluted by Mauxis, Wanungonet, and Assa-
combuit, three of their most valient and puissant Sachems. They gradually advanced with a flag
of truce, and sent one before them, to signify that they had matter of moment to impart to him.
At first, he slighted the message, but on second thoughts went out to meet them ; they seeming to
him but few in number, and unarmed : however he ordered two or three sentinels to be ready in
case of danger. Their voice to him at first seemed like the voice of Jacob, but their hands were
like the hands of Esau : With their tongues they used deceit, and the poison of asps was under
their lips. For no sooner had they saluted him, but with hatchets under their mantles they vio-
lently assaulted him ; having a number that lay in ambush near them, who shot down one of his
guards : but being a person of uncommon strength, as well as courage, he soon wrested a hatchet
from one of them, with which he did good execution. Yet if sergeant Hook (with a file of ten
from the fort) had not speedily succoured him, they would soon have overpowered him." — Pen-
hallow's Indian Wars, pp. 19, 20.
t Sic: at least?
i Executive Records of the Council, vol. 3, p. 501.
§ Mass. Archives, vol. 122, p. 200.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 313
"Jan. 24, 1703-4. A Proclamation for appointing of Thursday the 175 IT of February
next a day of General Fasting & prayer throughout this Province was read and advised
to." — Executive Records of the Council, vol. 4, p. 11.
Chap. 71. This chapter is from archives, vol. 70, p. 663. It is recorded in council
records, vol. VIII., p. 15.
Tho reason for including this chapter among the resolves appears in the foot-note to the
chapter; yet, though Dudley so far yielded to the will of the representatives as to reduce
the garrison, he, at first, resented their interference in a speech to them on the day on
which they sent him the message which constitutes this chapter. The following is the
record of his remarks on this head : —
" Nov. 23, 1703. ... As to their Message for reducing the Garrison at the Castle to the
number of thirty for the Winter Season, His Answer was. He is Captain General of this
Province, & the raising or disbanding of Forces, Gaurds & Garrisons lay with him as he
shall judge necessary for her Majesty's Service, But he is & will be as provident & careful
of the Expence of the Country's Money as possible." — Council Records, vol. VIII., p. 15.
Chap. 72. This chapter is from council records, vol. VIII., p. 15. It has not been
found in the archives.
The order in Council * for the payment of this allowance was passed December 13, 1703,
and in the province treasurer's account f this amount is included in the £36 10s. charged
as paid to White. See chapters 12 and 35, ante, and 109, post.
Chap. 73. This chapter is from council records, vol. VIII., p. 16, and archives, vol.
62, p. 449.
The petition mentioned in the preamble to this chapter is as follows : —
"To his Excellency Joseph Dudley Esq; Captain General and Governour in Chief in
and over Her Ma'.ys Province of the Massachusetts Bay in New England, and to the
Hon b: ? Council and Representatives in General Court Assembled. —
The Petition of Andrew Belcher Esq: —
Sheweth.
That whereas the Ship John of Exon Zechariah Cawley Commander, Laden with Salt
and Wine at Lisbon and Fayall and bound for Boston in New England, being Addressed
to your Petitioner, upon the Third of this present Month November, by reason of the high
Swelling of the Sea after a violent Storm was unhappily cast upon the Rocks, lying off
Pembertons Island within Nantaskett Bay, where she bulged and fil'd with water, her Salt
and the greatest part of the wines being lost, onely with great difficulty Seventeen Pipes,
and one hogshead thereof saved, which being fil'd up make but Fourteen Pipes, the ships
Masts and Riggm being cut away, her hull full of Water and broken, And the charge of
getting her up and repairing her "will probably be more than she will be worth.
Your Petitioner thereforehumbly prays, That on consideration of the great loss Suffered
by y e Owners of the sd Ship, and disappointment of her further intended voyage, Yo* Ex'y
and this Honb'e Assembly would be pleased to remit to them the Duty of Impost payable
for the s d Wines, as also the Duty of Tunage in case the s<? Ship be recovered and fitted
out. And Yo* Petition^ as in Duty bound shall ever pray.
Novemby 24V» 1703. ' And? Belcher." — Mass.
Archives, vol. 62, p. 448.
On the twenty-fourth of November, this petition was read in the Council and sent to
the House, where, on the same day, the resolve which constitutes this chapter was passed
and sent to the Council for concurrence. On the next day it was concurred in and con-
sented to by the Governor.
Chap. 74. This chapter is from archives, vol. 11, p. 187. It is recorded in council
records, vol, VIII., p. 17.
The resolve which constitutes this chapter was passed by the representatives November
19, 1703, and sent to the Council for concurrence. On the twenty-sixth it was concurred
in and consented to by the Governor.
The province treasurer's account % shows that fifteen pounds was paid to "M' Joseph
Smith the minister of Brookfield towards his Support for three quarters of a yeares ser-
vice allowed by the General Assembly."
Chap. 75. This chapter is from archives, vol. 11, p. 1S8. It is recorded in council
records, vol. VIII., p. 17.
The resolve which constitutes this chapter was passed in the House of Representatives
November 20, 1703, and sent to the Council for concurrence. On the twenty-sixth it was
concurred in and consented to by the Governor.
By a vote of the Council § passed July 18, 1704 for a warrant on the treasurer it was
advised that the amount of this allowance be paid " to Samuel Williams on behalfe of his
Brother Mr John Williams Minister of Deerfield ; " and in the province treasurer's account |J
the amount is charged as paid accordingly. See note to resolve, 1704-5, chapter 6.
Chap. 76. This chapter is from archives, vol. 70, p. 652. It is recorded in council
records, vol. VIII. , p. 10.
There seems to be no escape from the conclusion expressed in the foot-note on page 35,
ante, that instead of a formal concurrence in the important resolve which constitutes this
* Executive Records of the Council, vol. 3, p. 500. f Mass. Archives, vol. 122, p. 191.
J Ibid., p. 192.
§ Executive Records of the Council, vol. 4, p. 46. || Mass. Archives, vol. 122, p. 234.
IT In ^New Hampshire the same day was appointed a day of fasting, the thanksgiving having
heen ordered for the twenty -ninth of December. — Provincial Papers, vol. III., pp. 266, 273.
314 Province Laws {Resolves etc. ) . — 1703-4. [Chap. 76. J
chapter, the Governor accepted the vote of the House, as authority for his approving the
pay-rolls of officers and men, in which the pay was stated according to the schedulethus
established by the representatives.
The resolve, or another for the same purpose, was first sent to the Council from the
representatives, March 25, 1703. No action upon it by the Council having been com-
municated, the House, by a committee consisting of Messrs. Jewett, Phipps, Blagrove "and
others," sent a message to the Council, on the fourth of November, " to inquire after" it.
By the resolve as here printed, it appears to have been sent to the representatives before
the ninth, for on the tenth, the present resolve, bearing date of the ninth and " sent up for
concurrence," was read in the Council. By the sixteenth, it had been returned to the
House, with a message " to observe to the House that there was no provision made for any
field-officer above the degree of a major and his pay as such to continue only while out
after the enemy, or until his return to garrison or the expedition be over." The resolve
was immediately returned "with a message that the House insisted thereon." On the
eighteenth the following entry appears in the record : —
"Nov. 18, 1703. A Message was sent from the Representees to desire their Act for the
Establishing of Officers & Soldiers Wages, That the House may have further Consideration
thereof. And it was delivered to their Messenger, & returned again with the razing out
the Word (Major) ." — Council Records, vol. VIII., p. 13.
The draught containing this cancellation shows that the words " major or " were stricken
out. By this amendment, therefore, one of the grounds of objection was removed by
making the resolve apply unequivocally to any commander-in-chief, whether a major, or
an officer of higher or lower rank.
On the twenty-sixth, a message was sent up from the House and acted upon, as shown
in the foot-note to this chapter.
The next spring another expedition was fitted out under command of Colonel Benjamin
Church, of which Penhallow gives the following account : —
"... little or no impression could ever be made by us upon them, [the French and
Indian enemy] by reason of their retiring into unaccessable swamps, and mountains.
Wherefore it was determined, that Major Church, who was so eminently serviceable in
the former war, should visit their head quarters, according to a scheme which he had
projected.
No sooner was his commission granted, but he raised a considerable number of volun-
teers out of Plymouth colony both of English and friend Indians, and marched to Nan-
taskett for further instructions; where the following gentlemen were appointed officers
under him, viz. Colonel Gorham, Major Hilton, Captain John Brown, Constant, and
Edward Church, Cole, Dyer, Lamb, Cook, Harreden, Williamson, and Myrick, with five
hundred and fifty men and fourteen transports, and with thirty six whaleboats, which
were guarded by Capt. Smith, Rogers, and Southack, in three ships of war. After they
were equipped, they sailed to Pascataqua, to make up their complement from thence.
May 15th, they sailed eastward, visiting all parts as they went along, till they came to the
Green Islands, where they took Monsieur Lafebure, and his two sons, with a Canada
Indian, whom they examined apart: The father at first seemed surly and crooked, and
the young men were much of the like temper, but being told what they must trust unto
in case they did not confess, were afterwards submissive, and promised to pilot them
wherever they were directed. Upon this, the transports and whaleboats were ordered to
be in readiness, and every man to have a week's provision ; from hence, they paddled to
Penobscot, and with the assistance of D. Young, whom they brought out of Boston Gaol
on purpose for a pilot, killed and took a considerable number both of French and Indians,
among whom was St. Casteen's daughter. From thence they went to Passamaquodda, and
Mount Desart, where they met the three ships of war according to appointment. Their
custom was to rest in the day, and row in the night ; and never to fire at an Indian if they
could reach him with a hatchet, for fear of alarming them. Here they seized the old
Lotriell and his family, after that, Monsieur Guorden, and Sharkee, who a little before
came with a commission from Canada to form an expedition against the English. No
sooner had our forces arrived here, but orders were sent them from Boston, forthwith to
6ail to Port-Royal, expecting some store ships from France, which was welcome news for
officers and soldiers. But they missed their expectations : However, the ships stood off the
harbor while the land forces went to Menis, where a council of war was held, and Lieut.
Giles was sent to the town with a flag of truce and summons to surrender ; their answer
was, 'that if our forces would not hurt their estates, they would surrender, otherwise,
were resolved to stand their ground.' Upon which, a descent was made upon them that
night, but little effected until the morning, and then the forces drew up and drove all before
them.
There was at this time a considerable plenty of brandy and claret in their houses, which
rather proved a snare than service to our men ; especially the Indians, who naturally affect
6trong drink, but this was soon prevented, by breaking in the heads of the casks. Lieut.
Baker and one more were killed in this attack, and not above six died in the whole expe-
dition. Most of their houses were burnt, and much plunder taken, but with as little effu-
sion of blood as possibly could be. The General ordered their dams to be dug down, and
their fortifications to be laid in ashes. Having as great success as reasonably could be
expected, throughout all the territories of L' Acadia, and Nova Scotia, where he took a
hundred prisoners, burnt and laid waste all the French settlements, (except the town of
Port Royal) a great many cattle were also killed, and the Indians driven into such confu-
sion, that they left their wigwams and retired into private cells.
On July 4th, a council of war was called to concert what next to do, who resolved, that
as the Fort was alarmed, the enemy was more numerous than at first ; and that as many
of our men were tired and defective, it would be best to return ; which was also consented
unto by our sea officers. But notwithstanding the fatigue that this worthy gentlemen * had
undergone, and the dangers he had run ; the spoil he had done ; and the victories he won,
* Sic.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 315
yet he could not escape the censures of many. Some indeed extolled his valor and con-
duct even to an hyperbole, while others endeavoured to lesson it with as much disgrace
and infamy. Some thought he did too much, others too little : But after one and another
has passed their sentiments, the General Assembly (which was then sitting) voted him
thanks for the good services he did both to the queen and country.
The Governor of Port Royal being in fear of a new enterprize, sent Lewis Allein as a
spy, under the colour of a flag of truce, with six prisoners, (whereof Mr. Hoddy of Pis-
cataqua was one) to observe and know the motion of the English. But being suspected,
he was apprehended and searched, and in his pocket-book was "found this direction ; ' That
if any enterprise was on foot, he should (in his advice book) join L. A. the two first letters
of his name close together; if it was only in agitation, to place them at some distance;
But if nothing was in motion, then to sign a cross.'" — Poihalloic's Indian Wars, pp.
27-30. See, further, note to chapter 100, post.
A question having arisen in the Council as to the pay attaching to the rank of colonel
and lieutenant-colonel, in this expedition, the following proceedings took place : —
" August. 17* 1704. In Council
Voted That there is a necessity of Stating the pay for a Colonel and Lieut Colonel in the
late Expedition into the Bay of Fundey And the House of Representatives are desired
first to proceed in that matter. —
Sent down. Is^ Addington Secry. —
In the House Representatives Augst 17 : 1704 : Read, and Voted That the House are
fully of the mind that the Establishing of wages already made, doth sufficiently Provide
for the Expedition abovementioned as well as others.
Jam? Converse Speaker." — Mass.
Archives, vol. 11, p. 63.
On the eighteenth, a message from the Council was sent to the representatives by Elisha
Hutchinson, John Phillips and John Higginson " to move the House to a further consid-
eration of stating the pay for a colonel and lieutenant-colonel in the late expedition." To
this the House responded on the nineteenth as follows : —
"Voted. That It is y e minde of this house signified by theire Establishment of Wages
That no officers shall haue aboue Captaines Pay Excepting only the Comander in Cheife
of any Expedition." — Ibid., p. 65.
This vote on the same day was sent up to the Council and read.
Chap. 77. This chapter is from archives, vol. 11, p. 186. It is recorded in council
records, vol. VIII., p. 19.
The petition upon which this chapter was founded is as follows : —
"To his Excell.ythe Govern*; Councell and Representitives now Assembled and sitting
in Boston this Twelfth day of November l~Q3.
The Humble Pettition of the Towne of Yorke in the Province of Main./
Humbly Sheweth
That it hath pleased Almighty God to Protect and keep us yor remote Neighbours a
Poor People for more then ffourteen Years past, and that Little, God hath given us (above
Necessary food & Rayment) by our industry in the Years of Peace has been laid out in
building, our Land at p'sent doth come short of Produceing our bread Come, Our Mills
a wholy Useless, wee are taken off from our Imployem< s have lost much Corne and Hey
in our remote Skirts this summer. Wee have borne almost an Equall share with Pressed
soldiers, in Watching and Warding. And Wee have Lost every Way in runing the
hazard of venturing to our ungarison'd howses, our stocks left, are our Chief Livelyhood,
and if you take away them wee shall not be able to subsist.
Therefore may it please Yo* Excelly Councel & Representitives to Consider our Low
circumstances, which Capt Abraham Preble who p'sents this Petition, will more fully
relate, and to mittigate at least the sinking body, & burthen of Taxes laid upon us, which
you will be made sensible wee are no Wise able to stand under.
In Granting our Petition Your Excell.y & honours will doubtless do a deed of Charity
and wee shall humbly Pray that God will not forgett Yo r Labour of Love herein
Select Men for the f Samuell Daniel
York Novemb r 8VH03 Towne of York J Joseph Bands
in behalfe of s d J Arther Bragdon
Towne [ Samuel Webour." — Mass.
Archives, vol. 11, p. 1S5.
On the first of December the order which constitutes this chapter was passed by the
House, concurred in by the Council and consented to by the Governor.
Chap. 78. This chapter is from archives, vol. 11, p. 189. It is recorded in council
records, vol. VIII., p. 19.
By the following petition it appears that John Wheelwright, minister at Wells, had
repeatedly applied to Governor Dudley for a garrison to defend the town. Apparently,
upon this last application, his prayer was granted, but it being strictly a military proceed-
ing, under the sole direction of the Commander-in-chief, no record of the Governor's action
has been found either in the journals or in the archives : —
" Wells August : 4* 1702 :
May it Please youre Excellency,
At my hearing of youre Excellencys Returne from the Eastward to Piscataqua the Last
week, I imediately went thither to waite on youre selfe theire, but youre quick dispatche
from thence Preuented me of that opertunity, which mackes me bould to Giu,e youre Excel-
lencv the trouble of these lines./ S? I vnderstand that the Indians at the Eastward vearey
Redily Profesed Greate fidelity to youre selfe and the English nation with Great Promises
316 Province Laws {Resolves etc.). — 1703-4. [Chaps. 79, 80.]
of Peace and frendship, which Promises so Longe as it may stand with theire owne Intrest
I beleiue they may keep and no Longer, theire teachers Instructing them that theire is no
faith to be kept with British sutch as they account us to be, themselues allso being natu-
rialey deseaitful Like theire father horn they serue, Indeed St I Cannot haue Charity for
them to beleiue what they say, I haueing Experianced so mutch of theire horable deseait-
fullnes in the Last war vpon many of theire treaties and artickles of Peace, so that I Can-
not but apprehend oure selues that liue in these remote Parts of the Countrey and being
fronteres but to be in Great dainger, and Considering that we haue wars Proclaimed with
the french who are not so far from vs but that they may withoute any Great difucalty send
out an armey against vs, eaither with or without the assistance of oure Pretended trend
Indians, This towne being the nerest to the Enemy and the farthest from any help or
Releif, we Cannot but apprehend oure selues to be in Great dainger and espetialey at this
season of the yeare, oure occasions Calling us Geniraley from hom to Get oure hay and
Corn secured, oure Inhabitents doth theirfore (Pray that youre Excellency would assist
vs with sum men, twenti or thirty or so maney as youre Excellency in Wisdom may think
fit) : my humble Request to youre Excellency when at saco was, that you woulde Please
to Grant me the Liberty of a Garison whe I nowe Liue which then youre Excellency did
not resolue, I still Pray for the same with submision, and desire youre Excellencyes Res-
olution in that mater, to which I shall Redily submit with only Informing youre Excel-
lency that if I must remoue into the midle of the towne I must Leave that Little Estate
that I haue to maintaine my family with, and Carey a Large family wheire I haue but
little to maintaine them withall, Praying youre Excelencyes Pardon for these rude lines,
I Remaine euer to be youre Excellencyes most humble seruant at all Comands
John Wheelwright
[Endorsed :]
To His Excellency Joseph Dudley Esq r Captain General and Gouernour in Chief in and
ouer the Prouince of the Maseshusets Bay in New England : &c." — Leffingwell Collection
of Manuscripts, sale-catalogue number, 6,497.
The order which constitutes this chapter was passed upon the following petition : —
" To his Ex<y Joseph Dudley Esq r Capfj Generall and Govr in Cheife in and over her
Maj :til s Province of the Massachusets Bay &c: and the Hono^'e Council and Represent-
atives in Generall Court Assembled —
The petition of John Wheelwright in the behalf of the Town of Wells —
Humbly Sheweth
That Whereas it hath pleased God to suffer the Indian Enemy to make a sore & terrible
breach upon our Towne to the Loss of Estates, & lives of many of o. r Inhabitants, and
Captivity of many o r friends and Neighbor the rest drove into Close garrisons from
Houses and habitations of their own and stand in the seat of the war (it being the Easter-
most Towne now standing) the greatest part of our time being spent in watching and
Warding The most part of us are drove to great straits and difficulties and are hereby
rendred unable to bear publick charges and Taxes.
Yo r Petitioner doth humbly pray this Hono^ e Court may take the same into Considera-
tion and Remitt those Taxes lately lay'd upon our s (i Towne And by some provision for
the support of the Rd M 1 ' : Sam 11 Emery o r Minister to prevent us the privation of w{ yo r
Hono r s knows will be our utter ruine.
And Yo r Petitioner shall evr pray &c.
John Wheelwright." — Mass.
Archives, vol. 11, p. 189.
This petition was read, first, in the Council and sent down to the House, where, December
1, 1703, this chapter was prepared and passed. On the same day it was concurred in by
the Council and consented to by the Governor.
Chap. 79. This chapter is from archives, vol. 20, p„ 85. It is recorded hi council
records, vol. VIII., p. 19.
The resolve which constitutes this chapter was passed by the House of Representatives,
November 12, 1703, and sent to the Council for concurrence. On the second of December
it was concurred in and consented to by the Governor.
