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Full text of "Acts and resolves passed by the General Court"

THE 



ACTS AND RESOLYES 

PUBLIC AND PRIVATE, 



Province of the Massachusehs Bay: 



TO -WHICH ARE PREFIXED 



THE CHAETERS OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDLX. 



Px:b.:shei. i:m,ER Chapter 87 or the Reso.tes op the Gexer.. Co.rx 
OP THE Commonwealth for the \ear 186.. 



Y O L U M E IX., 
BEING VOLUME iV: ! '9^:^^^|i ' A^PIf ^f ^; 



containing 



RESOLVES, ETC., 1708-1720'. 



) J. », 



BOSTON: 

WEIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1902. 



oi, 



6e^ 



•i.AV^ 



PREFACE. 



The publication of the Province Laws of Massachusetts, stopped in 
the year 1896, was taken up again, under new legislation, ^ in the summer 
of 1900. Mr. Goodell, the former editor, having declined reappointment, 
Melville Madison Bigelow, Esq., was appointed editor, — first under a 
newly created Board of Editors, and then, in 1901, the Board having com- 
pleted their duties and resigned, editor in full charge of the work.^ 

The records printed as chapters under the present editorship are 
records of legislation in the legal sense of the term. Only such records, 
therefore, have been printed as have had the sanction of the tliree branches 
of government, and were calculated, directly or indirectly, to affect legal 
rights .^ 

The records, accordingly, have been edited as statutes. Notes have 
been omitted except where it has been found necessary (as, for instance, 
in the case of an ellipsis) to make some explanation in regard to the text. 
The marginal references are of two kinds, — those above the line referring 
to the source of the printed text, those below referring mainly to records 
of the steps leading to the particular statute, to records bearing on the 
construction of the same, to evidence of the Governor's approval where 
the evidence does not' appear in the usual place, and to notes of Mr. 
Goodell in former volumes, in which the statute may already have been 
printed.* 

Sometimes, as has just been intimated, the evidence of the Governor's 
approval is indirect ; but whenever such evidence has been found clear it 

1 Acts of 1899, chapter 477 ; see also Acts of 1894, chapter 387. 

2 Subject,- according to the statutes just cited, to the control of the Governor and Council. 

3 Included among the chapters will be found orders of hearing or notice and appointment of com- 
mittees (having the Goverilor's approval), where the action of the Legislature was not an interlocutory 
proceeding in the course of some particular object already on foot, or a step leading presently to final 
action on the subject. Sometimes even in such cases it has been found desirable — sometimes it has 
been necessary — to print the whole series of proceedings. 

^ Prior to the year 1715 references of the last description are given in foot-notes. 



IV PREFACE. 

has always been accepted. In such cases the editor's entry of the date of 
the particular piece of legislation has been starred, thus, " [_Passed*'' on 
the date here named. The date referred to, it may be remarked, is that 
of final action, whether by the Council or the House. The date of the 
Governor's approval seldom appears in the records ; the fact of his approval 
being added by the Secretary on the day of the legislative action cannot be 
depended upon as the true date. 

Indeed, the date of the record of final action in the Assembly, as given 
in the Legislative Kecords of the Council,^ cannot be accepted as conclusive 
where the final action, that is, concurrence, took place in the House of 
Kepresentatives. From the year 1715, when the House began to print its 
records, the House Journal has enabled the editor, in most cases, to give 
the correct date ; not in all cases, for, so far as is known, no complete copy 
of the House Journals exists in any one place, or, indeed, in all places taken 
together in Boston and Cambridge. As for legislation before the year 
1715, there Avas no other course than to follow the Legislative Records of 
the Council ; but those records must be taken to give the true date where 
concurrence was by the Council ; and that was more commonly the case. 

The House Journal diflers occasionally in other particulars from the 
Secretary's record, the difterences being mentioned in the notes, unless they 
are triflins;. This is sometimes a serious matter ; there are instances in 
which action, stated in the Secretary's record to have been had by both 
Houses, does not appear at all in the House Journal, and there are other 
variances equally grave. 

The marginal titles of the Secretary, having by long course of time 
acquired something like authority, have been used for headings to the 
chapters as far as possible. Though often needing some change for the 
sake of uniformity, or some addition for the sake of indicating the nature 
of the chapter, the Secretary's titles are usually clear and terse. 

Blank spaces within the language of a chapter represent either actual 
spaces of the kind in the records or some dash of the pen. No attempt 

> Mr. Goodell's nomenclature for the division of the records, " Legislative Records of the Council " 
and "Executive Records of the Council," has been continued. The more common designation of the 
former as " Court Records " and of the latter as " Council Records " is inaccurate, and for most persons 
must be misleading. 

The copy nsed is the one known as the Secretary's, as distinguished from the one known as the 
State Library cop.y, though the former has been constantly checked by the latter and some mistakes 
in that way corrected. The text of the resolve, order or vote is, of course, that of the Massachusetts 
Archives when the record has been found there. 



PREP ACE . V 

has been made to reproduce the eccentricities of the manuscript, such as 
flourislies and dashes of the pen and peculiar marks of the particular 
writer. 

Among the words occasionally inserted in brackets in the text, the 
words " [Read and] " or " [Read and accepted and] " have generally, from 
the year 1715, the authoritj^ of the House Journal. Before 1715 analogy 
and probability have governed the editor in regard to them. They belong 
to mere routine, and are inserted only where a connection between the 
introduction and the resolve, order or vote would otherwise be wanting. 
"Accepted" of course imports action on report of a committee. 

By an order in Council of May 29, 1901, the regulation of putting 
over to the end of the entire work of the Province Laws, resolves, orders, 
etc., "granting lands, establishing precincts and parishes, and determining 
territorial boundaries," was, from the legislative year 1715-16, discon- 
tinued, and direction was accordingly given that, from that 3^ear on, all 
records which were to be printed should ' ' be printed in their established 
chronological place." 

Slight mistakes in the preamble or other preliminary statement of a 
chapter, when made up by the Secretary, have often been corrected by the 
State Library copy of the records, without mention. The not uncommon 
mistake of repeating a word has always been silently corrected whpn it 
occurs in the preliminary statement of the Secretary ; but where an error of 
any kind has been found in the resolve, order or vote, attention has always 
been called to it. 

State House, Boston, A.D. 1902. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1708-9. 



HI 



LEGISLATIVE LIST 



I 708-9. 



[The names of the persons composing the respective legislatures in which the Resolves, Orders, Votes, 
etc., published in this volume were passed, appear in the several legislative lists herein printed.] 



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 tvithin the Territory formerly called 
the Colony of the Massachusetts Bay ; 



Wait Winthrop 
James Russell 
Daniel Epes' 
John Hathorne 
Elisha Hutchinson 
William Brown 
Samuel Sewall 
Isaac Addington 
John Phillips 



Jonathan Corwin 
John Foster 
Peter Sergeant 
Sasiuel Patridge 
EsQRS. John Appleton 

Andrew Belcher 
Ephraim Hunt 
John Higginson 
Nathaniel Norden 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of New Plimouth; 

Isaac Winslow 1 John Cushing ) 

Joseph Church* ' \ ^^^'^^^ John Otis i ^^Q^^' 

Of the Inhabitants of or Proprietors of Lands xoithin the Territory formerly called 
the Province of Main; 

Eliakim Hutchinson,^ Ichabod Plaisted & John Wheelwright, Esqrs. 

Of the Inhabitants of or Proprietors of Lands xoithin the Territory lying betioeen 
the River of Sagadahock & Nova Scotia; 

Joseph Ltnde, Esq. 

' For the full title, see Province Laws, vii., 331. 

2 See Legislative Records of the Council, viii., 349, 350, 351, 372, 373, 374. 

3 Elected June 25, in place of Elisha Cooke, whose election on May 26, was negatived by the Governor 
on May 27. 

* Elected June 25, in place of Nathaniel Paine, whose election on May 26, was negatived by the Gov- 
ernor on May 27. 

5 Erroneously entered in Legislative Records of the Council, viii., 351, as Elisha Hutchinson. 

[3] 



Province Laws (Hesolves, etc.). — 1708-9. [Representatives.] 

For the Province, at large : — 
Edward Bromfield & Samuel Appleton, Esqrs. 



REPEESENTATIVES or DEPUTIES.^ 

May 26, 1708 to February 26, 1708-9. 

Mr. THOMAS OLIVER, Speaker. 



County of Suffolk. 

Boston, . . . John Clark, Esq., 

Capt. Ephraim Savage, 
Capt. Thomas Hutchinson, 
Mr. James Barns. 

Roxbury, . . Mr. William Denison. 

Dorchester, . . Mr. Hopestill Clap. 

Milton, . . . Mr. George Sumner. 

Brantrey, . . Mr. John Webb. 

Weymouth, . . Capt. Stephen French. 

Hingham, . . Mr. Samuel Thaxter. 

Dedham, . . Mr. John Fuller. 

Medjield, . . Mr. Samuel Barber. 

Wrentham, . . Mr. John Guilde. 

Brookline, . . Mr. John Winchester. 

Me7idon, . . . Capt. Josiah Chapin. 



CouNTT OF Middlesex. 



Cambridge,. 

Charlestoivn, 

Watertown, 

Woburn, . 

Medford, 

Maiden, . 

Reading, 

Newtown, 

Concord, . 

Chelmsford, 

Billerica, 

Sudbury, 

Sherburn, 

Marlboro, 

liancaster, 

Qroton, . 



. Capt. Thomas Oliver. 
. Capt. Charles Chambers. 
. Mr. Samuel Bigglow. 
. Mr. John Pierce. 
. Mr. Stephen Willis. 
. Mr. John Greenland. 
. Mr. Timothy Wyley. 
. Mr. Ebenezer Stone. 
. Mr. William Wilson. 
. Capt. William Tyng. 
. Lieut. John Stearnes. 
. Mr. Edmund Rice. 
. Mr. Samuel Bullard. 
. Mr. Thomas Beaman. 
. Mr. John Houghton. 
. Mr. John Farnsworth. 



County of Essex. 
Salem, . . . Josiah Wolcot, Esq., 
Mr. Daniel Epes. 



County 


of Essex — Concluded.^ 


Ipswich, . . 


. Mr. Nathaniel Knolton, 




Mr. William Goodhue. 


Lyym, . . 


. Mr. Samuel Johnson. 


Marblehead, 


. Mr. Richard Trevott. 


Beverly, . . 


. Robert Hale, Esq. 


Oloucester, . 


. Mr. James Davis. 


Toiysfield, . 


. Mr. Thomas Baker. 


Wenham, . 


. Mr. Thomas Patch. 


Boxford, . . 


. Mr. John Peabody. 


Bradford, . 


. Mr. Richard Kemboll. 


Roivley, . . 


. Mr. Ezekiel Jewett. 


Newbury, . 


. Capt. Stephen Greenleaf. 


Salisbury, . 


. Mr. Joseph Eaton. 


Amesbury, . 


. Capt. Thomas Harvey. 


Ayidover, 


. Capt. Christopher Osgood 


Haverhill, . 


. Mr. John White. 


County of Bristol. 


Bristol, . . 


. Mr. Nathaniel Blagrove. 


Rehoboth, . 


. Mr. Moses Read. 


Taunton, . 


. Mr. James Leonard. 


Swanzey, 


. Mr. Joseph Mason. 



Little Compton, Mr. William Southworth. 
Tiverton, . . Amos SheflSeld.^ 
Dartmouth, . . Mr. Joseph Tripp. 

County of Hampshire. 



Springfield, 
Northamp)ton, 
Hadley, . 
Sufficld, . 
Hatfield, . 
Enfield, . 
Westfield, 



Joseph Parsons, Esq. 
Capt. Preserved Clap. 
Mr. Samuel Porter. 
Mr. Joseph Shelden. 
Mr. Eleazar Frarey. 
Mr. Samuel Terrey. 
Mr. Stephen Kellogg. 



County of Plimouth. 
Plimouth, . . Mr. John Bradford. 
Scituate, . . Mr. Samuel Clapp. 



» The qualifying oaths subscribed by the representatives this year are missing from the archives. 
^ By the town records, he appears to have been elected May 7, 1708, but his name is not in the Secre- 
tary's list. 



[Representatives.] Province Laws {Besolves, etc.). — 1708-9. 



County of Plimouth — Concluded. 
Marshfield, . . Mr. Ephraim Little.' 
Duxburi/, . . Mr. Joseph Holmes. 
Bridgeivater, , Mr. Edward Fobes. 



County of Barnstable. 



Barnstable, , 
Sandivich, . 
Yarmouth, . 
Eastham, . 



John Otis, Esq. 
Mr. Samuel Prince. 
Mr. Elisha Hall. 
Mr. Samuel Knowles. 



County of York. 
York, .... Capt. Lewis Bane. 
Kiltery, . . . William Pepperill, Esq. 

Dukes County. 
Major Benjamin SkiflFe. 

Nantucket. 
James Coffin, Esq. 



1 At a town meeting held at Marshfield, May 10, Mr. Samuel Sprague was chosen representative, but 
refused to serve, whereupon Captain Nathaniel Thomas was chosen, but he refusing, Mr. Ephraim Little 
was chosen. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-sixth Day of May, A.D. i 708. 



CHAPTER 1. 

ORDER ON THE PETITION OF THE NORTH SOCIETY IN SCITUATE IN 
REGARD TO THE SITE OF A MEETING HOUSE. 

Upon reading a Petition of a considerable Number of the North ^s^^|?*'^f ., 
Church & Society in the Town of Scituate, Setting forth the Non councu, vm., 
Agreement of the Said Society about the Place for Setting up the 5^ 



New Meeting House for the publick Worship of God which they have -P<'«^ chap. 17. 
Agreed to build, Praying that a Committee may be appointed & im- 
power'd by this Court to settle & determine the same to the most 
Advantage of the Society in General : 

Ordered that a Copy of the said Petition be sent at the Charge of 
the Petitioners to the Clerk of the Precinct within mention'd with 
Direction to him as soon as may be to warn a Meeting of the said 
Precinct, And when mett to Communicate to them the said Copy, That 
any of them may offer Reason (If any they have) on or before the 
ninth Day of June next. Why the Prayer of the Petition shall not be 
granted. [Passed May 28. 



CHAPTER 2. 

ORDER FOR Y^^ THANKS OF Y^ COURT TO COLL: PETER SCHUYLER 
FOR HIS GOOD SERVICES. 

His Excy. having from Time to Time made this Court sensible of Legislative 
the very great Services done for this Province by Coll : Peter Schuyler councU, viii., 

of Albany in his constant Intelligences given to his Excy. of the Indian E£: 

Marches against us, Whereby great Mischiefs have been often pre- 
vented & the Enemy discouraged to that Degree, That they have lately 
attended at Albany for a Friendship &, Favour from that Government : 

Ordered that the Thanks of this Court be given to the said Coll : 
Schuyler for his great & good Services above said, and that he be 
desired to Continue his Intelligence at all Times for the Benefit of all 
her Maj'^' good Subjects in this Province ; And John Phillips & Peter 
Sergeant Esq'^ of the Council, Joseph Parsons Esq' M"^ Daniel Epes 
& M' Nath" Blagrove of the Represent^''' are appointed to offer the 
Thanks & Desire above said. \_Passed June 2. 

[7] 



8 



Pkovince Laws {Besolves, etc.). — 1708-9. [Chaps. 3-6.] 



Legislative 
Eecords of the 
Council, viii., 
356. 



CHAPTER 3. 

ORDER IMPOWERING HANNAH SHAW TO SELL LAND. 

Upon reading a Petition of Hannah Shaw Widow of Ebeuezer 
Shaw late of Weymouth Husband Man Dec'^ Setting forth that she is 
left with the Charge of four small Children, the eldest now little more 
than seven Years old, Having Nothing to bring them up with, Their 
Father leaving no Estate, only had a Right to about Thirty Pounds 
worth of the Real Estate of his Father, Who died about one Year & 
an half before him, Which is still in the Hands of his Administrator ; 
Praying that she may be impower'd to sell or release her Childrens 
Right or Title to their Grandfathers Estate, and discharge the Ad- 
minisf That she may be the better Enabled to bring them up ; 

Ordered that the Prayer of the Petition be granted, And the Peti- 
tioner be & hereby is Impowered accordingly. And to Do & Execute 
what is proper & necessary in the Law for that Purpose. [^Passed 
June 2. 



CHAPTER 4. 



RESOLVE ALLOWING GEORGE TURFREY £.6. 



Legislative 
Records of the 
Council, viii., 
357. 



Upon reading the Petition of Cpt : George Turfrey, Praying Pay- 
ment for a Quantity of his Plank used for the Repairs of Saco Fort, & 
a Pair of Oxen used in the Service & lost ; 

Resolved that the Sum of Six Pounds be allowed & paid out of the 
publick Treasury to Cpt : George Turfrey the Petitioner, in full for 
the Plank & Oxen therein mention'd. [Passed June 3. 



CHAPTER 5. 



RESOLVE ALLOWING NICHOLAS GOWEN £.10. 



Legislative 
Records of the 
Council, viii., 
357. 



Upon reading the Petition of Nicholas Gowen of Newichawonock 
Setting forth. That about four Years past he lost all his Substance by 
the Indian Enemy, And in September last was grievously wounded 
being shot through the Shoulder, & three of his Company being kill'd, 
And is in Danger of Losing his Arm, being still under the Doctors Hand, 
Praying some Allowance towards the Charge of bis Cure, 

Resolved that the Sum of Ten Pounds be allow'd & paid out of the 
publick Treasury to Nicholas Gowen the Petitioner to Assist him in 
Paying for his Cure. \_Passed June 3. 



CHAPTER 6. 

ORDER ON ZEBDIEL BOYLSTONES PETITION FOR PAYMENT OF MEDICAL 

SERVICES. 



Legislative Upon READING this Day in Council a Petition of Zebdiel Boylston 

Records of the ^, . _, . _,-' ^ , ,.-.-.• /-i ohi-t' 

Council, viii., Chirurgeon, Praying Payment for his Pauis, Care & Medicines ex- 

Archiv^eM-x. pended in the Cure of Mary Lyon, who was grievously wounded 

161- by a Negroe Man on Boston Neck in the Year past, according to 



[1st Sess.] Province Laws {Resolves, etc.). — 1708-9. 9 

his Accompt thereto annex'd ; Amounting to Fifty four Pounds six Mass. 

Shillino-« • Archives, 

OllllllUgb , cxxii., 372. 

Ordered That Tho. Brattle Esq' Samuel Lynde Esq' and Edw** Lloyde 
Esq' be a Committee to receive and Examin the Accompts of the 
charge for the nursing, Tendance, & cure of Mary Lyon wounded by 
a negro, and of the s*^ Negro's Imprisonment and to Report the same 
to this Board. \_Passed* June 5. 



CHAPTEE 7. 

ORDER FOR A HEARING ON PETITION OF PETER PLIMPTON &c. OF 
SUDBURY IN REGARD TO DIVISION OF COMMON LANDS.' 

Upon reading a Petition of Peter Plimpton, Samuel How, & Caleb Rlf^ds^of ti^g 
Moses of Sudbury, for them selves & in Behalf of several other In- coumii, viii., 
habitants of the said Town thereto subscribed. Referring to certain Arciih^es^^' 
Tracts of Common Lands lying within that Township, wherein (as they cxiii., 443. 
complain) They are denied their just Right & Privileges; Mass. 

Ordered That the Select men of Sudbury be Served w* a Copy of ^xUmIi. 
this Petition at the care and cost of the Pet" And that they be heard 
and make Answer thereto, before y' [Cou-]rt, upon Tuesday the fif- 
teenth of June currant. \_Passed June 8. 



CHAPTEE 8. 

VOTE FOR PROVIDING A MINISTER FOR DARTMOUTH. £.60, ^ ANNUM, 
ALLOW'D AS A SALARY FOR M^ BAM}-^ HUNT. 

Whereas it has bin reported & represented to this Court, at a Ses- Legislative 
sion in the Year past, by her Majesties Justices of the Court of Gen- councir viii!^^ 
eral Sessions of the Peace for the County of Bristol sitting in Court, 36o. 
That the Town of Dartmouth within the said County, having been Executive 
several Times presented, & complained of for not Providing them coundUv.*^^ 
selves of a Minister, as by Law is directed. And that the necessary see. 
Orders by them made thereupon, as by Law they are impower'd, not 
being duly observed, but eluded, and render'd ineffectual for Remedy 
thereof. They remaining destitute of such a Minister ; And M' Samuel 
Hunt Minister having been lately treated, & prevailed with to go, & 
reside there, & serve them in the Work of the Ministry ; 

Resolced that the said M"" Hunt be sent to the said Town of Dart- 
mouth to be their Minister, And that Provision be made by this Court 
as the Law directs, for bis Honourable Support & Maintenance. 

And that the Sum of Sixty Pounds be allowed as a Salary for the 
said Minister for the Year ensuing. And in Case his Abode there shall 
be for less Time, in the same Proportion. \_Passed June 8. 

1 On the hearing, June, 16, the petition was dismissed. Legislative Records of the 
Council, viii., 366. a MS. mutilated. 



10 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 9-11.] 



CHAPTER 9. 



ORDER FOR CHANGING Y^ BILLS OF CREDIT THAT ARE WORN OUT &c. 



Legislative 
Records of the 
Council, viii., 
360. 

Post, chap. 22. 



Forasmuch as many of the Bills of Credit on this Province by care- 
less Handling, are torn, worn out & render'd unpassable & useless, 
And this Court being desireous to uphold the Reputation of the Gov- 
ernm' in their just & honest Intention of Emitting the said Bills, & 
Care to support them by good & sufficient Funds, that no Persons 
might suffer or be Losers by Receiving of them, but have Justice done 
them in that Respect, Withal having due Regard to the Publick, that 
they be not imposed upon and deceived by the wicked & subtle Con- 
trivances & Practices of ill Men ; 

Ordered that all such of the Bills of Credit that are torn, worn out 
&, render'd unpassable be Exchanged, And that the Treasurer deliver 
to the Persons respectively bringing the same, whole Bills of like 
Value in Lieu thereof, or a proportionable Part of the Value to the 
Parts of the Bills return'd, Viz, For three Quarter Parts, Three Quar- 
ter Parts of the Value, for a Half, one Half of the Value, None to be 
received under Half a Bill. 

And that in all Cases of Doubt or Difficulty referring to the Ex- 
change of Bills, the Treasurer do advise with two of her Majesties 
Council, whereof One to be of the Comm'^^ that sign'd the Bills if then 
of the Council ; And for the better Discovery of Counterfeit Bills, If 
any there be ; 

Ordered that the Committee that sign'd the Bills furnish the Treas- 
urer with an Accompt of the Order «fe Method of their Proceeding in 
that Affair, that so the Treasurer may be the better enabled to detect 
and find out any false Bills. [^Passed June 9. 



Legislative 
Records of the 
Council, viii., 
361. 



CHAPTER 10. 

ORDER GRANTING PETER BENNET AN ISLAND CALLED MILK ISLAND. 

[^Passed June 9. 

[^Printed loith resolves, orders, etc., ^''granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries "'\ 



CHAPTER 11. 



Legislative 
Records of the 
Council, viii., 
361. 

Mass. 

Archives, lix., 
127. Records of 
the Colony of 
Mass. Bay, iv., 
part 2, 576. 
Maps and 
Plans, iv., 15, 
32. 



ORDER FOR LAYING OUT 500 ACRES OF LAND GRANTED TO RICH^ HOL- 
LINGWORTH & ASSIGN'D TO SAM}-^ PRINCE. [Passed June 9. 

\^Printed ivith resolves, orders, etc., "'•granting lands, establishing j^Te- 
cincts and p)arishes, and determining territorial boundaries. "'\ 



[1st Sess.] Province Laws {liesolves, etc.). — 1708-9. 11 

CHAPTEK 12. 

RESOLVE FOR PRESENTING £.100, TO COLL: PETER SCHUYLER. 

In consideration of the many good SeiTices done by the Hon**'* Coll : ^Iforlfa^of t^e 
Peter Schuyler for this Province, Wherein he has manisfested a partic- council, via., 
ular Friendship ; ^ 

Resolved that the Sum of One Hundred Pounds be presented to the 
said Coll : Schuyler out of the publick Treasury. [Passed June 10. 



CHAPTEK 13. 

RESOLVE ALLOWING 24/ TO JN^ ROWLESTON. 

A Resolve pass'd in the House of Represent"*' That the Sum of Legislative 
Twenty four Shillings be allow'd & paid out of the publick Treasury councif, viii.,, 

to John Rowleston on Account of four Forms made by him for the Use ^ 

of this House. Read & Concur'd. [Passed June 11. 



CHAPTER 11. 

ORDER THAT £.27 ,, 11,, RATES IN ARREAR BE PAID BY THE TOWN OF 

DARTMOUTH. 

Whereas Philip Comeing Constable of the Town of Dartmouth in Legislative 
the Year 1703, fail'd of Paying the Sum of Twenty seven Pounds coundf vin''^ 
eleven Shillings, Part of the Sum committed to him to Collect, And 363. 
the Treasurer issued his Writt of Execution to Sheriff Gallop to Dis- 
train the said Sum, And the said Sheriff having been before this 
House, and sett forth. That upon Finding no Estate of the said Con- 
stables to levy the said Execution upon, He Committed him to Goal, 
where he died ; 

Ordered that the said Sum of Twenty seven Pounds & eleven Shill- 
ings be paid into the publick Treasury by the said Town of Dart- 
mouth. {^Passed June 12. 



CHAPTER 15. 

ORDER ALLOWING THAT EDW^^ GRAYS WAGES BE PAID FOR HIS WIFE 
& CHILDRENS RELIEF. 

A Petition of Meletiah Gray of Yarmouth Praying that the Wages Legislative 
due to her Husband Edward Gray for his Service as a Soldier at her coun^'if vni'^^ 
Majesties Fort at Casco, may be paid to M' Elisha Hall for the Relief 363. 
of her self & Children, Her Husband having been absent beyond Sea, 
for about two Years & an Half past, with the Order pass'd thereon by 
the Representatives ; Viz, That the Prayer of the Petition be granted, 
Was Read &, Concur'd. \_Passed June 12. 



12 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 16-18.] 



CHAPTEE 16. 



RESOLVE THAT £.100 BE ADVANCED & VESTED EST GOODS TO BE GIVEN 
BY COLL: SCHUYLER TO THE CHIEFS OF Y"^ FIVE NATIONS. 



Legislative 

Records of the 
Council, viil., 
364. 

Post, chap. 33. 



Resolved that the Sum of One Hundred Pounds be advanced out of 
the publick Treasury, & vested in such Goods as shall be thouglit fit 
upon Advice received fi'ora Coll : Schuyler, and the said Goods trans- 
ported to Albany, and deliver'd into the Custody of M' Robert Living- 
stone jun'' to be drawn off &, given out by the said Coll : Schuyler, in 
the Name of this Province, to such of the Sachems, & Chiefs of the 
Five Nations as he shall think best, to confirm & strengthen our Unity 
with them, And in the mean Time, If Coll: Schuyler shall see Occa- 
sion before the Arrival of the said Goods to make some Gratifications 
for the Use afore said. That he repay him self out of the said Goods 
when received. [^Passed June 12. 



CHAPTEE 17. 

ORDER APPOINTING A COMMITTEE TO GRANT A HEARING RESPECTING 
A MEETING HOUSE IN NORTH SITUATE. 



Legislative 
Records of tlie 
Council, viii., 
366. 

Ante, chap. 1. 
Legislative 
Records of the 
Council, viii., 
361, 362. 



The Vote of the Board pass'd the eleventh Currant upon the Petition 
of several of the North Society & Precinct in Scituate, being sent up 
from the Represent"^' with a Non Concurrence by that House, and a 
new Vote proposed by them. Read & Disagreed, And 

Ordered that Ephraim Hunt & Samuel Appleton Esq" with such of 
the Represent'"'^ as that House shall think fit, be a Committee to repair 
forthwith to Scituate, And upon Hearing both Parties, to determine 
the Setting up the Meeting House on one of the two Places proposed, 
Viz, At the Meeting House Hill, or that Place near Joseph Neals 
House, But if that can not be effected to good Agreement, Then to 
report the same to this Court, The Charge of the Committee to be born 
by the said Society. 

Agreed by the Represent''' And M"" Samuel Porter, Cpt : Josiah 
Chapin & M' John Sterns of the Represenf*^' named by that House to 
be of the Committee for the Affair afore said. \^Passed June 16. 



CHAPTEE 18. 



Legislative 
Records of the 
Council, viii., 
366. 



RESOLVE ALLOWING £.11,, 10,^ TO THO : PHILLIPS. 

A Petition of Thomas Phillips of Boston Black Smith wounded in 
her Maj'"^' Service on the late Expedition to Nova Scotia, Sent up from 
the Representatives with the Resolve pass'd thereon by that House, 
Read & Concur'd ; Viz, 

Resolved that the Pension of Three Pounds per Annum given to the 
Petitioner Cease, And that the Sum of Ten Pounds be allow'd & paid 
out of the publick Treasury to the Petitioner for the Year ensuing, 
beginning from this Day, And thirty Shillings for the Loss of his 
Gun. \_Passed June 16. 



[1st Sess.] Province Laws {Resolves, etc.). — 1708-9. 13 

CHAPTEK 19. 

RESOLVE ALLOWING HUGH PIKE £.10. 

The following Resolve pass'd in the House of Representatives Legislative 
upon the Petition of Hugh Pike of Newbury Carpenter, wounded in councu^ viu!f^ 
her Majesties Service, Read & Concur'd ; Viz, ^li 

Resolved that the Sum of Ten Pounds be allowed & paid out of the 
publick Treasury to the Petitioner for the Year ensuing, Beginning 
from this Day. [^Passed June 16. 



CHAPTEK 20. 

RESOLVE GRANTING L^ SAMUEL BRIGHAM'S PETITION FOR ALLOWANCE 
TO SEVERAL OF HIS SOLDIERS. 

A Petition of L' Samuel Brigham, Praying an Allowance for sev" ^^fords^oniie 
Soldiers under his Command in her Majesties Seivice, that were Council, viii., 
wounded or suffer'd Loss ; Sent up from the Representatives with the Archives^f ' 
Resolve pass'd in that House thereon, were Read & Concur'd; Viz, Lxxi., 454. 

Resolved That there be allowed, & Paid out of the Publick Treasury, 
as foUow^s. viz' 

To Ephraim Wilder, for the cure of his wounds the sum of three 
Pounds, and for the losse, of his Time, charge &c* five Pounds. 

To the widow, of John Farrer for a Gun lost : Thirty shillings. 

To Jonathan Brigham, for a Horse kill'd, four Pounds. 

To Sam'^ Ward for a Horse killed. Two Pounds. \_Passed June 16. 



CHAPTEK 21. 

ORDER REFERRING TO Y= LINE BETWEEN THE MASSACHUSETS BAY & Legislative 

NEW HAMPSHIRE. [Passed June 1 7. Records of the 

■■ Council, viii., 

365. Mass. 

\^Printed tvith resolves, orders, etc., ^'■granting lands, establishing pre- Archives, iu., 
ci7icts and parishes, and determining territorial boundaries. "'\ — '- 



CHAPTEK 22. 

ORDER FOR EXCHANGING 20' BILL FOR AMOS SHEFFIELD IT BEING 

COUNTERFEIT. 

Ordered that the Treasurer be directed to receive of Cpt : Amos Legislative 

Sheffield a Counterfeit Bill of Credit on this Province of Twenty Shill- ^\^^^l %\^^^ 

ings, and deliver to him a true Bill of the same Value. \_Passed 368. 

June 17. ■ ^>i^e, chap. 9. 

Post, chap. 40. 



14 



Pkovince Laws {Resolves, e^c.) . — 1708-9. [Chaps. 23-26.] 



Legislative 
Records of tiie 
Couneii, viii., 
368. 

Post, chap. 118. 



CHAPTER 23. 

ORDER FOR A HEARING ON PETITION OF ¥= SELECT MEN OF FRAM- 
INGHAM FOR SETTLEMENT OF BOUNDS BETWEEN FRAMINGHAM AND 
SHERBURNE. [Passed June 18. 

\_Printe(l with resolves, orders, etc., '■'-granting lands, establishing pre- 
cincts and parishes, and determining territorial homidaries."'\ 



Legislative 
Records of the 
Council, viii., 
363. Mass. 
Archives, 
xvii., 189. 

Mass. 
Archives, 
xvii., 187. 



CHAPTER 24. 

ORDER UPON THE PETITION OF JOSES BUCKNAM RELATING TO JN® 

ROWS ESTATE. 

Upon reading a Petition of Joses BuckDam of Charles-Town Pray- 
ing to be Relieved in a Purchase made by his Father Joses Bucknam 
Dec** of John Rowe late Husband of Ruth Rowe, of a certain Parcel of 
Land in Charlestown, Which the said Ruth Rowe hath obtained Judge- 
ment in the Inferiour Court in Middlesex to recover back the Posses- 
sion, An Appeal being made therefrom to the next Superiour Court to 
be held in & for the said County ; 

Ordered That the Action of Appeale be continued unto the next 
Term further And that Ruth Rowe the Widow & Guardian be Serv'd 
with a Copy of this Petition ; And that a Hearing be had thereupon, 
on the Second Friday of the next Session of this Court. \_Passed 
June 22. 



CHAPTER 25. 

ORDER UPON THE PETITION OF NATHi-i- REYNES'S, COMPLAINING OF 
A JUDGMENT BY DEFAULT AGAINST HIM. 



Legislative 
Records of the 
Council, viii., 
369. Mass. 
Archives, xl., 
912. 



Upon the Petition of Nath" Reynes, Complaining of a Judgement 
given against him by Default at the Suit of Cpt : John Frost in the 
Inferiour Court for the County of York, 

Ordered That the Pef be referred to the next Superiour Court of 
Judicature to be holden for the Count}' of Yorke by Writ of Error, for 
remedy in the course of the Common Law. 

And the Justices of the said Court are hereby Directed, upon In- 
specting the Process and Judgment in the Suit aforesaid ; And also 
the Execution thereon issued to do therein what of right and to Jus- 
tice appeetaineth and ought to be done. \^Passed June 22. 



CHAPTER 26. 



Legislative 
Records of the 
Council, viii., 
355. Mass. 
Archives, xi., 
250a. 



ORDER ON THE COMMITTEES REPORT ON THE PETITION OF INHARf^ 
OF WEST SUDBURY, TO BE MADE A SEPARATE PRECINCT. [Passed 
June 23. 

\_Printed with resolves, orders, etc., ^^ granting lands, establishing pre- 
cincts anil parishes, and determining territorial boundaries. "'\ 



[1st Sess.] PiioviNCE Laws {Resolves, etc.). — 1708-9. 15 

CHAPTER 27. 

ORl)ER IMrOWERING KATH : SMITH TO SELL LAND. 

Upon reading a Petition of Katherine Smith Relict Widow & Exec- ^f j,^'^g^^f ,j^ 
utrix, of the last Will & Testauieut of John Smith late of Dorchester councif, viu.,^ 
within the County of Suffolk Dec'' Praying that she may be impowered ^^hiv^es?" 
to make Sale of several small Dividends or Allotments of Out-Lands xvii., i84.' 
belonging to the Estate of her said late Husband, in the said Petition Mass. 
particularly mention'd, for her necessary Relief & Subsistence during xvii'"ig|; 
her Life, & for her descent Interment, Being now very aged, And to 
execute Deeds for the same ; 

Ordered That the Prayer of the Pef^"" be Grant'' and the Pet' is Im- 
powred, to make Sale of the Lands within mentioned, and to Execute 
a Deed or Deeds of the same. And that Elisha Hutchinson Estf and 
John Foster Esq" be Desired to Advise and Assist the Pet' in the bar- 
gaining for and Disposal thereof. [^Passed June 23. 



CHAPTER 28. 

MESSAGE FROM THE HOUSE TO DESIRE A FAST MAY BE APPOINTED. 

A Message by M' Daniel Epes, ]VP William Denison, & M' James Legislative 
Barns of the Representatives from y*^ House, Desiring that a Day for couS vUL,^ 

Fasting & Prayer may be appointed, upon Consideration of the great 370^ 

Number of Insects that are devouring the Fruits of the Earth. \ Passed * Post, chap. 86. 

7- „ o £? 1 Boston News- 

Mme Jd.^ Letter, No. 219, 



CHAPTER 29. 

VOTE ALLOWING Y^ TREASURERS ACCOMPTS. 

The Accompts of M' James Taylour Treasurer & Receiver General j^?'^ ffjf^tjj 
of this Province, Beginning the 29"' of May 1707, & Continued unto council, viii., 

the 26'*^ of May 1708, Amounting to the Sum of Fifty nine Thousand, ?1^ , 

Sixty five Pounds, fourteen Shillings & eight Pence, Having been Pre- 
sented & laid before the House of Represent'''^ & Inspected by said 
House, By which it appears, There was standing out on the said 26"^ 
of May, of the several Assessments, Ten Thousand one Hundred & 
Eighty nine Pounds twelve Shillings, As also of the Duties of Impost 
&c in Powder, to the Value of Three Hundred thirty five Pounds four- 
teen Shillings, as by AccOmpt received from James Russell Esq' Com- 
missioner to be drawn into the Treasury, & further to be accompted 
for; 

Voted that the said Accompts in the several Articles of Receipts, & 

1 Whether this was legislation is not quite clear. June 23 was itself a fast day "on 
ye account of ye worms. See Diary of Rev. James Green, Essex Institute Historical 
Collections, ix., 80, and Lewis & Newhall's Annals of Lynn, p. 209. Mr. Green says that 
he preached the sermon; and the next day, he says, "The worms abated." Ibid. Evi- 
dently the fast desired was not the one going on. The Boston News-Letter, No. 219, 21-28 
June, 1708, says that "On Wednesday the 23d Currant, his Excellency was pleased by 
Proclamation To Appoint Thursday the Fifteenth Day of July next to be a Day of Solemn 
Fasting & Prayer throughout this Province." This is all the evidence at hand on the 
subject. 



16 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 30-34. J 



Legislative 
Records of the 
Council, viii., 
371. 

Post, chap. 31. 

Mass. 

Archives, ii., 
271; iii.,114. 
Colonial Rec- 
ords of Con- 
necticut, 1636- 
1665,579; 1706- 
1716, 58, 67, 90. 



Legislative 
Records of the 
Council, viii., 
371. 

Ante, chap. 30. 
Post, chap. 49. 



Payments therein mention'd, Amounting to the Sum of Forty eight 
Thousand five Hundred & forty Pounds eight Shillings & eight Pence, 
"be & hereby are Approved, and Allow'd of. And the said Treasurer 
is hereby discharged of the said Sum of Forty eight Thousand five 
Hundred & forty Pounds eight Shillings & eight Pence. \_Passed 
June 23. 

CHAPTER 30. 

ORDER FOR A COMMteb tO CONSIDER OF THE CONTROVERSY ABOUT 
THE SOUTH LINE. [Passed June 23. 

\_Printed with resolves, orders, etc., ^'-granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 31. 



ORDER FOR COMM^ees PROPOSAL ABOUT THE SOUTH LINE. [Passed June 24. 

\_Printed loith resolves, orders, etc., '•'- granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."] 



CHAPTER 32. 



Legislative 
Records of the 
Council, viii., 
372. 



RESOLVE ALLOWING £.20, TO THEj TOWN OF FALMOUTH. 

Resolved that the Sum of Twenty Pounds be allowed & paid out of 
the publick Treasury to the Town of Falmouth, towards the Support 
of their Charge & Cost in Purchasing a Settlement for their Minister. 
\_Passed June 24. 



Legislative 
Records of the 
Council, viii., 
372. 

Ante, chap. 16. 
Mass. 
Archives, 
xxxi., 63, 66, 67, 
90; cxxii.,309. 
Executive 
Records of the 
Council, iv., 
602. 



CHAPTER 33. 

VOTE CONFIRMING INVOICE OF GOODS FOR A PRESENT TO Y^- FIVE 

NATIONS. 

M^ Commissary General offered a Memorandum sign'd by Coll : 
Schuyler of Goods to vest the One Hundred Pounds granted by this 
Court for a Present to the Five Nations, W^ was Read & Accepted, 
and sent down to the Represenf^^ And by a Message declared Accept- 
able to y' House. \_Passed * June 25. 



CHAPTER 34. 



Legislative 
Records of the 
Council, viii., 
372. Mass. 
Archives, 
Ixxi., 456. 

Post, chap. 95, 
Mass. 
Archives, 
exxii., 308. 



ORDER OF THANKS TO ANDREW BELCHER ESQ''; AND REQUESTING 
HIM TO CONTINUE HIS SERVICES. 

A Memorial presented by Andrew Belcher Esq' Commissary Gen- 
eral Praying to be dismiss'd from that Office ; Read & 

Ordered That M"" Commissary General receive the Thankes of this 
Court for his good & faithful Service for the time pas' And be Desired 
further to continue the same. \_Passed * June 25. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1708-9. 17 



CHAPTER 35. 

RESOLVE ALLOWING £.2, TO BENJ* BIGGALOW. 

The following Resolve pass'd in the House of Represent'"'' upon Legislative 
the Petition of Benjamin Biggalow of Watertown, for Loss of Time in couudf vuf^ 
Attending the Cure of a Wound received in her Majesties Service ; 373. Mass. 
Viz, '"""'"" 

Resolved That the Sum of Forty shillings be Allowed, & Paid, out 
of the Publick Treasury to Benjamin Biggalow, the Petitioner, in full. 

W'' Resolve being Read at the Board, Was Concur'd. \_Passed 
June 25. 



Archives, 
Ixxi. 



CHAPTER 36. 

VOTE FOR A MINISTER OF TIVERTON. 



Whereas it has been represented & reported to this Court, at a Legislative 
Session in the Year past, by her Majesties Justices of the Court of councff vm!^* 
General Sessions of the Peace in the County of Bristol Sitting in 374. 
Court, That the Town of Tiverton in the said County, having been 
presented & complained of, for not Providing them selves of a Min- 
ister, as by Law is directed ; And the necessary Orders by them made 
thereupon not being duly observed, but Eluded & Render'd ineffectual ; 
For Remedy whereof, They remaining destitute of such a Minister ; 

Ordered that M' Joseph Marsh Minister be treated with & obtain'd 
if it may be, and sent to the said Town ; And that the Sum of Fifty 
Pounds be allow'd & paid out of the publick Treasury for his Main- 
tenance the Year ensuing, or proportionably. If the Time of his Abode 
there should be less. The Sum of Thirty Pounds being added to the 
Tax of said Town this Session for that End. [^Passed June 26. 



CHAPTER 37. 

ORDER FOR Y« PAY & THE SUBSIST'''^ OF ENSIGN JOS : EATON & COMP*. 

The following Order pass'd in the House of Represent''^' upon the Legislative 
Petition of Joseph Eaton of Salisbury; Read & Concur'd; Viz, councf f, vu?,^ 

Ordered that the Petitioner have Liberty to make up a Muster Roll 376. 
of Wages, & Subsistence of him self & thirty two Men under his Com- Mass. 
mand as Ensign, for five Days Service from the 13"" Day of August ^x^xiilrioi. 
1695, And that the Pay & Subsistence of the said Officer & Company Executive 
be granted & Allow'd. [Passed June 29.^ CoundUv.!^^ 

590. 

> There is a discrepancy of dates in the records concerning this matter. The Execu- 
tive Records of the Council, iv., 590, and the Mass. Archives, the latter recording paj'ment 
for the five days to Ensign Eaton, give the date (13-17 August) 1699. There were Indian 
disturbances at Billerica in , 1695. See Stoughton's letter to Fletcher, 24 August, 1695, 
Mass. Archives, ii., 406; Province Laws, vii., 479; Stoughton speaking of one disturbance 
as "about a Fortnight since," and another as "yesterday." No notice of any troubles 
in 1699 has been found. 



18 



Province Laws {Resolves, e^c). — 1708-9. [Chaps. 38-41.] 



CHAPTER 38. 



ORDER FOR A HEARING ON PETITION OF LOWER KITTERY IN REGARD 
TO SUPPORT OF THE MINISTRY. 



Legislative 
Kecords of the 
Council, viii., 
376. 

Post, p. 201, 
chap. 79. 



The following Okder pass'd in the House of Represent"'^' upon the 
Petition of the Inhabitants of the lower Part of the Town of Kittery, 
Referring to the Support of the Ministry ; Read & Concur'd ; Viz, 

Ordered that tbe Inhabitants of the Middle Part of the Town of 
Kittery be served with a Copy of this Petition, To give Reasons, If 
an}^ they have. Why the Prayer of the Petition should not be granted 
at the next Session of this Court. • \_Passed June 29. 



Legislative 
Kecords of the 
Council, viii., 
376. 

Mass. 

Archives, lix., 
245. 



CHAPTEE 39. 

ORDER ON W'^ PEPPERIL'S PET'o^ IN REGARD TO A MILL. 

Upon reading a Petition of William Pepperil of Kittery in the 
County of York, Praying Confirmation by this Court of a Grant of 
the Town of Kittery, to erect a Mill or Mills at the Creek going into 
Broad Boat Harbour ; 

Ordered that Joseph Hammond & Ichabod Plaisted Esq" Cpt : John 
Hill & the Sheriff of York, or any three of them report this Affair, 
And that they notify Robert Elliot Esq'^ to attend his Concern therein. 
[^Passed June 29. 



CHAPTER 40. 

ORDER FOR EXCHANGING A 10/" BILL FOR SIMON WILLARD. 

Recordfof the Ordered that the Treasurer be directed to receive of M' Simon Wil- 
Councii, viii., lard a Ten Shilling Bill of Credit on the late Colony of the Massachu- 

~ ; — sets Bay not endorsed by the Treasurer, and give him a Bill of Credit 

Ante, chap. 22. ^^ j.j,^ y^^^^ ^^ ^j^j^ Province. \_Passed June 29. 



CHAPTER 41. 

ORDER OF THE COURT ON V COMMITTEES REPORT IN REGARD TO 
THE CONTROVERSY BETWEEN M" WOODBRIDGE & THE TOWN OF 
MEDFORD. 



Rewrdfof the ^iiE Report of the Committee appointed at the last Session of this 
Council, viii., Court to hear & examine into the Controversy & Difference betwixt 
Archiv^esfii., ^^' Benjamin Woodbridge Minister, & the Town of Medford, is as 

'^ follows; Viz, (The Order of the Committee being annex'd.)^ 

Pos^, chap. 110. In Obedience to the Annexed Order, the Parties were Notifyed, 

and met at Charlestown, the Tenth of May last ; and were fully heard, 

and their Controversy Examined 

1 This order of the committee is not preserved. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1708-9. 19 

And upou Consideration of the present Miserable posture of their 
Affairs ; their long time of Tryal ; and that all proper means of healing 
are battled 

"NVe are humbly of Opinion that their wound is Incurable, and that it 
is necessary that the Reverend M' Benj^ Woodbridge and the Town of 
Medford be parted ; according to the Advice of the Council of Churches 
there, July 10"' 1705. and the Orders of Quarter Sessions of Middlesex 

And that upon his Removal, the Town of Meadford pay unto M"" 
Woodbridge in Bills of Credit of this Province Forty pounds ; and 
Deliver to him the Nine Sabbaths Contribution now in the hands of 
M' John Whitmore. And this.is to be a full issue and Determination 
of all Controversy & difference between the s*^ M'' Woodbridge and the 
Town of Meadford 

And upon M' Woodbridges removal, and Inclination to Sell, It 
would be fair for the Town of Meadford to Offer, and to Continue for 
a Twelve Month to Offer Two hundred and Seventy pounds in Bills of 
Credit of this Province, for all his Real Estate in the s*^ Town 
June the 11"^ 1708. By Order of the Committee, 

Samuel Sewall. 

Read and Accepted so far That m"' Benjamin "Woodbridge be and 
hereby is Declared to be no longer Minister of Medford, 

And that the Town pay him forty pounds in Bills of Credit In full of 
all Demands. 

And the Town are Directed speedily to procure and Settle another 
Minister. 

And this Court do Advise m'' Woodbridge by no meanes to dis- 
courage the coming and Settlement of another Minister among them. 
\_Passed June 30. 



CHAPTER 42. 



ORDER FOR LAYING OUT 500 ACRES OF LAND TO SIMEON STODDARD Legislative 

ESQ" AND OTHERS. [Passed Jidy 1. ^mri\^xm^ 



Council, viil., 
370. Mass. 



\^Printed icith resolves, orders, etc., '•'■ granting lands, establishing pre- ^^ciuves, xiv., 
cincts and parishes, and determininq territoricd hoimdaries."~\ TT^ — r-rz 

Jr ^ ./- J Colonial Rec- 
ords of Mass., 
^ iv., part i.,44]. 
■ Savage's Gen- 
ealogical Dic- 
tionary, iv., 
■ 199,457. 

CHAPTEE 4.^. 

ORDER ON JOS: PARKER'S PET'on i^st REGARD TO MAINTAINING HIS 

MOTHER-IN-LAW. 

Upon reading a Petition of Joseph Pai'ker of Groton, Praying that Legislative 
he may be repaid his Charge of Maintaining his Aged Mother in Law councff, vHill'' 
Isabel Blood by the Sale of the Land of her late Husband Richard 3". Mass, 

■ni T T-\ ti Archives, cv., 

Blood Dec'^ 55. 

Ordered That the Justices of the Supericur Court at their next Sit-. Mass. ~ 

ting within the County of Midd'' cause all persons concern'^ to appear Archives, cv., 
then before them. And Examin into the matter of this Petition and 
Report the same to this Court at their next Session. [^Passed July 2. 



20 



Province Laws (^Resolves, etc.). — 1708-9. [Chaps. 44-46.] 



Legislative 
Records of the 
Council, viii., 
379. Mass. 
Archives, 
Ixxi., 457. 

Mass. 
Archives, 
Ixxi., 264, 267, 
402,417,426,427. 
Legislative 
Records of the 
Council, viii., 
32.5, .332, 374. 
Executive 
Records of the 
Council, iv., 
455. 



Legislative 
Records of the 
Council, viii., 
379. 

Post, chap. 48. 



CHAPTEE 44. 

ORDER FOR REMOVING SACO FORT TO AVINTER HARBOUR. 

Ordered That the Votes, of this House for Removing of Saco Fort, 
to Winter Harbour, Pass'd nov'' 17 : 1704, & aug : 31 : 1706. be Revived, 
& Put into Execution 

And That Maj'' Joseph Hamond & Capt : Lewis Bane, with Such as 
the Hon'''" Board shall appoint be a Committee, to Take care, to have 
the same effected as cheap, & expeditiously as may be, agreeable to the 
s'' Votes, «fe so that the charge shall not Exceed the sum of Three 
Hundred Pounds, Granted for that end. 
In Council. 

Read and Concurr'd and John Wheelwright Esq'' added. [^Passed 
July 2. 



, CHAPTER 45. 

RESOLVE THAT £.3875 ,, 13 ,, 5, IN Y^ TREAS^^ ACC OF BILLS BE FORTH- 
WITH USED. 

James Taylour Gent : Treas'' & Receiver General of this Province, 
having Order from this Court to Emit by Way of Repetition, the Sum 
of Fourteen Thousand Pounds in the Bills of Credit on this Province, 
that already are or shall be brought into the Treasury towards Pay- 
ment of the publick Debts, & for Carrying on the further growing 
Charge of the War &c, 

And forasmuch as the Article in his Accompt presented and Ac- 
cepted by this Court at their Session in May 1706, of Four Thousand 
& sixty nine Pounds nine Shillings, with the Advance of Five per 
Cent: inserted to make the Ballance, makes him chargeable therewith 
to produce the same, upon all Demands of the Government ; The said 
Bills being now demanded to be made further Use of. It is necessary 
the Treasurer have an Equivalent to ly with his Accompt to vouch that 
Article ; 

Resolved therefore that the said James Taylour be & hereby is Dis- 
chai'ged of and from the afore said Sum of Four Thousand sixty nine 
Pounds nine Shillings, in the afore mention'd Accompt ; And that he 
be Debited for the neet Sum of the said Bills a new put into his Hands 
for a Supply of the Treasury; Viz, For Three Thousand Eight Hun- 
dred Seventy five Pounds thirteen Shillings & five Pence. \_Passed 
July 2. 



CHAPTER 46. 



RESOLVE ON QUEST: UPON Y" THIRD PARAG : OF THE ACT OF HOLD- 
ING OF COURTS OF GEN'i- SESSIONS &c.> 



Legislative 
Records of the 
Council, viii., 
382. Mass. 
Archives, xl., 
916. 



A Question being moved upon the third Section or Paragraph in 
the Act for Holding of Courts of General Sessions of the Peace «fe* 
made and pass'd in the Eleventh year of King William the Third. Viz' 

' Printed in the note to the Act of June 16, 1699, Province Laws, i., 417, 418; reprinted 
here, as important. 



[1st Sess.] Province Laws {Resolves, etc.). — 1708-9. 21 

Whether the Bond for the good behaviour direct*^ by the Said Act to 
be given in ease of Appeale from the Sentence of the Justices in any 
Court of General Sessions of the Peace, be demandable of any other, 
Save of the persons prosecuted convicted and Sentenced for any crime, 
and his Sureties. 

Resolved In the Negative. And that the Law is so to be understood 
and practiced accordingly, Any Usage or Custom to the contrary not- 
withstanding. \_Passed July 2. 



CHAPTER 47. 

ORDER FOR A COMM'^^^ TO TAKE CARE OF Y" INTERM''' OF CPT: 

SHELDEN. 

Upon a message from the Board That his Excellency Condoles the Legislative 
sudden Death of Capt : Joseph Shelden a Member of this House, this ^ouS viii!!® 
dav & move's that his Funerall Charges be Defrayed out of the Publick 382. Mass. 

™ '^ o J Archives, 

Ireasnr}^, xiviii.,396. 

Ordered That a Message be sent up to the Board That this House p^gf chap. 53. 
gratefully accepts thes*^ Message and agree's thereto. And That Joseph 
Parsons Sam" Porter Escf' & M' Sam" Terry be Desired to make Pro- 
vision, for thes'' Funerall (the Dec'^^ Relations living very remote) & 
Present the Acc° of the charge to this Court for Payment the time 
of Interment to be about ten o clock, the funerall to Proceed from this 
House. [^Passed July 2. 



CHAPTER 48. 

RESOLVE THAT £.5821 ,,11 ,3, IN Y^ TREAS^s ACC^ OF BILLS BE FURTHER 

USED. 

James Taylor Gent" Treasurer and Receiver of this Province hav- Legislative 
ing Order from this Court to Emit by way of Repetition, the Sum of ^unrif, yiif,® 
Fourteen Thousand Pounds, in the Bills of Credit on this Province, 379. Mass. ' 

ArciiivGB ci 

that already are, & Shall be Drawn into the Treasury, towards Pay- 347. ' ' 
ment of the present Debt, & for Carrying on the further growing ^„fe, chap. 4.5. 
charge of the War &c" and Forasmuch as the Article in his Accompt ^o^U chap. 50. 
Presented & accepted by this Court, at their present Session, of Six 
Thousand, one Hundred, & twelve Pounds, twelve Shillings, and nine 
pence, with the advance of five ^ Cent. Inserted to make the Ballance, 
makes him chargeable therewith, to Produce the Same, upon all De- 
mands of the Government, The Said Bills being now. Demanded to 
be further made use of, Its necessary the Treasurer have an equiva- 
lent, to Lie with his accompt to Vouch that article. 

Resolved Therefore, That thesaid James Taylor Be & hereby is Dis- 
charged, of and from the afores'^ Sum of Six Thousand, One Hundred, 
and twelve Pounds, twelve Shillings, & nine pence the aforementioned 
accompt. And That he be Debited for the Net Sum of five Thousand, 
Eight Hundred, twenty one Pounds, eleven Shillings, & threepence. 
[Passed July 2. 



22 



Peovince Laws (JResohes, etc.). — 1708-9. [Chaps. 49,50.] 



CHAPTEK 49. 

Legislative ORDER FOR A COMM^ee to CONSIDER OF ¥>= RETURN OF RP TAYLOUR'S 

Councn^vm!'* OBSERVATION OF Y^ SOUTH LINE. [PassedJulv 3. 

383. 

^nte, chap. 31. \_PTinted With Tesolves, orders., etc., '■'■granting lands, establisliing pre- 

Leffi'si^l'tfve ^'^' ^"''^^^ and 2Mrishes, and determining territorial boundaries."'] 

Records of the 

Council, viii., 

382. 



CHAPTER 50 



RESOLVE THAT £.14000, IN BILLS OF CREDIT BE EMITTED OUT OF Y'= 

TREASURY.! 



Legislative 
Records of the 
Council, viii., 
383. Mass. 
Archives, ci., 
348. 

^»i<e, chap.4S. 
Post, chap. 66. 



Resolved That the Treasurer, be and hereby is Ordered, and Im- 
powered, to Issue forth & Emit, the Sum of Fourteen Thousand 
Pounds, of Bills of Publick Credit, on this Province, which are or 
shall be received, into the Treasury, towards Payment of the Publick 
Debts of the Province, already Contracted, & the further Growing 
charge, for the Defence thereof, for Supplying, & Subsisting of the 
Province Galley, Forts, Garrisons, & Forces, liaised & to be Raised, 
& Imploied within the Same, & wages arising for their Service, for 
Payment of Grants, Salaries, and Allowances, made, & to be made, 
by this Court, according to Such Draughts, as from time, to time, shall 
be made upon him, by Warrant, or Order, of the Governor, by & with 
the Advice, & Consent of the Council ; And the s*^ Bills shall Passe out 
of the Treasury, at the value therein Expressed equivalent to money, 
& shall be Taken, & accepted, in all Publick Payments at the Advance, 
& after the Rate of five Pounds ^ centum more. 

And That the Duties, of Impost, & Excise, Shall be a fund & Secu- 
rity, for the Repayment, & Drawing in of the s*^ Bills, to the Treasury 
again. So far as that will Reach. 

And as a further Fund, & Security for the Same, for the Paying of 
Souldiers Wages, & for Defreying, of the further necessary growing 
charge of the Province, The Defence of Her Maj"^' Subjects, & Inter- 
ests within the Same, & Support of the Government thereof, There be 
and hereby is Granted, unto Her most Excellent Majesty, to the Ends, 
& uses afores*^ a Tax of Fourteen Thousand Pounds ; to be Levied, on 
Polls, & Estates, both Reall, & Personall within this Province, accord- 
ing to Such Rules, & in Such Proportion upon the Severall Towns, 
& Districts, within the Same, as shall be Agreed on, & Ordered by 
the Great, & Generall Court or Assembly of this Province, at their 
Session, in May anno 1710, Three Thousand Pounds thereof to be 
Paid in to the Treasurer, on or before the last Day of Novem'' in the 
s*^ Year, The Remaining Eleven Thousand Pounds to be paid into the 



Treasurer, on 
July 3 



or before the last day of May anno 1711. \_Passed 



1 Printed in the notes to the Acts for the year 1708-9, Province Laws, i., 634; reprinted 
here, as important. 



[1st Sess.] Phov'ince Laws {Resolves, etc.). — 1708-9. 23 



CHAPTEE 51. 

ORDER ALLOWING £.17,, 10,, 9, TO NATH"- HOLMES. 

Upon reading a Petition of Nathaniel Holme's, Setting forth that ^|f^^'^*'^f ^^^ 
he supplied several Soldiers of the Garrison at his Majesties Castle council, viii., 

William in the Year 1703, Then under the Command of the Hon"'^ ^^^ 

Thomas Povey Escf & at the Commanders Direction, Avith Clothing ^^^^I'^f^'^f^he 
to the Value of Thirty five Pounds, one Shilling, & six Pence, with council, viii., 
Promise that he should be paid it out of their Wages, W' is not per- ^> '^^^^ 
form'd ; Praying to be paid out of the publick Treasury, Considering 
that the Wages of the whole Company was Order'd to be paid to the 
Lieut : Govern"^ then Captain of y** Castle ; 

Ordered that One Half of the Thirty five Pounds One Shilling & six 
Pence, Viz, Seventeen Pounds ten Shillings & nine Pence & no more 
be paid out of the publick Treasury to Nathaniel Holme's the Peti- 
tioner. \_Passed July 3. 



CHAPTER 52. 

ORDER CONDITIONALLY ALLOWING £.10, TO JOHN OLIVER. 

Upon reading a Petition of John Oliver of Boston Cooper, Setting Legislative 
forth That Judgement is given against him for Ten Pounds and Three councff, vuf,^ 
Pounds more for Cost & Charge as Surety for Gertrude Berry in the 384. Mass. ' 

_ *^ Ai'onivGS ci 

Year 1702, for Payment of her Excise, She Languishing & Dying 346. ' "' 
some Months before the Year expired, together with the Order of the ^^;[^, " 

Kepresent^^' pass'd thereupon ; Archives, ci., 

Ordered That Direction be Given to the Treas"' to Pay John Oliver 
the Petitioner, the sum of Ten Pounds, if & assoon as he shall have 
received, the sum of Ten Pounds for the Excise mentioned ^ on the 
other side. \_Passed Jxdy 3. 



CHAPTER 53. 

RESOLVE ALLOWING £.21,, 6„ 1, FOR CPT: JOSEPH SHELDEN'S FUNERAL. 

An Accompt of the Charge expended about the Funeral of Cpt : Legislative 

RgcotuS of tnG 

Joseph Shelden, a Member of the House, Amounting to Twenty one council, viu.. 
Pounds six Shillings & one Peny, with the Order pass'd by the House ^rchi^es^^" 
thereupon. Were Read & Concur'd ; Viz, xiviii., 397. . 

Resolved That the Sum of Twenty one Pounds, Six Shillings, & one Ante,c\ia.^.i-i. 
Peny be allowed & Paid, out of the Publick Treasury, to the s*^ Joseph Archives, 
Parsons Esq'' to Def rey the charges above mentioned. [^Passed July 5. xiviii., 396. 

I In the petition. 



24 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 54-57.] 



CHAPTEK 54 



VOTE REFERRING TO ANDOVER MEETING HOUSE. 



Legislative 
Records of the 
Council, viii., 
385. Mass. 
Archives, xi., 
255. 

Post, chap. 63. 
Mass. 

Archives, xi., 
251, 252, 253, 254. 



The Report of the Committee appointed at the last Session, Re- 
ferring to the Place for Setting up a new Meeting House in the Town 
of Andover being Disaccepted, and the following Vote pass'd there- 
upon by the House of Represenf^^ was Read & Agreed to; Viz, 

The Select Men of the Town of Andover are Directed to Call a 
Town Meeting, to know the mind of the Town, for the Placing of 
their Meeting House, & Receive their Vote for the Same, and if it 
may be to make a peaceable agreement therein. But if that cannot be, 
That They Represent It, to to ^ this Court, at the next session, to make 
a finall Issue & settlem' of their Difference. [^Passed July 6. 



Legislative 
Records of the 
Council, viii., 
386. 



CHAPTER 55. 

RESOLVE ALLOWING £.200, TO HIS EXCY V- GOV«. 

Resolved that the Sum of Two Hundred Pounds be allow'd and paid 
Posi, chap. 84. out of the publick Treasury to his Excellency Joseph Dudley Esq'' 
Archives, Captain General & Governour in Chief of this her Maj'*^^ Province for 

iSisi'a^ive ^^^ Support in Managing the Affairs of the Government. \_Passed 
Records of the July 6. 
Council, viii., 

883, 384, 385, 386. 

Sewall's Diary, 
ii., 22G. 

CHAPTER 56. 

RESOLVE ALLOWING TO Y''' JUDGES £.16, EACH TO WAIT W^NTHROP & 
JON'*^ CORWIN ESQK8 iO'-i-, TO SAMi-i- SEWALL ESQ" &c. EACH. £.20, TO 
JNO LEVERET ESQ». 



Legislative 
Records of the 
Council, viii., 
386. 



Resolved that there be allow'd & paid out of the publick Treasury, 
To the Hon''''' Wait Winthrop Esq"" & Jonathan Corwin Esq' to each of 
them the Sum of Sixteen Pounds : To the Hon''''' Samuel Sewall, John 
Hathorne, & John Walley Esq" to each of them the Sum of Forty 
Pounds ; And to the Hon'''' John Leveret Esq"^ the Sum of Twenty 
Pounds, for their Service as Judges of the Superiour Court of Judica- 
ture the Year Currant, Ending the tenth Instant. \^Passed Jidy 6. 



CHAPTER 57. 



Legislative 
Records of the 
Council, viii., 
386. 



RESOLVE ALLOWING £.70, TO JAMES RUSSELL ESQ'' £.15, TO DITTO. 
£.15,, 11 „ 6, TO DITTO. £.4,, 13, TO DITTO. 

Resolved that the Sum of Seventy Pounds be Allowed and paid out 
of the publick Treasury to .James Russell Esq'' Commissioner of Impost 
for his Service the Year past ; 

And in Consideration that he has been necessitated to improve more 



1 Sic. 



[1st Sess.] Province Laws (Besolves, etc.). — 1708-9. 25 

Help than usual to Assist iu the Accompts of the said Office this Year, 
That fifteen Pounds more be paid to the said James Russell ; 

Also the Sum of Fifteen Pounds eleven Shillings & six Pence, As per 
Ace' of necessary Expences iu the said Office herewith Exhibited ; 

And the Sum of Four Pounds & thirteen Shillings for Service his 
Son did at the Castle & Galley, Annis 1695, 1697, as per Certificate 
herewith offered, In the whole the Sum of One Hundred & five Pounds 
four Shillings & six Pence to the said James Russell Esq^ IFassed 
July 6. 



CHAPTER 58. 

RESOLVE ALLOWING £.225, TO M« TREASURER TAYLOUR. ^®s'^^?*^'^?.u 

' Recoriis of the 

Council, viii.. 

Resolved that the Sum of Two Hundred twenty & five Pounds be ^ 



allowed & paid out of the publick Treasury to M"" James Taylour ^1^^^.'^^*^^?^,^^ 
Treasurer of this Province for his Service in the said Office the Year council, viii., 
past. [Passed July 6. 



386. 



CHAPTER 59. 

RESOLVE ALLOWING £.15, TO M» JOHN WHITE. Legislative 

Records of the 
Council, viii., 

Resolved that the Sum of Fifteen Pounds be allow'd & paid out of 387 



the publick Treasury to John White Clerk of this House in Part for his Pos^.ch.-ip.o-. 

Service the Year Currant. [Passed July 6. Recorls^of the 

Council, viii., 
386. 



CHAPTER 60. 

RESOLVE ALLOWING £.30, TO JA: MAXWELL. 

Resolved that the Sum of Thirty Pounds be allowed & paid out of i^^f^'rds'of the 
the publick Treasury to James Maxwell Door keeper to his Excellency Council, vm., 

the Governour & this Court, for his Sei-vice the Year past, Ending the ^— 

Eighth Day of June last. \_Passed July 6. Riordf of the 

Council, viii., 
386. 



26 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 61,62.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twentieth Day of October, A.D. 1708. 



CHAPTER 61. 



Legislative 
Records of tlie 
Council, viii., 
391. Mass. 
Archives, iii., 
118. 

Ante, chap. 49. 



RESOLVE ON ACCt OF THE CHARGE OF INVESTIGATING Y'' SOUTH LINE, 
AND ALLOWING £.16,, -„ 6, TO M"* TREAS^ TAYLOUR THEREON. 

An Accompt of Charges in luvestigating the Proviuce South Line 
in June past, Amounting to Sixteen Pounds & six Pence, Presented 
by IVP James Taylour, Treasurer, Sent up from the Representatives, 
with the following Resolve pass'd thereon, was Read & Coneur'd ; Viz, 

Resolved That the Sum of Sixteen Pounds, & Sixpence to Discharge 
the above Ace" be Allowed out of y*" Publick Treasury. 

That ]VP Taylor, the Artist, be Allowed Ten Shilling ^ day. 

Ephraim Hunt Esq'' Ten Shillings, ^ day for himself & horse. 

Capt : Josiah Chapin, five shillings ^ day. 

Maj'' Samuel Thaxter, Seven shillings, ^ day for himself & Horse. 
(The Time They Spent, in Discovering the Province Line, ^ order of 
this Court, being four Dales) 

And to IVF Samuel Terry, the Sum of Ten shillings, the whole to 
be paid, to M'' Treasurer Taylor for his own Reimbursement & for the 
Persons abovementioned, as is granted to them. [Passed October 23. 



CHAPTER 62. 



Legislative 
Records ot the 
Council, viii., 
392. Mass. 
Archives, 
Ixxi., 4tU. 

Post, chap. 78. 
Mass. 
Archives, 
Ixxi., 465. 



ORDER FOR A COMM^^^^ OF BOTH HOUSES TO VIEW Y" WORKS AT 

CASTLE WILLIAM. 
In Council. 

Ordered That Elisha Hutchinson, John Foster and Andrew Belcher 
Esq" with such as shall be named by the Representatives, be a Com- 
mittee to view the workes and Reparations lately made at Her Ma'^' 
Castle William ; Upon Tuesday next the 26"' currant, and to Report 
the Same. 

And his Excellency the Governo'' is praj'ed to Order the Castle Boats 
to attend the said Committee for their Transportation. 

In the House of Representatives. Read & Pass'd a Concurrence. 
& John Clark, Josiah Chapin, Joseph Parsons Esq" maj"" John Brad- 
ford, & Capt : Charles Chambers, appointed to Joine in the affaire 
abovesd. {^Passed * October 23. 



[2d Sess.] Province Laws {Resolves, etc.) . — 1708-9. 27 



CHAPTEE 63. 

ORDER ON PETITION OF JA: FRY &c OF ANDOVER IN REGARD TO 
THEIR MEETING HOUSE. 

Upon reading a Petition of Cpt : James Fry &, sundry others, prin- Legislative 
cipal Inhabitants of the Town of Andover, Praying to be heard upon ^oiuLcff vm^^ 
a Vote pass'd in the said Town, referring to the Ph^ce of Setting up 392. Mass. '' 
their Meeting House, & the Order pass'd upon the said Petition in the .^2?*^^^^^' ^'■' 
House of Representatives ; ^n^e, chap. .54. 

Ordered That the Prayer of this Petition be Granted, & a Hearing Pos^ chap, S3, 
attended before this Court, on Thursday next, the Petitioners, forth- 
with to notify the opposite Party, & Serve them with a Copy of this 
Petition. [Passed October 23. 



CHAPTER 64. 

ORDER ON PETITION OF INHAB™ OF TAUNTON N'' PURCHASE &c. TO Legislative 

HAVE A PRECINCT SET OFF. {Passed October 25. Records of the 

Council, viii., 
391. Mass. 

\_Printed with resolves, orders, etc. , ' ' granting lands, establishing pre- Archives, 
cincts and parishes, and determining territorial boundaries. "'\ cxm., 



Post, chap. 75. 
Mass. 
Archives, 
cxiii., 511, 513, 
516, 517. 



CHAPTER Q>5. 

ORDER ON ZECH^ BICKNAL'S PETITION EN REGARD TO A BARGAIN AND 
SALE OF LAND BY HIM. 

Upon reading a Petition of Zechariah Bicknal of Weymouth, Pray- Legislative 
ing to be allow'd & Impowered by an Act or Order of this Court to coundf vnf^ 
perfect a Bargain & Sale by him made of his House and Land in Wey- 390. Mass. "' 
mouth, to a Committee of the said Town for the Use of the Ministry xvii!',^2oi.' 

there, & Execute a good & sufficient Deed & legal Conveyance thereof ^^^ ' 

accordingly, The pretended or seeming Entail in the Will of his late Archives, 
Father John Bicknal notwithstanding, Considering the Words of the ^^"'^ '^^' ^*"* 
Will in the Clause refer'd to, & the Matters &, Allegations set forth 
in the Petition ; 

Ordered That the Prayer of tlie Petition be Granted, And the Pet' 
Zech"" Bicknell is permitted & allowed to Dispose and make Sale of 
his Housing and Lands thereinmencond as is Desired, and to Execute 
a Deed & Couvayauce for the same. [Passed October 26. 



CHAPTER 66. 



ORDER ON COMMTEEs .REPORT AB'^ TORN & DEFACED BILLS OF CREDIT. 

The CoMMrTTEE appointed the last Session to sort & take an Ac- Legislative 
compt of the Bills of Credit on this Province beiuo; iu the Treasurv, Records of the 

2.^ J. T e T 1 , n ■..-■ ,° , "^ Council, VUl., 

that are defaced, torn, worn out & render d useless, & to make up 392. Mass. 
each Sort in distinct Papers under their Seals, Presented a Report of m '^^^^^' ^^" 



28 



Peovince Laws {Resolves, etc.). — 1708-9. [Chaps. 67-69.] 



Ante cbap. M. the Quantity of Bills so separated, Amounting in the Whole to Fifteen 
Executive' ' Hundred and Thirty Pounds seven Shillings & eight Pence, And the 
Councff iv ^'^^^ late Massachusets Colony Bills, Three Pounds five Shillings. 
626. ' ' W^'' Report being Read is Accepted, & 

Ordered That the Treasurer be Directed to bring in y*^ s"* Bills to be 
burn'd, and that he be Discharge' for the same. \_Passed October 26. 



CHAPTER 67. 



ORDER ON PETITION OF Y^ SELECT MEN OF HAVERHILL, ABATING £.30, 
OF HAVERHILL TAX. 



Legislative 
Records of the 
Council, viii., 
393. Mass. 
Archives, 
cxiii., 456. 

Executive 
Records of the 
Council, iv., 
613,615,620,629. 



Upon reading a Petition of the Select Men of Haverhill humbly 
Representing the Distress'd Condition of the said Town by Reason 
of the Impressions lately made on them by the Enemy, Praying for an 
Abatement of their Quota to the Province Tax, with the Vote pass'd 
thereon by the House of Representatives ; 

Ordered That the Sum of Thirty Pounds be Abated of the Tax of 
Haverhil. \_Passed October 26. 



Legislative 
Records of the 
Council, viii., 
393. Mass. 
Archives, ci., 
349. 

Ante, chap. 66. 
Post, chap. 79. 



CHAPTER 68. 



RESOLVE FOR BURNING TORN & DEFACED BILLS, AND DISCHARGING 
TREASB OF £.1533,, 12 „ 8. 

In Observance of the Order of Yesterday, M'' Allen the Treas" Clerk 
Attended w'^ y*^ Bills reported by the Committee to be defaced, worne 
out, & of no further Use. Yiz\ 

1348 of 10» Bills £.674,, -,, - 1827 of 5' Bills £.456„15;, - 

2 five pound Bills ... 10,, -„- 6 Three po Bills . ... 18,,-,,- 

24 of 40' Bills 48„ -„ - 102 of 20^ Bills 102,, -„- 

Parts of Bills 7„15„2 Three S' Bills Augment^ . . -„15„- 

OneBill -/, 2,, 6 1180 of 2/6. Bills .... 147,, 10„- 

655 of 2* Bills 65 „ 10 „ - 



Amounting to Fifteen hundred and Thirty pounds. Seven ShilP 8** 
Province Bills. And in Colony Bills 3" 5^ In the whole. £.1533// 
.12/, 8. 

Which were all burn'd before the Council & Cap' Ephraim Savage 
& Cap' Stephen French appointed by the Representatives. 

Resolved, That M'' James Taylor Treasurer be and hereby is Dis- 
charged of the afores*^ Bills, Am° to Fifteen hundred thirty three 
pounds. Twelve shilP & Eight pence, which lay as Vouchers of his 
Accompts for that Sum ; w"^ the Advance of Five pounds ^ Cent, 
on the Province Bills. [^Passed October 26. 



CHAPTER 69 



ORDER ON CPT: HENRY LOWDER'S PETITION IN REGARD TO ABATE- 
MENT OF DUTIES. 



Refords'of the Upon READING a Petition of Henry Lowder Master of the Ship 

Council, viii., Tliomas & Sarah, Praying an Abatement of the Duties of Six Hogs- 

394 M 'i B 6 ' »/ c o 

Archives, ' heads, & twelve Tierces of Rum brought in the said Ship from Barba- 

Ixiii., 100.' 



[2d Sess.] Province Laws {Resolves, etc.). — 1708-9. 29 

dos, by one Job Almy of Rhode Island, a Passenger in the said Ship 
in the Year 1705, And the said Rum carried by the said Almy to Rhode 
Island, with the Order pass'd thereon iu the Ilouse of Representatives ; 
Ordered That one halfe of the Said Duties be Abated to the Peti- 
tioner. [^Passed October 26. 



CHAPTEE 70. 

ORDER REFERRING TO Y^^ SESSIONS ABATING Y^ TAX IN NORTHAMPTON. 

Upon reading a Petition of the Representative of Northampton on Legislative 
Behalf of the said Town, Praying an Explanation of the Act referring coum-n^, vmlf 
to the publick Taxes, 395. Mass. 

Ordered That no Persons, in this Pi'ovince are Exempted from the cxiii., 451. 
Countrey Tax, but Such as are by Law Excepted, & that the Law 
makes the Assessors Judges, & not the Qvarter Sessions for Polls, 
where the Poll is set at a certain Rate by law. [Passed October 27. 



CHAPTEE 71. 

ORDER ON SAM'^^ PATRIDGE ESQ« HIS ACC^. Legislative 

Records of the 
Council, viii., 

Ordered That Col" Partridge having received Pay as a military Officer, 395. Mass. 
for one year, and having been Allowed, by this Court, full Compensa- ixxi., 472.' 
tion, for two years more, there remain's only one year to be Considered, pos^chap.si. 
for which he be Allowed Commissary Wages, viz' Thirty nine pounds Mass. 
and to make up his Ace' with the Coinissary Generall for what he has ixxi., 47i,'473. 
received of the Province Stores. [Passed October 27. ieconirof the 

Couucil, iv., 
581, 582. 



CHAPTEE 72. 

ORDER ON THE REPORT OF COMMtees ABOUT LANDS IN MIDDLEBORO. 

Upon reading a Petition of Ephraim Little in Behalf of him self Legislative 
& the other Proprietors of the Town of Middleboro, Praying that the Joun cn^ vHL ,^ 
Report of the Committee appointed by this Court in the Year 1703, 39.5. Mass. 
To hear the Claims of sundry Indians to Lands on Nantucket Marthas xxxi., 50.' 
Vineyard, Assawamset, Titticut &c. Relating to Assawamset Neck in Post, chap. 73. 
Middleborough afore said, as follows, may be Accepted Approved & ^^p*^j^.gg 
Confirm'd ; To Wit, xxxi., 49; 

Concerning the Claim of Betty Susamou to Assawamset Neck and LegiJiatn-e"^'' 
other Lands thereabouts. We find that the Will presented to us, which Records of the 
she says was made by Pamataquasan Dec*^ is not truly translated. We 365. 
having the Original to compare with the Copy, And also by the Con- 
fession of Cpt: Howdrie one of the Witnesses present. That the said 
Will was written many Years since the said Mattaquasans Death, As 
also that the English do not molest the said Betty in the quiet Enjoy- 
ment of the fifty eight Acres formerly possess'd by the said Falix on 
Assawamset Neck ; 



30 



Provixce Laws {Resolves, etc). — 1708-9. [Chaps. 73-75.] 



Ordered That the Praier of this Petition be Granted. Saving to 
the Indians the 27 acres, & the 58, acres, as reserved in the Report. 
{^Passed October 27. 



CHAPTER 73. 



Legislative 
Records of the 
Council, viii., 
396. 

Ante, chap. 72. 



ORDER ON THE REPORT ABOUT BRIDGEWATER LANDS. 

Upon reading a Petition of Edward Fobes Representative of the 
Town of Bridgewater, Praying that the Report of a Committee ap- 
pointed by this Court in the Year 1703, to Hear the Claims of sundry 
Indians to Land in Nantucket, Marthas Vineyard, Assawamset, Titti- 
cut &c. Relating to Titticut as follows may be accepted, approved & 
confirm'd ; Viz, 

Isaac Wonnoe appeared to prosecute his Claim to three Miles of 
Land on each Side of Ketticut River, Bridgewater Agents made it 
appear that the}' had purchased of Assamequin six Miles from their 
Center towards Ketticut, And that Chiketabut in his Grant to Ketti- 
cut Indians of three Miles doth except any former Purchase made by 
Bridgewater Men ; We therefore think it necessary that Ketticut Indians 
& the said Wonnoe have their three Miles after the Bridgewater Mens 
six Miles be meted out, or to have the Remainder if it be not so much ; 

Ordered that the Prayer of the Petition be so far granted, as Con- 
cerns the Grant to Bridgewater. [^Passed October 27. 



CHAPTER 74. 



ORDER ON PETITION OF Y" INHABITANTS OF MALDEN, RESPECTING A 
MINISTER AT MALDEN. 



Legislative 
Records of the 
Council, viii., 
396. Mass. 
Archives, xi., 
275. 

Mass. 

Archives, xi., 
276. 



Upon reading a Petition of Thomas Newhall & others in the Name 
& by the Appointment of the Town of Maiden, Setting forth that by 
Reason of their Difficulty in Obtaining a settled Minister, The Court 
of Quarter Sessions within the County of Middlesex in September last 
appointed M"' Thomas Tufts Minister to come to them, some Time before 
which the Church had made an Invitation to one M"' David Parsons, 
who is to come to them. And the Chilrch have given him a Call, & the 
Town have Concur'd therewith. That they are in a hopeful Way of a 
loving Agreement, & good Settlement of a Minister of their own Chus- 
ing. Praying the Order of the Quarter Sessions njay be superseded, set 
aside, and made void ; 

Ordered That the Prayer of this Pet*^™ be Granted, So far that the 
Order of the Court of Sessions be Stayed, until the Issue of the affair 
referring to m'' Parsons. \_Passed October 29. 



CHAPTER 75. 



Legislative 
Records of tlie 
Council, viii., 
397. Mass. 
Archives, xi., 
258. 

Ante, chap. C4. 



ORDER ON TAUNTON SOUTH PURCHASE PETITION IN REGARD TO A 
SEPARATE PRECINCT. [Passed October 29. 

\_Printed tuith resolves, orders, etc., '■^granting lands, establishing pre- 
cincts and parishes^ and determining territorial boundaries."^ 



[2d Sess.] Province Laws {Resolves^ etc.). — 1708-9. 31 



CHAPTER 76. K^s"o7the 

Council, viii., 

ORDER ON PETITION OF BARNABAS LOTHROP ESQ^ &c. IN REGARD TO Archivesrxlv. 
INDIAN LANDS PURCHASED BY THEM. [Passed October 29. 343. 



Mass. 
\_Printed with resolves, orders, etc., '^^ granting lands, establishing pre- Archives, xiv., 

cincts and parishes, and determining territorial boundai'ies."'] isiative Kec-" 

ords of the 

Council, viil., 

359. 

CHAPTER 77. 

ORDER ALLOWING £.3, TO ABEL WRIGHT. 

A Petition of Abel Wright of Springfield Setting forth his late Legislative 
Sufferings by the Enemy, And that he supplied Provisions for tlie councu^ vn*^^ 
Subsisting of her Majesties Forces that pursued them, and the Order 398. Mass. 
pass'd thereon in the House of Represenf^^ were Read & Concur'd ; ixxi.,^463.' 
Viz, 

Ordered That the sum of Three Pounds be allowed, & Paid out of 
the publick Treasury, to the Petitioner, for the Provisions which he 
supplied to the Pursuers of the Enemy. [^Passed October 29. 



vin., 



CHAPTER 78. 

ORDER ON COMM'TE^s REPORT OF REPAIRS NECESSARY AT CASTLE 

WILLIAM. 

The Report of the Committee appointed to view the Works & Rep- Legislative 
arations lately made at her Majesties Castle William, & their Proposal Records of the 
of what Repairs are yet wanting to be done ; Viz, 39s. M;is8. 

In ^sewance off the Order of yo" Exclency the Hono"* the Councell bc^xL^Iol; 
And Representetiues in Gen'^ Court Assembled Dated the : 23*^ Octo"' ^„fe'chap 62 

1708 (a) Pos^,' chap." 106. 

On the 26'^ Currant we went in a Boat to Castle William And Uewed 
the works which we found Generally in good repaire And the most 
of the works finished which was Ordered to be don viz the Wharf es on 
both sids the Island, the Couert way And ablind for the East pouder 
howse, the walls well pointed in the uper And Lower fort. And the 
Same Couered w* bords And Shingles, all which we Aprehend, is much 
for the Securety ofs"* worlds 

And we Are of Opinion that thare is yet wanting to be don the Seu- 
erall Repaires as follows viz 

Id s d 
The two lynes of Communication to be Couered w"" bords And Shingles we ] na nn nn 

naue Computed may cost about j ' ' 

A lyne of Stockados to be Sett downe on the Nort side of the Lower Battry | 

from the W'est wharfe to the East to Secure the Wall from the Sea we V 10 ,, 00 „ 00 

haue Computed may cost .......... j 

The Blockhowse to be Claborded which is Nessecary to preserue the Timber ) s ofl 00 

we haue Computed may cost . | ' " " 

The Platformes in the Lower lyne of Guns Are Some of them Defectiue And 

in regard the Guns now placed thare are much Larger then the former, 

we Aprehend And are of Opinion that three Streaks be layd downe of 

three Inch Oake plank to bare the wheeles of the Caradges, pine plank 

not haueing Strenth in 'it to bare the Same we Suppose the cost And 

Charge may not Exseed 



36 „ 00 „ 00 

Thare is wanting in the Upper Fort fine Guns And Carradges that shuld be I y- (^(^ ^.r^ 
upwards 2000''' Each which we understand may be had for . . . J " " 



Elisha Hutchinson [^]^ oixF of Comitte 

1 Manuscript mutilated. 



155 „ 00 „ 00 



32 Province Laws {Resolves, e^c). — 1708-9. [Chap. 79.] 

Ordered That the Report, on the other side be Accepted, & what 
is therein Proposed, be done, assoon, & as cheap, as may be, excepting 
the Procuring of the five Guns, mentioned, in the last Article, which 
is Deferr'd for the present. \_Passed October 29. 



CHAPTER 79. 



Legislative 
Records of the 
Council, viii., 
39S. Mass. 
Archives, ci., 
352. 

Ante, chap. 68. 
Post, chap. 85. 



RESOLVE FOR IMPRINTING £.10000, IN BILLS OF CREDIT. £.15000, IN BILLS 
OF CREDIT TO BE EMITTED.' 

Resolved That the Sum of Ten Thousand Pounds, of Bills, of Pub- 
lick Credit, on this Province be further, & forthwith Imprinted, by the 
Committee that Imprinted the last Bills, (Saving that Capt : Ephraim 
Savage, is in the room of John Leverett Esq"' President of the College) 
One Thousand Pounds, whereof, to be made upon the Plate, which Con- 
tains 2/, & 2/6 Bills, the remaining Nine Thousand Pounds, to be made, 
upon the Plate which Coutain's 40/, 20/ , 10/, & 5/ Bills, to be by them 
Delivered to the Treasurer, taking his Receipt for the Same, whose Pay 
for their Service, herein. Shall be in the Same Proportion, as for the 
Bills, they last made. 

And the Treasurer, is hereby, Directed, & Impowered, to Issue, forth, 
& Emit, the Said Sum of Ten Thousand Pounds of Bills, together with 
Five Thousand Pounds, more of the Bills of Publick Credit, that are, 
or shall be Received into the Treasury, towards Payment, of the Pub- 
lick Debts, of the Province, already Contracted, & the further grow- 
ing charge, for the Defence thereof, for Supplying & Subsisting, of 
the Province : Galley, Forts, Garrisons, & Forces, raised, & to be 
Raised, &, Imploied, within the same ; &, wages arising for their Ser- 
vice, for Payment, of Grants, Salaries, & Allowances made, &, to be 
made, by this Court according to Such Draughts as from time, to time 
Shall be made upon him, by Warrant, or order of the Governor, by, & 
with the advice, & Consent of the Council. And the said Bills, 

Shall Passe out of the Treasury, at the value therein Expressed, eqviv- 
alent to money, & shall be Taken, & accepted, in all publick Payments, 
at the advance, and after the Rate of five Pounds, ^ cent. more. 

And That the Duties, of Impost, & Excise, Shall be affund, & Secu- 
rity, for the Repayment, & Drawing in, of the S** Bills, to the Treasury 
again. So far as that will Reach. 

And as af urther Fund, & Security, for the same, for the Paying of 
Souldiers Wages, & for Defreying of the further necessary growing 
charge of the Province, the Defence ; of her Majesties Subjects, &, 
Interests within the Same, & Support of the Government, thereof, 
there be, & hereby is granted, unto her most I^xcellent Majesty To 
the Ends, & Uses afores'^ a Tax of Fifteen Thousand Pounds, to be 
Levied, on Polls, & Estates both Real, & Personall, within this Prov- 
ince according to Such Rules, & in Such Propoi-tion, upon the Severall 
Towns, & Districts, within the same, as shall be agreed on, &, 

Ordered by the Great &. Generall Court, or Assembly of this Prov- 
ince, at their Session in May 1711, Eleven Thousand Pounds thereof 
to be Paid, into the Treasurer, on or before the last day of November, 
in the s*^ year, the remaining Four Thousand Pounds, to be Paid in to 
the Treasurer, on or before the last day of May 1712. \_Passed Octo- 
ber 29. 



^ Printed in the notes to the Acts for tlie year 1708-9, Province Laws, i., 635; reprinted 
here, as important. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1708-9. 33 



CHAPTER 80. 

VOTE FOR SENDING THO : ODELL TO BE CONFINED AT CASTLE WILLIA3I. 

"Whereas Thomas Odell, now prisoner in Her Ma*^' Goale in Boston Legisiattve 
under Sentence of Her Ma'''^ Court of Assize and General Goale Deliuy coundf viii*^^ 
to Suffer Twelve mouths Imprisoum' and to pay a Fine of Three Hun- «"l. Mass. 
dred pounds to Her Majesty. &" for being concern'd with others in bcxi^,'!;!.' 
Couuterfeiting and uttering false Bills of Credit on this Province, hath 
once broken Prison and made his Escape ; And since that is Charged 
with commiting divers Theft's, being a very dangerous person 

Aud it being Suggested That some ill minded persons are Contriving 
again to worke his Escape. 

Resolved That for his better and more safe keeping, It shall and 
maj' be Lawful to aud for any two of Her Ma*^' Justices of the s*^ Court 
of Assize and they are accordingly Directed, by Writ of Habeas Corpus 
to y*" Sheriffe of the County, to cause the said Thomas Odell to be 
removed from the s"^ prison In order to his being sent to Her Ma'^^ 
Castle AYilliam, there to be straitly Confined, until he perform the 
abovesaid Sentence, and be brought to answer by due process of Law 
for his other Crimes An}' Law Custom or Usage to the contrary not- 
withstanding. \_Passed November 1. 

i 



CHAPTER 81. 

RESOLVE ALLOWING £.38, TO COLL. SAM^-i- PATRIDGE. 

A Resolve pass'd in the House of Representatives upon a Review Legislative 
of the Accompts of Colonel Samuel Patridge^ Read & Concur'd ; Viz, councfi^ vui*^^ 

Resolved That the Sum of Thirty Eight Pounds be further Allowed, -toi. Mass. 
& Paid out of the publick Treasury, to Samuel Partridge Esq'' the Peti- ixx^i.,^470! 
tioner, in full for his Service mentioned, in this his Petition. \_Passed ^«;e,chap.7i. 
November 2. Mass. 

Archives, 
Ixxi., 471, 473. 



CHAPTER 82. 

ORDER ON CPT: EPHRAIM SAVAGE'S PETITION, COMPLAINING OF OUSTER 
OF LANDS BY THE SHERIFF. 

Upon reading a Petition of Captain Ephraim Savage, Complaining Legislative 
That he is Ousted of a Messuage or Tenement Orchard and Land, Con- ^uin^f, vm!*,^ 
sistiug of about thirty acres. Lying situate in Reddin within the County 402. Mass. ' 
of Midd'' by the Sheriffe of, the s*^ County mislaying an Execution issuing 919. ' ' ' 
out of Her Ma'^' Superiour Court of Judicature at the Suit of Francis Mass. 
Smith, Jeremiah Sweyne and Mary his wife, and Judgment rendred m-'^Qil®|j-^9S6 
for the said Smith and Sweyne to recover Possession of One Hundred '• » • 
acres of Land according to their Demand by the Writ or Attachment. 
And in Variance from, the Verdict, Judgment and Precept or Writ of 
haber facias possessionem to \\\\n T)n'eoied. 

Ordered That Her Ma'^' Justices of the said Superiour Court at their 
next Sitting within the County of Midd" Do Inspect and Examiu into 
the Record and process of the said Suit and P^xecution made thereon 
and cause what is amiss therein to be rectifyed, and to see that be 

' As commissary. — Mass. Archives, Ixxi., 470. 



34 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 83-85.] 



done w'*" is agreeable to Right & Justice. That the Subject be not 
oppressed grieved & have just cause of Complain'. \_Passed Novem- 
ber 3. 



CHAPTER 83. 

Klfirds'ol^he O^^^R FOR DIVIDING THE TOWN OF ANDOVER INTO TWO PRECINCTS. 
Council, viii., [Passed November 3. 

402. Mass. 

277. '' '' \_Prmted with resolves, orders, etc., '■'■ granting lands, establishing j^re- 
Ante, chap. 63. cincts and parishes, and determining territorial boundaries. "'\ 

Mass. 
Archives, xi., 

263 Ws, 264, 266, • • 

267, 268, 270. 

CHAPTER 84. 

RESOLVE ALLOWING £.300, TO HIS EXCY. 

Resolved that the Sum of Three Hundred Pounds be allowed & paid 
out of the publick Treasury to his Excellency Joseph Dudley Esq"" Cap- 
tain General & Governour in Chief of this her Majesties Province for 
his Support in Managing the Affairs of the Governm'. \_Passed Novem- 
ber 3. 



Legislative 
Records of the 
Council, viii., 
403. 

Ante, chap. 55. 
Posi, chap. 99. 
Executive 
Records of the 
Council, iv., 
597. 



CHAPTER 85. 



Legislative 
Records of the 
Council, viii., 
404. 

Ante, chap. 79. 
Post, chap. 132. 
Mass. 
Archives, 
xlviii., 398, 400, 
403, 404; cviii., 
59. Legislative 
Records of the 
Council, viii., 
378, 380, 394, 399, 
400. 



COMM'^^Es REPORT ABOUT ARTICLES OF GRIEVANCES ACCEPTED BY Y^ 
COURT, TOGETHER WITH REPORT ABOUT BILLS OF CREDIT. 

Upon Conference by the Committees appointed by both Houses to 
conciliate a good Agreem' between the Houses relating to the sev" 
Articles of Payments out of the Treasury, Voted by the Represent""^^ 
as Grievances 

We humbly offer, As to the Articles of Wages paid to the Gunner 
of the Fort at Salem, & to the Gunner of the Fort in Marblehead, & 
Centinels posted in the said Forts, That for the Future a Gunner at 
each of the said Forts be maintained at the Chai'ge of the respective 
Towns ; 

That for & during the Continuance of the present War with France 
& not afterwards. There be one Centinel for the Winter Half Year, 
and two Centinels more to make three in all in the Summer, in Ordinary 
maintain'd at the Fort in Salem at the Province Charge for Wages & 
Subsistence, If his Excellency see Cause to post so many there ; 

That for & during the Continuance of the present War with France 
and not afterwards, There be one Centinel in Ordinary for the Summer 
Half Year maintained at the Fort in Marblehead at the Province Charge 
for Wages & Subsistence : 

That the Rolls for the two Years last past remaining unpaid be made 
up accordingly, & in that Proportion, If so many Centinels have been 
posted & served at the said Forts respectively : 

As to the Article of Expence about Illuminations &c, That Nothing 
be further said thereof for what is past, No future Charge to be drawn 
upon the Publick for the like Occasion without this Courts Approbation : 

As to the Article of Expence on the Court Martial, It not being prob- 
able such an extraordinary Occasion will again happen, That Article 
to be dismiss'd without further Insisting on : 



[2d Sess.] Province Laws (Resolves, etc.). — 1708-9. 35 

As to the Article of Monthly Wages to the Captain of the Galley 
That the Captain have Liberty to speak for him self before the Court, 
And that he have such Allowance as this Court shall Order : 

As to the Article of Charge for his Excellency's Attendance & Guard, 
in his Journeys Eastward &c. That for the Future no Draught be made 
upon the Treasury for the same without the Allowance of this Court : 

We have also had Consideration of what is refer'd to us by the Court 
about the Projection of Stamps Scrowles & Colours to be used in the 
Impression of the Bills of Credit now Ordered to be made ; 

And humbly offer that the Date of the Year be alter d to the present 
Year 1708, And that the Scrowle on the Back of the Bills be made of 
Red Ink. [^Passed November 3. 



CHAPTEE 86. 

GEN^-'' THANKS GIVING APPOINTED. 



Upon a Motion from the House of Represent"^' That a General LegiBiative 
Thanks Giving be appointed on or as near a Day as may be con- cmmcif, vH^^ 
venient ; '^^ 

Advised that Thursday the twenty fifth of November Instant be ^nte, chap. 28. 
appointed for Celebrating a Thanks Giving, And a Proclamation was Boston News-^" 
drawn up accordingly. [Passed * November 3. • fetter, No. 239 

^ o ./ L (Mass. Histor- 

ical Society). 

. _— — Sewall's Diary, 

ii., 243. 

CHAPTER 87. 

RESOLVE ALLOWING £.5, TO SARAH COFFIN. 

A Petition of Sarah Coffin Relict Widow of William Coffin of Salem Legislative 
lately slain in her Majesties Service, Praying for some Relief to be coum^if \*iii'^*' 
granted for her self, & her fatherless Children ; And the Resolve pass'd 405. Mass. 
thereon in the House of Represent™^ were Read & Concur'd ; Viz, hc^L.'Iei.' 

Resolved, That the Sum of Five Pounds be Allowed and Paid out 

of the publick Treasury, to the Petitioner in Consideration of the 
remarkable forwardnesse, & Courage, which her late Husband distin- 
gvished him self by, in the action, wherein he was Slain. [Passed 
November 3. 



CHAPTER 88. 

RESOLVE ALLOWING £.3, TO DAVID WHITTAKER, AND £.3, TO JN^ 

PRESCOTT. 

A Petition of David Whittaker of Concord, Praying Allowance out Legislative 
of the publick Treasury in Consideration of a Wound he received whilst comicff, wiV.',® 
in her Majesties Service, being shot through one of his Legs near the ^6-, }}^^^- 
Ham with a Brace of Bullets, by the accidental Discharge of one of ixxi., 474.' 
his Fellow Troopers Pistols, W"'' Shot came through a Part a little Mass. 
above his Ancle, with a Resolve pass'd thereon by the House of Rep- ^^'"47§' 
resent"'^' Read & Concur'd ; Viz, - - •> 

Resolved That the Sum of Three Pounds be Allowed, & Paid out of 
the publick Treasury to the Petitioner in full for his losse of time t&c^ 
And the sum of Three Pounds to m'' Jon" Pi-escot jun' the chyrurgion 
that cured him, in full for his cure. [Passed November 4. 



36 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 89-92.] 



CHAPTER 89. 



RESOLVE ALLOWING £.3 „ 8, 



TO MK SAM^^ HUNT. 



Legislative 
Records of the 
Council, viii., 
406. Mass. 
Archives, xi., 
262. 



A Petition of M"' Samuel Hunt, Praying to be paid the Sum of Fif- 
teen Pounds over & above the Eighteen Pounds he received by Order 
of this Court for his Service as Chaplain at Dunstable, and three Pounds 
eight Shillings short paid him for his Service as Chaplain in the late 
Expedition to Nova Scotia, with the Resolve pass'd thereupon in the 
House of Represent"'' were Read & Concurd ; Viz, 

Resolved That the Sum of Three Pounds & eight Shillings, be Allowed, 
and Paid out of the publick Treasury, to M'^ Samuel Hunt, the Petitioner, 
for what he is Short paid, in the late Expedition, to Nova Scotia, And 
That the Town of Dunstable Pay him what remain's due to him for his 
Service there. \_Passed November 4. 



CHAPTER 90. 



VOTE FOR CPT: SOUTHACK'S WAGES &c. 



Legislative 
Records of the 
Couucil, viii., 
407. Mass. 
Archives, 
Ixiii., 101. 



Ordered That Capt : Cyprian Southack Coiiiander of the Province 
Galley, be allowed. Six Pounds, ^ month. Wages, And have the Ten- 
der of being the Purser to Victuall the men, at Such Rate, as shall be 
agreed with him by a Committee, to be appointed for that end. for 
Pos<, chap. 134. the Year next coming. \_Passed November 5. 



CHAPTER 91. 



Legislative 
Records of the 
Council, viii., 
408. Mass. 
Archives, 
xi., -271. 

Mass. 

Archives, xi., 
273 bis. 



ORDER ON BRANTREY PETITION FOR TWO PRECINCTS. [Passed November 5. 

\_Printed with resolves., orders., etc., '■'• granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 92 



Legislative 
Records of i\\' 
Council, viii., 
40«. Mass. 
Archives, 
Ixxi., 477. 



ORDER FOR ADDITIONAL ALLOW^^ FOR SNOW SHOOES. 

Whereas, It is Complain'd, That the Allowance for those, who are 
In joined by Law, to be constantly provided, with Snow Shoes, and 
Mogginsons is too Small. 

Ordered That Two Shillings, ^ man, for the year next coming, and 
one Shilling ^ year for the two next j^ears after, be further allowed to 
each of the Said Persons. 

And That effectuall Care be Taken, That they be forthwith Provided 
with Snow Shoes, & Mogginsons, & alwaies kept in good Repair, as 
the Law Directs. \_Passed November 5. 



[2d Sess.] Pkovince Laavs {Resolves, etc.). — 1708-9. 37 



CHAPTEK 93. 

ORDER ON PETITION OF BENJ^ CHURCH &c RESPECTING A HIGH WAY 

AT FREETOWN. 

Upon rkadixo a Petition of Coll : Benjamin Church & others Pro- Legislative 
prietors of the Southerly Part of the Town of Freetown referring to a c^uuclf y^n^® 
high Way or Road from the fall River towards Taunton Bounds ; 406. Mass. 

^Ordered That this Pef^-^" be referr'd and Recommended to the Court ^xm.! «ri. 
of Quarter Sessions in the County of Bristol, to review the Report of Records of the 
their former Committee of a Streight and more convenient highway or Court of Quar- 
Road to be laid out for the better accommodation of the Town and BHst^oTcouuty. 
Travellers ; And to pursue the same accordingly. \_Passed November 6.^ n Jau'y, 1708. 



CHAPTEK 94. 

ORDER FOR COMM'^^es ^qR Yi^^ REPAIRS OF Y"' PRESIDENT'S HOUSE 

AT CAMBRIDGE. 

Ordered That M"' Speaker, and M"" Stephen Willis, be a Coiiiittee, Legislative 
to Take Care for the Repair, of the House built, for the use of the councu, vml^ 
President, of Harvard College at Cambridge, & Bring in the ace" of 407. Mass. 
the Charge, to this Court. \_Passed November 6. Mii^,^26e.' 



CHAPTEE 95. 



RESOLVE ALLOWING £.200, TO THE COMMISSI GEN^"^'. 



Resolved that the Sum of Two Hundred Pounds be allow'd and Legislative 
paid out of the publick Treasury to the. Hon*^'" Andrew Belcher Esq^ Coundf, viilf 
Commissary General for his good Service in the s'' Office the Year ^^- 
past, Ending the nineteenth of August last. \_Passed November 6. -^nf^, chap. 34. 



CHAPTEE 96. 



RESOLYE ALLOWING £..50, TO Y'' SECRY. 

Resolved that the Sum of Fifty Pounds be allow'd & Paid out of the Legislative 
publick Treasury to the Hon''''^ Isaac Addington Esq'' for his extraor- councif °4f*^ 
dinary Service for this Province the Year Currant, Ending the next 409. 
Month. \_Passed November 6. 

' The foregoing order was based upon an answer of the Quarter Sessions to a petition 
for relief from an order of confirmation of the return of a jury as to the laying out of the 
road in question. A committee had previously been appointed by the Quarter Sessions to 
view and report in regard to the road ; and it was alleged in the petition that the jury, 
which was to lay out the road conformably to the committee's report, had laid it out other- 
wise and improperly. The Quarter Sessions had, however, confirmed the jury's return, and 
now gave answer to the petition for relief that the court could not alter its "record, at the 
same time advising the petitioners to apply to the legislature. This they did, with the 
result above shown ; which virtually gave the court authority to alter its record. 



38 



Province Laws (Besolves, etc.). — 1708-9. [Chaps. 97-101.] 



Legislative 
Records of the 
Council, vilL, 
409. 

Ante, chap. .59. 
Post, chap. 125. 



CHAPTER 97. 

RESOLVE ALLOWING £.15, TO M« JOHN WHITE CLERK. 

Resolved that the Sum of Fifteen Pounds be further allowed & Paid 
out of thePublick Treasury to John White Clerk of this House for his 
Service the Year Curr' ending in May next. [^Passed November 6. 



CHAPTER 98 



RESOLVE ALLOWING £.20, FOR V MINISTRY AT DEERFIELD. 



Legislative 
Records of the 
Council, viii., 
409. Mass. 
Archives, xi., 
274. 



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 beginning the 6"' of Decern'' next. 
[^Passed November 6. 



CHAPTER 99. 



Legislative 
Records of the 
Council, viii., 
410. Mass. 
Archives, 
xlvili., 407. 

Ante, chap. 84. 
Legislative 
Records of the 
Council, viii., 
405, 407. 



RESOLVE ALLOWING £.20, FOR THE GOV»s CHARGE IN HIS JOURNEY 

EASTWi^. 

In Consideration of the extraordinary Occasion of his Excellency 
the Govern" Journeying Eastward, for the setling of the Fort at Winter 
Harbour. &c^ 

Resolved That the Sum of Twenty Pounds be Allowed, & Paid out 
of the Publick Treasury towards the charge of his Journey. \_Passed 
November 6. 



CHAPTER 100. 



Legislative 
Records of the 
Council, viii., 
410. Mass. 
Archives, xi., 
274. 

Mass. 

Archives, xi., 
274. 



RESOLVE ALLOWING £.20, FOR Y*' MINISTRY AT BROOKFIELD. 

Resolved That the sum of Twenty Pounds be allowed, & Paid out 
of the Publick Treasury towards the maintaining a minister in the 
Town of Brookfield the year currant to begin from the time of a min- 
isters going 

If he there Continues a year, and in proportion for the time, a min- 
ister is there, which minister Shall be approved by the ministers, of 
the three next neighboring Towns. \^Passed November 6. 



CHAPTER 101 



Legislative 
Records of the 
Council, viii., 
410. Mass. 
Archives, 
Ixiii., 102. 



RESOLVE ALLOWING £.30, TO DANIEL LAWRENCE. 

Resolved That the Sum of Thirty Pounds be allowed and Paid out 
of the Publick Treasury to the within-mentioned Daniel Lawrence, for 
his service^ the year past, ending Octo'' last. [^Passed November 6. 

I As the waiter at the Impost ofRce. — Legislative Records of the Council, viii., 410. 



[2d Sess.] PiioviNCE Laws (Hesolves, etc.). — 1708-9. 39 



CHAPTEE 102. 

ORDER FOR LAYING OUT 800 ACRES OF LAND TO Y*^ HEIRS OF JON'^ Legislative 

WADE. [Passed November 6. C^uncU, vUilT 

410. Mass. 

\_Printed loitli resolves y order s., etc., ^'•granting lands, establishing j^re- ^^^^'^''^^s* ^''^•> 
cincts and parishes, and determining territorial boundaries. "'\ ^^use. 

Archives, xlv., 
368, 369. 



CHAPTEE 103. 

RESOLVE FOR COMMt^e FOR BOSTON OUT WHARVES. 

Resolved that The select Men of the Town of Boston, that now are Legislative 
be a Comittee to Consider what is necessary for the repairing of the co^n'^'if °*f ^® 
AVall or out wharfe before the Cove in Boston : and Cans a New sur- 4io. Mass. 
veigh to be made of the said Flatts and the Circular Line to be staked ^x'uLlieg. 



out and each mans Right apportioned agreable to a Covenant made by ^^.^ ^ 
the Select men of said Town with the undertakers of said Wharf : Re- Archives, 
serving to the Town : that the Flatts that ly before their highways lead- 4fi7"468!^^' *^' 
ing into said Cove be Continued their full breadth to the Circular line : 5*^^:?'^*^^ o'^f 
and that they make return of their doings therein (and of the names men, 1701-1715, 
of those that refuse to repair the severall parts by them undertaken) '**^' '*®' ^^■ 
unto the sessions of this court in may next for their Approbation and 
Confirmation and for their further Directions therein. [_Passed Novem- 
ber 6. 



CHAPTEE 104. 

ORDER ON ELISA: HALL'S PETITION FOR JAMES HALL'S COLLECTING 

THE TAX &c. 

A Petition of Elisabeth Hall Widow & Administ" of the Estate of Legislative 
John Hall of Taunton, late one of the Constables of said Town Dec-^ coundf, vii£^ 
Praying that his Brother James Hall with whom the Select Men of the Arcw^fs^ xvu 
said Town have Agreed to gather in what is remaining unpaid of the -iii. ' * 
List committed to him as his Part of the Province Tax made for Taun- 
ton in the Year 1706, He not having perfected the said Collection in 
his Life Time, with the Order pass'd thereon in the House of Repre- 
sent"'' Were Read & Concur'd with; Viz, 

Ordered That the Praier of the Petition be Granted, & the s'' James 
Hall, is appointed Collector to Gather in that part of the Tax which 
is outstanding, that was Coiiiitted to Constable John Hall, dec*^ And 
the Treasurer is hereby Impowered, to make out his Warrant accord- 
ingly. \_Passed November 6. 



40 



Province Laws (Resolves, etc.). — 1708-9. [Chaps. 105-107.] 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Sixteenth day of February, A.D. 1708-9. 



CHAPTER 105. 



Legislntive 
Records of the 
Council, viii., 
415. Mass. 
ArchiveSjlviii., 
267. 

Mass. 
Archives, 
cxxii., 313. 
Executive 
Records of the 
Council, v., 36. 



RESOLVE ALLOWING JOHN CLARK ESQ« £.14„1„6, FOR HIS ACC'' OF 
PRINTING M« COTTON MATHER'S SERMON. 

Upon an Accompt offer'd by John Clark Esq'' for the Charge of 
Paper and Printing a Sermon of M' Cotton Mather's by Order of the 
House ; Read & Concur'd ; Viz, 

Resoloed That the Sum of Fourteen Pounds one shilling & Sixpence, 
be allowed, & Paid out of the publick Treasury to John Clark Esq" in 
full of the ace*" on the other side. ^Passed February 17. 



CHAPTER 106. 



Legislative 
Records of the 
Council, viii., 
415. Mass. 
Archives, 
Ixxi., 491. 

Ante, chap. 78. 
Posi, chap. 120. 



ORDER FOR A COMM^ee qF BOTH HOUSES TO VIEW THE WORKS AT 

CASTLE WILLIAM. 

In the House of Representatives 

Ordered That Capt: Stephen French Maj"' Samuel Thaxter, & M"" 
Stephen Willis be a Coihittee, with Such as the Hon'''*' Board shall Ap- 
point, to Go down to Castle William assoon as conveniently may be, 
&. view the Platforms there, & make Report to this Court, in what 
method thej^ Think it is most proper to Repair them 
In Council. 

Read and Concurr'd. And Ephraim Hunt & Sam'' Appleton Esq" w"" 
CoP Winthrop Capt" of the Castle were appointed of the Committee 
for y^ affair aforesaid. [^Passed February 17. 



CHAPTER 107. 



VOTE FOR SENDING A MESSAGE TO THE L" LOVELACE GOV» OF NEW 
YORK, AND APPOINTING A COMM^'ee tq DRAW THE INSTRUCTIONS. 
Legislative 

Councif vn^^ yoted that two Gentlemen be desired & appointed to undertake a 
414. Journey to New York, to Congratulate his Excellency the Lord Love- 

Pos«, chap. 113. lace upon his Arrival to his Governm' And to Urge the Service of 
Archives iii. ^^® Maquas, & Other the Five Nations of Indians, in the present War 
121. ' ' against the French & Indians : 



[3d Sess.] Province Laws {Resolves, etc.). — 1708-9. 41 

And that Elisha Hutchinson Escf & the Secry. be a Committee to 
draw the Instructions with such as the Represent"*'' shall add to them. 

■^ych Order was Agreed to by the Represent"^' And M' Speaker, 
Josiah Wolcott & Robert Hale Esq" are joined with the Committee of 
the Board in the Affair afore said. [^Passed * February 18. 



CHAPTEE 108. 

RESOLVE ALLOWING £.10, TO JOHN GYLES ON HIS PETITION. 

A Petition of John Gyles of Salem Cordwainer Praying for some Legislative 
benevolent Relief in Consideration of a Wound received in her Majes- J^ou°'^'if \\\t^ 
ties Service in his left Arm, whereby it is rendered useless, with the 4i7. Mass. 
Resolve pass'd thereon by the Repres^"' Read & Concur'd ; Viz, fxx^i^.'Iyl.' 

Resolved That the Sum of Ten Pounds be Allowed *fe Paid, out of the 
publick Treasury to John Gyles the Pet' for his Smart, & losse of Time. 
[Passed February 19. 



CHAPTEE 109. 

RESOLVE ALLOWING £.3, TO JOHN TOWN ON HIS PETITION. 

A Petition of John Town of Topsfield Praying an Allowance for Legislative 
Loss of his Time & Charge for Cure of a Wound received whilst in coun"u, vm!!^ 
her Maiesties Service, with the Resolve pass'd thereon by the Repre- ^P- Mass. 

,o-r.-ini-i 5 TIT- Archives, 

sent"^^^ Read & Concur d ; V iz, ixxi., 482. 



Resolved That the Sum of Three Pounds be Allowed & Paid out of Mass 
the publick Treasury to John Town the Petitioner, in full for his Losse ^^^^^Iss' 
of Time Cure &c*. \_Passed February 19. isi. ' 



CHAPTEE 110. 

ORDER ON MEDFORD PETITION RELATING TO M^^ BENJ-*^ WOODBRIDGE. 

A Petition of sundry Inhabitants of Medford, Complaining of the Legislative 
Proceedings in a Town Meeting held the sixth of December past, Viz, comu'lr, vh^" 
In Calling & M'^ Benjamin Woodbridges Accepting to preach with them, 4i"- Ma^ss. 
Contrary to the Order of the Court, with the Order pass'd on the said 284. "' ' '' 
Petition in the House of Represent'*^' Read & Agi'eed to; Viz, Ante, vhnp.ii. 

Ordered That the Select men of the Town of Medford, and the mod- fi^^;'-^''"!'- ^^''^ 
erator, in a Town Meeting there, on the 6* Dec"" 1708, & m"' Benj" Wood- Arciilves, xi., 
bridge Do Attend this Court, on Tuesday the 22"^ of this Instant, & Give sfs.'lsv.' "^^ 
an ace"* of their Proceedings in Calling & M"' AVoodbridge his Accept- 
ing, to Preach with them notwithstanding the Order of this Court to 
the contrary. And that M'' Woodbridge have a copy of this Petition. 
[Passed February 19.. 



42 



Province Laws {Resolves, etc) . — 1708-9. [Chaps. 111-113.] 



CHAPTEK 111 



ORDER FOR A HEARING ON NATH^-l HOBART'S PETITION, 
REMEDY FROM FORFEITURE OF A PENAL BOND. 



PRAYING 



Legislative 
Records of the 
Council, viii., 
418. Mass. 
Archives, xl., 
931. 

Mass. 

Archives, xl., 
909, 929, 930. 
Legislative 
Records of the 
Council, viii., 
367. 



Upon reading a, Petition of Natlianiel Hobart of Hiugham, Praying 
that this Court will provide Remedy to Relieve him in Equity from the 
Forfeiture of a Penal Bond found against him at the Superiour Court, 
at the Suit of Ebenezer Prout ; 

Ordered That the Pef cause Ebenezar Prout the Adverse party to 
be Served with a Copy of this Pet*"^" That he may shew cause if any 
he have, on the Second Wednesday of the next Session of this Court, 
why this Court should not consider the Complaint thereinmencond 
and provide releif e for the Pet'' as is prayed for. [Passed February 21 . 



Legislative 
Records of the 
Council, viii., 
417. Mass. . 
Archives, xi., 
290. 

Mass. 
Archives, 
cxiii., 480, 485, 
487, 488. Leg- 
islative Rec- 
ords of the 
Council, viii., 
412,415,416,418. 
Executive 
Records of the 
Council, iv., 
625, 651. 



CHAPTEK 112. 

ORDER ON REPORT OF THE COMM^i:!^ RELATING TO DARTM*^ & TIVER- 
TON, AND ORDER RESPECTING THE TOWN OF DARTMOUTH.' 

In the Case of Dartmouth referring to the Sum of Four Hundred 
& thirty seven Pounds eleven Shillings being their Proportion to the 
Tax now in Collecting, Whereof this House is sensible, That Sixty 
Pounds was intended for the Support of M' Hunt Minister there, Who 
has lately attended the Council, & acquainted them. That he has had 
such Acceptance there in so short Time of his Residence, That his 
Auditors have Agreed to build a Meeting House, & have subscribed 
to pay him Thirty Pounds for the first Year, besides his Entertainment 
at Bed & Board, Whereupon in Hopes of the Success of his Ministry, 
He is willing to refer himself to the good Providence of God, & the 
Care of his Friends, & is altogether unwilling any Distress be made 
upon the said Town of Dartmouth for any Part of the said Sum ; 

Ordered That if the persons attending this Court from that place 
shall pay and Secure to the Treasurer the remainder of the Tax that 
is £'dll II 11. the Treasurer is directed to discharge the Prisoners from 
that Town thereupon. And that he also Grant Warrant for Collecting 
the said Tax of £377. 11 ^, - as if there had been no proceeding against 
the Assessors now Imprison'd for the reimbursing of the persons ad- 
vancing the money as aforesaid. [^Passed February 23. 



CHAPTER 113. 

DRAFT OF INSTRUCTIONS TO Y'' COMMISSIONERS TO WAIT ON LORD 
LOVELACE, ACCEPTED. 

Records^of th '^^^ COMMITTEE appointed to prepare Instructions for the Commis- 

Councii, viii., sioners to attend his Excellency the Lord Lovelace, Reported their 

Archivesl^ii. Draught; W^ was Read &, Accepted, «& Agreed to by the Representa- 

I'^t- tives. 



' The report of the committee related " to the Affair of Dartmouth & Tivcrtons Taxes ; " 
the order is "for issuing the Affair as to Dartmouth in the words following" in the text 
supra. 



[3d Sess.] Province Laws (JResolves, etc.). — 1708-9. 43 



Province of the Massachusetts Bay in New-England. Bv-his Ex- Ante, chav-'i 
sll'^y Joseph Dudley Esq^ Gov"' &c* i.eKishitlve 



.107. 

cell'^^ Joseph Dudley Esq^ Gov"' &c* i.e^i'si^ative 

Instructions to be Observed by In their Attendance upon S*^*^ ^''']? '^\}}^^ 

his ExcelP^ The Lord Lovelace Governour of Her Ma'^' Provinces of 472. ' 
New-Yorke &c" by the Appointment of my Selfe and the General As- 
sembly of this Province. 

You are Desired, the first and next opportunity of seasonable weather, 
with your attendant Servants, to undertake and Set forth on a Jour- 
ney to New-Yorke, by the best way you shall thinke fit, on the Service 
of this Province. 

At your coming thither, forthwith attend his Excell*^^ The Lord 
Lovelace, Deliver him my Letter, accompanying you, and Acquaint 
his Lord" That you attend him, by the Appointment of my Selfe and 
the General Assembly, to Congratulate his Excell*^^' h^PPy arrival to 
his Governm'^ and to Express our Desire of a mutual friendly neigh- 
bourhood and Correspondence ; which in all Instances shall be Culti- 
vated on our part, and we are justly perswaded, from his Lord''' noble 
Character, to Expect on his part. 

Embrace all favourable Opportunity's to Discourse his Lord" on the 
head of the War, and the necessity, and most reasonable Expectation, 
That all Her Ma'^'' Governm'' Lying so contiguous, should Combine to 
yield mutual Succours and Assistance Each to other, and by a United 
force to Oppose the power of the Enemy. 

withal Acquainting his Lord" how hard the War has press'd on this 
Province and how heavy the burden and Charge for the Support 
thereof, has lay'n upon Her Ma'^^ good Subjects here, by the space of 
near twenty year's past, and the very great Losses they have Suffered 
both in men and Estate ; whilst some other of Her Ma'^^ Plantations 
have felt Little thereof, either in charge or Losses, and been in a great 
measure quiet, being covered by our maintaining the Frontier. 

You are to Observe to his Lord" how Serviceable the Maqua's and 
the other Tribes of the Western Indians, dependant on his Lord"' Gov- 
ernm* have been in former Wars whilst they have acted offensivly in 
Conjunction with Her Ma'^^ Subjects ; and by their marches in party's 
towards Canada, have greatly distress'd, made considerable Spoils on 
them and their assistant Indians, and prevented the Descents from 
that side on these Plantations ; which now are frequent. And they 
are the last Terror to our Eastern Salvage Rebels, by whome we are 
greatly oppressed. 

You are also to Observe to his Lord" That we have been well In- 
formed of their good Inclination and readiness to take up the hatchet, 
as their phrase is, to Assist their Bretheren of New-England ; may 
they have his Lord"^ allowance and Commission for the same ; being 
perfectly under his Lord""* Influence and Direction. 

And Endeavour to make his Lord" Sensible of the just fear s there 
are of the Defection of those Tribes, and their being debauched by the 
French, whilst they stand neutral and are not Improv'd in the War; 
They are of active Sanguinary Spirits, used to War, and cannot be 
Suppos'd to content themselves long to sit still ; whils't they see the 
Country round about them ^ fil'd with hostility, rapines, fire and Sword. 
Besides the Opportunitys that are thereby given to any among them, 
that may be false or corrupted, of communicating Intelligences and 
conveying Supply's to the Enemy, by meanes of their frequent Inter- 
course with Canada.' The Consequences of Losing them would be 
fatal to Her Ma'^' Interests on this Continent. 

You are to give his Lord" to understand That we are made Certain, 
The French are continually Caressing, and by Gifts and other Methods 

' These words in Italics are underscored in the original report. 



u 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 114, 115.] 



strenuously Labouring to debauch and bring them over to their side, 
and have their Missionary Priests and Jesuits constantly instilling their 
bigoteries in Religion, SoUiciting them to Inbib their poysonous Doc- 
trines and modes of Worship, set forth with outward Lustre and pleas- 
ing to Sense ; which if they prevail upon 'em to Embrace, will perfectly 
fix them in their Interests. 

It is the Policy of the French King Expressly to Command his 
Governo'' of Canada to keep all things quiet on the side of Orange ; 
which he say's he has strictly Observed, as we have seen by his Letter 
to the Governo"' of Port-Royal, happily Intercepted. It seem's the 
most probable way, of Counterworking his profound Uesigne therein to 
put the Indians upon acting hostilitys against the French, whereby 
they will become Obnoxious to them, and be the more easily steady'd 
and fix'd in Her Ma'^' Interests. 

You are, with greatest Instance to Urge the aforegoing Considera- 
tions upon his Lord" with such further arguments as may occur to you, 
on the debate of this affair, to prevail with his Lord*" to consent and 
Allow of their taking up Armes and Acting offensivly in the present 
War. 

Having press'd this affair with his Lord^ so far as with decency you 
may, you are to take Leave and prepare for your return with what 
dispatch you can. 

Elisha Hutchinson in the name of the Coiiiitte 
\_Passed * February 23. 



CHAPTEE 114: 



ORDER FOR TAKING UP A SLOOP IN DEFENCE OF ^ COAST. 



Legislative 
Records of the 
Council, viil., 
419. Mass. 
Archives, 
Ixiii., 94. 



Upon credible Information of a Privateer Sloop seen off Cape Cod, 
on Wednesday the 16"" Curr' by a Vessel arrived yesterday at this Port, 

Ordered That a sutable well Sayling Vessell be forthw"" Taken up 
on Her Ma'^^ Service, Equipp'd and fitted up in warlike manner for 
the Defence of the Coast, until ^ the Province Galley be fitted out. 

And that his ExcelF^ the Governo'' be Desired to give the necessary 
orders accordingly. To Commissionate a Sutable Commander, and En- 
force her with fifty men. 

M"" Commissary General Captain Charles Chambers & Captain Thomas 
Hutchinson to be a Committee to make luquirj'^ and pitch on a proper 
Vessell for that occasion. \_Passed February 23. 



CHAPTER 115. 



Legislative 

Records of the 
Council, viii., 
420. Mass. 
Archives, 
Iviii., 267. 

Sewall's 
Diarv, ii., 216- 
218, 257, 265. 
Sewall's Let- 
ter-Book, i., 
379-381, 388. 



ORDER ABATING IMPOST DUTY UPON A CARGOE OF BIBLES &c. 

Ordered That the Duties of Impost upon a Cargoe of Bibles, & Paper 
Ac lately Arrived here from the Hon'''^ the Company for Propagating 
the Gospel in New England & Parts Adjacent in America, be Remitted 
& Abated. [^Passed February 23. 

1 There is a stroke of the pen partly through this word — probably accidental. 



■[3d Sess.] Province Laws {Resolves, etc.), — 1708-9. 45 



CHAPTER 116. 

VOTE DESIRING WAIT WINTHROP & JOHN LEVERET ESQ^s TO BE MES- Legislative 

SENGERS TO NEW YORK. Records of tlie 

Council, vili., 
4-20. Mass. 

Voted That the Hon'"' Wait AVinthrop & John Leveret Esq" be De- Arciiives, iii., 
sired to Undertake the Journey to New-York as Messengers from this 



Court. \_Passed February 23, f^/tl :^: g; 



CHAPTER 117. 

RESOLVE IN MEDFORD AFFAIR RELATING TO M" WOODBRIDGE. 

Resolved That the proceedings had in a Town Meeting held at Med- Legislative 
ford within the County of Midd"" the 6"' of Dec"" past, Complained of council', vm.!^ 
by sundry of the Inhabitants. Viz' of the Moderators puting m"^ AVood- Archi^'\^\i 
bridge to Vote for the calling of him to preach there, and m"" AVood- 284. 



CHAPTER 118. 

VOTE ON PROPOSAL REFERRING TO SHERBURN & FRAMINGHAM. SEE Legislative 
Y'^ 17 FAMILIES ANNEXED TO FRAMINGHAM BY A CLAUSE IN Y^ TAX Records of the 
BILL ANNO 1709. [Passed Fehrriary 2S. 419!^"Mass"^'' 

Archives, 

[^Printed with resolves, orders, etc., '■^granting lands, establishing pre- ^^"'•' ^'' 

cincts and parishes, and determining territorial boundaries, "'\ .4w«e, chap. 23. 



CHAPTER 119. 

ORDER FOR ADVERTISEMENTS RESPECTING THE SCAB AMONG Y^ SHEEP. 

This House being inform'd of an infectious Disease call'd the Scab ^^f'^.lff'^^ . 
brought from beyond Sea among the Sheep belonging to some of the Counc'ir, viii., 
Islands & Necks of Land in or near Boston ; Archi^^es^^i 68 

Ordered That Avertisements thereof be Imprinted, & sent, to the — ^ — ■ 

Severall Towns of this Province, That all Persons may be Advised of, 
& Endeavour to Prevent the Spreading of so great a mischief. 
In Council. 

Read and coucurr'd. \_Passed February 25. 

* MS. mutilated. 



46 



Province Laws {Resolves, etc.). — 1708-9. [Chaps. 120-122.] 



CHAPTER 120 



VOTE ACCEPTING REPORT OF V COMM^ee RESPECTING THE PLATFORMS 

AT Y^ CASTLE. 



Legislative 
Records of tlie 
Council, viii., 
422. Mass. 
Archives, 
Ixxi., 493. 

Ante, chap. 106. 
Legislative 
Records of the 
Council, viii., 
421. 



The following Report of the Committee for Viewing the Plat forms 
at her Majesties Castle William, Accepted by the House of Represeut""-' 
Read & Concur'd; Viz, 

Pursuant to an Order of the Gauarall Court : dated febrvary the 
16: 1708: The Commitee therein mentioned went to Castle William 
and then and theire viewed y'' Lower Platform at the Lower Baterj' 
and find that the westermost part of s"* Platform reaching 92 foot in 
Length where the Lighter Guns stand may do for Seurall years with 
Little or no repaireations : and for the rest of the s'^ Platform it being 
Laid with Pine planke and Sleepers which are much decaid and haue 
no good foundation so that it is sunke from it's Leuel the Commitee 
Judge that it will be most for y" profit of the Prouince to Lay the same 
a new with white oak plank and white oake sleepers : and to Lay it on 
such a fondation (of timber) ^ as the Commity for that afaior shall 
thinke fitt 

Ephr : Hunt in the Name of the Commit*^ 
[^Passed * February 25. 



CHAPTER 121. 

ORDER FOR A HEARING ON DUXBURY & MARSHFIELD PETITION IN 
REGARD TO THE ROAD OVER JONES'S RIVER. 



Legislative 
Records of the 
Council, viii., 
422. Mass. 
Archives, 
cxiii., 503. 

Mass. 
Archives, 
cxiii., 500, 504 ; 
cxxi., 133, 134. 
Winsor's 
History of 
Duxbury, p.31. 



A Petition of the Towns of Duxboro & Marshfield, Praying that 
the ancient Road or High Way over the River call'd Jones's River, 
within the County of Plimouth, may be restored & continued, with the 
Order passed thereon iu the House of Represent"'^' Read and Concur'd ; 
Viz., 

Ordered That the Justices of Quarter Sessions in the County of Plym- 
outh & Barnstable be served with a Copy of the Petition, & be heard 
before this Court on the second Wednesday, of their Session in May 
next, to answer the Complaints therein. [^Passed * February 25. 



CHAPTER 122. 



ORDER FOR ABATING IMPOST OF RUM TO CPT: TEATE. 



Legislative 
Records of the 
Council, viii., 
422. Mass. 
Archives, 
Lxiii., lOG. 



Ordered That the Duties of Impost upon Three Hogsheads of Rum, 
lately Taken by Capt: Tate, & belonging to him, in a ship whereof 
John Welch was Coinauder be abated. \_Passed February 25. 

1 Words in parenthesis were inserted in the margin. 



[3d Sess.] Pkovince Laws {Resolves, etc.). — 1708-9. 47 

CHAPTER 123. 

ORDER FOR CONTINUING HEARINGS &c. 

Ordered, That all Petitions, Hearings and other matters referr'd to Legislative 
this Session, or having day therein, be Adjourn'd and further Con- coumuf, viii.,* 
tinned to the next Session of this Court, and stand to the same days ^^J- .^i^iss. 
thereof. \_Passed February 26. xiviii., 393. 



CHAPTER 124. 

ORDER REFERRING TO THE ASSESSOR OF TIVERTON. 

In the Case of Tiverton referring to the Imprisonment of Richard Legislative 
Borden as Assessor of that Town for not Assessing their Quota of coundf, viu.,^ 
Two Hundred Pounds set on them by this Court to the Tax now in ^rchiv'es*^' 
Collecting offer being made to pay into the Treasury One Hundred & cxiii., 486. 
seventy Pounds thereof. So that Borden the Prisoner be discharged. Mass. 

Ordered That upon the Tender of One Hundred and Seventy pounds cxm^^^TS 
forthwith to the Treasury, the Treasurer receive the same and Direct 477-479. 
the Discharge of the prisoner. Leaving the remaind"" of the said Sum Kefordfof the 
of £200. to the Direction of this Court to be Collected ; Unless upon 4i-""Executive 
Application from the Town this Court see cause to remit or abate it. Records of tiie 

The whole Sum of £.200. to be apportioned on the Inhabitants pur- Council, iv., 
suant to the Treasurers A¥ arrant formerly sent to the Select men or 
Assessors, And upon return made to the Treasury that it is so done, 
The Treasurer is Ordered to make out a Warrant for the present Col- 
lecting of £.170. onely, for the reimbursing of him or them, who shall 
now advance and pay the same into the Treasury. \_Passed Febru- 
ary 26. 



CHAPTER 125. 

RESOLVE ALLOWING £.5, TO M« JOHN WHITE. 

Resolved that the Sum of Five Pounds be allowed & paid out of the Legislative 
publick Treasury to John AVhite Clerk of this House, for extraordinary councif, vUi!!^ 
Service, & Expence for the House. [^Passed February 26. 423. 

Ante, chai3. 97. 



CHAPTER 126. 

RESOLVE ALLOWING £.23 „ 19,,-, TO THE OVERSEERS OF THE POOR IN 

BOSTON. 

Resolved that the Sum of Twenty three Pounds & nineteen Shillings Legislative 
be allowed & paid out of the publick Treasury to the Overseers of the councif vm!^^ 
Poor in the Town of Boston, to discharge their Accompt presented for 423. 
Entertainment of Warner Cox & Smart, & Cloathing for Smart, to the 
twelfth of February Currant, All on the Province Accompt. \_Passed 
February 26. 



48 



Pkovince Laws {Resolves, etc.). — 1708-9. [Chaps. 127-130.] 



CHAPTER 127. 



RESOLVE ALLOWING £.10, TO NATHAN SYMONS. 

ReflrKlthe Resolvecl That the sum of Ten Pounds be allowed & Paid out of the 
Council, viii., publlck Treasury to Nathan Simons the Petitioner ; in full for his Cure 

428 IVIrss r 

Archives," Smart &c^. [Passed February 26.^ 

Ixxi., 494. 



CHAPTER 128. 



Legislative 
Records of the 
Council, viii., 
423. Mass. 
Archives, 
Ixxl., 486. 



RESOLVE ALLOWING £.6, TO JON^ MARSH. 

Resolved That the Sum of Six Pounds be allowed & Paid, out of 
the Publick Treasury to Jonathan Marsh the Petitioner, in full for 
his Smart, &, losse of time. \_Passed February 26.^ 



CHAPTER 129. 

RESOLVE ALLOWING £.8, TO JOHN BRAGG. 

Refords'of the Mesolved That the sum of Eight Pounds be Allowed & Paid out of 
4^""Mas'8"*'' ^^® publick Treasury to John Brag the Petition"" in full for his cure, & 
Archives, ' losse of Time. [Passed February 26.^ 

Ixxi., 488. ^ 



CHAPTER 130. 



Legislative 
Records of the 
Council, viii., 
424. 

Executive 
Records of the 
Council, v„ 37. 



RESOLVE ALLOWING £.200, FOR FURNISHING Y^ POWDER HOUSE. 

Resolved that a Sum not exceeding Two Hundred Pounds be allow'd 
& paid out of the publick Treasury for Furnishing^ the Powder House. 
[Passed February 26. 

' In Legislative Records of the Council, viii., 423, this resolve appears as follows: 
" Resolved that the Sum of Ten Pounds be allowed & paid out of the publick Treasury to 
Nathan Symonds of Haverhill, in full for his Cure, Smart &c of a Wound received, when 
the Enemy attacked that Town in August past." 

In both copies of Legislative Records of the Council the name is spelled "Symons" as 
well as "Symonds," viz.. State Library copy, viii., 435; Secretary's copy, viii., 423, and his 
signature is "Nathan Simons," Mass. Archives, Ixxi., 494. 

2 In Legislative Records of the Council, viii., 423, this resolve appears as follows: 
*' Resolved that the Sum of Six Pounds be allowed & paid out of the publick Treasury to 
Jonathan Marsh of Salem, in full for his Smart & Loss of Time occasion'd by a Wound 
received in her Majesties Service." 

3 In Legislative Records of the Council, viii., 424, this resolve appears as follows : 
" Resolved that the Sum of Eight Pounds be allow'd and paid out of the publick Treasury 
to John Bragg of Ipswich, in full for his Cure, and Loss of Time by a Hurt received whilst 
in her Majesties Service at Casco Fort." 

According to the minute in the Executive Records of the Council, v., 37, it was at Saco 
Fort that Bragg was "hurt." In Mass. Archives, Ixxi., 490, a letter from Bragg's com- 
manding officer states that Bragg was crippled "at foort Mary at Saco." 

* This is clearly "furnishing," in both copies of the Legislative Records of the Council, 
i.e., the Secretary s, viii., 424, and the State Library's, viii., 435, but the word is no less 
distinctly "finishing" in the Executive Records of the Council, v., 37. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1708-9. 49 



CHAPTER 131. 

RESOLVE ALLOWING £.25,, 5„ 4, TO DISCHARGE THE ACC^ OF SEV'^'^ COM- 
MANDOS IN THE SERVICE IN AUGUST LAST. 

Resolved that the Sum of Twenty five Pounds five Shillings & four Legislative 
Peace be allowed & paid out of the publick Treasury to discharge the cbuncu^, vul^l^ 

Accompt of Expeuces of several Commanders in the Service in August ^^ 

last; Viz, Coll: Ephraim Hunt, Six Pounds twelve Shillings &. ten 
Pence, Major John Turner, Six Pounds twelve Shillings &, six Pence, 
Major Henry Somersby, Six Pounds, Cpt : Waiter Price, Forty Shil- 
lings, Cpt : Joseph Herrick Four Pounds. \_Pas8ed February 26. 



CHAPTER 132. 

RESOLVE FOR EMITTING THE SUM OF £.3000, IN BILLS OF CREDIT, AND 
PROVIDING A FUND TO MEET THE SAME.i 

Resolved That the Treasurer, be & hereby is, Ordered & Impowered, 
to Issue forth, & P^mit the Sum of Three Thousand Pounds of Bills 
of publick Credit on this Province, which are or shall be received into 
the Treasury, towards Payment, of the publick Debts, of the Province, Rlfords'^of the 
already Contracted, & the further growing Charge, for the Defence council, viii., 
thereof, for Supplying & Subsisting of the Province Galley, Forts, Archives, ci., 

Garrisons, & Forces, Raised & to be Raised, & Imploied, within the ^ 

Same, & AY ages, arising for their Service, for Payment, of Grants, ^n<e, chap. S5. 
Salaries & allowances, made, & to be made, by this Court, according 
to Such Draughts, as from time to time, shall be made upon him, by 
warrant or Order, of the Govern' by and with the advice, & Consent 
of the Council. And the s'^ Bills Shall Passe out of the Treasury, at 
the value therein expressed, eqvivalent to money, & shall be Taken 
& accepted in all publick Payments, at the Advance, & after the Rate 
of five Pounds ^ Centum more. 

And That the Duties, of Impost, & Excise, shall be a Fund, & secu- 
rity, for the Repayment, & Drawing in of the s*^ Bills, to the Treasury 
again. So far as that will Reach. 

And as a further Fund, & Security, for the Same, for the Paying 
of Souldiers wages, & for, Defreying, of the further necessary grow- 
ing charge, of the Province, the Defence of her Majesties Subjects, 
& Interests, within the Same, & Support of the Government thereof, 
there be, & hereby is Granted, unto her most Excellent Majesty, to 
the Ends and uses afores'^ a Tax of Three Thousand Pounds, to be 
Levied on Polls, & Estates, both Reall & Personall, within this Prov- 
ince according to Such Rules, & in Such Proportions, upon the Severall 
Towns & Districts, within the Same, as shall be Agreed on & Ordered, 
by the Great & Generall Court or Assembly of this Province at their 
Session in May anno 1711. To be paid in to the Treasurer, on or before 
the last day of May 1712. [Passed February 26. 

' Printed in the notes to the Acts of the year 1708-9, Province Laws, i., 635 ; reprinted 
here, as important. 



50 



Province Laws (^Resolves, etc.). — 1708-9. [Chaps. 133-135.] 



CHAPTER 133. 



ORDER DESIRING JN" HIGGINSON ESQ^ TO GO TO YORK IN CASE EITH^ 
OF Y^ COMMISS^s DECLINE &c. AND ALLOWING £.100, TO THE COM- 
MISSK«. 

Recordfofthe Ordered That If either [of] the Commission" nominated by this 
Council, viii., Coui't to attend his ExcelP^ the Lord Lovelace at New-Yorke shall De- 
Archiv^est^'ii., cline that Service, or be prevent*^ of undertaking the same That John 

^2^ Higginson Esq'' be Desired to Supply his place. 

^7ii!e, chap. 116. And that the Sum of One Hundred Pounds, be Advanced to them 
out of the Treasury towards their charges and Expence. \_Passed Feb- 
ruary 26. 



Legislative 
Records of the 
Council, viii., 
425. Mass. 
Archives, 
Lxiii., 107. 

Ante, chap. 90. 



CHAPTER 134. 



ORDER FOR A COMM^™ TO AGREE FOR VICTUALLING Y= PROVINCE 

GALLEY. 

Ordered That Capt : Chambers, M'' Barnes & Capt : Hutchinson, be 
a Coinittee, to Agree with the Capt" of the Province Galley, for his 
victuelling of the s'^ ship pursuant to a vote of this House Pass'd the 
5tii qI ^qy Iq^q^^ [Passed February 26. 



CHAPTER 135. 



PUBLICK FAST APPOINTED. 



Legislative 
Records of the 
Council, viii., 
423. Executive 
Records of the 
Council, v., 33. 



A Message from y*^ House to pray that a Gen" Fast may be ap- 
pointed. 

A Proclamation for a General Fast, upon Thursday the 24* of March 
currant, at the Motion of the Assembly in their last Session, was read, 
^n«e, chap. 86. Advised to and signed by his Excellency. l_Passed March 2. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1709-10. 



[51] 



LEGISLATIVE LIST^ 



I 7 09- I o 



His Excellency JOSEPH DUDLEY, 

Captain-General and Governor-in-chief, etc. 

ISAAC ADDINGTpN, Esq., 
secretary of the province. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Projorietors of Lands ivithin the Territory formerly called 
the Colony of the Massachusets Bay; 



Wait Winthrop 
John Hathorne 
William Brown 
Elisha Hutchinson 
Samuel Sewall 
Isaac Addington 
John Phillips 
Jonathan Corwin 
John Foster 



Peter Sergeant 
Penn Townsend 
John Appleton 
John Higginson 
EsQRS. Andrew Belcher 

Samuel Patridge 
Edward Bromfield 
Ephraim Hunt 
Daniel Epes 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly called 
the Colony of Neio Plimouth; 



Isaac Winslow 
John Cushing 



ESQRS. 



Nathaniel Payne 
John Otis 



I ESQRS. 



Of the Inhabitants of or Proprietors of Lands ivithin the Territory formerly called 
the Province of Mayne; 

Eliakim Hutchinson, Ichabod Plaisted^ & John Wheelwright, Esqrs. 

Of the Inhabitants of or Proprietors of Lands ivithin the Territory lying between 
tJie River of Sagadahock & Nova Scotia; 

Joseph Lynde, Esq. 

» Plaisted's name is not subscribed to the qualifying oaths. 
[53] 



54 Province Laws (Hesolves, etc.) . — 1709-10. [Representatives.] 

For the Province., at large : — 
John Walley & Nathaniel Norden, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
May 25, 1709 to April 25, 1709-10. 



Mr. JOHN CLARK, Speaker. 



County of Suffolk. 
. „ John Clark, Esq., 
Mr. James Barns, 
Capt. Thomas Hutchinson, 
Capt. Thomas Fitch. 
. , Mr. William Dennison 

. Mr. Hopestill Clap. 

. Mr. George Sumner. 

. Capt. John Mills. • 

. Capt. Stephen French. 

. Mr. John Fuller. 

. Mr. Henry Adams. 

. Josiah Chapin, Esq. 

. Mr. Robert Ware. 

. Mr. John AVinchester. 

. Samuel Thaxter.' 

County of Essex. 

, . Josiah Wolcott, Esq., 
Capt. John Brown. 

. . Nehemiah Jewett, Esq., 
Mr. Nathaniel Knolton. 
Lynn, . . . John Burrill, Esq. 
Marblehead, . Mr. Richard Trevott. 
Beverly, . . . Mr. Samuel Balch. 
Wenham, . . Mr. William Fiske. 
Topsjield, . . Mr. Tobijah Perkins. 
Andover, . . Mr. John Aisleby. 
Bradford, . . Capt. Richard Kemball. 
Haverhill, . . Mr. James Saunders. 
Boxford, ... . Mr. Thomas Pearly. 
Botvley, . . . Mr. Ezekiel Jewett. 
Newbury, . . Mr. Cutting Noyes. 
Salisbury, . . Mr. Joseph Eaton. 
Amesbury, . . Mr. William Fowler. 
Olocester, . . Mr. James Davis. 

County of Middlesex. 

Cambridge, . . Capt. Thomas Oliver. 
Charlestown, . Capt. Samuel Phips. 



Boston, . 



Roxbiiry, 

Dorchester, 

Milton, . 

Brantrey, 

Weymouth, 

Dedham, 

Medfield, 

Mendo7i, . 

Wrentham, 

Brookline, 

Hingham, 



Salem, 



Ijiswich, . 



County of 

Wateriow7i, . . 

Newtown, . . 

Sudbury, . . 

Marlboro, . . 

Sherburn, . . 

Framingham, . 

Orotton, . . , 

Concord, . . . 
Chelmsford, 

Billerica, . . 

Woburn, . . . 

Beading, . . 

Maiden, . . . 



Middlesex — Concluded. 
Mr. Samuel Biglow. 
Mr. John Ward. 
Mr. John Ilaynes. 
Mr. Peter Rice. 
Mr. Samuel Bullard. 
Capt. Joseph Buckminster. 
Mr. John Farnworth. 
Mr. Benjamin Whitemore. 
Mr. Stephen Pierce. 
Mr. John Sterns. 
Mr. John Pierce. 
Mr. Timothy Wiley .^ 
Mr. John Greenland. 



County of Hampshire. 

S2)ringfield, . John Pynchon, Esq. 



Northampton, 
Westfield, 
Suffield, . 
Enfield, . 
Hadley, . 
Hatfield, . 



. Mr. Ebenezer Pomroy. 
. Mr. Stephen Kellogg. 
. Mr. Jonathan Taylour. 
. Mr. Samuel Terrey. 
. Mr. Daniel Marsh. 
. Mr. Eleazur Frary. 



County of Plimouth. 