By an entry in the accounts* of the province treasurer it appears that for a bill of
exchange for two hundred pounds sterling, payable to Phipps in London, the treasurer
paid Andrew Belcher, " on behalfe & for Accompt of W'» Partridge Esq, r ," two hundred
and eighty pounds, forty per cent being added " for y Exchange."
On the twenty-third the Governor addressed the House as follows : —
" M r Speaker & the House being come up, His Excy observed to them that he had seen
the Resolve of the House for granting a Sum of Money to Constantine Phips Esqr in Con-
sideration of what Service he has done & to assist him in farther serving as Agent for this
Province. M r Phips is a Gentleman he knows very well, & has a respect for, But he can-
not be an Agent for this Province, having no Commission or Warrant so to be since his
Arrival with her Majesty's Commission for the Government. That he is of Opinion that
it is adviseable to have two Persons in England to represent this Province, that if one be
absent the other may attend, The Fees would be the same, & the Gratification is discre-
tionary, That they be appointed by the Gen} Assembly & have his Excys Warrant. . . ."
— Council Records, vol. VIII., p. IS.
As to the force of Dudley's objection to Phipps's authority to act as agent, see note to
resolves, 1701-2, chapter 51.
Chap. 80. This chapter is from council records, vol. VIII., p. 19. It has not been
found in the archives.
As has been shown in the note to chapter 46, ante, the Governor, in his first speech to
* Mass. Archives, vol. 122, p. 200.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 317
the Assembly, in June, 1702, exceeded his instructions in expressly recommending a " set-
tled, stated salary," for the secretary of the province. In his subsequent speeches of Octo-
ber, 1702, and May, 1703, it will be remembered he renewed the recommendation, in a general
way, without specific mention of the office of secretary ; but after this, up to the date of
this chapter, he appears not again to have pressed the subject. The amount granted by
this chapter is the same that the Secretary received the previous year. See resolve, 1702,
chapter 63.
The order in Council * for the payment of this allowance was passed December 13, 1703,
and by an entry in the province treasurer's account f it appears to have been duly paid.
Chap. 81. This chapter is from council records, vol. VIII., p. 20. It has not been
found in the archives.
Russell bad been chosen, jointly, with William Payne % "commissioner for the impost
and excise" under the act of 1702, chapter 7, $ 4, and was reappointed this year to act
alone, as appears by the following entry : —
" July 31, 1703. James Russel Esqy was chosen by the Vote of both Houses to be Com-
missioner for Collecting & Receiving y e Duties of Impost & Tunnage of Shipping laid by
this Court during the Continuance of the Act [1703-4, chapter 4] granting the same."
— Council Records, vol. VII., p. 426.
The order in Council* for the payment of this allowance was passed December 13, 1703,
and by an entry in the province treasurer's account § it appears to have been duly paid.
Chap. 82. This chapter is from council records, vol. VIII., p. 20. It is preserved in
archives, vol. 101, p. 247.
The petition upon which this chapter was founded is as follows : —
"To his Ex9' y e Gov; and Council, and Representatives Now assembled in Boston
The Feticon of Samuel Marion
Humbly Sheweth
That whereas yo r Peticonr for above twenty years past hath been Improved on all pub-
lique Occassions to beat the Drum Vz Laws, acts, proclamations &c. and a very rare thing
that any other Drumr was Improved, and as yet never had any allowance for that Service,
which has been a great hindrance to yo* Peticonf being often Called out on y e Last day of
ye week being his busiest day, and no other hand to help him Doth most Humbly pray
this Hon b \ e Court to take yo r poor Peticon<; s Case into Consideration and if it may be to
Grant him ten pounds for his sd Service, which at 120 a time yo r Peticon' dos think might
have amounted to more money : However yo r Peticon 1 ; Submits to y e Prudence of this
Court hoping there will be a resonable allowance Granted him ; and your petitioner as in
Duty bound Shall not Cease to pray &c." — Mass. Archives, vol. 101, p. 217.
This petition was read, first, in the House, October 30, 1703, and on the nineteenth of
November, the resolve which constitutes this chapter was passed and sent to the Council,
for concurrence. On the second of December it was concurred in and consented to by the
Governor.
The order in Council || for the payment of this allowance was passed December 13, 1703,
and by the province treasurer's accounts it appears to have been duly paid.
Chap. 83. This chapter is from archives, vol. 101, p. 253. It is recorded in council
records, vol. VIII., p. 20.
The resolve of the July session referred to is chapter 48, ante.
The order which constitutes this chapter was passed in the House, November 30, 1703, and
sent to the Council, for concurrence. On the second of December it was concurred in and
consented to by the Governor.
The province treasurer in his account** charged himself with the whole five thousand
pounds in bills of credit ordered to be printed by the act ft of this year. See note to chapter
84, post.
Chap. 84. This chapter is from council records, vol. VIII. , p. 20. It has not been
found in the archives.
The bills of credit retained by the committee, as mentioned in the preceding chapter,
and which by that chapter they were ordered to deliver to the province treasurer, were
probably retained as security _for their expenses, for which no allowance had been granted.
By the present chapter provision was made for their reimbursement.
The order in Council |] for the payment of this allowance was passed December 13, 1703,
and the treasurer's account %% shows that they deferred taking the allowance granted to
them for their services by chapter 48, ante, until after the present grant, and then were
paid for both.
Chap. 85. This chapter is from archives, vol. 70, p. 664. It is recorded in council
records, vol. VIII., pp. 20, 21.
* Executive Records of the Council, vol. 3, p. 500.
f Mass. Archives, vol. 122, p. 191.
% Ibid., vol. 119, p. 202.
§ Ibid., vol. 122, p. 227.
• jj Executive Records of the Council, vol. 3, p. 501.
if Mass. Archives, vol. 122, p. 202.
** Ibid., p. 183.
tt 1708-4, chapter 3, § 5.
tt Mass. Archives, vol. 122, p. 192.
318 Province Laws {Resolves etc.).— 1703-4. [Chap. 85.]
The encouragement to volunteers given by the act* of September 8, 1703, was, by this
chapter, doubled in the case of scalps taken, and also extended to volunteers from New
Hampshire.
The " proposal" which constitutes this chapter was passed by the representatives on the
twenty-sixth of November and sent to the Council for concurrence, where, on the twenty-
seventh, it was read. The proposal added by the House % was in response to the Governor's
declaration respecting the forces going into quarters preparatory to the winter campaign,
in his speech of October '27, 1703, printed in the note to chapter 66, ante. It was not agreed
to by the Council, and so is not part of the vote. Hence the Governor's caution in con-
fining his signification of consent on the original draught to the " order for reward," and
the action of the Secretary in omitting this proposal when he made up the record of the
vote.
On the second of December, the Council concurred in the first proposal and the Governor
signed it, as above stated. On the thirteenth Dudley wrote to Lieutenant-Governor Usher,
soliciting the opinion of the council of New Hampshire as to the advisability of proceeding
" upon the ice to beat up the Indian enemy's headquarters." The Lieutenant-Governor,
in a speech to his council on the twenty-second, recommended the scheme, as a preventive
of Indian raids in the spring, and mentioned " the Narraganset attack and Sir Edmund
Andros's curbing the enemy" as evidence that it had ever "been judged the best season
in the winter" to thus attack the enemy, observing, also, that "its known well the enemy
cannot be pursued so well in the spring as In the winter." The council thereupon ad-
vised " that the forces abroad be continued, and that there be an addition ordered, and
that this Board humbly desires his Excellency, Joseph Dudley, Esq. Governour, &c.
would be pleased to order said forces with all expedition possible to march to the Indian
enemy's head Quarters, being the only thing that in all probability under God, may secure
our Frontiers and preserve the subjects. And that this Board at all times shall be ready
and willing to give their assistance." t
Six days later Usher reported to the council that he had ordered out twelve scouts " at
the heads of the rivers for ten days," and had issued orders for the inhabitants to repair
to their several garrisons.
On the twenty-fourth the advice respecting the disbanding of the forces, which the Mas-
sachusetts House of Representatives had offered on the second, received the qualified ap-
proval of the Council, as appears by the following entry : —
" His Excellency communicated to the Council Letters he had received from the Colo-
nels of the Militia in several parts, referring to a Winter's march to the Indian head
• quarters.
As also a minute of the L'_ Govern* and Coundil of New Hampshire adviseing thereto.
\nd ordered the vote of the Representatives at their last session relateing to that matter
to be read, proposing an encouragement to voluntiers, who being Commissioned by his
Excellency shall set forth and maintain themselves free from the Province charge. And
considering the great difficulty and hardship, that will unavoidably attend a march of the
detached Forces during the Winter season, further proposing that the same may be de-
sisted, and that his Excellency be humbly moved to disband such of the said Forces as
are kept in pay for that designe.
And then the question was put to the Council, whither they did advise his Excell^ to
march with the detached Forces, and such voluntiers as should offer.
The Council do not advise thereto, The Assembly haveing pass'd such a vote.
But on consideration of the late Intelligence of further mischief dene by the Indians in
the Eastern parts, prayed his Excellency to keep so many of the Forces on foot, as shall
be necessary for the defence of the Frontiers." — Executive Records of the Council, vol. 3,
p. 508.
In order to offer further inducement for the formation of parties of volunteers both in
New Hampshire and Massachusetts by giving wider publicity to the additional encourage-
ment offered in this chapter, it was promulgated by proclamation agreeably to the follow-
ing order in Council : —
" Jan. 3, 1703-4. His Excellency proposed to the Council the Emitting of the Order
pass'd by the General Assembly, at their last Session, begun the 27* of October past, for
the Encouragement of voluntiers against the Indian Enemy and Rebels, to be recited in
a Proclamation, that it may be made publick. Which was accordingly Advised." — Exec-
utive Records of the Council, vol. 4, p. 1.
On the twentieth, this proclamation and a letter from Governor Dudley to the council
of New Hampshire " relating to fifty men to be sent out for ten days," were read at
the Board, and an order w^as immediately passed that the Secretary write to Captain
Shadrach Walton, Captain Winthrop Hilton and Captain John Gilman, junior, requesting
them to encourage the obtaining of volunteers and to report their proceedings to the
Board. The report of these officers was made on the twenty-seventh, Captain Gilman
presenting a list of twenty volunteers, and stating that he expected twelve more by the
"latter end of next week besides officers," that snow-shoes were preparing for thirty men
and representing the need of "provision and blankets, a pilot and a doctor." Captain
Samuel Chesley stated that forty or fifty volunteers from Dover and Oyster River, who had
thirty pairs of snow-shoes and rackets already made, would enlist under him as captain,
and their principal want was some bread and more snow-shoes. Captain Winthrop Hilton
volunteered his services, but had not had sufficient notice to enable him to enlist volun-
teers. Colonel John March came in from Hampton to advise the Board that Lieutenant
Joseph Swett had " beat up for volunteers" at Hampton and had the promise of thirty-
nine or forty men provided with snow-shoes and ready to march with the others, if sup-
plied with provisions. •
* Province Laws, 1703-4, chapter 6. See, also, resolves, chapters 100 and 116, pout, and notes,
t Provincial Papers of New Hampshire, vol. II., p. 416.
% On the second of December.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 319
Secretary Story was thereupon directed to issue orders " to the several Captains of Exeter,
Dover, and Oyster River, to appeare with their Company in each respective Town, next
Monday, for the encouragement of Volunteers to be Listed under Capt. Gilman and Lt.
Chisley, in order to goe ag st the enemy,"* the captains to bring in a list of the volunteers
within a week. The list having been brought in accordingly, the council met on the
third of February, Governor Dudley presiding, and voted that the service of the volun-
teers should be well represented to the Assembly, that the wounded should be cared for at
the charge of the province, assuring them of the bounty offered by Massachusetts, and
that there was no doubt that New Hampshire would make it up to forty pounds. Orders
were also issued for impressing blankets, and for a supply of ammunition from the public
stores.
Meanwhile a successful movement in the same direction was started in Massachusetts.
On the thirty-first of January tidings having reached Boston that on the twenty-eighth
thirty Indians had assaulted a garrison at Newichawannock, and had been repulsed with
loss and pursued by a party of English, after having killed one girl.f Dudley decided
to proceed to the frontiers and take charge of the movements against the enemy. He
informed the Council that several companies of volunteers in New Hampshire and the
county of York had enlisted in the service upon the " encouragement and reward " of this
resolve, and that he proposed to set out for New Hampshire the next day, " to put forward
that designe." % By the twenty-first of February he had returned, for on that day he pre-
sided at the Council ; and probably the expedition was ended by that time.
For defraying the subsistence of the Governor, his attendants and guards on this journey
thirty pounds were advanced to the Commissary-General, and on the twenty-ninth of Feb-
ruary an additional allowance was made to Colonel Thomas Packer of Piscataqua for
entertaining the party.
Encouraged by the liberal bounty now offered, Captain William Tyng led a party of
volunteers against the Indians in their winter camp, which, if the result was not equal
to his expectations, brought to him and his companions a pecuniary reward so consider-
able as to remain the only important detail of the expedition that has been definitely
recorded, and affording the means of ascertaining the number of the enemy's scalps taken
by him, in an encounter, the precise date, place, and most of the other particulars of which
have never been brought to light.
Of these expeditions from Massachusetts and New Hampshire, Penhallow gives the fol-
lowing account : —
"The general assembly being sensibly affected with the state of matters, and disposed to
a vigorous prosecution of the war, enacted, that forty pounds should be given for every
Indian scalp, which prompted some, and animated others, to a noble emulation. Capt.
Tyng was the first that embraced the tender, who in the depth of winter, went to their
head quarters, and got five, for which he received two hundred pounds. Major Hilton
also with five companies more made the like essay, and so did Capt. Stephens, $ but re-
turned with no other laurel than the safety of themselves and company." — Penhallow 's
Indian Wars, p. 22.
See, also, Niles's History of the Indian and French Wars, in Mass. Hist. Soc. Coll-,
vol. VI., third series, p. 251.
Chap. 86. This chapter is from council records, vol. VIII., p. 21. It is preserved in
archives, vol. 101, p. 254.
The resolve which constitutes this chapter contained, as originally drawn, besides a
clause for printing, signing and delivering to the province treasurer the sum of ten thou-
sand pounds in bills of public credit, the following final clause : —
" And That M r Thomas Oakes, Cap* Ephraim Savage, and Cap* Samuel Phipps, be a
Committee for the affair afores 1 ? who shall be upon Oath for the faithfull management
thereof, and be allowed Ten shillings, for every Hundred Pounds, by them Signed numbred
Indented and Delivered as afores 1 }." — Mass. Archives, vol. 101, p. 254.
In this form, November 12, 1703, it was sent to the Council. On the twenty-sixth it was
returned with a message, conveyed by John Walley and Penn Townsend, " to the House
to desire that the word (Levied) in the Fund proposed, mieht be altered to the word
(Granted) and that three of the former Comm'fe might be continued to sign the new Bills
to be made " ||
It was thereupon amended to its present form not, it would seem, by the substitution
proposed, but, as appears by the original on file, by omitting the words "to be levyed"
between the words "pounds" and "upon polls and estates." etc. Thus changed it was
concurred in by the Council, and " allowed " by the Governor on the second of December.
On the thirteenth a vote was passed in Council "(1 advising that a warrant be made order-
ing and empowering the province treasurer •' to issue forth the sum of ten Thousand pounds,
of the Bills of Credit on this Province that are or shall be received into the Treasury to
be by him issued out, for the use for which the last Tax was granted &cf ."
* Provincial Papers of New Hampshire, vol. II., p. 420.
t Sewall's Diary, vol. II., p. 93. f Executive Records of the Council, vol. 4, p. 15.
§ The province treasurer's accounts show that Ciptain Benjamin Stevens was paid " for him-
self e & ( omp* tor their serveing her Maj t . i <" in two Several Marches in y e woods part of s£Comp»
from y e 5 th of Febru'/ 1703 to y« 25* And the other part to the 2o c . b March following; " and again',
for " sundry incidental charges in rayseing S: fitting out a Comp» of Volunteers." — Mass. Archives,
vol 122, p 193.
On the sixth of March Dudley thus enumerated those who had been in this service : Captain
Tyng, 60 men, 17 days; Major Hilton, 200 men, 23 days; Captain Stephens, 90 men, 19 days — and
Captains Bulkley, Chesley and Harvey, and Lieutenant Wilder still out with 60, 100, 50, and 30
men, respectively. Winthrop Papers, part V., p. 179.
See, also, resolves, 1705-6, chapter 59. and 1706-7, chapter 92, and notes. One of the papers re-
lating to the former of these last resolves and signed by Benjamin Stevens is dated from Andover.
|| Council Records, vol. VIII., p. 17. U Executive Records of the Council, vol. 3, p. 501.
S20 Province Laws (Resolves etc.). — 1703-4. [Chaps. 87-89.]
The province treasurer in his account* charged himself with the whole ten thousand
pounds in bills of credit ordered to be issued by this resolve.
Chap. ST. This chapter is from council records, vol. VIII., p. 2;>. It has not been
found in the archives.
The present appointment was not of a general fast, but was exclusively for the Legis-
lature, and was observed by both branches on the fifteenth of March t agreeably to the
Governor's appointment. Twice subsequently during the sessions of the Assembly; viz.,
March 25 and April "20, 1704. the representatives sent similar messages urging the appoint-
ment of a public fast, only one of Which appears to have been acted upon (chap. l2i,po9t).
The present fast was proposed four days after the rumor of the Deerneld massacre of
February 29. 1703-4, had been confirmed.;*
The executive records of the council from February 29. 1703— i. to June 6, 1701, '• do not
appear to have been preserved ; " £ but from the following entry iu the province treasurer's
account, it is evident that the Legislature made due provision for the refreshment of their
meuibers and of the clergy, who, by their invitation, officiated on the occasion: —
" Paid Edw«i Bromfield Esq r . his Disbnrstmts for a Supper for y e ministers
ft some refreshm' for v members of y" General Assemblv on y evening
of their Fast. '. *. . . '. . ..*.'. . 6,, %, 10."
— Mass. Archives, vol. 122, p. 202.
Chap. 88. This chapter is from council records, vol. VIII. . p. 25, and archives, vol.
71. p. 1.
The petition mentioned in the preamble to this chapter was as follows : —
" To his Excellencv v° Governour, and Councill, And Representatives now sitting art
Boston this 8 th of March 1 703 —
The humble petition of Anna Blanchard of Groton
Humbly sheweth i _ u __
That whereas y r petition" Husband is Lately deced occasioned by y e hardships, and
difficulties, he underwent in y Late Expedition under Cap' Tyng,|| & being taken sick, and
dying att Charlestown. thereby occasioning a considerable charge to arise, y r Petition 1 ;
Humbly Trayes that y* H0117 Would pity jr* case, and condition of your petition 1 ; and
Ease her of y* funerall charges of Her s d Husband, or, of What y r Ho"n rs In y* Wisdonie
shall think ti'tt : and as in duty Bound shall pray
Axxa Blaxchard.*' — Mass.
Archives, vol. 71, p. 1.
With this petition was filed the following account : —
"ffely 9"> 1703
An acc ! . of What was Expended for y e funerall of James Blanchard as follows —
£ s d
To a winding sheet &c*: £00„-]S„ 00
To a Coffin 10s : Grave digging 7-6 : £00 „ 17 „ 06
To ve bellman . £00 ., 01 . 00
To v? pall £00, 5.00
To Gloves £01 ,', 01 „ 00
To Wine sugar & spice £01 5 , 09
To y« Doctr £00 „ 14 / 09
To his attendance and necessary Expences in Time of sickness . £ 1 - 17 ,, 05
Sum: ££ 7„ 00 05."'
— Ibid., p. 2.
The resolve on this petition was passed by both branches and consented to by the Gov-
ernor on the ninth of March.
By the province treasurer's account 1 it appears that the amount allowed by this chapter
was duly paid to the widow.
Chap. 89. This chapter is from council records, vol. TIIL, p. 26. It has not been
found in the archives.
The report of the justices of the Superior Court of Judicature called for by chapter 47,
ante, was submitted and read in Council on the seventh** of September, as follows : —
"To his Excellency the Govern; - The Hon b ^ Council and Representatives in Gen 1 Court
Assembled the first day of Sept? Anno Rep}ii Reainrp Annt? 2*
The Justices of her Maj : >* Superiour Court of Judicature within the Province of the
Massachusets Bay in New England, their Report of the Method of Proceeding in the s d
Court upon appeals from Nonsuits & abatem 1 . 5
May it please yoy Excellency.