Plimouth, . 
Scittcate, 
Marshfield, . 
Duxborough, 
Bridgewater, 



James Warren, Esq. 
Mr. Samuel Claj^p. 
Mr. Nathaniel Winslow. 
Mr. Samuel Seabury. 
Mr. Edward Fobes. 



County of Barnstable. 



Barnstable, 
Sandwich, . 
Yarmotith, 
Eastham, 



Bristol, . 
Taunton, 



Mr. Sanmel Chipman. 
Mr. Samuel Prince. 
Mr. Zechariah Paddock. 
. . Mr. John Payne. 

County of Bristol. 

. . Mr. Nathaniel Blagrove. 

. . Mr. Robert Grossman. 



list. 



» He was sworn, und his election is shown by the town records, but his name is not in the Secretary's 
t. 
!" Erroneously entered " Whitten," in the Secretary's list. 



[Representatives.] Province Laws {Resolves, etc.), — 1709-10. 



55 



County of York. 
. . Abraham Prebble, Junr. 
. . ]Mr. Nicholas Gowing. 

Nantucket. 
James Coffin, Esq. 



County of Bristol — Concluded. 

Swanzey, , . Mr. Ephraim Pierce. York, . 

JRehoboth, . . Mr. Daniel Smith. Kittery, 

Attlebord, . . Mr. David Freeman. 
Little Compton, Mr. William Fobes. 
Tiverton, . . William Manchester.' 
Dartmouth, . . Joseph Tripp.* 

Dukes County. 

Chilmark, . J Major Benjamin Skiffe. 
Tisbury, . N 

1 In the town records there is a slip of paper attached by the town clerk giving the name of W"" Man- 
chester as deputy. He was sworn, as appears by his mark to the qualifying oaths, and his election is 
shown by the town records, but his name is not in the Secretary's list. 

a 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. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON THE Twenty fifth Day of May, A.D. 1709. 



CHAPTER 1. 

ORDER FOR EXCHANGING OLD BILLS FOR M^ SAM'^i- PHIPS. 

Ordered that the Treasurer be directed to receive of Cpt : Samuel Legislative 
Phipps Six Ten Shilling Bills of Credit on the late Colony of the councif, viii.,^ 
Massachusets Bay, Which have been Endorsed & pass'd out by the ^ 



said Treasurer, And give him the like Value in Bills of Credit on this pos«, chap. 4. 
Province. \_Passed May 27. 



CHAPTEE 2. 

RESOLVE FOR AN ADDRESS TO THE QUEEN RESPECTING THE EXPE- 
DITION INTENDED AGAINST CANADA. 

Her Majesty having been Graciously pleased to project and Order Legislative 
an Expedition to be fitted out with Shipping and Land Forces from cou^cff ^^iii^^ 
Her Ma'^"' Kingdom of Great Britain for the Security of Her Subjects 433. Mass. 
in these Northern Plantations in America from the Neighbourhood cv^iii.,^67^' 
of the French at Canada ; which hath been very troublesom to them ^jj^gg 
of late year's. — And by Her Royal Letters to the respective Govern- ArcWves, 
ments of the several Provinces and Colonies, Commanded them to be iii;'ixxi^, 566. 
Assistant to the said Expedition in such manner as Her Ma'^ has i*^^*®'i^*^"^i'^, 

' . ti,<.TT-r-. 1 Records ot the 

been pleased to Direct. And tor their Encouragem* hath of Her Royal Council, viii., 
Bounty Ordered that the Troops to be raysed for the said Expedition Executive^ '"^" 
within the said Provinces and Colonies be fitted out with armes & am- Records of the 
munition and other Warlike provisions of Her Ma'->'^ Gift; And to be 46,48,^5-], .o3,o4, 
in readiness with Transports for their Embarcation by the middle of 5^' 111/^ eV^*"' 
this instant May, upon the arrival of the Fleet from England. Ms, 61 bi'$, 62, 

Her Ma'y^ Commands aforesaid arriving in the Vacancy of the Gen- ^*" 
eral Assembly, and the time for preparation being so short; It was 
Impracticable for his ExcelP^ to have their Advice therein, before this 
present Session, but in the Interim had Ordered the Detaching of nine 
Hundred Effective men to stand ready in their respective County's, at 
a minutes warning for Her Ma'^' Service, as is intimated in His Ex- 
cell'^y^ Speech 

Resolved, That this Court will humbly Address Her Majesty with 
their Thankful Acknowledgments of so extraordinary a Favour, In 
Her Ma'^^ pious care for, and princely Regard to the Security and pros- 
perity of Her Subjects in these Her Foi-eign Plantations. 

Resolved and Consented That when the Shipping and Laud Forces 
from Great Britain shall ai'rive, the aforementioned Quota of nine 

[57] 



5S 



Province Laws (Besolves, etc.). — 1709-10. [Chaps. 3,4.] 



hundred men besides Comission-Officers — be Embarqued on our own 
Transports to Serve as auxiliary Troops, in the aforesaid Expedition 
to Canada. 

In firme Confidence That the Encouragement proposed and assurance 
Given in Her Ma'-*" Name, by the Hon'*"' Colonel Nicholson and CoP 
Vetch in their Pi'oclamation set forth the ninth of May currant are 
agreeable to Her Ma'-^' Instructions, and will be Observed accordingly ; 
Especially, That the Troops rays'd within this Province to Serve in the 
said Expedition shall be under the next immediate Command of their 
own proper Officers during the same ; And so soon as the Expedition 
is over shall all return to their respective homes ; over and above the 
benefit of the other Encouragements offered in the said Proclamation. 

Resolved That a Sufficient number of Ships and Vessells for Trans- 
ports and Hospitals to Serve in the said Expedition be forthwith 
Equip'd, and made ready. And that Chaplains Physicians Chyrurgions 
and Pilots be forthwith procured and provided for the said Expedition : 

Resolved That four or five months provisions at the accustomed 
allowance for the Subsisting of the said Troops, and such number of 
Saylors as are necessary for the Transports and Hospitals ; with a Sut- 
able Supply of Cloathing for the Troops and Sailors, Medicines and nec- 
essaries for the Sick and wounded be forthwith provided and made 
ready. \_Passed May 30. 



CHAPTER 3. 

RESOLVE FOR ALLOWING 8V PER DAY FOR BILLETTING SOLDIERS, &c. 

Recordfof the Upon CONSIDERATION of the Deamcss of Provisions at this Season, 
Council, viii., And that it is hoped to be but a short Time, & the Necessity of the 
Archives^,^' Soldicrs for the present Expedition being quarter'd near together, 
ixxi., 515. ^ accomodated with convenient Lodging for the Preserving of their 

Post, ciiap. 170. Health ; 

Resolved That for this extraordinary Occasion, & on the aforemen- 
tioned Considerations, There be Allowed, eight pence a day ^ man 
for billet, during their Lodging in the Towns, from the time of their 
General muster, and being drawn out of their County s. 

And That, pro lidc vice, they be Qvartered on private families, at the 
Direction of the Select men, not exceeding Two, to a Family (without 
y'^ Consent, of the master, or mistrisse of Such family) as well as in 
publick licensd Houses, any law or usage to the contrary notwithstand- 
ing. \_Passed 3Iay 30. 



CHAPTEE 4. 



ORDER ALLOWING EBEN« LOWLE TO EXCH^ TWO COLONY BILLS OF 

CREDIT. 



Refords'of the Ordered that the Treasurer be directed to receive of Ebenezer Lowle 
Coiincii, viii., a Twenty &, Two Shilling Bill of Credit on the late Colony of the Mas- 

— sachusetts Bay (W'' are annex'd) &, deliver to him the same Sum in 

Ante, chap. 1. ye g^jg ^f Credit ou this Province. [^Passed June 1. 



£lsT Sess.] Province Laws {Resolves, etc.). — 1709-10. 59 



CHAPTER 5. 

ORDER APPOINTING A COMM'^^^^ ^0 SET OUT THE BOUNDS OF TISBURY Legislative 

AND OF INDIAN LANDS WITHIN THE TOWN. {Passed June 1. Records of the 

"• Council, viu., 

436. Mass. 

{^Printed loith resolves., orders, etc., '■'• granting lands, establishing pre- xxxi".?i' 

cincts and parishes, and determininq territorial boundaries."'] rr-—^^---^ 

-^ ' ^ -J . Posi, chap, 115. 



CHAPTER 6. 

ORDER, ON NATHi^i- HOBART'S PETITION, SUSPENDING EXECUTIONS OF 
JUDGMENT IN SUIT BETWEEN HIM & EBENEZER PROUT. 

The Petitioner^ Praying that there may be a Suspension of the Legislative 
Levying of an Execution upon a Judgement given against him at the coumff vuf'^ 
Suit of Ebenezer Prout under Consideration of this Court to Direct to a 436. Mass. 
Relief in Equity, Also an Execution upon a Judgement for him against ^y*^'"^***^' '^^•• 
the said Ebenezer Prout, Until his Case be heard & determined iu Equity p^^tTchanToT 
by this Court ; Mass. 

Ordered That the Praier of this Petition, be Granted So far as that, ^t?^'^""®' ""'•' 
the Levying of both the abovementioned Executions, be Suspended, 
untill the end of the present Session that both Parties may freely 
attend the Hearing, Granted them by this Court, & their Determina- 
tion thereon. [_Passed June 1. 



CHAPTER 7. 

VOTE FOR RESTORATION OF COLL: VETCH'S FINE &c. WARRt FOR 
COLL: VETCH ISSUED 11™ OF JUNE 1709. 

The following Message in Writing from the Represent''^' Viz, Legislative 

Upon a Motion from the Hon"^ Board referring to the Fine imposed coundf, vUl^^ 

by the Act of this Court in August 1706, on Samuel Vetch Esq'' & by ^'- Mass. 

him paid into the Treasury ; ixxi^i'520! 

Her Majesty having been pleased by her Order in Council of Sep- post, chap. 47. 

tember 24, 1707, to Disallow & Repeal the said Act, & to Order the Mass. 

Restoration of the said Fine upon Security first given to abide a new ^x'xii^yilk 

Trial ; Province 

Considering that the said Samuel Vetch Esq*" has been detain'd in chap. 20."' ' 
Great Britain by her Majesties especial Command when he was about 
to come over & give Security & receive such new Trial, Which has 
pass'd on an other concern'd with him in the Matters alledged against 
him, who was thereon acquitted ; 

Considering also that her Majesty has since been graciously pleased 
to grant her Royal Commission to the said Coll : Vetch & Intrust him 
with a Superiour Command in the present Expedition to Canada &c, 
This House are of Advice That his Fine & Cost of that Prosecution 
paid into the Treasury be restored : — 
In Council. 

Read, and Advised and Consented That a Warrant be made out to 
the Treasurer accordingly to restore the money received of the said 
Colo Vetch for his Fine and Cost of prosecution. \_Passed * June 2. 

1 Nathaniel Hobart. 



60 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 8-10.] 



CHAPTEK 8. 



ORDER FOR AN ADDITIONAL ALLOW^^ FOR THE HIRE OF TRANSPORTS 
FOR THE PRESENT EXPEDITION. 



Legislative 
Records of the 
Council, viii., 
438. Mass. 
Archives, 
Ixiii., 108. 

Pout, chap. 56. 
Legislative 
Records of the 
Council, viii., 
431. Executive 
Records of the 
Council, v., 56. 



In Consideration That the Vessels to be improved as Transports 
in the Expedition now Forming against Canada will demand a con- 
siderable Charge extraordinary to fit them for that Service, And con- 
sidering the Voyage is more hazzardous & will brobably damnify the 
Vessels much more than the ordinary Voyages of Transports, For 
which the present Establishment of Vessels hire is Calculated ; 

Ordered That the s*^ Transports, which are between fifty & one Hun- 
dred & Twenty Tuns, be paid after the Rate, of Six shillings, & six 
pence ^ Tun. 

And Such Vessels whose Owners, will not Fit them for the service, 
but necessitate the Publick, to be at that charge, & Trouble, Shall be 
paid according to the ordinary Establishment, formerly made & not 
higher. 

This Establishment, to be only for the present Expedition, & not to 
be drawn into Precedent for the future. \_Passed June 2. 



Legislative 
Records of the 
Council, viii., 
439. Mass. 
Archives, xl., 
981. 

Ante, chap. 6. 
Mass. 

Archives, xl., 
929, 930. 



CHAPTER 9. 



ORDER ON THE AFFAIR OF NATHi-i- HOBART & EBENEZER PROUT. 

Upon a Hearing had this Day between Nathaniel Hobart of Hing- 
ham, & Ebenezer Prout, by a Petition prefer'd to this Court by the 
s*^ Hobart ; 

Ordered That the Pef be referr'd to the next Superiour Court of 
Judicature, to be held for the County of Suffolk ; And that the Jus- 
tices of the s*^ Court Exainiu into y*' Judgements given in Law within 
y'' said Court against Each party respectivel}^ on y'= Forfeiture of Bonds 
and Chancer the said Forfeitures to the just Debt and Damages in 
Equity and good conscience. And yt y'' Levying of Execution on the 
Judgem'^ on either side & all other Proceedings in the law, referring to 
y^ s'^ Judgments, be suspended until y'^ End of y"^ said Superiour Court. 



\_Passed June 3. 



CHAPTER 10. 



ORDER ABOUT THE BRIDGE ON JONES'S RIVER. 



Legislative 
Records of the 
Council, viii., 
439. Mass. 
Archives, 
cxxi., 142. 

Mass. 
Archives, 
cxiii., 499, 505, 
506,507,508; 
cxxi., 131, 132, 
134, 136. 



In Council. 

In the Case of the Bridge over Jones River at Plymouth. 

The Council are of Opinion That the new place where the Court 
of Quarter Sessions have determined to Set the Bridge in, is most 
accommodable and beneficial in General for the Towns of Plymouth 
and Barnstable County & will be Supported with much less charge 
than the former Bridge ; And more convenient for Navigation. There- 
fore Confirm what the Sessions have done therein ; 

And the old Bridge and it's repair is left to the Consideration of this 
Court. 

Agreed to by the Representatives. \_Fassed June 4. 



[1st Sess.] Peovince Laws {Resolves, etc.). — 1709-10. 61 

CHAPTER 11. 

ORDER FOR PROVIDING COATS FOR Y'^ SOLDIERS. 

For the ENCorRAGEJiENx of the Non Commission Officers, & private Legislative 
Centinels that shall be Embark'd in the present Expedition, in the Pay counc*ii! vm!!^ 
of this Province ; 439. Mass. 

A-TClllVCS 

Ordered That a Coat not exceeding twenty Shillings in value be given ixxi., 521! 
to each of them, to be paid for out of the publick Treasury. 

And That M^ James Barnes, M" Nathaniel Blagrove, & Maj' Samuel 
Thaxter, be a Coihittee to Take care for the Providing them, at the best 
rate, and as expeditiously as may be, provided That his ExcelP^' Direct 
the Colour. \_Passed June 4. 



CHAPTER 12. 

RESOLVE ALLOWING £.-l„6„-, TO BE P^" TO FRANCIS HOLMES. 

An Accompt of a publick Dinner b}^ Francis Holmes Inn Holder for Legislative 
thirty two of the Councellours & Represent^'' on the eleventh of May coimc*if, vii£^ 

Instant, & Overplus Wine, Amounting in the Whole to Four Pounds ^^ 

six Shillings, Sent up from the Represent"' with the Resolve pass'd 
by that House thereon ; Read & Concur'd ; Viz, 

Besolved that the Sum of Four Pounds six Shillings be allow'd & 
paid out of the publick Treasury to the said Francis Holmes in Dis- 
charge of the Accompt above written. [Passed Jime 4. 



CHAPTER 13. 

VOTE ACCEPTING AND APPROVING THE TREAS^^ ACC^s. 

The following Vote pass'd in v" House of Represent""' "Was Read Legislative 

o /"I )i TT- i ./ 1 Records of tlie 

& Concur d ; Viz, Coimcii, xm., 

The Accompts of M"" James Taylour Treasurer & Receiver General ^ 

of this Province, Beginning the twenty sixth Day of May 1708, & Con- 
tinued unto the twenty fifth Da}' of May 1709, Amounting unto the Sum 
of Fifty five Thousand five Hundred forty four Pounds one Shilling & 
five Pence, Having been presented, & laid before the House of Repre- 
sent^*"^ and Inspected by the said House, By which it Appears there was 
standing out on the said twenty fifth of May, Of the several Assessments, 
Ten Thousand thirty three Pounds eight Shillings & two Pence, And 
in the Hands of the Commissioner for Impost, Five Hundred & forty 
Pounds to be drawn into the Treasury, And Eight Thousand six Hun- 
dred and ninet}' seven Pounds six Shillings & seven Pence, Province 
Bills of Credit Including the Five per Cent : as they were received by 
the Treasurer, to be further accompted for ; 

Voted that the said Accompts in the several Articles of Receipts & 
Pa3'ments therein mention'd, Amounting unto Thirty six Thousand Two 
Hundred sevent}' three l^ounds six Shillings & eight Pence, be & hereby 
are Approved & Allowed of. And the said Treasurer is hereby discharged 
of the said Sum of Thirty six Thousand two Hundred seventy three 
Pounds six Shillings & eight Pence. [Passed June 8. 



62 



Province Laws {Resolves^ etc.). — 1709-10. [Chaps. 14-18.] 



Legislative 
Kecords of the 
Council, viil., 
441. Mass. 
Archives, 
cxiii., 519. 

Post, chap. 72. 
Mass. 

Archives, xi., 
297-300; 

cxiii., ."jOg, bVi- 
r>\b, 518. 
Legislative 
Records of the 
Council, vii., 
82; viii., 440. 



CHAPTEK 14. 

RESOLVE FOR TWO NEW PRECINCTS IN TAUNTON, & A COMMTee tO 
SETT THEM OFF &c. [PassedJune 8. 

[_P7'inted ivith resolves, orders, etc., '•''granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTEK 15. 



Legislative 
Records of the 
Council, viii., 
442. Mass. 
Archives, 
Ixiii., 109. 



ORDER FOR A LARGE STORE SHIP FOR THE EXPEDITION. 

Ordered That a Ship of greater Force, & Bulk than the ordinary 
Transports, be Taken up for a storeship, in the present Expedition, 
& that She be Allowed eight Shillings ^ Tun, ^ month, (in case she 
Cannes fourteen great Guns, or more, well mounted, & fitted). \_Passed 
June 8. 



CHAPTER 16. 



RESOLVE ALLOWING £.66, REWARD TO CPT: WRIGHT & COMP^ FOR 

INDIANS SLAIN. 



Legislative 
Records of the 
Council, viii., 
443. Mass. 
Archives, 
xxxi., 56. 

Mass. 
Archives, 
xxxi., 55. 



Whereas Cpt : Benjamin Wright & Company have latel}^ made a 
March to Canada against the Indian Enemy, & have had the good Suc- 
cess to Kill (as they suppose) seven or eight of the said Enemy, One 
of whose Scalps they recovered & brought in ; 

Resolved That the Sum of Twelve Pounds, be Allowed & Paid, out 
of the Publick Treasury, to the S*^ Captain, & Six Pounds apiece, to 
each of the nine men, that were with him, in the s*^ Service, or those 
that legally Represent them, over & above their ordinary Wages ; In 
full Consideration, of their good Service afores''. \_Passed June 10. 



CHAPTER 17 



ORDER FOR RED INK SCROWLS THROUGH THE BILLS OF CREDIT. 



Legislative 
Records of the 
Council, viii., 
444. Mass. 
Archives, ci., 
360. 

Post, chap. 39. 



Ordered That the Thirty Thousand Pounds in Bills of Credit Directed 
by this Court to be Imprinted, be made with the whole Scrowle of red 
Inke through the body of the Bills ; the better to prevent Counterfeits. 
[Passed Jane 10. 



CHAPTER 18. 



RESOLVE FOR A PRESENT TO Y« GEN'^' OF V FORCES DESIGN'D FOR 

CANADA. 



Legislative 
Records of the 
Council, viii., 
444. Mass. 
Archives, 
lxxi.,525. 



Resolved, y' y*' Genr" of y^ Forces designed against Cannada when he 
shall arriue here from Great Brittaiue : Be presented for his Table with 
one pipe of wine Forty sheep. Ten shoats, & Two Hundred Fowles. 
\_Passed June 11. 



[1st Sess.] Province Laws {Ilesolves, etc.). — 1709-10. 63 



CHAPTER 19. 

VOTE ALLOAA'ING £.4, TO THE "WIDOW OF GEORGE STONE. Legislative 

Records of the 

Voted that the Sum of Four Pounds be allowed & paid out of the 444. 



publiek Treasury to the Widow of George Stone, her Husband being Mass. ' 

slain in her Majesties Service, and lost his Cloaths and Arms. [^Passed ^xi^^5i|'5i7 
June 11. 



CHAPTER 20. 

RESOLVE ALLOWING MARLBORO GALLEY 10/ ^ MONTH PER TUN. 

Resolved., to allow y^ Mallburrough Galley for y^ present Expedition Legislative 
to Canuada : Equipt with twenty Guns for y" defence of our stores &c ^Q^^pff yni^^ 
y*" sum of ten shillings <«» Tunn tp Moneth. [Passed June 11. 444. Mass. 

Archives, 
Ixiii., 110. 



CHAPTER 21. 

RESOLVE ON DORCAS PEGGY'S PETITION IN REGARD TO THE SALE 

OF LAND. 

Upon reading a Petition of Dorcas Pegge Relict Widow & Execu- Legislative 
trix of the last Will & Testament of Edward Pegge late of Boston cmmdf, vUil',^ 
Merch' Dec'^ Praying the Sence of this Court thereon and to Enable 432. Mass. 
her to make Sale of the House & Land for the Performance of the xvfi.,^228! 
Will & her own necessary & comfortable Support. ' 

On Consideration of the Will. — The whole Estate both Reall and 
personal being devised to the wife, who is also appointed sole Execu- 
trix and charged with the burden of paying all just and Lawful Debts, 
and Legacies according to the form & Effect of the Will ; plainly In- 
timates the Intent and meaning of the Testator to give the Fee to his 
Wife, and so She has a right to dispose of the Estate for her own com- 
fortable maintenance and Support ; And having actually paid the Debts 
and Legacies to the value of Four hundred pounds and Upwards, in 
part with her own proper mOney, She has a right as a purchaser. 

The Residue is only contingent, upon Supposition any part thereof 
be left at the Wifes death, that shall be spared over and above her 
comfortable Support ; There is no express Devise of the remainder of 
the Reall Estate. One of the residuary Legataries is dead, and the other 
hath actually received a Legacy of One Hundred pounds. 

Resolved That the Wife the Petitioner, has a right to dispose of the 
whole, if need be, for her Support and Maintenance, and performance 
of the Will, the Overplus at her death accruing to the Surviving resid- 
uary Legatary, And the Pef is Directed at present to dispose only of 
the Land divided from the Messuage by a new Highway laid thro, the 
same by the Town ; The Dwelling House and the remaining Land thereto 
belonging to be reserved, in case it can be spared. [^Passed June 14. 

f 



64 



Province Laws (Besolves, etc.). — 1709-10. [Chaps. 22-24.] 



CHAPTEK 22 



JjCgislative 
Records of the 
Council, viii., 
437. Mass. 
Archives, cv., 
54, 55. 



ORDER IMPOWERING JOSEPH PARKER TO SELL LANDS OF Y^ ESTATE 
OF RICHARD BLOOD DEC». 

[Upon reading] A Petition of Joseph Parker of Groton, Praying to 
be Impowered to make Sale of tlie Land of bis Fatber in Law Ricbard 
Blood late of the same Place Dec*^ to make him some Recompeuce for 
bis great Charge & Trouble to maintain Isabel Relict Widow of the 
said Blood, now of about a Hundred Years old, presented at the Ses- 
sion of this Court in May 1706, & Revived in May Court 1708, And 
then refer'd to the Justices of the Superiour Court to Cause all Per- 
sons concern'd to appear before them, And to Examine into the Matter 
of the said Petition, & Report thereon ; [and] 

The Report of the Justices being now Read ; Yiz, That they are of 
Opinion the Petition is reasonable & ought to be granted ; 

Ordered That the Prayer of the Pet'=°"'be Granted. Viz' That y'= FeV 
be and is Impowred to make Sale of y'' Land therein mentioned and to 
Execute a good sufficient and Legal Deed of Sale for y*" same for the 
End Inserted, in the Petition. \^Passed June 14. 



CHAPTER 23. 

RESOLVE CONCERNING JOHN HURD'S PETITION FOR CONFIRMATION OF 
LAND GIVEN TO HIM BY AN INDIAN. 



Legislative 
Eecords of the 
Council, viii., 
440. Mass. 
Archives, xlv., 
356. 

Mass. 

Archives, xlv., 
352, 354-355J. 



In Answer to the Petition of John Hurd of Harwich, Praying a con- 
firmation of his Title to a Parcel of Land, Containing Twenty Acres 
Ten of Upland, Ten of vSalt Marsh, lying at a certain Place called 
Setucket, within the Township of Eastham, given him & Deborah his 
present Wife by Deed from Aaron Feazy an Indian Native Propi'ietor 
in the Year 1686 : — 

Resolved That the Pef and his s*^ wife hold the said Twenty acres of 
Land to them their heires and assignes for ever ; Unless the Original 
Purchasers of that Township.to whome the General Court of Plymouth 
Granted License to purchase of the Indian Native proprietors, or their 
Descendants, shall pay to the said John Hurd and his wife such Sum 
of money in Lieu thereof as the said Land shall be valued at by the 
Judgement of JohnThacher and J otis^ Esq""' — within the space of one 
year next after such Valuation made. [_Passed June 14. 



CHAPTER 24. 

ORDER FOR IMPOWERING ANN FISKE & ANNA SHEPHERD TO SELL Y^ 
HOUSE & LAND OF M" MOSES FISKE DEC". 



Legislative 
Records of the 
Council, viii., 
445. Mass. 
Arcliives, 
xvii., 232. 

Mass. 
Archives, 
xvii., 233. 



Upon reading the Petition of Ann Fiske, Daughter & Executrix of 
the last Will & Testament of Moses Fiske late of Brantrey Clerk Dec** 
& of Anna Shepherd in Behalf of Shepherd & Margret Fiske Minors, 
Children of the said Moses Fiske, being also her Grand Children, Pray- 
ing that they may be impowered, (The said two younger Childrens 
Minority notwithstanding,) to make Sale of the Housing & Lands of 

' Written " Jotis." 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1700-10. QfQ 

the said Moses Fiske lying iu Brautrey afore said, & by him devised 
in & by his last Will unto his three afore named Children, Viz, Ann, 
Shepherd & Margaret, to be equally divided between them, The Hous- 
ing being very ruinous, And the Minors wanting Money to bring them 
up; 

Ordered That the Prayer of the said Petition be Granted ; And the 
s*^ Petitioners are hereby Authorized and Impowred to make Sale of 
the said Housing and Lands accordingly, And to Seal and Execute 
good and sufficient Deeds in the Law for the passing and confirming 
of the Sale or Sales that shall be so made, Two thirds of the purchase 
consideration to be paid for the same, to be Secured for the Use of the 
said Two minors ; And that Bond with Sureties be given accordingly 
to the Judge of Probate within the County of Suffolk, their parts to be 
Improved at Interest during their minority, the annual Income thereof 
to be Imployed for and towards their Education. \_Passed June 14. 



CHAPTER 25. 

ORDER FOR VICTUALLING THE PROVINCE GALLEY. Legislative 

Records of the 
Council, viii., 

Ordered That the Province Galley be victualled for the present Ex- 446. Mass. 
pedition, according to the ordinary Establishment, & as the Transports ^^xUvTfls. 
are victualled. l_Passed June 14. Pos< chap. 52. 



CHAPTER 26. 

RESOLVE FOR SETTING A PRICE ON PROVISIONS IMPRESS'D. 

Whereas upon the Arrival of her Majesties Commands for the pres- Legislative 
ent Expedition to Canada; The Governour & Council finding it uec- couuclf vm!'^ 
essary to secure a Quantity of Provisions for the Subsistence of the 446. Mass. 
Troops of this Province, & Sailors on Board the Transports to serve ixx^i.,^527.' 
in the said Expedition, And to the Intent that the Government might ' 

not be imposed on by Raising the Prices, And having an excessive 
Demand made on them, by Means of that publick and beneficial Occa- 
sion, Which otherwise would not have been. Directed & Impowered 
Andrew Belcher Esq"" Commissary General to provide, & take up 
several Species of Provisions for that special Service, by Warrant of 
Impress, (If not otherwise to be obtained) To be paid for out of the 
publick Treasury, at the Currant Market Prices the}^ were sold for 
the Day before the Notice of the said Expedition, Viz, Pork at Three 
Pounds per Barrel, or under, & Pease from Five Shillings to Five Shill- 
ings & six Pence per Bushell, Which said Species the said Commissary 
has accordingly in Part supplied him self with, by Purchase & Impress, 
& been constrained for some Pork to advance five Shillings more per 
Barrell ; 

Resolved That for what Porke and Pease he already has, or shall be 
necessitated to Impress for Her Ma'-^' said Service, to make up four hun- 
dred and fifty barrels of Porke in the whole. He do not exceed the price 
of Three pounds five Shillings for Porke ^ barrel ; And if any be taken 
out of Vessells, Laden for Exportation at the time of Laying the Em- 
bargo ; (when it was Sold for Three pounds) he pay five Shillings p 
barrel more, over and above three pounds for the same. In considera- 
tion of the charge of Lading and unlading thereof. 

Pease to be paid for only at the rates abovesaid. [Passed June 14. 



m 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 27-30.] 



Legislative 
Records of the 
Council, viii., 
446. Mass. 
Archives, 
cxiii., 4'J4. 

Post, chap. 111. 
Mass. 
Archives, 
cxiii., 490^93. 
Maps and 
Plans, 
xxxiii., 8. 



Legislative 
Records of the 
Council, viii., 
442. Mass. 
Archives, 
cxiii., 521, 522. 

Post, chap. 89. 
Mass. 
Archives, 
cxiii., 525. 



CHAPTER 27. 

ORDER FOR A HEARING ON PETITION OF THE TOWN OF HATFIELD 
RELATING TO THE BOUNDARY BETWEEN HATFIELD & HADLEY. 
\^Fassed June 14. 

\_Printed ivith resolves, orders, etc., ^^ granting lands, establishing pre- 
cincts and parishes, and determining territorial houndaries."'\ 



CHAPTER 28. 

ORDER ON THE PETITION OF SEV^^ INHABITANTS OF MARLBOROUGH 
IN REGARD TO COW COMMONS. 

Upon reading a Petition of Moses Newton & others Inhabitants 
& Proprietors of Marlborough, Complaining of the Towns Dividing 
& Allotting out the Cow Common in the said Town, Contrary to their 
Vote in their first Settlement, That it should ly in perpetual Common ; 

Ordered That the Pet" cause the Select men of Marlborough to be 
Served with a Copy of this Pet^"" And the Pet" and the Select men be 
heard thereon upon the first Tuesday of Court at their next Session. 
\_Fassed June 15. 



CHAPTER 29 



ORDER ACCEPTING THE ACCOMPT OF THE DISBURSEM^s IN BUILDING 
THE POWDER HOUSE, AND ALLOWING £.20, TO THE COMMITTEE. 



Legislative 
Records of the 
Council, viii., 
447. 

Post, chap. 130. 
Legislative 
Records of the 
Council, viii., 
435. 



The Accompt of Elisha Hutchinson Esq' &c, the Committee for 
Building the Powder House, of the Disburse of £.600, put into their 
Hands for that Use, Three Pounds nine Shillings & eight Pence thereof 
not being expended. And the Order pass'd thereon in the House of Rep- 
resent^*^^ Read & Concur'd ; Viz, 

Ordered that the Accompt be Accepted, And that the Thanks of this 
Court be given to the Committee above named for their good Service, 
And Twent}' Pounds be allowed them out of the publick Treasury over 
& above the Sum of Three Pounds nine Shillings & eight Pence remain- 
ing in their Hands. \_Passed June 15. 



CHAPTER 30 



RESOLVE ALLOWING £.32 „ 13 „ 8, TO WAIT WINTHROP AND JOHN LEV- 
ERET ESQ«» IN DISCHARGE OF ACC'' OF COMMISSK** TO YORK. 



Rscor'ds'onhe ^^ AccoMPT presented of the Expences of AVait Winthrop & John 
Council, viii., Leveret Esq" in their late Journey to New York in the Service of this 

—^ Province, Sign'd by the said M' Leverett, Amounting to One Hundred 

Executive' ^^' thirty two Pounds thirteen Shillings & eight Pence ; Whereof they re- 
Records of the ceived One Hundred Pounds of M' Treasurer at their Going out, And 
61. ' '' the Resolve pass'd thereon in the House of Representatives ; Read & 
Concur'd ; Viz, 



[1st Sess.] Province Laws {Resolves, etc.). — 1709-10. 67 

Resolved that the Sum of Thirty two Pounds thirteen Shillings & 
eight Pence be allowed & paid out of the publick Treasury to the Hon*"'" 
John Leveret Escf for the Discharge of the above Accompt. {^Passed 
June 15. 



CHAPTER 31. 

ORDER FOR A COMMtee foR PROVIDING PHYSICIANS & SURGEONS &c 

FOR THE FORCES. 

In the House of Representatives 

Ordered That M' Speaker, Capt : Fitch, M' Barnes, M' Denison, & ^|,?^^j.'|f^(®ti,g 
M' Blagrove, be a Coinittee, to Joine with Such as the Hon'''*' Board, coimcii, viii., 
Shall Appoint, to Provide Physicians, & Chyrurgions, to be Imployed, AreUh^es^" 
in the present P^xpedition & to Agree with them for their Reward, & ixxi., 52n.' 
in Supplying what shall be thought needf ull, for medicines & chirurgery. Post, ciiap. i38. 
In Council. 

Read and concurr'd, and Peter Sergeant, E'" Hutchinson and Edward 
Bromfield Esq" named of the Committee abovesaid ; And to sit from 
this time de Die in Diem. \_Passed June 15. 



CHAPTER 32. 

RESOLVE ALLOWING £.15, TO SETH POPE ESQB. 

Resolved That the Sum of Fifteen Pounds, be Allowed, & Paid out of ^|f^^'^g"^f ^i^g 
the Publick Treasury, to Seth Pope Esq'' towards the finishing of the council! viii.,* 
Meeting-House, lately Erected, in the Town of Dartmouth. \_Passed ^pw^eg^^^xi., 
June 15. 293. 



CHAPTER 33. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE COMMISSARY 
GENERALS ACCOMPTS. 

Boston June 15 : ITCQ. 

Pursuant to the Order of the House appointing us a Committee, Legislative 
to Examine, & Audit, the Accompts of Andrew Belcher Esq'' Coiiiis- council! vm!^* 
sary Generall : ^^- M'iss. 

We Attended the Said Service, & Examined his Accompts, from ix^xi."s28.' 
March 30* 1706, to Janu'^ 23"' ITOVr (his accompts before that time pos<, chap. 142. 
having been Pass'd by this Court) and find them right Cast, and well 
Avouch'd. And upon the 23* of Janu'^ I7OV7, there was due from the 
Province to the S** Comissary Generall to Ballance his Accompt the Sum 
of One Thousand Eight Hundred, fifty Six Pounds, Six Shillings, & 
eleven pence, halfe peny, as was Reported, by the Coinittee, appointed 
by the Hon*'''' Board to Examin the Same. The House reqviring 

our Attendance has Prevented our further Proceeding, at this time. 

Jos : WOLCOT. "j 

James Barnes I Comj^tee 
Tho : Fitch [ 
John Browne J 
Ordered That the above-Report, be Accepted. \_Passed June 15. 



GS 



Province Laws (Besolves, etc.). — 1709-10. [Chaps. 34-37.] 



CHAPTER 34 



Legislative 
Records of the 
Council, viii., 
448. Mass. 
Archives, 
cxiii., 496. 



ORDER GRANTING THE PETITION OF INHAB^s OF SPRINGFIELD IN RE- 
GARD TO LANDS FOR A NEW PLANTATION. [Passed June IS. 

\_Printed ivith resolves., orders, etc., '■'■granting layids, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



Legislative 
Records of the 
Council, viii., 
449. Mass. 
Archives, 
cxiii., 489. 

Post, chap. 102. 
Legislative 
Records of the 
Council, viii., 
431,448. 



CHAPTER 35. 



VOTE ACCEPTING THE REPORT OF THE COMM'^ee poR DIVIDING AN- 
DOVER INTO TWO PRECINCTS. [Passed June 15. 

\_Printed ivith resolves, orders, etc., '•'• granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 36. 



RESOLVE FOR ALLOWING HUGH PIKE £.10. 



Legislative 
Records of the 
Council, viii., 
449. Mass. 
Archives, 
Ixxi., bm. 



A Petition of Hugh Pike of Newbury wounded in her Majesties Ser- 
vice Anno 1707, And : still incapable of Labour, Praying some Relief, 
with a Resolve pass'd thereon in the House of Representatives, Read 

and Concur'd ; Viz, 

Post, chap. 139. Resolved That the Sum of Ten Pounds be Allowed, & paid out of the 
publick Treasury to Hugh Pike the Petitioner, for the year currant. 
[_Passed June 16. 



CHAPTER 37. 



Legislative 
Records of the 
Council, viii., 
450. Mass. 
Archives, 
Ixxi., .W8. 

Post, chap. 97. 
Mass. 
Archives, 
Ixxi., .TO9, 510. 



RESOLVE ALLOWING £.10, TO CPT : HUMPHREY HOOK. 

A Petition of Cpt : Humphrey Hook late Commander of Saco Fort, 
Praying an Allowance for Wages short paid him. Charges of Sickness, 
Posts, Medicines & Necessaries with Directions had of Doctor Brad- 
street, for the Sick & wounded in the GaiTison, with a Resolve pass'd 
thereon in the House of Representatives, Was Read & Concur'd ; Viz, 

Resolved That the Sum of Ten Pounds be Allowed, & Paid, out of 
the Publick Treasury to Humphry Hook the Petitioner, in full for all 
Dues, & Services express'd in his Petitiou, 

That Docf Broadstreet, be Directed, to Lay before this Court, his 
acc° of medicines sent to s'' Hook at Saco Fort, for the publick service. 

And that s*^ Hook be fully Discharged therefrom. \_Passed June 16. 



[1st Sess.] Province Laws {Hesolves, etc.). — 1709-10. 69 



CHAPTEK 38. 

RESOLVE ALLOWING £.20, IG, TO BENJ'^ ELLIOT. 

An Accompt of Benjamin Elliot Book Seller from Novem' 1707, to Legislative 
February past for the printed Laws for the Use of the Towns, Election C(Tun<'i'r, viii!!° 
Sermons, Paper & a Book for the Records of the General Assembly, ^»<j- Mass. 
All Amounting to Twenty two Pounds six Shillings, Whereof Thirty iviii., -ies.'seg. 
Shillings received. Rests Twenty Pounds sixteen Shillings for Bal- post, chap. 59. 
lance, With a Resolve pass'd thereon in the House of Representatives, 
Was Read & Concur'd ; viz. 

Resolved That the Sum of Twenty Pounds, & Sixteen shillings be 
Allowed & Paid out of the Publick Treasury, to y'' s*^ Benjamin Eliot, 
being the Ballance of his Ace" abovewritten. [Passed June 16. 



CHAPTER 39. 

ORDER FOR PRINTING THE ACT AGSt COUNTERFEITING BILLS. 

Ordered That four Hundred Copies, of the two first, & the last Para- Legislative 
graph, of the Act Intit'' an Act, against Counterfeiting the Bills, of council viii., 
Credit, on this Province, be forthwith Imprinted, & Sent, to the Select ArcW^^Y^ci 
men, in the Severall Towns, of the Province, where they shall be Posted 357. 



up, at least in two, of the most publick Places, in each Town. Ante, chap. 17. 

And if any Person, shall be Convicted, of Pulling down or Defacing, 
any Such copy. So posted up, he shall forfeit, «fc Pay, the Sum of forty 
shillings, one Moiety thereof, for the use of the Informer, the other 
Moiety, for the Poor, of the Town where It is posted up. \_Passed 
June 17. 



CHAPTER 40. 

ORDER ADDING M« ANDREW BOARDMAN TO THE COTslM^^^ FOR REPAIR- 
ING Y^ PRESIDENTS HOUSE. 

Ordered That M"' Andrew Bordman of Cambridge, be Added, to the f^egisiative 
Comittee, Appointed by this Court, the 5"' of Nov"" last, to Take care council, viii., 
for the Repair of the House built at Cambridge, for the use of the ^rchi^^es*^' 
President, of Harvard Colledge. \_Passed June 17. iviii., 270.' 

Post, chap. 66. 



CHAPTER 41. 

ORDER FOR THE ESTABLISHMt OF Y'^ WAGES OF FIELD OFFICERS. 

Ordered That the Wages, of the following Officers, in the Expedi- Legislative 
tion, now designed, to Canada, be as follow's viz' CouS v m!*,® 

451. Mass. 
To 2, Colonels, each ....... £,,.3,, 15.,-) Archives, 

To 2, L' Colonels, each „.3,, 10,, - ^ ^ week 'xxi., 531. 

To 2, Majors, each „.2„10„-J ' 

\_Passed June 17. 



70 



PiiOviNCE Laws {Resolves, etc.). — 1709-10. [Chaps. 42-44.] 



CHAPTEE 42 



ORDER FOR SUPPLYING TIVERTON WITH PREACHERS. 



Legislative 
Records of the 
Council, viii., 
451. Mass. 
Archives, xi., 
293. 



Ordered That the neighbouring ministers, be Desired, to Preach in 
their Turns, at Tiverton, untill the last of October next, or to procure 
the most Suitable Person, they can for the circumstances of that People. 
And That twenty shillings ^ week be Allowed, out of the publick Treas- 
i'os^, chap. 126. ury for that service. \_Passed June 17.^ 



CHAPTER 43. 



ORDER ON THO 



JOHNSONS PETITION FOR RELIEF BECAUSE OF PROP- 
ERTY BURNT BY THE ENEMY. 



Legislative 
Records of the 
Council, viii., 
451. Mass. 
Archives, 
xvii., 220. 

Mass. 
Archives, 
xvii., 221. 



Upon reading a Petition of Thomas Johnson of Haverhill, Setting 
forth That his Grand Father John Johnson having by Deed & also 
by his AVill settled the prime Part of his Estate upon the Petitioner, 
In the descent made by the Enemy upon Haverhill in the Year past. 
His said Grand Fathers House was burnt by the Enemy, & him self 
therein, and the afore said Writings, Praying Relief to be afforded 
him : 

Ordered That the within Petition be referred to the Justices of the 
Inferiour Court of Pleas within the County of Essex 

And that they be Impowred to send for all party's concern'd & others 
that may be able to give them Information ; And to Examin into the 
matters Set forth in the said Petition And to make their Report thereon 
to this Court at their next Session. \_Passed June 18. 



CHAPTER 44. 



RESOLVE FOR MAKING 



£.30000, IN BILLS OF CREDIT, £.25000, TO BE 
EMITTED.^ 



Legislative 
Records of the 
Council, viii., 
452. Mass. 
Archives, ci., 
358. 

Post, chap. 61. 
Mass. 

Archives, ci., 
3.55. Legisla- 
tive Records of 
the Council, 
viii., 443. 
Sewall's 
Diary, ii., 257. 



Resolved That the Sum of Thirty Thousand Pounds, of Bills of pub- 
lick Credit, on this Province, be further & forthwith Imprinted, One 
Thousand Pounds thereof to be Imprinted, on the Small Plate, fourteen 
Thousand Pounds thereof on the Middle Plate, & Fifteen Thousand 
Pounds on the large Plate. 

That Elisha Hutchinson, Samuel Sewall, Pen : Townsend & John 
Clark Esq" & Col : Samuel Checkley or any three of them be a Corn- 
ittee, for the making of the s"* Bills, who shall be under oath, for the 
faithfull management of the s*^ affair. 

And the Printer, of the s** Bills, shall be sworn, to a faithfull Per- 
formance, of that Service. 

That the s*^ Coiuittee deliver, the sum of fifteen Thousand Pounds, 
to the Treasurer, taking his Receipt for the same, & keep the remain- 
ing Fifteen Thousand Pounds, in their hands unsigned, untill further 

1 The following is appended as a note to the foregoing order : " June 18. 1709. The Con- 
sideration of past service Referr'd to next session." 

■■^ Printed in the notes to the Acts for the year 1709-10, Province Laws, i., 645; reprinted 
here, as important. This resolve was substituted for another resolve which had passed 
both houses, on June 9. 



[IsT Sess.] Province Laavs (Besolvefi, etc.). — 1709-10. 71 

order from this Court, who shall be Paid for, Indenting, Numbering, 
signing Trimming & Perfecting, the s'' Bills to the Treasurer one Hun- 
dred & fifty Pounds, & no more. 

And the Treasurer is hereby Directed, & Impowered to Issue forth 
& Emit, the s*^ sum of fifteen Thousand Pounds together with the sum, 
of Ten Thousand Pounds more, of the Bills, of publick credit, that are 
or shall be received, into the Treasury, towards payment of the pub- 
lick Debts, of the Province, already contracted, & the further growing 
charge for the defence thereof, for supplying & subsisting of the Pro- 
vince Galley, Forts, Garrisons, & Forces, raised, & to be raised, & 
Imploied, within the Same, & wages arising for their Service, Towards 
Defreying the charge of the present Expedition, to Canada (belonging 
to this Province) for Payment, of Grants Salaries, & Allowances, made 
& to be made, by this Court, according to Such Draughts, as from 
time, to time, shall be made upon him by warrant, or order of the Gov- 
ernor, by & with the Advice, & Consent of the Council, & the s*^ Bills, 
shall Passe out of y® Treasury at the value, therein expressed, eqviva- 
lent, to money, & shall be Taken, & accepted, in all publick payments, 
at the Advance ; & after the rate, of five pounds per centum more. 

And That the Duties, of Impost, & Excise, shall be a Fund, & Se- 
curity, for the Repayment, & Drawing in of the s** Bills, to the Treas- 
ury, again, So far as that will reach. 

And as a further Fund, & security, for the same, for the Paying of 
Souldiers, Wages, & for Defreying of the further necessary growing 
charge, of the Province, the Defence of Her Majesty's Subjects, & In- 
tei'ests within the Same, & Support of the Government thereof. There 
be & hereby is Granted, unto Her most Excellent Majesty to the ends, 
& Uses afores'^ a Tax of Twenty five Thousand Pounds, Four 

Thousand Pounds, thereof, to be levied, on Polls, & Estates, both 
reall & personal within this Province, according to Such Rules, & ia 
Such proportion upon the severall Towns, & Districts, within the Same, 
as shall be Agreed on, & ordered by the great & generall Court, or 
Assembly of this Province, at their session in May 1711, & P^ighteen 
Thousand Pounds thereof, at their Session, in May 1712, & Three 
Thousand Pounds thereof in May 1713. And Four Thousand 

Pounds thereof shall be paid in to the Treasurer, on or before the last 
day of May 1712, Eleven Thousand Pounds thereof on or before the 
last day of Novem' 1712, & Ten Thousand Pounds thereof on or before 
the last day of May 1713. [^Passed June 18. 



CHAPTER 45. 

RESOLVE ALLOWING £.250, TO HIS EXCY. THE GOV- 

Resolved That the Sum of Two Hundred and Fifty Pounds be Al- Legislative 
lowed, & Paid out of the Publick Treasury, to his Excellency Joseph c^unctf, vii^^ 
Dudley Esq"' Capt° Generall, & Governour, in chief of this Her Ma- 453 Mass. 
jesty's Province, for his Support, in managing the Affaires of the Gov- ccS., tI.^* 
ernment. \_Passed June 18. Post, chap. mi. 



72 



Province Laws (^Resolves, etc.). — 1709-10. [Chaps. 46-50.] 



CHAPTER 46. 

RESOLVE ALLOWING £.225, TO M^ TREAS« TAYLOUR. 

Rlford?of the Resolved That the Sum of Two Hundred, and Twenty five Pounds, 
Council, viii., be Allowed, & Paid out of the Publiek Treasury ; to M'' James Taylor, 
Archivest^' Treasurer of this Province for his Service, in the s*^ office, the year 
ccci., 73. ' past. \_Passed June 18. 



CHAPTER 47. 



RESOLVE FOR PRESENTING 



£.60, TO COLL SAM}-^ VETCH, 
TABLE. 



FOR HIS 



LegiBiative This House being sensible that the present Expedition, Which has 

Councu^ vUi!!^ SO hopef ul a Prospect of great Benefit and Advantage to this Province 
453. Mass. lias becu very much forwarded by the Hon'''" Coll : Sam" Vetch : 

A.rciiivGS 

ixxi., 533! Resolved That the Sum of Sixty Pounds be Presented to him out of 

Ante, chap. 7. the publick Treasury, towards furnishing his Table, in the s*^ Expedi- 
tion, as a thankfuU Acknowledgment, of that his extraordinary Service. 
In Council 
Read and ConcuiT'd. \_Passed June 18. 



CHAPTER 48. 



RESOLVE ALLOWING £.40, EACH TO THE JUDGES OF THE SUP'' COURT. 



Legislative 
Records of the 
Council, viii., 
454. Mass. 
Archives, 
ccci., 72. 



Resolved That there be Allowed & paid out of the Publick Treasury, 
to the Hon''''^ Wait Winthrop, Samuel Sewall, John Hathorn, Jonathan 
Coi'win, & John Walley Esq'' to each of them the Sum of Forty Pounds 
for their Service as Judges of the Superior Court of Judicature, the year 
currant, ending the 10"^ of July next. \_Passed June 18. 



CHAPTER 49. 

Legislative RESOLVE ALLOWING £.1.5, TO M" JN" WHITE. 

Records of the 

454. Mass. ' Resolved That the Sum of Fifteen Pounds be Allowed, & Paid, out 
Archives, ^f ^j^g Publick Treasury to m' John White Clerk, of this House, in part 

p ^' — — for his service the year currant. [^Passed June 18. 



CHAPTER 50 



Legislative 
Records of the 
Council, viii., 
454. Mass. 
Archives, 
Lxxi., 5.32. 

Post, chap. 55. 
Executive 
Records of the 
Council, v., 58. 



RESOLVE ALLOWING £.40, TO CPT : THO: STEEL. 

Resolved That the Sum of Forty Pounds be Allowed & Paid out of 
the publick Treasury to Capt : Thomas Steel in full for his Service, as 
Coinissary in the present Expedition, to Canada, upon his having per- 
formed the Duty of the s^ office. [^Passed June 18. 



[1st Sess.] Province Laws {Resolves, etc.). — 1709-10. 73 

CHAPTER 51. 

RESOLVE ALLOWING £.30, TO JAMES MAXWELL. 

Resolved That the Sum of Thirty Pounds be Allowed, & Paid out ^^f^^|fg"^f ^i^g 
of the Publick Treasury to W James Maxwell, Doorkeeper, to his Ex- councif, viii.,^ 
cellency the Governour, & this Court, for his Service, the year past ^^■^^,^^':^^^i.^.^^_^ 
endiug the eighth day of this mouth. \_Passed June 18. n. 



CHAPTER 52. 

ORDER FOR VICTUALLmO Y'^ PROVINCE GALLEY. Legislative 

Records of the 
. Council, viii., 

Ordered That the Province Galley be Victualled, by the Comissary 454.^]viass. 
General], for the present Expedition. \_Passed June 18. ixm.'nl! 

Ante, chap. 25. 



74 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 53, 54.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirteenth Day of July, A.D. 1709. 



CHAPTER 53. 



Legislative 
Records of the 
Council, viii., 
459. Mass. 
Archives, 
Ixiii., 116. 

Post, chap. 60. 
Mass. 
Archives, 
cviii., 69. Leg- 
islative Rec- 
ords of the 
Council, viii., 
457. 



RESOLVE FOR TAKING UP TWO VESSELS FOR A GUARD OF Y^ COAST 
IN V ABSENCE OF THE PROV: GALLEY; OFFICERS OF Y^ GUARD 
VESSELS TO GIVE IN JOURNALS TO THE COURT. 

In answer to that Paragraph in his Excellency's Speech relating 
to the Guard of the Coast, in the Absence of the Province Galley ; 

Resolved That Two of the most Suitable sloops or other vessels, 
that can be had, not exceeding ninety Tuns each, be Taken up, & 
Eqvipp'd, for War, & manned with Sixty, or Seventy men each, for 
the Guarding of this Coast, untill the winter is advanc'd. 

And That they be Fitted, with a Sufficient number of great Guns, 
good Firelocks, Pistols, & Backswords, or Pole axes, & all other Stores 
proper, & necessary, for Such vessels. 

And be It further Resolved That the Commanding Officer of every 
vessel of War, that Shall be hereafter Imploied for the Guard of this 
Coast, being in the Pay of this Province Shall be, & is hereby Obliged, 
to Lay before this Court a Jouruall, of all their Proceedings, how long, 
& where they Cruis'd. & how long they were, in Port, & a List of all 
the men's names, they have had, under their CoiSand, & to what Towns, 
they belong'd when Impress'd, & when Dismiss'd : At their Session in 
May, & Octo' annually, upon the Penalty, of paying the Sum of Fifty 
Pounds Fine, for every neglect, to be Imployed, for & towards the Sup- 
port of the Government, unlesse They are inevitably prevented by their 
being abroad, in the time of the session, & in Such case, at their next 
coming into this Port, Such Journall & List, Shall be Lodg'd, in the 
Secretary's office, to be laid before this Court, at their next Session. 
\_Passed Jidy 14.^ 



CHAPTER 54 



Legislative 
Records of the 
Council, viii., 
458. Mass. 
Archives, 
Iviii., 271. 



RESOLVE FOR ENGRAVING ON COPPER PLATES A CHART OF CANADA 

RIVER. 

Upon a Review and Examina'^"" of the several Plans and Charts 
of the Lying of Canada River, by a Committee of the Board, with 
the persons named for Pilots and Mariners that have Sayled up that 

1 This chapter and chapter 60 arc given in the secretary's record as if one continuous 
piece of legislation, with the consent of the governor noted at the end of the whole. The 
archives show that the two were distinct things, acted upon on different days. The gov- 
ernor's consent does not appear in the archives, but that his consent, as noted by the sec- 
retary, was given to both parts is indicated by the secretary's record, in the second part of 
which (chapter 60) he has interpolated the word " said" before the words "two vessels." 



[2d Sess.] Province Laavs {Resolves, etc.). — 1709-10. 75 

River ; And there being one of those used in the former Expedition, Legislative 
Lying in the Treasurers hand ; which upon ]vxauiina'=°" and. comparing couucii^ viii!)*^ 
with others is found to be the most Exact and correct, and agreeable ^^'• 
to their Observations made in passing of that River. 

Resolved That the said Chart be forthwith Engraven on Copper 
Plates, which the Treasurer hath by him, sutable for that purpose ; 
And that a sufficient number of them be printed off for the Service 
of the Fleet, in the intended Expedition to Canada. — . And that the 
Treasurer be Desired to Over See the Engraving of the said Plates, 
and to send for such of the Pilots or others as he shall see cause. 
\_Fassed July 15. 



CHAPTER 55. 

RESOLVE ALLOWING CPT: STEEL £.10, PER MONTH AS COMMISSARY. 

Upon the Petition of Cpt. Thomas Steel Commissary to Canada, — Legislative 
Resolved That the Sum of Ten Pounds ^ month, be Allowed to the coundf, viii.,^ 
Petitioner for his Service, the former Grant of Forty Pounds to him, ^^rpj^f^^g®®' 
being made null. [_ Passed July 16. ixxi.,538.' 

Ante, chap. 50. 



CHAPTER 56. 

ORDER FOR VICTUALLING Y= TRANSPORTS. 

In consideration. That the Summer is So far Advauc'd, that there Legislative 
is danger Some of the Transports, may be blown off the Coast, in their council^ viii.,^ 
Return home. 459 Mass. 

Ordered That the Provisions, for the present Expedition, be made ixiii., 112! 
up. Six months Bread & five months, of the other Species, of victual- Ante, cha.Y>.s. 
ling for the men in the Pay of this Province. \^Passed Jidy 16. /'osi, chap. 70. 



CHAPTER 57. 

ORDER FOR PROVIDING BEDS FOR Y^ SOLDIERS. 

Ordered That Capt : Fitch, M"" Barnes, & Capt : Mills, be a Commit- j^|f^^|^\^*Jf jij^ 
tee, to provide a suitable number of Beds, for the use of the souldiers couucii, viu., 
in the present Expedition, to be DD:^ to the Coihissary Generall to ■*^';!'.ijj^e*/®* 
be by him DD : to the masters of the Transports ^ indent. [Passed ixxi., 536.' 
J'uly 1 6. Post, chap. 124. 



CHAPTER 58. 



ORDER FOR PROVIDING ARMOURERS. 



Ordered That Two Armourers be Allowed in the present Expedition, Legislative 
to be paid after the Rate of Three Pounds ^ mouth each. \_Passed c^unctf fiif ® 
July 16. 459. MiUs. 

'' T^ ,. , Archives, 

1 Delivered. Ixxi., 537. 



76 



Province Laws (Resolves, etc.). — 1709-10. [Chaps. 59, 60.], 



CHAPTER 59 



RESOLVE ALLOWING £.6 ,,10, TO BENJ^ ELLIOT. 



Legislative 
Records of the 
Council, viii., 
459. Mass. 
Archives, 
Iviii., 272. 



Upon the Accompt of Benjamin Elliot Book Seller for Copys of the 
Laws at May Session & Election Sermon ; 

Mesolved That the sum of six Pounds & ten Shillings be allowed & 
paid out of the publick Treasury to m'' Benj'' Eliot, on acc° mentioned 
Ante, chap. 38. on the other side. [Passed July 16. 



CHAPTER 60. 



ORDER APPOINTING A COMM'^e^ TO TAKE UP & FIT THE GUARD VESSELS. 



Legislative 
Records of the 
Council, viii., 
460. Mass. 
Archives, 
Ixlii., 116. 



Ordered That, M' Speaker, Capt : Gilbert Bant, «fe M' William Clark 

(of the north End) be a CoiSittee, forthwith, to Take up, Eqvip, & fit 

the two vessels ordered by this Court, for the Guard of the Coast 

That y^ Committee so soon as they have pitch'd on y'' vessells they 

Pos<' chap' wi forthw'^ attend his Ex'^y to receive the necessary orders & warrants, 

' but that It be Referr'd to the Coihiss'^ Geuerall to victuall them. 

\_Passed Jidy 16. 



[3d Sess.] Province Laws {Resolves, etc.). — 1709-10. 77 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fourth Day of August, A.D. 1709. 



CHAPTER 61. 

ORDER FOR MAKING 3/, & 3/6, BILLS OF CREDIT.i 

Whereas there are two Bills of two Shilliugs Each, aud two halfe Legislative 
Crown Bills, Engraven upon one and the same Plate, Councif, vm!*^ 

Resolved That for the benefit of Exchange in the Market, One of the 465. Mass. ' 
said two Shilling bills be made three Shilliugs ; And one of the halfe 364? '^^^' ' 
Crowu Bills be made three Shilliugs and Six pence ; with such Altera- ^„<e, chap. 44. 
tious in the respective Escutcheons as the Committee shall thinke fit. Pos<, chap. 109. 

Aud that the proportion of the Fifteen Thousand Pounds in Bills 
not yet printed, be Imprinted off the Plates being so altered. [^Passed 
August 26. 

CHAPTER 62. 

RESOLVE ABOUT ASSESSORS NOT CHOSEN AT A GENERAL TOWN MEET- 
ING FOR CHOICE OF OFFICERS.^ 

Upon representation made to this Court, That several Towns Legislative 
within this Province, at their General Town Meetiug for the choice councif, viii.,^ 
of Town Officers, in the month of March annually, neglectiug to choose ^^- Mass. _ 
Assessors, (distinct from their Select men) of such Rates aud Taxes 362. 
as the Great & General Court or Assembly by their Acts have, from 
time to time. Ordered and appointed such Towus to pay towards the 
Publick charges of the Province, (as by Law they might then have 
done) have afterwards proceeded to the choice of persons Specially 
for that Service ; and for the assessing of tlieir Town Rates and pro- 
portion to the County Tax ; whereby the Legality of the choice at 
other time, aud of the Assessm'' made by the persons so chosen, is 
disputed and drawn into Question, To the Obstructing of the Collect- 
ing and paying in of the Publick Rates and Taxes, and to the Detri- 
ment of the Province. 

Resolved, That, for the time past, all Province, County & Town 
Rates and Taxes apportioned in any Town by Assessors specially 
chosen, appointed and Sworn, such Election or appointm' not being 
on the anniversary day for the choice of Town Officers notwithstand- 
iug, are and shall be deemed held aud reputed good and Effectual in 
J^aw. And all Constables and Collectors to whome any such Assessm" 

> Printed in the notes to the Acts for the year 1709-10, Province Laws, i., 646; reprinted 
here, as important. 

5 Printed in the note to the Act of March 20, 1699-1700, Province Laws, i., 419 ; re- 
printed here, as important. 



78 



Province Laws {Besolves, etc.). — 1709-10. [Chaps. 63-65.} 



have been or shall be committed, Be and hereby are Impowred and 
Enjoyu'd, to Collect Gather in and pay the same, or any arrears thereof 
according to the Direction in the Warr'' to them respectively Granted, 
as if such Assessments had been made by the Select men, or Assessors 
duely chosen on the anniversary day for the choice of Town Officers 
as aforesaid ; And shall incur and be Subject to the pains and pen- 
alties by Law provided for default and neglect of their Duty in such 
case ; Any Law Usage or Custom to the contrary notwithstanding. 

And that for future the Law be Strictly Observed and kept for the 
Appointment or Choice of Assessors at the annual Gene[r]eal Town 
Meeting in March ; Lf the Inhabitants shall think fit to choose or ap- 
point any such, distinct from their Select men But if otherwise the 
Select men shall attend their Duty in that regard. And that no As- 
sessors be chosen at any other Town Meeting, but in the case as the 
Law provides, upon y*" refusal or death of any of the Assessors then 
chosen at the General Meeting in March annually. [_Passed August 27. 



CHAPTER 63. 



ORDER FOR RUNNING 



THE SO LINES OF SUFFIELD & ENFIELD. 
August 27. 



[Passed 



Legislative 
Records of the 
Council, vlii., 
467. Mass. 

Archives, 111., ^Printed ^vith resolves , orders, etc., '•'• granting lands, establishing pre- 
F sT^ — "sT ^'^'^c^* and parishes, and determining territorial boundaries. "'\ 



CHAPTER 64. 



Legislative 
Records of the 
Council, viii., 
467. Mass. 
Archives, iil., 
123. 

Post, chap. 121. 
Executive 
Records of the 
Council, v., 83. 



ORDER APPOINTING A COMM''== FOR RUNNING THE S^ LINE OF THE 
PROVINCE. [Passed August 27. 

[^Printed with resolves, orders, etc., '''• granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 65. 



RESOLVE ALLOWING £.10, TO JOHN GYLES. 



Legislative 
Records of the 
Council, viii., 
467. Mass. 
Archives, 
Ixxi., 539. 



Upon reading a Petition of John Gyles of Salem, Setting forth his 
being disabled to use one of his Arms, by Reason of a Wound received 
in her Majesties Service, being a Soldier under the Command of Major 
Turner, Praying some Allowance for his Sustenance over & above what 
he has received ; 

Resolved That the Sum of Ten Pounds be farther Allowed, & Paid 
out of the Publick Treasury to John Giles the Petitioner as a full Con- 
sideration for the damage Sustaiud by his wound abovemeutioned. 
[^Passed August 27. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1709-10. 79 



CHAPTEK 66. 

RESOLVE FOR REPAIRING V PRESIDES HOUSE. Legislative 

Records of the 

Resolved That the Sum of Twelve Pounds be Allowed, & Paid, out 4€7. Mass. '' 
of the Publick Treasury to Captain Thomas Oliver one of the Com- i^ifi^^'oTl' 
mittee, appointed to Repair the President's House, at Cambridge, to _^„<e' cha 1 4o 
Purchase, materials necessary for that end. \_Passed August 27. pos<,' chap.' 153. 



CHAPTER 67. Refords"o7the 

Council, viii., 
468. 



ADVICE FOR A PUBLICK FAST. Pos<, chap. 103. 

Legislative 

Upon a Motion from the House of Represent'"' for a publick coum-if vui''® 

Fast ; t^^ihjiirlt^^ 

Advised that it be appointed upon Thursday the fifteenth of Septem- church at Dor- 
ber next. [Passed * August 27. Lo'v'e^J'Fa's'f^" 

and Thanks- 

§ivinf; Days of 
ew England, 
p. 486. 



80 



Province LtAw^ {Resolves, etc.). — 1709-10. [Chaps. 68-70.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fourteenth Day of September, A.D. 1709. 



CHAPTER Q>S. 



Legislative 
Records of tiie 
Couucil, viii., 
469. 



ORDER FOR CONTINUING ALL HEARINGS. 

Ordered that all Hearings depending before this Court that had Day 
assign'd them at the former Sessions thereof be & hereby are Contin- 
ued, and Adjourned to the same Day in the Week respectively in y® 
next Session. \_Passed Sej^temher 16. 



CHAPTER 69. 



Legislative 
Records of the 
Council, viii., 
472. Mass. 
Archives, 
Ixiii., 121. 

Post, chap, 75. 



RESOLVE RESPECTING SLOOP PHCENIX HER HIRE. 

Resolved That the Pay of the sloop Phoenix for the Time she was 
Imploied, in Her majesties service on her Cruises in the Spring end- 
ing the 4'*^ of April last be Computed, at ten shillings ^ Tun, <gj month, 
and that Addition be accordingly made to the Sum, she was paid by 
the muster Roll already Pass'd. \_Passed September 17. 



CHAPTER 70. 



Legislative 
Records of the 
Council, viii., 
47'2. Mass. 
Archives, 
Ixiii., 122. 

Ante, chap. 56. 
Mass. 
Archives, 
Ixiii., 123. 
Executive 
Records of the 
Council, V,, 56. 



RESOLVE ALLOWING £.469 ,, 7„ 1, ON ACC^ OF CHARGE IN FITTING TRANS- 
PORTS. 

An Accompt of the Charge of Fitting of Transports for the Intended 
Expedition to Canada, Offer'd by Mess" Thomas Hutchinson, Charles 
Chambers & Samuel Greenwood the Committee appointed to that Ser- 
vice, Amounting to Four Hundred sixty nine Pounds seven Shillings 
& one Peny, Including Twenty Pounds for their own Service, Sent up 
from the Represent'"' with the Resolve of that House pass'd thereon ; 
Viz, 

Resolved That the Sum of Four Hundred Sixty nine pounds, seven 
Shillings, & one peny, be Allowed, & Paid, out of the publick Treasury 
to the within named Coiiiittee, to Discharge the above accompt 
In Council. 

Read & Concurr'd. \_Passed September 17. 



[4th Sess.] Province Laws {liesolves, etc.). — 1709-10. 81 

CHAPTER 71. 

RESOLVE ALLOWING WAIT WINTHROP ESQ" £.13,, 19. 

An Accompt of Wait Winthrop Esq*^ of his Cliavges in the Journey Legislative 
to New York on an Attendance on the Right Hon'"'^ the Lord Lovelace, council^ vH^^^ 
as Commissioner from this Government, Amounting to Thirteen Pounds 472. 
nineteen Shillings; Sent up from the Representatives with a Resolve ^««e, chap. so. 
pass'd thei'eon in that House ; Viz, 

Resolved that the Sum of Thirteen Pounds nineteen Shillings be 
allowed & paid out of the publick Treasury to the Hon"''" Wait Win- 
throp Esq'' to discharge the above Accompt : 

Read & Coucur'd to by the Council. [Passed September 17. 



CHAPTER 72. 



VOTE FOR THE ACCEPTANCE OF THE REPORT ABOUT TAUNTON NORTH Legislative 

& SOUTH PURCHASES. [Passed Septetnber 19. Coum'if, viii ,^ 

469. Mass. _ 

\_Printed with resolves, orders, etc., '■^granting lands, establishing pre- ^rciiues, xi., 
cincts and j)arishes, and determining territorial boundaries."'] yi«/e chap u. 

Mass. 

Archives, xi., 
; 260, 297-302, 304. 

CHAPTER 73. 

ORDER ON PETITION OF JER: & MERCY TAY FOR PUTTING A BOND IN 

SUIT. 

Upon reading a Petition of Jeremiah Tay of Boston Mariner & Legislative 
Mercy his Wife only Child of Nathaniel Woodward late of Boston councif, viii.f 
Mariner Dec*^ Setting forth That Robert Woodward Father of the said \'3. Mass. 
Nathaniel djing Intestate, The County Court for Suffolk (having then xvii., 237.' 
Power by Law for Distribution & Settlement of the Estates of Intes- 
tates,) disposed of the whole Estate of the said Robert Woodward 
unto Rachel his Wife & Administratrix (Who had intermarried with 
one Thomas Harwood) for Payment of the Dec''^ Debts & Education 
of his Children, And Assign'd Forty Pounds to the said Rachel for 
Dower, The Remainder in Portions to his Children, The said Admin'^ 
or her Husband Thomas Harwood to give Security for Payment thereof, 
And the said Thomas Harwood having accordingly given Bond to M"" 
Edward Rawson then Recorder of the said County (Who is since Dec'^) 
& his Successors for Performance thereof. Praying that some Person 
may be assign'd & appointed capable in Law to put the said Bond in 
Suit, Her leather Nathaniel Woodward not having received his Portion ; 
Ordered That Addington Davenport Esq'' present Register of the 
County of Suffolk, Be and hereby is Directed and Impowred to put 
the withinmentioned Bond in Suit, to the use of the persons for whome 
it was given. \_Passed September 19. 



82 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 74-77.] 



CHAPTEE 74: 



Legislative 
Kecords of the 
Council, viii., 
475. Mass. 
Archives, 
Ixxi., 545. 



RESOLVE FOR PAYING TWO MONTHS AVAGES TO THE FORCES. 

Resolved That the Officers, & Souldiers Rais'd (and Allowed b}' this 
Court to be in the Pay of this Province) for the intended Expedition 
to Canada, be forthwith Paid, Two months wages, including what, they 
have received of the Commissary, & that care be Taken, that those who 
are, Sons under age, & Servants, be So inserted in the Rolls. \_Passed 
September 20. 



CHAPTER 75. 



Legislative 
Records of the 
Council, viii., 
474. 

Ante, chap. (59. 
Post, chap. 137. 
Mass. 
Archives, 
Ixiii., 124. 



ORDER ON SIR CHA: HOBBYS PETITION ABOUT Y^ SLOOP PHCENIX. 

Upon reading a Petition of Sir Charles Hobby Praying Payment 
for his Sloop Phcenix Cpt : John Miles Commander taken up on her 
Majesties Service for Defending of the Coast & Captured by the En- 
emy, Also for her Hire to the Time of her Capture : 

Ordered that M"^ Commissary General make up the Accompts of the 
Outsett of the Sloop Phoenix of what was advanced of the publick 
Stores for her Fitting, And that being subducted, a AVarrant be made 
out upon the Treasury to pay to the Petitioner what shall appear to 
be due for Ballance of the Apprizement of the Vessel, W'^'' is to be 
reckon'd Four Hundred thirty four Pounds, As also for the Hire for 
her Service to the Time of her Capture, According to Establishment. 
[Passed September 21. 



Legislative 
Records of the 
Council, viii., 
475. Mass. 
Archives, 
xxxi., 60. 

Mass. 
Archives, 
xxxi., 59, 76. 
Executive 
Records of the 
Council, v., 90, 
93, 99, 101. 
Se wall's Diary, 
II., 261. 



CHAPTER 76. 

ORDER THAT A PRESENT BE MADE TO THE MAQUA AND TO Y" IN- 
TERPRETER. 

Ordered That a Present be made to the Maqua now attending, of a 
Coat &^ as was to those newly returned. 

And that m"" Baptiste the Interpreter, who has attended here nigh 
two months, have a Present of Ten Pounds made to him for his Ser- 
vice. \^Passed September 21. 



CHAPTER 77. 



Legislative 
Records of the 
Council, viii., 
476. Mass. 
Archives, ci., 
368. 

Mass. 
Archives, 
Ixxi., .543. 
Legislative 
Records of the 
Council, viii., 
470, 473, 474. 
Sewall's Diary, 
li., 263. 



RESOLVE ALLOWING £.80, TO HIS EXCY. FOR HIS JOURNEY TO THE 

CONGRESS. 

This House Understanding, That His Excellency the Governour, In- 
tend's a Journey Southward, in a short time, to meet, & Confer, with 
the Governors of the Neighbouring Provinces, relating to the Publick 
Affairs. 

Resolved That the sum of Eighty Pounds be Allowed & Paid out of 
the Publick Treasury, to his Excellency's order, to Defray the charge 
of his Journey, if he Proceeds therein. 
In Council. 

Read and concurr'd. \_Passed September 21. 



[5tii Sess.] Province Laws {liesolves, etc.). — 1709-10. 83 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-sixth day of October, A. D. 1709. 



CHAPTEE 78. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE FOR THE SOUTH Legislative 

BOUNDS OF SUFFIELD. [Passed October 27. Records of the 

Council, viii., 

480. Mass. 

[^Printed with resolves, orders, etc., ^^ granting lands, establishing pre- ^'■.'??^^^^|' 
cincts and parishes, and determining territorial boundaries."^ ' '' 



Ante, chap. 63. 
Post, chap. 129. 



CHAPTEE 79. 

ORDER FOR AN ADDRESS OF Y^ COURT TO COLL: NICHOLSON. 

Ordered That a Message be sent to the Hon'^'^ Col : Francis Nicholson, Legislative 
That This Court do Gratefully Acknowledge the uncommon Zeal, councu* v»i^^ 
which his Honour hath shewn for Her Majesty's Service, and his good 48L Mass. 
Inclinations to Assist, & Promote the Welfare of Her Majesty's good 119^ i^e*, xx., 
Subjects, of this & the neighbouring Governments, Sensibly, Expressed Le^-isiative 
by his Industrious, & painfull Laying out himself to put forward the Records of the 

, . 1 • T u Ti- ^ c i Council, viii., 

late designed Expedition. 479 6/»,480. 

And as he is now designed, to Great Britain, Pray his earnest, & Recordrof the 
humble Applications to Her Majesty in our favour, with a Represen- Council, v., 111, 
tation of our distressing Circumstances And That Her Majesty would ii2> n*- ii^> ii'- 
be Graciously Pleas'* to Consider us, with respect, to this year's vast 
Expence, & our future Troubles, & Dangers by the Enemy, more espe- 
cially in case the War should Continue, to Send a force sufficient early 
the next Spring, to Reduce Port Roj'^all, which will be of great Advan- 
tage & service to Her Maj'^' Interests in these Plantations. And which 
by the long & expensive War, we are so Impoverished and Enfeebled, 
as not to be in a Capacity to effect. 

Or if any Overtures of Peace be Renewed in the mean time That Nova 
Scotia, & Port Royall nominatim, may be Comprehended, in the Articles, 
to be Restored to the Obedience of Her Majesty as anciently it was. 
l^Passed October 27. 

CHAPTEE 80. 

RESOLVE ALLOWING £.5, TO DAVID RIDLEY. Legislative 

Records of the 

Upon reading a Petition of David Ridley of Boston Praying Con- 4a3. Mass. 
sideration for his Smart & Loss of his Right Hand in her Majesties hcxf.^554.' 
Service on Board the Sloop Phoenix Cpt : Miles Commander ' 



84: 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 81-84.] 



Legislative 
Records of the 
Council, viii., 
484. Mass. 
Archives, 
Ixiii., 128. 



Legislative 
Records of the 
Council, viii., 
484. Mass. 
Archives, 
Ixxi., 552. 



Resolved That there be Allowed and Paid, out of the publick Treas- 
ury, to the Petitioner Five Pounds, for Smart money, Ten Pounds, for 
the first Year, and five Pounds a Year, afterwards during this Court's 
Pleasure. \_Passed October 31. 



CHAPTEE 81. 

RESOLVE ALLOWING £.10, TO JOSIAH CLARK. 

Upon reading a Petition of Josiah Clark of Boston Mariner Pray- 
ing Consideration of his Smart & Pain by a Shot received in his Thigh 
in her Majesties Service on Board the Sloop Phoenix, ,Cpt : Miles Com- 
mander, which still remains & takes away the Use of his Leg 

Resolved That the Sum of Ten Pounds be Allowed & Paid, out of 
the Publick Treasury, to the Petitioner besides his wages. [^Passed 
October 31 . 



CHAPTER 82. 

RESOLVE ALLOWING 40/, TO EZEK: SMITH. 

Upon reading a Petition of Ezekiel Smith of Boston Mariner Pray- 
ing Consideration of his Smart & Pain by a Shot received in his Head 
in her Majesties Service on board the Sloop Pha3nix Cpt : Miles Com- 
mander 

Resolved That the Sum of Forty shillings be Allowed, & Paid, out 
of the publick Treasury to the Petitioner, besides his wages. {^Passed 
October 31. 



CHAPTER 83. 



RESOLVE ALLOWING £.10, TO SAM^-^ ADAMS. 



Legislative 
Records of the 
Council, viii., 
484. Mass. 
Archives, 
Ixxi., 570. 



Upon reading a Petition of Samuel Adams of Charlestown Praying 
Consideration of his Smart & Pain by a Wound received in his eye to 
the Loss thereof in her Majesties Service on Board the Sloop Phoenix, 
Cpt : John Miles Commander 

Resolved That the Sum of Ten Pounds be Allowed & Paid out of 
the Publick Treasury, to the Petitioner besides his Wages. [Passed 
October 31 . 



CHAPTER 84 



Legislative 
Records of the 
Council, viii., 
484. Mass. 
Archives, 
Ixxi., 550. 



RESOLVE ALLOWING £.5, TO ROGER BAYNHAM. 

Upon reading a Petition of Roger Baynham of Philadelphia Mariner, 
Praying Consideration for his Smart & Pain occasion'd by two AYounds 
received in his Right Arm in her Majesties Service on board the Sloop 
Phoenix, Cpt: John Miles Commander 

Resolved That the Sum of P'ive Pounds be Allowed, & Paid, out of 
the Publick Treasury, to the Petitioner besides his wages. [Passed 
October 31. 



[5tii Sess.] Province Laws {Resolves, etc.). — 1709-10. S5 

CHAPTEE 85. 

RESOLVE FOR PAYING MARY PACKER HER HUSBANDS WAGES. 

Upon reading a Petition of Mary Packer Widow Praying to be paid Legislative 
Wages due to her Husband Charles Packer late Gunner of the Sloop coum^ii*, viii.l*' 
Phaniix Cpt : John Miles Commander in her Majesties Service & taken ^^\.^^ll'^^^^- 
into Port llo3\al, Lxxi., oiio! 

Resolved That the Petitioner be Paid for her Husband's wages as 
Gunner, when the ace" of that service is made up. \_Passed October 31. 



CHAPTER 86. 

RESOLVE ALLOWING £.5, TO VINCENT SHUTTLEWORTH. 

Resolved that the Sum of Five Pounds be allow'd & paid out of the Legislative 
publick Treasury to Vincent Shuttleworth of Medfield being sorely counoK vm.'!^ 
scalded Avhilst in her Majesties Service at Casco Bay. \_Fassed Octo- ^ 

ber 31. Mass. 

Archives, 

Ixxi., 569. 

CHAPTER 87. 

RESOLVE ALLOWING £.3 ,4, TO SAM'-'- HUTCHINS. Legislative 

Records of the 

Upon reading a Petition of Samuel Hutchins of Haverhill, Setting 4S5. Mass. 
forth That he broke his Leg whilst in her Maj^^ Service ; \x^\%u: 

Resolved That the Sum of Three Pounds & four Shillings, be Allowed j^^^^^^ 
& Paid out of the publick Treasury to the Petitioner Sam'^ Hutchins. Archives, 
to Defray the charge mentioned on the other Side. \_Passed Novem- cJxxu.rsiL 

ber 1 ^ Executive 

Records of the 

Couucil,v., 119. 

CHAPTER 88. 

VOTE FOR PURCHASING 35 BARRELS OF GUN POWDER. 

Resolved That the Coiiiissary Gener^^ be Desired, to Purchase, Thirty Legislative 
five Barrels of good Gunpowder, which we Understand by him, he can coundf, vmll^ 
have at nine Pounds ^ barrel to be Paid for out of the Publick Treas- ^6. Ma^ss. 
ury. \_Passed November 1. ixxi., 579. 

Executive 

. Records of the 

Council, v., 97. 

CHAPTER 89. 

ORDER ABOUT MARLBOROUGH COMMONS ON HEARING ON Y^ PETITION 
OF MOSES NEWTON &c. OF MARLBORO. 

Upon a hearing had this Day according to Appointment before both ^|foj)^^'oft,,g 
the Houses of the Petition & Complaint of Moses Newton sen'' & council, viii., 

' According to Mass. Archives, Ixxi., 522-524, Samuel Heseltine, soldier, was the one 
whose leg was broken, while Sam'l Hutchins, who once signs himself " Hutchi," only took 
care of the invalid, and then petitioned to be reimbursed for the expense and trouble. In. 
all the later records (cited in the margin) Hutchins appears as the sufferer, while Hesel- 
tine is not even mentioned. 



86 



Province Laws {Resolves, etc. ) . — 1709-10. [Chaps. 90-92.] 



485. Mass. 
Archives, 
cxiii., 522. 

Ante, chap. 28. 
Mass. 
Archives, 
cxiii., 523-525. 



others Inhabitants of Marlboro of a Division made of the reserved 
Commons & Lands Contrary to a Vote pass'd at the Beginning of that 
Plantation, The Select Men of the said Town attending & Answering 
thereto ; 

Ordered That the Petition be Dismiss'd. 

And that it be Recommended to the Proprietors and the Select men 
of Marlboro, to make such Improvement of the reserved and Common 
Lands of the said Towni as will be most Encourageing and beneficial 
to the Advancem' and Increase of the Plantation ; haveing due Regard 
to the first and ancient Setlers and Inhabitants and their Descendants, 
who have done Sei'vice and born considerable charges in the place. 
\^Passed November 2. 



CHAPTEE 90. 



RESOLVE ALLOWING £.20, TO Y"- MINISTER OF DUNSTABLE. 



Legislative 
Records of the 
Council, viii., 
486. Mass. 
Archives, xi., 
294. 



Resolved That the Sum of Twenty Pounds, be Allowed & Paid, out 
of the Publick Treasury to the Select men of the Town of Dunstable 
for the Use of M"" Parris their minister, for his service the last year. 
\_Passed November 2. 



CHAPTEE 91. 



ORDER ON NATHi-i- LORING'S PETITION TO BE ACQUITTED FROM A BILL 

OF LADING. 



Legislative 
Records of the 
Council, viii., 
486. Mass. 
Archives, 
Ixiii., 130. 

Mass. 
Archives, 
Ixiii., 131. 



Upon reading a Petition of Nathaniel Loring Coaster, Praying to 
be Acquitted from a Bill of Lading which he sign'd for a Parcel of 
Goods ship'd by the Commissary General in the Year 1707, upon the 
Sloop Dolphin the said Loring Master Consigu'd to Coll : Patridge at 
Hatfield for the Use of the Forces of this Province, Among which was 
a Parcel of Hats of the Value of Nine Pounds twelve Shillings that 
were stolen out of the Warehouse at Saybrook, where he put them on 
shoar, Not being able to get up the River by Reason of Ice ; 

Ordered That the Prayer of the Petition be Granted But That the 
Petitioner Receive no freight, for the other Publick Stores, which he 
carried at the Same time with the Hatts, withinmentioned. [PassecZ 
November 3. 



CHAPTEE 92. 



ORDER ON THE PETITION OF THE CHILDREN OF NICH'^ WALLINGFORD 
IN REGARD TO A SETTLEMENT OF HIS ESTATE. 



Legislative 
Records of the 
Couucil, viii., 
487. Mass. 
Archives, 
xvii., 241. 

Mass. 
Archives, 
xvii., 242. 



Upon reading a Petition of the Children of Nicholas Wallingford 
late of Bradford Dec*^ Praying a Ratification of the Act of the Court 
made in the Year 1691, for Settlement of the Lands of the said Dec'' 
& the Sale made by his Widow of her Share thereof, Assign'd to her 
unto the Purchaser & Possessor ; 

Ordered That the Prayer of the within Petition, be Granted, [^Passed 
November 3. 



[5th Sess.] Province Laws {Resolves, etc.). — 1709-10. 87 

CHAPTER 93. 

RESOLVE ALLOWING £.5, TO SARAH OLIVER. 

Upon reading a Petition of Sarah Oliver of Marblehead Praying Legislative 
Consideration for the Loss of Time, Pain & Cure of her Son Henry councu^ viii.f 
Bricknal, who broke his Thigh by a Fall from the Shrowds of the ^"i- .Mass. 
Brigantine Dragon Cpt: John Blew Commander Anno 1707, whilst ixiii^.'iw.' 
he was in her Majesties Service ; 

Resolved That the Sum of Five Pounds be Allowed, & Paid out of 
the Publick Treasury to Sarah Oliver the Petitioner, in full of her son's 
Losse of Time, smart, Attendance &c''. \_Passed November 3. 



CHAPTER 94. 

RESOLVE ALLOWING £.3,, 12,, 2, TO EDW^ SERGEANT. 

An Accompt of Edward Sergeant of Newbury for Ferryage of Sol- R^f'^ds^of tii 
diers in her Majesties Service Horse & Foot in the Year 1708, with Council, viii., 
the Resolve pass'd thereon in the House of Representatives ; Viz., Archiv^es^,*' 

Eesoloed That the Sum of Three Pounds twelve Shillings & two ccxiiv., ei. 
pence, be Allowed and Paid out of the Publick Treasury to Edward 
Sergeant, the Accomptant. in full of his ac[eount^]. 
In Council. 

Read and concurr'd. \^Passed November 3. 



CHAPTER 95. 

RESOLVE ALLOWING 32/ 5, TO RICH" JACKMAN. 
An Accompt of Richard Jackman of Newbury for Ferryage of Sol- Legislative 

R,f*rord9 of tu6 

diers in her Majesties Service and Posts, in the Years 1707, & 1708, council, viii., 
With the Resolve pass'd in the House of Represent''''^ thereon; Viz, ^ 

Resolved that the Sum of Thirty two Shillings & five Pence be allowed 
& paid out of the publick Treasury to Richard Jackman the Accomp- 
tant in full of his Accompt : 

Read «fe Concur'd. \_Passed November 3. 



CHAPTER 96. 

RESOLVE ALLOWING £.9, TO JN^ GRIFFIN. 

An Accompt of John Griffin of Haverhill for Ferryage of Soldiers in Legislative 
her Majesties Service Horse & Foot in the Year 1708, with the Re- couS, viif,® 
solve pass'd thereupon in the House of Representatives; Viz, ^^'- 

Resolved that the Sum of Nine Pounds be allowed and paid out of 
the publick Treasury to John Griffin the Accomptant in Full Discharge 
of his Accompt on the other Side. 

Read & Concur'd. \^Passed November 3. 

» Manuscript mutilated. 



88 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 97-100.] 



CHAPTER 97. 



Legislative 
Records of tlie 
Council, viii., 
488. Mass. 
Archives, 
cclxxxv., 62. 

Ante, chap. 37. 
Mass. 
Archives, 
cclxxxv., 63. 



RESOLVE ALLOWING £.47, TO D" HUMP: BRADSTREET. 

Upon reading a Petition of Humphrey Bradstreet Chirurgeon Pray- 
ing Payment of Sixty Pounds fifteen Shillings & six Pence according 
to the Accompts annex'd for Medicines & Attendance on the Cure of 
several Men wounded in her Majesties Service, when the Enemy made 
an Attack on Haverhill in August 1708, for Diet, Washing and Lodg- 
ing of several of them 

Resolved That the Sum of Forty & Seven Pounds, be Allowed, & 
Paid out of the Publick Treasur}', to Humphry Bradstreet in full of 
his Ace" of £/, 60 /^ 15 // .6. \_Passed November 3. 



CHAPTER 98. 

ORDER ON PETITION OF MARG: BARGER AND OTHERS, EMPOWERING 
HER TO SELL A HOUSE AND LAND. 



Legislative 
Records of the 
Couucil, viii., 
488. Mass. 
Archives, 
xvii., 2-24. 

Mass. 
Archives, 
xvii., 222, 225. 



Upon reading a Petition of Margaret Barger Relict Widow of Philip 
Barger late of Boston Mariner Dec'* Samuel Green & Elisabeth his 
Wife & Philip Barger Children of the Dec'' Praying that she may be 
impowered to make Sale of the House & Land left by her said Hus- 
band for the Payment of Debts due from the Estate &c, 

Ordered That the Petitioner, be Impowered to Sell the House, & 
Land therein mentioned, & that the just Debts, be all Paid, & the Re- 
mainder be divided, to her & her children, by the Judge of Probates, 
as the Law directs having Regard, to what each, or any, of the chil- 
dren, have already received. \_Passed Noveinher 3. 



CHAPTER 99. 

RESOLVE ALLOWING £.20, TO CPT : AND : ROBINSON & COMP^ FOR TWO 

INDIAN SCALPS. 



Legislative 
Records of the 
Council, viii., 
489. Mass. 
Archives, 
xxxi., 58. 

Legislative 
Records of the 
Council, viii., 
464. 



Upon reading a Petition of Cpt : Andrew Robinson of Glocester 
Praying a Reward to him & Company on Board his Sloop for two 
Indian Enemy Men by them slain in the Summer past of Margarets 
Bay to the Eastward, & the Scalps of them produced 

Resolved That the Sum of Twenty Pounds be Allowed, & Paid out 
of the Publick Treasury for the good Service abovementioned. Twelve 
Pounds thereof to the Petitioner, & the remaining Eight Pounds, to be 
eqvally Divided amongst his Company. \_Passed November 4. 



CHAPTER 100. 



RESOLVE ALLOWING £.2, TO CPT: JN'' GARDNER. 



Legislative 
Records of the 
Council, viii., 
489. iMass. 
Archives, 
Ixxi., 587. 



Resolved That the Sum of Forty Shillings be Allowed, & Paid out 
of the Publick Treasury to Capt : John Gardner, for extraordinary 
charges he was at, in the Publick service at Haverhill the last ^-ear, 
which was accidentally omitted in an ace" of charges of the like kind, 
passd by this Court. \_Passed November 4. 



[5tii Sess.] Province Laws {lie.^olves, etc.). — 1709-10. 89 



CHAPTER 101. 

VOTE ACCEPTING A REPORT ABOUT GUARDING Y^ COAST.i 

Report of the Committee appointed to Consider of Methods for the Legislative 
best Gucarding of the Coast &c Read and Accepted; Viz, Coum-n^ vm^^ 

Pursuant to the within Order wee are humbly of opinion That liis ^^>^- Mass. 
Excelpy be desired to continue the Galley upon her cruise untill the bc^i.,'582.' 
Tenth of Decemb' and longer if the Season will permit, keeping the ^„te ciiapTeoT 
Sea as much as the weather will allow, Anchoring when there' a neces- -Post,' ciiap. 126. 
sity for it at Cape Anne & Cape Cod And for the further Security of 
the coast wee think it absolutel}^ necessary that there be purchased at 
the Charge of the Pi'ovince a good Sayling Sloop to be kept out upon 
Suitable cruises for protection of the Trade. 

Cap' Southack^ Journall has been before us but he being ordered 
upon his cruise wee have not had opportunity to examine him thereon. 
Novemb' 3^ 1 709 

John Foster by Order of the Coiiiittee. 
[^Passed November 5. 



CHAPTER 102. 

ORDER ON THE PETITION OF JOHN STEVENS & OTHERS OF ANDOVER 
IN REGARD TO THE DIVISION OF THE TOWNSHIP. 

Upon reading a Petition of John Stevens & several others Inhabi- Legislative 
tants of the Town of Andover, Setting forth their Aggrievance at their Records of the 

T-lll- • -!-.• IT-v'.' COUlKll, Vlll., 

Falhug into y* new Precinct upon the Division lately made of y*" said 489^ 

Town ; Ante, chap. 35. 

Ordered that the last Committee repair once more to Andover, And jiag'^.'^'''^'^" ^^*' 
that they be Impowered upon a further Hearing, If their appear any Archives, xi., 
Hardship upon the Petitioners which may be remedied without great 
Inconvenience to the new Precinct, To Advise & Report it to this 
Coui't accordingly, Alwaies Provided that such of the said Families 
as may be thought reasonable to be return'd to the old Precinct do 
Notwithstanding pay their Taxes to the Building the Meeting House 
& Ministry House in the New Precinct, before they be discharged 
from the same. \_Passed November 5. 



CHAPTER 10 3. K'riisofthe' 

Council, viii., 

490. 

VOTE FOR A PUBLICK THANKS GIVING. ^nfe,chap.67. 

Post',c\vA\>. 176. 

Voted that there be a Publick Thanks Giving appointed upon Thurs- FhTchurch\tt 
day the twenty fourth of November Curr' to be kept throughout the i>"i-chester in 
Province, And a Message by M"" Otis to the Representatives to Ac- p. 221. ' 

quaint that House thereof. Diarv' h 

A Message from y*-' House by Cpt : Burril & Cpt : Otis to Desire the -^e!*. "sew'aii's 

.1 "■ Commonplace 

same ; And Book (at 

A Proclamation was drawn up accordingly & sign'd by y*^ Gov- i'i'i"«' Library 

r r, T ^^ T ~ ^ "^ ° "^ "^ 'h Boston Pub- 

ernour. iPassed JSovember o. lie Library). 

Love's 
1 Printed in the notes to the Acts for tlie year 1709-10, Province Laws, i., 646; reprinted Thanks^-ivinff 
here, as important. Days ot^Xew 

England, p. 486. 



90 



Province Laws {Resolves, e^c.). — 1709-10. [Chaps. 104-106.] 



CHAPTEE 104. 



ORDER ON CPT: EPHRAIM SAVAGES PETITION, COMPLAINING OF A 
LEVY UPON A JUDGMENT AGAINST HIM. 



Xeglslatlve 
Records of the 
CouucU, viii., 
490. Mass. 
Archives, xl., 
932. 

Mass. 

Archives, xc, 
917, 919, 934, 
93&-938. 
Legislative 
■Records of tlie 
Council, viii., 
402. 



Upon reading the Petition of Cpt : Epbraim vSavage, Complaining 
of the Misfeasance of Cpt : Samuel Cookin Sheriff of the County of 
Middlesex, in the Levying of an Execution or Writt of Haberi facias 
Possessionem, granted upon a Judgement given against him at a Su- 
periour Court of Judicature holden at Charlestown within the County 
afore said, on the twenty seventh of January 1707, at the Suit of Fran- 
cis Smith Yeoman, & Jeremiah Swayne Chirurgeon & Mary his Wife, all 
of Reading, for their Title and Possession of & in One Hundred Acres 
of Land scituate in Reading afore said in the County afore said, within 
the Bounds of a Farm formerly the Estate of Francis Smith Dec*^ 
Ajoining to the Homestead of the said Cpt : Savage : 

It evidently appearing on the Face of the Record of the said Judge- 
ment & Precept, & the Sheriffs Return'd thereon, that the Sheriff hath 
acted contrary to his Precept in Levying the Homestead of the said 
Savage or the greater Part thereof to his grievous Hurt & Damage, as 
of his Complaint in this Petition ; 

Ordered That her Majesty's Justices of the Superio"" Court of Judi- 
cature at their next Sitting in Court within the County of Midd'' afores*^ 
Do Inspect the afores*^ Record and the Return made by the Sheriff e on 
the Precept to him Granted, And on Consideration of the Variance 
therein, and the mislaying thereof on the homestead of the s*^ Savage, 
to make void that Precept and the Service thereof ; And Awai'd an 
alias Execution w'** just cost and Damages to the party grived. \_Passed 
November 8. 



CHAPTER 105. 



Legislative 
Records /3f the 
Council, viii., 
491. Mass. 
Archives, cxi., 
81. 



ORDER REMITTING 40/, EXCISE DUE BY NATH^^- SHANNON. 

Upon reading a Petition of Nathaniel Shannon Praying to be re- 
mitted the Sum of Forty Shillings set upon him as Excise for a Licence 
granted him in the Year 1708, which he made no Use of ; 

Ordered^ That the Prayer of the above Petition be Granted and that 
the Forty Shillings Set upon the Petitioner to pay for Excise be re- 
mitted. \_Passed November 8. 



CHAPTER 106 



RESOLVE ALLOWING £.10, TO JOS: BELKNAP. 



Legislative 
Records of tiie 
Council, viii., 
491. Mass. 
Archives, 
Ixxi., 578. 



Upon reading the Petition of Joseph Belknap of Boston Praying 
Consideration of his Smart & Pain by a Wound received in his Hip in 
her Majesties Sei*vice on Board the Sloop Phoenix John Miles Com- 
mander ; 

Resolved That the Sum of Ten Pounds, be Allowed, & Paid, out of 
the Publick Treasury, to the Petitioner, for his Smart, Losse of Time, 
& Subsistence besides his wages, And That his Cure be perfected at 
the charge of this Province. \_Passed November 8. 



'[5th Sess.] Province Laws (^Resolves, etc.). — 1709-10. 91 



CHAPTER 107. 

RESOLVE ON SARAH BUMSTEAD'S PETITION FOR PAYMENT OF PENSION. 

Upon reading a Petition of Sarah Biimsted of Boston Widow of Legislative 
Jeremiah Bumsted Dec*" Setting forth That her said Husband had a counVii^ viii.,^ 
Pension of Five Pounds per Year allowed him by Order of the Gen- ^'ij!^iji'^e|*' 
eral Court for Lameness he got by a Wound in the Countreys Service, ixxi., 584.' 
Praying that the Payment of the Pension for the last Year of her said 
Husbands Life (he Dying about two Months before the Expiration of 
the Year,) may be Ordered to her; 

Resolved That the Petitioner, be Paid out of the Publick Treasury, 
for what Time of the last Year, her Husband Liv'd, in proportion to 
Ihe annual Pension, he Us'd to Receive. \_Passed November 8. 



CHAPTER 108. 

RESOLVE ALLOWING £.5, TO ISRAEL LEADBETTER. Legislative 

Records of the 
Council, viii., 

Upon the Petition of Israel Leadbetter of Dorchester Trumpeter, 492. Mass. 
who broke his Leg whilst in her Majesties Service ; ix'xL.^ms! 

Resolved That the Sum of Five Pounds, be Allowed, & Paid ont of j^j~ 
the Publick Treasury, to the Petitioner in full for his Losse of Time, Archives, 
Nursing, & Attendance. [Passed November 8. aoe! '' 



CHAPTER 109. 

HESOLVE FOR EMITTING £.18000, IN BILLS OF CREDIT, £.15000, WHEREOF 
TO BE FORTHWITH SIGNED.' 

Resolved that the Committee Appointed by this Court the 8* of ^|f^^},f*'^fthe 
June last, to Make Thirty Thousand Pounds of Bills of Credit, & to council, vui., 
keep fifteen Thousand Pounds thereof in their hands unsigned untill ArchivesTci., 
further order from this Court, 3T1j 

Be Directed, forthwith to Signe the Said Fifteen Thousand Pounds Ante, chap. 6I. 
of Bills, «fe Deliver them to the Treasurer, taking his receipt for the ^°^*' '^^'^^- ^*'- 
Same. 

And the Treasurer is hereby Directed, & Impowered, to Issue forth 
& Emit the Said Fifteen Thousand Pounds of Bills of Credit on this 
Province, together with Three Thousand Pounds more of the Bills, of 
Public Credit, that are or shall be received into the Treasury, towards 
Payment of the Publick Debts of the Province, already Contracted, & 
the further growing charge, for the Defence thereof, for Supplying, & 
Subsisting of the Province Galley, Forts, Garrisons, & Forces, raised, 
& to be raised & imploied within the Same, & wages arising for their 
Service towards Defreying the charge of the late intended Expedition 
to Canada (belonging to this Province) And the Purchasing, & Eqvip- 
ping, of a Sloop for the Guard, of the Coast, pursuant to a vote of this 
Court Pass'd, the 4"" currant, for payment of Grants, Salaries, & Allow- • 
ances, made & to be made by this Court, according to Such Draughts, 

1 Printed in the notes to the Acts of the year 1709-10, Province Laws, i., 6-16; reprinted 
here, as important. 



92 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 110, 111.] 



as from time, to time, Shall be made upon him by warrant, or Order 
of the Governour, by & with the Advice, & Consent of the Council, 
And the S*^ Bills, Shall Passe out of the Treasury, at the value therein 
expressed, eqvivalent to money & shall be Taken, & accepted, in all 
Publick Payments, at the Advance, & after the Rate of five Pounds 
^ cent more. 

And That the Duties, of Impost, & Excise, Shall be affund, & Secu- 
rity, for the Repayment, & Drawing in, of the S** Bills, to the Treasury 
again. So far as that will Reach, And as afurther P\ind & Security for 
the Same, for the Paying of Souldiers wages, & for Defreyiug, of the 
further necessary growing charge of the Province the Defence of Her 
Majesty's Subjects, & Interests, within the Same & Support of the 
Government thereof, There be, & hereby Is Granted unto Her most 
Excellent Majesty to the Ends, & Uses, aforesaid, a Tax of Eighteen 
Thousands Pounds one Thousand Pounds thereof to be Levied on Polls 
& Estates, both reall, & Personall, within this Province, according to 
Such Rules, & in Such Proportion, upon the Severall Towns and Dis- 
tricts, within the Same, as Shall be Agreed on, & Ordered, by the Great, 
& Generall Court, or Assembly of this Province, at their session in May 
1712, and Seventeen Thousand Pounds thereof, in May 1713, And One 
Thousand Pounds thereof, Shall be Paid in, to the Treasurer, on or 
before the last day of May 1713 Eleven Thousand Pounds thereof, 
on or before the last day of November 1713, & Six Thousand Pounds 
thereof on or before the last day of May 1714 : 

And Whereas in a Resolve of this Court, Pass'd the dP^ day of June 
last, Granting to Her Majesty a Tax of Twenty five Thousand Pounds, 
It is Ordered That Three Thousand Pounds of the Said Sum, Shall be 
Levied, at the Session of this Court in May 1713. It is hereby 

Ordered That no part thereof, shall be then Levied but. Twenty one 
Thousand Pounds thereof shall be Levyed, at the Session in May 1712. 
any thing in the said Resolve to the contrary notwithstanding. \_Passed 
November 8. 



CHAPTEK 110. 



Legislative 
Records of the 
Council, viii., 
494. Mass. 
Archives, 
Ixxi., 589. 

Mass. 
Archives, 
Ixxi., 590. 



ORDER ALLOWING 50/, TO PHILIP PENDEXTER. 

The following Order pass'd in the House of Represent""' upon the 
Petition of Philip Pendexter Praying Payment for a Fuzil impress'd 
from him for her Majesties Service on Board the Sloop Phcenix Cpt : 
John Miles Commander, and taken by the Enemy in the said Vessels 
Read & Concur'd ; Viz, 

Ordered That the Sum of fifty Shillings be Allowed, & Paid out of 
the Publick Treasury, to the Petitioner, in full, for His Damage, Set 
forth in his Petition. \_Passed November 8. 



Legislative 
Records of the 
Council, viii., 
494. Mass. 
Archives, 
cxiii., 494. 

Ante, chap. 27. 
Mass. 
Archives, 
cxiii., 490, 491. 
Legislative 
Records of the 
Council, viii., 
489. 



CHAPTER 111. 

VOTE ON THE AFFAIR OF HADLEY & HATFIELD. [Passed November S. 

[^Printed with resolves, orders, etc., ^'■(/ranting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."^ 



[5th Sess.] Province Laws {Resolves, etc.). — 1709-10. 93 



CHAPTER 112. 

•ORDER IMPOWERING JOSEPH & ANN MARSH, WITH THO^ BRATTLE ESQ« 
& EDMUND QVINSEY ESQ" AS TRUSTEES TO SELL CERTAIN HOUSING 
& LANDS. 

Upon reading a Petition of Joseph Marsh & Ann his Wife Daughter Legislative 
& Executrix of the last Will & Testament of Moses Fiske late of councif, vm^® 
Brantrey in the County of Suffolk Clerk Dec** Praying the Revival of ^o- Mass. 
an Order past by this Court at their Session in May past Impowering xvii., 235.' 
the said Executrix with M""' Anna Shephard (since Dec"^) in Behalf of 
Shephard & Margaret Fiske Minors Children of the said Moses Fiske 
(Minors) to make Sale of his Housing & Lands lying in Brantrey afore 
said, Devised to his said three Children to be equally divided betweea 
them, And that some other suitable Person may be appointed as a Tutor 
or Guardian for the said Minors to join with the Petitioners in the Sale 
of the Housing & Lands afore said & Stock to them belonging &. to 
Execute good & sufticient Deeds in the Law for Passing & Conveying 
the same & to employ the Money produced thereby to the best Advan- 
tage for their Education & Bringing up 

Ordered That the Prayer, of the Petitioners be Granted, &, That 
Thomas Brattle Esq"" of Boston, & Edmund Qvinsey Esq^ of Brain- 
trey, be Impowered as Trustees with the Petitioners, to make Sale 
of the Housing, & Lands, Set forth in this Petition for the Use therein 
mentioned. \_Passed Nooemher 8. 



CHAPTER 113. 

ORDER IMPOWERING HENRY ROLFE TO SELL CERTAIN REAL ESTATE. 

Upon reading the. Petition of Henry Rolfe Administrator of the Legislative 
Estate of his Brother M^ Benjamin Rolfe late Pastor of the Church Scu,vm!r 
of Haverhill Dec"^ Setting forth That the Personal Estate of the Dec<^ Arcinv^es *xi ' 
Amounted to One Hundred & twenty eight Pounds fifteen Shillings 305. ' ' ' 
& nine Pence, his Real Estate to Two Hundred twenty five Pounds, 
The Debts owing from the Estate amounts to Two Hundred forty eight 
Pounds, Some of which mi^st be sold for Payment of the Debts, The 
Housing & Lands being a Homestead & Pasture, W'' if sold together 
will sell for considerably more than if Part only were sold for the End 
afore said, The Whole is lett for Five Pounds ten Shillings per Annum, 
&, if disposed of together will fetch about Three Hundred Pounds, W** 
will be more beneficial to the Children than the Laud can be. Prating 
that it may be so Ordered ; 

Ordered That the Petitioner, be Impowered, to make Sale of the 
House, &, Land, mentioned in this Petition, to the best advantage, & 
after all the just Debts, are paid, the Surplusage, or remaining part 
of the s*^ Estate, be Disposed of, by the Judge of Probate according 
to Law. \_Passed November 8, 



94 



Province Laws (^Resolves, etc.). — 1709-10. [Chaps. 114-117. J 



CHAPTEK 114 



ORDER IMPOWERING ROWLAND COTTON TO SELL CERTAIN REAL 

ESTATE. 



Legislative 
Records of the 
Council, viii., 
496. Mass. 
Archives, 
xi., 292. 

Mass. 
Archives, 
xi., 305. 



Upon reading the Petition of Rowland Cotton of Sandwich Minister, 
Administrator of the Estate of John Cotton late Minister of Yarmouth 
Dec*^ Praying to be Impowered to make Sale of the House & Land of 
the Dec*^ Containing about six or eight Acres of Land with a House & 
Barn upon it, Apprized at One Hundred Pounds, let one Year for Five 
Pounds, an other Year for Fifty two Shillings, & is now let out Rent 
free, to preserve it from Falling down, for the Use & Comfort of the 
dec*^' Children being seven in Number : 

Ordered, That the Petitioner, be Impowered, to Sell the House, & 
Land, in Yarmouth, which his Brother M*^ John Cotton, Died Seiz'd 
off, & That he Accompt with the Judge of Probate, for the Produce 
thereof. [^Passed November 8.^ 



CHAPTER 115 



Legislative 
Records of the 
Council, viii., 
494. Mass. 
Archives, 
cxiii., 534. 

Ante, chap. 5. 



VOTE ACCEPTING A COMMITTEE'S REPORT OF TISBURY BOUNDS AND 
THE INDIAN TOWN ON MARTHA'S VINEYARD, AND APPORTIONING 
EXPENSES THEREOF. [Passed November 9. 

[^Printed with resolves, orders, etc., '■'■granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 116. 



RESOLVE ALLOWING £.7, TO M^ JON^ RUSSEL FOR AN INDIAN CURE.- 



Legislative 
Records of the 
Council, viii., 
497. Mass. 
Archives, 
xxxi., 61. 



Upon the Motion of Jonathan Russel of Barnstable Praying Pay- 
ment of Seven Pounds for the Cure of Jacob Skenakskon (Indian) of 
a Callous & Cavous Ulcer, Whereby he became exceeding lame. Whilst 
in her Majesties Service at Casco Fort ; 

Resolved That the Sum of Seven Pounds be Allowed, & Paid out of 
the publick Treasury, to M^ Jonathan Russel, for the cure meution'd 
on the other Side. \_Passed November 9. 



CHAPTER 117. 



RESOLVE ALLOWING SARAH MYLES £.50. 



Legislative 
Records of the 
Council, viii., 
497. Mass. 
Archives, 
Ixiii., 140. 



Upon reading a Memorial of Sarah Myles Relict Widow of Cpt : 
John Myles late Commander of the Sloop Phoenix equip'd in War like 
Manner for Guarding the Coast, slain in her Majesties Service, Setting 
forth the distress'd State of her self & fatherless Children by the Loss 

1 The following vote of interpretation of the foregoing passed both houses of the legis- 
lature, November 10, 1710, but does not appear to have received the Governor's signature :. 

" Voted, That the whole of the Homestead of the deced both upland and meadow be in- 
tended and included in the above order for Sale." — Mass. Archives, xi., 305. 



[5th Sess.] Pkovince Laws {Resolves^ etc.). — 170D-10. 95 

of her Husband with the Cloaths Books Instruments Bedding & Arms, 
Not of less Vahie than Fifty Pounds, 

Resolved That the Sum of Fifty Pounds be Allowed, & Paid out of 
the publick Treasury to Sarah Myles the Petitioner, besides her Hus- 
band's wages. \_Fassed November 10. 



CHAPTER 118. 



RESOLVE ALLOWING £.6,, 10/, TO JOS: JENNINGS & 30/, TO HIS MAN. 

Upon reading a Petition of Joseph Jennings of Brookfield Praying Legislative 
Consideration of the Smart: & Loss of Time of him self & Man being coundi" vii!!® 
both wounded in her Majesties Service ; 498- Mass. 

Resolved That There be Allowed and Paid out of the publick Treas- ixx^i.,'555.' 
ury, to the Petitioner, Six pounds ten Shillings, for his own Smart, 
and the losse of his, & his man's time, and Thirty Shillings to his man 
Benj^ Gennings, for his Smart. [Passed November 10. 



CHAPTER 119. 

ORDER IMPOWERING SUSANNAH COOK AND CPT. SAMUEL PHIPPS AS 
TRUSTEE TO SELL CERTAIN REAL ESTATE. 

Upon reading the Petition of Susannah Cook, Adminisf of the Legislative 
Goods, Chattels &c of her former Husband Samuel Fowle of Charles- SunS vm!!^ 
town Mariner Dec*^ who died abroad at Seai, Having what Effects he 4^8. Mass. 
could make with him, & left her low with the Care of two small Chil- xvii., 215.' 



dren, & then going with a third born after his Departure, And what Mae 
by long Sickness. & Charge of bringing up her Children, she was ne- x^^ii'^^-Iie^'sao 
cessitated to ask Credit, & about five Years since intermarried with one 
Thomas Cook Mariner who lived with her about two Months took a 
Voyage to Sea, leaving her with Child died abroad & all lost with him. 
There Remaining of the Estate of her first Husband Fowle about Twenty 
five Acres of Upland & Meadow lying in Woburn out of Fence w*^"" brings 
in no Income nor is like to do. Praying that she may be Impowered to 
Make Sale thereof to Enable her to bring up his Children who are small 
and the eldest sickly & infirm. Her Husbands Brother John F^owle prof- 
erring to buy the same ; 

Ordered That The Praier of this Petition be Granted, And That Capt : 
Samuel Phipps be Join'd with the Petitioner, as a Trustee, And That 
they be Impowered to make sale, of the Land, as Set forth in the Peti- 
tion. [Passed November 10. 



CHAPTER 120. 

VOTE ON ACC^ OF DISBLIRSEM^s ON SLOOP MARLBORO & BRIG: DRAGON, 

[Upon reading] The Accompt of Stores & Disbursements for Equip- Legislative 
ping & Fitting out the Sloop Marlborough Cpt : Beamsly Perkins Com- council^ vUL ® 
mander & the Brigantine Dragon Cpt : John Blew Commander as Vessels *^^- Mass. 

A.rcniVGS 

of War for Guarding the Coast Presented b}^ John Clark Esq"^ Gilbert ccxiiv., 6.5. 
Bane & William Clark the Committee for that Affair ; 



96 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 121-124.] 



^mfe, chap. 101 
Mass. 
Archives, 
ccxliv., 56, .57, 
64. Legislative 



Resolved That the Sum of Seven Hundred Thirty Seven Pounds, 
eight Shillings, & eleven pence, be Allowed, & Paid out of the Pub- 
lick Treasury to the Coihittee within mentioned, to Discharge their 
Recorcfs of the Acc" on the other Sides, f Passed November 10. 

Council, viii., "- 



473. Executive 
Records of the 
Council, v., 
113, ll.i. 



CHAPTER 121. 



Legislative 
Records of the 
Council, viii., 

499. 

Ante, chap. 64. 
Post, chap. 151. 



ORDER ALLOWING SAM.^^ THAXTER &c £.7„ 9„ 1, FOR SURVEYING Y= 

SOUTH LINE. 

An Accompt presented by Major Samuel Thaxter of Expences & 
Time of him self & the Rest of the Committee that latel}' surveyed 
the South Line of the Province with the Order pass'd thereon in the 
House of Represent™* Viz, That the Sum of Seven Pounds nine Shil- 
lings & a Peny be allowed & paid out of y'' publick Treasury to Maj'' 
Sam" Thaxter y*' Accomptant to discharge the s'^ Accompt : [Read & 
concur'd]. \_Passed November 11. 



CHAPTER 122. 



Legislative 
Records of the 
Council, viii., 
500. Mass. 
Archives, 
Ixxi., 557. 



RESOLVE ALLOWING £.10, TO JN'' GREEN & A PENSION OF £.5, PER 

ANNUM. 

Upon reading a Petition of John Green of Brookfield Praying a 
Gratuity for Loss of Time & Smart of a "Wound received in her 
Majesties Service in his Right Arm to the total Loss of his Right 
Hand & an Annual Pension ; 

Resolved That There be -Allowed & Paid out of the Publick Treas- 
ury to John Green the Petitioner Five Pounds Smart-Money, with 
five pounds, for the year past, and Five pounds <gj annum for five 
year's next coming, if he Shall live So long. [^Passed November 11. 



Legislative 
Records of the 
Council, viii., 
500. 

Mass. 

A rchives, xi., 

305. 



CHAPTER 123. 

ORDER ON BROOKLYN PETITION IN REGARD TO A MEETING HOUSE 

AND MINISTER.' 

Upon reading a Petition of the Town of Brooklyn Praying an En- 
largement of Time for Settling of a Minister &c. 

Ordered that one Years Time be added to the first Grant for Build- 
ing of a Meeting House & Settling of a Minister. \_Passed November 12. 



CHAPTER 124 



Legislative 
Records of the 
Council, viii., 
601. Mass. 
Archives, 
Ixxi., 598. 

Ante, chap. 57. 



RESOLVE ALLOWING £.3,, 12, TO JOHN MILLS. 

A Resolve pass'd in the House of Represent'''' upon the Accompt of 
John Mills for four Loads of StraAv for y'' Soldiers Beds the last Sum- 
mer ; Viz, 

Resolved That the Sum of Three Pounds & twelve Shillings be Allowed, 
& Paid out of the Publick Treasury, to John Mills the Accomptant ; 

Read & Concur'd. \_Passed November 12. 

1 In the petition the town is called Brookline. 



[5th Sess,] Province Laws (liesolues, etc.), — 1709-10. 97 

CHAPTER 125. 

RESOLVE ALLOWING £.35 ,,0,^8, TO JOHN GERRISH. 

An Accojipt of John Gervish Gun Smith for Fixing up Arms Granada Legislative 
Powches, Belts & Swivels for two Great Swivil Guns Flints, Atalberts founcfi^ vfif,*' 
for the Castle, & other Utensils of War for her Majesties Service in the qqi. 
Province, Amounting to Thirty five Pounds & eight Pence, Was offered 
from the Representatives with the Vote of that House thereupon ; Viz, 

Resolved that the Sum of Thirty five Pounds «&; eight Pence be 
allowed & paid out of the publick Treasury to John Gerrish the Ac- 
comptant : 

Read and Concur'd. [^Passed November 12. 



CHAPTER 126. 

ORDER FOR PREACHING AT TIVERTON, ALLOWING 20/, <^ WEEK FOR Legislative 

THAT SERVICE. Records of the 

Couucil, viii., 
502. Mass. 

Ordered That the neighbouring Ministers be Desired, to Preach in ^^^^^^* 
their Turns, at Tiverton, untill the last of June next, or to Procure, the 



most Sutable Person, they can, for the Circumstances of that People /^os^' chap.' i68. 
And That twenty Shillings ^ week, be Allowed out of the Publick Records^of the 
Treasury, for that Service. \_Passed November 15. council, v., 



CHAPTER 127. 

RESOLVE RESPECTING THE SETTLEM^ OF A MINISTER AT FREETOWN, 
AND ALLOWING £.20, FOR THEIR ENCOURAGEM^. 

Upon application made of several of the Inhabitants of Freetown Legislative 
Praying the Assistance of this Court towards the Settling of a Gospel ^oy°^!?f "^j*^® 
Minister among them, Whereof they express them selves desireous ; 502. Mass. 

Resolved, That the good, & laudable Inclination of the Petitioners, be ^^^291!^^' 
Approved, & Encouraged. And They are Advised, to Proceed, without ^^^^^ " 

Delay, to Invite a learned orthodox Minister, to Reside amongst them Archives, xi., 

• ''91 *-?0*-^ 

And That the Sum of Twenty Pounds be Allowed, & Paid, out of the " ' 
Publick Treasurj', towards his Maintenance, when he has been there 
one year, Provided he be Approved of by three Setled Ministers of the 
neighbouring Towns. \_Passed November 15. 



CHAPTER 128. 

RESOLVE ALLOWING £.5, TO EDW» SHEAF & JOHN RUSSEL FOR 

FERRYAGE. 

An Accompt of Ferryage for Transporting of Soldiers in her Majes- Legislative 
ties Service over Charles River by Edward Sheaf & John Russel Ferry couSvuK® 
Men, Sent up from the Represent"'^' was Read & Voted a Concurrence 502. 3iass. ' 

A.rchivGS 

with the Resolve pass'd thereon in that House; Viz, ccxUv., 6-2 

Resolved That the Sum of Five Pounds be Allowed, & Paid out of Executive 
the Publick Treasury to the Accomptauts, in full of their Accompt. Records of the 
\_Passed November 15. ' '' 



98 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 129-132.] 



CHAPTEE 129. 



Legislative 
Records of the 
Council, viU., 
503. Mass. 
Archives, 
cxill., 548. 

^Mie, chap. 7S. 
Mass. 
Archives, 
111., VII, 123; 
cxill., 532, 544, 
545. 



VOTE ACCEPTING REPORT OF ENFIELD BOUNDS. [Passed November 17. 

\_Printed with resolves, orders, etc., ^'■granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTEE 130. 



Legislative 
Records of the 
Council, viii., 
504. Mass. 
Archives, 
Ixxi., 601. 

Ante, chap. 29. 



ORDER RESPECTING V POWDER HOUSE IN BOSTON. 

Upon a Memorial offered by Daniel Powuing Keeper of the Powder 
House in Boston, 

Ordered That his Excellency the Governour be Desired, to Appoint, 
Two able. Sober, &, Trusty persons, who Shall by Turns, constantly. 
Watch, & Guard, the Said House from Sun-Sett, to Sun Rise. 

And That a small convenient Watch House be Erected, in a proper 
place for their Entertainment. 

The charge to be paid out of the publick Treasury. [^Passed Novem- 
ber 17. 



CHAPTEE 131. 



RESOLVE ALLOWING £.21,, 13,, 3, SICKNESS CHARGES ON MAJOR TYNGS 

SOLDIERS. 



Legislative 
Records of the 
Council, viil., 
505. 



On the Accompt of Major William Tyng for Sickness Charges on 
several of his Soldiers ; 

Resolved that the Sum of Twenty one Pounds thirteen Shillings & 
three Pence be allow'd & paid out of the publick Treasury to the 
Persons under mentioned & in that Proportion in full of the Accompt 
annex'd ; To Wit 



To Jonath : Nutting 
To Josiah Parker 
To Df Sam'i Law . 
To Simon Crosby . 
To Zecha Hicks . 
To Tho : Bateman 



£.5„ 



4„ -. 
2„ 6. 
1 „ 10 ,, -. 

1./ lo;, -. 

7„ 14 „ 5. 



To Mercy Oliver . 
To D"- Sam" Frost 
To Ephraim Bemus 
To M'^ Sawtell . 
To M-- W-" Tyng . 



£.1 



12 „ 4 

l"l"-' 
1-11 ^ I, 

"12;:-, 



\_Passed November 1 7. 



CHAPTEE 132. 



AESOLVE allowing £.0 , 40/, TO JEDEDIAH DEWEY FOR A HORSE LOST 

IN THE SERVICE. 



Legislative 
Records of the 
Council, viii., 
505. Mass. 
Archives, 
Ixxi., 49i). 



[Upon reading] An Accompt of Jedediah Dewey of Westfield of 
an Horse lost in the publick Service going Post to Albany, presented 
by Sam" Patridge Esq'' 

Resolved That the Sum of forty Shillings be allowed & paid out of 
the public Treasury, in full for the horse abovenientioned to Samuel 
Partridge Esq' for the use of Jedidiah Dewey. \_Passed November 17. 



[5tii Sess.] Province Laws {Resolves, etc.). — 1709-10. 99 



CHAPTER 133. 

RESOLVE ALLOWING £.56,, 18/, FOR SNOW SIIOOES &c. IN THE COUNTY 

OF HAMPSHIRE. 

[Upon reading] An Accompt presented by Coll : Samuel Patridge Legislative 
of Snow Shooes repaired & fitted up for her Majesties Service in the councif, viii.,** 

Militia within the County of Hampshire under his Command at 2/. per ^^ 

Man according to an Act of this Court, And some new Snow Shooes 
provided, Amounting in the Whole to Fifty six Pounds & eighteen 
Shillings : 

Resolved that the Whole of this Accompt be allowed & paid out of 
the publick Treasury to Samuel Patridge P^sq'' for the Use of the Per- 
sons to whom It is due. \_Passed November 17. 



CHAPTER 134. 

RESOLVE ALLOWING £.11,, 17 „ 4, TO SA^^^ PATRIDGE ESQ« FOR SCOUT- 
ING FERRIAGE &c. 

[Upon reading] An Accompt presented by Coll : Samuel Patridge Legislative 
of Scouting within the several Towns of the County of Hampshire, coundf,vUi!r 
Ferriage & Horses &c ^ 

Resolved that the Sum, of Eleven Pounds seventeen Shillings & four 
Pence be allowed & paid out of the publick Treasury to Samuel Pat- 
ridge Esq"^ for the Persons & in the Proportions thereunder mentioned 
in full of the annex'd Accompt, To Wit, 

To John Preston for Ferriage £.2„ 7„ -. To John Kellog for Ferriage £.2„ .5„ -. 
To Sam" Smith for Ferriage . £.l„o,, 6. To John Miller for Ferriage £.-„ 3„ 10. 
To all the Scouting niention'd in this Ace' of Springfield Men in y^ Whole £.5„ 16 „ -. 

[Passed November 17. 



the 



CHAPTER 135. 

RESOLVE ALLOWING £.6„ 5, TO SAM^-i- PATRIDGE ESQ« FOR A HORSE 
SADDLES & OTHER THINGS LOST IN THE SERVICE. 

[Upon reading] An Accompt presented by Coll : Samuel Patridge Legislative 
of a Horse, Saddles and other Things lost in the publick Service ; coiinVif, vui., 

Resolved That the Sum of Six pounds and five shillings be Allowed, ^<'_j .^f>'*^- 
& paid out of the publick Treasury, to Sam" Partridge Esq"' for the ixxi., 594.' 
Persons, & in the proportion mentioned on the other side, in full, Mass. 
of the Ace" hereunto annexed, offered by s'' Samuel Partridge Esq^^ i^^xi^sas' 
\_Passed November 17. 

11 s d 

» To John Waite for a sadel 20^ 01 : 00 : 00 

To John Alline for a sadel : 20^ : . . . 01 : 00 : 00 

To Edward Alline for a sadel . • 01 : 05 : 00 

To Jonathan Hoite for a horse ' . .02:00:00 

To John Strong, or his Execuf or : Adminstrt' upon the accompt of the Loss I fli • 00 • 00 
of his gun J * ' 



100 



Pkovince Laws {Resolves, e^c). — 1709-10. [Chaps. 136-138.] 



Liegislative 
Records of the 
Council, viii., 
505. Mass. 
Archives, 
Ixxi., ."591. 

Mass. 
Archives, 
Ixxi., 592, 593. 
Executive 
Records of the 
Council, v., 
128. 



CHAPTER 136. 

RESOLVE ALLOWING £.6, TO WILLIAMS CLESSON & WELLS FOR ARMS 
&c LOST IN THE SERVICE. 

[Upon reading] An Accompt presented by Samuel Patridge Esq"" 
on Behalf of the Relations of Jonathan Williams, Matthew Clesson 
& John Wells slain in her Majesties Service of sundry Cloathiug a 
Horse & Arms then lost ; 

Resolved That the Sum of Six Pounds be Allowed & paid out of 
the publick Treasury, to Sam" Partridge Esq"" for the persons, & in 
the proportions mentioned on the other Side, in full of the accompt 
offered by y*" s'* Samuel Partridge Esq'' which is annexed.^ \_Passed 
November 18. 



CHAPTER 137. 



ORDER FOR MAKING UP Y^ MUSTER ROLL OF SLOOP PHCENIX. 



Legislative 
Records of the 
Council, viii., 
506. Mass. 
Archives, 
Ixiii., 141. 

Ante, chap. 75. 



Ordered That a muster Roll of the service in the Sloop Phoenix, 
be made up, & Signed by the principall officer Surviving. 

That the men, in, & belonging to her, at the time of her Capture, 
be paid for one month after that time in consideration of their good 
Behaviour in the Action. \_Passed November 18. 



CHAPTER 138 



RESOLVE ON COMMTees aCCT OF Y" CHARGE OF PHYSICIANS & CHIRUR- 
GEONS MEDICINE &c., ALLOWING £.253 „ 13 „ 7, TO THE SAID COMMtee 
FOR THE PROVINCE PART. 



Legislative 
Records of the 
Council, viii., 
607. 

Ante, chap. 31. 
Executive 
Records of the 
Council, v., 
129. 



[Upon reading] An Accompt presented by Peter Sergeant Esq'' in 
the Name of the Committee appointed by this Court to provide Phy- 
sicians & Chirurgeons for the Expedition intended to Canada, & to 
Agree with them for their Reward, & to supply Medicines «S:c for the 
Physicians & Chirurgeons, And Medicines by them provided accord- 
ingly. And the Wages & Cost of the same ; 

Resolved that the Accompt on the other Side^ be Allowed, And the 
Sum of Two Hundred fifty three Pounds thirteen Shillings «fe seven 
Pence (that Part of the Accompt which is due from this Province) 
be paid out of the publick Treasury to the Committee above men- 
tioned to discharge & pay the Accompt as it is due ; And that the 
said Committee be desired to take Care to dispose of the Chirurgeons 
Chests to the best Advantage they can, & Render an Accompt thereof 
to this Court at their next Session. \_Passed November 18. 



• To the Execuf, or administrators of Jonathan Williams Deces'' for a Gun . 01 : 00 : 00 

To the Execuf or Administrators of Mathevv Cleson Dcces^' for a Gun : 20^ 01 : 00 : 00 

for a sadell Lost in the sarvis 01 : 00 : 

for a horse Lost, viz : Killed in the sarvise 2" 02 : 00 : 

To the Execuf or Administrators of John Weells Deces'^ for a Gun : 20^ . 01 : 00 : 00 



' This account has not been found. 



£..6. 



[oTii Sess.] Province Laws {Resolves, etc.). — 1709-10. 101 

CHAPTER 139. 

RESOLVE ALLOWING £.5, TO HUGH PIKE & £.5, ^ ANNUM. 
Upon the Petition of Hugh Pike wounded iu her Majesties Ser- Legislative 

■yrincx Records of the 

^^^*^ Council, viii., 

Resolved That the Sum of Fiue Pounds be Allowed, & Paid out of 507. Mass. 
the publick Treasury to the Petitioner, for the year past, & fiue pounds ixxi., 600.' 
^ annum as a Pension for three years next coming. \_Passed Novem- j^te chap 36 
her 18. . • • • 



CHAPTER 140. 

RESOLVE ALLOWING £.5, TO THOS PHILLIPS & £.5, ^ ANNUM. 

Upon the Petition of Thomas Phillips of Boston Black smith Legislative 
wounded in her Majesties Service, Councif, viii.,^ 

Resolved That there be Allowed, & Paid out of the Publick Treas- fli.^]:^^'^^- " 
ury, to the Petitioner, five Pounds for the last year, & five Pounds an- ixxi, 564.' 
nually, as a Pension for three years to come. \_Passed November 18. 



CHAPTER 141. 

RESOLVE ALLOWING £.250, TO THE GOVERNS 

Resolved that the Sum of Two Hundred & fifty Pounds be allowed Legislative 
and paid out of the publick Treasury to his Excellency Joseph Dud- Councir, viii.,* 

ley Esq'' Captain General & Govern'' iu Chief of this her Majesties ^ 

Province for his Support in Managing the Affairs of the Governm'. ^"^<^> chap- ^■ 
^Passed November 18. Record s^of the 

Council, v., 130. 



CHAPTER 142. 



RESOLVE ALLOWING £.200, TO THE COMMISSARY GEN^-^ Legislative 

Records of the 
Council, viii., 

Resolved That the Sum of Two Hundred Pounds, be Allowed, & Paid so:. Mass. 
out of the Publick Treasury, to the Honorable Andrew Belcher Esq^ ccci,"!^' 



Commissary Generall, for his good Service, in the said office, the 3'ear Ante~cha^^~^ 

J. 1- — j.i_ _ • A^ Ai T_ _/? »__ __-^ i_-j_ r ji 1 IT 7 T^ Executive 

Records of the 
Council, v., 130. 



past, ending the nineteenth day of August, last. [Passed November 18. Exe('utive 

*^ ' ° J o 1 L Records of the 



CHAPTER 143. 



RESOLVE ALLOWING £.50, TO M'^ SECRY. AJDDINGTON. Legislative 

Records of the 

Resolved That the Sum of Fifty Pounds be Allowed, & Paid out of 508. Mass. ' 
the Publick Treasury, to the Hon'''*' Isaac Addingtou Esq"" for his ex- i^^i"605* 
traordinary Service for this Province, the year past. [Passed Novem- ^^^J^^^ 

ber 18. Records of the 

Council, v., 130. 



102 



Province Lam^s (Besolves, etc.). — 1709-10. [Chaps. 144, 145.] 



CHAPTER 144 



Legislative 
Records ot tlie 
Council, viii., 

508. 



RESOLVE ALLOWING £.15, TO M" JOHN WHITE. 

Resolved that the Sum of Fifteen Pounds be further allowed & paid 
Execu'ti'vT'*'*' '^^^ *^^ ^^® publick Treasury to M^ John White Clerk of this House for 
Kecords of tiie his Service the Year Curr' Ending in May next. [Passed November 18. 
Council, v., 130. o j l 



CHAPTER 145 



Legislative 
Records of the 
Council, viii., 
508. Mass. 
Arcliives, 
xlviii., 408. 

Executive 
Records of the 
Council, v., 130. 



MESSAGE ABOUT THE GOV^^ INTENDED JOURNEY TO THE PROVINCE 
OF MAYN. £.10, ALLOW'D THE GOV FOR HIS SAID JOURNEY. 

Upon a Message from his Excellency the Governour That he pro- 
poses in a short Time a Journey to the Province of Mayn upon the 
Affairs of this Government, And that Ten Pounds of the last Sum 
granted for his Expences on the like Occasion is not expended ; 

Resolved That the Sum of Ten Pounds be further allowed, & Paid, 
out of the Publick Treasury towards the charge of his Excellency's 
Journey. [Passed November 18, 



[6th Sess.] Province Laws {Resolves^ etc.). — 1709-10. 



103 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the First Day of February, A.D. 1709. 



CHAPTER 146. 



RESOLVE PRESENTING £.30, 



TO COLL. SCHUYLER FOR HIS VOYAGE TO 
G^ BRITTAIN. 



This House being acquainted That the Hon'''^ Coll. Peter Schuyler Legislative 
is about to embark for Great Brittain iu the Mast Fleet with four of councu^ ix.fi^ 
our good Friends the Maquas with Designs of Gen" Service for these Mass. 

'^ MO Archives, 

xxxi., 62. 



her Majesties Provinces ; 

Resolved That he be Presented out of the Publick Treasury with 
the Sam of Thirty Pounds, towards furnishing his Table, &, Conven- 
iences for the Said Maqvas, in their Voyage. 
In Council. 

Read and Concurr'd. \_Passed February 3. 



CHAPTER 147. 



ORDER ON A REPORT OF THE COMMITTEE ABOUT THE WORN OUT 

BILLS OF CREDIT. 

In Observance of an Order of the Govern'' & Council dated the 25'-'' Rlfordfof the 
of January past to us directed, impowering us a Committee to sort & council, ix., 4. 
take an Accompt of the Bills of Credit on the Province lying in the Archives 
Treasury, that are worn out defaced & rendered unfit fol- further Use ci., 375. ' 
& to prepare 
attended the 

in distinct Bundles, containing in Number, Sorts & Quantities as fol- Records of the 
lows, Amouuting in the Whole to the Sum of Five Thousand nine ' '' 

Hundred ninety seven Pounds, thirteen Shillings & seven Pence half 
Penny contained in seven Bundles ; viz. 



the same to be laid before the Gen" Assembly; AVe have Ante,c\\sx\^Am. 
said Work, Sorted Numbered & Made up the said Bills ETecutive' "'"*■ 



2433 
25.54 
3479 
2565 



2/ . . . £. 243,, 6.,-. 1663 . 

2/6 . . . £. 319,, 5 ,-. 632 . 

5/. . . . £ 869 „ 15 „ - . 42 . 

10/. . . . £.1282,, 10,,-. 43 . 

Parts of Bills 



20/. 

40/. 
31b 
51b 



£.1663,, - „-. 
£.1264,, - „-. 
£. 126,,-,,-. 
£. 215 „ - „ - . 
£. 14„17„/d. 



Signed John Foster 

Tho : Fitch El** Hutchinson 

Tho : Hutchinson, Edw'' Bromfield 
Read & Accepted &, 

Ordered That the Treasurer be Directed to bring them in to be burn'd. 
\_Passed February 4. 



104 



Province Laws (i?esoZ?;e5,ete.). — 1709-10. [Chaps. 148-150.] 



CHAPTEK 148. 



ORDER ON THE PETITION OF JN" YARN AM &c. OF DRACUT IN REGARD 
TO RESERVED LANDS OF THAT TOWN. [Passed February 6. 

Records^otthe \_Pnnted loitli resolves, orders, etc., '■'■ granting lands, establishing pre- 
couDcii, ix., 6. cincts and parishes, and determining territorial boundaries. "'\ 



Legislative 
Records of the 
Council, ix., 5. 
Mass. 
Archives, 
ci., 374. 

Ante, chap. 147. 
Post, chap. 171. 



CHAPTEK 149. 

RESOLVE DISCHARGING THE TREAS^ OF THE SUM OF £.5997 ,, 13 „ 7i, FOR 
BILLS WORN OUT DEFACED & BURNT. 

Pursuant to the Order of the third Curr' M"' Allen the Treasurers 
Clerk attended with the Bills of Credit reported by the Committee to 
be worn out defaced & of no further Use, which were burned in the 
Presence of the Council & t^pt Thomas P^itch & Cpt. Thomas Hutch- 
inson a Committee of the Representatives, being made up in seven 
Bundles, viz, 



2433 
2554 
3479 
2565 



2/ . 


. £. 243,, 6,,- 1663 . . 


20/ 


2/6 . 


. £. 319,, 5„- 632 . . 


40/ 


5/ . 


. £. 869,, 15„- 42 . . 


3:b 


0/ . 


. £.1282,, 10 „- 43 . . 


5ib 




Parts of Bills . 





£.1663,, - 
£.1264 „ - 
£. 126 , - 
£. 215 „ - 
£. 14„17 



7d- 



Amounting in the Whole to the Sum of Five Thousand nine Hundred 
ninety seven Pounds thirteen Shillings & seven Pence half Penny, W^^ 
lay in the Treasury as Vouchers of the Treasurers Accompts. 

Resolved That m' James Taylor Treasurer be and hereby is Dis- 
charged of the aforesaid Sum of Five Thousand Nine hundred Ninety 
Seven pounds Thirteen Shillings and Seven pence halfe penny. [^Passed 
February 7. 



CHAPTEE 150. 

ORDER ALLOWING DAVID JEFFRIES PETITION FOR ABATEM'"' OF TUNN^ 
OF THE PINK UNITY. 



Legislative 
Records of the 
Council, ix., 6. 
Mass. 
Archives, 
Ixiii., 145. 

Mass. 
Archives, 
Ixiii., 144. 



Upon reading a Petition of David Jeffries of Boston Mercli' Praying 
for an Abatement of the Demand of the Impost Officer of the Duty of 
Tunnage for the Pink Unity John Evans Master, being a New Ship 
built at Kittery & come hither to lade (never yet abroad) Making only 
Three Pounds fifteen Shillings Freight from Piscataqua, And that the 
said Officer be directed to clear the Ship without Requiring the said 
Duty of Tunnage 

Ordered That the Prayer of the Petition be Granted, And that the 
officer be Directed accordingly. [^Passed February 7. 



[6th Sess.] Province Laws {Resolved, etc.). — 1709-10. 



105 



CHAPTER 151. 

RESOLVE ALLOWING £.4, TO JN'^ GUSHING ESQ«. Legislative 

Records of the 
Council, ix., 7. 

Resolved that the Sum of Four Pounds be allowed & paid out of the .^„<e chap 121 
Publiek Treasury to John Gushing Esq' to defray the Charge of the Mass. 
Committee for Renewing the South Line with Commiss" from Rhoad 123!; "^'^^' "'' 
Island. \_Passed February 7. 



CHAPTER 152. 



Legislative 
Records of the 
Counfil, ix., 7. 

VOTE ELECTING SIR W^' ARSHURST AGENT FOR THIS PROVINCE. Archives, xx., 

127. 



Voted That the Hon*"'^ Sir William Ashhurst of London knight, be /'os/;, chap. iss. 
Elected, & Reqvested to Undertake the Service, of an Agent, for this Archives, xx.. 
Province, And That he be fully Impowered thereunto. \_Passed Feb- ^vVii^'e^ Le 

ruary S. islative itec- 

ords of the 

Council, viii., 
492,500,506; 
ix., 8. Sewall's 
Diary, 11., 273. 



CHAPTER 153. 



VOTE ALLOWING ACC^ OF CHARGE ABOUT THE PRESIDES HOUSE FOR Legislative 

REPAIRS &c. Records of the 

Council, IX., 8. 



An Accompt of the Committees Disburse in the Repairs of the House /w,' chap.' 154. 
appertaining to the President of Harvard College amounting to Twelve ^'-''f*: 
Pounds with the Representatives iviii., 274,'275; 

Vote thereon, Accepting & Allowing the same. cxxn., 343. 

Read &, Concur'd. \_Passed * February 8. 



CHAPTER 151. 

RESOLVE ALLOWING ACC^ OF CHARGE ABOUT THE PRESIDES HOUSE 

FOR REPAIRS &c. 



[Upon] A fitrther Accompt of the Repairs of the Presidents House Rgfordfof the 
amounting to Eleven Pounds one Shilling & two Pence approved by Council, ix., 8. 
the Committee, Excepting a Pump of three Pounds. Archives, 

Resolved That the sum of Eight Pounds, one shilling and two pence iviii-. '^74. 
be Allowed, & Paid out of the Publiek Treasury to John Leverett Esq"^ ^wie, chap. 153. 
upon the ace" on the other Side,^ to Defray the articles approv'd by the 
Coiuittee, \_Passed February 8. 

1 1708 An ace' of Disbursm" on the Presidents Tenem' in Cambridge. 

Paid to the Glaz'' for repairing the Glass . . . . . . £1 - 16 - 5 

For Stone toward repairing y« Cellar wall £ . - 12 - 

To John Lccor for Labour £ . - 13 - 9 

To Thomas Andrew the stone layer £1-17-0 

For Clay, Lime, brick & Tyle £1-3-6 

For boards 500 — and carting £1-0-6 

For Iron Work for the spout & Cellar doors . . . . £0 - 6 - 

for nails . . £ . - 12 - . 

1703. Payd Nath' Adams for a New Pump . . . . . . . £3 - 00 - 

11-01-2 
Err" Except'' J. Leverett. 

N. The pump was Sett & made new for M' Willard; I disburs'd y* money & was never 
reimburs'd. J. Leverett. 



106 



Province 'LA^\s (Resolves, etc.) . — 1709-10. [Chaps. 155-158.] 



CHAPTER 155. 



Legislative 
Records of tlie 
Council, ix., 8. 
Mass. 
Archives, 
Ixiii., 148. 

Mass. 
Archives, 
Ixiii., 149. 



RESOLVE ALLOWING £.6,2,, 6, TO THO. WILLIS, 

Upon the Petition of Thomas Willis of Medfield ; ^ 
Resolved That the Sum of Six Pounds, two Shillings, & Six pence be 
Allowed, & Paid, out of the Publick Treasury, to Thomas Willis the 
Petitioner, for his Servant, Peter Eeds his wages, abovesaid. \_Passed 
February 9. 



CHAPTER 156. 



Legislative 
Records of the 
Council, ix., 9. 



RESOLVE FOR PAYING 20/, PAID TO BENJ^ NUMPAS. 

Resolved, that the Commissary Gen" pay unto Benjamin Numpos 
twenty Shillings for his Gun broken & lost in the publick Service. 
\^Passed February 10. 



Legislative 
Records of the 
Council, ix., 9. 

Mass. 
Archives, 
Ixxi., 478-480. 
Executive 
Records of the 
Council, v., 167. 



CHAPTER 157. 

RESOLVE ALLOWING 30/, TO JOSEPH JACOBS. 

Resolved that the Sum of Thirty Shillings be allow'ed & paid out of 
the Public Treasury to Joseph Jacobs Constable in Lyn for the Ace" 
annexed of Conveying French Prisoners of War to Boston. \_Passed 
February 10. 



CHAPTER 158. 



DRAFT OF COMMISSION AND INSTRUCTIONS FOR THE AGENT TO BE 

FAIRLY ENGROST. 



Legislative 
Records of the 
Council, ix., 9. 
Mass. 

Archives, xx., 
129, 130. 

.(4m^e, chap. 152. 

Mass. 

Archives, xx., 
127, 128, 133-143. 
Legislative 
Records of the 
Council, ix., 
8 bis, 9, 10. 



(Seal.) 



The Draught of a Commission & Instructions for the Agent chosen 
by the two Houses this Session reported by the Committee appointed 
yesterday : 

[Commission.] 
Joseph Dudley Esq"" Captain General and Governour in Chief 
in & over Her Majesty's Province of the Massachusetts Bay in 
New England. To All unto whom these presents shall come Greeting. 
Know Yee That w^hereas the Great and General Court or Assembly 
in their present Session have Elected and Requested S'' William Ash- 
hurst of London Knight, to undertake the Service of an Agent for 
this Province of the Massachusetts Bay aboves*^ I do by and with the 
Advice and Consent of the Council & Assembly, accordingly hereby 
Constitute, appoint and fully Impower the said S'' William Ashhurst 
Agent as aforesaid, to Attend Her Majesty, the Right Hou*^'^ the Lords 
Commissioners of the Council for Trade and plantations, and other 
proper Boards in the Affairs of this Government, Accoi'ding to such 
Instructions as are herewith given him. And to Observe such further 
Instructions as from time to time he shall receive from myselfe or the 



' This should be Medford, as written in the petition and in the Legislative Records of 
the Council in the State Library. 



_[6th Se8s.] Province Laws (liesolves, etc.), — 1709-10. 107 

Governour for the time being with the Council & Assembly of the said 
Province. Given under my hand and the Common Seal of the Prov- 
ince aboves*^ At Boston the Tenth day of February 1709. In the Eighth 
Year of tlie Reign of our Soveraign Lady Anne by the Grace of God 
of Great Britain France and Ireland Queen Defender of the Faith &c. 

J Dudley 
By & w"' the Advice & Consent of the Council & Assembly. 
Is' Addington Secry. 

[Instructions.] 

Province of the Massach"* Bay — By his Ex''^' Joseph Dudley Esq' 
Captain General and Gov"' in Chief, with the Council & Assembly. 

Instructions for the Hon''''' S' William Ashhurst Kn' In pursuance 
of the Commission herew"' sent him, to be Agent, for the Province of 
the Massachusetts Bay. 