The s d Justices humbly render their hearty thanks to yoy Excy, and the Hon b . le her
Maj^ 5 Council, that you will be pleased to be Informed of the Proceedings in the Superiour
Court upon appeals from Non-Suits and abatem'* by the Justices of the s d Superiour Court.
* Mas*. Archives, vol. 1Z1. p. 185.
f Council Records, vol. VIII , p. 88.
j Sewall's Diary, vol. 8, p. 96.
§ Note by Mr. Robert Lemon, chief clerk in Her Majesty's State Paper Office, who attested the
copies of these records, made for the Commonwealth.
J! For particulars relating to this expedition, see note to chapter S5, aitit.
V Mass. Archives, vol. 1-2, p. 203.
** By the record this date is the eighth; but the original entry on the report shows that it was
read the seventh.
[Notes.] Province Laws (Resolves etc.), — 1703-4. 321
And the s d Justices humbly crave leave to Observe a few preliminary positions in Order
to their reporting the method of proceeding in the s' 1 Superiour Court upon appeals from
Non-Suit? and abatem*
1. That Non Suits and abatemt' in the Courts of this province have bin generally (tho
not so properly) taken for Synonymous terms.
2. That whenever a Non Suit or abatem' is in any Court awarded, The Writt in Such
action is by Judgm; abated, Or the Non Suit or abatem; is a Judgmt of Such Court. So my
Lord Coke calls it, If a Writ be by Judgm; abated — and if this Judgm* — be reversed.
3. That if a Writ be in an Inferiour Court by Judgmf abated, The Pit hath Liberty to
appeal from such Judgm; of the Infer Court to the Superiour Court of Judicature. For
the Pit is a Party to the Writt, and he may Ije aggrieved by such Judging ag*t his Writt;
and it shalbe in the liberty of the Party aggrieved at the Judgmt given in any Inferiour
Court to appeal therefrom unto the Next Superiour Court of Judicature to be held &c.
These are the very Syllables of the act for regulating Tryalls in Civil Causes, made 13
Guil. 3.
4. That appeals are accounted to be of the nature of Writs of Errour. This is mani-
fest from the forms of Reasons of appeals, and the answers to them dayly given into the
Courts by the Practisers of the Law, and duely allowed by the s d Courts." And appeals were
Order'd to be so accounted by the Gen 1 Court of the Massachusets Colony 2. 3. 1649. ' It
is Ordered by this Court, That all appeals lawfully Obtained, are to be accounted in the
Nature of a Writt of Error.'
5. The Superiour Court of Judicature in this Province is not under .greater restriction
and limitation as to the tryal of Causes, then the Court of Assistants was in the late
Colony of the Massachusets. For if under the present Constitucon all Civil actions shal
be heard & tryed Originaly in an Inferiour Court of Corner. Pleas, Except in Suits where
the King is Concerned : Even so all Civil actions under the late Constitucon, w"'out any
Exception, were to be Originally heard and tryed at the County Courts of that Colony.
And as the Justices of the s 1 Superiour Court now are to have Cognizance of Civil Causes
or actions between Comon Vsons as they are brought before them by appeals &c, so It was
Ordered Anno 1649, That the Court of Assistants shal take Cognizance of no Case or action
tryable at any County Court unless it be by way of appeal; Or as it is Exprest in the
Printed Book, The Court of Assistants are to hear & determine all and Onely actions of
appeal from Inferiour Courts, p. 36.
6. The Superiour Court of Judicata within this Province hath Cognize of all matters
as fully & amply to all intents and purposes whatsoever, as the Courts of Kings Bench,
Comon Pleas and Exchequer w"'in her Maj'. v » Kingdom of England have or Ought to
have, as appears by an act for establishing a Supers Court of Judicaf. &c w' h in this
Province, made Anno 12 Guil. 3. < _ iSLj
The Severall Preliminary Positions afores d being observed to your Excy and the Hon b Je
GenJ Assembly, The s d Justices of the Superir Court do humbly Inform yor Excellency
and this Hon 1 ; 16 Court of the method of proceeding in the s d Superiour Court upon ap-
peals from Non Suits and abatem' 3 by reporting the severall points resolved by the s d Jus- Cooper's Case.
tiees at the Last Super Court held in Boston for the County of Suffolk, In an action brought
before them by an appeal upon an abatem? of a Writt by a Judgmt f the Inferiour Court
of Comon Pleas. Which cause being the first of that nat_ r that the s d Justices rememb r to
have bin before them since the Present Constitucon, They Endeavrd upon advism.' and
mature Consid r acon to resolve these several points.
1. That the' Writ being by Judgm.t in the Inferiour Court abated, the Pit had liberty to
appeal from the Judgm; of the s d Infer Court to the next Superiour Court within the same
county.
2. That the Writt is good notwithstanding what is alledged by the Def dt to abate the
said Writt ; and the Judgm.t of the Inferiour Court is revers d
3. That the Def d .t shal piead to Issue, and the Cause proceed to Tryall.
And the s d Justices Say that this is the method of Proceeding in the like Cases both in
the Qeens* Bench, (the Powers of which Court are vested in the Superiour Court, By an
act of this Province, vt sitpr.) and in the Court of Assistants under the Govern' of the
late Colony of the Massachusets.
In the Queens Bench. For this The Incontestable authority of Sr Edw. Co. is in Point. Cob> 2 j^t.
Mag. Car. Cap. 11. Comunia Placita non Sequantur curiam nostram, Sed teneantur in Certo M^ag'. Car.
aliquo Loco. Upon this Chaptr These are his Words. ' Albeit originaly the Kings Bench be Cap. 11.
restrained by this act to hold Plea of any real action, &c, Yet by a mean they may. As
if a Writt in any real action be by Judgmt abated in the Court of Corhon Pleas, if this
Judgm' in a Writt of Errour be reversed in the Kings Bench, & the Writt adjudged Good,
they shal proceed upon that W r i tt m tne Kings Bench, as the Judges of the Court of
Coition Pleas should have don, w^ they do in the default of others, for necessity, lest any
party that hath Right should be without Remedy, or that there should be a failer of Jus-
tice, and therefore Statutes are always so to be Expounded, that there should be no failer
of Justice, but rather then that should fall out, that Case by Construction, should be Ex-
cepted out of the Statute, whither the Statute be in the Negative or affirmative.' And the
same author In the Chapter of the Court of Kings Bench, wherein his busieness is to describe cok. 4. Inst,
and set forth the Powers of the s d court, and'what causes matters and things fall w'Mn Ch. 7.
its Jurisdiction & Cognizance, thus expresseth the method of proceeding in that Court upon
a Writt of Errour, of Which nature are appeals here from Non Suits and abatem'; ' If a
"Writt in a Real action be abated bv Judgmt j n the Court of Corhon Pleas, and in a Writt
of Error the Judgmt is reversed, and the Writt is adjudged Good, This Court shal proceed
upon this Writt, and is not restrained by Magna Carta, m< Supra, Xe Curia Domini Regis
deficeret in Justitia exhibenda.'
Tn the Court of Assistants under the late Constitucon of the Colony of the Massachu-
sets Bav, The magistrates who held that Court had Cognize of appeals from non suits and
abatem* and if in actions of appeal the Judgm" of the County Courts were reversed and
* Sic.
322 Province Laws {Resolves etc.). — 1703-4. [Chap. 89.]
the attaching Judged good, the s d Courts proceeded to tryall and gave JudgmJ upon the
merits of such Causes, as is most plain by the Preceedents in the s d Courts Vid. Brattle's
Case,* &c.
So that upon the whole matter, It is manifest, that the afores d Resolucons are not new,
tho the first, that have bin ruled in the s d Superiour Court, Since the present Constitucon.
And the afores d Justices in the Cause aforesd have declared the same Law, where there
was the Same Reason. And the s d Justices were obliged to proceed in the method afores d
Ne Curia Superior deficeret in Justitia exhibenda.
Yo r Excellency's Most Humble & Most Obedient Servants
■Rnstfin Sf>nt7o 170 1 ? J ° HN Wa LLET SAMUEL SeWALL.
Boston Sept ,o 1,03. Jqhn Leverett . John . Hathorne." - Mass.
Archives, vol. 40, p. 777.
By chapter 47, the hearing was continued to the second session, when it was again con-
tinued, by force of chapter 56, to the third session, which began on the twenty-seventh of
October, and on the thirtieth the petition and report were read. On the sixteenth of
November the judges' report was sent to the House of Representatives. On the eigh-
teenth, the Council agreed to enter upon the consideration of the petition the next morn-
ing. On the nineteenth a bill relating to appeals from judgments in bar or abatement was
introduced in Council, read three times " and debated," but on the next day it was again
read, and rejected, " and the heads of a new bill were proposed, and the Secretary ordered
to prepare one accordingly." On the twenty-second the Secretary having prepared a new
bill, it had its several readings in the Council and by both branches was passed to be en-
grossed. On the twenty-third a committee of the Council was appointed to bring this bill,
with others, before the Governor, for his consent, but two days later it was read again " with
some alterations proposed to be made therein," and was voted to be anew drawn accord-
ingly. The draught was prepared, voted and sent to the House for concurrence, but returned
on the twenty-sixth with a message from the representatives that they " adhered to their
engrossed bill." The Secretary entered upon the bill " nothing acted." On the thirtieth
a message was sent from the Council to the representatives "to move that House to a
reconsideration of the bill passed by the Council, relating to appeals from judgments in
bar or abatement." On the second of December the House voted to concur in the bill as
last drawn, and it was passed to be enacted and on the same day was consented to by the
Governor.
The bill as first passed to be engrossed differed from the bill finally enacted in having
a preamble wherein the purpose was avowed to enforce the observance of "the gradual
process in the law," which provided " that all civil actions other than such as are cogniz-
able before a justice of the peace shall be originally heard and tried in an Inferior Court
of Common Pleas," etc. ; the enacting clause being therefore expressly declaratory, the
word " only " was added to the clause requiring pleas in bar and abatement to be originally
made in the Common Pleas ; the words " session of the " were omitted before " Inferior
Court " in the clause requiring the case to be tried on the merits after judgment on appeal
in abatement, etc., and " without any delay " omitted after " writ" in the same clause. In
the next paragraph " or " was used instead of " and " after " attached ; " and in the clause
extending the act to appeals from justices of the peace, the phrase used was "like cases
of appeal now depending, as also in appeals to be made," etc., instead of the phrase adopted,
which did not include pending cases.
As finally amended and enacted, this bill, after providing that all pleas in bar or abate-
ment should be originally made in the Inferior Court, "before any issuable plea made,"
afforded relief in cases like the one in controversy by enacting that upon reversal of judg-
ment thereon by the appellate court the cause should be sent back to the Inferior Court
for trial upon tlie merits. But neither this act nor any other legislative proceeding operated
to stay or change the enforcement of the judgment of the Superior Court in the former
action, or to stay the execution in favor of the appellants which had been regularly issued
on the thirtieth of June.
Cooper and his wife having succeeded in the courts of law in maintaining her right to
one-eighth of the three mills at Centre Haven sought to recover her undivided share in
the two mills at Mill Bridge, of John Farnham, who, as tenant to Hutchinson, refused to
acknowledge her right. They accordingly brought suit against Farnham, declaring as they
had in their action against Stratton and Story, save that they omitted the recital of the
devise from Thomas Clarke. The writ was dated August 30, 1703, and was made return-
able at the October term of the Court of Common Pleas for Suffolk County, when the
parties appeared, and Farnham pleaded in abatement for that the defendant " is a Servant
and therefore that a Writt of Trespass and Ejectmt lyes not against him as such; & for
that he can neither give to nor be putt out of the possession by a minor part of the owners
or claimers of the premisses sued for." f
The judges % allowed the defendant's plea, and the writ was abated accordingly. From
this judgment the plaintiffs appealed to the Superior Court at the term to be held at Boston
on the first Tuesday of November, following. Paul Dudley, who appeared for the appel-
lants, filed then: reasons of appeal on the nineteenth of October.
* The case here cited was the appeal of Thomas Brattle, appellant, versus Richard Knight,
administrator of the estate of John Paine, deceased, and Oliver Purchis. The action which was
originally brought in the County Court of Suffolk, April 24, 1677, was upou a bond given by Paine
and Purchis to Brattle, the plaintiff. At the trial, Knight objected that as Paine's estate was
Insolvent and commissioners had been appointed, the action did not lie against him as adminis-
trator; and Brattle refusing to proceed against Purchis severally, the court ordered a nonsuit;
whereupon the plaintiff appealed to the Court of Assistants. On the fourth of September the
Court of Assistants allowed the appeal, and sent the case to the jury, who found for the plaintiff.
Thereupon the Court ordered a stay of judgment and execution " vntill there be an orde r ly
Division of the sajd estate among the creditors thereto as the law hath provided refferring to
non solvant estates." — Records in the office of the clerk of S. J. C, Suffolk, p. 71.
f Suffolk Court Files.
% Elisha Hutchinson, John Foster, Penn Townsend and Jeremiah Dummer.
[Notes.] Province Laws (Resolves etc.). — 1703-4. 323
Omitting the formal and descriptive parts, these reasons were given in as follows : —
" The Appellee being found in y a present possession or occupation of the premisses sued
for is the onely person that an Ejectm 1 lies against, let his Capacity Be what it will & no
Ejectm'. Can be brought against the Proprietors for the Action is Possessory, and the Rule
of law is that the DeP shall not abate the Pi's writ Unless he Can Assign him a Better
. . ." — Sitjfblk Court Files.
To these reasons the appellee made answer as follows : —
" Suffolk ss To the Superiour Court of Judicature to be held at Boston 1st Tuesday 9V
1703
Tho Cooper & Ux ap'. ts ] The appellees answs to the app l,e9 Reasons of Ap-
u > peal
John Farnham ap ,lee J The action was Such as the appelts bath sett forth
& so was the Judgmf viz' That the Deft being a servant a writt of trespas & Ejectm* dos
not ly ag' him as such, & that he neither can give to, nor be put out of possession by a
minor part of the owners, or claimers of the premisses sued for; w ch judgmj is right &
ought to be Confirmed
This Case of the mill is like that of a ship, w ch are neither of y™ dividable, & 'tis as
possible for ye master of the ship, as a miller to give possession, to minor pretended owner
or owners, but the P'y claimeing an interest in either can sue nobody for it, but he that
hath the reputed p r sent right or ppriety in him, for it wou' d be of very ill & pernicious
Consequence eith r to grant or allow, that an accon can lye as this matter is Circumstanced,
and therefore the apell^ doubts not ye former judgm.t w jii be Confirmed
Jn° Valentine P App ,le ." — Ibid.
The term at which the cause was argued began on the second day of November, but
it continued until the fourteenth of December. Meanwhile the act above referred to, went
into operation, and no exception being made therein of pending cases, the Court sustained
the appeal and remitted the cause to the Court of Common Pleas to be tried on the merits,
according to the statute.
The following is the record of this judgment : —
"Suffolk ss — Anno RR* Amue nunc Angli<e i$c] Secundo/ —
At a Superiour Court of Judicature begun & held at Boston for and within the County
of Suffolk on Tuesday November the Second Annoq; Dom 1703 —
Thomas Cooper of Boston within the County of Suffolk mercht & Mehetabell his wife
appell" Bf John Farnam of Boston within the County of Suffolk afores d miller Appellee
from the Judgm- of an Inferio. r Court of Comon Pleas held at Boston October the fifth
1703 — in a plea of Tresspass and Ejectm? Commenced & prosecuted by the sd Cooper
&c» against the s d Farnam for illegally Entring into and withholding the possession of
one Eighth part of two Grist Water mills lying & being in Boston at a place known by the
name of the mill bridge Together with one Eighth part of all and Singular the Soyle and
ground whereon the s d mills do stand &c* att which s d court the writ was abated and the
deft allowed Costs of Suit— After a full hearing of both party's upon the Law made by
the General Court at their last October Sessions relating to Appeals from Judging in Barr
or abatem$ the Court is of opinion that there is barr thereby put to the p r sent process of
the Appell ts and that they must take their remedy at the next Inferior Court in the way
prescribed by the s d Law. and the Court do adjudge the appelh s writ to be good & well
brought — Reverse the Judgment of the Inferior Court and award to the appeH^ their full
Costs of both Courts." — Ibid.
The case was now brought forward in the Court of Common Pleas at the term held on
the first Tuesday of January, 1703-4. Hutchinson was permitted to assume the defence
in the place of Farnham, and pleaded the general issue. From the following entry in
Se wall's Diarv it would seem that the case was given to the jury on the seventh of January
and that on the eighth, they brought in the same special verdict that had been given by the
juries in the former suit between the same parties, but that the bench (Hutchinson himself
presiding as chief justice) refused to accept their verdict and sent them out again, and
that thereupon they found a verdict for the defendant : —
" Jany 7 th Col. Hutchinson's case is put to the Jury of which Mr. Hirst Foreman. Jany
8. Thev bring in a conditional verdict, If Madam Warren had power to alienat before Divi-
sion &c. Court would not accept of it ; but said that was it they were to Try : and sent
them out again : Then they brought in for Col. Hutchinson, costs. Col. Hutchinson said
upon the Bench, He would not be Try'd by Infer, or Sup'or Court; He would be Try'd
by the Jury; they were his Judges."— Vol. II., p. 92.
Except when hardened by superstition, Sewall was keenly sensitive to the injustice of
oppression in any form, and was outspoken against it. His interest in the case of Saflin's
slave Adam, wherein the master sat as a judge, as shown in the note to chapter 8, ante,
justifies the inference that he is entitled to a full share of responsibility for the decision of
a majoritv of the court against their associate. The present case is another instance of
his evident condemnation of a practice which would not now be tolerated ; and as late as
1713, when he made his memorable charge to the first grand jury impaneled in the new
court-house, after the great fire, he did "not omit the injunction "Let never any Judge
debauch this Bench, by abiding on it when his own Cause comes under Trial" (Diary,
vol. II., p. 382). For Hutchinson as well as Saffin it may be urged that in the cases
mentioned neither of these judges appeared as a party of record, and that the doctrine was
not then obsolete that the bench had no control of the jury, or as Thomas Maule main-
tained in his famous argument before the Superior Court, that they were " but as clerks,"
to conclude the verdict " with amen." On the other hand, this does not avail to excuse
Hutchinson, since in his case the plea which he sustained in his own interest in the action
first brought by Cooper and his wife raised a question of law which did not go to the jury.
The court awarded judgment in conformity with the verdict,and the plaintiffs appealed.
324: Province Laws {Resolves etc.) . — 1703-4. [Chap. 90.]
The appeal was to be entered at the next (May) term of the Superior Court, and the
appellant's reasons, which were filed April 18, 1704, were as follows : —
"Suffolke ss To the honoble the Justices of her Maj tits Superiour Court of Judicature
to be held at Boston for the County aforesaid the first Tuesday of May 1704./
Cooper & vx Appell ts ") The reasons of Appeal of the Appell* s from a
u > Judgem.t obtained agf them by the Appellee in Her
Hutchinson ar Appellee J Maj'ies Inferiour Court of Coinon Pleas held at Bos-
ton for the County afore said the first Tuesday of January 1703./
The Accon was an Accon of Trespasse & Ejectm} brought by the Appell' 5 against John
fTarnam of Boston miller for illegally entring into & refuseing to deliver the possion of the
one Eighth part of two Grist- Watermills & c scituate in Boston to the plt s as is sett forth
in the Attaching Coll Hutchinson Esqr being admitted defj in the roome of said fTarnam
pleaded Not Guilty &c And the Jury found for the Appellee Cost of Court./ where upon
Judging was entred./
Which Judgem' the Appell ts say is wrong & erroneous & ought to be reused for that.