You are to Attend Her Majestys the R' Hon''''' the Lords Commis- 
sioners of the Council, for Trade & plantations, and others of the Minis- 
try of State, as you may think proper & necessary, w"" a Representation 
of the Circumstances of oure Affairs, relating to the War ; which we 
have humbly laid before Her Majesty, by our several repeated humble 
Addresses 

You are to set forth the great Distress, heavy Losses & Insupport- 
able Charge that has been drawn upon Her Maj'-^' good subjects of this 
Province, for the Necessary Defence of themselves, and Her Ma'^' In- 
terests, in the long continued War, both in the late & present Reign, 

And in most pressing manner humbly, to Represent the manifold 
Inconveniences & Dangers that this Province (more immediately) and 
the Adjacent Colony's are Expos'd to, by reason of the near Neigh- 
bourhood of the French in the Country's of Canada & Nova Scotia, 
and the great Annoyances & Depredations w'^'' have been made upon 
us by them, but more Especially by their Depend' Indians, in a Sculk- 
iug. Treacherous & barbarous manner. Tho by the favour of Almighty 
God, in the success of the Vigilant care, & the prudent Methods that 
have been taken of late Years for the security of our Frontiers, they 
have been much Defeated in their Designes & Enterprizes, and have 
not been Able to make such Impression on us, as they have formerlj'- ; 
but we have stood our ground, & not been driven in, Tho our frontier 
is of such Vast Extent, as Demands Constant strong Guards to Defend 
it, which have greatly aggravated our Charge 

You are to represent. That it is not to be Expected, That her Ma'^' 
subjects can Enjoy any settled repose & quiet; as long as the french 
hold those Country's in their hands, who are already become very 
Numerous & strong & Encreasing yearly. As also to represent the 
Unspeakable Advantages that will arise to the Crown, by Masts & 
Naval stores. Furs & Fishery, of all which there is so great Plenty 
there (and whereof the English Colony's are much thin'd) If those 
Country's were und'^ Her Majesty's Obedience, as well as the Increase 
of Trade. 

If Her JNIajesty in Her Royal Wisdom shall be Graciously pleased, 
in case the War Continue, to revive the last Years Intended Expedi- 
tion for the reduction of those Country's, as we have humbly prayed, 
at least for the reduction of Nova Scotia & Port Royal, which lyes so 
near to us, and is become a perfect Dunkirk, and Nest of Robbers ; Or 
if any Overtures, be made for Peace, & Articles of Treaty be brought 
forward, if y*' Rendition thereof to Her Majesty may be therein Inserted, 
& Insisted on (being Originally a British Colony) It will be of y*" last 
Consequence to these Her Ma'^' Colony's, And we desire you to Labour 
to Obtain y" same 



108 Province Laws (Resolves, etc.). — 1709-10. [Chap. 159.] 

You are to represent our Dutiful and Cheerful Obedience to Her 
Ma'^' Commands, for the last Years Intended Exped^^ our Troops 
standing under their Armes all the last summer and all other prepara- 
tions required on our part being in readiness The Charge whereof — 
Amounted to Upw'^' of Thirty Thousand pounds, which has so Aggra- 
vated our former Debt, that it now falls nothing short of One hundred 
Thousand pounds 

If it shall be Her Ma*^' Royal Resolution, to form a new Exped^°°, 
You are by all means to Endeavour to prevent any Augmentation of 
our last Quota for that service, which possibly some may Labour in, 
our Numbers the last Year, being as we Conceive beyond our Propor- 
tion w"^ our Neighbours, Especially Considering the manning & paying 
of almost all the Transports lay upon us, and at the same time we were 
Obliged to keep our Ordinary Guard of Six or seven hundred men on 
our Frontiers, & to rayse and Arme Two Vessels of War for Guarding 
of the Coast, which y*^ other Governments share in the benefit of. 

The Guards for New York Government are upon the Queens Estab- 
lishm' and the French & their Indians are Commanded by their Master 
to be Neutral on the side of Albany ; whilst the standing Charge of 
this Province Communibus annis, has been little, if any thing Short of 
Thirty Thousand pounds p Annum 

Our Extraordinary heavy Charge by reason of the pressure of the 
"War, whilst some of our Neighbouring Governm'' have felt But very 
little thereof, till of late ; has Occasioned a Considerable Number of 
Family's, and young able bodyed men to remove from this province 
into the Neighbouring Governm" to be Eased of Charge and free of 
Danger, by whom several Towns, have been raysed and peopled there ; 
Besides that for the Same reasons great Numbers have gone abroad 
by Sea and are Imploy'd in Her Majesty's service in Europe & else 
where, So that we are very much Decreased. 

You are to represent the Governm' well to her Ma'^ and the Ministry. 

And if any Complaints are or shall be made by y* Governments of 
Connecticott or Rhode Island referring to Limitts or Boundaries. We 
Desire you to move That we may be duely Notifj^ed & serv'd w"' a Copy 
of the Complaints, and have reasonable thne Allowed, to be heard, on 
ye head thereof, before any Order be made for an Alteration ; And in 
all other matters and thing's which may be moved against us. Endeavour 
to prevent any Determination in our prejudice. 

You are to Observe the Afore going Instructions & such others, as 
from time to time you shall receive from myselfe or the Gov' for the 
time being w"" the Council & Assembly 

And by all Opportunities Advise of what shall Occur w"" reference 
to this Governm', Or any thing relating to y" Affairs thereof.^ \^Passed 
February 11. 



CHAPTER 159. 

RESOLVE ALLOWING £.3, TO EDW" DURANT & 12/, TO DAN^-'- SMITH. 

Legislative Resolved that the Sum of Three Pounds be allowed & paid out of the 

CoundUxfo! Public Treasury to Edward Durant & the Sum of Twelve Shillings 

to Daniel Smith for their Service in Travelling & Sei'ving Warrants to 

summon in the Members of this House at the Beginning of this Session. 

\_Passed February 11. 

I A letter to Ashhurst \v;is also " dif^ested " at the same time in the name of the Court, 
to be signed by the Secretary. Tliis letter has disappeared. 



[6th Sess,] Province Laws {Resolves^ etc.). — 170D-10. 109 



CHAPTER 160. 

RESOLVE ALLOWING £.16,, 9„ 9, TO Y^ OVERSEERS OF Y^ POOR IN 

BOSTON. 

[Upon reading] An Accompt of the Overseers of the Poor of the Legislative 

Records of the 

Town of Boston of Expeuces for the Support & Burial of Thomas council, ix.,io. 
Cox the Support of Priscilla Smart from the 25"" of February, 1708. 
to the Eleventh Curr* being Eastern Persons driven in by the Distress 
of the War & other Charges on French Prisoners & a Captive amount- 
ing in the Whole to sixteen Pounds nine Shillings & nine Pence, 

Besolved that the Sum of Sixteen Pounds nine Shillings & nine 
Pence be allowed & paid out of the Publick Treasury to the Overseers 
of the Poor in Boston to discharge the above said Accompt. [Passed 
February 11. 



CHAPTER 161. 

RESOLVE FOR AN ALLOW^ TO CPT. ROBINSON & HARRADINE & CO. &c. 

Upon reading a Petition of Cpt. Eobinson of Glocester, Praying Legislative 
Consideration & Allowance for him self & Company for Damage in his conncii%°x.,io. 
Vessel Ammunition & Provisions, W^'' he supplied for them & Cpt. ^^^^^^ pg 
Harradine & Company in their Service performed by his Excellencies ixiii., 147.' 
Order in October last in Equipping & Manning out two Sloops to at- 
tempt the Taking a Vessel supposed to be a French Privateer, forced 
by a sore Storm to anchor off of Nahant Point. 

Resolved That there be Allowed and Paid out of the Publick Treas- 
ury to Cap' Andrew Robinson, and Capt : John Harraden, for their 
Service, & Expences, Twenty Shillings to each of them. 

To each man of their Companies Six Shillings, They Paying for 
their Provisions, & Ammunition. 

To the S*^ Robinson, & Harraden, for the Owners of each Sloop, 
Three Pounds. 

And That It be Intimated to the s*^ Comanders & their Companies, 
That this Court Remark, and well accept their Laudable forwardoesse 
in the service. \_Passed February 11. 



CHAPTER 162. 

RESOLVE ALLOWING £.20, TO M^- SAM^^ HUNT MINISTER AT DARTM®. 

Upon the Petition of M"^ Samuel Hunt Clerk : Legislative 

Besolved That the Sum of Twenty Pounds be Allowed, & Paid, out c^Xcu" fi^io. 
of the publick Treasury to the Petitioner, if he Continue in the work Mass. 
of the Ministry at Dartmouth ; the year next coming. [Passed Feb- xi^l'322f ^' 
ruary 11. p^gf^ ci^ap ^^g 



110 



Province Laavs {Resolves, etc.). — 1709-10. [Chaps. 163-165,] 



CHAPTER 163. 



ORDER ON ELIS^ KELLUMS PETITION IN REGARD TO REAL ESTATE' 
PURCHASED BY ELIHU WARDEL. 



Legislative 
Records of the 
Council, ix.,11. 
Mass. 
Archives, 
xvii., 244. 



Upon reading a Petition of Elisabeth Kellum Widow Relict & Ex- 
ecutrix of the last Will & Testament of Thomas Kellum of Boston 
Glazier Dec*^ Setting forth that Eiihu Wardell of Boston Carpenter & 
Sarah his Wife being impowered by an Order of this Court to make 
Sale of a certain House & Land scituate in the North-End of Boston 
devised to the said Sarah & her Heirs in Tail by her Grand-father 
Nath" Adams, the Produce thereof to be invested in some other Reall 
Estate to the Satisfaction of the Justices of the Superiour Court under 
the same Entail, W^'' said House & Land, the Petitioners Husband pur- 
chased of the said Elihu Wardell at the Rate of Ninety Pounds, And 
hath laid out a considerable Sum in the Repairs thereof, But the said 
Elihu & Sarah his Wife have hitherto neglected & still do neglect to 
purchase an P^state under Tail as afore said Praying that they may be 
compelled thereto by an Order of this Court : 

Ordered That the Justices of the Superiour Court, be Desired, To 
take care that Elihu Wardel make over his Interest, in a House & 
Land he has lately Purchased of Nathaniel Holms, lying at the South 
End of Boston, under the Same Taile mentioned in the Petition. And 
That the Register of Deeds, in the County of Suft'olke be Directed 
to Admit, no Record of Sale of the S*^ House, & Land, in any other 
manner. \_Passed February 11. 



CHAPTER 164. 



ORDER ON FREETOWN & SWANZEY PETITION AB^ THE COUNTREY 
ROAD OR HIGH WAY. 



Legislative 
Records of 
Council, ix 
Mass. 
Archives, 
cxxi., 141. 

Mass. 
Archives, 
cxiii., 498. 



the 
11. 



Upon a Petition offered by the Select Men &. many of the luhab'' of 
Freetown, & Swanzey Praying to be heard upon a Petition presented 
by Coll. Benjamin Church, Samuel Lynde Esq"" & Robert Durfee Pro- 
prietors of the Southerly Part of Freetown for the Alteration of the 
Countrey Road or High Way ; 

Ordered That the adverse Party be Served with a Copy of this Peti- 
tion, & That They have a Hearing on the Second Friday of next May 
Sessions, to Shew reasons if any they have, why the Praier of the 
Petitioners Should not be Granted. \_Passed February 11. 



CHAPTER 165. 



VOTE GRANTING TO CLEM. COCK A REVIEW OF A CAUSE AT LAW. 



Legislative 
Records of the 
Council, ix., 11. 

Mass. 
Archives, 
xl., 865. 



Upon reading a Petition of Clement Cock, Praying he may be En- 
abled to review a Cause heretofore tried between him & Joseph Hill 
Attorney to Anthony Penn, being without Remedy in the Course of 
the Common Law : 

Voted that the Adverse Party be served with a Copy of this Petition 
& to shew Cause if any he have, why the Prayer thereof should not be 



[6th Sess.] Province Laws (JResolves, etc.). — 1709-10. Ill 

granted, on the first Tuesday of the Session of this Court in May next. 
And that tlie Adverse Party be strictly forbidden to make any Strip 
or Wast of the Timber or Trees on the said Land in the Mean Time. 
[^Passed February 13. 



CHAPTER 166. 

VOTE ABATING TONN^ DUTY IN FAVOUR OF CPT. JN^ HOLMAN. 

A Petition of Cpt. John Holman Commander of the Ship Johnson Legislative 
Galley, of Loudon, Praying Consideration of his Service in Taking a coum'ii^ i*x ^'il 
French Privateer from Port Royal on this Coast, And that the Duty of ^^j7~; — '' — '- — 
Tunnage of the said Ship may be abated ; Read the 3"^ Curr' & Recom- Archives, 
mended to the Representatives ; And that House having past a Vote Exeiuit'ive 
that the Prayer of the Petition be granted ; J^«'^"*'''.'^Jj^ «* *^® 

Voted a Concurrence therewith. \_Fasi^ed February 13. ' '' 



CHAPTER 167. 



RESOLVE ALLOWING £.39,, 15 „ 8, FOR ATTEND* & NURSING OF SOLDIERS 
IN HER MAJTIE8 SERVICE. 

The following Accompt of sick Soldiers in her Majesties Service, Legislative 
sent up from the Representatives ; viz, couiot^fJx.aL 



To Matthew Perkins for sun- 






To D'' Palsgrave W^illington 








dries as per his Ace" to John 






as per Ace" of Admin" to 








Door in his Sickness 


£.4 


-„7. 


Sever 


£.9, 


7, 


6. 


To Thomas Smith for Nursing 






To Isaac Newell Charge of 








John Door 


1„ 


12 „ -. 


Burying two Men . . . 


1 , 


18, 


_. 


To Hanah Mace for Nursing 






To Joseph Harris for Peter 








D» Door 


1, 


8„- 


Rich 


1 , 


^< 


_. 


To Jno Staniford for Rum & 






To John Grove 


i; 


16' 


_. 


sugar for D" 


-^ 


11// 8 


To Elijah Danforth .... 


10, 


11 ; 


2. 


To Eleazar Foster to Docf & 






To Palsgrave Willington . . 


1 , 


3, 


_, 


Medicine for his Son 


- 


9 ,9 


To Lieu Coll. Goffe for Dis- 








To D'' Jn" Bridgam for Door 






bursements on the Sick 


3, 


5, 


-. 


& Grove 


_ 


1",,- 










To Amos Marret for Edw" 














Dear & Nath" Chapman . 


1. 


10,1 











Resolved by the House that the Sum of Thirty nine Pounds fifteen 
Shillings & eight Pence be allowed & paid out of the Public Treasury 
to the several Persons & in the Proportion above mentioned : 

W^*" Resolve being read at the Board was Concur'd. \_Passed Feb- 
ruary 14. 

CHAPTER 168. 

RESOLVE ALLOWING £.21, TO M« JOS. MARSH AND M« NATH^-i- FISHER, 

MINISTERS. 

Upon reading a Petition of M'' Joseph Marsh Minister, Praying an Legislative 
Order upon the Treasury .for the Sum of Ten Pounds & Eleven Pounds coiS,?x.!i3. 
for the Use of him self & M"" Nath" Fisher for their Service severally ^}^^^: 

\ rcliivcs XI- 

in the Work of the Ministry at Tiverton the Year past ; 319. ' 

Resolved That the sum of Twenty one pounds be allowed & Paid out ^H<e, chap. 126. 
of the publick Treasury to M' Joseph Marsh the Petitioner. [Passed ^^^^f-. 
February 14. 320. 



112 



Province Laws {Resolves, etc.). — 1709-10. [Chaps. 169-171.] 



CHAPTER 169 



ORDER APPOINTING A HEARING ON PETIT^ OF JOS. EATON FOR A NEW 
TRIAL IN AN ACTION IN REGARD TO THE COMMON LANDS OF TOWN 
OF SALISBURY. 



Legislative 
Recoi-ds of tlie 
Council, ix.,13. 
Mass. 
Archives, 
cxiii., 563. 

Mass. 
Archives, 
cxiii., 556, 558- 
561, 564. 



Upon reading a Petitiou of Joseph Eaton Ageut for the Freeholders 
Proprietors «fe Inhabitants of the Town of Salisbury within the County 
of Essex Praying that the said Proprietors of the Common Lands within 
the said Township of Salisbury ma}^ be Enabled by an Act of this Court 
to have a new Tryall of a Cause commenced & prosecuted against them 
by John Coy of Wenham Carpenter, the only Son & Heir of Richard 
Coy Dec'' at the Inferiour Court held at Newbury for the County of 
Essex in September 1706. 

Ordered That the Pef cause the Adverse party to be Served with 
a Copy of this Petition, to shew cause, to this Court (if any he have) 
why the Prayer thereof should not be Granted, upon the first Tuesday 
of the Session in May next. \_Passed February 14. 



CHAPTER 170. 



Legislative 
Records of the 
Council, ix., 14. 
Mass. 
Aj-chives, 
cxxi., 130. 

Ante, chap. 3. 
Mass. 
Archives, 
cxxi., 129, 130a. 



RESOLVE ALLOWING £.6„ 16 „ 4, TO JN" GRIFFIN. 

[Upon reading] An Accompt of John Griffin for Billeting Coll. Ap- 
pletons Troop, when the Enemy insulted Haverhill in August 1708 : & 
for Ferryage, & Subsisting Cpt. Lanes Troop amounting in the Whole 
to six Pounds, sixteen Shillings & four Pence, with a Resolve past 
thereon in the House of Representatives ; Read & Concurred ; viz. 

Resolved That the Sum of Six Pounds Sixteen Shillings, & four 
pence, be Allowed, & Paid out of the publick Treasury to M"" James 
Sanders for the use of John Griffin the accomptant in full of this and 
the annexd ace". \_Passed February 16. 



CHAPTER 171 



RESOLVE FOR EMITTING £.3000, BILLS AND PROVIDING A FUND AS 

SECURITY.' 



Resolved That the Treasurer, be, & hereby is Directed, & Impow- 



Legislative 
Records of the 

Council, ix., 15. ered, to Issue forth and Emit the Sum of Three Thousand Pounds, of 
Archives, ci., Bills of publick credit on this Province, that are or shall be received 

'^ into the Treasury, towards payment of the publick Debts of the Prov- 

.4nie, chap. 149. ince, already Contracted, and for the further growing charge, for the 
Defence thereof, for Supplying & Subsisting of the Province Galley, 
Forts, Garrisons, & Forces, Raised & to be raised, and imploied within 
the Same, and wages arising for their service, towards Defreying the 
charge of the late intended Expedition to Canada (So far as belong's 
to this Province) and the Purchasing, & P^qvipping, of a Sloop for the 
Guard of the Coast, pursuant to a vote of this Court, Pass'd the 4"' 
of Novem"' last ; For Payment of Grants, Salaries, & Allowances, 



' Printed in the notes to the Acts of the year 1709-10, Province Laws, i., 646; reprinted 
here, as important. 



[Gth Sess.] Province Laws {Resolves, etc.). — 1709-10. 113 

made and to be made, by this Court, according to Such Draughts as 
from time, to time, Shall be made upon him, by order of the Gov- 
ernour, by & with the Advice, & Consent of the Council And the s^ 
Bills shall Passe, out of the Treasury, at the value therein Expressed, 
eqvivalent to money & shall be Taken, & Accepted, in all publick Pay- 
ments, at the advance and after the rate, of five Pounds ^ cent. more. 
And That the Duties of Impost, «&; Excise shall be a fund & Secur- 
ity, for the Repayment, & Drawing in, of the s"^ Bills to the Treasury 
again. So far as that will reach, and as a further Fund, & security, for 
the same, for the Paying of Souldiers wages, and for Defreying, of the 
further necessary growing charge of the Province, the Defence of Her 
Majesty's Subjects & Interests within the Same, and support of the 
Government thereof, There be, & hereby is Granted unto Her Most 
excellent Majesty, to the ends & uses afores*^ a Tax of Three Thou- 
sand Pounds, to be levied on Polls & Estates, both reall & personall 
within this Province, according to Such Rules & in such proportion 
upon the severall Towns, & Districts, -within the same as shall be 
agreed, & ordered, by the Great and Geuerall Court or Assembly of 
this Province at their session in May anno 1713, And shall be paid in 
to the Treasurer on or before the last day of May anno 1714. [^Passed 
February 16. 



CHAPTER 172. 

RESOLVE ALLOWING £.3,;4„6, TO JAMES SABIN. 
rUpoN reading] An Accompt of Charges of James Sabiu expended l;^?*^'.^*^^!^. 

k,,-.,,. T -"f^ ,1. . , ^^ . ,• o • • 1 • o- 1 D Recordsofthe 

on A\ illiam Ives a Soldier m her Majesties Service m his Sickness & couucu, ix.,i5. 
for his Funeral amounting to Four Pounds seventeen Shillings & six Archives 
Pence, ixxi., 576. 

Resolved That the Sum of Three Pounds four shillings & Sixpence, 
be Allowed, & Paid out of the publick Treasury, to James Sabin the 
Accomptant, in full of the Acc° on the other side. \_Passed February 16. 



CHAPTEE 173. 

RESOLVE ALLOWING £.8 ,, 8 „ 4, TO W** BEAL FOR FERRYAGE.' 

[Upon reading] An Accompt of William Beal Ferry Man at York, Legislative 
of Ferryage of Soldiers in her Majesties Service & Horses, Couacii, ix., 15. 

Resolved That the Sum of Eight Pounds, eight Shillings & four ^^^^^^j^gg 
pence, be Allowed and Paid, out of the publick Treasury to Will'" ccxiiv., oi. 
Beale the Accomptant, in full for ferryage to this day. \_Passed 
February 16. 



HTTAPTET? 174 Legislative 

^n.^jrJ--CjX\. ±<^. Records of the 

Council, Ix., 16. 

MEMO ^ ORDK IN REGARD TO THE ESTABLISHMENT OF ANDOVER S" Archives, xi., 
PRECINCT. [Passed February 16. ^^ 



yln<e, chap. 102. 

[Printed ivith resolves, orders^ etc., ^^ granting lands, establisJiing pre- ^rc^hives ii. 
cincts and parishes, and determining territorial boundaries."'\ 183. 



lU 



Province Laws (Resolves, e^c.). — 1709-10. [Chaps. 175-178.] 



CHAPTER 175. 



liCgislatlve 
Records of the 
Council, ix., 17. 
Mass. 

Archives, xi., 
322. 



RESOLVE ALLOWING £.15, TO M« SAM^-^ HUNT. 



Upon the Petition of M'' Samuel Hunt 

Resolved That the further Sum of Fifteen Pounds be Allowed, & Paid 
Ante, chap. 162. out of the publick Treasury to the Petitioner, in full for his Service, 
for the Time past. [Passed February 1 7. 



Legislative 
Records of the 
Council, ix., 18. 

Ante, chap. 103. 
Executive 
Records of the 
Council, v., 
185. Sevvall's 
Letter Book, 
i.,390. 

Records of the 
First Church 
at Dorchester 
in New Eng- 
land, p. 222. 
Love's Fast 
and Thanks- 
giving Days of 
New England, 
p. 487. 



CHAPTER 176 



MESSAGE FOR A FAST. 



Cpt. Phips ^ & M^ Baleh two of the Representatives brought up a 
Message from the House, To desire that his Excellency «& the Council 
would please to appoint a Day in some short Time for a Publick Fast ; 
Which the Council agreed to. \_Passed February 18. 



CHAPTER 177. 



RESOLVE ALLOWING £.30 „ 11 „ 6, TO D^ ELLIS. 

Records'of the [Upon READING] An Accompt of Robert Ellis Chirurgeon for Medi- 
Councii, ix., 18. cines & his Attendance of several Soldiers & Sea-men in her Majesties 
Mass. Service the Summer past & Wages for his Servant George Pemberton 

Chirurgeon on Board the Sloop Phoenix a Guard Vessel to the Coast 
Cpt Miles Commander, Amounting to Thirty Pounds, eleven Shillings 
& ten Pence 

Resolved That the Sum of Thirty Pounds, eleven shillings & ten- 
pence be Allowed & Paid out of the publick Treasury to Robert 
Ellis, upon the Acc° within mentioned. \_Passed February 18. 



Archives, 
ccxliv., 59, 

Mass. 
Archives, 
ccxliv., 60. 



CHAPTER 178. 

RESOLVE ALLOWING £.40„17„8, TO ENOCH GREENLEAF. 

Recordrof the [Upon READING] An Accompt of Enoch Greenleaf Sadler of sundry 
Council, ix., 18. Stores supplied for the Use of the Regiments under the Command of 
Sir Charles Hobby & Coll. William Tailer, for the late intended Expe- 
dition to Canada, 

Resolved that the Sum of Forty Pounds seventeen Shillings and eight 
Pence be allowed & paid out of the Public Treasury to Enoch Gi'een- 
leaf the Accomptant in full of his Accompt on the other Side. 

The Shot Bags & Frogs to be rendered to the Commissary General 
the other Stores mentioned in the Accompt to be lodged with the 
Pouches at Castle William. [^Passed February 18. 



> "Fitch" in the Massachusetts State Library copy of Legislative Records of the 
Council. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1710-11. 



[115] 



LEGISLATIVE LIST^ 



I 7 I o- I I 



His Excellency JOSEPH DUDLEY, 

Captain-General and Governor-in-chief, etc. 

ISAAC ADDINGTON, Esq., 

SECRETARY op the PEOVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of the Massachusetts Bay; 



Wait Winthrop 
John Hathorne 
William Brown 
Elisha Hutchinson 
Samuel Sewall 
Isaac Addington 
John Phillips 
Jonathan Corwin 
John Foster 



Peter Sergeant 
Penn Townsend 
John Appleton 
John Higginson 
EsQRS. Andrew Belcher 

Samuel Patridge 
Edward Bromfield 
Ephraim Hunt 
Daniel Eppes 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly called 
the Colony of New Plimouth; 

Isaac Winslow ) Nathaniel Payne 

John Gushing j ^ * John Otis 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands ivithin the Territory formerly called 
the Province of Maine; 

Eliakim Hutchinson, Ichabod Plaisted & John Wheelwright, Esqrs. 

Of the Inhabitants of or Proprietors of Lands ivithin the Territory lying between 
the River of Sagadahock & Nova Scotia; 

Joseph Lynde, Esq. 

1 See Legislative Records of the Council, ix., 21-23. 
[117] 



118 Province Laws (Hesolves, etc.). — 1710-11. [Representatives.] 

For the Province, at large : — 
John Wallet & Nathaniel Norden, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

May 31, 1710 to April 26, 1710-11. 



Mr. JOHN CLARK, Speaker. 



County of Suffolk. 

Boston, . . . John Clark, Esq., 

Capt. Ephraim Savage, 
Capt. Thomas Hutchinson, 
Mr. James Barns. 

Boxbury, . . Mr. William Denison. 

Dorchester, . . Mr. Hopestill Clap. 

Hingham, . . Major Samuel Thaxter. 

Braintrey, . . Capt. John Mills. 

Dedham, . . Mr. John Fuller. 

Medjield, . . Mr. Henry Adams. 

Weymouth, . . Capt. Stephen French. 

Hilton, . . .Mr. Ephraim Tucker. 

Wrentham, . , Mr. John Blake. 

Mendon, . . . Mr. James Lovett. 

Brooklin, . . Mr. John Winchester. 

County of Essex. 
Salem, . . . Capt. Samuel Gardner, 

Capt. Jonathan Putnam. 
Ijiswich, . . . Col. Samuel Appleton, 

Mr. Abraham Perkins. 
Newbury, . . Mr. Cutting Noyes. 
Marblehead, . Capt. James Smith. 
Lyn, .... Mr. John Pierson. 
Andover, . . Mr. John Aisleby. 
Beverlee, . . Mr. Samuel Balch. 
Bowley, . . . Mr. Ezekiel Jewett. 
Salisbury, . . Capt. Joseph Eaton. 
Haverhill, . . Mr. John Hasseltine. 
Olocester, . . Mr. James Parsons. 
Toi^sfield, . . Mr. Tobijah Perkins. 
Boxford, . . . Mr. John Paybody. 
Weyiham, . . Mr. William Fiske. 
Amesbury, . . Mr. Moses Morrell. 
Bradford, . . Capt. Richard Kemball. 

County of Middlesex. 
Charlestown, . Capt. Nathaniel Carey. 



Cambridge, 
Watertown, 
Concord, . 
Woburn, . 
Beading, 



. Capt. Thomas Oliver. 
. Mr. Samuel Biggalow. 
. Mr. Benjamin Whittamore. 
. Mr. Joshua Sawyer. 
. Capt. Thomas Nichols. 



County of 

Sudbury, 

Marlboro, 

Newtown, 

Maiden, . 

Chelmsford, 

Billerica, 

Sherburn, 

Orotton, . 

Lancaster, 

Framingham, 



Middlesex — Concluded. 
Mr. Matthew Stone. 
Mr. Peter Rice. 
Mr. John Ward. 
Mr. John Greenland. 
Mr. Stephen Pierce. 
Mr. John Sternes. 
Mr. Eleazar Holbrook. 
Mr. John Farnsworth. 
Mr. Josiah Whetcomb. 
Capt. Joseph Buckminster. 



County of Hampshire. 

Springfield, . Col. John Pyncheon. 
Northam2')ton, , Mr. Ebenezer Pomroy. 
Hadley, . . . INIr. Daniel Marsh. 
Enfeld, . . . Mr. Samuel Terrey. 

Nantucket. 
James Coffin, Esq. 

County of Plimouth. 

Plimotdh, . . Major John Bradford. 
Scituate, . . Joseph Otis, Esq. 
Bridgeivater, , Mr. Joseph Hay ward. 
Marshfield, . . Mr. Isaac Little. 

County of Barnstable. 

Barnstable, . . Mr. Samuel Chipman. 
Eastham, . . Mr. Samuel Enowles. 
Yarmouth, . . Mr. Elisha Hall. 

County of Bristol. 

Bristol, . o . Mr. Nathaniel Blagrove. 
Taunton, . . Thomas Leonard, Esq. 
Behoboth, . . Mr. Timothy Ide. 
Swanzey, . . Mr. Ephraim Pierce. 
Dartmouth, , . Mr. James Samson. 
Little Comx)ton, Col. Benjamin Church. 
Attleboro, . . Mr. David Freeman. 

County of York. 
York, .... Mr. Arthur Bragdon. 
Kittery, . . . Mr. Nicholas Gowen. 
Wells, . . . Mr. Josiah Littlefield. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirty-first Day of May, A.D. 1710. 



CHAPTEK 1. 

ORDER FOR A COMM^ee tO CONSIDER ABOUT THE PUBLIC STORE OF 

PROVISION. 

Ordered that Cpt. Thomas Oliver, Coll. Samuel Appleton, Cpt. Na- ^|fJJ|g"^f ^j^g 
thaniel Gary & M"" Daniel Marsh be a Committee to join with such as couucif, fx., 26. 
the Hon''''' Board shall appoint to Enquire into the State of the Public pos«, chap. 20. 
Store of Provisions & Consider what further Quantities are needful Mass. 

Archives 

to be provided & the best Method to obtain tliem, And make Report ixxi., es-i' 
to this Court with what convenient Speed may be : And Elisha l^co^^g^of the 

Hutchinson, John Walley & Andrew Belcher Esq" are named of the Council, v., 211, 
Committee for the Affair above said, Elisha Hutchinson Esq' to ap- '^'^^" 
point Time & Place for the said Committees Sitting. \_Passed June 2.^ 



CHAPTEE 2. 



VOTE ON MIDDLEB0R6 PROPRIET^s PETITION, IN REGARD TO THE 
SUPPORT OF THE MINISTRY THERE. 

Upon reading yesterday a Petition of the Proprietors of that Pur- i^egisiative 
chase of Land lying on the Westerly Side of Namassaket River in the ^^^ctf, "i.^ae. 
Township of Middleborough, which was formerly purchased of the In- ^~^^^^~ 
dians by M' Thomas Prince, Cpt. William Bradford & Edward Grey, Records 9f the 
containing Twenty four Shares, One Share thereof granted for a Min- Records of "' ^^* 
ister. Praying that Share may be granted & confirmed to M"' Peter ^J^^^^^^^^^j.^ 
Thacher the present settled Minister of Middleborough, in Order to a orders, t?,T9. 
Settlement of the Thirty Acres of Land mentiou'd in the Petition. 

Voted that it be recommended to the Town & Proprietors of Mid- 
dleborough to make a good Provision of Laud within their Township 
as near & accomodable as may be for their Minister & that then it 
be further considered & determined by this Court to save one of the 
two Parcels either the Thirty Acre Share or the new Provision for the 
Ministry forever & the other for M"' Thacher their present Minister 
according as the Petitioners have prayed. [^Passed June 2. 

> The committee reported on the third day of June, 1710, and their report was accepted 
by both houses of the legislature on the same day, but there is no evidence of the governor's 
consent to the report. 

[119] 



120 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 3-6.] 



CHAPTER 3. 



RESOLVE FOR A FAST. 



Legislative 
Records of the 
Council, ix.,26. 

Post, ctiap. 59. 
Legislative 
Records of the 
Council, ix.,38. 
Records of the 
First Cluirch 
at l)or<'l\cster, 
p. -li-l. Love's 
Fast and 
Thanksgiving 
Days, pp. '281, 
487. 



Upon a Message from the House by Cpt. Savage, Cpt. Hutchinson 
Cpt. French & Cpt. Gardiner of the Representatives that a Publick 
Fast may be appointed upon Consideration of the awful Circumstances 
we are at present under particularly with Respect of the Drought, And 
that his Excellency & Council appoint a Time as near as may be for 
that Service. 

Resolved that the said Publick Fast be observed upon Thursday the 
fifteenth Curr' And a Proclamation drawn up accordingly & Advised. 
\_Passed* June 2. 



CHAPTER 4. 



RESOLVE ALLOWING 18lb. TO THE CAPTORS OF A CERTAIN SLOOP. 



Legislative 
Records of the 
Council, ix., 30. 
Mass. 
Archives, 
Ixiii., 157. 



The following Resolve past in the House of Representatives ; 
Read & Concur'd ; viz. 

Whereas this House are informed that her Majesties Sloop Ann 
has lately retaken from the P^nemy a Sloop that belongs to Coll. John 
Wanton of Rhoad-Island, For the Salvage whereof it is adjudged in 
the Court of Admiralty that the said Wanton pay Eighteen Pounds to 
the Captors ; 

Resolved That the S'^ Sum of Eighteen Pounds be Allowed, «& Paid 
out of the Publick Treasury, to the S'^ Captors. & the S** Wanton have 
his Sloop, rendred to him again. In consideration of his great 

forwardnesse, at diverse times to adventure himself in defence of the 
Coast. \_Passed June 6. 



CHAPTER 5. 



&c PETITION ABOUT POCASSET PURCHASE. 

[Passed June 6. 



Legislative ORDER ON JOS. WANTON 
Records of the 
Council, ix., 30. 
Mass_. 

wdiL^^ssI'. \^Printed ivith resolves, orders, etc., ^^ granting la7ids, establishing pre- 

^^^g^ ~~ cincts and jMrishes, and determining territorial boundaries."^ 

Archives, 
cxiii., 553. 



CHAPTER 6. 



Legislative 
Records of the 
Council, ix., 28. 
Mass. 
Archives, 
xxxi., 68. 



ORDER ON SIMON POPMENOT &c INDIANS PETIT^ & COMP^, APPOINTING 
A COMM"^™ TO ENQUIRE Y" IN & MAKE REPORT. [Passed June 7. 

\_Printed with resolves, orders, etc., ^'■granting layids, establisliing pre- 
cincts and parishes, and determining territorial boundaries."^ 



[1st Sess.] Province Laws {Resolves^ etc.). — 1710-11. 121 



CHAPTEK 7. 

RESOLVE ALLOWING £.10, TO Y= SEL. MEN OF DUNSTABLE FOR M« 

PARIS MINISTER. 

Resolved That the Sum of Ten Pounds be Allowed, & Paid out of ^If^'^ds of the 
the piibliek Treasury to the select men of the Town of Dunstable, for Council, ix., 31. 
the use of M"" Parris their minister, for his Service the last halfe year Archives, xi., 

ending the first of April last. \_Passed June 7. 326^ 

Post, chap. 83. 



CHAPTER 8. 

RESOLVE ALLOWING £.10, TO HENRY SEGER. 

Upon the Petition of Henry Seger, for his Charges disbursed to Legislative 
recover his Sou from the Enemy being taken Prisoner whilst in the coimdf.ix.^si. 
public Service, Mass. 

A rciii'VG s 

Resolved That the Sum of Ten Pounds be Allowed &, Paid out of ixxi., esv! 
the publick Treasury, to Henry Seager the Petitioner. \_Passed June 7. 



CHAPTER 9. 

VOTE LAYING OUT LAND TO THE MINISTRY OF THE SOUTH PRECINCT 

IN ANDOVER. 

^suANT to y^ Order of y^ Generall Court to us directed Wee the Legislative 
Subscribers haue been at Andouer y« 24"^ day of May 1710 & haue counc'if,ii!25. 
Layd out fifty four Acres of y® Lands Scittuate in y* Township of An- Mass. 

»/ */ %j */ X Arculv68 XI 

doner for y"^ vse of y^ Ministry or parsonage for y* Southerne (j?cinct. in 326. ' ' "' 



Manner following : Mass. 

Imp'' One peice Conteining fourteene Acres (Including w'^'in y^ same Archives, xL, 
y^ New frame sett up for y'' Ministry) for a homestead southward of 
y^ Meeting house. Bounded as followeth On ye westerne Corner with 
a great Rock, thence Running Easterly about fort}' Rods to a "White 
Oak tree Mark**, neer a highway, thenc Running Southwardly fifty & 
six Rods to a young White [Oak tree] Mark', & thenc Running west- 
ward to a 3'oung black Oak tree Mark' & thenc running Northward on 
a streight line to y* first Rock Mentioned 

A second percell of Land Conteining Eight Acres adjoyneing to y^ 
Lower End or Southerly End of y*" formeutioued peice & y^ Southerly 
End being bounded by two white Oak trees Mark' 

A third peice of Swampy Land & upland to Make Meadow ground 
of : about half one Mile Southeasterly from y^ second forementioued 
peice, Conteining twelue Acres, bounded at y*^ westerly Corner neer 
a Cai'tway with ablack Oak tree Mark' thenc Running Eastwardly 
about Sixty pole to a young white Oak tree Mark' thenc Running 
Southerly about thirty & two pole to a great white Oak tree Mark', 
thence running westerly about Sixty pole to a smale white oak tree 
Mark', & thenc Running to y^ first bounds Mentioned. 

A <|jjcell of Laud about half one Mile distant from y" Ministry house 
& Meeting house : Conteining twenty acres : bounded by a walnut bush 
on y® Riseing ground where a smith shop stood formerly : thenc Run- 
ning Northerly Seauenty Eight pole to a Smale white Oak tree Mark' 



122 



Province Laws {Resolves^ etc.), — 1710-11. [Chaps. 10-13. j 



thenc Running Southerly about forty pole to a black Oak tree Mark* 

thenc Running westerly Sixty two poles to the first bounds Mentioned. 

all which ,j)cels of Land were layd out in y'' ^sence of three of y* 

Select Men of Andouer «fe seuerall other Inhabitants of s*^ Towne who 



made Noe objection ags' y*" 
therewith. 



places, but exprest themselues Saltisfied 

Francis Wainwright 
Stephen Sewall 
Nehemiah Jewett 
Henry Somerby 



Read and accepted. \_Passed Jtine 9. 



CHAPTER 10. 

ORDER ABOUT THE DRACUTT ADDITION. [PassedJwie 9. 

legislative \_Printed ivith resolves, orders, etc., ^'•granting lands, establishing pre- 

Council, ix., 33. cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 11. 

RESOLVE ALLOWING £.4, & £.3, FOR 2 YEARS TO PET. RICH. 
Legislative Upon THE PETITION of Peter Rich of Salem, wounded whilst in her 

Records of the -,, . ri • 

Council, ix., 34. Majesties Service; 

Archives, Besolved That the Petitioner be Allowed out of the publick Treasury, 

ixxi., 623.' the Sum of Four Pounds as Smart money, & Three Pounds ^ year, for 

two Years next coming. [^Passed June 10. 



CHAPTER 12. 



RESOLVE ALLOWING £.3, TO EBEN^ HEDDEN. 



Legislative 
Tlecords of the 
Council, ix., 34. 
Mass. 
Archives, 
Ixxi., 628. 

Mass. 
Archives, 
Ixxi., 629. 



Upon the Petition of Ebenezer Hedding for Sickness Charges whilst 
in the Service 

Besolved That the Sum of Three Pounds be Allowed and Paid out 
of the publick Treasury to Ebenezar Hedden the Petitioner. [Passed 
June 10. 



CHAPTER 13. 



ORDER IMPOWERING ELEAN^ CHARD TO SELL LAND &c. 



Legislative 
Kecords of the 
Council, ix.,35. 



Upon reading a Petition of Eleanor Chard of Bridgewater Widow, 
Relict & Administratrix of Caleb Chard late of the said Town Dec*^ 
Setting forth, That her said Husband was indebted to sundry Persons 
& left very little Personal Estate, But had a Parcel of Upland of about 
Twenty four Acres, which he had baroained to sell in his Life Time 
towards Paying his Debts, Praying that she may be impowered to sell 



[IsT Sess.] Province Laws {Resolves, etc.). — 1710-11. 123 

the said Parcel of Land towards the Paym' of the Debts afore said, And 
be Enabled to make & execute a legal Deed of Sale for the same. 

Ordered that the Prayer of the Petition' be granted. [^Passed 
June 12. 



CHAPTEK 14. 

VOTE FOR A DISCH-^ TO THE TREAS«. 



The Accompts of M"" James Taylour, Treasurer & Receiver Gen'^ Legislative 
of this Province, beginning the 25"^ Day of May 1709 : & Continued couDciUx.S. 
unto the 31" of May 1710: Amounting unto the Sum of Seventy six 
Thousand three Hundred & fifteen Pounds & one Penny having been 
presented & laid before the House of Representatives & inspected by 
said House; By which it appears there was standing out on the 31" 
of May of the several Assessments, Ten Thousand six Hundred, ninety 
six Pounds one Shilling and seven Pence, As also of the Duties of 
Impost &c (as by Accompt rec*^ from M"" Daniel Russel Commissioner) 
Eight Hundred eighty six Pounds & three Pence, to be drawn into the 
Treasury & further to be accompted for ; 

Voted that the said Accompt in the several Articles of Receipts & 
Payments therein mentioned. Amounting unto the Sum of Fifty two 
Thousand one Hundred thirty one Pounds, ten Shillings & one Penny 
be & hereby are approved & allowed of ; And the said Treasurer is 
hereby discharged of the said Sum of Fifty two Thousand one Hun- 
dred, thirty one Pound, ten Shillings & one Penny. \_Passed June 13. 



CHAPTER 15. 

VOTE ON THE COMM^^es REPORT ABOUT ANDOVER, NORTH PRECINCT. Legislative 

\Passed June 14. Records of the 

"■ Council, ix., 36. 

INIass. 

\_Printed with resolves, orders, etc., ^'•granting lands, establishing pre- Archives, xi., 
cincts and parishes, and determining territorial boundaries. "~\ -^ 



CHAPTER 16. 

VOTE ON CPT. MORSE PETIT^ RELATING TO SURVEY OF LANDS TAKEN Legislative 

UP BY SAM"-!- GOOKIN &c. [Passed Jmie 14. Records 9f the 

•- Council, IX,, 36. 

Mass. 

\_Printed loith resolves, orders, etc., ^^ granting lands, establishing j^re- Archives, xiv., 
cincts and jMrishes, and determining territorial boundaries."'] - — '■ 

Archives, xlv., 
385. 



CHAPTER 17. 

RESOLVE ALLOWING £.10 ,, 16 „ 6, TO M'' SAMi-'' GALLOP. 

An Accompt of Charges arising upon the Imprisonment of Phillip Legislative 
Commings late Constable of Dartmouth, who died in Prison, Presented councif ix.*^ 3;, 
by Samuel Gallop Sheriff, amounting to £.10^,16^^6: Read &, Agreed ^^ass. 
with the Representatives in their Resolve pass'd thereon ; viz, ccxiivT, 69. 



124 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 18-20.] 



Resolved That the Sum of Ten Pounds and Sixteen shillings, & six 
pence, be Allowed & Paid out of the Publiek Treasury to the S** Sam- 
uel Gallop, the S** sum being added to the ordinary Tax Levied on the 
Town of Dartmouth. [^Passed June 14. 



CHAPTER 18. 



ORDER APPOINTING PENN TOWNSEND &c TO DEMAND THE PROVINCE 
WEIGHTS & MEASURES OF MADAM LIDGET. 



Legislative 
Records of the 
Council, ix., 38. 



The following Message in Writing from the Representatives ; Read 
& Concur'd : viz, 

This House having by a Committee made Inquiry after the Publiek 
Standards of Brazen Weights & Measures, & found that several of 
the said Weights are now in the Hands of Madam Mary Lidgett, 
Which she refuses to deliver or to shew ; 

Ordered that a Message be sent up to the Board, Desiring that 
effectual Care may be speedily taken to recover the said Weights & 
that they be delivered into the Custody of the Province Treasurer, 

Ordered that Penn Townsend & Edward Bromfield Esq""' be desired 
to repair to M" Mary Lidget & demand the Province Weights & Meas- 
ures in her Hands, formerly sent out of her Majesties Exchequer for 
the Service of the Government. \_Passed Jane 14. 



CHAPTER 19. 



Legislative 
Records of 
Council, ix. 
Mass. 
Archives, 
Ixxi., 627. 

Mass. 
Archives, 
Ixxi., 625. 



ORDER ALLOWING 3/9, #* WEEK <^ MAN FOR VICTUALLING THE GAR- 
RISON AT CASTLE W" ANNO 1710, AND A CONDITIONAL ALLOWANCE 
OF £.350, IN GROSS EACH HALF YEAR FOR TWO YEARS THEREAFTER. 

tjjg The FOLLOWING Order past in the House of Representatives upon the 

.38. Remonstrance of Zechariah Tuthill, Lieutenant of her Majesties Castle 

William relating to the Victualling of the Garrison there ; Read & Cou- 

cur'd : viz. 

Ordered That Three shillings & nine pence ^ week, ^ man, be Al- 
lowed, to the Remonstrant, for the year 1710, And That three Hun- 
dred & fifty Pounds be advanced to him, at the beginning of each halfe 
year, of the two years next coming if he Continues to victuall the 8*^ 
Garrison, and It Consists of the Same number. It now doth, the time 
to begin from the 18'^ Day of Dec"' last. [^Passed June 16. 



CHAPTER 20. 



ORDER DIRECTING THE COMMISSARY GEN''- TO PURCHASE 150 BAR- 
RELS OF PORK AT £.3 „ 15. 

Refords'of the Ordered that One Hundred & fifty Barrels of Pork beforthwith taken 

Council, ix., 38. up for the Scrvice of the Government by Warrant from his P^xcellency 

Ante, chap. 1. the Govcrnour directed to the sworn Packers of Boston nominatim 

ost,Q. ap.63. ^pQ^^ their View & Approbation at an indifferent Price for a quantity, 

not exceeding. Three Pounds fifteen Shillings, ^ Barrel ; And that 

they render the same to the Commissary Gen" for the Publiek Service 



:[lsT Sess.] Pkovince Laws (Ilesolves, etc.). — 1710-11. 125 

with an Accompt of the Names of the Persons owning the same, And 
that jM"" Commissary forthwith Pay for the same as he shall be Enabled 
■out of the Treasury. [^Passed June 16. 



CHAPTER 21. 



ORDER ABOUT THE CONTROVERSY OVER FRAMINGHAM & SHERBURN Legislative 

LAND. [Passed June 16. ^SL^.f^a. 

Mass. 

[^Printed u-l(h resolves, orders, etc., " granting lands, establishing pre- ^xru.^^484. 
cincts and parishes, and determining territorial boundaries."^ ' 



CHAPTER 22. 

RESOLVE ALLOWING £.6„ 6, TO M" JN^* ARMES. Legislative 

Records of the 
. Council, ix., 39. 

The following Resolve past in the House of Representatives in Mass. 
Favour of John Armes late Prisoner with the French at Canada, Read i^^xi.,^63o! 
& Coucur'd : viz, ^;jj^^^] 

Resolved That the Sum of Six Pounds, and Six Shillings, be Allowed, Archives, ii., 
& paid out of the publick Treasury to the Hon"*' Samuel Partridge Esq'' Legislative 
for the use of the s*^ Armes. [Passed June 17. Sundf, ?!! 37. 



CHAPTER 23. 

RESOLVE ALLOWING £..7 „ 13, TO M" W« GEDNEY AS CHARGE UPON F.R. 

PRISONS^ 



[^ William Gedney, Sheriff of the County of legislative 

IT-.- n iT^ T-. 1 o >-i > -1 • Records of the 

ich Prisoners of War; Read & Concur d : viz, council, ix.,.3a. 



Upon the Accompt of M'' 
Essex, for Charges on French 

Resolved that the Sum of seven Pounds & thirteen Shillings be 
allowed & paid out of the Publick Treasuiy to William Gedney the 
Accomptant, And considering that the whole Benefit of all Prizes taken 
accrues to the Captors, the House earnestly moves that effectual Care 
may be taken for the Future that the Province be not burtheued with 
any Charge by Prisoners imported. \_Passed June 17. 



CHAPTER 21. 

RESOLVE ALLOWING £.47,, 19, TO BE P"* COLL. NOTES FOR SNOW SHOOE 

MEN. 

Resolved That the Sum of forty Seven Pounds and nineteen Shil- Legislative 
lings, be allowed, & Paid out of the Publick Treasury, to Col: Thomas counc^if,ix.,40. 
Noyes, Five Pounds, & nineteen Shillings thereof , being for Seventeen ^j!^^:^gg 
men withinnamed at 7/ ^ man, who are provided with new Snow Shoes, ixxi., 498.' 
& Mogginsons, & the remaining forty two pounds for 420, men within- post, chap. 46. 
named, at 2/ ,^ man for those formerly provided. \_Passed June 19. ^r^hives li 

179. 



126 



Province Laws (^Resolves, etc.), — 1710-11. [Chaps. 25-28.] 



CHAPTER 25. 



Legislative 
Records of the 
Council, ix.,40. 

Archives, xi., RESOLVE APPOINTING A COMM^^e ab^ THE NEW PREC^ IN SALEM. 

3*1- [Passed June 20. 

Post, chap. 110. 

Archives xi. {^Printed loith resolves, orders, etc., ^'•granting lands, establishing pre- 

332-340. ' ' cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 26. 



RESOLVE ALLOWING £.18, TO JN^ WELCH FOR WAGES &c. 



Legislative 
Records of 
Council, ix 
Mass. 
Archives, 
Ixiii., 155. 

Mass. 
Archives, 
Ixiii., 156. 



the 
,40. 



Upon reading a Petition of John Welch late Master & Part Owner 
of the Sloop Sea-Flower, sent per this Court Express to England in 
the Year 1704 ; & had the Misfortune to be taken by the Enemy, with 
the Resolve past by the House of Representatives thereon; viz, 

Resolved That there be allowed, and Paid out of the Publick Treas- 
ury, to the Petitioner in behalfe of himself, & the rest of the late 
Owners of the Sloop Sea- Flower, for the Hire of the s"^ sloop, the Sum 
of forty Eight Pounds, and for wages for the Petitioner, his Son, &, 
servant, Robert Harloe, the Sum of Eighteen Pounds, and eighteen 
Shillings.^ 

In Council. 

Read and not Concurr'd to y* £.48. for Hire y^ Governm* having paid 
y^ full cost of y^ Vessell But Agreed to Eighteen pounds, as a Gratuity 
to the Petitioner for himselfe his Son and Servant. 
In the House of Representatives. 

Read, & Concurr'd. \_Passed June 20. 



CHAPTER 27. 

RESOLVE ALLOWING £.2„3, TO JN« KELLOG: & £.2„10, TO JOHN PRESTON. 
Legislative XJpoN THE AccoMPT of John Kcllog & John Preston Ferry Men in 

Records of the . ° "^ 

Council, ix., 41. Hampshire ; 

Archives, Rcsolvcd That there be Allowed, & Paid out of the publick Treas- 

ccxiiv., 68. ury. Two Pounds three Shillings & eightpence ^ to John Kellog, and 
to John Preston the Sum of Two Pounds, & ten Shillings in full for 
their Acc° of ferryage, abovementioned. \_Passed June 20. 



CHAPTER 28. 



RESOLVE ALLOWING 20lb. TO BE P» D« BOYLSTONE. 



Reforrts^ofthe Upon READING the Petition of Zabdiel Boylstone Surgeon, Praying 
Council, ix., 41. that this Court would direct «& order the Payment of the Ballance 
Archives, cv., of his Accompt, Which is Fifty one Pounds, fourteen Shillings & six 

60. 



> In the copy of the Le^rislative Records of the Council, ix., 36, in the State Library, 
what follows the word "Shillings" to the end is left out, evidently by mistake. 

» The resolve as preserved in Mass. Archives, ccxliv., 68, allows John Kellog £2. 3/ S'', 
but everywhere else the amount is £2. 3/. -, to wit, in Legislative Records of the Council, 
ix., 41, Executive Records of the Council, v., 250, and Mass. Archives, cxxii., 371. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1710-11. 127 

Pence, for Cure of Mary Lyon, grievously hurt & wounded in an ex- Mass. 
traordinary Manner, being assaaulted in tlie High Way ; Archives, cv.. 

Resolved. That the Sum of Twenty Pounds be allowed, and Paid, out 
of the publick Treasury, to the Petitioner, and what is further due to 
him to be paid by the Town, to which the wounded Person did belong 
at the time of her Hurt. \_Passed June 20. 



CHAPTEK 29. 

RESOLVE ALLOWING £.45 „ 3, TO SAM'-'' tERRY &c OF ENFIELD. 

Upon the Petition of the Select Men of P^nfield as to Cost & Charges, Legislative 
the Inhabitants of the said Town have been put to in their Prosecution counc'iUx.!42. 
of Windsor Men ; Archives 

Resolved That there be paid out of the publick Treasury to Samuel cxin., 543'. 
Terry, in behalfe of the Select men of Enfield, Thirteen Pounds, twelve Legislative 
Shillings. To S" Terry, for him self. Eight Pounds thirteen Shillings, ^^^cff, fi.Si. 
and to the s*^ Terry, for the persons hereafter named, the Sums follow- Mass. 

. t Archives, 

mg. viz' cxlll., 544, .545, 

Four Pounds eight Shillings, for Edmund Beman. ^i'ifievx^"^ 

Four Pounds, Six Shillings, for John Warner. Maps and' 

Four Pounds eight Shillings, for John Randall. Plans, iv., 6. 

Three Pounds, eleven Shillings, for Eben'' Jones. 
Six Pounds, five Shillings, for Ebenezar, Miller, in the whole the 
Sum of forty five Pounds, & three shillings. \_Passed June 20. 



CHAPTER 30. 



ORDER APPOINTING A HEARING ABOUT THE REHOBOTH PETITION FOR Legislative 

A NEW PRECINCT. [Passed June 20. r^nnHf?v*42 



Council, ix., 42. 
Mass. 



\^Printed with resolves, orders, etc., ^'■granting lands, establishing pre- Archives, xi., 



— - 387 

cincts and parishes^ and determining territorial boundaries."^ 



Post, chap. 138. 



CHAPTER 31. 

ORDER DIRECTING THE TREASURER TO PAY TO JABEZ HUNTER &c 
FOUR DEBENTURES. 

Ordered that Direction be given to the Treasurer to pay the four Legislative 
annexed Debentures, belonging to Jabez Hunter, Ambrose Boden councii%°x.*43. 
Daniel Low & Robert Harris, If he find them true & not paid ; viz, 
To Hunter £.2. 2. 8 : To Boden, £.2. 2. 10. To Low, £.1. 3. 5: And 
to Harris 30/. [Passed June 22. 



128 



riiOYiNCE Laws (^Resolves, etc.). — 1710-11. [Chaps. 32-34.] 



CHAPTER 32. 

ORDER FOR DELIVERING TO CHA. STOREY ESQ« 30/, IN BILLS FOR 2 
DEFACED BILLS OF CREDIT. 

Rifords'of the Ordered that the Treasurer take in two defaced Bills of 20/. & 10/. 
Council, ix., 44. to be disposed among the worn out Bills designed to be burnt &, deliver 

to Charles Storey Esq'' or Order a 20/. & 10/. Bill iu Lieu thereof. 

\_Passed June 22. 



CHAPTER 33. 

RESOLVE ALLOWING £.3, TO EBEN. POMROY. 

Records^of the Resolved that the Sum of Three Pounds be allowed & paid out of 
Council, ix., 44. tbe publick Treasury to M"' Ebenezer Pomroy, It being for his Service 
Executive iu Assisting the Enfield Men in the Law Suits, commenced against 
Counc-if, ?v.r^ them iu the Courts at Hartford with the Colony of Connecticut. 
5o' sf igo •' '^^' [ Passed June 22. 



CHAPTER 34 



RESOLVE ABOUT NEWBURY WEST PRECINCT. 



Legislative 
Records of 
Council, ix. 
Mass. 
Archives, 
xi., 306. 

Mass. 
Archives, 
xi., 305-318. 



jjjg In the Affair of the West Precinct in Newbury relating to the place 

,44. for Erecting a new Meeting House for the Publick Worship of God 

there, and to a Tax Levied in the said Precinct towards the Charge 

thereof heard before this Court the ninth of June currant. 

Resolved That Pipe Staffe hill in the West Precinct of Newbury is 
the most convenient place for the Establishing of a Meeting House 
for the whole Precinct, and was so considered by the Town in their 
first agreeing to Set off that Precinct. 

And that a Committee of the principal Inhabitants in the s** Precinct 
do forthwith attend the Rev** m' Belcher their present Minister & Ac- 
quaint him with the desire of this Court, That when a Meeting House 
shall be Erect*^ there, and a convenient Dwelling House near thereto 
for his reception with a sutable accommodation of Land for pasturing 
& otherwaies he be content to remove thither. 

And that a General Meeting be Summoned of the Inhabitants of the 
said Precinct to consider of and Vote the Levying of a Tax in equal 
proportion according to the Direction and Rules of the Law for defray- 
ing the charge of the aforesaid Buildings and Settlements, And make 
choice of three or five Assessors to Lay and apportion the same and a 
Collector to Gather it, and one or more Receivers to whome it is to be 
paid & Imployed to the use aforesaid. 

Resolved further That the Tax lately Levied in the s** Precinct for the 
building of a Meeting House and Ministry House and all proceedings 
had thereupon Be and hereby is Declared to be Illegal Null and void. 
And that all persons who have been Destrained for the Sum or Sums 
Sot upon them to the said Tax, have the same restored to them again, 
w"' y** necessary cost and charge they have sustained thereby. [Passed 
Jane 28. 



[1st Sess.] Puovince Laws {Resolves, etc.). — 1710-11. 129 



CHAPTER 35. 

ORDER APPOINTING HATFIELD & HADLEY HEARING. [Passed June 23. Legislative 

Uecords of the 
r-T^ .., , , .TT 7T-T. Council, ix., 45. 

\_Pnnte.a tcith resolves, orders, etc., ^'■granting lands, estcmishing x)re- Mass. 
cincts and jx^rishes, and determining territorial boundaries."^ cxhlIs^'. 

Mass. 

. Archives, 

cxiii., 566, 569- 
579.. 



CHAPTEE 36. 

RESOLVE FOR EMITTING £.13000, BILLS AND PROVIDING A SECURITY 

FUND. 1 

Resolved that the Treasurer be & hereby is Ordered & Impowered to Legislative 
Issue forth & Emitt the Sum of Thirteen Thousand Pounds of Bills of council", ix., 45. 
Publick Credit on this Province which are or shall be received into the p^gf c^ap. 4". 
Treasury towards Payment of the Publick Debts of the Province already 
contracted, & the further growing Charge for the Defence thereof, for 
the Supplying & Subsisting of the Province Galley & Sloop, Forts, 
Garrisons & Forces raised & to be raised & employed in the same, 
And Wages arising for their Service, For Payment of Grants Salaries 
& Allowances made & to be made by this Court, according to such. 
Draughts as from Time to Time shall be made upon him by Order of 
the Governour, by & with the Advice & Consent of the Council ; And 
the said Bills shall pass out of the Treasury at the Value therein ex- 
pressed Equivalent to Money, And shall be taken & Accepted in all 
Publick Payments at the Advance & after the Rate of Five Pounds p 
Cent, more ; 

And that the Duties of Impost & Excise shall be a Fund & Security 
for the Repayment & Drawing in of the said Bills to the Treasury again 
so far as that will reach ; 

And as a Further Fund & Security for the same, for the Paying of 
Soldiers Wages & for the Defraying of the further necessary growing 
Charge of the Province, the Defence of her Majesties Subjects & In- 
terests within the same & Support of the Government thereof. There 
be & hereby is Granted unto her most Excellent Majesty to the Ends 
& Uses aforesaid a Tax of Thirteen Thousand Pounds, Two Thousand 
Pounds thereof to be levied on Polls & Estates both Real & Personal 
within this Province according to such Rules & in such Proportion upon 
the several Towns & Districts within the same, as shall be agreed on 
& ordered by the Great & General Court or Assembly of this Province, 
at their Session in May 1713: And Eleven Thousand Pounds thereof 
in May 1714: And Two Thousand Pounds thereof shall be paid into 
the Treasury on or before the last Day of May 1714: And Elleven 
Thousand Pounds thereof on or before the last Day of November 
1714. [Pas,sed Jxjie 23. 

1 Printed in the notes to the Acts of the year 1710-11, Province Laws, i., 668; reprinted 
here, as important. 



130 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 37-40.] 



CHAPTER 37. 



^PPor?^"7fhP liESOLVE SETTLING THE LAND CONTROVERSY BETWEEN ATTLEBORO 
Council, i*x., 47. & REHOBOTH. {Passed June 26. 

Slass. _ y^ 

Archives, xi., \_Pnntea loitli resolves, orders, etc., '''•granting lands, establisJiing pre- 

cincts and parishes, and determining territorial bowidaries."'] 



CHAPTER 38. 

RESOLVE ALLOWING £.46 „ 1 „ 5, TO Y^ COMMt^e ABOUT AGREEING WITH 
CHIRURGEONS &c. FOR THE LATE INTENDED EPED^ TO CANADA; 
TREASB TO DEMAND Y= ABOVE SUM OF Y'^ GOV OF RHOAD IS". 

itlfordsonhe Resolved that the Sum of Forty six Pounds one Shilling & five 
Council, ix., 47. Pence be allowed & paid out of the Publick Treasury to the Committee 
Mass. appointed to Agree for Physicians Chirurgeons & Medicines for the 

«!xiw!^50 52 1^^^ intended Expedition to Canada to Compleat the Payment of their 
53. Accompt ; And that the Treasurer be directed to demand & 

receive of the Government of Rhoad Island, the said Sum of Forty 
six Pounds, one Shilling & five Pence, Which this Province has ad- 
vanced & paid on their Behalf for Medicines, Chirurgeons &c for the 
said Expedition. [_Fassed June 26. 



CHAPTER 39. 



ORDER FOR LAYING OUT FREETOWN NEW HIGH WAY. 



Legislative 
Records of the 
Council, ix., 47. 
Mass. 
Archives, 
cxxi., 140. 

Mass. 
Archives, 
cxiii., 408; 
cxxi., 138, 141. 
Legislative 
Records of the 
Council, ix., 34. 



In the Affair of Freetown relating to the Upper Rhoad or High- 
Way thro that Town leading from Fall River Northerly to Taunton ; 

Ordered, That the Upper Road or Highway proposed to be laid out 
to Freetown be Establish'd. And that the Court of General Sessions 
of the Peace be directed Effectually to proceed to the Laying of it out 
as the Law directs 

And the Lower way to remain open notwithstanding. \_Passed 
June 27. 



CHAPTER 40. 



RESOLVE ALLOWING £A„ 10, TO SAM}-^ PATRIDGE ESQ» &c FOR RUNNING 
Y^ SOUTH'-^ BOUNDS OF ENFIELD & SUFFIELD. 



Legislative 
Records of the 
Council, ix., 48. 
Mass. 
Archives, 
ccxliv., 67. 



Upon an AcCompt of Samuel Patridge Esq"" for him self & others, 
Expences in Running the Southerly Bounds of Suffield & Enfield : 

Resolved That the Sum of Four Pounds ten Shillings be Allowed and 
Paid out of the Publick Treasury, to Samuel Partridge Esq"" for himself 
Joseph Parsons, & Samuel Porter Esq'' being Thirty Shillings for each 
of them, in consideration of their Service abovementioned. [^Passed 
June 27. 



[1st Sess.] Province Laws (lieso Ives, etc.). — 1710-11. 131 



CHAPTER 41. 

ORDER ON BENJ'^ HALEWELL & FRANCES MORSE PETITION TO BE 
RELIEVED FROM A BOND. 

Upon reading the Petition of Benjamin Halewell & Frances Morse Legislative 
Administratrix of the Estate of Benjamin Morse Dec*^ Praying to be coumif ix.*48 
relieved from a Bond wherein they became Surety for John Thwing '^^^ — ' — ' — 
Dec'' for Paying his Brother & Sister their Portions of the Estate of Arciilves, 
their Father John Thwing Dec'' his House & Land being forfeited & 252^'ioit^''^'' 
recovered upon Mortgage at the Suit of John Green of Boston Cooper ; 

Ordered that the Fifty Pounds' or so much as is justly due from the 
said Green upon his Accompt to be made up with the Judge of Probate 
after the said Judgement & Charges are satisfied be delivered unto 
the Judge of Probate within the County of Suffolk, And after the just 
Debts of John Thwing Mariner Dec'' be discharged, The Surplusage 
or remaining Part of the said Money shall be distributed in rateable 
Parts to & among the Children of the said John Thwing the Elder ; 
Having Consideration of what each of them received of their Brother 
John Thwing in his Life Time towards their Parts ; And that 

the said John Green & the Petitioners shall be discharged of all & all 
Manner of Demands from any Person or Persons upon the Estate of 
either of the aforesaid Thwings. [^Passed June 27. 



CHAPTER 42. 

RESOLVE ALLOWING 20/, ^ WEEK TO M" TUFT MINISTER OF TIVERTON. Legislative 

Records of the 
Council, ix., 49. 



Resolved that the Sum of Twenty Shillings per Week be allowed & 
paid out of the Public Treasury to M'' Thomas Tufts, for Half a Year, Legisiat'nc 
(If he continue so long) in the Work of the Ministry at Tiverton. R«coiMs of the 

rn 1 T en Council, ix., 46. 

\FaSSed June 28. . Executive 

Records of the 

Council, v., 255. 

CHAPTER 43. 

ORDER ALLOWING £.100, FOR THE BUILDING WINT^ HARB« FORT. 

Upon the Committees Accompt of Disbursements for Building of Leffisiative 
Fort Mary at Winter Harbour ; g^^j^^cfi" \l%. 

Ordered that the Committee be directed to exhibit the Vouchers of : " 

the Payments made by them to this Court at their next Session, And 
that in the mean Time One Hundred Pounds be allowed & paid out of 
the Publick Treasury to the Survivours of the Committee named on 
the other Side ; viz. Mess''' John Wheelwright & Lewis Bane towards 
Enabling them to discharge the Debts remaining u[n]paid. \_Passed 
June 28. 

1 Green had admitted that he had "in his hands, about Fifty Pounds after satisfying 
the judgment " in his favor. Mass. Archives, xvii., 246. 



132 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 44-47.] 



CHAPTEK 44. 



Legislative 
Records of liie 
Council, ix., 50. 



RESOLVE ALLOWING £.3, 



#* MO TO A L'^ & 40/, 
VESSEL OF WAR. 



TO A GUNNER OF A 



The present Establishment for Vessels of War under Ninety Tuns, 
& not less than Fifty Tuns, Making no Provision for a Lieutenant but 
Allowing the greater Pay to the Gunner as being second in Office, 
Which may prove inconvenient for the Service in Case of the Captains 
Disability ; 

Resoloed that the Sum of Three Pounds per Month be Allow'd to a 
Lieutenant «fe Forty Shillings per Mouth to a Gunner on Board the 
said Vessels. \_Passed June 28. 



CHAPTER 45. 

Legislative ORDER ON MENDON PETIT^* AW LAND FORMERLY GRANTED TO M« 

Records of the n a -iTrorMVT rr, IT i'.r. 

Council ix. 50. RAWSON. [Passed June 29. 

Mass. 

cxiii., 550. \_Printed With resolves, orders, etc., '•'• granting lands, establisliing pre- 

cincts and parishes, and determining territorial boundaries."^ 



CHAPTER 46. 

RESOLVE ALLOWING £.67, TO COLL. TYNG FOR SNOW SHOOE MEN. 

Records^of the Upon AN AccoMPT presented by Coll. Tyng of the Snow-Shooe Men 

Council, ix., .50. within his Regiment ; 

Ante, chap. 24. Resolvcd that the Sum of Sixty Seven Pounds be allowed & paid out 
of the Publick Treasury to Coll. Jonathan Tyng to discharge the Ac- 
compt of Snow Shooes on the other Side. [Passed June 29. 



CHAPTER 47 



Legislative 
Records of the 
Council, ix., 51. 
Mass. 

Archives, ci., 
377. 

Ante, chap. 36. 
Post, chap. (50. 
Mass. 

Archives, ci., 
378. 



VOTE ON THE COMM^ees REPORT ABOUT METHODS TO PREVENT COUN- 
TERFEITING BILLS OF CREDIT. £.25000, BILLS TO BE IMPRINTED.' 

In Observance of the Order of Court appointing us a Committee to 
Consider of and propose what may more effectually prevent the Coun- 
terfeiting of the Publick Bills of Credit. 

We are humbly of Opinion That the great Plate upon which there 
is two Twenty Shilling bills, That the said two Twenty Shilling bills 
be altered on the Plate. Viz' one to be made. 50' and the other four 
Shillings. 

That there be no red Scrowle in the body of the bills contained on 
the small plate. 

That Twenty five Thousand pounds in Bills be forthw"' Imprinted 
and delivered to the Treasurer, to Remain in his hands until Order 
from this Court to Emit them. 

Elisha Hutchinson, ^ ord' of y^ Coinitte 

> Printed in the note to the Act of November 4, 1710, Province Laws, i., 667; reprinted 
here, as important. 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1710-11. 133 

In the House of Representatives Read & Accepted. & That one 
Thousand Pounds, be made upon the Small Plate, Twenty Thousand 
Pounds, upon the middle plate, & four Thousand Pounds, upon the 
great Plate. 

And That the Coinittee, that made the last Bills be desired to make 
these, as Soon as may be, «fe upon the same Terms. 
In Council 

Read and Concurr'd. \_Passed June 29. 



CHAPTEK 48. 

RESOLVE ALLOWING £.250, TO HIS EXC^ THE GOV«. 

Resolved That the Sum of Two Hundred and Fifty Pounds be Legislative 
Allowed, and Paid out of the Publick Treasury, to his Excellency ?oimcn,ix.!5i. 
Joseph Dudley Esq'' Capt: Generall, & Governour in chief, of this Mass. 

AroiiivGS 

Her Majesty's Province, for his Support in Mauagmg the Affaires, ccci., 76. ' 
of the Government. [^Passed June 29. post, chap. 12l 



CHAPTEE 49. 

RESOLVE ALLOWING £.40, A PIECE TO WAIT WINTHROP ESQ« &c 
JUDGES OF ¥*■ SUP'^ COURT. 

Resolved That there be Allowed, and Paid out of the Publick Treas- Legislative 
ury, to the Hon^'« Wait Winthrop Samuel Sewall, John Hathorne, Jon'' coimcu! ^x.^i. 
Corwin, & John Walley Esq" to each of them the Sum of Forty Pounds Mass. 
for their Service as Judges of the Superiour Court of Judicature the ^tol/^I!' 
Year currant, ending the 10"^ of July next. \_Passed June 29. 



CHAPTEK 50. 

RESOLVE ALLOWING £.225, TO M" JA. TAYLOUR TREAS^. 

Resolved That the Sum of Two Hundred and Twenty five Pounds be Legislative 
Allowed, (fePaid out of the publick Treasury to W James Taylor, council! ix.fsi. 
Treasurer of this Province, for his Service in the Said office the year Mass. 
past. \_Passed June 29. ccclIVt. ' 



CHAPTER 51 



RESOLVE ALLOWING £.1."), TO M" JOHN W^HITE. Legislative 

Records of the . 

Resolved That the Sum of Fifteen Pounds be Allowed, & Paid out Mass. ' "' 
of the Publick Treasury to John White, Clerk of this House, in part ^^cLfrs.^' 
for his Service the year currant. \_Passed June 29. post\\mv> 124. 



134 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 52-55.] 



. CHAPTEE 52. 

RESOLVE ALLOWING £.30, TO JAMES MAXWELL. 

BifoiKf the Resolved That the Sum of Thirty Pounds be Allowed, & Paid out of 
Council, ix., 5-2. the pubHck Treasury to M' James Maxwell Doorkeeper to his Exeel- 
Archives lency the Goveruour & this Court, for his Service the year past, end- 

ccci., 77. ' iug the eighth Day of the present month. [^Passed June 29. 



CHAPTEE 53. 

ORDER ON THE PETITIOIiT OF NATH'i- KANE ABOUT LAND OF HIS 
TAKEN FOR A HIGHWAY. 

Records o? the Upon READING a Petition of Nathaniel Kane of Kittery Praying Con- 
Couiicii, ix., .52. sideratiou for a Common Road or High Way laid through this Land 
from the Bank Ferry, to the Ferry at York, Occasioning him extraor- 
dinary Charge in Fencing ; 

Ordered that the Two next Justices cause the Sheriff to summon a 
Jury to enquire into the Value of the Land taken from the Petitioner 
for the said High Way or Road, & the Charge «&; Damage occasioned 
thereby, And Report the same to this Court at their next Session, 
Consideration then to be had how the same shall be paid. [^Passed 
June 29. 



Legislative 
Records of the 
Council, ix.,52. 
Mass. 
Archives, 
Ixxi., 636. 

Executive 
Records of the 
Council, v., 251. 



CHAPTEE 54. 

RESOLVE ALLOWING 50/, TO SAM'-i- BLOGGETT. 

Upon reading a Petition of Samuel Blogget of Woburn, Praying 
Payment for his Disbursements on his Son William Blogget taken 
sick whilst in her Majesties Service the year past & removed to his 
House ; 

Resolved That the Sum of Fifty Shillings be Allowed, & Paid out 
of the publick Treasury to Samuel Bloggett the Petitioner. \_Passed 
June 30. 



CHAPTEE ^5. 

ORDER ON COLL. CHURCH'S PETITION TO BE RELIEVED FROM AN 

ASSESSMENT. 



Legislative 
Records of 
Council, ix 
Mass. 
Archives, 
xxxi., 73. 

Mass. 
Archives, 
xxxi., 74. 



the Upon reading a Petition of Coll. Benjamin Church complaining, that 
,62. in the Year 1708 : the Assessors of Freetown set a Rate of Forty odd 
Shillings upon him for Land & Stock improved by the Indians, neither 

Occupied nor Leased by him self. And he having no Stock in the Town, 

Of which he informed the Assessors, But they would not remitt the 
same. Whereupon he applied to the Sessions, but could not obtain 
Relief, And then made his Appeal to the Sup' Court, who refused to 
hear it as Coram non Judice ; 

Ordered, That a Hearing, of the case mentioned in the above Peti- 
tion, be Granted, in the Nature of an Appeal, before the Superiour 
Court of Judicature, at their Session, in the County of Bristol], in 
Sepf^ next. \_Passed June 30. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1710-11. 135 



CHAPTEE 5Q. 

ELIZA: KELLUMS PETITION & ORDER THEREON. 

Upon reading the Petitiou of Elisabeth Kellum Execut" of the last R^^^rds'of the 
Will & Testament of Thomas Kellum Glazier Dec*^ Setting forth that council, ix., 53. 
Elihu Wardell of Boston Carpenter & Sarah his Wife being impowered Mass. 
by an Order of this Court at their Sesion begun the twenty sixth of xvn"2^' 
October 1704 : to make Sale of a House & Land in Boston devised to Legislative 
the said Sarah & her Heirs in Tail by her Grand-father Nathaniel Adams counc'if,ix.!n. 
Dec*^ And to invest the Produce thereof in some other Reall Estate to 
the Satisfaction of the Justices of the Superiour Court under the same 
Entail ; The said House & Land the Petitioners Husband purchased 
in his Life Time, & hath expended considerable Sums upon the Repairs 
thereof ; But the said Elihu Wardel hath neglected & still doth neglect 
to perform the Condition of the aforesaid Order ; viz, To invest the 
Proceeds of the aforesaid Sale in other Real Estate, under the afore 
said Tail ; 

Ordered that all the Housing & Lands of the said Elihu Wardel w'^^ 
he is now siezed of in his own Right be & hereby are made & declared 
subject to the aforesaid Tail, Not to be by him alienated or disposed 
of, until he have performed the afore recited Order in Manner as is 
thereby directed And that no Deed or Deeds to be by him made or 
executed for the Passing, Setling or Conveying the same otherwise 
than under Tail as aforesaid; viz. To the Heirs of the said Sarah, 
shall be deemed or held good in Law or be put on Record ; 

And the Petitioner Elisabeth Kellum is allo'vf ed to imprint this Order 
to INIake it Publick, & to file it in the Registers Offices of the respec- 
tive Counties. \_Passed June 30. 



136 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 57,58.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the -Session begun and held at Boston, 
ON THE Nineteenth Day of July, A.D. 1710. 



CHAPTEK 57. 



Legislative 
Kecorde of the 
Council, ix.,57. 
Mass. 
Archives, 
xlviii., 417. 



ORDER ADJOURNING ALL HEARINGS. 

Ordered^ That all Hearings and other matters put over and continued 
from the last Session of this Court, to have da>' in this present Session, 
be further Adjourned and continued unto the next Session for the Ordi- 
nary Occasions of the Province ; To be attended and pi'oceeded in on 
the same day of the weeke and of the Session whereto they respectively 
now stand. \_Passed July 22. 



CHAPTER 58 



Legislative 
Records of the 
Council, ix., 59. 
Mass. 
Archives, 
Ixxi., 648. 

Post, chap. 67. 
Legislative 
Records of the 
Council, ix., 58. 



C0MMTEE9 REPORT CONCERNING STEPS TO BE TAKEN IN THE EXPE- 
DITION.' 

Y^ CoMiTTEE in answer to y® aboves'' Order ^ having Waited upon 
y* Hon''''' Coll' Nicholson received this answer from him. That if we 
should raise y^ Same number of men we did y^ Last year with Suffi- 
cient Transports & provisions for two months is what answers her 
Majesties demands from us at present. And The Comittee are here- 
upon humbly of Opinion, That y^ same number of men be raised in 
this Province as was the Last year & on y^ same termes, that Suit- 
able provision be raised for that number for two months & a sufficient 
number of Transports be Speedily Secured for y^ Same. 

In y'' name & by Order of the Coiiiittee 

Elisha Hutchinson 
In Council. 

Read and accepted. 

In the House of Representatives 

Read and Accepted, with the Explanation, & Addition annexed 
[viz.] 

As to the Number of Men, That It Exceed not Nine-Hundred (in- 
cluding both English, & Indians) besides Commission Officers. 

And as to the Terms. 

That the Commission Officers, Sent by Her Majesty's especiall 
Favour, from Great Britain, to Serve in the present Expedition, be 

1 In the Legislative Records of the Council, ix., 61, the following note is appended to 
this chapter: "And Wait Winthrop John Foster & Andrew Belcher Esq''« with the Secre- 
tary were desired to wait on the Hon'''": Gen" Nicholson with the aforewritten Vote, & to 
request to know of him what is further necessary to be considered by the Court." 

^ The joint order appointing this committee. — Mass. Archives, Ixxi., 647. 



[2d Sess.] Province Laws (JResolves, etc.). — 1710-11. 137 

Disposed not more than one to a Company, that they may be the 
more Serviceable in Disciplining the Forces. 

And if it Shall So Please God to Prosper Her Maj''"' Arnies for the 
Reducing of Port-Royall, or the Expedition thither be Determined, 
all the Forces, of this Province, with their Otticers, Shall be Allowed, 
to Return immediately, for the Defence of the Province now extreamly 
Insulted by the Indians throughout our long extended Frontier, except 
Such as Shall be Volunteers, for any after Service of Garrisoning or 
otherwise. 

That for the Encouragement of Volunteers His Excellency be Re- 
qvested, to Issue forth a Proclamation, that all Such Shall have a Coat, 
of Thirty Shillings value given them, one months wages Advanc'd, & 
Paid to them before their Embarqving. And be exempted from all 
Impresses, for three years next coming (although not from ordinary 
Musters or Duty of the Militia, in the respective Counties, whereto 
they belong. And none but Such as volnntarily Offer, & enlist them- 
selves, for the Service, without being Detached, to be Intituled, or 
have claim to these Privileges of Coats, Advance Wages, & Exemp- 
tion from Impresses. And That all Such as were in the Service, 
the last year, be particularly & especially Invited, to come, & Take 
up the Arms they then had, & Inlist for the present Expedition. 

That His Excellency be Desired to give Direction to the Commanders, 
of the Severall Regiments in the Province, to Muster them, in whole, 
or in parts, & Communicate to them the above incouragements to Offer 
themselves voluntarily to the Service. 

That the warrants for the Draught of men. Contain the whole Num- 
ber, the Volunteers, to be accounted part thereof. And that a Direction 
be therein Inserted, to the coiiianding Officers, of the Militia, to Pro- 
ceed in their Draught, in the most eqvall indifferent manner that may 
be. 

That the Names of all the men, both English, & Indians & the Towns, 
they belong to, which Shall be inlisted or Impressed, as well Such as 
Shall upon any account be Dismiss'd, as those that Shall Proceed in the 
Expedition Be Returned, by the Commanding Officer of every Company 
of Militia, to his Colonel, or first Field Officer, & by him Laid before 
his Excellency & this Court at their next Session after the Departure 
of the Forces. 

And That the Indians AVages, be paid to Such persons as the Gov- 
ern' & Council Shall Direct, to be Imploied for Supply of their Families, 
in their absence. 
In Council. 

Read and Agreed to. [Passed July 27. 



CHAPTEK 59. 



Legislative 
Records of tlie 
Council, ix., 61, 

MESS^ ABOUT A THANKS-GIVING. pTst'Jhnp^li 

Legislative 

A Message from the Representatives by Maj' Leonard & M' Noyes, councu^ ix% 
That a Day of Publick Thanksgiving might speedily be appointed for |^^vevs^^ 
the signal Mercy of God in Answer to our late Prayers for Rain in Thanksgiving 
a Time of Extream Drought, & wonderfully reviving the languishing ^^^^Vewati'^s 
Fruits ; As also for the Arrival of her Maj'''' Forces from Great Brit- Diary, u., 285. 
tain: A Proclamation advised to be drawn up accordingly. Ffretchurci/at 

[Passed * July 27. ^%lt''A 

Jos. Green's 
Diary, Essex 
Institute Col- 
lection, X., 87. 



138 VROvmcE Li Aws (Besolves, etc.). — 1710-11. [Chaps. 60, 61.] 



CHAPTER 60. 

ORDER FOR IMPRINTING £.15000, BILLS OF CREDIT AND PROVIDING A 
FUND AS SECURITY.i 

RifJrds'of the Resolved That the Sum of Fifteen Thousand Pounds of Bills, of 
Council, ix., 62. Publick Credit on this Province be forthwith made by the Committee, 
Archives, ci., l^st appointed, to make Such Bills, & upon the Same Plates, with the 

^^ Bills, ordered to be made the last Session, to be by them Delivered to 

Ante, chap. ii. the Treasurer, taking his receipt for the Same, the Committee to be 
OS ,c ap. . p^j^ j.^^, their Service, as for the Bills they last made. 

And the Treasurer, is hereby Directed, & Impowered to Issue forth, 
& Emitt the S** Sum of Fifteen Thousand Pounds towards Payment, 
of the Publick Debts of the Province, already contracted, and the 
furthur growing charge for the Defence thereof, for Supplying & Sub- 
sisting, of the Province Galley, & Sloop, Forts, Garrisons, & Forces, 
Raised & to be Raised & Imploied within the Same, & wages arising 
for their Service, towards defreying the charge of the present intended 
Expedition, to Port-Roy all (belonging to this Province) for Pa3'ment 
of Grants, Salaries, & Allowances, made, & to be made, by this Court, 
according to Such Draughts, as from time, to time. Shall be made upon 
him, by warrant or order of the Governour, by & with the advice, & 
Consent of the Councill, And the said Bills Shall Passe out of the 
Treasury, at the value therein expressed, eqvivalent, to money, & Shall 
be Taken, & accepted, in all publick payments at the advance, & after 
the rate of five Pounds p cent : more. 

And Whereas this Court, when They have Ordered the Emission, & 
Payment of Bills, of publick Credit out of the Treasury, have for the 
most part, not only Granted a Tax eqvall to the Sum of Bills emitted : 
But for the better Supporting the credit of the S** Bills, have also Or- 
dered, & Assigned, the Duties of Impost, & Excise, to be a Fund for 
the Repayment, & Drawing in, of the s*^ Bills into the Treasury again, 
whereby (as Appear's by the Treasurer's ace") The Sum of the Taxes, 
outstanding, as Funds to Draw in the S'^ Bills, exceeds the Sum of the 
Bills outstanding, & not paid into the Treasury, the Sum of Eleven 
Thousand Pounds. 

It is hereby Ordered That the Said Eleven Thousand Pounds to- 
gether with the Duties of Impost, & Excise, Shall be a Fund, & Secu- 
rity, for the Repayment, & Drawing in of the Said Fifteen Thousand 
Pounds of Bills to the Treasury again. \^Passed Jidy 28. 



CHAPTER 61. 

ORDER APPOINTING A COMMTee fqR Y" PROCURING TRANSPORTS. 

ffirds'Jnhe Ordered That Capt : Nathaniel Carey, Capt° Charles Chambers, & 
Council, ix., 62. M"" Samucl Greenwood, be a Coinittee with the advice of the Commis- 
ArchiveB, sary Generall, To Take up. Apprize, & Fitt out, a Sufficient number, 

1x111., 163. Qf vessells, the most convenient, that can be had, for Transporting the 

/'osf, chap. 81. Forces of this Province, in the intended Expedition to Port-Royall. 
\_Passed July 28. 

' Printed in the notes to the Acts of the year 1710-11, Province Laws, i., 668; reprinted 
here, as important. 



[2d Sess.] Province Laws (Besolves, etc.). — 1710-11. 139 



CHAPTEK 62. 

ORDER APrOINTING A COMM^ee FOR Y" PROVIDING COATS FOR Y« 

SOLDIERS. 

Ordered That M' James Barnes, M' Nathaniel Blagrove, & Maj' gff^fl^of ti^g 
Thaxter, be a Committee, to Take care for the Providing of Coats, for Council, ix., 62. 
the Souldiers of the intended Expedition, pursuant to the vote of this Archives, 
Court this day. [^Passed July 28. LxxI., 6ry3.' 

Post, chap. 66. 



CHAPTEE 63. 

ORDER THAT 12 WEEKS PROVISION BE PROVIDED FOR Y^ FORCES. 

The following Order pass'd in the House of Representatives; Legislative 
Read & Concur'd ; viz, «oTncif. t'%. 

It being intimated to the House that the Hon"*" the Council of War Mass. 

AroliivGS 

have determined that two Months Provisions is not sufficient for the ixxi., 650.' 
Forces for the intended Expedition advising that Twelve Weeks Pro- ^^te, chap. 20. 
vision is necessary ; ^^^*' *^^^v- ^^■ 

Ordered That Twelve weeks Provisions be furnished, for the men Archives, 
belonging to this Province in the s*^ Expedition. [^Passed July 28. ^^i"-» ^^- 



CHAPTER 64. 

RESOLVE ALLOWING £.20, TO CPT. SAVAGE &c. FOR ROOTS & GREENS 
FOR REFRESH^ OF Y^ MARINES. 

Resolved That the Sum of Twenty Pounds be Allowed, & Paid out Legislative 
of the Publick Treasury to Capt : Ephraim Savage. & M*^ James Barnes, council', ix., 63. 
to Purchase Roots, & Greens, for the Refreshment of the marines ¥;!,?j^:^gg 
Sent over by Her Majesty, for the intended Expedition. [_Passed \xm., m. 
July 28. 



CHAPTER 65. 

ORDER DIRECTING THE COMMISSARY GEN''- TO PROCURE PORK FOR 

YE EXPEDITION. 

Upon a Representation made by the Commissary General of the Legislative 
Scarcity of Pork produced by this Countrey so that a Sufficiency for (^uj/,'.'|f f^ "^63 
the intended Expedition can not be had ; -— — r — 77- 

Ordered that M"" Commissary General be directed to procure so much ' 
Pork as he may of the Produce of this Countrey, & what further is 
necessary of the Produce of Carolina & Virginia. \_Passed July 28. 



140 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 66-68.] 



CHAPTEE 66. 



ORDER THAT AS MANY COATS AS OFFICERS & SOLDIERS BE PROVIDED. 



Legislative 
Records of the 
Council, ix., 63. 
Mass. 
Archives, 
Ixxi., 654. 

Ante, chap. 62. 
Post, chap. 70. 



Ordered That It be fin Instruction to the Committee appointed, to 
Take care to Provide Coats for the Souldiers of the intended Expedi- 
tion, That Tliey Provide as many, as there shall be Officers, and Soul- 
diers, in the Pay of this Province. \_Passed July 28. 



CHAPTER 67 



VOTE IN EXPLANATION OF Y^ VOTE REFERRING TO THE EXPEDITION 

TO PORT ROYAL. 



Legislative 
Records of the 
Council, ix.,64. 
Mass. 
Archives, 
Ixxi., 655. 

^w<e, chap. 58. 
Post, chap. 78. 
Legislative 
Records of the 
Council, ix., 59, 
63. 



Whereas this Court, have at this Session Pass'd Severall Votes, 
for the forwarding, & Assisting, of an Expedition against Her Maj''^* 
Enemies at Port Roy all 

It is hereby Expressed, & Explained, That thereby is Intended, & 
understood, not only the Fort, & Town of Port Royall, but other the 
French Settlements in Nova Scotia. \_Passed July 29. 



CHAPTER 68 



ORDER ALLOWING THE CONCORD COURT ADJOURNM^. 



Legislative 
Records of 
Council, ix. 
Mass. 
Archives, 
xlviii., 416. 



the 
,64. 



Whereas the Inferiour Court of Common Pleas & Court of Gen" 
Sessions of the Peace establish'd by Law to be holden at Concord 
for the County of Middlesex on the second Tuesday of .June last by 
Reason of the Present Publick Occasions of the Government, after 
Opening of the said Courts at Concord & dispatching the necessary 
Affairs of the Inferiour Court & Sessions there, Adjourned the Court 
of Sessions of the Peace for Granting of Licences to Charles town 
within the said County ; 

Ordered That the said Adjournm* pro hac Vice be deemed and held 
good, and the s'^ Court to sit at Charlestown upon Adjournm' for this 
time for y'' granting of Licences any Law or Usage to the contrary 
notwithstanding. \Passed Jidy 29. 



[3d Sess.] Province Laws {Resolves, etc.). — 1710-11. 14:1 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-second Day of August, A.D. 1710. 



CHAPTER 69. 



RESOLVE AW BILLETING SOLDIERS IN PRIVATE FAMILIES. 

Upon the Considkration of the Dearness of Provisious at this Season, Legislative 
& that it is hoped to be but for a short Time, And the Necessity of the coundf, fx.!66. 
Soldiers for the present Expedition being Quartered near together & iNfass. 
Accomodated with convenient Lodgings for the Preservation of their ixxi.,'694.' 



Health. 

Resolved That for this extraordinary Occasion, & on the aforemen- 
tioned Consideration, There be Allowed eight pence a day ^ man, for 
Billet, during their Lodging in the Towns, from the time of their Gen- 
erall Muster, & being drawn out of their Counties. 

And That pro hac vice, They be Qvartered on private Families, at 
the Direction, of the Select men, not exceeding Two to a family (with- 
out the Consent of the Master, or Mistresse, of Such Family) as well 
as in publick licensd Houses, any Law, or Usage to the contrary not- 
withstanding. \_Passed August 23. 



CHAPTER 70. 

ORDER THAT COATS BE GIVEN OUT TO Y^ SOLDIERS. 

Ordered That the Coats, made by order of this Court, for the Cloth- Legislative 

ing of the Troops of this Province, in the intended Expedition to Port couricir,?x.,66. 

Roj^all, be forthwith Delivered to them by the Coiiiittee Appointed to^'\'^^: 

Provide them according to the Direction they Shall receive, from his ixxi., 696.' 

Excellen[c]ey the Govern'. [^Passed August 23. Ante, chap. m. 

Posf, chap. 73. 



CHAPTER 71. 

ORDER STATING THE WAGES OF THE CHIEF COMMISSARY IN THE 

EXPEDITION. 

Ordered That Eight Pounds ^ month be Allowed to the chief Coin- Legislative 
issary, in the Pay of this Province, for the intended Expedition to coundf fi.'^ee. 
Port Royall ; & four Pounds ia mouth, to his Assistant. [Passed Mass. 

Aiinii^it Oq Archives, 



142 



Province Laws (Besolves, etc.). — 1710-11. [Chaps. 72-75. j 



CHAPTER 72. 



ORDER FOR PROVIDING 2 CHIRURGEONS & 2 ASSISTANTS FOR Y= 

EXPED'*. 



Record"of the Ordered That two Chyrurgions, & two Assistants for each of thetn^ 
Council, ix., 67. be Provided for the Troops of this Province, in the present Expedi- 

Archives, 
Ixxi., 699. 



tion, to be paid as those the last year. \_Passed August 24. 



Legislative 
Records of the 
Council, ix., 67. 
Mass. 
Archives, 
Ixxi., 700. 

Ante, chap. 70. 
Post, chap. 74. 



CHAPTER 73. 

ORDER FOR PROVIDING 200 GREEN CAPS. 

Ordered That Two Hundred green Caps be Provided, by the Com- 
mittee appointed to Provide Coats for the Souldiers, for the use of 
those that shall be Sent out to Scout, in the present Expedition. 
[Passed August 24. 



Legislative 
Records of the 
Council, ix., 67. 
Mass. 
Archives, 
Ixxi., 702. 

Ante, chap. 73. 
Post, cliap. 75. 
Legislative 
Records of the 
Council, ix.,68. 



CHAPTER 74. 

VOTE THAT CT^S BELTS &c BE PROVIDED FOR THE GRENADIERS, AND 
ADJUTANTS FOR THREE REGIMENTS APPOINTED. 

Boston 24. Aug 1710. 
Gentlemen 

The Three Colonels of the Regiments are now with mee and pray 
that they may have each an Agitant who may have Lieutenants pay, 
as in all the service in Europe, 

s"" Charles Hobby prayes capps & belts for his grenadiers 

& Colonel Walton wants this province proportion of slings & belts 
for his company of Grenadiers amounting to thirteen. 

which I Desire may be provided & allowed. 

To the House of representatives J Dudley 

In Council. 
Read and Recommended. 

In the House of Representatives. 
Read & Agreed^ excepting the Belts, which are Supposed to be pro- 
vided last year, the Caps to be provided by the Coinittee that Provided 
the souldiers coats. 
[In Council] 
Read and Concurr'd. [^Passed August 24. 



CHAPTER 75. 



Legislative 

Records of the 

Council, ix., 67. 

Mass. 

Archives, RESOLVE ALLOWING £.600, TO Y= COMM™e THAT PROVIDED THE COATS. 

Ixxi., 704. 

Pos^ichap. 95. Resolved That the Sum of Six Hundred Pounds, be Allowed, & Paid 
Mass. out of the publick Treasury, to the Coiiiittee that Provided the Coats 

cxxii!y37(). for the forces, towards Defreying that charge. [^Passed * August 24. 

Executive 
Records of the 
Council, v., 277. 



[3d Sess.] Province Laws {Resolves, etc.). — 1710-11. 143 

CHAPTER 76. 

ORDER FOR A PRESENT TO Y^ GEN^^ 

Ordered That a Pipe of AViue, Twenty Sheep, five shoats, and an Legislative 
hundred fowls be Presented to the Hon''''' Generall Nicholson for his counc^f, ix.*67 
Table in the intended Expedition. [Passed August 24. Archives 

Ixxl., 703.' 



Post, chap. 109. 



CHAPTER 77. 

VOTE ABOUT A VESSEL TO GUARD THE FISHERY. 

Inasmuch as the Province Galley is taken off from Guarding the Legislative 
Fishery by her Maj'*'' Command to assist in the present Expedition ; coundUx.les. 

Ordered That his Excellency & the Hon''"' the Councill of War be ^^{J^^i^j^J/ ' 
Desired to order Some Suitable vessel, from the Expedition frequently ixiii., les.' 
to visit & Guard the Fishery at Cape-Sables, which may also be very Executive 
serviceable to the Fleet for Intelligence. ^Passed August 24. c^^n'^'if °* 269 



CHAPTER 78. 

ORDK ABOUT THE PROPORTION OF CHARGES TO BE BORN BY THE 
SEV-i- GOVERNMENTS. 

The following Ord'' pass'd in y*" House of Repres"^^ Read & Con- Legislative 

nnvVI • ■\t\'7 Records of the 

cui a , VIZ,, Council, ix., 68. 

Some Votes of the Hon"^ "^ the Council of "War having been laid before Mass. 
this House, shewing a Necessity that some Vessels be taken up for the ixx^i.,^701! 
Transportation of Stores of War in the intended Expedition to Port- yiM<e, chap. 67. 
Royal, the Charge thereof to be born by the sev" Governm" of the ^os<,' chap. 106. 
Massachusetts Connecticutt, Rhoad Island & New Hampshire in Pro- 
portion to their Quotas of Men directed by her Majesty in the said 
Expedition, Accompanied with a Letter from his Excellency the Gov- 
ern'' urging the same 

Ordered That the S"^ Proportion, of the charge of Such vessels, be 
born, & Paid by this Province. 

And inasmuch, as the S** vessells, to Serve the present occasion must 
necessarily, be Provided, «fe Taken up within this Government, what & 
So much of the charge, for their fitting, victualling, & Service, Shall be 
advanced & paid out of the Treasury, of this Province, over, & above our 
Proportion as afores*^ to be Demanded of &. reimbursed by Her Maj"*'^ 
Severall other Governments, as is abovementioned. together with their 
Proportion of the charge for the Building of Barracks, for the Enter- 
tainment of Her Majesty's Troops from Great Britain, & for the frait 
of 130 Tuns or more of warlike stores, Shipp'd on board the Trans- 
ports of this Province, and all other charge of the like nature that has 
accrued, which His Excellency is Desired to move the Hon'''" Generall 
Nicholson, & Councill of War, to Signify to the S** Governments, that 
it is their Duty to perform accordingly. \_Passed August 24. 



lU 



Province Laws (liesolves, etc.). — 1710-11. [Chap. 79.] 



Legislative 
Kecords of the 
Council, ix.,68. 
Executive 
Eecords of the 
Council, v., 282. 

Ante, chap. 59. 
Post, chap. 84. 
Records of the 
First Church 
at Dorchester, 
p. 222. Love's 
Fast and 
Thanksgiving 
Days, pp. 281, 
487. Rt'v* 
Joseph Green's 
Diary in Essex 
Institute Col- 
lections, X., 87. 



CHAPTER 79. 

VOTE ADVISING THE PROCLAJVIATION OF A FAST. 

Advised That agreeable to the motion of the Assembly His Excellency 
emit a Proclamation for a General Fast, to be observed on Thursday y** 
28'^ Currant to pray for a blessing on Her Majestys armes in Europe, 
and on the present expedition, setting forth from hence to Port Royal 
&'^ and a Draught was made accordingly read & agreed to. \_Passed * 
September 12. 



[4tii Sess.J Province Laws (^Resolves^ etc.). — 1710-11. 145 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Eleventh Day of October, A.D. 1710. 



CHAPTER 80. 

ORDER APPOINTING A COMM''=== UPON Y^ LOAF BREAD BAKERS PETITION. 

Ordered that Elisha Hutchinson Penn Townsend & John Walley Legislative 
Esq" with such of the Representatives as shall be appointed by that councif,ix.,70. 
House be a Committee to hear the Petitioners (in a Petition presented '^;^^_ 
by the Loaf Bread Bakers within the Town of Boston referring to the Archives, lix., 
Assize of Bread) & to make Report to this Court thereupon ; 

Agreed to by the Representatives & Cpt. Thomas Oliver M"^ W° 
Denison Cpt. Sam" Gardner & M'' Eben'' Pomroy be appointed by the 
House to join in the Affair above mentioned. \_Passed October 12. 



CHAPTEE 81. 

RESOLVE ALLOWING £.184^,10,, 6, TO THE COMMIES FOR TRANSPORTS 

ACCo, 

An Accompt of Mess" Nath" Carey, Charles Chambers & Sam" Rlfords^of the 
Greenwood the Committee appointed to take up & see to the Fitting council, ix., 71. 
out the sev" Transports Store & Hospital Ships & Vessels imployed Archives, 
in the present Expedition to Port Royal, Containing the Charge of ixiii., 1(59. 
the sev" Trades Men Bills for Joynery Work, Clapboards Nails, ^n^e,chap.6i. 
Masons Work Ballast &c «fe for their own Time & Trouble, Amount- Archives, 
ing in the Whole to One Hundred eighty four Pounds ten Shillings jxsjl'' 730*737 
& six Pence ; With the Order pass'd thereon in the House of Repre- 743, 744. "' 
sentatives ; Read & Concur'd ; viz, 

Resolved That the Sum of One Hundred, Eighty four Pounds, & 
ten Shillings, 6*^ be Allowed, & Paid out of the Publick Treasury, to 
the Coiiiittee mentioned on the other Side : to Discharge their acc°. 
\_Passed October 12. 



CHAPTEK 82. 

ORDER APPOINTING A HEARING ON THE PETITION OF CPT. TALBOT 
OF TAUNTON. [Passed October 27. 

[Printed xmth resolves, orders., etc., '■'' granting lands, establisJiing j^re- Legislative 
cincts and parishes, and determining territorial boundaries."^ Coundf ix.*72. 



146 



Province Laws {Resolves, ete.). — 1710-11. [Chaps. 83-87.] 



CHAPTER 83 



RESOLVE ALLOWING £.10, TO M^ PARIS MINISTER. 



Legislative Resolved That the Sum of Ten Pounds, be Allowed & Paid, out of 

CouQcii, ix., 72. the Publick Treasm-y, to M'' Stephen Pierce, for the use of M"" Parris, 
Archives xi. Minister of Dunstable, for his Service the last halfe year, ending the 
353. first Day of the present month. \_Passed October 27, 

Ante, chap. 7. 

Post, chap. 135. 



CHAPTER 84. 



Legislative 
Records of the 
Council, ix., 73. 

Ante, chap. 79. 
Post, chap. 133. 
Records of tlie 
First Church 
at Dorchester, 
p. 222. Sewall's 
Diary, ii., 289. 
Love's 
Fast and 
Tlianksgiving 
Days of New 
England, pp. 
281, 487. 



THANKS-GIVING APPOINTED. 

His Excellency proposed that a Gen" Thanks-Giving be appointed 
on Thursday the sixteenth of November next, W^'' the Council advised 
to ; And a Message being sent thereupon to the Representatives by 
John Foster & Penn Townsend Esq" & Agreed to by that House by a 
Message by Cpt. Gardner & M^ Barns. [Passed * October 27. 



CHAPTER 85. 



RESOLVE ALLOWING £.10, TO JN" PRENTICE. 



Legislative 
Records of the 
Council, ix., 73. 
Mass. 
Archives, 
Ixxi., 643. 

Mass. 
Archives, 
Ixxi., 642. 



Upon reading a Petition of John Prentice of Newtown Disabled by 
Wounds received from the Enemy whilst in the Service, Praying for 
some Relief 

Resolved That the Sum of Ten Pounds be allowed, & Paid, out of 
the Publick Treasury, to John Prentice the Petitioner in full for his 
losse of Time, & Smart money. \_Passed October 27. 



Legislative 
Records of the 
Council, ix., 73. 



CHAPTER 86. 

RESOLVE ALLOWING £.6„1,, 10, TO ELISABETH BOND. 

Upon an Accompt of Elisabeth Bond for Expences on several sick 
Soldiers under the Command of Maj"" William Tyug for the last Years 
intended Expedition to Canada; viz. 

Resolved that the Sum of Six Pounds one Shilling & ten Pence be 
allow'd & paid out of the Publick Treasury to Elisabeth Bond the 
Accomptant to discharge the Accompt on the other Side.^ [Passed 
October 27. 



CHAPTER 87. 



Rllords'ofthe OI^I>ER ESTABLISHING THE PRECINCT OF BYFIELD. [Passed October 30. 
Council, ix., 74. 

Archives xi [Printed ivith resolves, orders, etc., '-'• firanting lands, establishing pre- 

34.5. cincts and parishes, and determining territorial boundaries."^ 

!Mass. 

Archives, xi., 
345, 346. 



1 This account has not been found in Mass. Archives. 



[4th Sess.] Province Laws (^Resolves, etc.). — 1710-11. 147 

CHAPTER 88. 

RESOLVE ALLOWING £.3 ,,8, TO JOSEPH WILSON SAILOR. 

Upon the Petition of Joseph Wilson Sailor on Board the Sloop Sea- Legislative 
Flower John Welch Commander, Express Vessel for England Anno councu, ix., 75. 

1 704 • Vi7 Mass. 

±<u*. vi/., Archives, 

Resolved That the Sum of Three Pounds, & eight Shillings, be Al- ixiii., 172' 
lowed, & Paid, out of the publick Treasury, to Joseph Wilson the Mass. 
Petition"" in full for his Service, mentioned in his Petition. \_Passed ^^f/^iff; 
October 31. 



CHAPTER 89. S».he 

Council, ix.,75. 

IVIflSS 

ORDER ADJOURNING HEARING CONCERNING NORTH PART OF DED- Archives, 
HAM. [Passed October 31. cxiii., 624. 

Mass. 

[_Printed with resolves, orders, etc. , ' ' granting lands, establishing pre- cxui^.) 62^-6-26. 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 90. KSS.,. 

Council, ix., 75. 

ORDER GRANTING MESS^^ MATHER & COTTONS PETITION. [Passed Octo- Archives, xi , 

ber 31. 33L 

Mass. 
\^Printed with resolves, orders, etc., ^'•granting lands, establishing pre- 228^^11 3% Ms 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 91. 

RESOLVE ALLOWING £.6, TO JN" LEVERET ESQ^. 

Upon a Memorial presented by John Leveret Esq'' for Damage done Legislative 
on his Island by Barracks set up there the last Year for Lodging the councif ix ^k 
Marines from Great Britain ; Mass. 

Resolved That the Sum of Six Pounds be allowed & Paid out of the t^^t^^ll 
Publick Treasury to John Leverett Esq"" in full for the Damage men- 
tioned in his memoriall abovementioned. \_Passed November 1. 



CHAPTER 92. 

ORDER GRANTING BROOKLYN 2 YEARS TIME FOR BUILDING A MEET- 

• ING HOUSE &c. 

Upon reading a Petition of the Select Men of Brooklyn, Praying Legislative 
a further Time of one Year or two to be granted them for the Build- councIf ?x.*77. 
ing a Meeting House & Settling a Minister, Mass. 

Ordered That the Prayer of this Petition be Granted & Two Years tm}"^^^^' ""'■' 
further Space be Granted them. \_Passed November 3. 



148 



Province Laws (^Resolves, etc.). — 1710-11. [Chaps. 93-96.] 



CHAPTER 93. 



RESOLVE ALLOWING £.12, TO M^ JOHN AVERY, AND £.10, TO M« AARON 

PORTER. 

B^fordsofthe Resolved That there be Allowed, & Paid out of the Publick Treas- 
Councii, ix.,77. iiry, to M'' Johu Avery, the Sum of Twelve Pounds, and to M"^ Aaron 
Archives, xi., Porter, the sum of Ten Pounds, in full for their Service as Chaplains, 

3^1: at Deerfield, the last year, & this, in the time the reverend M"' John 

Williams was attending upon the Expeditions. \_Passed November 3. 



CHAPTER 94. 



Legislative 
Records of the 
Council, ix.,78. 
Mass. 
Archives, 
Ixxi., 749. 

Post, chap. 144. 

Mass. 
Archives, 
Ixxi., 606, 607. 



ORDER APPOINTING A COMM™" FOR M" BRADSTREETS ACCOMPT. 

Upon the Petition of Humphrey Bradstreet Chirurgeon ; 

Ordered That M' Secretary, M' Speaker & Docf John Perkins be 
Appointed a Committee, to whom this Petition, & acc'^ therein are re- 
ferred, to Examine, & Consider the Same, & make Report what they 
think just, & reasonable, to be paid thereon. [^Passed November 4. 



CHAPTER 95. 



RESOLVE 



ALLOWING £.782,, 2„ 3, TO JA. 
CLOTHING. 



BARNES &c. COMM^^^ FOR 



Legislative 
Records ot the 
Council, ix.,78. 

Ante, chap. 7.5. 
Post, chap. 96. 
Mass. 
Archives, 
cxxii., 370. 
Executive 
Records of the 
Council, v., 295. 



[Upon reading] An Accompt of Mess'*' James Barns, Nath" Bla- 
grove & Sam" Thaxter the Comm'**^ for Clothing the Soldiers in the 
late Expedition for Port-Royal, Viz, Coats, Trimming & Making & 
their own Service amounting in y^ Whole to Thirteen Hundred eighty 
nine Pounds ten Shillings ; Whereof Six Hundred & seven Pounds 
eight Shillings & six Pence is already paid ; Rests Seven Hundred 
eighty two Pounds two Shillings & three Pence : 

Voted That the Sum of Seven Hundred eighty two Pounds two Shil- 
lings & three Pence be allowed & paid out of the Publick Treasury 
to the Committee afore named to Discharge their Accompt. [^Passed 
November 4.^ 



CHAPTER 96 



VOTE ALLOWING £.30„13„7, TO Y^ S" COMMtee fqR CAPS. 
Legislative -p^j, afore-named Co.'vim™'' their Accompt for Granadier & Indian 

KeCOruS 01 tne . rr\i • -r-> -i J^ • i c^l •^^• n -r-k 

Council, ix.,78. Caps, amounting to Thirty Founds thirteen Shillings & seven Pence, 
Pass'd by the Repres"^' & Ordered to be paid out of the Treasury : 
Voted a Concurrence. [^Passed November 4. 

» The calculation in this chapter is not correct. Besides, there is a discrepancy between 
this chapter and the Treasurer's accounts as to the total of the committee's bill, the pay- 
ment on account and the final payment. See marginal citations. 



Ante, chap. 95 
Post, chap. 97. 



[4th Sess.J Province Laws (^Resolves, etc.). — 1710-11. 149 

CHAPTER 97. 

RESOLVE ALLOWING 30/, STOR-^ TO M'' JAMES BARNES. 

A Resolve pass'd by the Repres^<=' That M' James Barnes be allowed RefmKf the 
& paid out of the Treasury Thirty Shillings for Storage of Straw & Council, ix., 78. 
Beds for the Expedition : Read & Agreed. \_Passed November 4. Ante,chnp.m. 



CHAPTER 98. 

RESOLVE ALLOWING £.5, TO M^ PALSGRAVE ALCOCK. 

A Resolve pass'd by the Repres''^' That Palsgrave Alcock be allow'd ^^^^rd^^^^th 
& paid out of the Public Treasury the Sum of Five Pounds for Enter- councn,i'x.,78. 
tainiug & Nursing Elnathan Wood a sick Soldier : Read &, Agreed 

to. \_Fassed November 4. 



CHAPTER 99. 

VOTE ALLOWING £.14, TO EDW» RICHARDSON. 

An Accojipt of Edward Richardson of Newbury for Entertaium* of Legislative 

Peter Rich a wounded Soldier: Council*^ i"x., 77! 

In the House of Representatives Mass. 

i Archives, 

Read & ixxi., 6i4. 

Resolved That the Sum of Twenty Two Pounds & thirteen Shillings, Mass. 
be Allowed, & Paid, out of y'^ publick Treasury, to Edw-^ Richardson ^^^^''"eoaieis. 
the Petitioner, in full of this his accompt. 
In Council. 
Read and Voted a concurrance for payment of fourteen pounds, and 
no more, In full of the Accompt. 

In the House of Representatives 
Read & Agreed to. \_Passed November 7. 



CHAPTER 100. 



RESOLVE ALLOWING £.20, TO THE WIDOW OF D^ SWAN DEC". 

Upon a Memorial offered in Favour of M*^ Thomas Swan late Chirur- Legislative 
geon to the Garrison at her Majesties Castle William Dec** CounciUx.!?^. 

Resolved That the Sum of Twenty Pounds be Allowed, & Paid, out Mass. 
of the Publick Treasuiy to M" Prudence Swan, Widow, relict, of the ixxi., 747! 
within mentiond M'' Tho^ Swan, in consideration of his extraordinary Mass. 
charge, & Pains, in the service. And that for the Seven years, i^^;^^7||; 

he Served as Chyrurgion at the Castle, he Provided at his own charge, 
the Stores of Refreshment, for the Sick, & wounded, which at other 
Garrisons, are Provided, at the publick charge. [_ Passed November 7. 



150 



Province Laws {.Resolves, etc.). — 1710-1 1. [Chaps. 101-104.] 



CHAPTER 101. 



RESOLVE ALLOWING 



£.5 ,, 15, TO W" SHEAF 
FERRY MEN. 



& NICHO LAWRENCE 



Upon an Accompt of William Sheaf & Nicholas Lawrence Ferry 



Legislative 
Records of the 

Council, ix., 79. Men between Boston & Charles-Town for Transportino; the Troops 

Mass. 1 o i 

Archives, 

ccxliv., 72. 

Mass. 
Archives, 
cxxi., 153. 



raised for the Expedition to Port-Royal several Times backward & 
forward : 

Resolved That the Sum of Five Pounds, fifteen shilling & three 
pence, be Allowed, & Paid out of the Publick Treasury to Will'" Sheafe, 
& Nicolas Lawrence, the Accomptauts in full of their Accompt on the 
other Side. \_Passed November 7. 



CHAPTER 102. 



VOTE DESIRING M^ BERNARD TO DECLARE, IN WHICH OF THE TWO 
ANDOVER CONGREGATIONS HE W^LL OFFICIATE. 



Legislative 
Records of the 
Council, ix., 79. 
Mass. 

Archives, xi., 
352. 

Mass. 

Archives, xi., 
351. 



Upon reading a Petition of Joseph Chandler, Francis Dane & Ne- 
hemiah Abbot Agents for the South Precinct in Andover Setting forth 
that upon the Division of the said Town of Andover by Order of this 
Court into two Parishes or Precincts the Rev*^ M"" Bernard Minister of 
the said Town was allowed his Choice which of the said Congregations 
he would officiate in, W^*" he hath not yet declared ; Praying that he 
may be put thereon in Order to their Settlement. 

Voted That the Rev"* M"" Bernard be Desired to Declare his Election 
which of the's*^ Congregations to officiate in. on or before the Eleventh 
day of Decemb'' next or that y*" Pet" be then at Liberty to provide for 
themselves. \_Passed November 8. 



CHAPTER 103. 



VOTE EXEMPTING EDW" MILLS SCHOOL MASTER FROM PUBLIC TAXES. 



Legislative 
Records of tlie 
Council, ix., 80. 
Mass. 
Archives, 
Iviii., 279. 

Mass. 
Archives, 
Iviii., 278. 



In Answer to the Petition of Edward Mills of Boston, 
Voted a Concurrence with the Representatives ; viz, 
In Consideration that the Petitioner has for many Years kept a Con- 
siderable Grammar School, 

Ordered That he be Exempted from publick Taxes, in manner, as 
Grammar Schoolmasters are by Law. \_Passed November 8. 



CHAPTER 101. 



Legislative 
Records of the 
Council, ix., 80. 
Mass. 
Archives, 
Ixxi., 751. 



RESOLVE ALLOWING £.30, TO L'^ COLL. BALLANTINE : & £.5, TO EACH 
SOLD" Y'' LOST HIS CLOATHS £.5, TO EACH WIDOW. 

In Answer to a Memorial presented by Lieu. Coll. John Ballantine 
in Behalf of him self & Company shipwreck'd on the late Expedition to 
Port Royal ; 



[4rH Sess.] Province Laws (liesolves, etc.). — 1710-11. 151 

Resolved That there be Allowed, & Paid out of the publick Treasui-y Mass. 

To L' Col : John Ballantine the Sum of Thirty Pounds. iIx'i^.'tsIIvoS. 

The Sum of Five Pounds, to each Souldier that escap'd with his 
Life, but lost his cloths, & Arms. 

And the like Sum of Five Pounds, to each of the widows mentioned, 
in the S'' Ballautiues List, exhibited with his memoriall. \_Passed No- 
vember 8. 



CHAPTER 105. 

RESOLVE ALLOWING £.10, TOWARDS MENDING Y" MILL DAM IN BROOK- 
FIELD &c. 

In Answer to the Petition of several of the Inhabitants of Brook- Rifords'of the 

field; Council, ix.,81. 

In the House of Representatives. Archives, 

Resolved That the Sum of Ten Pounds be allowed & Paid out of the cxiii., 582. 
publick Treasury, towards the mending of the mill-Dam, mentioned in 
the Petition. 

And That Such of the Inhabitants as are by the enemy Driven from 
their Houses, & livings, be admitted into the Service as Souldiers. 
Sent up for Concurrence. 

In Council 
Read and Concurr'd, So that no more of the Inhabitants be admitted 
into the Service than such as are capable ther'of and his Ex"^^ shall 
please to Entertain. 

In the House of Representatives 
Agreed. \_Passed November 8. 



CHAPTER 106. 

ORDER ON THE COMM^ees REPORT ABOUT THE STORES &c: LEFT AT 

ANNAPOLIS ROYAL. 

The Report of the Committee appointed yesterday to wait on the ^^?'®^f*'^f®t, 
Hon''''' Gen' Nicholson with the Accompt offered by Arthur Jeffry council, ix., 83. 
Commissary for the Expedition entered on the said Accompt: Viz, ^Hfe, chap. 78. 

Pursuant to the aforegoing Order we have waited on the Hon''''' i*^s'^'?^*^^^u 

o o Records of the 

Gen" Nicholson, And he adviseth that the Particulars within mentioned councu, ix., 8-2. 
be drawn into an Accompt & delivered unto him him,^ so as to carry 
the same with him. And he will as he hath Opportunity lay the same 
before her Majesty, & use his Endeavour to procure a Recompence for 
the same. 

(Sign'd) Penn Townsend by Order of the Committee. 

Read & Ordered that M"" Commissary Gen" be desired to frame an 
Accompt accordingly ; As also a summary Accompt of the whole Charge 
of the Expedition for the End afore said. \_Passed November 9. 

i Sic, 



152 



Province Laws (Besolves, etc.). — 1710-11. [Chaps. 107, 108.] 



CHAPTEE 107. 



ORDER THAT THE RECORDS OF THE LATE COLONY OF NEW PLIM^ 
BE KEPT BY THE CLERK OF Y^^ INF" COURT IN PLIMO. 



Kecordso^fthe Upon READING a Memorial offered by Nathaniel Payne, John Cush- 
Councii, ix., 84. lug & Johu Otis Esq" of the Council, & Justices of the Peace in the 

Mass. 
Archives, 
Ixxxviii., 391. 



Mass. 
Archives, 
Ixxxviii., 392. 



several Counties of Plimouth Barnstable & Bristol, That the ancient 
Records of the Colony of New Plimouth remaining in the Hands of 
JNP Samuel Sprague late Secretary of the said Colony until his Death, 
which happened some Time in September last, may be kept & lodged 
in the Town of Plimouth the Head Town of the said Colony, and where 
they were wont to be kept ; And that some suitable Person may be 

appointed & sworn for the safe Keeping the said Records accordingly, 
And Granting Copys as there may be Occasion. 

Ordered That the Bookes, Records and files of the General Court of 
the late Colony of New-Plymouth, be committed to the Custody of the 
Clerk of the Inferiour Court of the County of Plymouth for the time 
being he dwelling in Plymouth a perfect Schedule thereof being made, 
with an Indent to be passed for the same to the Justices of the said 
Court. And that the Clerk be Impowered to Transcribe and attest 
Copy's of the said Records, for any that shall desire the same upon 
paying the Establish'd Fees. [^Passed November 10. 



CHAPTEE 108. 

RESOLVE DIRECTING THE EMISSION OF £.31000, & THE ESTABLISHMENT 
OF A FUND OF £.16000. 



Legislative 
Records of tlie 
Council, ix., 85. 
Mass. 

Archives, ci., 
381. 

Ante, chap. 60. 
Posi, chap. 126. 



Whereas this Court, at their Session in June last Ordered the Im- 
printing of Twenty five Thousand Pounds, of Bills of credit, on this 
Province, to be Delivered to the Treasurer, & remain in his hands, 
untill order, from this Court to Emit them, which are now near 
finished. 

Resolved That thee Treasurer, is hereby Ordered, & Impowered, 
to Issue forth, & Emit Fifteen Thousand Pounds, of the S'' Bills, in 
exchange of the Twenty Shillings Bills, dated anno 1702, agreeable to 
an Act of this Court, passd the present session, for that end, if the 
s"^ Bills to be exchanged, Shall amount to the S'^ Sum ; 

And the Treasurer, is hereby further Ordered, and Impowered, to 
Issue forth, & Emit, the remaining Ten Thousand Pounds of Bills of 
publick credit, together with Six Thousand Pounds more, of Bills 
of publick Credit that are, or Shall be received into the Treasur}', 
towards Payment of the Publick Debts of the Province already Con- 
tracted, & the further growing charge, for the Defence thereof, for 
Supplying, & Subsisting of the Province Galley, & Sloop, Forts, Gar- 
risons, & forces, raised, & to be raised, & imploied within the Same, 
& wages arising for their Service, towards defreying the charges, of 
the late Expedition to Port Royall (belonging to this Province) for 
Payment of Grants Salaries and Allowances, made, & to be made by 
this Court, according to Such Draughts, as from time to time. Shall 
be made upon him, by warrant, or order, of the Governour, by and 
with the advice, & Consent, of the Councill, & the Said Bills, Shall 
Passe out of the Treasury, at the value therein expressed eqvivalent 
to money, & Shall be taken, & accepted in all publick Payments, at 
the advance, & after the rate of five Pounds ^ cent. more. 



[4th Sess.] Province Laws {Resolves, etc.). — 1710-11. 153 

And that the Duties of Impost, & Excise, Shall be a fund & Secu- 
rity, for the Repayment. & Drawing in of the s** Bills to the Treasury 
again. So far as that will reach, and as a further fund, & Security for 
the Same, for the Paying of Souldiers wages, & for the Defreyiug of 
the further necessary growing charge of the Province, the defence of 
Her Maj''^' Subjects & Interests within the Same, &, Support of the 
Governm' thereof There be, & hereby is Granted, unto Her most excel- 
lent Majesty, to the ends & uses afores'' a Tax of Sixteen Thousand 
Pounds, Eleven Thousand Pounds thereof to be levied, on Polls, & 
Estates, both reall & personall Within this Province, according to 
Such Rules, & in Such Proportion, upon the severall Towns & Dis- 
tricts within the Same, as Shall be agreed on, & ordered by the Great, 
& Generall Court, or Assembly of this Province at their session in 
May 1714, & five Thousand Pounds thereof in May 1715. And 

Eleven Thousand Pounds thereof, Shall be paid in, to the Treasurer 
on or before the last day of may 1715, & five Thousand Pounds thereof 
on or before the last day of nov"^ 1715. [Passed November 10.^ 



CHAPTER 109. 

ORDER FOR A PRESENT TO Y^ HON''i''= GEN^'i' NICHOLSON FOR HIS VOY^ 

HOMEWD, 

Ordered That a Pipe of Wine, a Pipe of Cider, Twenty Sheep, Ten Le°-isiative 
Shoats, & one Hundred fowls, be Presented to the Hon'^'^ Generall Records pf the 
Nicholson, for his Table, in his intended voyage, & Put on board her niass. ' ' "' 
Majesty's Ship, on which he Imbarks. \_Passed November 10. i^^x^^veo' 

Ante, chap. 76. 



CHAPTER 110. Legislative 

^ ^^^^^ J- _L^ XL J. J. w . Records of the 

Council, ix., 86. 

REPORT OF Y'' COMM^ee pQR A PRECINCT IN SALEM. [Passed Novem- Archives, xi., 

ber 10. 354. 



[_Printed tvith resolves, ordets, etc., '■^granting lands, establishing pre- Archive 
cincts andparishes, and determining territorial boundaries."^ 332-340, 



Ante, chap. 25. 
xi., 



cclxxxv., 64. 

" Legislative 

Records of the 
Council, ix., 30, 

CHAPTER 111. ISir^"^" 

Diary, ii., 289 



VOTE EXPLAINING THE POWER OF SALE OF LAND GRANTED TO M'' 

ROWLAND COTTON. 



bis 



Upon the Motion of M'^ Rowland Cotton for Explanation of the Legislative 
Order of this Court of November 8: 1709, Impoweriug him to make cmS fx.fs?. 
Sale of the House & Land of his Brother M'' John Cotton late of Yar- ^.^"ss-. ' '. 

^, -r^ ,1 ■ Archives, xi., 

mouth Dec** 305. 



Voted, That the whole of the Homestead of the dece'' both upland Mass. 
and Meadow be intended and included in the above order for Sale. Archives, xi. 
[^Passed November 10. 

1 Printed in Province Laws, i., 668, note (c) ; reprinted here, as important. 

In the State Library copy of Legislative Records of the Council, ix., 75, the entry of the 
subject matter of this chapter is erroneous in two items. The date is miscalled the 11"> 
Nov. instead of the 10"', and the first amount given is £20000 instead of £25000. See also 
Province Laws, i., 668, note (c). The citation there given as p. 55 should be p. 75, vol. ix. 
of Council Records (State Library copy). For correction see Idem, p. 45, Secretary's copy 
of Legislative Records of the Council, ix., 51, 85, and Mass. Archives, ci., 377, 381. 



154 



Province Laws {Resolves, etc.). — 1710-11. [Chaps. 112-115.] 



CHAPTER 112. 

RESOLVE ALLOWING £.3 „ 1 „ 6, TO JN"^ KNIGHT FOR FERRY AGE. 

Kecords'of the Upon THE AccoMPT of John Knight for Ferryage of sundry Men & 
OoiiDc.il, ix., 87. Horses in the Service from Bloody Point to Kittery in the Years, 1706, 
1707, 8, & 9: 

Resolved that the Sum of Three Pounds one Shilling & six Pence 
be Allowed & paid out of the Publick Treasury to John Knight the 
Accomptant in full of his Accompt on the other Side. [^Passed Novem- 
ber 10. 



Legislative 
Records of the 
Council, ix.,87. 
Mass. 

Archives, xx., 
149. 

P0St,K\l'A^. 118. 

Mass. 

Archives, xx., 
144, l.il; xlviii., 
418; li., 207; 
cxxii., All. 
Legislative 
Records of the 
Council, ix.,56, 
77, 82, 83, 87, 88. 
Executive 
Records of the 
Council, v., 298. 
Sewall's 
Diary, ii., 283, 
284 bis, 288 Ms. 



Legislative 
Records of the 



CHAPTER 113. 

VOTE CONSTITUTING M" JER. DUMMER AGENT FOR THIS PROVINCE. 

Voted That the S'^ M"^ Jeremiah Dummer be Constituted the Agent 
of this Province to Negotiate the Affairs thereof at White Hall, accord- 
ing to the Instructions, which from time, to time, Shall be given him 
by this Court. \_Passed November 10. 



CHAPTER 114. 



ORDER ADJOURNING TAUNTON S^ PART HEARING. [Passed November 10. 



\_Printed ivith resolves, orders, etc., *■'■ granting lands, establishing pre- 
Councii, ix.,88. Qi^iQig and parishes, and determining territorial boundaries."^ 
Post, chap. 136. 



CHAPTER 115. 

ORDER ON REPORT OF THE JUSTICES REFERRING TO THE ESTATE OF 

JNO JOHNSON DEC». 



Legislative 
Records of the 
Council, ix., 81. 
Mass. 

Archives, xl., 
939. 



Essexss Att her Maj''"' Inferiour Court of pleas holden at Ipswich 
March 28"' 1710. annoq. RR"" Annoe Nunc Magnse Brittania? ttc" nono 

In Pursuance of an order of the Generall Court on. 18"" June : 1709 
wherein the Petition of Thomas Johnson of Haverhill was referred to 
us to Examine into the Matters Set forth in Said Petition and to Make 
report thereon 

Wee did at Salem Court December 1709 Send for the parties Con- 
cerned who Appeared But for want of the Petition we could Not then 
proceed but Continued it till Ipswich Court March 1710 where we Con- 
sidered the matter and having Examined the Parties at Salem Evidences 
and papers Concerning it 

Wee find that on June, ll"* 1696. John Johnson Deceased made his 
will and therein gave his Son Timothj' Considerable on Condition &c"' 
and Made him Executors Said Timothy Dying in about. 3. months after 
could not performe the Condition 

Wee find by Evidence that about 1704. John Johnson made a Deed 
of gift and gave his Grandson Thomas Johnson his house and Land 
on Condition therein Made and that Said Johnson did in the yeare 1708 
Make a new will and oave Thomas Therein about 30" 



[4th Sess.] Province Laws (Besolves, etc.). — 1710-11. 155 

Wee find by a paper given to us by Henry Franklin John Johnson 
Thomas Flint and James Sanders in behalfe of Thomas Johnson that 
they think it very vnreasouable that the first will Should Stand. Tim- 
othy not haveing performed the Condition and had given him more 
in value then his Share of the whole Estate would Amount to 

Wee humbly offer our Opinion that the whole Estate may be Con- 
sidered as Intestate and that the Grandson who Served and assissted 
his Grandfather for three or four yeares may be Considered to have a 
Single Share with the Children all which is Humbly Submitted : 

Kead and accepted, and Ordered That the instate of the above-named 
John Johnson be distributed according to Law, as an intestate Estate. 

Sent down for approbation. 

In the House of Representatives 

Read & Approved. \_Passed November 11. 



CHAPTER 116. 

ORDER GRANTING THE PETITION OF CPT. JOS: EATON. 

Upon reading a Petition of Joseph Eaton Agent for the Freeholders. Legislative 
Proprietors & Inhabitants of the Town of Salisbury within the County councu.fx.lsl. 
of Essex, Praying on the Behalf of the said Proprietors that they may Mass. 

^ ^ Archives 

be Enabled by an Act or Order of this Court to have the Hearing of a cxiii., 564. 
Cause before the Superiour Court of Judicature tryed at the Inferiour MasZ 
Court of Common Pleas held at Newbury in the County of Essex on the ^^-'"^rSlinfio 
last Tuesday in September 1706: between John Coy of Wenham &c Legislative 
Plaintiff V" the said Proprietors Defend'* Who by their Agent appealed councif '^^ ^^^ 
to the next Superiour Court of Judicature, Where the said Appeal was ix., 3i bis. 
dismiss'd, for an Omission or Lapse in the Direction of the Reasons 
of Appeal, & have no Way open in the Course of the Common Law 
to bring on y" same again. 

Ordered. That the Prayer of the Petition be Granted, and that the 
S'^ Proprietors be and hereby are allowed and Enabled to have a Hear- 
ing of the cause commenced ag' them by John Coy of Wenham Car- 
penter only surviving Son and heir of Richard Coy (said to be) formerly 
of Salisbury dece** In the Inferio' Court for the County of Essex held at 
Newbury on the 24'^ of Sepf 1706. and the Judgment given thereupon 
mentioned in the Petition, before the Superiour Court of Judicature to 
be hol[de]n^ at Ipswich the third Tuesday of May next, in nature of 
an Appeal ; And the Judges of the s*^ Superio"" Court are hereby Im- 
powred and Directed to receive. Hear and Try the said cause accord- 
ingly ; And to allow an amendment of the Lapse or mistake in the Title 
or Directions of their Reasons of Appeale from the Judgem' of the 
afores"* Inferiour Court formerly given in : So that the Appell" cause 
the adverse party to be uotifyed of this Tryal, by a Summons issuing 
out of the Clerks Office of the Superiour Court, and Served upon him 
fourteen da3''s at least before the Courts sitting ; and in case they obtain 
Judgement upon this Tryal, no former Costs be Allowed them. [Passed 
November 11. 

' Manuscript mutilated. 



156 



Province Laws {Resolves, etc. ) . — 1 710-1 1 . [Chaps. 117,118.] 



CHAPTER 117. 



ORDER GRANTING THE PETITION OF STEPH. SEWALL ESQ'' REFER- 
RING TO Y^ ESTATE OF CPT. WAINWRIGHT DEC. 



Legislative 
Records of the 
Council, ix., 84. 
Mass. 
Archives, 
xvii., 258. 

Mass. 
Archives, 
xvii., 257. 



Upon reading a Petition of Stephen Sewall Esq'' Guardian to John 
Wainwright a Minor, only Son to Cpt. Simon Wainwright late of Hav- 
erhill Dec'^ being slain & his House burn'd with all his Books & most 
of his Writings Papei's & Bonds at the Time of the Attack, Outrage 
& Desolations committed by the French & Indians upon the Town of 
Haverhill in the Year 1708. Praying in Behalf of the said Minor and 
others interested in the Estate, That Commissioners may be appointed 
with Power to call before them all Persons indebted to the said Estate 
& to require & administer an Oath to them referring to the Debts they 
respectively ow both as to the Quantity & Specie of Payment, The 
said Commissioners to report their Doings therein from Time to Time 
to the Governour & Council, that so the necessary further Directions 
may be given. 

Ordered That the Prayer of the Pef^"" be Granted, And that the Jus- 
tices of the Inferio'' Court within the County of Essex, or any two of 
them be Commissioned and Impowred to and for the Service therein 
mentioned.^ [^Passed November 11. 



CHAPTER 118. 

COMM'T^^s REPORT OF A DRAUGHT OF COMMISSION & INSTRUCTIONS TO 

Y'' AGENT. 



Legislative 
Records of the 
Council, ix., 88. 
Mass. 

Archives, xx., 
158, 160. 

Ante,c\\A\^.m. 
Post, chap. 119. 
Legislative 
Records of the 
Council, ix., 
87, 88. Execu- 
tive Records of 
the Council, v., 
298. 



The Committee reported the Draught of a Commission & Instruc- 
tions for M"^ Jeremiah Dummer jun"' Agent for this Province, Which 
were severally read & with some Amendments in the Instructions, Ac- 
cepted by both Houses & Voted to be Engrossed. 

Joseph Dudley P^sq' Captain General & Gov"" in Chief in & over 
Her Maj'^^ Province of y'' Massach"* Bay in New England 

To all unto whom these presents shall come Greeting 

Know yee That whereas the Great & General Court or Assembly in 
their present Session, Have Elected & Requested M'' Jeremiah Dum- 
mer Jun"" to Undertake the Service of an Agent for this Province of 
the Massachusetts Bay aboves'^, I Do, by & with the Advice & Con- 
sent of the Council and Assembly, hereby Constitute, Appoint and 
Impower the s'' M"" Jeremiah Dummer Agent as Afores*" To Attend 
Her Majesty, The Right hon'''*" the Lords Commissioners of the Council 
for Trade & plantations, and other proper Boards in y" Affairs of this 
Government, according to Such Instructions, as are herew"' given him ; 
And to Observe such further Instructions as from time to time, he 
shall receive from my selfe, or the Govern"" for the time being, w"" the 
Council and Assembly of the s'^ Province 

Given und"" my hand and the Common Seal of the Province aboves^ 
At Boston the Eleaventh day of November. 1710 In y*^ Ninth Year of 
y*" Reign of our Soveraign Lady Anne, by the Grace of God of Great 
Britain, France & Ireland (^ueen Defender of the Faith &c 



> The House of Representatives "concurred," with this addition: "the Adnrfs Paying 
the necessary Costs of those that shall besumoned." Nothing further appears in the records. 



|]4th Sess.] Province Laws {Resolves, etc.). — 1710-11. 157 

In Council. 
Read and accepted, to be Engross'd and Signed by his Excellency, 
and Countersigned by the Secretary. 
Sent down for coucurrance 

In the House of Representatives 
Read, & Pass'' a Concurrence. 

Province of the By his ExcelP^ Joseph Dudley Esq' Cap* 

Massachusetts Bay Gen' & Gov' in Cheif, w"" y* Council 

& Assembly 

Instructions for M' Jerimiah Dummer Juu' in pursuance of the 
Coiuission herewith sent him, to be Agent for y^ Province of y'^ Massa- 
cusetts Bay. 

You are to Attend her Majesty, The R' Hono''* y" Lords Comissiou" 
of the Council for Trade & plantations, & others of the Ministry of 
State as you may think proper & necessary, with a Representation of 
y« Circumstances of o' Affairs relating to y^ War w'= we have humbly 
Laid before her Maj'y by o' Sever' repeated humble Addresses, and 
memorials. 

You are to set forth y* Distresses, Heavy Losses & Insupportable 
Charge that has been drawn upon her Majesties good Subjects of this 
Province for y* necessary Defence of y™ selves & of her Maj'"^^ Inter- 
ests in y*^ Long Continued War both in y'' Late & present Reign, to- 
gether with y^ Su^added Charge of the preparation for y*" last years 
intended Expedition and y'' Assistance given to that of this years, W^, 
tho it hath been prospered by the Fav' of Allmighty God to y* Reduc- 
tion of y*" french settlem" in Nova Scotia, Yet it is not to be expected 
that her Maj"^' good subjects in this & y^ neighb^ng Colonies can enjoy 
any Setled repose & quiet as Long as the French do hold y" Country 
of Canada in their hands, w'= are already very numerous, do yearly ex- 
tend their setlements round us & grow more formidable by y*^ Interest 
& Alliances w"= they make w**" y* Salvage Nations, w*" being bigotted to 
their Superstitions are more easily instigated, as accounting it meri- 
torious, to coinitt all manner of Cruelties & Depredations upon us. 
And if that Country be not subdued during y^ present War y^ French 
King ma}" easily, as 'Tis reported he hath sometimes designed. Send 
over such a number of Inhabitants there, as upon y*^ next rupture be- 
tween y^ Crowns may indanger all her Majesties Settlements upon this 
Continent. 

If it shall be her Maj"^' Royall resolution to form an Expedition ag'' 
y' Country and shall Command any assistance thereto from hence you 
are by all means to endeav' y* Lessening o' Last Quota w*^ we conceive 
beyond o' proportion w"" o' neighb" Espec. ConsidMng we are obliged 
notwithstanding to keep o"" Ordinary Guard of 6 or 7. hund'' men on 
o' frontiers, & to raise & Equip Sever' vessells of war for Guarding of 
y* Coast w'= y^ other Goverm'^ Share in y'^ benefit of. The Guards of 
New York governm' are upon y'' Queens Establishm' & y" french & y' 
Indians are coilianded by y' master to be Nutrall on y'' Side of Albany 
Whilst y* Standing charge of this Prov:, cornunibus annis, has been 
little if any thing short of Thirty Thous'' pound ^ annum. O' 

Extraordinary heavy charge by reason of y^ Pressure of y*" War, whilst 
some of o"" neighbouring Governm'^ have felt but very little thereof, 
till very Lately ; has Occasioned a Considerable number of families, 
■of young & able bodied men to remove from this Prov : into y*^ neigh- 
bouring Governm'^ to be eased of Charge & free of Danger by whom 
sev' Towns have been raised «fe peopled there. Besides that for y*^ same 
Reasons great numbers have gone abroad by Sea & are Employed in 



158 Province Laws {Resolves, etc.). — 1710--11. [Chap. 118.] 

her Maj"*"' Service in Europe & Elsewhere so that we are much De- 
creased. 

You are to sollicit that y^ Southern Plantations viz. Virginia Mary- 
land &c may be Obliged to Afford their proportionable Charge towards 
y' Expedition. 

If Her Maj'^' be pleased to form an Expedition for the Reduction of 
Canada, and Her Maj'^' Armes be prospered for y" conquest thereof. 
You are humbly to Represent w"^ y'' greatest instance our utter inability 
to afford either men or money for the Garrisoning of y" same. 

But in Case y'' Expedition should not proceed you are in y*^ most 
pressing manner to endeav"" that her Maj"''^ Colhands may be sent to 
y'' Gov'nm' of New York to forbid that any thing like a Nutrality be 
maintained by y'" but that they & y' Depend" Indians may be Engaged 
with us ag'' y'' Coinon enemy. 

And when negotiations for a Peace are revived You are to use your 
utmost Endeavours, for the Rendition of the Countrey of Canada, to 
Her Majesty, And That the Countrey, of Port Royall & Nova Scotia, 
now happily reduc'd to Her Obedience, may be so Continued. 

You are to have a regard to the sever' Articles in o"" Addresse but 
Espec. W° any settlem' of Annapolis Royal shall be projected to use 
yo"" best endeav"" for y" Obteining for y^ Inhabitants of this Prov : y® 
Benefits therein prayed for 

Part : ^ That There may be Confirmed unto them y^ Free Liberty of 
Fishing & Whaling on y*^ Seas, banks, Shoares, Ba3^es, Harb'^s, Rivers, 
Creeks & coves of y' Country «fe of making fish & Oyle on y*^ Shore as 
Also y® Liberty of Digging & Fetching off Sea Coal from thence free 
from all duties &c. 

You are also in any of y* afores** or other Weighty matters y' Im- 
port o"^ Welfare to Consult and Advise with y* Hon**'^ Coll° Francis 
Nicholson whose prudent & industrious managem' of y** Late Expe- 
dition & y' Zeal he hath expressed therein for her Maj'''^' Service & 
y* repose of this Province hath justly recommended him to y** affections 
of this people & given y'" a great value for his friendship. 

You are to represent Well to her Maj^ & y^ Ministry, y^ Gov^'n' 
Council & representatives with reference to their ready obedience to 
her Maj'''^' Demands & in y*" Sev' capacities forwarding to y" utmost y® 
Late expedition. 

And if any complaints are or shall be made by the Gov''nm" of Con- 
necticott or Road Island referring to Limits or Boundaries we desire you 
to move that we may be diiely notified & Served with a Copy of y*" Com- 
plaints, & have reasonable time allow'd to be heard on y* head thereof, 
before any order be made for an Alteration &, in all other matters & 
things which may be moved against us. Endeav"" to prevent any de- 
termination in o"" prejudice. 

You are to Observe y*^ Aforegoing Instructions & such others as 
from time to time you Shall receive from myself or y^ Gov"" for y'^ time 
being, with y'' Council & Assembly. And by all Opportunities 

Advise of w*" shall occurr w"" reference to this Gov'"nm' or any thing 
relating to y^ Affairs thereof. 

Boston Nouem*" 11'^ 1710 John Hathorne in the 

name of the Committe 

At Boston yMl* of Nov' 1710. 
Countersigned. 

By and w'^ y'' Advice and Consent of y^ Council «fe Assembly. 

Signed. 
I. A. Secry. J Dudley 

\_Passed November 11. 

' Qu., "Particularly" ? The first letter is not clear. 



[4th Sess.] Province Laavs (^Resolves, etc.). — 1710-11. 159 



CHAPTER 119. 

RESOLVE DIRECTING £.200, BILLS OF EXCH^ TO BE PROCURED FOR 
Y*' AGENT, -M" JER: DUMMER JUN«. 

Resolved That the Ti-easurer be Directed to Purchase good Bills, of u':?^®|?*''^f j.u 
Exchange for Two Hundred Pounds Sterling, to be paid to ]\P Jere- Couucii, ix.,88. 
miah Uuiiier, jun'' in Loudon, to Enable him to Negotiate the Affairs Archives xx 
of this Province. \_Passed November 11. i67. 

Ante, chap. 118. 



CHAPTER 120. 

VOTE ON PROPOSAL FOR ACCOMMODATION OF THE LINE BETWEEN THE 
MASSACHUSETTS & RHOAD ISLAND. VIDE AGREEM'^ MADE ABOUT THE 
LINE ENTERIC LIB. 2. P. 151 FOR COMMISSION & OTHER PUBLICK WRIT- 
INGS. [Passed November 11. 

\^Printed with resolves., orders, etc., '■'•granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries.'"'] Courfcif ix *8s 

Post, chap. 134. 



CHAPTER 121. 

RESOLVE ALLOWING £.250, TO HIS EX<"*' THE GOV^ Legislative 

Records ot the 

Resolved That the Sum of Two Hundred &, Fifty Pounds, be Allowed Mass. ' ' '' 
& Paid out of the publick Treasury to his Excellency Joseph Dudley ^ci!"?!.^' 
Esq"" Capt : Geuerall & Govern'' in chief of this her Maj'' Province for ^„;e' chap 48 
his Support, in Managing the Affairs of the Government. [Passed Executive 
November 11. SSv^S. 

CHAPTER 122. 

RESOLVE ALLOWING £.200, TO ANDR: BELCHER ESQ^ COMM"^ GEN^'-. Legislative 

Records of the 
Council, ix., 89. 

Resolved That the Sum of Two Hundred Pounds be Allowed, &, Paid, Mass. 
out of the Publick Treasury, to y= Hon"« Andrew Belcher Esq^ Com- ^S'tt!^' 
miss'^y Generall for his good Service in the S** Office, the year past end- Executive 
ing the nineteenth Day of August last. [Passed November 11. Records of the 

^ J o L Council, v., 294. 



CHAPTER 123. 

RESOLVE ALLOWING £.60, TO IS^^ ADDINGTON ESQ« SECR^. 



• Resolved that the Sum of Sixty Pounds be allowed & paid out of Legislative 
the Publick Treasury to the Hon'''"^ Isaac Addington Esq-" for his ex- Sucfux.Sg. 
traordinary Service for this Province for the Year Curr'. [^Passed Executive 

November 11 . Records of the 

Council, v., 295. 



160 Province Laws {Resolves, e^c.). — 1710-11. [Chaps. 124, 125.] 



CHAPTER 124. 

RESOLVE ALLOWING £.20, TO M« JN'' WHITE. 

Kecords'of the Besolved that the Sum of Tweuty Pounds be further allowed & 
<;ouncii, ix.,89. paid out of the Publick Treasur}' to John White Clerk of this House 
^H<e,chap. 51. for his Service the Year Curraut, beiug extraordinary, ending in May 
Rerordrofthe iiext. \_Passed November 11 . 

Council, v., 295. 



CHAPTER 125. 

RESOLVE ALLOWING £.27, TO ROBERT ELLIS CHIRURGEON. 