/I The said Judgem* ought to have been rendred for the Appell ts agj the Appellee &
not for the Appellee agf the Appellt.V
/2 ffor that Madam Warren had right to alienate her parte of the mills without division
first made./
/3 ffor that when the Cause was comitted to the Jury upon the aforesaid Issue the said
Jury the first time brought in their verdict in these words or to y e like Effect that if Madam
Warren had power to sell without division first made then they found for the Appell ts
otherwise they found for the Appellee which the Appell' s conceive was a good verdict &
ought to have been received by the Court it being a meere point of Law & therefore ought
to have been determin'd by the Judges & not put to the Jury they being onely Judges of
ffact & not of Law but the Jury being sent out by the Court a second time to reconsider
the same brought in their verdict for the Appellee Costs of Court./
All which matters & things being duely considered by this honoble Court & gentlemen
of the Jury the Appell ts hope they will see just Cause to reverse the former Judging &
grant them their Costs of Courts./
P 1 J : Heakne ty AppelH 3 ." — Suf-
folk Court Files.
The appellee's answer to these reasons has not been found.
When the case came up in the Superior Court, the issue was submitted to the jury after
full hearing of the pleadings and the evidence ottered. The jury returned the same special
verdict which had been rendered in the court below. Thereupon the judges, applying the
law as they understood it, ordered judgment to be entered as follows : —
^It's therefore Considered by the Court That the Inferiour Courts Judgment be & hereby
is Reversed and that the s a Thomas Cooper & Mehetable his Wife shall Recover against
the s d Elisha Hutchinson the Estat Sued for & Cost of Courts Taxed at three pounds one
Shilling." — Records of the Superior Court of Judicature, 1 100-1 714, fol. 121.
Execution* issued on the twenty-second of May. The sheriff's return of service was as
follows : —
" Suffolk ss Boston May 1704
By Vertue of this Execution I have Levyed it upon one Eighth part of two Grist water
mills Lyeing in Boston at or near a place commonly called and knowne by the name of the
Mill Bridg[ef] together with all the appurtenances thereunto belonging or in any wayes
appertaineing as withinmentioned and have Delive[redt] possession of them to the pit:
M; Thomas Cooper and there yet remaines The Costs of Courts and my own fees to
Sattisfy this Execution Giles Dyer Sheriff." — Suf-
folk Court Files.
During these proceedings in the second action, Hutchinson's petition to the General Court
was read and the order passed thereon which constitutes this chapter. At that stage,
assuming that the recent act was merely declaratory of the law (which it was unsuccess-
fully attempted to have asserted in the act itself), the final disposition of the case by the
Inferior Court, in June, did Hutchinson a wrong for which he was entitled to redress.
Accordingly service was made upon Cooper as required in this chapter. This appears by
the following entry m the council records, March 16, 1703-4, viz., " The Answer of Thomas
Cooper & Mehetable his Wife to the Petition of Elisha Hutchinson Esq' was presented &
read. "J
Although the Assembly sat until the twenty-fifth of March, and, after prorogation, sat
again from the eighteenth to the twenty-first of April, no trace of further action in this
matter has been discovered. Before a new Assembly was convened the final decision of
the Superior Court had been rendered in the second case, and the execution levied. This
was probably accepted as conclusive and the judgment against Hutchinson allowed to
stand.
Chap. 90. This chapter is from archives, vol. 11, p. 190. It is recorded in council
records, vol. VIII. , p. 26.
The petition upon which this chapter was founded is as follows : —
" To his Excellency the Govern r & Hon'ble Councill And the hon'ble hous of Repre-
sentatives In Generall Co't Convened In y 1 ' session 8. March 1703
* Habere facias possessionem, according to the form prescribed in Province Laws, vol. I., 1701-2,
chapter 3.
t Manuscript mutilated.
J Vol. VIII., p. 29. The answer itself has not been found.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 325
The most humble petition of the Inhabitants of the Town of Dunstable In the County
Of Midds* &c:
Sheweth,
That w r as your distressed petitioners, Thr6 the calamitys of the severall Indian Rebel-
lions & Depradations, are much reduced in our estate & lessned in our Number (notwith-
standing the Addition of sundry desirable familys, w» y was a prospect of a setled peace)
so y' wee are not capable wholly to support the ministry of the Gospel, after which ark
of gods presenc our souls lament, & the want w'of doth more y" all our other great hard-
ships & hazards discourage us, and Threaten the Ruine of this desirable plantation, but
the enjoymt of such a rich mercy will animate us still to stand (as wee have long done)
in the Front of Danger, Inasmuch also as his Excellency in his great wisdom & providenc,
for the security of this eminently Frontier place & of this part of the provinc so much
exposed to the Invasion of the bloody salvages hath been pleased to post a considerable
force of sold™ the great advantage whereof hath been experienced, in these parts, but
They can never heare a sermon without Travailing more then 12. miles from theire prin-
cipal post which is to y m no small disco'agmt wee are therefore humbly bold to lay before
the wise & compassionate consideration of this great & Generall assembly the sorrowfull
circumstances of her Maj'y 8 good subjts in s<} Town, & Do most humbly Implore y l such
a supply may be yielded out of the Treasury of this provinc Towards the support of the
ministry in Dunstable as to yo 1 ' great wisdom & candor shall appeare meet, wee being for-
ward, (as in Duty wee are bound) to cotribute to such a service for our souls to the utter-
most of our ability, & much beyond the proportion of others in greater congregations for
y e maintenanc of gods worship among Themseles, And your poor petitioners are the more
Incouraged thus to pray in hope, sine y former supplications of this kinde, have ever
been compassionately regarded & bountifully answered by former great & Generall Assem-
blys of this provinc : • ,
Your obedient & Humble servants
Samuel whiting ) Select men
WmTyng [ In behalf of
Joseph Blancher J the Rest." — Mass.
Archives, vol. 11, p. 190.
The resolve which constitutes this chapter was passed by both branches and consented
to by the Governor, March 10, 1703-4.
By the province treasurer's account* it appears that the amount allowed by this chapter
was paid to " Jonathan Tyng Esq r upon the desire of the Selectmen of Dunstable."
Chap. 91. This chapter is from council records, vol. VIII., p. 26, and archives, vol.
Ill, p. 74.
The petition mentioned in the preamble to this chapter is as follows : —
" To His Exellency Joseph Dudley Esq r Cap* Gen" & Governor in chiefe of Her Maj
Provinces of The Massachusetts Bay, & New Hampshire & Vice Adm" of The Same,
to Her Maj'i^ 9 Councill & representatives, now in Gen! 1 Court Assembled
The Petition of Susanna Carter Widow
Sheweth —
That Whereas, Yo r Petition 1, about a year past, had Lycence renewed to retail drink"?
which accordingly for about two months shee did, but Finding itt did not Answer her
Expectation, Shee at ye end of Two months, wholly Laid itt down, and being Warned
at yc halfe Years end, to pay Excise as Customary. Shee Informed M r Treasurer of the
p'mises, & prayd an abatem* might Therefore bee made. Hee said hee Could not make
any abatem' without ye Consent of ye Justices. — Yo r Petitions present Charge, vizt, a
Daughter, that is a Widow, and four Orphan Grand Cliilldren, whose whole Dependance
is on her, & Her Own mean, & Low, Circumstances renders her uncapable of making
paym' —
Shee Therefore prays that s<? Excise may bee wholly remitted, or that Such abatem'
thereof may bee made as Yo r Charity shall Judge propper.
And Yo r Petition 1 " shall ever pray &c a
Boston March 9$ 1703/4 . Susanna Carter." — Mass.
Archives, vol. Ill, p. 73.
The resolve which constitutes this chapter was passed bv both branches and consented
to by the Governor March 10, 1703-4.
Chap. 92. This chapter is from archives, vol. 71, p. 12. It is recorded in council
records, vol. VIII., p. 27.
. The representatives sent a message March 10, 1703-4, " to acquaint his Excy that the
House had named a Committee with his Excy's Leave to go down to the Castle, & inquire
into the present State of the Garrison & to report the same. — The Messengers were directed
by his Excy to acquaint the House, that he desired the names of their Committee in
writing."f
On the next day the names having been sent to the Governor as requested, the Council
added the names of the four members of their Board which appear in the resolve.
Chap. 93. This chapter is from council records, vol. VIII., p. 27. It is preserved in
archives, vol. 71, p. 4
The order which constitutes this chapter was passed in the Council March 11, 1703-4,
and sent to the representatives for concurrence. On the thirteenth the House concurred
with an amendment by which the last clause, beginning with " the making whereof," was
added. On the fourteenth the Council concurred in the amendment and it was consented
* MasB. Archives, vol. 122, p. 253.
j Council Records, vol. VIII., p. 26.
326 Pro v i nce Laws {Resolves etc.). — 1703-4. [Chaps. 94-97.]
to by the Governor. The forces for whom these snow-shoes were intended were those rec-
ommended to be kept in service by the Governor, by advice of the Council, December 24,
1703, as printed in the note to chapter 85, ante.
Chap. 94. This chapter is from archives, vol. 71, p. 5. It is recorded in council
records, vol. VIII., p. 29.
The amount of gunpowder bought of Bowditch does not appear, but by a subsequent
vote (chapter 107, post) enough "more was ordered to be purchased to make a total of
thirty barrels.
Chap. 95. This chapter is from council records, vol. VIII., p. 29, and archives, vol.
113, p. 361.
The account mentioned in the preamble to this chapter was presented by the town clerk
of Boston in behalf of the overseers of the poor and is as follows : —
" Province of the Massachuests Bay unto y° Town of Boston D r
To acco' of Disbustments Expended for the Reliefe and support of Pris-
silla Smart an impotent gerle, driven by the Enemy from Black poynt
(at the Eastward) and supported at the charge of the s' 1 Town of Bos-
ton viz'
from the 1 st of Septem r 1703 to y e 1 st of Febry following being 5 moneths ) ., nft nn
at 12/ P m° ". \ 6 • uu • uu
Item for a p r of shoes for ditto 0:4:0
Item for a Jacoat & makeing : 15 :
Item for two new shifts 0:9:0
4: 8:
The Overseers of the Poor of the Town of Boston do Humbly Offer this acco' to His
Excellency the Governer and Councell Praying that the same may be allowed, and that
the s d Charge may be defrayed out of the Province Treasury.
t> Joseph Prout Town Clerk." — Mass.
Archives, vol. 113, p. 361.
This account was read in the Council March 14, 1703-4, and sent to the representatives.
On the seventeenth the resolve which constitutes this chapter was passed by both branches
and consented to by the Governor.
By the province treasurer's account * it appears that the allowance was duly paid to the
town treasurer.
Chap. 96. This chapter is from council records, vol. VIII., p. 29, and archives, vol.
Ill, p. 75.
^The petition mentioned in the preamble to this chapter is as follows : —
" To his Excellency Joseph Dudley Esqr Cap' General & Governor in Chief in and over
her Maj'i. es Province of the Massachusetts-Bay in New England : The Hon b ie her^Maj'if
■ -Council of the said Province And To the Hon bl . e House of Representatives convened in
General Assembly for the s' 1 Province.
The Humble Petition of Robert Sanders of Boston in the province aforesd Mariner.
Sheweth
Thatyo>; Petitioner in the year of our Lord 1701. obtained a Licence from her Maj'^s Jus-
tices of the County of SufFolke in the Province aforesd for Retailing Liquors att his dwell-
ing house near Pools' Wharfe in Boston aforesd. paying after the Rate of Eight pounds l>
annum Excise for his Draught. But now so it is (may it please yor Excellency and
Hono ls ) That yo r Petitioner rinding that the profit of his Draught would not so much as
pay the Excise which was laid upon him, by reason of the deaduess of Trade, and for that
several others in the neighbourhood had obtained the Like Licence, and yo r Petitioner
having then an oppertunity of a Voyage to sea, went and made his application to several
of her Maj'^s Justices aforesd. Signifying his d,esire, and desiring their consent to lay down
the said Licence for the reasons aforesd. which they readily granted. Whereupon yor Peti-
tioner pay'd to the Treasurer Mr James Taylor the sum of flour pounds for the half year.
Yet the sd Treasurer Demands of yo. r Petitioner the full sum of Eight pounds, Saying he
cannot discharge yo. r Petitioner thereof without an Order from yo r Excell c - V : and Hono 18 :
Yo^ Petitioner therefore humbly prays yor Excelr=y & honors upon a due Consideration
of the Premisses would please to take such order that yo.r Petitioner may be discharg'd
from any farther Payment on account of sd Licence, as to yo>: ExcelU; v and Honor* in your
great Wisdom & goodness, shall seem meet.
And yoy Petitioner as in duty bound shall ever pray. &c
Robert Sanders. " — Mass.
Archives, vol. Ill, p 7-1.
This petition was read, first, in the House March 13, 1703-4. On the fourteenth it was
read again and the resolve which constitutes this chapter passed thereon and sent to the
Council for concurrence. Ou the seventeenth it was concurred in and consented to by the
Governor.
Chap. 97. This chapter is from council records, vol. VIII., p. 30. It, is preserved in
archives, vol. 62, p. 454.
The petition mentioned in the preamble to this chapter is as follows : —
"To His Excellency Joseph Dudley Esqr Cap* General and Governor in Cheif in and
over her Maj [i t es Province of the Massachusetts-Bay in New England and Vice- Admiral of
* Mass. Archives, vol. 122, p. 200.
[Notes.] Province Laws (liesolves etc.). — 1703-4. 327
the same The Hon'^e her Maj'>. es Council of the said Province. And to the Hon^ House of
Representatives convened in General Assembly for the said Province :
The Humble Petition of Several Gentlemen Merchants and others whose Names are here-
unto subscribed in behalf of themselves and the rest of the Freighters on the Ship Hope-
well.
Sheweth.
That the said Ship Hopewell John Sunderland Master in her late "Voyage from Barbados
bound to the Port of Boston by reason of a great and violent Storm, and Tempestuous
Weather was on or about the twenty nineth day of December last past, (1703) unhappily
Cast away upon or near Cape-Cod whereby great part of her Lading was lost, and that
which with great Labour, Industry and Charge was, Saved, and brought to Boston very
much damaged with Salt-water Leakage &c. So that yo^ Petitioners have Sustained great
Loss and damage thereby.
Yo* Petitioners therefore humbly pray vo? Excellency and Hono™ : would please to take
the premisses intoyoj pious Consideration and (in regard of their great Losses as aforesd)
to Remit the Customs and dutyes of said Goods so saved as aforesd :
And yo. r Petitioners as in duty bound shall ever pray &c.
Robert Cumbt Samuel Lillie Robert Howord
D Wyborne John Colman David Jeffries
Dauid Farnum Grove Hir.st Benj* Alfokd
Tho s Cushtng Tho s - Cooper Wm Harris-/ —
Samll Greenwood Ed : Niccolls : " — Mass.
Archives, vol. 62, p. 454.
This petition was read, first, in the House, March 14, 1703-4, when the resolve thereon was
passed and sent to the Council for concurrence. The vote of the Council was passed on
the seventeenth, on which day the representatives passed the following order : —
" In the House of Representatives March 17 : 1703
Ordered That the House adhere to their Vote on the other side.
Jams Converse Speaker." — Ibid., p. 455.
The records show no evidence of the rescission of the above order except what may be
inferred from the entry in the journals of the Council where the consent of the Governor
to the resolve and vote as they are printed is recorded.
Chap. 98. This chapter is from council records, vol. VIII., p. 30, and archives, vol.
71, p. G.
The petition mentioned in the preamble to this chapter is as follows : —
" To his Excellency Joseph Dudly Esq. r Cap'. Generall & Gou, r ouer her Majesties prov-
ince of v e Massachusets-bay in New England, & Hon r ble Councill & Representatiues In
Genri Court Assembled March y e 8'h 1703/4.
The humble petition of Samuell Clark of Ipsw ch is as followeth whereas your Seruant
was Imprest & Continued a Souldier two years at pemequid Fort : vnder y e Coinand of Cap'
March & Cap' Chubb, being engaged with y e enemy I Receiued seuerall wounds, (& had
not I bene Rescued I had then lost my life) being thereby dissenabled from helping my
self : at w ch Fort I Continued in Great payne & misery about twelue weeks, under y e hands
of a chirurgion, y< I thought was uery negligent of me but by Gods Good prouidence I was
Remoued thence to Boston in y e moneth of Aprill, & was Cured by doctor Cutler : In
August following: I neuer yet moued for, or Receued any smart mony or pension, tho,
by s d wounds I haue euer since bene lame in my hip & thigh & Leg ; w ch is now Growne
upon me y l I am not able to attend my Caleing as I haue done since I was wounded ; &
my labour is with great payne to me & am now in Great fear y' I shall be utterly dis-
senabled for y e mentainance of my wife & family as formerly : As I haue not yet had any
Releif from your Hon^s soe I should haue bene thankf nil If I had not had occation to haue
petitioned you r Hon^s then heretofore since I was wounded : as yo r Hon rs haue encouraged
y e wounded by a Law w cb many haue had experience of your fauo r y' receiued wounds &
haue bene dissenabld ; soe I am y e more Imboldned to lay my helpless Condition before
you, with expectation & hopes of some releif, such as yoy Hono r , s in your prudence shall
Judg Conuenient for y e future succo^ of yo r obedient seruant, who shall for yo r Hon rs still
P r ay- Samuel Clark." — Mass.
Archives, vol. 11, p. 6.
This petition was read, first, in the House, on the seventeenth, on which day the resolve
which constitutes this chapter was passed by both branches and consented to by the
Governor.
By the province treasurer's accounts * it appears that Clark received one payment of two
pounds to the "8 tu of March 1704," and subsequent payments to 1720, inclusive.
Chap. 99. This chapter is from council records, vol. VIII., p. 31. It has not been
found in the archives.
The committee referred to in this vote were appointed by chapter 92, ante. Their re-
port has not been discovered.
Chap. 100. This chapter is from archives, vol. 71, p. 7. It is recorded in council
records, vol. VIII., p. 31.
All but the last five paragraphs of the resolve which constitutes this chapter were
passed in the House March 16, 1703-4, and sent to the Council for concurrence, where
"the Premium proposed" was forthwith "agreed to," and "the other Articles thereof
left to Consideration, & Ordered to ly upon the Board." t On the twentieth the resolve
* Mass. Archives, vol. 122, p. 255 et seq.
f Council Records, vol. VIII., p. 29.
328 Province Laws {Resolves etc.). — 1703-4. [Chap. 100. J
was attain read in Council " and voted " " with an addition made thereto hy tbe representa-
fives," and was consented to by the Governor. The addition referred to was the last live
paragraphs, t which originated in the House on the same day.
The only considerable differences between the original resolve and the record are that
on the former the word "provided " follows " boats," in the second paragraph; the word
" pound " appears in place of " pounds," in the first line, and the word " the " is omitted
before " other," in the fourth line of the third paragraph ; and the word " river " is omitted
after " Merrimac," in the fifth paragraph.
The result of the winter's campaign, described in the note to chapter 85, ante, like that
of the previous expeditions of this year, was disappointing to the Governor. He there-
fore determined to inflict upon the enemy more severe and effectual chastisement with a
superior force on their own territory, at the same time making all necessary preparations
for the defence of the ports of the province, exposed to danger from invasion by sea by
reason of the drawing off of so considerable a number of men fit for military duty.
The General Court had been prorogued from the second of December, 1703, to the eighth
of March, 1703-4, when it met again, in the fourth session, and on the second day the
Governor made a speech in which he addressed the Assembly as follows : —
" Gentlemen
I thought it necessary to see you at this time and to have your advice in the affayr
of the warr that presses hard and the season of the year advancing we may expect the
Enemy both upon the fronteirs and on the seacost
I am sorry we have done no more against the Enemy this "Winter however the severall
Marches that we have made into the woods in the hardest of the Winter has Convinced
the Enemy as well as ourselves that English Men can bear the Cold and Travell upon
the snow as well as they and I am glad to see the temper and Inclination of her Majestyes
good subjects so forward and patient of hardship and I heartily thank the Commanders
and every party of Volunteirs that have so freely vndergone the Travel and difficulty of
the service . . .
I most earnestly desire you Gentlemen that you will speedily let me have your advice
and assistance in these articles of the warr and Treasury which truly Import us to the Last
degree as we Love the Honor of the Crown, the English nation and our own Estate and
Country and other affayres may be referrd to your stated anual assembly now not tar off.