Records'onhe Upon AN AccoMPT offered by Robert Ellis Chirurgeon for his Attend- 

Coimcii,ix.,90. ance & Administring to John Crisp a private Soldier under Coll. Tailer, 

Archives, having his Leg broke with a Compound Fracture, And for Horse Hire, 

^'cc^-' ''t- Amounting to £.27 ,, - ^, - • 

Executive ^^ Resolved That the Sum of Twenty Seven Pounds, be Allowed, & 
Council, v., 218, Paid out of the publick Treasury to the s"* Rob' Ellis to Discharge his 

^^"- ace" above written. [Passed November 11. 



[Stii Sess.] Pkovince Laws (liesolves, etc.). — 1710-11. 161 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fourteenth Day of March, A.D. 1710. 



CHAPTER 126. 

ORD" FOR DRAWING IN TO THE TREASURY THE 20s. BILLS OF CREDIT 

OF 1702. 

Whereas at the Session of this Court in October last An Act pass'd Legislative 
entituled An Act for Exchanging the Twenty Shilling Bill of Credit &c : council^, ix.,92. 
Wherein the Treasurer & Receiver Geu'^ of this Province for the Time ^rc^[ „ „i 
being is Directed & Required from & after Publication thereof not to 384. 
issue or Pay out any of the Twenty Shilling Bills of the Date of 1702 : Ante,chap.ios. 
but to keep them in the Treasury with those of the like Sum & Date Mass.*^^^^'' ^^^' 
yet out standing when drawn in to be numbered & accounted among Archives, ci., 
the other Bills that are worn out & rendered unfit for Service, And * ' 
disposed of as this Court shall order ; And the Treasurer is also by 
the said Act irapowered & directed to exchange all the Twenty Shil- 
ling Bills of the aforesaid Date of 1702: which shall be brought to 
him by any Person or Persons whom soever before the first Day of 
this present Month of March, being true Bills not falsified. And give 
them true Bills iu Lieu thereof, And all Persons possessing any of the 
said Twenty Shilling Bills dated 1702, are thereby required to bring 
them to the Treasurer to be exchanged accordingly ; 

Notwithstanding which afore recited Act published printed & dis- 
persed in the several Towns throughout the Province to be there posted 
up & made publick, There are a considerable Number of the said Bills 
yet out standing, not brought into the Treasury to be Exchanged And 
the Time prefixed therefore being elapsed ; 

And this Court being unwilling to take Advantage of Peoples Neglect 
in that Regard, but alwaies desireous to Approve their Justice & to 
maintain & support the Honour & publick Credit of the Govornment 
& to prevent future Forgeries of the said Bills have thought fit to direct 
& order. And accordingly do hereby 

Direct & Order the Treasurer and Receiver General for the Time 
being to proceed and Go forward in the Receiving and Exchanging 
of all True Twenty Shilling Bills of the aforesaid Date of 1702, that 
Shall be brought to him by any person or persons Whome soever At 
any time or times at or Before the Twentieth day of June Next Ensue- 
ing the Date hereof and not after wards. 

And That Printed Copys of this Order be forth with Transmitted to 
the Sherriffs of the Respective Countys to be by them Solemnly Pub- 
lished and posted up in the Shire Town, and to send and Disperse 
others to the Severall Towns of the County, there to be alike posted 
and published & a proper number sent to the neighbouring Govern- 
ments of Coiiecticot Rhode Island & New Hampshire. To the Intent 
all persons may be duly Notifyed to bring in their Bills within the 
Time herein Limited, and no Longer Delay, presuming on the Courts 
Indulgeuce. [^Passed March 15. 



162 Province Laws {Resolves, e^c.) . — 1710-11. [Chaps. 127-129.] 

CHAPTEE 127. 

ORDER ACCEPTING ANDREW BELCHER ESQ^ COMMISSI GEN'-i' HIS ACC^t. 

Records'of the [Upon READING] The Report of the Audit or the Committee upon 
Council, ix., 93. the Commissary Generals Accompts; viz, 

Mass. Pursuant to the Order of the House pass'd the tenth of November 

wcxlr^soi 333- 1710; Appointing us a Committee in the Recess of this Court to ex- 
cxxiii'., 25.' ' amine &, audit the Accompts of Andrew Belcher Esq' Commissary 
Recordrof the Gen" & make Report thereon ; We have attended the said Service & 
Coiinwi, iv., Examined four sev" Accompts of the said Commissary ; The first 
5561 569,' 572,'602, Accompt being from Jan : 24. 170f , to May 5* 1708 : And the Ballance 
32^ Es^CT ^77^97 ^^^®'^ ^^^ ^^ ^^^^ from the Province was the Sum of One Thousand six 
113, i'i7, \ubis Hundred &, nine Pounds, sixteen Shillings & four Pence ; The second 
277/286^302^3321 Accompt froiii May 51^^ 1708 ; to to^ Jan : 20 : 170f ; And the Ballance 
339,340,348,358. ^jjgjj (j^g from the Provincc to the said Commissary was One Thousand 
two Hundred, twenty two Pounds nineteen Shillings & seven Pence ; 
The third Accompt from the 20"" of January 170|. to the 28'^ Day of 
March 1710: And the Ballance then due to the said Commissary was 
the Sum of One Thousand seven Hundred & fifty seven Pounds, two 
Shillings & Eight Pence : The fourth Accompt being from the 28'^ 
Day of March 1710, to the thirtieth Day of December next after ; And 
the Ballance then due to the said Commissary was the Sum of Four 
Hundred & twenty seven Pounds, three Shillings & Eleven Pence : 
All which Accompts having been found right cast & well avouched, We 
are of Opinion tliat the said Commissarys Accompts from Jan"^^ 24"* 
170f. to Dec. SO'** 1710, as aforesaid ought to be Accepted & past by 
this Court & the said Commissary be discharged accordingly, His Ac- 
compts before that Time having been heretofore allow'd & pass'd by 
this Court : John Clark 1 

Ephraim Savage Nath^'- Carey > Comm'^* 

James Barnes Tho : Hltchinson ) 
Boston Jan^ 26. 171^, 

Ordered, That the Report abovewritteu be Accepted, & that the said 
Commissary General be discharged accordingly. \_Passed March 15. 



CHAPTER 128. 

ORDER ALLOWING £.4, TO ENSIGN JN" FOWLER. 

Records'ofthe [Upon READING] An Accompt of the Charges of Ensign John Fowler 
Council, ix., 94. in his Sickucss, amounting to Four Pounds 

Archives, Besolved That the Sum of Four Pounds be allowed & Paid out of 

ccci., 75. the Publick Treasury to Ensigne John Fowler to Discharge the acc*^ 

Mass. 
Archives 
ccci., 75. 



Mass. on the other side. [Passed March 15. 

Archives, 



CHAPTEE 129. 

ORDER ON PETIT^ FOR A PRECINCT IN READING. [Passed March 16. 

Records'of the \_Printed loUh resolves, orders, etc., ^^ granting lands, establishing pre- 
Council, ix., 95. ciiicts and parishes, and determining territorial boundaries. ""^ 

> Sic. 



[5tii Sess.] Province Laws (^Ilesolves, etc.). — 1710-11. 163 



CHAPTER 130. 

ORDER ON DORCHESTER PETIT'* REFERRING TO THEIR LINE NEXT Legislative 

BRIDGE WATER. [Passed March 16. Records of the 

'■ Council, IX., 95. 

Mass. 

[Pi'inted with resolves, orders, etc., ^^ granting lands, establishing pre- Archives, iii., 

cincts and parishes, and determining- territorial boundaries."'} rz • 

Archives, ill., 
128. 



CHAPTER 131. 

ORDER REVIVING A HEARING ON PETITION OF ELEAZAR WALKER. 

Upon reading a Petition of Eleazar Walker of Taunton annexed to his Legislative 
Petition presented to this Court in June last past, Praying for Relief councif, i'x.,96. 
in p]quity aoainst Joseph Tisdale of the same Place for not Rendriug Mass. 

Archives xlv . 

unto him the said Walker two Lotts or Shares of Land in the South 375. 

Purchase in Taunton afore said, Which he conve37ed to the said Tis- Mass. 

dale for a Security (as he saith) for about Thirteen Pounds in Money ^S!^i7®®' ^^^■' 

borrowed of him, upon his Promise to restore the same upon Payment 

of the said Money, with Interest, W^ he now refuseth to do. And a 

Hearing of the said Matter being appointed on the first Tuesday of the 

last Session, Before which Time the said Parties entered into a Bond 

of Submission to leave their Differences to the Determination of certain 

Ai'bitrators therein named, But the said Tisdale neglected to attend 

the said Arbitrators, so that they declined to Make any Award upon 

the said Matter, Praying that his Petition may proceed & a Hearing 

be had thereon. 

Ordered That the Hearing before appointed be Revived and continued 
to the Second Wedensday of y^ next Session of the General Assembly. 

And that the Pef cause Joseph Tisdale the person complain*^ of 
to be Notifyed then to attend, by Serving him with a Copy of these 
Petitions and the Order of this Court thereupon. \_Passed March 16. 



CHAPTER 132. 

ORDER ALLOWING JN^ BRADFORD &c £.55. 



Upon reading a Petition of Major John Bradford in Behalf of him Legislative 
self, Sam" Bradford & Israel Bradford Executors of the last Will & ^^;i;^,clf,i'*'.^9|. 
Testament of William Bradford Esq^ late of Plimouth Dec'* Praying Mass. 
Payment of the Sum of Fifty five Pounds, Pursuant to an Agree- ^4?'"''^^' *"'■' 
ment made between the Gen'* Court of the late Colony of Plimouth ^j^^^;^^;^ 
the seventh of June 1690, And the said William Bradford Escf re- Archives, ci., 
specting his Claim, Title & Demand to Lauds heretofore bought of ^' '* 
the Indians for the Countrey lying at the Cape ; 

Ordered That the Sum of Fifty five Pounds, be Allowed, & Paid out 
of the publick Treasury, to the Exec"^' of William Bradford Esq"^ Dec*^ 
upon their Making Releasep, to this Court, or Persons, appointed, by 
them, according to the Tenour and in as full, & ample manner as was 
agreed, to be done by the S** William Bradford Esq' deceas'' to the late 
Colony of New Plymouth, which agreement is expressed on the other 
Side. [Passed March 16.^ 

' In the Secretary's copy of the Legislative Records of the Council, ix., 96, there is the 
following marginal memorandum : " NB : This Order is entered on the Agreement." 



164 Province Laws (i?eso?t;es,ete.). — 1710-11. [Chaps. 133-137.] 



Legislative 
Records of the 
Council, ix.,96. 

Ante, chap. 84. 
Executive 
Records of the 
Council, v., 362. 
Records of the 
First Church 
at Dorchester 
in New Eng- 
land, 1636- 
1734, p. 223. 
Love's Fast 
and Thanks- 
giving Days of 
New England, 
p. 487. 



CHAPTER 133 



VOTE APPOINTING A FAST DAY. 



A Message from the House by Maj"" Bradford & Cpt. Oliver, To 
desire a General P^ast may be appointed ; And accordingly his Excel- 
lenlency with Advice of the Council directed that Thursday the twelfth 
of April next be sett a Part for that Service. \_Passed March 16. 



CHAPTER 134. 



AGREEMT ENTER'D AT LARGE IN THE BOOK FOR COMMISS^s & OTHER 
PUBLIC WRITINGS N" 2. AGREEM'' OF V- PARTITION LINE BETWIXT 
MASS-^ & RH: ISLAND ACCEPTED. [Passed March 16. 

Records'ofthe \_Printed imth resolves, orders., etc., ^'' granting lands., estdblisliing pre- 
CouDcii, ix.,97. cincts and parishes, and determining territorial boundaries. "'\ 

Ante, chap. 120. 



Legislative 
Records of the 
Council, ix., 97. 
Mass. 

Archives, xi., 
371. 

Ante, chap. 83. 



CHAPTER 135. 

RESOLVE ALLOWING £.10, TO M^ PARIS MINISTER OF DUNSTABLE. 

Resolved That the Sum of Ten Pounds be allowed and Paid, out of 
the Publick Treasury, to the reverand m"^ Samuel Parris minister at 
Dunstable for his service the halfe year curr' ending with this mouth. 
\_Passed March 16. 



CHAPTER 136. 

VOTE REFERRING TO THE S*^' PRECINCT IN TAUNTON. [Passed March 16. 

Records^of the \_Printed tvith resolves, orders, etc., ^'•granting lands, establishing pre- 
Councii, ix., 97. cincts and parishes, and determining territorial boundaries. "'\ 
Ante, chap. 114. 



CHAPTER 137. 



Legislative 
Records of the 
Council, ix.,98. 
Mass. 
Archives, 
Ixiii., 178. 

Legislative 
Records of the 
Council, ix., 94. 



ORD^ REFERRING TO Y^^ PROV. GALLEY, 

Ordered That His Excellency the Govern'' be Intreated, to Restore, 
Capt : W™ Pickering to the Command of the Province Galley. 

That he be Allowed after the Rate of eight Pounds ,jp month, for the 
year curr' or for Such time thereof, as he Shall bear that Command. 

And That the Victualling of the s*^ Ship for the year curr' be in the 
Proportions following viz' 

One Pound of Bread, Three Qvarts of Beer, & halfe a Pint of Peas, 
to a man !\p Day. 

And Two messe Pieces of meat, to five men ^ Day. \_Passed 
March 16. 



[5th Sess.] Province Laws {Resolves, etc.). — 1710-11. 1G5 

CHAPTEE 138. 

VOTE REFERRING TO A 2° MEETING HOUSE IN REHOBOTH. 

On mature Considekation of a petition humbly presented to this Legislative 
Court by Samuel Peck and a considerable number of the Inhabitants councifjx., 97. 
in the Southern part of the Town of Rehoboth dwellins far remote ^}^^f: 

1 c? Archives, xi., 

from the place of the publick Worship of God in the s** Town ; Pray- 390. 

ing they may be Set off a distinct and Seperate Precinct to procure and Ante, chap. so. 

Settle a Minister in that part thereof. The Town having been Sei-ved Archives xi. 

with a Copy of the s** Pet'"" and their Agent and the Pet" heard there- 386-390. 

upon, both parts agreeing to the necessity of having another Meeting 

House and Minister to accommodate the respective parts of the Town 

and proposing that it will be most agreeable to be done by the whole 

in General, rather than by Setting off a precinct. 

It is Recommended to the Town of Rehoboth forthwith to Erect a 
Meeting House and Ministry House and assigne a sutable accommoda- 
tion of Land thereto in the said Southern part of the Town ; And also 
to Vote and Settle a competent annual Salary for the lion*"* Support 
and maintenance of the Ministry in both parts giving preference to the 
first and ancient part of the Town, and saving inviolable their Contract 
with their present Minister. 

This to be fully concluded Setled and put in Execution before the 
Session of this Court in May next and then Reported. Or that the 
Court then assume the further Consideration of the petition. \_Passed 
March 17. 



CHAPTEE 139. 

ORDER ON JOSIAH MELLISH'S PETITION IN REGARD TO A PARTNER- 
SHIP BETWEEN HIM AND JOSEPH PARSONS. 

Upon reading a Petition of Josiah Mellish Merch' Setting forth that Legislative 
the Petitioner & one Joseph Parsons came Partners into this Countrey councff tH^L 
& brought with them a considerable Cargoe of Goods amounting to Mass. 
about Two Thousand Pounds Sterling, the greatest Part thereof did cxM.x"T39'. 
appertain to the Petitioners Friends & Relations, he being thi-ee Fifths Mas! 
concerned in the said Partnership & the said Parsons two fifths, that Archives, 

c vix '■''So 237 

the said Parsons has clandestinely got the Petitioners Articles of Part- 

nership into his Hands, which he detains or has cancelled, And taking 
Advantage of the Petitioners Absence out of Town took all the Goods 
& Books of Accompts concerning the Partnership out of the Publick 
Ware-House & carried them to his own Lodging & Possessing Him self 
thereof & of all the Money &c : Absconds & is concealed in his Lodg- 
ing, D'esigning in a little Time to be gone to the great Prejudice of 
the Petitioner their Correspondents and the Honest Trades Men of the 
Town ; Praying to be relieved & that the said Parsons may not be 
suffered to transport him self untill he has adjusted all Matters refer- 
ring to the Partnership, that the Gentlemen concerned be not cheated &c. 

The Said Joseph Parsons being Notifyed to Attend that he might 
make Answer thereto Refused to Appeare. 

Wherefore for Preventing the Imbezelm' & Squan'dring away the 
Estate of the Merchants in England their Principals, who have En- 
trusted them with the Managem' thereof, by their Unhappy Differences. 

Ordered^ That Thomas Brattle Thomas Palmer Esq" and M'' William 
Harris Be and hereby are Appointed & Impowered a Committee to 



166 



Province IjAws {Resolves, etc.) . — 1710-11. [Chaps. 140-143.] 



Negotiate an Accommodation betwixt the said partners if that can be 
Effected otherwise to Demand take and Receive into their Care and 
Custody all the Goods Wares Merchandizes and Effects belonging to 
their Imploiers and principals with the Books Accompts papers and 
Writings Relating thereto. And to see that they be Managed Improved 
and Imployed According to the Orders and Instructions of the Princi- 
pals and Owners untill the Next session of this Court When further 
Consideration may be had of this Affair And the Necessary Orders 
made thereon 

And that in the Meantime neither of the said partners do Depart 
this Province without Special Licence for the Same from his ExcelP^ 
the Governour. \_Passed March 17. 



Legislative 
Records of the 
Council, ix., 
100. Mass. 
Archives, 
cxiii., 291. 

Mass. 
Archives, 
cxiii., 290, 292. 



Legislative 
Records of the 
Council, ix., 
100. Mass. 
Archives, xi., 
370. 

Ante, chap, 42. 



Legislative 
Records of the 
Council, ix., 
100. Mass. 
Archives, xi., 
368. 

Mass. 

Archives, xi., 
369, 370. Leg- 
islative Rec- 
ords of the 
Council, ix., 94. 



CHAPTEE 140. 

ORDER GRANTING PETITION OF TAUNTON NORTH PRECINCT TO BE A 
TOWN BY ¥•= NAME OF NORTON. [Passed March 17. 

\_Printed with resolves, orders, etc., '■'•granting lands, establishing pre- 
cincts and parishes, and determiyiing territorial boundaries "'\ 



CHAPTER 141. 

RESOLVE ALLOWING 20s. ^ WEEK TO M'' TUFTS. 

Resolved That there be allowed & Paid out of the Publick Treasury 
to m"' Tufts twenty Shillings, for each Sabbath, he hath or Shall Preach 
at Tiverton, from the time he was last paid to the session of this Court 
in may next. \_Passed March 17. 



CHAPTER 142. 

RESOLVE GRANTING £.20, PER ANNUM TO M" AVERY PREACHER OF 

FREETOWN. 

Resolved That there be allowed & Paid out of the Publick Treasury, 
to M'' Joseph Avery, after the Rate, of Twenty Pounds ^ annum, for 
each Sabbath, he hath or shall preach at Freetown, from the time, 
he was last paid to the session of this Court in may next. [^Passed 
March 17. 



CHAPTER 143. 



Legislative 
Records of the 
Council, ix., 
100. Mass. 
Archives, xl., 
942. 

Mass. 

Archives, xl., 
941; Ixxl., 761, 
762. 



RESOLVE ALLOWING SETH SMITH PAYM^ FOR KEEPING ODELL. 

Upon reading a Petition of Seth Smith Keeper of his Majesties Goal 
in Boston, Praying Allowance for Diet & Keeping of Thomas Odel, 

Resolved That there be Allowed, & Paid out of the Publick Treasury, 
to Seth Smith the Petitioner, for forty one weeks. Dieting of Thom' 
Odel, two Shillings «fe six pence ^ week. \_Passed March 17. 



£5th Sess.] Pkovince Laws (^liesolves, etc.). — 1710-11. 167 

CHAPTER 144. 

ORDER ALLOWING HUMP. BRADSTREET £.50, UPON HIS ACC^ts. 

Upon reading the Report of the Committee of both Houses upon the Legislative 
Accompt of Humphrey Bradstreet Chirurgeon for his Attendance & comic'ii'.ix.!'^^ 
Application to Cpt. Humphrey Hook, Hugh Pike & Peter Rich wounded wo. Mass. ' 
in her Majesties Service, That there be paid to him the Sum of Fifty ixxi., 749.' 
Pounds in full of his Three Accompts ; ^nte, chap. 94. 

Ordered That the S'' Report be accepted. • Archives 

And That the Sum of Fifty Pounds, be Allowed, & Paid out of the ixxi., 748.' 
Publick Treasury, to Doct' Humphry Bradstreet, in full of his accompts 
therein mentioned. \_Passed March 17 . 



CHAPTER 145. 

RESOLVE IN REGARD TO THE COMMTee tO TAKE ACCt OF UNSERVICE- 
ABLE BILLS. 

The following Resolve pass'd in Council ; Viz, 

Resolved that Eliakim Hutchinson, Penn Townsend & Edw^ Brom- Legislative 
field Esq" with such as shall be named by the Representatives be a coumif ix*^^ 
Committee to take an Accompt of Bills defaced, worn out and Render'd loo- 
unfit for further Use & the Twenty Shilling Bills ordered to be called ^n<e, chap. 126. 
in & Make them up in distinct Bundles with the Quantity of each that Archives ci. 
are lying in the Treasury, That they may be ready against the next 383. 
Session of this Court to be disposed as this Court shall direct : 

Read & Concur'd by the Representatives ; And 

Voted that the Representatives of the Town of Boston be joined to 
assist in the Affair afore said. [Passed March 17. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1711-12. 



[169] 



LEGISLATIVE LIST' 



I 7 I I - I 2. 



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 
John Hathorne 
Elisha Hutchinson 
Samuel Sewall 
William Brown 
Isaac Addington 
John Phillips 
Jonathan Corwin 
Peter Sergeant 



Penn Townsend 
John Appleton 
John Higginson 
Andrew Belcher 
EsQRS. Samuel Patridge 

Edward Bromfield 
Ephraim Hunt 
Daniel Eppes 
Thomas Noyes 



ESQRS. 



Of the Inhabitants of or Proprietor's of Lands loithin the Territory formerly called 
the Colony of New Plimouth; 

Nathaniel Payne ' ) John Gushing 

Isaac Winslow ) * John Otis 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Province of Main; 

Eliakim Hutchinson, John Wheelwright & Ichabod Plaisted, Esqrs. 

Of the Inhabitants of or Prox)rietors of Lands within the Territory lying betioeen 
the River of Sagadahock & Nova Scotia ; 

Joseph Lynde, Esq. 

For the Province^ at large : — 
John Walley & Nathaniel Norden, Esqrs. 

1 See Legislative Records of the Council, ix., 104-106. 
[171] 



172 Province Laws {Resolves^ etc.). — 1711-12. [Representatives.] 



REPRESENTATIVES or DEPUTIES. 
Maij 30, 1711 to April 21, 1711-12. 



l^lR. JOHN BURRILL, Speaker. 



Boston, 



JRoxbtirif, 

Dorchester, 

Hingham, 

Brcmtrey, 

Dedham, 

Medfield, 

Weymouth, 

Miltofi, . 

Wrentham, 

Mendon, . 

Brookline, 

Woodstock, 



County of Suffolk. 
. . John Clark, Esq., 

Addington Davenport, 
Capt. Thomas Hutchinson, 
Major Thomas Fitch. 

. Mr. William Denison. 

. Mr. Hopestill Clap. 

. Samuel Thaxter, Esq. 

. Mr. Nathaniel Hubbard. 

. Mr. John Fuller. 

. Mr. Henry Adams. 

. Capt. John Hunt. 

. Mr. Ephraim Tucker. 

. Mr. John Whiting. 

. Josiah Chapin, Esq. 

. Mr. Josiah Winchester. 

. John Chandler, Esq. 



County of Essex. 

Salem, . . . Mr. Benjamin Lynde. 

Ipswich, . . . Samuel Appleton, Esq., 
Capt. William Goodhue. 

Newbury, . . Mr. Cutting Noyes. 

Marblehead, . Mr. George Jackson. 

Lynn, . . . John Burrill, Esq. 

Andover, . . Capt. John Chandler. 

Beverly, . . . Mr. John Balch. 

Bowley, . . . Mr. Ezekiel Jewett. 

Salisbury, . . Mr. Nathaniel Brown. 

Haverhill, . . Mr. John Hassletine. 

Olocester, . . Mr. Joseph Parsons. 

To2isfield, . . Mr. Tobijah Perkins. 

Boxford, . . . Mr. John Paybody. 

Wenha7n, . . Mr. William Fiske. 

Amesbury, . . Mr. Moses Morrell. 

Bradford, . . Mr. John Tenny. 



County of Middlesex. 



Charlestoum, 
Cambridge, 
Watertown, 
Concord, . 
Woburn, . 
Reading, 
Sudbury, 
Marlboro, 
Newton, . 
Maiden, . 



. Capt. Samuel Phipps. 
. Thomas Oliver, Esq. 
. Mr. John Saunders. 
. Mr. Benjamin Whitmore. 
. Mr. Joshua Sawyer. 
. Capt. Thomas Nichols. 
. Mr. Matthew Stone. 
. Capt. Thomas How. 
. Mr. John Ward. 
. Mr. John Greenland. 



County of 

Chelmsford, 
Billerica, . . 
S her bur 71, . . 
Orotton, , . . 
Lancaster, . . 
Framingham, . 



Middlesex — Conchided. 
Capt. Joseph Adams. 
Mr. John Sterns. 
Mr. Eleazar Holbrook. 
Mr. John Farnsworth. 
Mr. John Houghton. 
Mr. Jonathan Rice. 



County of Hampshire. 

Springfield, . John Pynchon, Esq. 
No7-thampton, . Josejih Parsons, Esq. 
Hadley, . . . Mr. Peleg Montague. 
Hatfield, . . . Mr. John Dickenson. 
Suffield, . . . Mr. Jacob Adams. 

Dukes County. 
Major Benjamin Skiffe. 

Nantucket. 
James Coffin, Esq. 

County of Plimouth. 



Plimouth, . 
Scituate, 
Bridgewater, 
Marshfield, . 
Duxboro, 



James Warren, Esq. 
Mr. Thomas Turner. 
Mr. Edward Fobes. 
Capt. Nathaniel Winslow. 
Mr. Abraham Sampson. 



County of Barnstable. 



Barnstable, 

Sandwich, 

Eastham, 

Yarmouth, 

Harivich, 



. IVIr. Joseph Lothrop. 
. Mr. Eldad Tupper. 
. Mr. Samuel Mayo. 
. Mr. Peter Thacher. 
. Mr. John Mayo. 



County of Bristol. 
Bristol, . . . Mr. Simon Davis. 

Taunton, . . Mr. Samuel Williams. 
Rehoboth, . . Mr. Daniel Smith. 
Swanzey, . . Mr. John Thomas. 
Dartmouth, . . Mr. James Samson. 
Little Compton, Capt. William Soutworth. 
Attleboro, . . Mr. David Freeman. 
Tiverton, . . Mr. Joseph Tillinghurst. 

County of York. 
Yo7'k, .... Capt. Lewis Bane. 
Kittery, . . . Mr. Joseph Hammond. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Thirtieth Day of May, A.D. 1711. 



CHAPTER 1. 

ORDER PERMITTING M» JOS: MARION TO CUTT & IMPRINT Y« ES- 
CUTCHEONS ON Y= BILLS. 

Joseph Marion proposing to Cutt & Cause to be imprinted the Es- Legislative 
cutclieons on the sev" Bills of Credit on this Province for the better oouncii, ix., 

Information of People free of Charge to the Public, He having the ^ilL 

Benefit of y^ Disposal thereof, for his own Advantage ; Pos<, chap. u. 

Ordered that he be licenced & permitted so to do. \_Passed May 31. 



CHAPTER 2. 

ORDER IMPOWERING JN^ BERNARD TO TAKE UP £.50, ON THE SECU- 
RITY OF WM COLES HOUSE. 

Upon reading a Petition of John Barnard Executor of the last \Yill K|for,ffof the 
<& Testament of William Cole of Boston Mariner Dec** Prajnng he may councii.ix., 
be impowered to take up Fifty Pounds, upon the Security of the Dwell- Aiviuves',^" 
ing House & Laud of the said AVilliam Cole the Testator by Mortgag- xvu., ^es. 
lug the Whole or Part thereof to Enable him to discharge the Testators 
Debts, Hoping to clear the same out of the Rents by the Time the 
youngest Child comes of Age ; 

Ordered That the Prayer of the Petition be Granted. 

And the Pet"^ is hereby Impowred to take up Fifty Pounds to be 
Applyed to and for payment of the Debts of the said William Cole 
the Testator, And to make over his Dwelling House and Land or part 
thereof, as Security for Repayment of the principal with Lawful Inter- 
est, by the time the youngest Child shall come of age. And to Signe 
Seal and Execute a Deed of Mortgage or Conditional Sale thereof 
accordingly. The Rent and profits arising out of the said House in the 
Interim, over and above the necessary Support of the Children To be 
Improv'd towards Redemption of the Estate. \_Passed June 2. 

[173] 



174 



Province Laws (^Resolves, etc.). — 171 1-1 2 . [Chaps . 3-6 . ] 



CHAPTER 3. 



Legislative 
Records of the 
Council, ix., 
110. Mass. 
Archives, iii., 
419. 

Mass. 

Archives, iii., 
420. 



RESOLVE GRANTING £.44„8„6, TO CPT. LEWIS BANE. 

Upon the Petition of Cpt. Lewis Bane Coroner for y^ County of 
York; 

Resolved That the Prayer of the Petition be Granted, and that the 
Sum of Fourty four Pounds eight sliilliugs & Sixpence, be allowed and 
Paid out of the Publick Treasury, to Capt : Lewis Bane the Petitioner, 
to Pay for the Shallop within-mentioned. [^Passed June 5. 



Legislative 
Records of the 
Council, ix., 
110. Mass. 
Archives, 
Ixiii., 181. 



CHAPTER 4. 

PROPOSAL FOR A SIGNAL OFF MARTHA'S VINEY° TO GIVE NOTICE OF 

Y^ ENEMY. 

Upon Consideration of that Paragraph in his Excellencies Speech 
relating to the Defence of the Frontiers & Coast : It is Proposed, 

That Whereas the French Privateers lying at Holmes's Hole, or 
other Harbours there-abouts do easily Surprise our Coasters in their 
Passage that there may be asuitable Signell made from Gayhead, & 
asuitable place, at the East End of Martha's vineyard, by the Inhabi- 
tants when they perceive any of the Enemy there to Prevent any ves- 
sells passing either wa}' from falling into their hands. 

That a Company of able Volunteers not exceeding forty with a Suit- 
able Captain, & Lieutenant be forthwith Raisd, to march towards the 
Lake & Chamblee, to annoy the enemy there, & keep them at home, 
who shall be paid for every Scalp of a male Indian Enemy or Rebel 
they shall Recover, ten pounds as the law directs, and receive wages, 
the Captain forty Shillings, the Lieut' thirty Shillings, each private 
Centinell twenty shillings p week, they finding and Subsisting them 
selves, the Capt : to keep af air Journell of his Proceedings, & Return 
it with his muster Roll, into the Comissary GeneraUs office. [^Passed 
June 5. 



CHAPTER 5. 



Legislative 
Records of the 
Council, ix., 
111. 

Mass. 

Archives, 
ccxliii., 13. 
Maps and 
Plans, iv., 5. 



ORDER FOR LAYING OUT 300 ACRES OF LAND TO THE ASSIGNS OF 
THO. MAHEW. {Passed June 5. 

\_Printed with resolves, orders, etc., ^^ granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries "'\ 



CHAPTER 6. 



ORDER APPOINTING A COMM^kJ^ TO LAY OUT KITTERY HEAD LINE. 

[Passed June <J. 

Records of* the \^Printed with resolves, orders, etc., ^'■granting lands, establishing pre- 
councii, ix., cincts and parishes, and determining territorial boundaries."^ 

Post, chap. 73. 



[1st Sess.] Province Laws {Resolves, etc.). — 1711-12. 175 

CHAPTER 7. 

ORDER APPOINTING A COMM^ee tO CONSIDER OF FEES. 

Ordered that Elisha Hutchinson & And. Belcher Esq" of the Council ^Iforlfs^yf^th 
& the Secretary with John Clark Addington Davenport Esq" Captain councir, ix., 

Thomas Hutchinson & Captain Samuel Phipps of the Representatives "^' 

be a Committee to consider what they apprehend a proper Establish- 
ment of Fees for such Public Offices in this Province, whose Fees are 
not yet ascertained in the Law. \_Passed June 6. 



CHAPTER 8. 

ORDER IMPOWERING W-^^ CHALLIS &c TO MAKE SALE OF LAND. 

Upon reading the Petition of Mai-y Challis, William Challis, Thomas Legislative 
Challis, John Challis &c, Praying that the Lands assigned to the said council! ix "^^ 
Mary Challis for her Dower or Thirds in the Estate of her Husband us. Mass. ' 
Phillip-Watson Challis some Time of Amesbury Deceased may be dis- xvii.,^29:l' 
posed of for her Support being an Aged Sickly Woman, the Income or 
Profit thereof being of very little Value : 

Ordered That the Prayer of the Petition be Granted, & that William 
Challis, with M' Moses Morrill, & M"" Tho' Currier be Impowered to 
make Sale of the s'' Lands, And That the Produce thereof, or so 

much as Shall be necessary be improved for the Support of the s** 
widow Challis &, that the residue, if any be at her death be divided 
to the then Surviving Heirs. [^Passed June 6. 



CHAPTER 9. 

ORDER APPOINTING A COMM'^J^^ REFERRING TO SALISBURY MEETING 

HOUSE. 

In Council. Legislative 

Upon a hearing of the Petition" and Agents for the Town [Salisbury] council! "ix., 
Ordered That John Appleton, Thomas Noyes and Rich*^ Saltonstall Archiv^es^^i 
Esq" with such as shall be named by the Representatives Be a Com- 376. 
mittee to repair to Salisbury; And upon hearing the Pleas and Alle- Pos^, chap. loo. 
gations on both parts, fully to Determin the place where to Set up the ^rei^i^es xi. 
New Meeting House now about to be built in & for the s*^ Town ; Un- 373-378. 
less they find they can't do it to reasonable Satisfaction on both parts 
then to make their Report to this Court how the matter opens to them 
for the Courts Determination. 

In the House of Representatives. 
Read & Passd a Concurrence. & That Sam" Appelton Esq' M"" Cut- 
ting Noyes, & M'' Dan" Rogers be Joind in thes'' affair. [^Passed 
Jane 7. 



176 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 10-13.] 



CHAPTER 10. 



L.egislative 

Records of the 

€ouncil, ix., 

114 IVlciss 

Archives, ' ORDER OF HEARING ON MILTON PETIT^ FOR A TRACT OF LAND IN 

cxiii., 593. ADDITION TO THEIR TOWNSHIP. [Passed June 7. 

Post, chap. 148. 

Archives [^Printed tvitli resolves, orders, etc., ^'■granting lands, establishing pre- 

cxiii., 592. cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 11. 

ORDER APPOINTING A COMM^ee tO VIEW LANDS AT LANCASTER PUR- 
CHASED OF TOHANTO SAGAMORE. [Passed June 1. 

Records'of the \_Printed with resolves, orders, etc., ^'■granting lands, establishing j^re- 
Councii, ix., cincts and parishes, and determining territorial boundaries."^ 



CHAPTER 12. 



ORDER OF HEARING GRANTED TO JA. PARRY." 



Legislative 
Recorrts of the 
Council, ix., 
115. Mass. 
Archives, xl., 
945. 

Mass. 

Archives, xl., 
947-950. 



Upon reading a Complaint of James Parry of Newport formerly of 
Reboboth against Ebenezer Allen & Matthew Mahew Clerk of Dukes 
County for Issuing out & Causing to be levied an Execution against 
the Complainant for the Sum of Thirty seven Pounds seventeen Shil- 
lings upon a Suit for Seventeen Pounds thirteen Shillings ; 

Ordered That a Hearing be Granted upon this Peticon on the 2** 
Friday of the session of this Court the next Fall,. And y' Ebenez' 
Allen the Plaintiffe And Matthew Maj'hew Clerk of the inferiour Court 
of eoilion Pleas in Dukes County, be served with a Copy of this Peti- 
tion, & a suihous to appear the day afores'' to answer to the Complaint 
therein contained. [^Passed June 7. 



CHAPTER 13. 



ORDER IN REGARD TO CHELMSFORD MEETING HOUSE. 



Legislative 
Records of the 
Council, ix., 
113. Mass. 
Archives, xi., 
348. 

Mass. 

Archives, .xi., 
^47-350. 



In the Affair of the Meeting House of Chelmsford heard before the 
whole Court, The Town are Directed to proceed in the Setting up their 
New-Meeting House on or near the Spot where the old House now 
stands and provide for the Charge of building and finishing the same 
by a rate upon the whole Town as in other Town Charges. 

And when the Petitioners and others that may settle distant from 
the present Meeting House Shall be Judged capable to Support a Min- 
ister and have leave so to do from This Court. The Charge of Build- 
ing and finishing another JVIeeting House in that out part be rays'd upon 
the whole Town in manner as aforesaid. \_Passed June 8. 

' The petitioner signs his name as "Perry." 



[1st Sess.J Province Laws {JResolves, etc.). — 1711-12. 



177 



CHAPTER 14. 

RESOLVE ON REPORT OF TORN & DEFACED BILLS BURNT. 

Upon reading the Report of the Committee that sorted and tooke 
au Accompt of the number and Quantity of the Torn Useless & Un- 
serviceable Bills of Credit Lying in the Treasury, and of the Twenty 
Shilling bills of 1702. date, drawn in. who were also Desired and 

appointed the 2"""* currant, to see the said Bills burn'd. viz' 

That they had accordingly burn'd the s^ Bills, made up in bundles 
of the respective Sums following. That is to Say. In five Bundles. 



r 1377:— 40V. 



One Bundle q' 



415. 
65. 
66. 



One Bundle q« 
One Bundle q' 
One Bundle q' 



3040. 
3245. 
2473. 



— 20V. 
£.3. 
£.5. 



10'/. 
5«/. 
2V6 



£2754. 
415. 
195. 
330. 

3694. 
1520. 

811. 5. 

309. 2. 6. 



One Bundle q' 



Parts of Bills 



r2352. 2V. 
I 27. 4V 



18. 3V6. 
21. 3^/. 
50V. 



1. 



£.235. 
5. 
3. 
3. 
2. 
27. 



4.-, 
8.-, 
3. - 
3. - 
10. - 
9.6 



£.276. 17. 6 



The five per Cent Advance as received in 
In Twenty Shilling Bills 1702 : Date 
In Twenty Shilling Bills 1702 : Date 



6334. 

330. 

10794. 

1038. 



7.6. 
11.3. 



15.-. 



£.18774. 11. 3. 



CHAPTER 15. 



Legislative 
Records of the 
Council, ix., 
111. Mass. 
Archives, ci., 
391. 

Ante, chap. 1. 
Post, chap. 26. 
Mass. 

Archives, ci., 
389-391. 



Resolved That m"" James Taylor Treasurer be and hereby is Discharged 
of his Vouchers for £6611 „b ^i- part of the afores*^ Sum of £.18774. 
11.3. w"' the five <^ Cent, advance on the £6611 -5- as they were re- 
ceived into the Treasury amounting to £6941. 16. 3 The other £11832// 
15 ^^ - mentioned in the Committees Report being part of the Twenty 
Shilling Bills of Date. 1702. drawn into the Treasury by Exchange for 
such number of the £.15000 : in the Twenty Shilling Bill of Date 1708 
Imprinted and put into the Treasury for that Use. \_Passed June 9. 



VOTE ACCEPTING REPORT OF Y^ COMM^ee fqR Y^ EXPEDITION. 

The FOLLOwiNa Report of the Committee for the design'd Expedi- Legislative 
tion to Canada &c : Read ■& Accepted by the Representatives ; And Council, ix., 
Concurred, Viz, HL 

That nine Hundred effective Men besides Commission Officers be P"st.,cha.T^.\Q. 
raised, to be under their own Officers, whereof not more than Eight Archives, 
Hundred to be English, And that if more than One Hundred Indians ^^^-t '"^^i '^^• 
be procured, that so many English be dismist & that all be return'd 
as soon as the Expedition is over : 2"^'^ That the private Soldiers & 
Seamen be paid as follows. Private Soldiers Eight Shillings per Week 
& Seamen Forty Shillings per Month, the Officers as well for the Land 
Service as the Sea to be raised proportionably : S^"' That the Trans- 
ports for this present Expedition which are between Fifty & One Hun- 
dred Tuns be paid after the Rate of seven Shillings a Tun per Month, 
the Owners to fit them : 4"'''' That Provisions for One Hundred & 
twenty-six Days be laid in for Subsisting the Troops & Sailors that 
shall iDe raised in the Province : Sign'd, El** Hutchinson 

In the Name & by Ord' of the Committee. \_Passed June 11. 



178 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 16-19.] 



CHAPTEK 16. 



Legislative 
Records of the 
Counci], ix., 
117. Mass. 
Archives, 
Ixxi., 794. 

Ante, chap. 15. 
Post, chap. 23. 
Mass. 
Archives, 
Ixiii., 182; 
bcxi., 778. 



ORDER APPOINTING A COMM™^ FOR TRANSPORTS &c. 

Ordered That Major Thomas Fitch Captain Nathan' Carey Capt" 
Charles Chambers M"^ John Cohnan & M^ Oliver Noyes be a Committee 
for taking up and Equipping of the Transports Ships & Vessells for 
the intended Expedition, and to agree for building or buying of the Flat 
bottom'd Boats and whale Boats to be Speedily provided for the Same. 

Any Three of the Said Committee to be a Quorum. \_Passed June 11. 



CHAPTER 17. 

RESOLVE ALLOWING £.80, TO HIS EX^^ FOR THE CHARGE OF HIS 
JOURNEY TO YE CONGRESS. 

Recordsq?the Resolved That the Sum of Eighty Pounds, be Allowed, & Paid of 
n7"°Mass^'' ^^® publick Treasury, to the order of His P^xcellency the Govern'' to 
Archives, iii., Defray the chai'ge of his Journey, to New London, to meet the Gov- 

^— ern" of the neighbouring Provinces, to Concert the affairs of the de- 

Post, chap. 96. signed Expedition, to Canada. \_Passed June 12. 



CHAPTER 18. 



RESOLVE ALLOWING £.10,, 15, TO CPT. JOSIAH PARKER FOR ENTER- 
TAINING CPT. SCHUYLER & Y*^ MOHAWKS. 



Legislative 
Records of the 
Council, ix., 
118. Mass. 
Archives, 
xxxi., 88. 

Mass. 
Archives, 
xxxi., 87-89. 



The following Vote pass'd in the House of Repres™' upon the Peti- 
tion & Accompt of Cpt. Josiah Parker for Eutertainm' of Cpt. Schuy- 
ler & the Mohawks bound for Great Brittain in the Year 1709 : Viz, 

Resolved That the Sum of Ten Pounds fifteen Shillings, & ten pence, 
be allowed & Paid out of the publick Treasury to Capt : Josiah Parker 
the Petitioner in full of his acc°. 

In Council. Read and Concurr'd. \^Passed June 12. 



CHAPTER 19. 



T>cirislative 
7{. ■cords of the 
Council, ix., 
lis. .Mass. 
Archives, 
Ixxi., 785. 

Mass. 
Archives, 
Ixxi., 786. 



ORDER THAT ED" CHAMBERLAINS WAGES BE P" TO HIS WIDOW. 

Ordered. That the wages due to Edmund Chamberlain, upon Capt 
Abercrombies Roll, be paid to Margret Chamberlain widow relict, of 
the s** P^dmund Chamberlain. \^Passed June 12. 



[1st Sess.J Province Laws (/?eso?yes, e^c). — 1711-12. 179 



CHAPTER 20. 

VOTE ALLOWING THE TREAS«s ACC™. 

TiiK AccoMPTS of M^ James Taylour Treasurer & Receiver Geu" r^*;*^^**^?.^ 
of this Province begiiming the 31'' Day of May 1710, & coutinued couucii.ix., 

unto y'^ 30"' Day of May 1711. Amounting unto tlie Sum of Ninety one l]^ 

Thousand two Hundred & twentv Pounds, thirteen Shillings & nine ^}^^s. 
Pence having been presented & laid before the House of Represent- cxxii., 34u, 377. 
atives & inspected by the said House ; By which it appears there was 
standing out on the said 30"" of May of the sev" Assessm'' Ten Thou- 
sand five Hundred & sixteen Pounds & seven Shillings, As also of the 
Duties of Impost *S:c (as by Accompt received from M'' Daniel Russel 
Commissioner) fourteen Hundred & two Pounds & three Pence to be 
drawn into the Treasury & further to be accompted for, 

Voted that the said Accompts in the sev" Articles of Receipts & 
Paym" therein mentioned amounting unto the Sum of Sixty one Thou- 
sand nine Hundred forty three Pounds twelve Shillings & ten Pence 
be & hereby are approved & allowed of. And the said Treasurer is 
hereby discharged of the said Sum of Sixty one Thousand nine Hun- 
dred forty three Pounds twelve Shillings & ten Pence. \_Passed June 12. 



CHAPTER 21. 

ORDER IMPOWERING ELIS^ THOMAS TO SELL LAND &c. 

Upon reading the Petition of Elisabeth, Mercy & Ann Thomas Legislative 
Daughters of Edward Thomas Merchant by Elisabeth his first Wife couudUx.!''^ 
Dec" Setting forth that in Right of their said Mother, they are enti- 109. Mass.' 
tuled to one Fifth Part of the Estate of their Grand-Father & Grand xvii., 268.' 
Mother M' John & M" Elisabeth AVinsley of Boston Dec*^ enjoyed by 
their said Grand-Mother for Dower in Common with their four Aunts, 
And the Estate not admitting of a convenient Partition, their Aunts 
proposing to make Sale thereof & convert it into Money for a better 
Improvement, wherein they are Consenting, but being within Age, viz, 
the said Elisabeth Twenty Years old, Mercy Nineteen Years, Ann 
about Sixteen Years can not legally join in the said Sale ; Praying 
to be Enabled by Order of this Court to join therein &c. 

Ordered That the Prayer of the Petition be Granted ; And the Pet" 
are fully Impowred to Joyne w"* their Aunts in the Sale of the Estate 
in the said Petition mentione*^. And to Execute a good and Sufficient 
Deed Legally to convay and pass away their Right and Interest therein, 
their Nonage notwithstanding The Pet" pai't of the purchase money, 
to be paid into the hand of such person as they shall nominate for their 
Guardian to be Approv'd by the Judge of Probate. \_Passed June 13. 



180 



Province Laws {Resolves, etc.). — 1111-12. [Chaps. 22-24.] 



CHAPTEE 22. 



RlfJrds^of the ORDER APPOINTING A HEARING ON SWANZEY WEST INHAB'^s PETIT^ 
Council, ix., FOR A TOWNSHIP. [Passed June 13. 

114. Mas8. 

cxiii., 599. [^Printed with resolves, orders, etc., '■^granting lands, estahlishing pre- 

Posi, chap. 78. cincts and parishes, and determining territorial boundaries."^ 



Legislative 
Records of the 
Council, ix., 
118. 

Ante, chap. 16. 
Post, chap. 24. 
Mass. 
Archives, 
Ixxi., 776, 794; 
cxix., 244. 



CHAPTER 23. 

ORDK STATING THE PRICES OF PROVISIONS &c. 

For the more effectually carrying on the present Expedition graciously 
design'd by her Majesty for the particular Benefit & Advantage of her 
good Subjects of these Provinces ; 

Ordered that no Provisions Liquors or other Things necessarily de- 
manded for the Service be any Ways enhanced in the Price thereof by 
Reason of that Occasion, But be had & taken for that Service at the 
Ordinary Market Prices they stood at at the Time of the Arrival of 
her Majesties Ships the eighth Curr' with the certain Intelligence of 
the said designed Expedition, That is to say. 

Winter Wheat at five Shills' & six Pence $> Pork of New England at seventy Shille^ .p 

Bushel. 
Bread at twenty two Shillings \^ Hundred. 
Flower at twenty one Shillings F Hundred. 
Rice at thirty Shillings W Hundred. 
Pease at six Shillings P Bushel. 



Barrel. 

— Carolina at sixty Shillings ^ Barrel 
Rum at three Shillings t> Gallon 
Butter not exceeding seven Pence # Pound. 



And so for any other Species tho not Enumerated ; 

And that his Excellency the Governour be desired to move at the 
Congress that the several Governments state the Prices of Provisions 
Stores & other Necessaries Wanted for the designed Expedition, as 
they were there before the News thereof : What is taken of partic- 
ular Persons to be in Proportion by an Equality as near as may be. 
[^Passed June 13. 



CHAPTER 24. 



ORDK ABOUT ENTICING AWAY OR CONCEALING SOLDIERS &c.i 



Legislative 
Records of the 
Council, ix., 
121. Mass. 
Archives, 
Ixxi., 796. 

Ante, chap. 23. 
Post, chap. 25. 

Mass. 
Archives, 
Ixxi., 777, 783, 
784. 



Whereas her Majesty for the Ease & Benefit of her good Subjects 
in these Provinces & Colonies has been graciously pleased to order 
an important Expedition with Sea and Land Forces from her Maj'*^^ 
Kingdom of Great Brittain to be joined by some of her Maj'*"' Troops 
of this Province against the common Enemy, And it being of' the last 
Consequence that the Sailers Marines «& Soldiers retained in her Maj'^' 
Service upon the said Expedition be held to their Duty, & be not en- 
ticed away &, Do not Desert or withdraw them selves from the Service ; 
For better Prevention whereof, 

It's Ordered That, for this extraordinary Occasion, and prohac vice. 
If any person or persons shall intice, harbour, conceal or convay away 
any Sailer, marine or Souldier Enlisted or Retained in Her Ma'^' Service 



• Printed in the notes to Acts and Resolves of 1711-12, Province Laws, i., 686 ; reprinted 
here, as important. 



[1st Sess.] Pkovince Laws (Ilesolves, etc.). — 1711-12. 181 

for the said Expedition, and be thereof convicted, shall be punished by 
Fine or Imprisonm' not exceeding Twenty Pounds Fine or Six mouths 
Imprisonment, for every such offence 

& that this order be presently printed & published. [Passed June 13. 



CHAPTEK 25. 

ORDK FOR BUYING UP A QUANTITY OF PORK & PEASE. 

Ordered That Samuel Partridge Esq' Be Desired & Impowr'd to pro- ^^fj^.^^fg^^f^j^^ 
cure and take up what Quantity of Porke and Pease may be had witliiu coum-iux., 
the County of Hampshire, to be Secured for Her Ma'^' Service, And to ^H'^^f^l^^- 
pass his Accompts for payment thereof, not exceeding Three pounds ixx i., 798! 
five Shillings ^ Barrell for Porke, and not exceeding five Shillings ^ Ante, chap. 24. 
bushell for Pease. Delivered at Hartford, And that he take care to have ^°^*' ^^^P- 27- 
them Ship'd and sent to Boston Diracted to the Commissary General. 
\_Passed June 13. 

CHAPTEK 26. 

ORDB FOR IMPRINTING £.15000, & FOR EMITTING £.10000, BILLS OF CREDIT 

& £.15000.1 

Resolved That the Sum of Fifteen Thousand Pounds, of BiUs of ^^fj^^^^f^fthe 
Credit on this Province, be further & forthwith made by the Comittee council, ix., 
last appointed, to make Such Bills & upon the Same Plates, with the Arch?ves?ci., 
Bills ordered to be made the last session, who Shall be paid for their 392. 
making them, in the same proportion as for the last they made. Ante,c\\ii\^.u. 

That the S'' Cornittee, Deliver the Sum of Ten Thousand Pounds, Post,c)i^v.i5. 
to the Treasurer taking his receipt for the Same, & keep the remain- 
ing Five Thousand Pounds, in their hands unsign'd untill further order 
from this Court. 

And the Treasurer is hereby Directed & Impowerd to Issue forth & 
Emit, the S** Sum of Ten Thousand Pounds, together with the Sum 
of Fifteen Thousand Pounds, more of the Bills of publick credit, that 
are or shall be received into the Treasury, towards payment of the 
publick Debts, of the Province already contracted & the furlher grow- 
ing charge for the Defence thereof, for Supplying, & subsisting of the 
Province Galley, Forts, Garrisons & Forces raised, & to be raised, & 
Imploied within the Same, & wages arising for their service, toward 
defreying the charge of the present Expedition to Canada (belong- 
ing to this Province) for payment of Grants, salaries, and Allowances 
made & to be made, by this Court, according to such Draughts as from 
time to time. Shall be made upon him by warrant, or order of the Gov- 
ernour, by, & with the advice & Consent of the Councill, & the s*^ Bills 
shall passe out of the Treasury, at the value therein expressed eqviva- 
lent to money, & shall be Taken and accepted, in all publick Payments 
at the Advance, & after the Rate of five Pounds ^ cent. more. 

And That the Duties, of Impost & Excise Shall be a Fund & secu- ' 

rity, for the Repaynl' & Drawing in, of the s** Bills, to the Treasury 
again. So far as that will reach. 

And as a further Fund & security for the Same, for the Paying 
of Souldiers wages & for Defreying of the further necessary gi'ow- 

' Printed in the notes to Acts and Resolves of 1711-12, Province Laws, i., 686; re- 
printed here, as important. 



182 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 27-29.] 



ing charge of the Province, the Defence of Her Majesty's Subjects, 
& Interests within the Same, & Support of the Government thereof, 
There be, and hereby is Granted unto Her most excellent Majesty, 
to the Ends & uses afores** A Tax of Twenty five Thousand Pounds. 
Seventeen Thousand Pounds thereof, to be levied on Polls & Estates 
both reall, &, personall, within this Province according to Such Rules, 
& in Such Proportion upon the Severall Towns, & Districts within the 
same, as shall be agreed on and & ordered, by the Great & Generall 
Court or Assembly of this Province, at their session in May 1715. & 
Eight Thousand Pounds thereof, at their Session in May 1716. To be 
paid in to the Treasurer, Six Thousand Pounds thereof on or before 
the last Day of May 1715. Eleven Thousand Pounds thereof on or before 
the last day of May 1716., & the i*emaining eight Thousand Pounds, on 
or before the last day of Novem"' 1716. \_Passed June 13. 



CHAPTER 27. 



ORDER ON COMMISSARY GENJ-i- BELCHERS MEMo. 



Legislative 
Records of the 
Council, ix., 
123. Mass. 
Archives, 
Ixxi., 793. 

Ante, chap.2S. 
Post, chap. 36. 



Upon reading a Memorial offered by Andrew Belcher Esq' Com- 
missary Gen" setting forth his Inability by Reason of Weakness & 
bodily Infirmity longer to sustain that Office, & Desiring to be Eased 
thereof, 

Ordered That the Thanks of this Court be given to the Hon**'® the 
Cornissary Geuerell, for his good Service in that Office, & that he be 
desired to Continue therein, & forward as much as may be the intended 
Expedition taking to himself such assistance as he finds needfuU for 
this extraordinary occasion at the publick charge. \_Passed June 13. 



Legislative 
Records of the 
Council, ix., 
124. Mass. 
Archives, ii., 
161. 

Mass. 

Archives, il., 
161. 



CHAPTER 28. 



VOTE REFERRING TO CHALLENGE MADE BY Y« GOVERNM^ OF RHOAD 
ISLAND TO LANDS WITHIN THIS PROVINCE. [Passed Jtaie 14. 

\_Printed with resolves, orders, etc., '■^granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 29. 



GRANT OF £.250, TO HIS EX*'"^. 



Legislative 
Records of the 
Council, ix., 
124. Mass. 
Archives, 
ccci., 81. 



Resolved That the Sum of Two Hundred, & Fifty Pounds, be Allowed 
& Paid out of the publick Treasury to his Excellency Joskph Dld- 
LEY Esq" Capt : Generall and Governour in chief, of this Her Majestys 
Province, for his Support in Managing the Affairs of the Government. 



Post, chap. 132. [^Passed June 14. 



[1st Sess.J Province Laws {Resolves, etc.). — 1711-12. 183 

CHAPTEE 30. 

RESOLVE ALLOWING £.40, TO EACH OF THE JUDGES. 

Resolved That there be Allowed &, Paid out of the publiek Treasury Legislative 
to the Hou*"« Wait Wiuthrop, Samuel Sewall, John Hathorue Jonathan coundUx.!^^ 
Corwin, & John Walley Esq" to each of them, the sum of Forty Pounds ^^^^^^■^llll^• 
for their service as Judges of the Superiour Court of Judicature the year ccci., si. ' 
curr' ending the 10"" of July next. \_Passed June 14. 



CHAPTER 31. 



RESOLVE ALLOWING £.225, TO M^ TREAS'' TAYLOUR. 



Resolved that the Sum of Two Hundred & twenty five Pounds be Legislative 
allowed & paid out of Publiek treasury to M' James Taylour Treas- counc*iUx.!^^ 

urer of this Province for his Service in the said Office the Year past. '^ 

\_Passed June 14. 



CHAPTEE 32. 

RESOLVE ALLOWING £.20, TO M"* WHITE CLERK OF Y^ HOUSE. Legislative 

Records of the 

Resolved That the Sum of Twenty Pounds be Allowed & Paid out i-25. Mass." 
of the publiek Treasury to John White Clerk of this House in part for ^cl!^80^.^' 
his service the year currant. \_Passed June 14. PosTchapTlss! 



CHAPTEE 33. 

RESOLVE ALLOWING £.30, TO JA: MAXWELL DOOR-KEEPER. 

Resolved That the Sum of Thirty Pounds, be Allowed, & Paid out Legislative 
of the publiek Treasury, to M' James Maxwell Doorkeeper to his Ex- counc'iu^x.I'^® 
cellency the Govern' & this Court for his service the year past, ending ip- Mass. 

•^ r- Archives 

the eighth day of the present month. yPassed June 14. ccci., so. ' 



CHAPTEE 34. 

RESOLVE ALLOWING £.4„12, TO SAM^^ MAXWELL MESSENGER. 

Resolved That the sum of four Pounds twelve shillings, be Allowed, Legislative 
& Paid out of the Publiek Treasury to Samuel Maxwell for his assist- counciui.!^® 
ing his father M"' Jarnes Maxwell part of the last year & this, as Door- ^5- Mass. 
keeper to his Excellency the Goven"' & this Court. [Passed June 14. ccci., so. ' 

Post, ctiap. 170. 



184 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 35-39.] 



Legislative 
Records of the 
Council, ix., 
125. Mass. 
Archives, 
ccxliv., 81. 

Post, chap. 143. 
Mass. 
Archives, 
ccxliv., 76-?l, 
85; Ixxi., 792. 
Executive 
Records of the 
Council, v., 389, 
390. 



CHAPTER 35. 

M» COMMISSARY BELCHER ACC^^ ACCEPTED. 

The following Order pass'd in the House of Representatives upon 
the Accompt of M"^ Commissary Gen' Belcher ; Read & Concurred ; 
Viz, 

The Accompts of Andrew Belcher Esq'' Commissary General con- 
tained in the four foregoing Folios, having been laid before the House 
& the Report of the Committee on the other Side chiefly consisting of 
Members of this House ; 

Ordered That the Report of the said Coinittee be accepted & the s** 
accounts be Pass*^ & the Coihissary Geuerall be dischargd accordingly. 
\_Passed June 14. 



CHAPTER 36. 

Legislative ORDER ALLOWING SECR^ ASSISTANCE AT Y^ PUBLIC CHARGE. 

Records of the 
Council, ix., 

Archive!^' Ordered That the Hon*"^ M' Secretary Addington, be allowed assist- 

xiviii., 421. ance at the publick charge, for the extraordinary occasion, of the in- 
Ante, chap. 27. tended Expedition. \_Passed June 14. 

Post, chap. 37. 



CHAPTER 37. 



Legislative 
Records of the 
Council, ix., 
125. Mass. 
Archives, 
Ixiii., 183. 

Ante, chap. 36. 
Post, chap. 39. 



ORDER ALLOWING ADDITION TO THE TUNN*^ OF TRANSPORTS. 

Ordered That eight shillings p Tun be allowed to such vessells as 
are between sixty & one hundred & Thirty Tuns. \_Passed June 14. 



CHAPTER 38. 



Legislative 
Records of the 
Council, ix., 
125. Mass. 
Archives, 
Ixxi., 801. 

Post, chap. 136. 



ORDER DISMISSING M" COLMAN & ADDING M^ GREENWOOD IN 
ROOM IN THE COMM^ee qF TRANSPORTS. 



HIS 



Ordered That M' John Colman be Dismiss'd from the Coiiaittee of 
Transports & M*^ Samuel Greenwood be Inserted into the s^ Coinittee 
in his place. \_Passed June 14. 



CHAPTER 39. 



Legislative 
Records of the 
Council, ix., 
126. 

Ante, chap. 37. 
Post, chap. 40. 



ORDER ALLOWING COMMISSARIES ON Y" EXPEDITION Y« PAY, 

Ordered that a Chief Commissary be allowed Eight Pounds, his Assist- 
ant Six Pounds & a Steward for them three Pounds per Month in the 
intended Expedition. [^Passed June 14. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1711-12. 185 

CHAPTER 40. 

ORDER APPOINTING A COMM^e FOR PHYSICIANS SURGEONS &c. 

In the House of Representatives Legislative 

Ordered Tha^ John Clarjc Esq^ Col: Samuel Cheekley & M' Oliver oTunrlux.!^® 
Noyes, be a Coiiiittee to Joine with such as the Hon''''' Board shall Ap- ^^^- Mii^s. 
point to Provide Physicians & surgeons to be Imploied in the present ixxi., 802.' 
Expedition, & to agree with them for their reward, & if any medicines, ^n^e, chap. 39. 
or Surgeons stores are necessary, more than Her majesty has been ^alf* '^'^'^^^' *^' 
graciously Pleased, of Her Royall Bounty to furnish, that they take Archives, 
care to Suppl}' them. 
In Council. 
Read and Concurr'd without any Addition. \_Passed June 14. 



ixxi., 779. 



CHAPTER 41. 

RESOLVE DESIRING THE GOVERNOR TO IMPOWER THE COMM"' GEN^^ 
TO IMPRESS PROVISIONS &c FOR THE EXPEDITION. 

Resolved That His Excellency the Govern"" be Desired to Impower Legislative 
the Coiuissary Generall by his warrant, in pursuance, of the order of coundUx.!*^^ 
this Court, to Take up & Impresse all Bread, Peas, Flesh, Rum, & i.-*^- .^}"ss. 
other Provisions necessary for the present Expedition, So far as is ixxi-.Taal 
necessary to furnish the Qvota of this Province, paying the established Ante, chap. 40. 
Rates, And to Impresse all Bakers, Brewers, Coopers, (fee" who ^a*g'' *^^^P' *"' 

cannot or will not Supply the Publick in their way at the stated prices, Archives, 
& to Impresse all artificers & Labourers necessary, And all 

sheriffs, their under officers & Constables are reqvired to be aiding & 
assisting therein. [^Passed June 14. 



Ixxi., 



CHAPTER 42. 

RESOLVE ALLOWING EIGHT PENCE PER DIEM BILLET IN THE TOWNS. 

Upon Coxsideratiox That it is very reqvisite the Souldiers to be Legislative 
raisd for the intended Expedition be Qvartered near together, for the conm-ff i'x.**^^ 
Conveniency of their being Train'd & Disciplin'd & accommodated with i-^fi- Mass.' 
convenient Lodging for the Preserving of their health. ixx^i.^803! 

Resolved That for this extraordinary occasion, there be allowed eight ^„ff chap. 4l" 
pence a day ^ man, for Billett, during their Lodging in the Towns, /'os^' chap. 44. 
from the time of their Generall Muster & being drawn out of their Archives, 
Counties. ixxi., 778. 

And That pro hac vice They be Qvartered on private Families, at 
the Direction of the Select men, not exceeding Two, to a family (with- 
out the Consent of the master or mistresse of such family) as well as 
in pu])lick licens*^ Houses, any Law, or usage to the contrary notwith- 
standing. \_Passed June 14. 



186 Province Laws {Resolves, etc.). — 1711-12. [Chap. 43. J 

CHAPTEE 43. 

ORDER PROVIDING SHOT FOR CASTLE WILLIAM. 

Rlford^of the -^^ INDENT presented by Adam Winthrop Esq' Captain of her Maj- 
Councii.ix., esties Castle William of Shot wanting for the said Castle; Viz, For 

^ sixteen Demy-Cannon, Ten Rounds of Round ; Shot 32 Pounders 160, 

Post, chap. 66. 'YhiYiy two Double Headed Shot for said Guns 32 : Twelve Rounds of 
Round Shot 42 Pounders for four Cannon, 48. 

Ordfired by the Representatives, And Concurred in Council, 
That the said Shot be provided as soon as may be at the cheapest 
Rate & paid for out of y'' Publick Treasury. [^Passed June 14. 



[2d Sess.] Province Laws {liesolves, etc.). — 1711-12. 187 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Fifth Day of July, A.D. 171 i. 



CHAPTER 44. 

ORDER APPOINTING COMM'^^'^ TO CONSIDER & PROPOSE A METHOD FOR 
MAKING OUT A CREDIT FOR FORWARDING Y^ EXPEDITION. 

In the House of Representatives Legislative 

Ordered That Samuel Appleton, John Clark, Esq" Maj' Tho' Fitch c^unctux.!*"® 
Addington Davenport Esq' Capt: Thomas Hutchinson, James War- i'28. Mass. 
ren, & Tho' Oliver Esq" be a Committee to Joine with Such as the ixxi.,^sio.' 
Hon''^^ Board Shall Appoint, to Consider of his Excellency the Govern" Antcchnp. 41. 
Speech, & Propose what method they think most proper and effectuall, pos^, chap. 46. 
for the making out the Credit therein Recommended, for the forward- 
ing the most important Expedition now proceeding. To Sit forthwith, 
& make Report with all convenient Speed, & That the Treasurer be 
desired to attend the s*^ Coinittee in the affair. 

Sent up for Concurrence. 
In Council. 

Read and Concurr'd. & 

Voted That Peter Sergeant, John Walley E™ Hutchinson, John Hig- 
ginson and Andrew Belcher Esq" be of the Committee with the Gent" 
named by the House in the Affair abovesaid. [^Passed July 5. 



CHAPTER 45. 

ORD« FOR IMPRINTING £.40000, IN BILLS OF CREDIT.' 

The Committee of both Houses appointed to Consider of the Credit ^®°'^^^^'^f .u 
recommended in his Excellency the Governours Speech for Forward- council, ix., 
ing the Important Expedition now proceeding for the Reduction of Archiv^es^^ci. 
Canada 395. 

Humbly Propose Ante, chap. ifi. 

1 : That Forty Thousand pounds in Bills of Credit on this Province Mas's'.^'''^^' ^'' 
be forthwith Imprinted Signed and put into the Treasury, and that there Archives, ci., 
be a Loan of the Said Bills, or Such psCrt thereof as may be Demanded 2457 ' "^ " 
for paying for provisions and other Necessarys procured by the Com- 
mittee of this Govefnment for her Majestys British Land and Sea 
Forces on the present Expedition to Such persons as will Subscribe to 
Supply his Excellency Generall Hill and the Hon" Admiral Walker, 
the Said Persons Giving good Security to Returne the Value they Sub- 

» Printed in the Postscript to Province Laws, i., 902; reprinted here, as important. 



188 Province Laws {Resolves, etc.). — 1111-12. [Chap. 46. J 

scribe for into the Treasury iu like Bills withiu Two years time. And 
also pay the Charge of Making the New Bills and the Treasurer is to 
take into the Treasury out of the Said Bills the Seven thousand pounds 
already Advanced. 

2. That a Committee of both Houses be Appointed to Receive Sub- 
scriptions and to Approve of and take The Security to be Given to the 
Treasurer for the Returne of the Bills as above Mentioned. 

3. That the Treasurer be Impowred to Borrow Bills of Credit of any 
Person willing to Lend the Same who shall be repaid as Soon as the 
New Bills be perfected. 

4. That the Bills Imprinted for this Extraordinary Occasion as they 
are Drawn into the Treasury or the Like Value in other Bills of this 
Province be consumed and no further use to be made thereof 

5. That the Committee appointed by this Court to Imprint and Signe 
the Bills of Credit on this Province be hereby Directed forthwith to 
proceed to the making and Finishing of the Bills hereby Ordered to 
be made 

6. That the Exchange for the Advance of the Said Bills for the 
Extraordinary Occasion of the present Expedition be Regulated at 
£40 p^ Cent. 

(Signed) Peter Sergeant in the 

Name of the Committee. 

Read and Accepted in the House of Representatives and 
Voted that Samuel Appleton John Clark Addington Davenport and 
Thomas Oliver Esq" be a Committee to joyne with Such as the Hon**' 
Board shall Appoint to Approve of and Take Security for the Returne 
of the Bills that shall be Borrowed The Fourth and Fifth Articles being 
Added in Council 

Concur*^ by the Council and That Elisha Hutchinson Esq'' the Secre- 
tary and M" Treasurer be of the Coinittee for the affair a foresaid, the 
Major part of the Coinittee, whereof Two of the Gentlemen named by 
the Council, be of the Quorum. [^Passed July 6. 



CHAPTEK 46. 

ORDER ON ADVANCES OF THE PRICE OF RUM & PORK. 

Legislative^^ -^HEj^EAS since the Stating of the Prices of Provisions Liquors &ca 

Council, ix., ncccssarily demanded for the Service of the present Expedition Set by 

Archiv^e^s^^" ^his Court in their former Session. 

cviii., 95 his. It appear's That the Rhum Imported cost an Extraordinary Rate in 

^M<e, chap.44. the Islands from whence it came. 

Po.s^<^ chap. 47. Ordered That the Rum that has been or shall be Taken up, be set at 

\^l"^2^' 245 ^/^ ^ Gallon & no more. 

cxix., , . ^^^ since It is represented that Pork is set too low that what has 

been or Shall be Taken up be advanced five shillings ^ barrell. 

[^Passed July 6. 



[2d Sess.] Province Laavs (^Resolves, etc.). — 1711-12. 189 



CHAPTEE 47. 

ORDER DESIRING THE GOV« TO MAKE OUT WARRANTS FOR THE IM- 
PRESSING OF PROVISIONS &c. 

Whereas several Quantities of Provisions & Liquors necessarily Legislative 
demanded for the Service of her Majesties British Forces by Sea and counnf *ix*^^ 
Laud in the present Expedition, upon Search made have been found i3i- ?^|«ss. ' 
in the Hands of Particular Merchauts & others & Directed to be kept ixxi.Vsii! 
for that Use ; ^«<e, chap.46. 

Ordered That his Excellency the Governo"^ Be Desired to make out a ^"s^, chap. 49. 
Warrant or Warrants Directed to the Sheriffe, his Deputys and Con- 
stables, Requiring them or some of them to accompany and assist the 
Agent Victuallers of Her Ma'^' said Forces, or such other person or 
persons as his ExcelP^ the General, or the Hon''^*' the Ad*miral shall 
Depute and Appoint to that Service for the taking up or Impressing 
such provisions and Liquors for the use aforesaid. The officers or 
Persons appointed or Deputed by the General and the Admiral to give 
their receipts for the several Quantity's of Each Specie which they 
shall take up and receive of every person and persons for Her Ma'^* 
Service aforesaid, To be paid for at the Stated prices set by this Court. 

And in case any persons refuse to P^xpose their Provisions or Liquors 
to be taken for the Service aforesaid, to breake open the Dores of the 
Store-house, Store-houses, or Cellars where they are Lodged, to come 
at them. \_Passed July 7. 



CHAPTER 48. 

ORDER OF ADJOURNM^ OF HEARINGS. 



Ordered that all Petitions & other ]\Iatters depending for a a^ Hearing Legislative 
or Determination by this Court in their present Session be adjourned & councif, ?x., ^ 
put over to the ordinary Session in the Fall of the Year And such as HI: 



have a Day assigned them for a Hearing be heard upon the same Day Pos<, chap. i69. 
lof the Week in that Session. [^Passed July 7. 



» Sic. 



190 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 49-51.} 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Eighteenth Day of July, A.D. 1711. 



Legislative 
Records of tlie 
Council, ix., 
133. Mass. 
Archives, xi., 
881. 

Ante, chap. 47. 
Executive 
Records of the 
Council, v., 411. 



CHAPTEE 49. 

RESOLVE ALLOWING £.30, FOR NECESSARIES FOR Y^ CHAPLAINS. 

Resolved That the Sum of Thirty Pounds be allowed, & Paid out 
of the publick Treasury to Furnish the two Chaplains, of the Troops 
of this Province, with necessaries for the intended Expedition to be 
eqvally divided between them. \_Passed July 18. 



Legislative 
Records of the 
Council, ix., 
133. Mass. 
Archives, 
Ixxi., 812. 

Executive 
Records of the 
Council, v., 413, 
415. 



CHAPTEE 50. 

ORDER APPOINTING A COMMITTEE IN REGARD TO DESERTIONS. 

In Council. 

Ordered That a Committee be rays'd of members of both Houses to 
consider that part of his ExcelP^^ Speech relating to the rendring the 
Act to prevent Desertions more Effectual and to increase the penalty 
thereof. 