And we shall very Much honour our selves and serve her Majesty and promote the Wel-
fare of the province if we shall proceed with all vnanimity and freindship which with
the divine blessing is the Strength and procures the success of all Humane affayres." —
Mass. Archives, vol. 10S, p. 15.
In this speech the Governor also made the recommendations in regard to the transporta-
tion, by sea, of forces to the coast eastward, and the repair of the lines and batteries before
the town of Boston, which are printed in the notes to chapters 112 and 105, post, re-
spectively.
Major Benjamin Church having offered his services in a military capacity, his offer was
accepted by the Governor, who requested him " to draw a scheme * for the ensuing action
or actions," which he did, and was thereupon appointed to the chief command with the
commission of colonel, as much perhaps on account of the prospect of accelerating private
enlistments by engaging this popular commander, as on account of his superior military
genius.
His commission was as follows : —
"Joseph Dudley Esq; Captain General and Governour in Chief in and over Her
Majestifs Provinces of the Massachusetts-Bay § New-Hampshire in New-England in
America, and Vice Admiral of the same.
To Benjamin Church Esqr; Greeting.
By Virtue of the Power & Authority in & by her Majesty's Royal Commission to me
granted I do by these presents, Reposing special Trust and Confidence in your Loyalty,
Courage and good Conduct, Constitute and Appoint you to be Colonel of all the Forces
raised and to he raised for Her Majesty's Service against the French & Indian Enemy and
Rebels, that shall be improved in the Service to the Eastward of Casco-Bay ; And to be
Captain of the first Company of the said Forces. You are therefore carefully and dili-
gently to perform the Duty of a Colonel and Captain, by Leading, Ordering & Exercising
the said Regiment & Company in Arms, both Inferiour Officers & Souidiers ; and to keep
them in good Order and Discipline . Hereby commanding them to Obey you as their Col-
onel and~Captain; And with them to do and Execute all acts of hostility against the said
Enemy & Rebels. And you are to observe & follow such Orders and Directions as you
shall receive from my Self or other your Superiour Officer, according to the Rules & Dis-
cipline of War, pursuant to the Trust reposed in you. Given under my Hand ik Seal at
Arms at Boston the 18itA day of March. In the Third Year of Her Majesty's Reign. Anno
Dom. 1703, 4.
By his Excellency' s Command, Isaac Addington Seer.
J. Dudley." — Church's
History of Eastern Exjieditions, vol. II., pp. 136, 137.
The executive records of the council between February 29, 1703-4, and June 8, 1704,
being lost, recourse for some particulars relative to the organization, mustering and move-
* Church's scheme, as given in full in his " History of the Eastern Expeditions," edited by Dr.
Henry Martyn Dexter (Boston, 1867) , p. 131, is dated " February 5, 1703-4 ; " but this is undoubtedly
an error, that being not only during the time when Dudley was directing the winter campaign at
Piscataqua, —a circumstance which renders such an interview improbable though not impossible,
— but inconsistent with Church's previous statement (p. 128) that the attack on Deerfield (which
occurred on the twenty-ninth of February) induced him to make his proposition to the Governor.
The Governor's commission to Church, as will be seen, is dated March eighteenth, probably much
nearer the actual time of the interview.
t For an account of the embargo mentioned in one of these paragraphs and for measures taken
to protect the fisheries see foot-note on page 5S3, post.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 329
ments of the forces authorized by this chapter must be had to the records of the colony of
Connecticut and of the province of New Hampshire. By the following extract from the
records of the former, it appears that Dudley promptly applied to that colony for a detail
of one hundred Indians : —
[March 15, 1703-4] "Whereas the Govern r of Boston hath desired to have about one
hundred Indians with some English volunteers out of this Colonie to goe against the
comon enemy at the eastward, which the Govern 1 ' and Councill of this Colonie hath so
farre incouraged as to offer to the English volunteers that shall present themselves for
said service the usuall wages that our soukliers have, and to the Indians twelve pence p 1 "
day in pay, all which this Court approves of as an addition to the incouragement offered
said volunteers l>v Govern 1 Dudley, and desire the Hon 11 ' Govern 1 and Councill to see them
fitted out with all the speed that may be ; their number not to exceed one hundred, of which
twelve or more to be English if they can be had ; and their charge of fitting out (except
provision and ammunition to carry them into the Massachusett Province) to be paid by
said volunteers out of their wages'. The officers to be appointed and coihissionated by the
Govern'. And it shall be in the power of the Govern 1 ' and Councill, in the intervales of
the Gen 111 Assembly, to call home said volunteers from the abovesaid service when they
shall see occasion for it. And it is further ordered that if there be not a competent number
of English volunteers, viz. the number of ten or twelve to march with the Indians, then
it is left with the Hon 11 ' Govern 1 to aggree with so many as to make up said number upon
such incourageing terms as may be thought best. . . .
And it is ordered by this Court that a letter be sent to Coll Patrigg desiring him to give
a meeting to those gentlmen appointed by this Court to conferre with them, at a time and
place convenient, concerning the improvement of those sixtie men that are appointed to
be i lusted in the townes of Hampshire countie both for garrisoning and scouting, so as
they may be most serviceable for the preservation of that countie and this goverment, and
in all things needfull to concert such measures with their chief comanders there as they
shall judge for the mutuall defence of said countie and this Colonie, and to aggree
for a proportionable number of men to joyn with ours for our mutuall defence as the
Councill of Warre shall direct. And the men appointed by this Court to treat as above-
said are M r John Elliott, and Capt. Mathew Allin for the present, and for the future such
as the Councill of Warre shall appoint." — Colonial Records of Connecticut, 1689-1706,
pp. 456-458.
This small contingent arrived, under charge of Major Samuel Mason, about the middle
of April, as appears from that portion of Dudley's speech at the beginning of the next
session, printed in the note to chapter 119, post. See Dudley's letter to Winthrop showing
that they were at Newichawannock on the eighteenth and the wants of the unequipped
being supplied by Dudley. — Winthrop Papers, part V., p. 191.
March 27, 1704. "The Council, understanding that his Excellency the Governour intends
a speedy expedition eastward ag st the French and Indian Enemy, and has ordered Major
Winthropp Hilton to list a party of Volunteers within this her Majesty's Province for the
aforesaid service :
Ordered, that the Secretary give notice with all possible expedition, to Captain Henry
Dow, and Capt. Jacob Green of Hampton, that they muster their several Companies under
their respective Commands on Monday next, being the third of April, by ten of the clock
in the forenoon, and that Major Winthropp Hilton, or such as he shall employ, may have
liberty of listing Volunteers for the service aforesaid. And that Capt. John Woodman,
Capt. John Tuttle and Capt. John Knight, of Dover, &c. muster their several companies
at the Meeting House on Dover Neck on Wednesday, the fifth day of April next, by ten of
the clock in the forenoon ; and that Capt. John Tuttle be desired then and there to take
a list of such as shall enter themselves Volunteers in the service aforesaid, and make
return to the Council of his doing therein ; And that Capt. John Pickerin and Capt. Tobias
Langdon. of Portsmouth, muster their several Companies at Strawberry Bank, on Thurs-
day," the sixth day of April next, in order to list Volunteers under the Command afore-
mentioned. And that Capt. Winthropp Hilton, and Captain Theophilus Dudley muster
their several Companies at Exeter, on Thursday, the 28 th instant in order for the listing
of such Volunteers as will enter themselves under the Command of said Major Hilton for
the service aforesaid." — Provincial Papers of Neio Hampshire, vol. II., pp. 425-427.
More than two weeks before this order of the council, Dudley, in the following letter,
had imparted his designs against the enemy to his nephew, Major Winthrop Hilton, and
requested him to enlist volunteers : —
" Sr -7- 1 intend with the blessing of God to raise a very considerable force to range the
Eastern shore to destroy the enemy, and would be ready to march by the last of this
instant. If you please to take to your assistance, Gilman and Coffin, my very good
officers, and raise me a number of Volunteers to be ready against the time, they shall
have all encouragement in the service — ammunition given them and sloops to convey
them, and the premium for the enemy destroyed, that the Assembly of this Province
have or shall give them. I desire you to proceed with all vigor in the affair, and let me
hear from you by every post.
Boston, 12 March, 1703-4 I am, Sir, your affectionate Uncle,
For her Majesty's service. J. Dudley.
To Major Hilton, Exeter." — Ibid., p. 426.
Meanwhile, in Massachusetts, the Governor, dissatisfied at the slow progress of enlist-
ments of volunteers, prorogued the Assembly in order to give the members opportunity
to use their personal endeavors to fill up the ranks. The record of the proceedings on
this occasion is as follows : —
"March 25, 1704. His Excellency sent a Message to the Representatives, That Mr
Speaker & the House forthwith attend him in Council.
330 Province Laws (Besohes etc.). — 1103-4:. [Chap. 100.]
And being come, his Excellency intimated, That several Gentlemen feared that not-
withstanding the large Premium offered for Volnntiers the Number would fall short, Which
he desired them to encourage in their several Parts ; And therefore had Concluded to make
a short Prorogation to see how that Matter would rise, That if it did not obtain, other
Measures might be taken: — And accordingly Order'd the Secretary to declare that the
present General Assembly be & is hereby prorogued unto Tuesday the eighteenth of April
next at nine in the Morning, W^ was published accordingly." — Council Records, vol.
Till., p. 38.
Upon the reassembling of the General Court the Governor, on the second day of the
session (April 19, 1704), addressed them as follows : —
" Gentlemen
Since I saw you last I have vsed all possible means to Rayse a propper Number of
Yolunteirs for the service upon the Honorable premium you allowed in the Last Session
(and I hope you have done the same in the several parts) but without any Considerable
appearance and by the Intelligence I have of the Enemy I am assured if wee keep not
the warr at a distance they will Employ us nearer home,
I must therefore desire you will have some other Consideration of the matter, if you
should see meet to revive the ten pound act made the Last year and allow the Transports,
I beleive we might Imediately see a sufficient Number for the Summers Expedition other-
wise I must have recourse to the ordinary Method of the Impress Least the summer be
lost and the fronteirs oppressed.
by the Intelligence I have it is necessary the forces be forth with sent away I shall
therefore not trouble you further in this busy season I desire you to admit no private
affayr what soever, that the session may have an End in two or three dayes." — Mass.
Archives, vol. 108, p. 17.
During the vacation the Governor exerted his authority to secure the prompt cooperation
of his council of the province of New Hampshire, as appears by the following entry, which
also shows the action taken by them : —
April 20, 1704. "His Excellency, Joseph Dudley, Esq. Govern r &c. his letter of the 15 th
instant and postscript of the 16 th instant, intimating his Excellency being surprised to hear
there is noe appearance of Volunteers for the Expedition upon soe honourable a premium
offered by the Massachusetts Government, to goe against the French and Indian enemy,
&c. desiring every person in his station to put it forward &c. as also that he hath news
from Port Royal that the Enemy mav be expected the beginning of May, in a great num-
ber, directing this Board to be very diligent upon the Frontiers, to Scout &c. was commu-
nicated at this Board.
Ordered, that Mr. Secretary write to the several Capt 5 of this Province requiring them
to call their several companies together on Monday next, and to intimate to them that his
Excellency is surprised to heare "there is noe appearance of Volunteers, Considering the
great premium the Massachusetts Government offers : And that the said Capt» use their
utmost endeavours to procure what Volunteers they can, to goe with all expedition ag- :
the French and Indian Enemy, at Port Royal; it being highly reasonable for a proportion
of Volunteers to goe out of this Province considering several hundreds are going out of
the said Massachusetts Government upon such Expedition ; and further, we being covered
with a LTeat number of forces out of the same ; and this Expedition being forwarded will
probably under God, prevent the enemy's attacking us this Summer ; and that the several
Capt' make returne of their doings herein to the Secretary by Thursday next at furthest.
Ordered, that the Secretary also write to the several Capt- of this Province, that all
Frontiers be forthwith in Garrison, and that diligent scouting, watching, & warding, at
their utmost peril, be constantly and strictly observed and kept upon the Frontier for fear
of a speedy attack by the French and Indian Enemy." — Provincial Papers of Sew Hamp-
shire, vol. II., pp. 427, 428.
On the second of May the council of New Hampshire again met and took further meas-
ures, of which the following is a record : —
"The several Militia Capt 5 of this Province, having appeared at this Board,* (excepting
Capt. Dow and Capt. Woodman.) the Council thought meet to acquaint them that con-
sidering it was a very troublesome and dangerous time, and the Enemy might be Expected
daily upon us, they had therefore called them to attend this Board, and desired them to
give" this Board their opinion what method was fittest to 1* taken for the security of the
Province, to prevent the public Enemy attacking us by Land or by Sea; and to goe and
consult together and deliver their opinion in writing to this Board.
The Major part of the Capt* present as above, made their returns under their hands, that
they knew no better way than watching, warding, scouting, &c. upon all the Frontiers by
Sea and Land, &c. as upon file.
Ordered, that three men be forthwith Imprest to keep constant scouting and watching
bv night, (till further order) — strictly and constantly betwixt Rendezvous point at Little
Harbor, and Little Boars Head, for the observing the motion of the Enemy in making any
attack upon this Province. And that Thomas Westbrook, of Portsm ° who offers himself
to serve her Majesty in scouting and watching betwixt the places abovesaid, be Corporal
over the said three men, and that they observe said Westbrook's orders and directions.
as the said Thomas Westbrook shall receive from his Excellency our Governour, or the
Commander-in-Chief for the time being, from time to time at their peril, and that the Sec-
retarv issue forth orders to Capt. Pickerin for impressing one able man out of this Town,
and also to Capt. Dow, to impress two men out of Hampton, for the service aforesaid,
with provision, Arms and Ammunition for scouting as the Law directs ; to be ready on
Monday next, at the house of John Fosse's at Sandy Beach, by 12 of the clock at furthest.
* The order for their appearance Con the second of May, at noon) was passed at a council held
on the twenty-ninth of April. — Provincial Papers of Sew Hampshire, vol. II., p. 430.
[Noras.] Province Laws {Resolves etc.). — 1703-4. 331
Ordered, that all listed Troopers within y s Province doe dntv in Watching, warding and
scouting, in the several Towns they live in; and to l>e ordered so to doe by the several
Capt* of the Militia Company's in each Town till further order." — Ibid., op. 430, 431.
This action, and an order on the twelfth for a general fast to be kept on the eighteenth,
throughout the province, upon advice of the Governor communicated in his letter of the
fifth, were the last public acts of the government of New Hampshire, previous to the de-
parture of the expedition.
Upon receiving his commission Church had immediately set about recruiting within the
limits of what was formerly Plymouth Colony. By the fourth of May he received his
instructions, as follows : —
" By his Excellency Joseph Ditjlet Esq; Captain General and Governonr in Chief
in and over Her Majesty's Province of the Massachusetts-Bay, „\t. in New-England, and
Vice Admiral of the same.
Instructions for Colonel Benjamin Church in the present Expedition.
In Pursuance of the Commission given you to take the Chief Command of the Land
and Sea Forces by me raised, equipped and set forth on Her Majesties Service, against her
open declared Enemies the French, and Indian Rebels. You are to Observe the following
Instructions.
First. You are to take care, That the duties of Religion be attended on board the sev-
eral Vessels, and in the several Company's under your Command, by daily Prayers unto
God, and Reading his holy word ; And that the Lords Day be observed & duly Sancrifyed
to the utmost of your power, as far as the circumstances and the necessity of the Service
can admit ; that so you may have the presence of God with, and obtain His Blessing on
your Undertaking.
You are to take care, That your Sonldiers have their due allowance of Provisions &
other necessaries ; Th.it their Arms be well fixt, and kept fit for Service, and that they be
furnished with a suitable Quantity of Powder and Ball, and be alwayes in readiness to
pass upon duty.
That good Order & Discipline be maintained; And all disorders, drunkenness, prophane
Swearing, Cursing, Omission or neglect of Duty, disobedience to Officers. Mutiny, Deser-
tion, and Sedition lie duely punished according to the Rules & Articles of War ; The which
you are, once a Month or oftner, to cause to be published & made known to your Officers
and Souldiers for their Observance & Direction in their dnty. Let notorious & Capital
Offenders be seut away to the next Garisons, there to be Imprisoned until they can be
proceeded with.
Let the Sick and wounded be carefully look'd after, and accommodated after the best
manner your circumstances will admit of, and lie sent either to Casco Fort, or to Mr. Pep-
erels at kittery, which may tie easiest, so soon as von can.
You are forthwith to send away the Forces & Stores by the Transports, with the Whale-
boats to Piscataqua, on Kittery side, there to attend your coming; whither you are to
follow them with all Expedition.
You are to Embark on the Province Galley, Capt. SoitthacJc Commander, And let Lieut
Col. Gorham go on board Capt. Gallop ; who are both directed to attend your Motion on
the French side; after which they are to return. Let the Commanders of all the Store
Sloops & Transports know that they Sail, Anchor and Serve at your direction.
When you Sail from Piscataqua, keep at such distance off the Show, that you lie not
observed by the Enemy to Alarm them. Stop at Montinicus, and there Embark the Forces
in the Whale-boats for "the Main, to range that part of the Country, in search of the Enemy,
to Mount Desart ; sending the Vessels to meet you there; and after having refreshed &
recruited your Sonldiers, proceed to Machias, "and from thence to Passamequado ,- And
having Effected what spoils you possibly may upon the Enemy in those parts. Embark
on your Vessels for Mania and Signecto, touching at Grand Manan, if you see cause, and
from Menis & Signecto to Port B'oyal Gut ; And use all possible Methods for the burning
and destroying of the Enemies Housing, and breaking the Dams of their Corn grounds in
the said several places, and make what other Spoils you can upon them, and bring away
the Prisoners. In your return call at Penobscot, and do what you can there, and so pro-
ceed Westward.
This will probably imploy yon a Month or Six Weeks ; when you will draw together
again, and by the latter end of June consider whither you can march to Xorrigtcack, or
other parts of their Planting to destroy their Corn & Settlements : And keep the Expe-
dition on foot until the middle of August next.
Notwithstanding the particularity" of the afore-going Instruction. I lay you under no
restraint, because I am well assured of your Courage. Care, Caution and Industry ; But
refer you to your own Resolves, by the Advice of your Commission Otficers. not under
the degree of Captain's, and the Sea-Commission Captains (whom you will, as often as
you can. Advise with) according to the Intelligence you may receive, or as you may rind
needful upon the Spot.
You are by every opportunity, and once a Week certainly, by some means, either by
way of Casco, Piscataqua, or otherwise to acquaint me of your proceedings and all oeeur-
rents, and what may lie further necessary for the Service. And to observe such further &
other Instructions as you shall receive from my Self.
As often as you may, Advise with Capt. Smith and Capt. Rogers Commanders of Her
Majesty's Ships.
Let your Minister, Commissary & Surgeons be treated with just respects.
I Pray to God to preserve, prosper and succeed you.
Given under mv hand at Boston, the Fourth Day of May, 1704.
J. Dudlet." — Church's
History of Eastern Expeditions, vol. II., pp. 141-14").
Agreeablv to Dudley's orders Church marched his force to Nantasket, and embarked
his main body in the transports for Piscataqua. Having forwarded his stores, he escorted
332 Province Laws (Resolves etc.). — 1703-4. [Chaps. 102, 103.]
the Governor thither overland, enlisting one company of recruits on the way.* On the
fifteenth t the expedition sailed from Piscataqua in the transports, Church proceeding in
the Province Gallev, Captain Cyprian Southack, and Lieutenant-Colonel John Goreham
in the brigantine Adventure, Captain Joseph Gallop. They were accompanied by the brig-
antine John and Abiel, Captain Nathaniel Jarvis. Two ships of the royal navy % remained
at Piscataqua to follow later, — so as not to draw the attention of the enemy to che move-
ments of the pioneers, — and to rejoin Church at Passamaquoddy.
By the seventh of June he had visited the coast, in whaleboats, from Matinicus (where
the fleet came to anchor) as far east as Passamaquoddy, the western harbor of which he
entered towards evening. Here he captured some families of the old French settlers and
took prisoners or killedbthers of the enemy, and penetrated the country some miles further
north in the hope of engaging a large body of the Indians, who, however, receiving notice
of his approach, fled, leaving a great quantity of fish. This he took or destroyed. The
ships of war and transports arriving, at this juncture, under orders to proceed to Port
Roval, he (when they left) embarked on the John and Abiel for Minas. On the twentieth
he "drew up and signed on board the Adventure, then lying in the channel, a summons to
the town of Minas § (now Horton) and to Port Royal, to surrender without delay. This
summons was served on Minas the same evening under a flag of truce, and, not being com-
plied with, the town was destroyed by fire the next day, and the enemy routed.
Besides destroying the dikes and buildings along the Minas Basin, he, on the two follow-
ing days, took possession of two villages besides Minas and destroyed the crops and stores
of "the enemv there. Meanwhile the ships of war which had proceeded towards Port Royal
were overtaken by Church and his men in the transports which had followed Church to
take his men on board.
At Port Royal the enemy was found so strongly fortified that it was finally decided, at
a council of war, held on "hoard the Province Galley, on the fourth of July, that it was
imprudent to attempt to attack their position with the four hundred men which comprised
the effective force of the expedition. Church's force therefore proceeded to Chignecto and
having despoiled that region sailed back to Mount Desert, by way of Passamaquoddy.
At Mount Desert they found that the men-of-war had sailed for Boston, whither Church
followed them, stopping at Penobscot and Casco Bay but finding no traces of the enemy
there. At the latter place they found, awaiting them, an order from the Governor to dis-
lodge the enemy at Norridgewalk ; but this order was disregarded, upon advice of a council
of war. Church reached Boston with part of his forces, August 10, 1704. || Besides the ac-
count given bv Penhallow and Niles as above mentioned, the following extract from Dud-
ley's speech to the General Court, August 16, 1704, is perhaps as satisfactory a summary
as" could be given of the results of this memorable expedition : —
"Gentlemen
Since vour Last recess The forces eastward vnder Colonel Church with the Assistance
of her niajestves shipps have past thro all the Eastern parts of Lacadie & Nova Scotia
and have burnt and Destroved all the french settlements except The Town of port Royall
& Killed their Cattle & broken their dames, & have brought home about 100 prisoners &
a good plunder so that I am not sensible There are five houses left in any part of the french
settlements out of sight of the fort, nor any maner of support for the Inhabitants .which
was what we projected in the spring & the forces are returnd & Disbanded without the
Loss of any more than six men for which we have all reason to render thanks to Almighty
god." — Mass. Archives, vol. 108,2}- -^ •
Chap. 102. This chapter is from archives, vol. 71, p. 29. It is recorded in council
records, vol. VIII., p. 33.
The resolve which constitutes this chapter originated in the House March 21, 1703-4.
On the next day it was concurred in by the Council and consented to by the Governor.
Chap. 103. This chapter is from council records, vol. VIIL, p. 34, and archives, vol.
62, p. 460.
The following is the petition mentioned in the preamble to this chapter : —
"To his Excellencv Joseph Dudley Esq;, capt" General and Gov; in cheif in and over
her Maj ties Province of the Massachiisets Bay to the Hon b )f Council and house of Repre-
sentatives in Generall Court convened
The humble Petition of Jn° German Chirurgeon
Sheweth
That on or about ye 12' : h day of August last past yo*. Petition^ was commanded by
* Eastern Expeditions, vol. II., p 14n.
t Penhallow, and Niles after hiiri, state that the expedition sailed from Piscataqua on the fif-
teenth. Dudley, however, in his speech to the General Court, June 1, 1704, declares that it sailed
" about ten days since." This discrepancy may be reconciled by supposing that the Governor
referred to the departure of the regular ships of war, -which, as shown above, were to remain
behind for a short time. Church states that he " requested the commanders of her majesty's ships
... to tarry at Piscataqua a fortnight." They may have shortened their stay a few days. The
following proclamation shows that up to the twelfth of May these ships had not received their
complement of men : —
"By His Excy. JOSEPH DUDLEY Esq. Capt. General and Gov. in Chief of the Province of
tte Mass. Bay. A PROCLAMATION.
ALL Manners, Seamen & others, That shall voluntarily enter themselves on board Her Majesties
Ship Jersey, Capt. George Rogers Commander, on Her Majesties Service in the present Expedi-
tion against Her Majesties Enemies, shall be kindly received & well treated during their being
abroad, & be paid for their Service on Land : And within the space of 8ix Weeks or less, be returned
again to Boston, Set on Shoarand be dismiss'd the Service. And the like EneouragempQt is hereby
offered for any to enter on board Her Majesties Ship Gosport, Capt. Thomas Smith Commander.
Given under my hand at Boston the 12. day of May, In the Third year of Her Majestees Reign.
Anno. Dom. 1704. J. DUDLEY." — News-LHUr, Xo. 4.
X The Gosport, Captain Thomas Smith, and the Jersey, Captain George Rogers.
§ A similar summons on the twenty-fourth by the officers of the fleet is printed in the " Collec-
tion de ilanuscrits" etc., vol. II., p. 419. He ravaged Menis a second time on his way to ChUnecto.
Sews-Letter, No». 14 and 10. No. 17.
These belong to Casco fort
[Notes.] Province Laws {Resolves etc.). — 1703-4. 333
his Excellency to repair on board her Majti.es ship the Province Galley comanded by
Cap 1 .. Cyprian Southark, on board of w<* Galley & at Casco Bay he hath ever since at-
tended y« service in matters belonging to his Functions, at casco Bay on his first arrival
there he found nine persons Extreamly uiain'd & wounded whom by y« blessing of God
on his endeavor, he perfectly cured, and haveing spent ye.eheif part of j^. season in which
he should have prepared matters for his home Practise in ye. service of y e .Publick, & did
also lose y e . benifitof sundry Patients vnder his care when' first comanded to y e . Eastward
by his Ex c .y. and y<;.Pet r ..is now again comanded to go in s^. service who is always willing
to obey his Ex^ys comands and to serve the Publick —
May it therefore please yof.Excellency & Honours To Take y« above petition into yoF.
due consideracon and give such speedy Orders as may be for the satisfaction of yo r .Peti-
tioner for his past service & his further Incouragment and since he is again remanded into
the service yo r ..Pet r as in all duty bound will Ever Pray
Boston the 20th day of March 1703/4 J German." — Mass.
Archives, vol. 62, p. 459.
This petition was read, first, in the Council, on the twenty-second and sent to the repre-
sentatives. On the next day the resolve which constitutes this chapter was passed by both
branches and consented to by the Governor.
With the petition German filed the following list of his patients at the fort at Casco Bay,
etc., certified by Captain John March : —
" A List of the wounded persons who ware under the care of John German Chyrurgeon
in Casco Fort.
Major John March
Nicos Tucker.
Wm Winthworth.
Joseph Garich.
Rose Thomas.
Wm Webs wife.
Abigail Viny widow. |
Jabest Sweet. J
Serjf Taylor, belongs to Capf Pearcei Compa
These are to Certifie, whom it may concerne, that John German Chyrurg :, who was
comanded by his Excell?! in the Galley to Casco fort, did very faithfully and diligently
attend his office there, in his applications to sundry mamed and wounded p r sons as by
the List above appears, who ware all cured. And in my humble opinion deserves good
Encouragment for his Service. Dated in Casco fort Sept 1 ; 1 " 10 : 1703.
p r John March Captn."* — Ibid.,
p. 461.
By the province treasurer's account f it appears that the allowance granted by this
chapter was paid to German.
Chap. 104. This chapter is from council records, vol. VIII., p. 34, and archives, vol.
71, p. 10.
The following is the petition mentioned in the preamble to this chapter, with a certificate
appended, attesting the truth of the allegations therein : —
"To his Exselency Joseph dudlee Esq r gouener & Comander In Cheff in & ouer her
mags'. 3 prouinces of y e masatusets & newhampshir — vice admarall of the same —
the humble Adres & petetion of Elizabeth hunewell Relect & wedoe of Richard hune-
well deseced of black poynt in y e prouince of main, —
may it pies youer Exelence It is soposed y e Endian Enimy killed my s d husband at
black poynt the Last fall past : but in his Liff time about the Leuenth or twelfft day of
August Last : being all y e inhabetants & soldiers in s d blak poynt garrison : & straightened
for prouition too or thre Cattel cam nere to s d garrison Amounghts which was A stear of
about three years old of my s d deseced husbands which was Caught & killed, & spent for
suply of the soldiers & Inhabatants : allso youer petetioner husband was out Considerabl
in bulding s d garrison mor then all y e Rest of y« inhabatants : youer petetioner being now
Lefft. A pore wedoe, humbly prays youer Exelenc fauer : in this matter & that Iff it may
stand with youer Exelence fauer to order, her sum satisfacttion for such desburstments :
whis is y e tiumbl request of youer Exelencys most humble & obediant pore Adresor ;•
Elezebeth hunewell
to the truth of what is exprest in the abouesy d I can giue my euidance —
John Wtatt." — Mass.
Archives, vol. 71, jy. 0.
This petition and certificate were read, first, in the House, March 20, 1703-4, and referred
to the standing committee on petitions, who reported as follows : —
" In Answer to This petition the Cofhittee Do propose that There be ffour pounds allowed
to the Petitioner out of y e Province Treasuy." — Ibid., p. 10.
On the twenty-third the resolve which constitutes this chapter was passed by both
branches and consented to by the Governor.
Chap. 105. This chapter is from archives, vol. 71, p. 30. It is recorded in council
records, vol. VIII., p. 34.
In his speech at the beginning of the fourth session of the General Court this year
(March 9, 1703-4), the Governor suggested the precaution of repairing the fortifications
in and about Boston, as follows : —
" There is also the Consideration of the fortifications of this Town the seat and security
* Major, as a field-officer, but captain of the fort. See chapter 69, ante, and note,
t Mass. Archives, vol. 122, p. 189.
334: Province Laws {Resolves etc.). — 1703-4. [Chap. 105.]
of our Trade that the Lines before the Town and the batteryes especially that at the North
be reformed and repayred Least we be Insulted by the Enemy." — Mass. Archives, vol. 1 08,
p. 16.
A resolve had been passed the preceding year, on a similar recommendation by the Gov-
ernor, to authorize the calling a meeting of the proprietors of the neglected outwharves
(described in the note to chapter 6 of the acts of 1772-3 *) fronting the cove between the
North and South batteries, in order to raise the means, by. tolls or otherwise, for rebuild-
ing and maintaining those dilapidated defensive structures.f
Following the repeated suggestions of the Governor, this year, the Council, March 11,
1703-4, passed " Several Resolves for Encouragem* of the Repair of" these outwharves
" by laying a Toll upon Vessels coming into Harbour there &c",+ which resolves were
gent to the representatives for concurrence.
On the thirteenth the inhabitants of Boston, in town meeting, passed the following
vote : —
" Elisha Cook Esq 1 '., Collonoll Elisha Hutchinson, Coll. Pen Townsend, Coll. Thomas
Savage & Capt. Timothy Clark, are appointed to be a Committee to veiw the Fortifications
of this Town, and Advise about the repaires thereof, and the Selectmen are to Expend
thereon not exceeding the Sum of fifty pounds." — Town Records, 1700-1728, p. 31.
This vote was presented to the Council on the following day, read, and sent down to the
House by Eliakim Hutchinson, with a message " to desire that House to make some Ad-
dition thereto, as also to allow the Disburse of Cap. 1 Timothy Clark on the South Battery
to the Value of about Twenty Pounds." §
All these legislative proceedings, however, would seem to have been abortive, unless, as
is conjectured, the following resolve, passed by the House contemporaneously with this
chapter, was advisory, merely, and put in execution as an order of the Commander-in-
Chief with the approval of the Legislature : —
" In the House of Representatives March 23 : 1703.
Resolved That the Sum of Twenty Shillings £> ann, be Allowed, and Paid out of the
publick Treasury to Capt Timothy Clark, for three years last past, in Consideration of his
having had the charge & Custody of Stores of War, belonging to the Province.
Sent up for Concurrence. Jams Converse Speaker —
March. 24 th 1703. Read in Council." — Mass. Archives, vol. 71, p. 31.
The sentinels employed under the provisions of this chapter were paid agreeably to the
resolve of 1704-5, chapter 100 ; q. v., and the note thereto.
The Sconce, or South Battery, which, besides the purposes of defence, was used for
storing powder,|| flanked the " outwharves " on the south, near the foot of Fort Hill. It
was reached by a way, still known as Batterymarck Street, leading over the salt marsh
near the foot of Milk Street. Its origin is shown in the following report made to the Gen-
eral Court in May, 1666, by a committee appointed by them apparently the year pre-
ceding : —
" Wee, the subscribers, being appointed a comittee by this honoured Court to vejw the
batterjes lately erected by Majo r Generall Jn° Leueret, w" 1 the aduice of the comittee of
militia in Boston, accordingly attended that seruice, and vnder the conduct of the sajd
majo r generall, wee entred a well contriued fort, called Boston Sconce ; the artillery
therein is of good force & well mounted, the gunner attending the same; the forme
thereof 6uiteable to the place, so as to scower the harbour, to the full length of their
shott, euery way ; it is spacious w n, in, that the trauerse of one gunne will not hinder the
others course ; and for defence, the foundation is of stone, & well banked w ,h earth for
dulling the shott & hindering execution; ffinally, wee apPhend it to be the compleatest
worke of that kind which hitherto hath been erected in this country
To conclude : wee judge the defence to be considerable, & the offence to be avajleable
(by Gods blessing) for the thing intended, for w ch the actors & contrivers, whereof Majo r
Generall Leueritt hath beene the cheife, both in contriving, acting, & disbursing, deserues
the thankes of this Court, & all due encouragement. Boston Sconce hath nine gunns
mounted, & ffower more intended, w th out, and seven at Merrjes Point. All w ch wee sub-
mitt to the wisdome of this Court, & subscribe ourselues,
Your servants, George Corwin,
Wm Hauthorn,
Francis Willoughby,
Peter Tilton,
Tho Bradbury,
Edward Johnson,
Timothy Wheeler." — Mass.
Colony Records, vol. IV., part II., p. 297.
The following is the order of the Court (with the preamble thereto) upon this report : —
" Whereas Majo r Generall Leueret was appointed by the Generall Court of Election, May
the 3 d , 1665, w" 1 the aduice of the comittee of militia of Boston, to take speciall care ffor
compleating the batteryes at the sajd toune, & mounting the great artillery, w lh all meete
provissions for the same, and this Court hauing requested a comittee of sundry gentlemen
to vejw the sajd batterjes & great artillery, who haue made their report that they finde
the same to be well & sufficiently repayred, & together with the same, a new battery
erected, called the Sconce, scittuated on the south side of Boston, exceedinge all the other
batterjes for defence of the toune, & offence against such enemjes as may attempt their
* Province Laws, vol. V., p. 262.
| Resolves, 1702-3, chapter 1, and note.
j Council Records, vol. VIII., p. 27.
§ Ibid., p. 28.
|| See resolves, 1702, chapter 28, note.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 335
damage, all which, by the order of the militia of the sajd toune, haue been effected by the
great care, paines, & expences of the aboue named Majo' Genii Leueret, —
This Court, considering the premisses, doe desire & order the Gouerno 1 ' to returne the
sajd majo' generall the thanks of this Court, & as a gratuity for his care & pajnes in erfect-
inge the same, doe order the Treasurer of the country to pay him out of the next country
rate one hundred pounds.
Whereas, in the cohiission to be granted by law, title Military, sect! 11, to the militia of
Boston, the sajd militia are to take charge of all fortifications w tb in the sajd toune, w th all
the amnition & ordinance to the same belongin, & that by the sajd cohiission they are to
haue in readiness one barrell of pouder, w th twelve shott, & hue pound ot match, for euery
sixe peece of ordinance.
It is ordered by this Court, that the survejors gefi shall deliuer to the sajd comittee the
proportion of pouder, shott, & math, according to the number of gunns mounted in the
fortirfications of the sd Boston." — Ibid., p. 298.
Chap. 106. This chapter is from council records, vol. VIII., p. 35. It is preserved
in archives, vol. 62, p. 466.
The following is the petition mentioned in the preamble to this chapter : —
" To his Excellency Joseph Dudley Esqr Cap 4 . General and Governo r , in Chief in and over
her Maj ties Province of the Massachusetts Bay'in New England and Vice Admiral of the
Same. The Hon b 'e her Maj'ies Council of the s*> Province And to the Hon 1 '^ House of Rep-
resentatives convened in General Assembly for the said Province.
The Humble Petition of Several Gentlemen Merchants and others whose Names are
hereunto subscribed in behalf of themselves and the rest of the ffreighters on the Brigan-
tine named or called the good Intent,
Sheweth
That the said Brigantine whereof John ffrost was Master in her late Voyage from Bar-
bados bound to Boston was on the Tenth day of December last past unhappily Cast away
near York, whereby, most of the Lading was lost, and the little that was Saved, very much
damnified through Leakage, Salt water &c to the great Loss and Damage of the Petitioners
Yo^ Petitioners therefore humbly pray yoy Excellency, and Hono". to take the premisses
into your pious Consideration and to remit the Customs due for said Goods Saved as
afores d .
And Yof Petitioners as in duty bound shall pray &c.
Peter Sergeant & Comp*
Wm Harris /—
Grove Hirst." — Mass.
Archives, vol. 62, p. 466.
The vote which constitutes this chapter was passed on the day the petition had its first
reading in the House ; but it was substituted by the Council for the following resolve
originally passed by the representatives : —
"In the House of Representatives. March 24 : 1703. Read
Resolved That the Praier of the above Petition be Granted, and Order be Given to the
Comissiony of Impost accordingly.
Sent up for Concurrence. Jam? Converse Speaker." — Ibid.
Chap. 107. This chapter is from archives, vol. 71, p. 32. It is recorded in council
records, vol. VIII., p. 35.
The order which constitutes this chapter originated in the House on the day of its
passage and was consented to by the Governor. By an entry in the accounts* of the
province treasurer, it appears that twenty-one and one-half barrels of powder costing
three hundred and fifty-nine pounds were purchased and paid for. See note to chapter
94, ante.
Chap. 108. This chapter is from archives, vol. 71, p. 35. It is recorded in council
records, vol. VIII., p. 35.
The resolve which constitutes this chapter originated in the House on the day of its
passage and was consented to by the Governor.
By the province treasurer's account* it appears that the money allowed was paid to
South worth.
Southworth was of Little Compton, where he had been chosen constable and representa-
tive, lie was brother-in-law and a former neighbor of Major Benjamin Church, a trusty
officer, and more than once led a company of volunteers under Church's command.
Chap. 109. This chapter is from council records, vol. VIII. , p. 35. It has not been
found in the archives.
By the province treasurer's account -f it appears that the amount allowed by this chapter
is included in the £36 10s. charged as paid to White. See chapters 12, 35 and 72, ante.
Chap. 110. This chapter is from council records, vol. VIII., p. 35. It is preserved
in archives, vol. 62, p. 458.
The resolve which constitutes this chapter was passed upon the following petition : —
"To his Excellency Joseph Dudley Esqr Cap 1 General and Governor in Chief in and
over her Maj ties Province of the Massachusetts Bay in New England aiid Vice Admiral
* Mass. Archives, vol. 122, p. 200.
t Ibid., p. 191.
336 Province Laws {Resolves etc.) — 1703-4. [Chap. 111.]
of the Same. And To the Hon b i e her Maj<>? s Council and House of Representatives now in
General Assembly convened. March 8 1 ^ 1703/4.
The Humble Petition of Matthew Carey of Boston. Gent.
Sheweth
That vo* Petitioner has Served the Crown of England for the Space of Thirty years past,
both by Sea and Land, in Several Posts of Hono 1 ; and Trust and has faithfully discharged
the same. And During the last Warr with France has done Considerable service for this
Province * — And noAvyor Petitioner for Sixteen Months last past has been Employed as
a Waiter to the Impost-Office, wherein yot Petitioner likewise has faithfully and honestly
performed his Duty and by his great care & Vigilance has been Instrumental in augment-
ing the Incomes of, and Securing several Pounds to that Office, which otherwise would
have been unavoidably lost — and yo* Petitioner having no Stated Salary, nor knowing
not to whom to apply himself, nor what to demand, it being wholly precarious, and yo>'
Petitioner having a great ffamily and spending the greatest part of his time about the
affairs and business relating to said Office,
Yo^ Petitioner therefore humbly Prays yoy Excellency & Hono rs : would please to take
the Premisses into jo r . pious Consideration and (in regard of his former Services, and to
encourage his future diligence and fidelity) would please to allow and appoint him such
a Competent Salary as to yo 1 ; Excellency and Hono ,s : in yo 1 - great Wisdom and goodness
shall seem meet, and likewise direct how and in what manner the same shall be paid —
And shall Pray &*■■." — Mass. Archives, vol. 62, p. 45S.
This petition was read, first, in the House, on the twenty -first of March, when the resolve
was passed and sent to the Council for concurrence. On the twenty-fourth it was con-
curred in and consented to by the Governor.
Chap. 111. This chapter is from archives, vol. 71, p. 33. It is recorded in council
records, vol. VIII., p. 36.
The " accounts " of Colonel Romer referred to in this chapter, the last of which, by an
entry in the journal of the Council, appears to have been presented to that Board and sent
to the representatives as early as March 16, 1703 -4, have not been discovered, neither has
the accompanying " memorial " by him nor the " plan of Casco Fort," both of which are
mentioned in the entry aforesaid.
When the results of Romer's management of the fund put at his disposal by chapter
40, ante, are compared with his promises, printed in the note to that chapter, it is difficult
to reconcile with a belief in the honesty and independence of the General Court their vote
of thanks to him and their readiness to approve his accounts, except by the supposition
that, perceiving in him those traits which had made Clarke and Brattle unwilling to con-
tinue in service with him, they were glad to be rid of this irascible and extravagant ser-
vant as quietly as possible and at whatever cost.
Since Romer had been intrusted with the exclusive management of the expenditures
on the Castle the records show a growing uneasiness in the House in regard to the manner
in which that service was being performed. A committee of the representatives visited
Castle Island November 25, 1703, and on the same day the House sent to the Council the
following protest : —
" Whereas this Court Pass'd a Resolve at their session in March last, Granting £00'/ for
the fortifying of Castle-Island, to be Improved for finishing those works, which are most
necessary to be done for the present Defence of the same, particularly the Platforms, and
Carriages to be done in the first place.
And another Resolve at their session in July last, Granting the sum. of 700" for Dis-
charging the Debts already Contracted in fortifying the said Island, and for the finishing
the works thereon agreeable to the Computation of Col« Romer Her Majesties Engineer,
Dated July 21* 1703.
And whereas both the s<i sums are almost Expended, the Platforms, and Carriages are
not yet made, particularly the south East Platform on the Hill, slighted and almost broken
up, which seems to be of great Conseqvence, and the Platform in the south East Bastion
of the old works, not laid, altho. we were Promiss'* the first £500. should be Improved for
that end, nor necessary Lodgings provided for the souldiers, but instead thereof a new
Boat, and a House for Entertaining it are built to the Expence of many Pounds, being
none of those things Enumerated in the Computation afores 1 } but very unnecessary, the
Castle being before sufficiently provided with Boats.
Resolved That the neglect of the finishing the Works afores d so necessary for the present
Defence, and for which the Grants af ores'} were made, and the application, and Expence
of the money afores d to other and unnecessary uses is a Grievance." — Mass. Archives,
vol. 70, p. 6 GO.
This paper was read in Council on the twenty-sixth, but nothing further appears to have
been done.
On the second of December the House renewed their complaint of Romer's management
in a declaration, addressed to the Governor, of grievances which they prayed to have re-
dressed. The clauses in this paper which refer to the work and discipline at the Castle are
as follows : —
" The Mony Last Granted (to ye vse of ye Fortification at Castle Isle being 700'/) to be
drawne out by Coll. Romer & M r Bratle for ye finishing of sd Coll. projections then layd
before ye Court : m r Bratle not accepting yt betrustmt this house are at a Loss who shall
Informe them of y e Regular drawing of ye same : or whether any Remayne. This house
haueing made Enquiry of ye Comitte yf went to s l1 Castle ye 25 th Nou? Last whether
seuerall of sd Coll. Romers projections were finished, sd Comitte Informe y l seuerall of
y e same are not yet accomplished; tho, he promissd they should be first done being of
Greatest Importance as this house Concerned at the Granting sd sum. viz' ye platforms
* See footnote §, vol. VII., pp. 504, 505.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 337
are not yet all repaird nor ye Guns all mounted: The Line of Guns on ye 60-east part
of ye Isleand out of Repair : part of ye sd platforme being puld up & y e Guns Remoued :
also ye house for Lodging of souldiers not yet made.
We pray j Tt Due Care be taken y 1 y a chaplain may Reside at y e Castle, y< ye worship of
God may be upheld amongst those y l Continue there, y' they may daily attend y e same; &
y l If any neglect ye same such may be animadverted upon.
And y l uut any t>son may be there allowed to sell strong drink for ye Impouerishing ;
ye parents, masters or families of such as are posted there." — Ibid. ,21. 666.
This declaration and petition was read in the House on the day it was presented and
sent to the Council, where it was immediately read, but no action taken untii their next
meeting, eleven days later, when it came up for consideration and the Governor proposed
that Colonel Romer be served with a copy "and that the same be referred to him to
answer."
The second of December was the last day of the session, and, according to custom, the
Governor, after signing, in the presence of the Speaker and representatives, who had come
up to the council chamber, the several acts of the session which had not previously been
approved by him, " acquainted the House that the Money that they had granted to Several
Persons & Occasions was agreed to by the Council." * He then replied specifically to cer-
tain of their objections, but made no further allusion to the work at the Castle.
The fourth session began March 8, 1703-4, and on the next day Dudley delivered his
speech to the Assembly in which he declared " I think there is but a very 6mall Matter
remayning to be done at the Castle the Disburse for which as well as the Generall 6tate of
your publiq; accounts I have directed the Treasurer to Lay before you."f
The account thus submitted by the Governor may have been kept with the province
, treasurer by Zechariah Tuthill, lieutenant of tire Castle, to whom money was paid on
Router's account, after Brattle had declined to have further charge of • it. It appears
that Romer's " account of the disburse of the last grant of seven hundred pounds " was
presented to the Council and sent down to the representatives on the sixteenth, as stated
in the beginning of this note.
The two hundred and fifty pounds allowed by this chapter is charged as paid to Brattle
in the following entry in the province treasurer's account from May 26, 1703, to May 31,
1704: —
"Paid Mr Thomas Brattle for the finishing of the workes of the Fortify-
cations on Castle Island Viz^ for makeing y e Carriages & Platforms
necessary, the finishing y e South East & South West Bastions & for
building Lodgings, pursuant to a Grant of the General Assembly at
their sessions in March 1703 /4 250..-,.-."
— Ibid., vol. 122, p. 181.
See chapter 122, post, and resolves, 1704-5, chapters 20 and 24.
Chap. 112. This chapter is from archives, vol. 62, p. 462. It is recorded in council
records, vol. VIII. , p. 36.
In his speech to the representatives on the second day of the session (March 9, 1703-4)
the Governor made the following suggestion as to the need of an enlargement of the mili-
tary and naval forces of the province : —
"we are now to Look forward and I think it necessary beside the standing forces upon
the fronteirs especially in the province of Mayn which are necessary to keep off the Im-
pression of the Enemy There will be needfull very speedily a good force of English and
Indians with sloopes to attend the Coast Eastward to keep the Indians from the benefit
of the sea and Trade with the french which must be soon dispatcht and after that may be
drawn together to prevent their planting." — Mass. Archives, vol. 108, p. 15.
On the fourteenth the Council sent a message to the representatives to move them " to
revive the Bill they offered the last Session for an Establishing of the Pay for Vessels taken
up for War & Transports & Officers & Mariners Pay." J
The order which constitutes this chapter was therefore passed and sent to the Council
for concurrence. On the sixteenth the Council referred the order to a committee consisting
of John Foster, John Walley, Eliakim Hutchinson and John Higginson. On the next
day the committee made the following report, which was read and approved and sent down
to the representatives : —
" The comitie unto whome the Bill for Establishments of vessells hire & wages for
officers & seamen was Comitted are of opinion that ther should be paid
for open sloops 4/ ¥* tun t* month,
for deck vessells from 30 to 50 ': tuns. 5/ P 1 tun.
Transport Deck vessells from 50 Tun to 100 tun 5/ 6<* ¥ Tun
for vessells taken up for warr
vnder 70 Tuns sutably Guned 6/ 6<* p pr : § Tun P m?
from : 70 tun to 120 tuns sutably guned. '8/ t> Tun P in ,
from. 120. Tuns upwards sutably Guned. 10/ V Tun. ¥ m°.
wages.
Masters of open vessells. 3" P 1 month.
master of Deck vessells from 30 Tun to 50 Tuns. 3* 10" p> m°
masters of Deck, vessells from. 50 tun to a hundred Tuns. 4/ 10 s F m°.
for warr.
Capts of ships or vessells vnder 70 Tuns : at 5 11 ty month
Capts. of ships from 70 to 120 Tuns at 6' t> m°.
Capts ; of ships from 120' J upwards, at 7 K $> m°.
* Council Records, vol. VIII., p. 22.
t Mass. Archives, vol. 108, p. 16.
\ Council Records, vol. VIII., p. 28.
§ Sic.
338
Province Laws {Resolves etc.). — 1703-4. [Chap. 112.]
And when any master of an open Sloop or Transport shall cary Souikler & be improued
as a steward his wages may be aduanced as y e Gouerner & Councell shall se meet not
exceding twenty skill -s V month.
And that all vessells Improued for y e publique that shall be taken or Damnified by the
Enimie it shall be made good by the prouince
To officers of Uessells of warr that are under 90 Ton & not less then 50 Ton, And TJes-
sells hyre
To a Captin flue pounds P m°
To a Gunner : 50 f P m° —
To a Boatswaine 40? P m° —
To a Carpenter — 40 P m<>
To the Uessell well fited with guns 7 sh Pm"? Tonn." — Ibid., vol. 62, p. 464.
On the twentieth the representatives returned the order as originally drawn "without
any Amendment agreable to the Report of the Committee." The Council thereupon
ordered it "to ly upon ye Board."* On the twenty-second " The Secretary, John Walley
& Andrew Belcher Esqrs'were sent on a Message to the House to move their further Con-
sideration of the Bill," + etc.
The House again sent up the bill " with some further addition made thereto " Appar-
ently the alterations were the changing of " forty" to " fifty," in the seventh and ninth lines ;
correcting a clerical error in the twentieth line ; changing " six " to " seven," in the twenty-
first line ; striking out " mate that is," before "gunner," and substituting " fifty shillings "
for "also three pounds," after "gunner," in the thirty -fourth line; substituting " forty"
for "five and thirty," after "boatswain," in the thirty-fifth line; and adding the final
clause beginning with " and all vessels," in the thirty-seventh line.
Finding the House firm in thus insisting upon the substance of their original draught,
the Council, on the twenty-fourth, voted to concur in it, in the form in which it appears
in this chapter, and it was consented to by the Governor.
An account of the military and naval expedition under Colonel Benjamin Church, which
was the immediate inducement to the passage of this chapter, is given in the note to chapter
100, ante. Besides the two ships of the royal navy, the Province Galley, the brigantines
John and Abiel.J and The Adventure,} therein mentioned, and the ship Greyhound, § the
following is a list of the vessels employed in the expedition : —
Scout.
Shallop .
Phcenix
Benjamin Pickman, master.
Mail-boat.
Sloop
Planter
John Kent, master.
Transports.
Ketch
Sloop
Sarah
Peter
Friendship
Coronation
Endeavor
Trial
Friends' Adventure
Mary
Adventure
Hannah and Ruth
Mary
Abigail and Mary
Eunice .
Falmouth
Success .
Swallow .
Bonadventure
John Blower, master.
Jonathan Hilton, "
Nicholas Snow, "
Benjamin Goold, or Gold, master.
Samuel Stephens, master,
John Wells,
Nathaniel Atkins, "
Joseph York, "
Edward Church, "
William Walters, "
James Gold, "
John Cocke, "
John Cooke, "
Richard Carr, "
Henry Newman, "
Jotham Odiorne, "
Jonathan Hart, "
Transports and tenders.
Sloop
Bachelors' Adventure
Centurion II
Samuel Butt, master.
John Mitchel, "
* Council Records, vol. VIII., p. 32.
t Ibid., p. 34.
j By an entry in the province treasurer's account the owners of the John and Abiel appear to
have been Nathaniel Jarvis (the captain) and company, and the owners of The Adventure, Henry
Franklin and others. — Mass. Archives, vol. 122, p. 229.
§ Andrew Willson, commander. Her crew consisted of twenty-four men, and she carried Col-
onel John Thacher's command, consisting of thirty-six English and nineteen Indians from Barn-
stable County. As Thacher's force was paid for their service " on board said ship " this vessel
must be classed as of the navy.
|| Tender to the G-osport.
[Notes.] Province Laws (Resolves etc.) — 1703-4. 339
Of rear.
Sloop . . . Anne Ebenezer Coffin, commander.
In addition to the foregoing, thirty-nine whaleboats were taken up for the service, as
appears by the following entry : —
" Paid Cob Nathan'} Thomas & L.t Col° Jn» Gdreham on behalfe of
Severafpersons for 39. whale boates taken up for her Mai 1 "* ser-
vice in v e Late Expedition into y e Bay of Fundey .... 206,, 16 „ 11."
— Ibid., vol. 122, p. 229.
Chap. 113. This chapter is from archives, vol. 47, p. 245. It is minuted in council
records, vol. VIII., p. 34.
By the eighteenth article of the royal instructions to Sir William Phips he was required
" to take care that drunkenness and debauchery, swearing and blasphemy be severely pun-
ished," etc. Substantially the same direction was contained in the twenty-second article
of Bellomont's instructions and in the thirty-seventh of Dudley's. Queen Anne's instruc-
tions to Dudley were reenforced by her proclamation against profaneness (March 26)
which may be seen in the London Gazette. That it was known in New England appears
by an entry in Sewall's Diary* under date of December 8, 1702.
Profaneness, it will be remembered, was one of the offences for the suppression of which
the clergy had repeatedly memorialized the General Court, and which led tothe enactment
of chapter 15 of the acts of 1696. See note to resolves, 1696-7, chapter 57.
The declaration which constitutes this chapter was drawn and passed in Council March
23, 1703-4, and sent to the representatives for concurrence. It was concurred in on the
following day and signed by the Governor.
Chap. 114. This chapter is from archives, vol. 48, p. 361. It is recorded in council
records, vol. VIII., p. 38.
After prorogation of the General Court July 31, 1703, the Governor, apparently in
response to his representation of his ill-success in securing the establishment of perma-
nent salaries in conformity to his instructions, received a letter from the queen dated
April twentieth, communicating to the Council directly that article of his instructions.
This letter has not been found, but the following copy of the representation of the Lords
of Trade, dated April second and approved by the Privy Council on the tenth, is given by
Palfrey : —
" As to the Province of the Massachusetts Bay, which is a charter government, the in-
habitants have been always averse to any compliance with the directions that have been
frequently sent from hence for settling a fixed revenue for the support of that government
or the Governor ; and upon application made to the Council and Assembly by Colonel
Dudley, your Majesty's present Governor, pursuant to your Majesty's instructions to him,
they have wholly declined the same, persisting in their usual way of making only tem-
porary provisions for the charge of the government, whereby they have kept your Maj-
esty's Governors there in a continual dependence upon them for voluntary presents, which
to the present Governor have been as yet very inconsiderable.
Whereupon we humbly offer that your Majesty would be pleased, by a letter under
your royal sign manual, directed to the Council of that Province, to be communicated
likewise to the Assembly, to require them that, in consideration of the great privileges
they enjoy, they do settle a constant allowance, suitable to the character and dignity of
that government, without limitation of time, upon the Governor, together with a fitting
provision for the Lieutenant-Governor or Commander-in-chief for the time being ; in which
letter it may be intimated to them that, if they neglect this opportunity of complying with
your Majesty's just expectations, your Majesty will be obliged to have recourse to such
remedies as may be proper and effectual in order to a due provision herein." — Hist, of
New England, vol. IV., pp. 254, 255, note.
This letter the Governor mentioned in his speech to the Assembly on the first of Sep-
tember at the opening of the second session. By the following entries in the council rec-
ords it will be seen that the letter was first submitted to that Board, and, agreeably to their
advice, communicated to the Assembly on the next day : —
" Sept. 1, 1703. Her Majesties Letter of the 8'.»t of April 1703, directed to the Govern* 1
& Council was presented by his Excy. & Read at the Board, Containing her Majifs Com-
mands That it be communicated to the Gen'.i Assembly at their first Meeting next after
the Receipt thereof, Therein signifying her Royal Will & Pleasure, That in Regard of the
great Privileges her Maj«* Subjects iii this Province do enjoy, They forthwith settle a con-
stant & fixt Allowance to the Governy suitable to the Charecter & Dignity of this Gov-
ernmt together with a fitting Provision for the Lieut. Govern^ or Commander in Chief for
the Time being &c."— Vol. VII., p. 430.
" Sept. 2, 1703. Her Majesties Letter read Yesterday at the Board was sent down to the
Representatives by James Russel Esqy." — Ibid., p. 431.
The earliest action of the representatives upon this letter was on the sixth, and is re-
corded as follows : —
* "Enclos'd the Gazett that had the Queens Proclamation against Profaneness." — Vol. II., p. 69.
t Probably the Secretary's mistake for the twentieth, which was the date of the letter referring
to salaries. Possibly the letter which came by the fleet, referring to Pemaquid, was dated the
eighth.
340 Province Laws (Resolves etc.) — 1703-4. [Chap. 114.]
"Sept. 6, 1706. A Message was brought up from the Represents by M r Jevvett, Cpt.
Savage & M r Denison, To Acquaint his Excy. That the House desired That the Consid-
eration of the Matter contained in her Maj'. es Letter referring to Stating a Salary for the
Govern^ might * refer'd to an other Session, The House being small & many of their Mem-
bers absent." — Ibid., p. 432.
This message would seem to have been oral, since, on the next day, the representatives
gent a written message to the Council, as follows : —
"Sept. 7, 1703. . . . this House have read & considered her Majesties Letter to his
Excy. dated April 20'- h 1703, Referring to the Settling of a Salary for the Governour &c,
But forasmuch as the Members of four entire Counties & also sev u other Towns are at
this Time prevented attending her Maj'p Service in this House by Reason of y° Troubles
with the Indians & otherwise, Do apprehend it their Duty to defer the further Considera-
tion thereof until a fuller House shall appear." — Ibid.
On the ninth the General Court was prorogued to the twenty-seventh of October, with-
out further action upon the subject of the queen's letter.
During the recess the fleet homeward bound from Jamaica (the speedy arrival of which
the Governor, in his speech at the beginning of the first session, had mentioned as a reason
for hastening his visit to the frontiers) had reached Boston, bringing further orders from
the Privy Council.
In his speech at the opening of the third session (Oct. 27, 1703) the Governor, having
summoned the House before him, addressed them as follows : —
"... I have to Comunicate to you her Majestyes repeated Command, which I have
receivd by these shipps of her Just Expectation that you do settle a salary upon your
Governour for his honorable support as you tender her princely reguard and favour for
you . . ." — Mass. Archives, vol JOS, p. 11.
He then directed the Secretary to read the queen's two letters — one requiring fixed
salaries for the Governor and the Lieutenant-Governor and the other the building of a
fort at Pemaquid,t after which he delivered to the Speaker a copy of his speech and dis-
missed them.
Having received no response to this communication, on the fourth ot November he sent
a message to the House, " by John Higginson & Isaac Winslow Esq™ viz' That at the
Opening of this Session he had communicated two several Letters from her Majesty, the
one relating to Salaries for the Govj & other Officers, & the other relating to Pemma-
quid, which are now lying before that House, & had in his Speech recommended the
Consideration thereof, & desired that those Matters might be proceeded upon, & that no
Member might be dismiss'd until Answers were made thereto- —
The Messengers returned Answer that the House were upon Consideration thereof."!
Eleven days more elapsed without any responsive communication from the House, when
another message was sent to them, by Samuel Sewall and the Secretary, to inquire what
they had done " upon consideration of her majesty's commands " contained in the queen's
two letters, to which the Speaker answered that " the weather had prevented many of the
members coming and that they had not a full house at present but were preparing their
answer to those two letters." On the same day Samuel Legg having informed the Gov-
ernor and Council "that the House of Represents have addressed her Majesty'ref erring
to the Affair of Pemmaquid, & that the said Address hath been forwarded by several Con-
veyances," § it was " Ordered that a Message be sent to the House forthwith to lay a Copy
of the said Address before the Board." $
On the sixteenth another message from the Council was sent, in which the return of the
two letters from the queen, which had been laid before the House at the beginning of the
session, was requested. The House immediately returned the two letters, and on the same
day sent up the following message, from which it will be inferred that they had suspected
the Governor || of being the instigator of the threat of coercive measures by the Lords of
Trade : —
"... That this House Prays the Copys of His Excellency's Letters, sent to Whitehall,
referring to the affaires of this Province may be laid before them, which His Excellency
was Pleas'd at the session of this Court in Cambridge, to say he would flavour them with."
— Mass. Archives, vol. 70, p. 661.
This was followed by an oral message from the House on the same day, which contained
no reference to the Governor's salary but was responsive only to the message requesting
a copy of the address of the House to the queen. This message the Governor declined
to receive, on the ground that being in reply to a written message it should likewise be in
writing.
Upon the rejection of this oral message the House sent up a message in writing, relating
to the subjects of both the queen's letters, of which the following is the first part : —
* Sic. t See note to chapter 52 of the resolves of 1705-6.
X Council Records, vol. VIII., p. 5. § Ibid., p. S.
|| The files and journals of the Lords of Trade, now open to the public, show that the suspicions
of the House were not whohy unfounded. December 10, 1702! while smarting under the rebuff
received from the representatives, by whose firm refusal to yield to liis request for au increase of
salary he had been forced to accept their grant of two hundred pounds less than a week before,
as shown in the note to resolves, 1702, chapter 61), Dudley wrote to the Lords of Trade as fol-
lows: —
" The figure this government makes is by no means so good as an ordinary head-borough in the
kingdom of England, while they are a very important Province, and have the best harbors and
outlets to the sea in all North America. The major part of the people by far would rejoice to be
annexed, and brought under her Majesty's immediate commission, if her Majesty please so to
command. . . . The Council being of the people's election, many of the most loyal people and of
the best estates are not employed, and those that are so, many of them are Commonwealth's men,
and all do so absolutely depend for their station upon the people that they dare not offend them,
and so het Majesty has no manner of service from them." — Palfrey's Hist, of 2few England, vol.
IV., p. 252.
[Notes.] Province Laws {Resolves etc.), — 1703-4. 341
" Nov. 16, 1703 . . . May it please your Excellency ; In Answer to that part of your
Excys Speech, referring to settling of perpetual Salaries, & building a Fort at Pemmaquid,
Imprimis, It hath been the Priviledge from Henry the third & confirmed by Edward
the first, & in all Reigns unto this Day, granted, & is now allowed to be the just & un-
questionable Right of the Subject, to raise when & dispose of how they see Cause, any
Sums of money by Consent of Parliament, the which Priviledge We her Majesty's Loyal
& Dutiful Subjects have lived in the EnjoymJ of, & do hope always to enjoy the same,
under Our most gracious Queen Ann & .Successors, & shall ever endeavour to discharge
the Duty incumbent on us; But humbly conceive the Stating of perpetual Salaries not
agreable to her Majesty's Interests in this Province, but prejudicial to her Majesty's good
Subjects. . . ." — Council Records, vol. VIII., p. 10.
Two days later the Council once more moved the House on the subject of the Governor's
salary. The record is as follows : —
" Nov. 18, 1703. Elisha Hutchinson, John Walley, John Foster, Tenn Townsend, Daniel
Pierce & Edwd Bromfield Esq™ were sent on a Message to the Represents to move the
House to consider of a suitable Allowance to his Excellency the Governour &c." — Ibid.,
p. 13.
After waiting five days the following entry was made in the records of the Council,
which seems to indicate that the House had asked for a reply to their request of the six-
t3enth, the entry being a sentence in the Governor's speech to the House : —
"Nov. 23, 1703. ... As to the Houses Motion to see the Copies of his Letters sent to
Whitehall referring to the Affairs of this Province, his Answer is, that he made no such
Promise . . ." — Ibid ,p. 15.
Although the session lasted until the second of December no record of, further action
on the subject of the governor's salary has been discovered until the last day, when a mes-
sage was sent down to the House respecting the salaries of the governor and lieutenant-
governor, as follows : —
"Dec. 2, 1703. Wait Winthrop, James Russell, John Phillips & Penn Townsend Esqrs
were sent on a Message to the Represent^ to ask, wnether the House had had Considera-
tion of the Message sent them a Fortnight since for a suitable Allowance to be made to
his Excy the Governour & the Lieut Governour." — Ibid., p. 20.
The following is the record of the reply which the House made to this message : —
" Dec. 2, 1703. The Messengers reported that M r Speaker said, he was instructed by the
House to say, They had a Paper of Grievances to send up, & when they were redress'd
they would further consider that matter." — Ibid.
In his speech at the beginning of the fourth session (March 9, 1703-4), the Governor
seems to have studiously avoided any allusion to the subject of permanent salaries, nor
has any legislative action upon the subject been discovered until the eighteenth, when the
following entry appears : —
" Wait Winthrop, John Hathorne, Elisha Hutchinson, John Foster, John Walley, Isaac
Winslow, Ephraim Hunt& Nathanael Payne Esq 1 ". 3 were sent on a Message from ye Coun-
cil to the Representees^ to move the House to a Consideration of an Allowance for the
hon b . le Support of his Excellency the Governour." — Ibid., p. 31.
Upon the last day of the session the following proceedings are recorded : —
"March 25, 1704. A Tote sent up by the Represent^ granting an Allowance of two
hundred Pounds to his Excellency the Governour for & towards his Support in the Gov-
ernment, being read, The Council express'd themselves not satisfied with the Sum, And
desired that all the Gentlemen at the Board that went not on the Message the eighteenth
Current, would carry the said Vote back to the House & move their Reconsideration
thereof, to Augment the Sum, Also to move their Consideration of an Allowance for the
Lieutenant Governour, There being nothing allow'd to him as Captain of the Castle in
passing the Muster-Rolls of that Garrison." — Ibid., p. 31.
" March 25, 1704. The Vote of the House for an Allowance to his Excy. was brought
up again without any Addition made by the Represent^ to the Sum." — Ibid.
" March 25, 1704. Andrew Belcher & Samuel Hayman Esq™ were desired to go on a
Message to move the House to a further Consideration of the Allowance proposed for his
Excellency, . . ." — Ibid.
"March 25, 1704. A Message from the Representatives by M* Blagrove & others, That
the Mind of the House had been tried, And they have resolved not to raise any further
Money this Session : — And the Said Messengers brought up again the Vote for an Allow-
ance to his Excellency without any Addition made to the Sum." — Ibid.
Cpon the receipt of this last message the resolve as originally drawn was concurred in
by the Council and consented to by the Governor.
The executive records of the council, from February 29, 1703-4 to June 6, 1704, are miss-
ing, but an entry in the accounts * of the province treasurer shows that the amount allowed
by this chapter was duly paid. See note to chapter 46, ante.
Chap. 115. This chapter is from council records, vol. VIII., p. 40, and archives, vol.
17, p. 110.
The petition referred to in the preamble to this chapter is as follows : —
" To his Excellency Joseph Dudley Esq? Captain General and Governour in Chief, The
Hon bl , e Council and Representatives of Her Ma'ys Province of the Massachusetts Bay in
New England, convened in General Assembly the Eighteenth day of April 1704. —
The Petition of George Waldron and Rachel his Wife Thomas Baker, John Baker, and
Henry Bridgham Guardian of Mary Baker Spinster, children, Grand children, and Heires
* Mass. Archives, vol. 122, p. 191.
342 Province Laws {Resolves etc.). —1703-4. [Chap. 115,]
of Thomas Baker, late of Boston, within the county of Suffolke Blacksmith and Leah his
Wife both deceased
Humbly Sheweth
That whereas the s^ Thomas Baker, and Leah his s? Wife died Seized in Fee, of Several
Lands, Tenements, and Hereditaments, lying Situate in Boston afores?, and else where,
which by the Death of the s^f Thomas aud Leah, are descended and come to yoj" Peti-
tioners, as their rightful and Lawful heires. And whereas there are Sundry Debts justly
due & Oweing from the s4 Estate, which necessarily requires the makeing Sale of some
part of the s<J Lands, to rayse money for the payment thereof. And yof Petitioners also
Apprehending, that it will be most for their Advantage to dispose of the whole, and have
jointly consented and Agreed so to do. But forasmuch as the said Mary being but About
Sixteen year old, is not of lawful Age to pass and Execute any Deed or Instruint in the
Law for the conveying of her part and Interest therein. Altho she is consenting to, And
desirous that Sale be made as Aforesaid. — HP
Yo. r Petitioners humbly pray, That yof Ex<7 and This hon b 'e General Assembly, will
be pleased to Impower the said Henry Bridgham Guardian as afores^ to Act for her tbe
said Mary, and joyne with yof other Petitioners in makeing Sale of the premisses, and to
Execute Deeds in her name Accordingly. —
And yor Petitioners as in Duty-bound shall ever pray &c
Geokg Waldron
her mark
Rachel R Waldron
Thomas Baker
John Baker
Henry Bridgham
I the above named Mary Baker am consenting to the Sale of the premisses above men-
tioned. And pray the said Henry Bridgham may be Impowred to Act for me therein ac-
cordingly. — Signum
Mart MB Baker." — Mass.
Archives, vol. 17, p. 1Q9.
This petition was read in the Council on the nineteenth and the order which constitutes
this chapter was passed thereon and sent to the representatives for concurrence. On the
following day the order was concurred in by the House and consented to by T the Governor.
The will* of Thomas Baker, ironmonger, dated November 11, 1696, was admitted to
probate April 23, 1698,f and letters testamentary were thereupon issued to his son Thomas
and to his daughter Rachel, wife of George Waldron. His wife was Leah, daughter of
Thomas Clarke, senior. Thomas the son and co-executor died January 10, 1702-3,:}: leaving
sons Thomas and John and a minor daughter Mary.
Henry Bridgham was appointed guardian of Mary, October 14, 1703. J She is described
as being then "about fifteen years of age."
Ten days before the passing of the order which constitutes this chapter all the persons
interested as above in the real and personal estate of Thomas Clarke had joined in exe-
cuting an agreement || for partition and distribution of the said estate, mutually covenaut-
iug to forfeit seven hundred pounds in case of failure to fulfil the stipulations agreed upon.
It is probable that a doubt as to the power of the guardian of the minor to bind his ward
in this manner induced the parties to apply to the General Court for the necessary au-
thority.
The following extracts from conveyances expressly made under the authority of this
chapter show the bounds of the several premises conveyed by the grantors, who are de-
scribed as "George Waldron of Bristol in the county of Bristol within the province of the
Massachusetts Bay in New England, blacksmith, and Rachel his wife, the only surviving
child of Thomas Baker late of Boston within the county of Suffolk in New England,
aforesaid, blacksmith, and Leah his wife, both deceased, Thomas Baker, brazier, John
Baker, merchant, Henry Bridgham, tanner, guardian to Mary Baker, spinster, all of Boston
(which said Thomas, John, and Mary are the three surviving children of Thomas Baker,
deceased, the eldest son of Thomas and Leah Baker, abovenauied)."' These deeds also
show the consideration paid for the several estates conveyed and the names of the grantees.
For the location of these estates, as given after each description, the editor is indebted to
Mr. Henry H. Edes.
The first conveyance was to John Mico of Boston, merchant, and was dated Aug. 25,
1704. The consideration was one hundred ninety pounds, "in current money of New
England." The estate is described as, —
"... All that their Messuage or Tenemf Land and orchard Scituate lying and being at
the upper end of School House lane so Called, on the Southerly side thereof in Boston
afores<J abutting and fronting Northerly on the said Lane where it measureth in breadth
about Sixty Six foot little more or less, Southerly in the rear by the Land of Samuel
Sewall Esqf where it measureth in breadth about Seventy foot little more or less ; Easterly
bounded by the Land of Elisha Cooke Esqr and Westerly by the Lands of Arthur Mason
Robert Orchard Anne Pollard Widow and others ; Measureing on each of the said two
sides in Length or Depth Two hundred ninety five foot little more or less ; or howsoever
otherwise the same is butted and bounded or reputed to be bounded, late in the Tenure
and Occupation of Thomas Baker dece<J (Eldest Son of Thomas and Leah Baker) being,
and was formerly parcel of the Estate of Thomas Clark of Boston afores^ Shopkeeper
Father of the said Leah Baker, and whereof he dyed Seized, Together with all and Singular
* Suffolk Probate Records, lib. 8, p. 142 (No. 2446).
t He died Jan. 3, 1697-8. Boston Births, etc., Rec. Com. Report, p. 238.
j For this date the editor is indebted to Mr. W. H. Whitmore, Commissioner of Records,
Boston.
§ Suffolk Probate Files, No. 2835.
|| Suffolk Registry of Deeds, lib. 21, fol. 541.
[Notes.] Province Laws {Resolves etc.). — 1703-4. 343
y e Houses Edifices buildings Trees, and fences thereupon standing rights Members here-
ditam' 3 ways Allys passages waters watercourses protitts privilidges Commodities EmolumV'
and appur c « whatsoever thereto belonging or in any kind appertaining ..." — Suffolk
Registry of Deeds, lib. 21,fol. 078.
This estate is included in the present site of the Parker Honse. It -was a part of the
original possession of " John Synderland," and lay between that of " Zacheus Bosworth "
(which made the southeasterly corner of School and Tremont streets) on the west, and the
site of the Boston Public Latin School on the east.
The second conveyance was to John Foster and Andrew Belcher of Boston, " trustees
named by Dame Mary Phips,* now Sergeant," and was dated September 8, 1704. The consid-
eration was four hundred pounds in New-England currency. This estate is described as, —
"... All that their Messuage or Tenement and Tenements with all the Land yard3
Gardens backsides housing Shops Edifices buildings Slaughter houses Easm" and fences *
Standing ttiereon and thereto belonging & adjoining Scituate standing and being in Boston
aforesd in the present tenure and occupation of Thomas Cox Butcher Martha Cox Spinster
William Bissick Barber James Jarvis Blacksmith & others Fronting butted and bounded
on and by tbe broad Street, leading from the Town house to the Southerly end of the s*
Town westerly by the housing and Land in the present Tenure and occupation of the
widow of Joseph Russell dece<J northerly, by the Land of Anne Hawkins widow, and Mary
Savage (late Ofield) Easterly, and by the high way or Lane that leads from the broad
Street afores<J to Peter Olivers Dock, commonly so Called ; or however otherwise bounded
or reputed to be bounded ; Measuring in breadth on the afores<? broad Street Seventy one
feet and a half ; by the housing and Land in the present Tenure & occupation of the widow
Russell (sometime the house and Land of Samuel Oliver dece?) Seventy-Seven feet, meas-
uring along by the house of the s& Anne Hawkins Twenty one feet, thence along the North
end of the s<i house to the Land late of Thomas Ofield Twenty feet ; and thence Easterly
by the Land of the said Ofield Twenty one feet ; and measuring by the afors<J highway
or Lane Seventy Six feet and half be the dimentions on either side little more or less :
(which housing and Land aforesaid were Sometime the Estate of mj Thomas Oliver of
Boston deced Together with all and Singular the wars ally's passages waters watercourses "
etc. — Ibid., lib. 22,fol. 33.
This estate is on the easterly side of Washington Street, and makes the northerly corner
of Water Street. Its northern boundary is the lot bequeathed, in 1660, by Henry Webb
to Harvard College, and long leased by it to Messrs. Little, Brown & Co., the present ten-
ants. The office of the " Boston Journal " is now (1895) on a part of the estate, while the
Fleets (printers) owned, at one time, the part which makes the corner of Water Street.
The third conveyance was dated October 23, 1704. It was by all the above grantors, ex-
cept Waldron and his wife — they being the grantees named therein. The consideration
was fifty pounds, New-England currency, and the premises were described as three undi-
vided fourth parts of, —
"'. . . all that certain Close or Pasture Land of the s<J Thomas and Leah Baker, and
whereof they dyed Seized, Scituate lying & being at the Lower end of the common or
Training Field in Boston abovesaid, butted and bounded on the East by the Land of Edwd
Bromfield Esqr on the North & West by the sd Common or Training Field, and on the
South by a highway or Lane leading into the s<J Common or however otherwise the same
is bounded or reputed to be bounded. Measuring on the Easterly side three hundred feet,
on the Northerly side Two hundred Sixty one feet on the westerly side Three hundred
Sixty one feet, and on the Southerly side Four hundred Thirty Eight feet oi thereabout,
be the dimention on either side little more or less Together with the fencing thereon Stand-
ing rights members " etc. — Ibid.,fol. 4 7.
This close includes the burial ground and deer park at the southerly end of the Com-
mon, its frontage being on Frog Lane, now Boyiston Street, opposite the old.Public Library
Building.f
The fourth conveyance was to Nathaniel Byfield of Bristol, and was dated September
29, 1704. j The consideration was seventy pounds in New-England currency.
After reciting that, — ". . . Whereas Thomas Clark sometime of Boston afors d Shop-
keeper Father of the said Leah in and by a certain Deed of Gift § bearing date the Twenty
Second day of November An° 1676 . . . Did give and grant unto his Daughter Elizabeth
Stevens " in tail "... All that his part of the Dwellinghouse and Land thereto belonging
late before in the occupation of his Son Thomas Clark, scituate in Boston aforesd butted
& bounded East by the street, South by the house and Land of Nathaniel Byfield, West
by the Land of the late M r .* Minot and North partly by the Land of John Morse and
partly by the || of Thomas Bumpstead, and" that "for Default of . . . issue" the said
estate " to remain unto the . . . use . . . of the Surviving Children of . . . s d Thomas Clark
the Donor," and that "... Whereas the s<) Elizabeth Stevens Departed this Life leaving
no issue of her body," so that "... the aforementioned House and Land at her decease
remained and came unto Thomas Clark, the abovenamed Leah Baker, and Deborah By-
field, the three Surviving Children of Thomas Clark the Donor in Equal thirds and to
their heirs respectively forever, which third part of the premisses accruing unto the said
Leah Baker is by her Death Descended and doth of right belong unto us the said Rachel
Walker [Waldron] Thomas Baker John Baker and Mary Baker (in right of our tfather
* The widow of Sir William Phips. She was married to Peter Sergeant of Boston, October 9,
1701, and died January 20, 1705-6.
f See Shurtleff's Topographical and Historical Description of Boston [third edition], p. 235,
et »eq.
% On which day it appears to have been signed by all the grantors except Waldron and wife,
who did Dot execute it until December 6, 1705.
§ Sufiolk Iiegistry of Deeds, lib. 11, fob 73.
II Sic.
344 Province Laws (Resolves etc.). — 1703-4. [Chaps. 116-119.]
Thomas Baker deceased) ," * — the grantors convey to said Byfield said one-third of the
above-described premises.
This lot is on the westerly side of Washington Street. It is contiguous, on its southern
boundary, to the Ames Building on the southwesterly corner of Court and Washington
streets.
Mary Baker was married to Jonathan Simpson as early as June 14, 1707. This appears
by Simpson's discharge to the guardian on record as of that date.f
Chap. 116. This chapter is from archives, vol. 71, p. 38. It is recorded in council
records, vol. VIII., p. 41.
The section of the act % referred to in this chapter applied only to the land forces. The
order (chapter 112, ante) by which the wages of officers and mariners employed in the naval
. service of the province were fixed, contained no provision for granting them the benefit
of plunder and the proceeds of the sale of prisoners, and offered no bounty for scalps.
In the extract, printed in the note to chapter 100, ante, from Dudley's speech to the Gen-
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