And that John Hathorne John Appleton and John Otis Esq" w"" 
such as shall be named by the House of Representatives, be a Com- 
mittee for the affair aforesaid. 

In the House of Representatives 

Read, & Coucurr'd & Sam" Appleton Esq"" M'' Benj" Lynde, Samuel 
Thaxter Esq^ & M' Tho' Turner are Joined in the affair aboves'd. 
\_Passed July 18. 



CHAPTEE 51. 



Legislative ORDER OF SUPPLIES FOR THE GENJ-i-s & ADMIRALS TABLE. 
Records of the 
Council, ix., 

133. Ordered that four fat Oxen, fifty Sheep & twenty Shoats with suita- 

Pos*, chap. 53. blc Food for them be provided at the Publick Charge & put on Board 

Records'onhe fo^* the Table of his Excellency the Gen" & his Honour the Admiral in 

Council, ix., the intended Expedition, Craving their Acceptance. \_Passed Jidy 19. 



[3d Sess.] Province Laws (Resolves^ etc.). — 1711-12. 191 



CHAPTER 52. 

DIRECTION ABT A NEW MEETING HOUSE INTENDED AT NEWBURY. 

Upon reading a Petition of sev" of the Inhabitants of the West Pre- Legislative 
cinct in Newbury Setting forth that some of their Neighbours are about Sk^u*.!^^ 
to P>ect an other Meeting House ; i^s- Mass. 

o • Arc 11 IV US \i 

Advised and Directed That the persons named in the Petition and 379. ' ' * 
others Concern'd Desist their proceeding to the raysiug of their in- p^^i^^h^^TesT 
tended Meeting House, until there be a Hearing of the matter before 
this Court. [Passed July 19. 



CHAPTER 53. 

ORDER APPOINTING A COMM^^^^ TO PROVIDE THE PRESENT FOR THE 
GENERAL & ADMIRAL. 

Tn Connfil Legislative 

in \^OUncil. Kecords of Uie 

Ordered That John Walley and Penn Townsend Esq" with such as Council, ix., 
the House shall name, Be a Committee to procure the Present of live- Archives?' 
Provisions with suitable food for them. Provisions Ordered by this xiviii.,42-2. 
Court for his ExcelP^ the General and Admiral' Table. ^n«e, chap. 51. 

And that they Imploy L' Williams of Roxbury therein. 
In the House of Representatives 

Read & Concurr'd 

Thomas How Esq^ being added to the S^ Comittee. [Passed July 19. 



CHAPTER 54. 

VOTE ACCEPTING THE SECURITY TAKEN FOR THE LOAN OF THE 

£.40000. 

A List of the Names of the Persons of whom Security is taken by Legislative 
the Committee for the Loan of the Forty Thousand Pounds for the Ser- coundu^i.?^^ 
vice of the Expedition ; Viz, 134. Mass.' 

i . Archives, ci., 

401. 

Addington Dauenport & Paul Dudley Esq" £1400,,-,,- 

Thomas Hutchinson Edw'i Hutchinson & Jno Ruck . . . ,,4200,, -„- Pos<, c^hap. 59. 

Thomas Fitcli& John Borland fZ"^"~ R^cordTof the 

Jeremiah Allen & James Gooch ,, 14UU„ -„ - Council v 412 

Samuel Appleton Mary Clark & W-" Clark ^^2000,,-,,- ' '' 

Gilburt Bant and Timothy Clark „1000„-„- 

Edward Bromfield Esqr & Francis Burroughs ,,1000,,-,,- 

John Clark Esqi- & Wm Clarke „2.500„-„- 

Peter Sergeant & Jeremiah Dummer Esq" ,,2000,, -„- 

Thomas Savage & Habijah Sauage „ .500,, -,, - 

James Warren & John Murdock ,. .500,, -„ - 

John Frizcll & Jeremiah Allen „ .700,, -„ - 

John Vallantine & John Cuttler „ .500 „ - „ - 

Edmund Knight & Ezekil Lewis /, -700,, -,,- 
John White & James Pemberton „ .500,, -„ - 

John Pitts & Susannal Jacobs ,,1000,, -,, - 

Dauid Jeffries & Charles Shepreve . . . . . . . ,,2000,, -„- 

Edward Martin & James Pitts „ 700 „ - „ - 

William Wealsteed & Daniel OHuer ... 1000 „ - „ - 

Edward Lyde Esq'' & Nicholas Roberts „-700„-„- 

Joseph Wadsworth & Richard Bill „ -740,, -„ - 

William Hutchinson & Thomas Palmer Esq'' „ 500 „ - 



192 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 55-57.] 



Thomas Palmer Esq'" & W'" Hutchinson . 

Abraham Blish & James Bowdoin . 

Samuel Phillips & Wentworth Paxton 

Adam Winthrope & Addington Dauenport 

John Walley & Penn Townsend Esq''* 

Anthoney Stoddard & John Legg 

John Legg & Anthoney Stoddard 

William Hutchinson & Thomas Palmer Esq^ 

John Borland and Thomas Fitch 

Gyles Dyer and John Cutler 

Andrew Belcher Esq'' and Jonathan Belcher 

Nathan' Paine & Simon Davis . 

Francis Clarke & Grove Hirst . 



£1000, 
, .500, 

;, .500, 

„ .500 
, 1400, 
, 1000, 
u -'"'OO, 
,. .500, 
■ 1500, 

500. 
2800 

700. 

560, 



£40000,, -„ 



Voted That the Proceedings of the Comittee in this affair be ac- 
cepted, & approved & the Thanks of this Court, given them for their 
good Service therein. \_Passed July 20. 



CHAPTER 55. 



ORD« TO PROVIDE SOLDIERS BEDS. 



Legislative 
Records of the 
Council, ix., 
136. Mass. 
Archives, 
Ixxi., 816. 



Upon Information from Coll. Walton that they have but thirteen 
Beds to a Company, whereas there should be twenty five Beds to a 
Company ; 

Ordered That Twelve Beds more for each Company of the Troops 
of this Province be provided, & put on board the Transports by the 
Comissary Generall. [Passed July 21. 



Legislative 
Records of 
Council, ix. 
136. Mass. 
Archives, 
Ixxi., 814. 

Mass. 
Archives, 
Ixxi., 818. 



CHAPTER 56. 

RESOLVE ALLOWING £.38,, 11 „ 8, TO CPT. CHA. CHURCH. 

the Upon reading the Petition of Captain Charles Church Praying Allow- 
ance for his Expences & Travel in Raising of sev" Indian Companies 
for her Majesties Service in the present & former Expedition ; 

Resoloed That the Sum of Thirty eight Pounds eleven Shillings & 

eight pence, be allowed & paid, out of the publick Treasury, to the 
Petitioner for his Expences abovementioned in Raising of the Indians. 
\_Passed July 21. 



CHAPTER 57. 



Legislative 
Re(;ords of the 
Coun<;il, ix., 
136. Mass. 
Archives, ci., 
402. 

Ante, chap. 45. 
Post, chap. 106. 
Mass. 

Archives, ci., 
40.5. Legisla- 
tive Records of 
the Council, 
Ix., 136. 



ORDER APPROVING A PROPOSAL FOR IMPRINTING £.10000, IN BILLS ON 
YE FOOT WITH THE £.40000. 

The Hon"'-" Coll. Nicholson at the Desire of his Excellency Gen" Hill 
Proposing that there may be Ten Thousand Pounds more of the Bills, 
of Credit imprinted upon the same Foot of the Forty Thousand Pounds 
lately ordered to be issued on Loan to such Persons as shall subscribe 
to supply his Excellency General Hill, & the Hon"'''' Admiral Walker 
for the Service of the present I^xpedition with the Value they subscribe 
for aild give Security to the Treasurer to return the like Sum in the 
Bills of Credit on this Province within two Years Time ; For w'='' 
Bills of Exchange are to be drawn properly Home at the Advance of 



[3d Sess.] Province Laws {Resolves, etc.). — 1711-12. ' 193 

Forty Pounds per Cent ; Geu" Hill iutimating that so much of the 
Whole as shall not be demanded of the Gentlemen who supply him 
self & the Admiral, the Govern"" adjust the Accompts of what has 
been or shall be procured here on her Majesties immediate Service 
for the said Expedition & discharge the same out of the Remaining 
Money so subscribed to be supplyed & Give Bills of Exchange Home 
to the Persons who supply it accordingly. 

Ordered^ that the Said Proposall be approved, & Put in Practice. 
\_Passed July 21. 



CHAPTER 58. 

ORDER APPOINTING A COMM'"'e« TO ATTEND GEN'-i' HILL & ADM^ 
WALKER FOR Y"^ FAV'*'-'^ REPRESENTAT^ OF Y^^ SERVICE OF Y= 
GOVERNMT T0W»8 yE PRESENT EXPEDIT". 

In the House of Representatives Legislative 

Ordered That Samuel Appleton, John Clark Addington Davenport coimc'iUx.!^^ 
Esq", & Maj"^ Tho^ Fitch & Cpt Thomas Hutchinson with Such as the Yrk^ut^' ' 
Hon**^^ Board Shall appoint be a CoiiMttee to Attend his Excellency Gen- ixxi., sii'. 
erall Hill, & Admiral Walker, humbly to Represent, the good Intentions 
of this Gener" Assembly in their sessions to put forward Her Majesty's 
service of such unspeakable benefit to the Crown of Great Britain, & 
to all Her Maj""' good subjects in North America and to Pray of his 
Excellency & Honours ; That they please to Represent them well, to Her 
INIajesty, that they may have the Continuance of Her Royall favour 
towards them, and all Her Maj""^ good subjects of this Governm' with 
their Humble Thanks to Her majesty for Imploying such Hon*"'* per- 
sons both for Prudence & Conduct, in the CoiSaud of this Expedition, 
most heartily wish them good successe therein. 
In Council. 
Read and Concurr'd. And Elisha Hutchinson, Samuel Sewall, Peter 
Sergeant Esq" and the Secretary, appoint*^ to be of the Committee for 
the affair aforesaid. \_Passed July 21. 



CHAPTER 59. 

ORDK FOR IMPRINTING £.10000, IN BILLS ON Y^ SAME FOOT W^h Y= 

£.40000. 

Whereas upon a Proposal made the twenty first Curr' by the Hon- Legislative 
ourable Lieut. Gen" Nicholson from & at the Desire of his Excellency councif ix *''^ 
Gen" Hill, That Ten Thousand Pounds more of the Bills of Credit may is"- Mass.' 
be imprinted on the same Foot with the Forty Thousand Pounds lately 403! *^^*^''' *^''' 
ordered to be issued on Loan to such Persons as shall subscribe to Sup- ^, (Ye, chap 54. 
ply his Excellency Gen" Hill & the Hon'^'" Admiral Walker for the Ser- Post', chk^'. in. 
vice of the present Expedition with the Value they subscribe for, and 
give Security to the Treasurer to i-eturu the like Sum in the Bills of 
Credit on this Province within two Years Time ; For which Bills of 
Exchange are to be drawn properly Home at the Advance of Forty 
Pounds per Cent : Gen" Hill intimating that so much of the whole 

as shall not be demanded of the Gentlemen who supply him self & the 
Admiral, the Govern^ adjust the Accompts for what has been or shall 
be procured here on her Maj'"' immediate Service for the said Expedi- 
tion & discharge the same out of the Remaining Money so subscribed 



194 ' Province Laws {Resolves, etc.). — 1711-12. [Chap. 60.] 

to be supplied & Give Bills of Exchange Home to the Persons who 
supplyed it accordingly ; This Court did agree thereto, & Vote the 
Putting of the said Proposal in Practice ; W'^'' Vote having been since 
shewn to his Excellency Gen" Hill & the Hon*"'^ Admiral Walker, They 
have been pleased to signify their Approbation of the above Resolu- 
tion of y* Gen" Assembly in Writing under y^ Hand ; 

Ordered That the same Committee that received the Subscriptions 
and took the Security for the said Forty Thousand pounds Be Ap- 
pointed and Impowred in like manner to receive Subscriptions and 
take security for the Ten Thousand pounds herein mentioned 

And the Committee Appointed by this Court to Imprint and Sign 
the Bills of Credit on this Province are hereby Directed forthwith to 
proceed to the making of the said Ten Thousand pounds of Bills & 
Deliver them to the Treasurer for the Ends afores'' which Bills or the 
like value in other Bills of this Province when they are paid into the 
Treasury again, are to be Consumed and no further use made of them ; 
The Charge of making of the s*^ Bills to be paid by the Subscribers. 
\_Passed July 24. 

CHAPTER 60. 

VOTE GRANTING £.20, TO JOHNSON HARMAN. 

Rifordfof the Upon READING the Petition of Johnson Harman of York late Prisoner 

Council, ix., at Quebeck, Praying Consideration of the great Fatigue & Expence he 

ArchWesT ^^^ been at & the poor Circumstances of his Family & Affairs 
ixxt.. 819. Voted That Twenty pounds be paid the petition' out of the province 

Executive Treasury. \ Passed July 24. 

Records of the J L ^ 

Council, v., 419, 

473. 



[4th Sess.] Province Laws {Resolves^ etc.). — ^1711-12, 195 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-second Day of August, A.D. i 7 i i . 



CHAPTER 61. ♦ 

RESOLVE ALLOWING £.7„10, TO ELEAZ: PHILLIPS. 

Resolved That the Sum of seven Pounds ten Shillings, be allowed, & ^fordso^f the 
Paid out of the publick Treasury, to Eleaz^ Phillips to Discharge his council, ix., 
ace" abovewritten.^ \_Passecl August 22. Arcw^es^^xi. 

381. 



CHAPTER 62. 

RESOLVE ALLOWING £.405 „ 9„ 5, ACC^ OF TRADES MENS BILLS FOR 

Y^ TRANSPORTS. 

An Accompt of Trades Mens Bills for Equipping the Transports for Legislative 
the present Expedition amounting to Four Hundred & five Pounds, councn%^x-.f*^ 

nine Shillings & five Pence, Including an Article of Fifty Pounds for '^ 

the Service of the Comm'^^ with a Resolve pass'd thereon in the House Ante, chap. 58. 
of Repres- Viz, tt.^'"^-''- 

Resolved that the Sum of F'our Hundred & five Pounds, nine Shillings -A^rchives, 

ccxliv 90 

& five Pence be paid to Major Thomas Fitch, Cpt. Nath" Carey, Cpt. Executive' 
Charles Chambers, M' Oliver Noyes & M' Sam" Greenwood the Com- councu'v* 4^. 
mittee for that Affair, to discharge the accompts : 
In Council. 
Read «& Concurred. \_Passed August 23. 



CHAPTER 63. 

RESOLVE ALLOWING FREETOWN £.20, TOW^ THE SUPPORT OF THE 

MINISTRY. 

Resolved That the Sum of Twenty pounds be Allowed, «fe paid, out Legislative 
of the publick Treasury towards the Support of the ministry, in the said council! ix.!^* 
Town of Freetown the year ensuing, if they have an orthodox minister, i*0- . .^^*;'*^-.. 
for that time, or in proportion for Such part of the year, as they have 38L "' ' ' 
such a minister. \_Passed August 23. ~ 

* For printing Mr. Thacher's election sermon. 



196 



PnovmcE Laws {Resolves, etc.). — 1711-12. [Chaps. 64-66.] 



CHAPTEE 64. 

ORDER DESIRING THE GOVERNOR TO APPOINT A DAY GUARD FOR Y« 
POAVDK HOUSE IN BOSTON. 



Legislative 
Kecords of the 
Council, ix., 
141. Mass. 
Archives, 
Ixxi., 8-23. 

Mass. 
Archives, 
Lxxi., 822. 



For the better Security of the Province-Powder-House in Boston, 
& the publiek Stores therein. 

Ordered That his Excellency the Govern'' be Desired, to Appoint, 
one able Sober & Trusty Person, to Watch, & Guard the s*^ House 
from Sun-Rise, to Sun-sett, during the present war with France, & 
Spaine, (Provision being already made for the Guard by night.) the 
charge to be paid out of the publiek Treasury. \_Passed August 24. 



CHAPTER 65 



ORDER ABOUT A MEETING HOUSE AT NEWBURY. 



Legislative 
Records of the 
Council, ix., 
141. Mass. 
Archives, xi.. 



Ante, chap. 52. 
Post, chap. 105, 
Mass. 

Archives, xi., 
379. 



Upon reading an Information Offered by Cap'" Hugh March & sun- 
dry others Inhabitants of the Town of Newbury That several persons 
living in the West Precinct of the said Town have rays'd and in part 
covered a House intended for a Meeting House, Notwithstanding the 
Advice and Direction of this Court of the 19'^ of July past to desist 
their proceeding therein until there had been a Hearing. 

Ordered That Samuel Bartlet, John Ordway, Deacon Joshua Brown, 
Joshua Baily Skipper Lunt and Penuel Titcombe be anew Served, by 
the Sheriffe with a Copy of the Order of this Court of the 19"^ of July 
past. Strictly forbiding them and their Associates proceeding in the 
worke of their intended Meeting House until thire be a Hearing of 
that Affair, as by the said Order is Directed. 

And that the said persons be Summou'd, by the Sheriffe, to attend 
this Court on the second Wednesday of their Session in the Fall to 
auswer for their Contempt of the afores** Order. \_Passed August 24. 



CHAPTER QQ. 

VOTE ACCEPTING THE COMM'^^^s REPORT OF REPAIRS. & STORES FOR 

CASTLE WM. 



Legislative 
Records of the 
Council, ix., 
141. Mass. 
Archives, 
lxxi., 820. 

Ante, cliap. 4:5. 
Po«(;,chap. 110. 
Mass. 
Archives, 
lxxi., 821; 
cviii., 98. 



' In Obedience to the order of the Hono"" Court on the otlier Side, we 
have been at Castle William, and viewed the state thereof, and are of 
opinion with the Coiiiittee of the Hon''^" Board, in their Report made the 
31 of July last, as to what is necessary to be done, & Supplied there. 

And further Propose That a large flat bottom'd Boat be forthwith 
built, & kept ready for the Transporting of Forces from Dorchester 
Neck to the Castle. 

That twelvepence p day more than their wages l)e allowed to Such 
of the souldiers, as are improvd to Labour in the Repairs. 

And Tiuit Two Hundred & Thirty Barrels of Powder be Purchased, 
& Added to the Province Stock. which is humbly Submitted 
Boston August 24: 1711. Penn Townsend In the 

Name of the Coiuittee 
In the House of Rcpi'esentatives 
Read & accepted, excepting the article of Engineers. 

In Council. 
Read and concurr'd. \_Passed August 25. 



[4x11 Sess.] Province Laavs (Resolves, etc.). — 1711-12. 197 

CHAPTER 67. 

RESOLVE ALLOWING ACC" OF PHYSITIANS & CHIRURGEONS. 

An Accompt of Messieurs John Chirk, Sam" Checkley & Oliver Legislative 
Noyes Comiii"'^ for Physicians & Chirurgeons in the present Expedi- comicu, 1*^.!''^ 
tion for Advance Money Medicines & Stores for the Service amount- i42 Wass. 

AlX'illVGS 

ing to One Hundred ninety nine Pounds & three Pence ; Pass'd in the ccxiiv., 92. 
House of Representatives & allowed to be paid to the Comm""" afore ^n<e, chap. 62. 
named to discharge their Accompt: [Viz.] /'os(, chap. 76. 

Resolved That the Sum of One Hundred Ninety nine Pounds, & 
three-pence, be allowed & paid out. of the publick Treasury, to the 
Committee named on the other Side, to Discharge their account. 
In Council. 

Read and Concurr'd. \_Passed August 25. 



CHAPTER QS. 

ORDER ABOUT SALEM FORT. 



Upon Consideration of that Paragraph in his Ex"'*' Speech relating Legislative 

to y« Fort at Salem ; CouS?!!*"' 

Orrfo-efZ That the s"* Town be advis'd forthwith to Put the s** Fort h2. mAss.' 

A-rcinvcs 

into Repair, and if they find the charge rise too high for them to bear, ixxi., 824.' 
That they Lay the account thereof before this Court, for their Consid- Executive 
eratiou. [Passed August 25. couaclfv^iso 

434. 



198 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 69-72.] 



Legislative 
Records of the 
Council, ix., 
145. Mass. 
Archives, 
Ixxi., 791. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Seventeenth Day of October, A.D. 171 i. 



CHAPTEK 69. 

RESOLVE ALLOWING £.4, TO PETER SULLARD. 

Upon reading a Petition of Peter Soullard of Lieu. Coll : Ballan- 
tines Company in the Expedition for Reducing of Port-Royal the last 
Year, the Transport in which he went being cast away, when he lost 
his Chest &, all his Cloaths ; 

Resolved That the Sum of Four Pounds be Allowed, & Paid out 
of the publick Treasury to Pierre Soullard the Petitioner. [Passed 
October 18. 



CHAPTEK 70. 



ON MONOMOY PETITION TO BE MADE A TOWN- 
SHIP. [Passed October 19. 



Legislative ORDER OF HEARING 
Records of the 
Council, ix., 
146. Mass. 

^iti!*TiL \_Printed with resolves, orders, etc., '■''granting lands, establishing pre 

cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTEK 71. 

ORDER CONFIRMING A GRANT OF 300 ACRES OF LAND TO ELIS : HUTCH- 
INSON. [Passed October 19. 

Records'of the \_Printed with resolves, orders, etc., " granting lands, establishing pre- 
Councii, ix., cincts and narishes. and determininq territorial boundaries. "'\ 

146. Maps and £- i v 

Plans, iv., 10. 



CHAPTEK 72. 



Legislative 
Records of 
Council, ix. 
147. Mass, 
Archives, 
xvli., '278. 



the 



ORDER GRANTING EZEK: LEWIS'S PETIT^, 

Upon reading a Petition of Ezekiel Lewis of Boston Gent" who in- 
termarried with Abigail Relict of Roger Kilcup late of Boston Merch' 
Dec'' Setting forth that he has purchased the Right of the two Thirds 
of the Dwelling House, Ware-house & Land of the said Roger Kilcup, 
Situate in Boston abutting on Cornhill street divised by the Dec'' unto 
his two Sons Roger & AVilliam Kilcup. the other Third being devised 
to Abigail his Wife for Term of Life (who is still living) the Remain- 



[5th Sess.] Province Laws {Resolves, etc.). — 1711-12. 199 

der thereof at his Wifes Decease to his Eldest Son Roger & his Heirs 
for Ever, both the said Sons being since dead William without Issue, 
Roger leaving Issue only one Daughter being a Minor of about five 
Years of Age, The said Dwelling House being lately desolated by Fire 
And the Ground containing but about twenty five Feet in Front, W*'* 
is too streight to admit more than one convenient Tenement, And 
being two Interests & uncertain to whom the Remainder may fall, no 
Purchase can be made thereof which is a Discouragem' to erect a new 
Edifice thereon & so likely to ly void to the Damage of the Petitioner 
& the Publick ; Prayincj that the Remainder of the said Third Part may 
be vested in him & his Heirs at a due & equal Apprizement to be made 
thereof : 

Ordered That the Prayer of the Petition be Granted, And Penn 
Townsend Esq"" Cap'" Thomas Hutchinson & m'' Rich*^ Draper are De- 
sired and Impowred to view and Apprize the Land therein-mentioned, 
and Report the same under their hands to the Governo"" and Council, 
and to make Oath thereto. 

And that a Bill be brought in to Vest the third part of the Land now 
the right of the Pet" wife, in the Pet' Ezekiel Lewis and his heires for 
ever. The whole of the Land and the Building to be rays'd thereon to 
stand charged with paym' of one third part of the appriz'^ value of the 
whole, to the Daughter and only Issue of the Eldest Son, or such other 
in whome the right of the Remainder shall appear to be. 

And that upon the Determining of his wives Term therein, the Pef 
pay Lawful Interest for the value of the third part of the Land to the 
person in whome the right is or may be, or their Guardian if within 
age 

The OverSeers of m' Kilcups Will to be Advised of the Apprizem'. 
\_Passed October 20. 

CHAPTER 73. 

VOTE ACCEPTING THE REPORT OF A COMMITTEE ON KITTERY HEAD Legislative 

BOUNDS. [Passed October 23.^ CouS^x.f® 

148. Mass. 

[^Printed ivith resolves, orders, etc., ^'■granting lands, establishing pre- ^rciiives, m., 
cincts and parishes, and determining territorial boundaries."'\ —— — . ■ 



CHAPTER 74. 

ORDER GRANTING DORCAS PEGGE'S PETITION TO SELL LANDS. 

Upon reading a Petition of Dorcas Pegge Relict Widow & sole Legislative 
Executrix of the last Will & Testam' of Edward Pegge late of Bos- counc-if,?x., ^ 
ton Merch' Dec*^ Praying that she may be allowed to make Sale of J^?chi^es^^' 
a certain Piece of the s*^ Dec*^* Land of about Fifty Feet in Length xvii., 280.' 
fronting on Salem Street between the Messuage or Tenement of the Mass. 
said Dec^ & the House & Land of the Widow Wadlen being distinct xvif *28i.' 
from the Yard & Garden of the Dwelling House & to execute a good 
& sufficient Deed in the Law for Conveying the same for her Comfort 
& Support : 

On Consideration of the Will of the Dec*^ 

Ordered That the Prayer of the Petition be Granted. [^Passed 
October 23. 

> In Legislative Records of the Council, ix., 148, the year is erroneously given as 1720. 



200 



Province Laws {Resolve.^, e^c.). — 1711-12. [Chaps. 75-77.] 



Legislative 
Records of ttie 
Council, ix., 
150. Mass. 
Archives, 
Ixxxvii., 27. 

Post, chap. 102. 



CHAPTEK 75. 

ORDER DISCHARGING BOSTON OF PAYM'' FOR GUN POWDER EXPENDED 
IN THE LATE FIRE. 

Upon reading a Petition of the Select Men of Boston Praying that 
the Town may be discharged from Paym' for sixteen Barrels & an Half 
of Gun-Powder belonging to the Province expended in Blowing up of 
Houses in the Time of the late Fire to put a Stop to the Progress thereof ; 

Ordered That the Prayer of the within Petition be Granted. [^Passed 
October 23. 



CHAPTEK 76. 



ORDER THAT OFFICERS IN Y^ LATE EXPED'^ PAY FOR MAKING Y' 

CLOATHS. 



Legislative 
Records of the 
Council, ix., 
151. 

Ante, chap. 67. 
Post, chap. 89. 



The Accompt of Charge for Making up the Cloaths for the Commis- 
sion Officers imployed in the late Expedition intended for Canada, Hav- 
ing been laid before the House of Repres"''' & refused by them to be a 
Province Charge ; 

Ordered that M" Commissary Gen" do subduct the Cost of Making 
thes*^ Officers Cloaths out of their Pay upon Making up y*" Muster 
Rolls thereof. [Passed October 25. 



CHAPTER 77. 



Legislative 
Records of the 
Council, ix., 
151. Mass. 
Archives, xi., 
372. 



ORDER APPOINTING A COMM''™ TO ENQUIRE AFTER LANDS GRANTED 
TO THE USE OF THE MINISTRY AT SECONET SHEWAMET & POCASSET. 

Upon READING a Memorial of Nath" Thomas Benjamin Church Esq" 
& M"" John Rogers, Survivers of the first Purchasers & Proprietors of 
the sev" Tracts of Land formerly called & known by the Name & Names 
of Seconet, Pocasset & Shewamet within the County of Bristol, Pray- 
ing That due Care & Direction may be had & given for Securing the 
Lands appropriated in the said Places respectively to the Use of the 
Minstry ; 

Ordered. That Nathaniel Payne, Thomas Leonard Esq" m'' Nath" 
Blagrove. and Capt° Jerard Talbut be a Committee fully Impowred 
to Search and Inquire into the Records and Grants of the first Pur- 
chasers & Proprietors of the Lands of Seconet Pocasset and Shawa- 
met And to Demand Copy's of such Lands and Lots as have been 
Granted and appropriated to the use of the ]\Iinistry in the s*^ places ; 
And to Inforrae themselves how the same are Improv'd, and whither 
any Encroachm" are made thereon And to make their Report upon 
the whole to the General Assembly to be held in may next. [Passed 
October 26. 



[5th Sess.] Province Laws {Resolves, etc.). — 1711-12, 201 



CHAPTER 78. 

VOTE UPON THE PETITION OF SWANZEY INHAB^s IN Y" WESTW» PART Legislative 

OF THE TOWN TO BE A DISTINCT TOWNSHIP. [Passed October 26. Council** Ix *^° 

131. Mass. 

[^Printed tvith resolves, orders, etc., ''^granting lands, establishing jyre- ^xin^Y^l' 
cincts and parishes, and determininq territorial boundaries. "'\ ^ ' . — — - 

■'^ ' ^ -■ Ante, chap. 22. 



CHAPTER 79. 

ORDER REVIVING AN ORDER OF HEARING ON KITTERY PETITION FOR 
SETTLEMT OF THE MINISTRY IN THE LOWER PART. 

The following Order pass'tl upon the Petition of the Inhab'* of the Legislative 
lower Part of Kittery to be restored to their former Privileges to call, councff lx.'^^ 
settle & maintain an orthodox Minister amongst them in the Year i52. 



1708: Viz., Ante,y>.\9, 

Ordered that the Inhab'' of the Middle Part of the Town of Kittery Po*s?;chkp. i63. 
be served with a Copy of this Petition to give Reason (if any they 
have) at the next Session of this Court, Why the Prayer of the Peti- 
tion should not be granted : And now further 

Ordered that the above written Order be revived (having not been 
served) And that there be a Hearing of the Petitioners & the other 
Party before this Court upon the second Wednesday of their next 
Session. \_Passed October 26. 



CHAPTER 80. 

VOTE ACCEPTING THE COMM^^^^ REPORT ABOUT WITCHCRAFT. 

To y« Hon'd Genr" (5ourt Sitting. 
We whose names are subscribed, In Obedience to yo^ Hon''s Act Legislative 
at a Court held y^ vlt of May 1710 : for our Inserting y' Names of y*^ couSix.!^^ 
seuerall ipsons who were Condemned for witchcraft in y^ year 1692. & io2. Mass. 

ArcliiVGS 

of y^ Damages they susteined by their prosecution. cxxxv., 169. 

Being Mett at Salem y^ 13'^ Sep' 1710. for y'' Ends aforesaid upon Post, chap. 92? 
examination of y'' Records of y* Seuerall ^sons Condemned : Humbly ^^^*^":'*'^''„ ^^z 
Offer to yo"" Hon''s the Names as Follow to be Inserted for y^ Reuers- Council, v.. 475. 
f ing of their Attainders : Elizabeth How : Georg Jacob. 
Mary Easty. Mary parker. M"" George Burroughs : Giles 
Execut.d; ■{ Core & his wife. Rebettah Nurse. John Willard. Sarah 
Good. Martha Cai'riar Samuell Wardell.. John procter : 
t Sarah AYild 
Condemned & ( ^^^'^ ^^^^'^ Bradbury. Abigail Falkner. Abigail Hobs, 
t F f rl 1 "^"'^ Foster. Rebettah Eams. Dorcas Hoar. Mary post 

(Mary Lacey.^ 
And haueing heard y^ Seuerall Demaunds of y* Damages of y® 
aforesd |?sons & those in their behalf, & upon Conferenc haue Soe 
Moderated their Respectiue Demaunds y' we doubt not but y' they will 
be Readily Comply'^ w"' by yo'' Hon^s which Respectiue Demaunds are 
as follow. Elizabeth How 12'' Georg Jacob. 79'' Mary Easty. 20'' Mary 

> Over each of the foregoing names there is a letter, apparently of the time of the text, 
to wit, one of the following, a, b, c, s, t, and \v, though not in that order. 



202 



Province Laws {Resolves^ etc. ) . — 171 1-1 2 . [Chaps. 8 1-83 . ] 



parker. 8^' M' Georg Burroughs. 50'' Giles Core. & Martha Core his 
wife 21" Rebettah Nurse 25'' John Willard. 20'' Sarah Good. 30" Martha 
Carrier. 7" 6' Samuell VVardell & Sarah his wife 36" 15' John procter. 
& Procter his wife 150" Sarah Wild. 14" M" Mary Bradbury. 20" 

Abigail Falkner 20" Abigail Hobs. 10" Ann Foster. 6" 10' Rebetta Earns. 
10 ' Dorcas Hoar. 21" 17' Mary Post. 8" 14' Mary Lacey. 8" 10' the whole 
amounting vnto. 578" 12' 
Salem. y« 14"' Sep^ 1710. 

yo' Hon's most Humble Serv*' 

John Appleton 
Thomas Notes 
John Burrill 
Neh : Jewett 
Read, and accepted. \_Passed October 26. 



CHAPTEK 81. 



RESOLVE ALLOWING £.4, TO PETER SEACOMB. 



Legislative 
Records of the 
Council, ix., 
153. Mass. 

ixxi.,^831.' publick Treasury to Peter seccomb the Petition"" in full of his account. 
[Passed October 26. 



Resolved That the sum of four Pounds be Allowed & Paid out of the 



Mass. 
Archives, 
Ixxl., 832. 



CHAPTER 82. 



RESOLVE GRANTING JN^ STERNES &c PETITION. 



Legislative 
Records of 
Council, Ix, 
153. Mass. 
Archives, 
Ixxi., 788. 

Mass. 
Archives, 
Ixxi., 789. 



the 



Upon reading a Petition of John Stearnes setting forth that his Son 
Isaac Sternes & John Shed & William Peacock all of Billerica proceeded 
in the Expedition to Port- Royal under Command of Lieu' Collonel John 
Ballantine & were unhappily shipwreck'd in the Transport commanded 
by Cpt. Tay lost their Lives, Arms & Clothes &c ; Praying Considera- 
tion for the said Losses to be paid with their Wages to the Petitioner 
John Sternes for his Son Isaac, to John Shed, for his Son John Shed, 
& to Samuel Peacock for his only Brother William Peacock ; 

Resolved That there be allowed & Paid out of the Publick Treasury 
to the Petitioner the wages due to his Son Isaac, with twenty Shillings, 
for his Gun & the like to the rest as prayed for in the Petition. \_Passed 
October 26. 



CHAPTER 83. 



ORDER DIRECTING NATHANIEL BLAGROVE TO ASSIST CONSTABLE DE- 
VOTION, AS AN ATTORNEY AT RHOAD ISLAND COURT. 



Legislative 
Records of the 
Council, ix., 
154. Mass. 
Archives, 
cclxxxvli., 7. 

Arnold's His- 
tory of the 
state of Rhode 
Island, ii., 45. 



Whereas John Devotion Constable of Attleboro. in the County of 
Bristol within this Her Ma'^' Province was sometime since Interrupted 
in the due Execution of his Office, within the s** Town of Attleboro. 
by some of Providence People within the Governm' of Rhode-Island 
and Providence Plantation, forceably Seized on and carry'd before one 
of the Magistrates of that Governm' and committed to the Sheriffe with 
a Mittimus to Imprison him, and put under necessity to keep himselfe 
from Prison, to Engage to appear at the General Court Next to be 
holden at Warwick 



[5th Sess.] Province Laws {Resolves, etc.). — 1711-12. 203 

Ordered That m' Nathaniel Blagrove be Desired to appear with the 
s*^ Constable Devotion at the Court afores'* and to Assist him in his 
Pleas for his Justification, and to assert the just Right and Jurisdic- 
tion of this Governm' to the Township of Attleboro. having been actu- 
ally under the Jurisdiction of the late Governm' of the Colony of New 
Plymouth now Incorporated into this Province for fourscore year's by 
past. To which this Governm' will abate no part of their just claim 
Tv^ithout Her Ma'^' Especial Direction. \_Passed October 26. 



CHAPTER 84. 

RESOLVE ALLOWING £.4„7, TO NOAH PECK. Legrslatlve 

Records of the 

Resolved that the Sum of Four Pounds & seven Shillings be allowed io4. 



■& paid out of the Publick Treasur}^ to Noah Peck a Lieutenant in the Mass. 
last Years Expedition for the Reducing of Port-Royal to reimburse ^^x^'770; 
him his Charge on his Sickness at his Return. [Passed October 27. Legislative 

° "- Records of the 

Council, ix., 95. 



CHAPTER 85. 

RESOLVE ALLOWING £.12, TO JN" ANDREWS. 

Resolved that the Sum of Twelve Pounds be allowed and paid out R^^*®|f!'^P., 
of the Publick Treasury to John Andrews of Boxford in full for his couucif, ix.. 

Time Charge & Expence for a Cure of a Hurt received in his Leg i£i 

whilst in her Majesties Service. [Passed October 27. Mass. 

•> L Archives, 

Ixxi., 850-852. 



CHAPTER 86. 

RESOLVE ALLOWING TO CPT. PHIPS & CPT. GOOKIN £.5, EACH. 

Resolved that the Sum of Five Pounds each be allowed & paid out Legislative 
of the Publick Treasury to Cpt. Samuel Phipps & Cpt. Samuel Gookin councif, i*x., ^ 

in full for their Service of Attending her Majesties Camp at Noddles }^ 

Island to prevent Extortion in the Sale of Victuals or Exchange of Mass. 
Money. [Passed October 27. ix^d.^ssl.' 



CHAPTER 87. 

RESOLVE ALLOWING £A, TO EDWARD SERGEANT. Legislative 

Records of the 
Couucll, ix., 

Resolved that the Sum of four Pounds be allowed & paid out of i55^ 

the Publick Treasury to Edward Sergeant of Newbury in full of his Mass. 
Accompt of Ferriages for her Maj-^' Service. [Passed October 27. tc^iiZ^m. 



20i 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 88-91.]' 



CHAPTER 88. 



Legislative 
Records of tlie 
Council, ix., 
155. 

Mass. 
Archives, 
ccxliv., 87. 



RESOLVE ALLOWING £.2,, 15, TO RICHD JACKMAN. 

Resolved that the Sum of Fifty five Shillings be allowed aud paid 
out of the Publick Treasury to Richard Jackmau of Newbury in full 
of his Ace" of Ferryages on her Maj>' Service. \_Passed October 27. 



Legislative 
Recprds of the 
Council, ix., 
155. Mass. 
Archives, 
Ixiii., 174. 

Ante, chap. 76. 
Post, chap. 94. 

Mass. 
Archives, 
Ixiii., 200. 



CHAPTER 89. 

ORDER OF ENCOURAGEMT TO OPT. GILBERT &c PILOTS TO GO TO G^ 
BRITAIN, AND FOR A COMM'''^^ TO TREAT WITH Y^ PILOTS. 

In the House of Representatives. 

Whereas It is of Importance that what relates to the Pilotage of 
the late Exped" to Canada, be trul}', & fully Represented at Whitehall. 
And That if Her Maj'-^ in Her Royall Wisdom, Shall See meet to renew 
the Exped" thither, and to order the Fleet to Proceed directly, without 
first coming to this place : Some able Pilots may be there ready for that 
service. 

Ordered That Capt: Thom' Gilbert Capt: Zach°- Fowle, & Capt: 
Jeffry Bedgood Capt : Rich'' Harris & Capt : Jn" Jenkins be obtained 
to Proceed on the Adventure man of War to Great Britain, for that 
end, & that their necessary charges &c meet recompeiice for their time 
be allowed out of the publick Treasury. 
In Council. 

Read and concurr'd. And the Representatives are Desired to appoint 
some of their members to Treat with the said Pilots about their going 
And for their Encouragem' and Reward. 

In the House of Representatives Read. & 

Ordered That Capt : simon Davis, Capt : Thom^ Hutchinson, & Capt :. 
James Warren be a Coiiiittee for the s'^ affair. \_Passed October 27. 



CHAPTER 90. 



Legislative 
Records of the 
Council, ix., 
156. 

Mass. 
Archives, 
ccxliv., 97. 



RESOLVE ALLOWING £.4^10,, 4, TO AMOS MARRET. 

Resolved that the Sum of Four Pounds ten Shillings & four Pence- 
be allowed & paid out of the Publick Treasury to Amos Marrett in full 
of his Accompt for Sickness & Funeral Charge of Ensign Jon" Moor 
late return'd from the Service of the Exped". \_Passed October 30. 



CHAPTER 91. 



Legislative 
Records of the 
Council, i.\., 
156. 

Mass. 
Archives, 
ccxliv., 93. 



RESOLVE ALLOWING £.2,^9, TO JOSH: EATON. 

Resolved that the Sum of Forty nine Shillings be allowed & paid out 
of the publick Treasury to Joshua Eaton in full of his Accompt for 
Sickness & Funeral Charges of his Servant Eleazar Mac-Gregory late 
returned from the Service of the Expedition. [^Passed October 30. 



[5th Sess.] Province Laws {Resolves, etc). — 1711-12. 205 



CHAPTEK 92. 

RESOLVE ALLOWING £.6„ 3, TO JN'^ APPLETON ESQ^ &c A COMIVP'^^. Legislative 

Records of the 

Resolved That the Sum of Six Pounds & three Shillings be Allowed, ise. Mass.' 

& Paid out of the publiek Treasury, to John Appleton Esq' to Discharge ^^^^^\-i 

the said acc°.^ [Passed October SO. \ " ' [. ' \>^ 

^ Ante, chap. 80. 



CHAPTER 93. 

RESOLVE ALLOW^ING £.4„5„9, TO SAM'i- OLDHAM. 

Resolved that the Sum of Four Pounds five Shillings «fe nine Pence Legislative 
l)e allowed & paid out of the Publiek Treasury to Sam" Oldham for councif ix ^'^^ 
Sickness & Funeral Charges of his Servant Joseph Green a Soldier 157. 
lately return'd from the late Expedition intended to Canada. \_Passed 
October 31 . 

. CHAPTER 94. 

VOTE APPROVING A JOURNAL OF Y^ PROCEEDINGS REFERRING TO 
Y^ EXPEDITION; TO BE SENT HOME. 

An Abstract of the Journal of the Proceedings of the Governour, Legislative 
Council & Assembly in Obedience to her Majesties Royal Commands councif "ix!^^ 
for Assisting the Expedition under the Command of the Hon''''' John io7- 
Hill Esq'' Commander in Chief &c for the Reduction of Canada & ^jj<e,chap.89. 
Newfoundland. ^°'*' ^'^^P- '^• 

Read & Approved & Concurred by the Representatives to be sent 
to Whitehall. [Passed October 31. 



CHAPTER 95. 

VOTE APPROVING A MEM" REFERRING TO PILOTS IN Y"' LATE EXPE- 
DITION. 

A Memorial of the Proceedings referring to the obtaining of Pilots Legislative 
for the Service of the Expedition above-said : Read & Approved councff ix *''^ 

& Concurred by the Representatives to be sent to Whitehall. [Passed 157. 

October 31 . Ante, chap. 94. 
■ Post, chap. 98. 

CHAPTER 96. 

VOTE OF ADVICE FOR A CONGRESS OF THE SEV^i- GOVERN^^ REFER- 
RING TO Y^ \YAll. 

In the House of Representatives. Legislative 

Ix Answer to the Motion of the Hon''''' Generall Nicholson, yester- coundf ^x*'^^ 

day. _ 157. Mass. ' 

This House is of Opinion, That all the Neighbouring Governments bcxi."!?!.' 
ought from the beginning of the War, to have assisted, & United, in ^„«e chap 17* 
a mutuall Defence: and annoyance of the common Enemy. Pos^,' chap. iii. 

1 This account shows the expenses of the Committee of enquiry concerning attainders 
of witchcraft and damages therefor. 



206 



Province Laws (Hesolves, etc. ). — 1711-12. [Chaps. 97-100.]; 



And are now humbly of Advice that there be Speedily a Meeting 
of Her Majesty's Governours, Directed by Her Royall Instructions to 
Assist, in the late intended Expedition to Canada, attended with Such 
Persons as the Severall Governments Shall Appoint, to Consider of, 
& Concert Methods, for the present Defence : & Prosecution of the 
War, particularly by engaging the Five nations of Maqva-Indians, 
against the French. And to Adjust, & Apportion the charge, 

that has been, or Shall be accruing from the War, in the most eqvall 
manner that may be 
In Council. 

Kead and Concurr'd. [Passed* October 31. 



CHAPTER 97. 

RESOLVE ALLOWING NATHi-i- WILSON £.1 „ 19 „ 4, FOR FERRY AGE, 

Records^of the Resolvecl That the Sum of one Pound nineteen Shillings & four pence^ 
Council, ix., be allowed & paid out of the publick Treasury, to, Nathaniel Wilson in 
Archiv^esT' behalf 6 of himself, & the other Ferry men as due. \_Passed November 1, 

ccci., 82. 



CHAPTER 98. 



SAM^^ PHIPPS. £.1„2„ 
ING SOLDIERS. 



3, CHARGE OF TRANSPORT- 



Legislative RESOLVE ALLOWING 
Records of the 
Council, ix., 

158. Mass. 

4^Hv!,'*88. Resolved That the Sum of One Pound two Shillings, & three pence 

be allowed, & Paid out of the Publick Treasury, to Capt: Samuel 

\_Passed November 1. 



Post,' chap,' 112. Phipps in full to Defray this acc°. 



CHAPTER 99. 

RESOLVE ALLOWING M" PARIS MINISTER OF DUNSTABLE £.10. 
LegiBiative Resolved That the Sum of Ten Pounds, be Allowed, & Paid out of 

Records ot the ., -r,i,.,ro -»,r<-i i-r. •« ii^ -.i- , r^ 

Council, ix., the PubliCK Ireasury, to M'' Samuel Parris, for halfe a xears Sei-vice,. 
Archi^^es^ki. ending the first day of Ocf last. [Passed November 1. 
382. ' "' 



CHAPTER 100. 

ORDER ACCEPTING REPORT OF THE COMMITTEE ON THE LOCATION 
OF THE SALISBURY MEETING HOUSE, 



Legislative 
Records of the 
Council, ix., 
15,5. Mass, 
Archives, xi., 
3^1. 

Ante, chap. 9. 



A Report of the Committie Apointed by the Gener^' Court in May 
Session's 17ll. On the Affaire of the. Meetting House in Salsbury 

On the 15. Augs' . „ the Colhitte did Repaire to Salsbury & with a 
Cornittie of boath party's of the Inhabitants of y* s*^ Town did Veiue 
y^ whole Town from End to End : & do find it vnhappily Scituated & 
Settled y^ most part of y*" People are Seated at y'^ East & Westt End. 
y" Middle p' of y^ Town is barren Soyle. & fue y' dwell vpon it not being 
conveniant to accomidating of y" Ministe'' or people. ; and to carrie y^ 



[5th Sess.] Province Lav^s (Iiesolve.<i, etc.). — 1711-12. 207 

House to y' West End of y^ Town as they had voted : w'^'' is three Mile 
from y'' Old Meetting House it woold remoue all y* first Planters's from 
y' Originall Prevelidg's w*^'' is contray to y^ regard y' Vsaliy hath been 
had to y® antiant Settlements, 

Wee Humbly Offer o'' Opinnions to yo' Excell'^y & this Honor" Court, 
that to Sett a House to accoinodate y® whole Town is verry Impracti- 
able In process of Tyme (w"* God' blessing) y^ inhabitants of y'' West 
End will be necessitated to build a House ; but for y^ present ease & 
conueuiancy to Erect a House abo' a Mile Westward from y*" old Met- 
ting House at a place called Hubbards Plaine will abate considerable 
travill of the Westt Inhabitants & accoinodate y*^ Lower & anciant 
Settlemen'^ w° Sepperat*^ from y*" vpper 

Thus Submitting o' Opinniou to yo"" ExcelP^* & this Honorab'^ Court 
Wisdom & Judgm' 

John Appleton 
Thomas Notes 
cvtting noyes 
Dan"- Rogers. 
Read and Accepted. [Passed November 2. 



CHAPTER 101. 

RESOLVE ALLOWING £.1 „ 19 „ 11, TO JOHN HOUGHTON. 

Resolved That the Sum of One Pound nineteen Shillings, & 11* be Legislative 
allowed & Paid out of the Publick Treasury to M' John Houghton for coundf ix.!^^ 
the accountant David Whetcomb.^ [Passed November 2. i59- Mass.' 

Archives, cl.. 



CHAPTER 102. 

RESOLVE GRANTING TO CERTAIN PERSONS OF BOSTON ABATEM^ IN 

PART OF Y^ TAX. 

Upon reading a Petition of Samuel Lynde Esq' &, several of the Legislative 
Inhabitants of Boston for them selves & others whose Houses & Shops c*'*^n'"|f f^ *^^ 
& much of their Substance were consumed by the late dreadful Fire, 159. Mass.* 
Praying an Abatem' of their Proportion assessed to the Province Tax, i4^xxvli^.!29. 
Certified by the Assessors to amount to the Sum of Three Hundred & > ,,, J„,^ ^„ " 
nine Pounds three Shillings & six Pence Pos<, chap. 131. 

Resolved That the Praier of the Petition be Granted. \_Passed 
November 2. 



CHAPTER 103. 

VOTE ALLOWING COUNTY TREASURERS ACC's. Legislative 

Records of the 

Several Accompts of the respective County Treasurers of Suffolk 159?°*^' ' ^^'' 
Plimouth Barnstable & Bristol of their several County Rates of the Legislative 
aforegoing Years: Allowed by the House of Representatives: Read colmcifix*^^ 
&. Concurred. [Passed November 2. los. ' ' 

1 From this word on the Secretary's record reads " for subsisting & phvsick to several 
sick soldiers under the command of Cpt William Tyng in the years 1707, l708 & 1710." — 
Legislative Records of the Council, ix., 159. 



208 



Province IjAv^^ {Resolves, etc.) , — 1711-12. [Chaps. 104-106.] 



CHAPTEE 104. 



liCgislative 
Records of the 
Council, ix., 
159. Mass. 
Archives, xx., 
180. 



RESOLVE DIRECTING THE TREAS^ TO PURCHASE £.200, IN BILLS FOR 
MK AGENT DUMMER. 

Resolved That the Treasurer be Directed to Purchase good Bills of 
Exchange for Two Hundred Pounds Sterling, to be paid to M"" Jere- 
miah Dummer in London, Agent for this Province, to Enable him to 
Negotiate the affairs y' of. \_Passed November 2. 



CHAPTEE 105. 



Legislative 
Records of the 
Council, ix., 
159. Mass. 
Archives, xi., 
391. 

.<in<e, cbap.65. 



ORDER AGAINST PROCEEDING WITH BUILDING A MEETING HOUSE AND 
IN REGARD TO THE DIVISION OF NEWBURY INTO TWO PRECINCTS. 

Upon hearing the Case of Newbury referring to the House late 
pretended to be raised for the publick Worship of God, on or near 
deacon Joshua Brown's land, contrary to the direction of this Court; 
of which there, is no present Necessity : 

It is ordered that the building of the said House, be not upon any 
pretence whatsoever further proceeded in ; but that the division of the 
Town into two Precincts between the Old Meetinghouse, and that upon 
Pipe-staff Hill, be the present division of the Auditory, and is hereby 
Confirmed and Established ; and persons concerned are to yield Obe- 
dience accordingly : And that the Disorders that have been in the pro- 
ceedings about the said House on Brown's land, be referred to the next 
Session of the Peace in Essex. \_Passed November 2. 



CHAPTEE 106. 



Legislative 
Records of the 
Council, ix., 
160. Mass. 
Archives, ci., 
406. 

Ante, chap. 57. 
Post, chap. 155. 



RESOLVE ORDERING THAT £.8000, IN BILLS OF CREDIT BE EMITTED 
AND PROVIDING A FUND AS SECURITY THEREFOR.» 

Resolved That the Sum of Five Thousand Pounds of Bills of Credit 
on this Province ordered by this Court in June last to remain unsign'd 
in the hands of the Committee that made them untill further order, be 
forthwith Sign'd, & Delivered to the Treasurer. 

And The Treasurer, is hereby Directed and Impowered to Issue forth, 
«fe Emit the S** Sum of Five Thousand Pounds, together with the Sum 
of Three Thousand Pounds more of the Bills of publick Credit, that 
are, or shall be received into the Treasury, towards payment, of the 
publick Debts of the Province, already contracted, & the further grow- 
ing charge, for the Defence thereof for Supplying & Subsisting, of the 
Province Galley & sloop Forts. Garrisons & Forces, raised, & to be 
raised, & imploied within the same, & wages arising, for their Service, 
towards defreying, the charge of the late intended Exped" to Canada 
(belonging to this Province.) for payment of Grants, Salaries, & Allow- 
ances, made & to be made, by this Court, according to Such Draughts, 
as from time, to time, Shall be made upon him by warrant, or order 
of the Goverii'^ by & with the advice & Consent, of the Councill, & the 
S'' Bills, Shall Passe out of the Treasury, at the value therein expressed, 



' Printed in the notes to the Acts of 1711-12, Province Laws, i., 687; reprinted here, 
as important. 



[5th Sess.] Province Laws [Resolves ^ etc.). — 1711-12. 209 

eqvivaleut to money, & Shall be Taken & accepted, in all publick Pay- 
ments, at the advance, & after the rate of five Pounds ^ cent. more. 

And That the Duties ; of Impost, & Excise shall be a Fund, & Secu- 
rity, for the Repayment, & Drawing in of the s'^ Bills, to the Treasury 
again. So far as that will reach. 

And as a further Fund, & Security, for the Same, for the Paying 
of Souldiers wages, & for Defreyiug of the further necessary grow- 
ing charge of the Province, the Defence of Her Majesty's Subjects, 
& Interests within the Same, & Support of the Government thereof. 
There be, & hereby is Granted, unto Her most Excellent Majesty, to 
the ends, & Uses aforesaid a Tax of Eight Thousand Pounds, to be 
Levied on Polls, & Estates, both real, & personall, within this Prov- 
ince according to Such Rules, & in Such Proportion, upon the Several! 
Towns, & Districts, within the Same, as Shall be Agreed on, & ordered, 
by the Great & Generall Court, or Assembly of this Province, at their 
Session in May 1716, To be paid into the Treasurer: Three Thousand 
Pounds thereof, on or before the last day of Nov"^ 1716, and the re- 
maining Five Thousand Pounds thereof, on or before the last Day of 
May 1717. \_Passed November 3. 



CHAPTER 107. 

VOTE APPOINTING A THANKS-GIVING. Legislative 

Records of the 
Council, ix., 

Upon a Motion from the House of Representatives ; i62^ 

A Proclamation was drawn up & signed by his Excellency for a Love's 
Pnblick Thanks-Giving to be celebrated upon Thursday the twenty Thanksgiving 
ninth Curr' And the Council advised thereto. [Passed November 5. Days of New 

•- England, 

p. 487. 



CHAPTER 108. 

ORDER OF HEARING ON SAM^i- BAYLEYS PETITION. 

[Upon reading] A Petition of Samuel Bailey Administrator cum Legislative 
Testameuto aunexo de Bonis non of the Estate of John Smith hereto- counciux.!^^ 
fore of Dorchester Deceased, Praying Licence for Selling Lands for ifsi- Mass. 
Defraying the Charge of the Support, Sickness & Funeral of his Widow ; xvii.', 298.' 

Ordered That the Pef Notify the other Children of the dece^ of this /wTchapTue. 
Pet'™ and Demand, And that they be heard before this Court on Friday Mass. 
the 9"" currant, if this Court continue Sitting otherwise on the Second cexUv., 69, 70. 
Friday of the next Session. \_Passed November 6. 



CHAPTER 109. L«s"o7the 

Council, ix., 
162. Mass. 
ORDER ESTABLISHING A NEW TOWN NAMED NEEDHAM. [Passed Novem- Archives, 

ber 6. cxlii., 623. 

Mass. 

[Printed with resolves^ orders^ etc., ^'•granting lands, establishing pre- t^m^Jm-m^. 
cincts and parishes, and determining territorial boundaries."^ R^^^*d**^f th 

Council, ix., 

158. 



210 



Province Laws (i?esoZves, ete. ) . — 1711-12. [Chaps. 110-112.] 



CHAPTER 110. 



Legislative 
Records of 
Council, ix. 
163. Mass. 
Archives, 
Ixxl., 861. 

Ante, chap. 
Post, chap. 



the 



ORDER APPOINTING A COMM^^" TO VIEW CASTLE WILLIAM, 

Ordered That Elisha Hutchinson Penn Townsend and Andrew Belcher 
Esq" with such as shall be named by the Representatives, Be a Com- 
mittee to repair to Castle William, to see the workes lately done there, 
And what may be further necessary. And that they go down too morrow. 
In the House of Representatives 

Read & Concurr'd, & Addington Davenport Esq'' IVF Benj°^ Lynde. 
Josiah Chapin Esq'' M'' William Denison, & Capt. Samuel Phipps. Join'd 
for the aff' above mentioned. \^Passed November 6. 



Legislative 
Records of the 
Council, ix., 

16.3. Mass. 
Archives, 
Ixxi., 7.38. 

Mass. 
Archives, 
Ixxi., 739, 740. 



CHAPTER 111. 

RESOLVE ALLOWING 20/, TO JOS. TITUS. 

Resolved That the Sum of Twenty Shillings, be Allowed, & Paid 
out of the Publick Treasury, to Joseph Titus, ^ for the Gun mentioned 
in this Petition. \_Passed November 6. 



CHAPTER 112. 



RESOLVE PROVIDING PECUNIARY ENCOURAGEMt TO CPT. GILBERT &c 
PILOTS IN Y^ LATE EXPEDITION TO GO TO G^ BRITAIN. 



Legislative 
Records of the 
Council, ix., 
163. Mass. 
Archives, 
Ixiii., iW. 

Ante, chap. ',)8. 
Po«<, chap. 128. 
Mass. 
Archives, 
Ixiii., 198, 199; 
ccci.,84. Leg- 
islative Rec- 
ords of the 
Council, ix., 
144, 146 bis, 148 
his, 149, 151. 



For the Encouragement & Support of Cpt. Thomas Gilbert, Richard 
Harris & Jeffrey Bedgood three of the Pilots ordered by this Court to 
proceed to Great Britain in the Adventure Frigott (the other two, viz, 
Cpt Fowle & Cpt. Jenkings not being in Circumstances to proceed) to 
attend her Majesty with an Account of their late Proceedings, and to 
be in Readiness for her Majesties Service if she please to Resolve upon 
a new Expedition ; 

iJesoZued That Fifty Pounds be Paid out of the publick 'Treasury, 
to each of them before their Imbarcation. and Fifty Pounds Sterling, 
to each of them, when they arrive in London, to bear their charge, & 
Pay for their Time for Six months, and after that. Ten Pounds ^ 
month to each of them, while they are necessarily Detained on the Ser- 
vice of this Province or uutill they are put into Some other employ. 

That the Treasurer, be Directed to Purchase good Bills of Exchange, 
to be paid to each of them accordingly. [^Passed November 6. 

1 From this word on, the Secretary's record reads, " of Rehoboth for a gun lost in her 
majestys service at the time when his son was slain in the year 1709." — Legislative Rec- 
ords of the Council, ix., 163. 



[5th Sess.] Province Laws {Resolves^ etc). — 1711-12. 211 

CHAPTER 113. 

RESOLVE ALLOWING £.5„ S, TO BENJ'^ SKIFFE. 



Resolved That the Sum of Five Pounds «fe five shillings be allowed, legislative 
& Paid out of the publick Treasury to Beuj'' Skeffe Esq'' the Pef" to Council, ix., 
Defray the charge o 
the AVages due to the 
\_Passed November 6. 



Defray the charge of ^ Nathan Skeffe's Sicknesse, & funeral!,- And Archi^ves'*" 
the AVages due to the Deceas*^ for the use as Set forth in the Petition, ixxi., sse! 



CHAPTER 114. 

VOTE APPOINTING CERTAIN PERSONS TO ATTEND Y= GOV AT Y= 

CONGRESS. 

The following Vote passed in Council, Legislative 

In y* Affair of y* Congress of y* sev" Gov" proposed for Considera- Jouncff %^^^ 

tion of a joint Defence 162. Mass. ' 

If that Proposal be accepted by the other Governm'' & come forward ^S^^^'*'^®' "*' 
Voted That Penn Townsend and Andrew Belcher Esq" with such ^„)>e chap 'jg 

Gentlemen as shall be named by the Representatives be Desired to Mass. 

attend his Excellency and assist in that affair. ^5^126?^' *"' 

In the House of Represeutitives 
Read, & Concurr'd & Addington Davenport, & Joseph Parsons Esq" 

& Capt. Thorn' Hutchinson are named for the Affair abovementioned. 

[^Passed * November 7. 



CHAPTER 115. 

ORDER ALLOWING SAMi-i- CLARK £.30. 



Upon reading the Petition of Samuel Clark of Topsfield Setting forth Legislative 
that he being in her Majesties Service with several other Soldiers were coimcif, ix.f^^ 
surprized & taken Captive by a Party of the Indian Enemy in the iw. Mass. ' 
Year 1710 : And was necessitated for the Preservation of his Life, the IxV-i.^vst! 
Indians threatening to knock him on the Head, to obtain the Value liE^^^l ' 

of Thirty Pounds in Goods of Cpt. Abraham Prebble to purchase his Archives, 
Redemption for which he has given his Bond to the said Prebble. 

In Consideration that the Redemption of the Petitioner was pur- 
chased upon apparent Danger of his being immediately murthered 
unless redeemed, and he being since returned to her Majesties Service. 

Resolved That the Sum of Thirty Pounds, be Allowed, & Paid out 
of the Publick Treasury, to Samuel Clark the Petitioner to enable him 
to Discharge his Bond for his Redemption, & That Twenty shillings 
more be paid for his Gun lost in the service. ^Passed November 7. 

> The Secretary's record here inserts "his kinsman." — Legislative Records of the 
Council, ix., 163. 

2 From this word on, the Secretary's record reads, "(who came home sick from the late 
intendefl expedition to Canada) & the wages due to the aeceased for the use of his father."' 
— Legislative Records of the Council, ix., 163. 



212 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 116-119.] 



CHAPTEE 116. 



RESOLVE ALLOWING HUGH PIKE £.3. 



Legislative 
Records of the 
Council, ix., 
164. Mass. 
Archives, 
Ixxi., 849. 

Mass. 
Archives, 
Ixxi., 745. 



Upon reading the Petition of Hugh Pike of Newbury wounded in 
the Expedition to Port Royal under the Command of Coll. March, 
In the House of Representatives. 

Resolved That there be allowed, & Paid out of the publick Treas- 
ury, to Hugh Pike the Petitioner. Three Pounds in addition to his last 
year's allowance of five Pounds, And six pounds. ^ annum for two 
years next coming if he live so long. 
In Council. 

Read and agreed to the Three Pounds in Addition to his last year's 
allowance of Five Pounds, and no further.^ \_Passed November 7. 



Legislative 
Re(5ords of the 
Council, ix., 
164. 

Maps and 
Plans, xxxiii., 
16. 



CHAPTER 117. 

RESOLVE ALLOWING PAYMENT OF WINTER HARB" FORT ACC^, 

The following Resolve pass'd in the House of Representatives 
upon the Accompt of the Charges of Winter Harbour Fort ; Read & 
Concurred : Viz, 

Resolved that the Sum of Seventeen Pounds one Shilling & two 
Pence be paid out of the Publick Treasury to the Committee for the 
Cost of Building the said Fort (over & above Four Hundred Pounds 
already paid to them) together with Twelve Pounds to John Wheel- 
wright Esq"" Eight Pounds to the Heirs of Major Hammond & Twenty 
Pounds to Cpt. Lewis Bane for their Service in Carrying on the Work. 
[^Passed November 7. 



CHAPTER 118. 



Legislative 
Records of the 
Council, ix., 
165. 

Mass. 

Archives, xi., 
386-390; cxiii., 
596, 597. 



ORDER OF HEARING 



ON A PETITION OF THE 
RIVER. [Passed November 7. 



INHARTB OF PALMERS 



\_Printed with resolves^ orders^ etc., ^''granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 119 



ORD« REFERRING TO WARE BRIDGE OVER TAUNTON GREAT RIVER. 



Legislative 
Records of the 
Council, ix., 
165. 



Upon reading a Petition of the Select Men of Taunton Setting forth 
That one of the Great Bridges over Taunton Great River known by 
the Name of the Ware Bridge built at the Charge of the said 'Town 
for one Half thereof. And the other Half at the Charge of the adja- 
cent Towns is much out of Repair & dangerous for Passage, Praying 

1 No formal agreement to this limitation appears, but the matter seems to have been 
treated as complete legislation, for payment of the additional allowance was made. — Ex- 
ecutive Records of the Council, v., 478. 



[5th Sess.] Province Laws {Resolves, etc.). — 1711-12. 213 

the Direction and Order of this Court for tlie Repairing & Maintaining 
thereof 

Ordered that the Neighbouring Towns that assisted in Building the 
Ware Bridge be served with a Copy of this Petition & notified to ap- 
pear by their Agents on the third Wednesday of next May Session, 
to shew Cause if any thej^ have, why they should not bear their Part 
of Repairing the said Bridge as in Building of the same, And that the 
Select Men of Taunton in the mean Time secure & make the said Bridge 
safe for Passing, the Accompt of the Charge thereof to be then brought 
in & Proportioned. \_Passed November 7. 



CHAPTER 120. 

RESOLVE ALLOWING £.20, TO M" MOODEY MINISTER OF YORK. 

Upon reading a Petition of Cpt. Lewis Bane Representative of the Legislative 
Town of York, Setting forth that they are about to Erect a New Meet- coXtux.!^^ 
ing House in the said Town, the Charge whereof will be so heavy under ^5. Mass. 
their impoverishing Circumstances by the War, that it will detract from 385. 
a due Support of their Minister whilst that Work is at Hand, Praying 
some Allowance from the Government : 

Resolved That the Sum of Twenty Pounds be Allowed & Paid out 
of the publick Treasury', to the reverend M'^ Samuel Moodey, minister 
of York towards his Support for this year. \_Passed November 7. 



CHAPTER 121. 

RESOLVE ALLOWING £.6, TO PETER THACHER. Legislative 

Records of the 
Council, ix., 

Resolved. That the Sum of Six Pounds be Allowed, & Paid out of lee. Ma^ss. 
the publick Treasury to Peter Thacher the Pef in full of his acc"^ of ixxi.,^s36! 
charge, upon Anthony Thacher. \_Passed November 7. Mass! 

Archives, 
Ixxi., 837-839. 



CHAPTER 122. 

ORDER OF CONFIRMATION OF TWO HUNDRED ACRES OF LAND TO JOS : Legislative 

DANIEL. [Passed Xovember 7. Records of the 

■■ Council, IX., 

166. Mass. 

\^Printed with resolves, orders, etc., '■^granting lands, establishing pre- ^^^^1^^% 
cincts and parishes, and determining territorial boundaries."'] — — 



CHAPTER 123. SKf%he 

Couucil, ix., 
166. Mass. 
VOTE ANNEXING LANDS OF LOVEJOY & STEVENS TO THE SOUTH PRE- Archives, xi., 

CINCT IN ANDOVER. [Passed Xovember 7. ?^i . 

Post, chap. 162. 

[^Printed ivith resolves, orders, etc., ^'-granting lands, establishing pre- Rlfords^of the 
cincts and parishes, and determining territorial boundaries."'] Council, ix., 

• From this word on, the Secretary's record reads, "for sickness & funeral charges of 
Anthony Thatcher to whom he was guardian who died of sickness contracted in her Maj- 
estys Service." — Legislative Records of the Council, ix., 166. 



2U 



Province IjA\ys(Iiesolves,etc.). — 1711-12. [Chaps. 124-127.] 



CHAPTER 124. 



Legislative 
Records of the 
Council, ix., 
167. Mass. 
Archives, 
Ixxi., 841. 



RESOLVE ALLOWING £.30, TO CPT. TUTHILL. 



Upon the Petition of Cpt. Zech' Tuthill ; 

Resolved That the Sum of Thirty Pounds, be Allowed, & Paid out of 
the Publick Treasury to Capt : Zech^ Tuthill the Petition'' for his ex- 
traordinary Service, in Taking care of, & Inspecting the works done 
Ante,chay.iw. at Castle William, for Severall years past. [_Passed November 8. 



CHAPTER 125. 



Legislative 
Records of the 
Council, ix., 
167. Mass. 
Archives, 
Iviii.. 282. 



RESOLVE ALLOWING £.30, ADDITIONAL TO M'' PRES. LEVERET. 



upon a 
Read & 



The following Resolve pass'd in the House of Repres''' 
Memorial of M'' John Leveret President of Harvard Colledge 
Concurred ; Viz, 

Resolved That the Sum of Thirty Pounds be added to the Allowance 
of the memorialist, for the year next coming, & paid out of the publick 
Treasury. \_Passed November 8. 



Legislative 
Records of the 
Council, ix., 
167. Mass. 
Archives, 
Ixxi., 85.3. 

Mass. 
Archives, 
Ixxi., 842-847. 



CHAPTER 126. 

ORDER OF ESTOPLE ON LIEU. PARKERS* WAGES. 

Voted a Concurrence with the Ord"" pass'd in y* House of Repres"*' 
upon the Petition of Lieu' Josiah Parker, Praying Forgiveness for Tak- 
ing Money of Soldiers for their Release; [viz.] 

Ordered That the wages, of the Petition"' be stop't in the Treasury, 
untill he has had his Tryall for the Offence mentioned in the Petition. 
\_Passed November 8. 



Legislative 
Records of the 
Council, ix., 
169. Mass. 
Archives, 
cxiii., 685. 

Post, chap. 154. 
Mass. 
Archives, 
cxiii., 58;i-591. 
Legislative 
Records of the 
Council, ix., 
153, 160. 



CHAPTER 127. 

ORDER APPOINTING A COMMITTEE ON THE MATTAKESET PETITION 
FOR A NEW TOWNSHIP. [Passed November 9. 

l_Printed with resolves, orders, etc., '■^granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries "'\ 

I Wherever this name occurs in Mass. Archives it is "Barker," as also in the signa- 
ture on p. 853, vol. Ixxi., of the Archives. 



[5th Sess.] Province Laws (liesolveSf etc.). — 1711-12. 215 



CHAPTER 128. 

ORDER OF ADDITi- INSTRUCTION TO M* AGENT DUMER. 

In the House of Representatives. Legislative 

Ordered That It be added to the Instructions of M' Agent Dumer, ^undfjlf ® 
to Endeavour the Obtaining Her Mai"'' Coiiiands to y'' Governm' of ij^tt. Mass. 
New- York, to Break their NeutraUty & Joine, & assist vigorously in i^i. ' ' ' * 
carryiug on the war against the common Enemy, and That the pur- yi7t<e, chap. 112. 
port of Govern' Hunter's Letter laid before this House this session -Post, chap. i-2y. 
relating to that affair, be writ to him. 
In Council. 
Read and Concurr'd. to y^ first part.^ \^Passed November 10. 



CHAPTER 129. 

ORDER DESIRING LIEU. GEN^i- NICHOLSON TO OBTAIN HER UKr^ COM- 
MANDS TO Y« GOVERNM'T OF N. YORK TO CEASE THEIR NEUTRALITY. 

In the House of Representatives 

Ordered That a Coinittee of both Houses be Appointed, to Attend Legislative 
the Honorable Generall Nicholson, and Pray his Honour to Improve couacii^ i*x., ^ 
his Interest at Whitehall, that Her Majesty's especiall Comands may no. Mass. 
be given to the Government of New- York, to Cease their Neutrality 452. 
& vigorously assist in carrying on the War against the french & Indian Ante, chap. 128. 
Enemy. 

In Couucil 

Read and Concurr'd. and that his Excellency be Desired to cover the 
Copy of this Vote to U General Nicholson. \_Passed November 10.^ 



CHAPTER 130. 

ORD« TO PROVIDE SNOW SHOOES. 

Ordered that such & so many of the Soldiers enlisted in the Military Legislative 
Companies & Troops within the respective Towns & Districts hereafter Records of the 
named ; viz, Wells, York, Kittery, Salisbury, Andover, Newbury, Ames- no. ' ' 
bury, Bradford, Haverhill, Billerica, Dracutt, Dunstable, Stow, Con- post, chap. 172. 
cord Sudbury, Groton, Lancaster, Marlboro, Sherburn, Framingham, ¥rcii{yeg 
Woodstock & every of the Towns within the County of Hampshire, ixxi., see! 
as the Commission Officers of every such Company shall judge most Recordso?the 
able (being not less than one Half of the Company) shall each of Council, ix., 
them provide him self with a good Pair of Snow-Shooes & Moggasons 
at or before the tenth Day of December next coming on y" Penalty 
of Ten Shillings for Neglect 

' The Secretary's record of the foregoing is as follows: — 

" Ordered, that it be added to the Instructions of Mi" Agent Dummer to Endeavour the 
Obtaining her Majesties Commands to the Government of New York, to break their Neu- 
trality, & join & assist vigorously in Carrying on the War against the Common p]nemy, 
with a Copy of the Opinion of the Council of New York upon that Head:" — Legislative 
Records of the Council, ix., 169. 

^ The Secretary's record omits the words "french &" before "Indian," and also the 
addition by the Council. — Legislative Records of the Council, ix., 170. 



216 



Province Li aws (Besolves, etc.). — 1711-12. [Chaps. 131-133.] 



And for his Encouragem' in so Doing, He shall be paid by the Prov- 
ince seven Shillings at the first Charge, and two Shillings a Year for 
every Year afterward so long as the War shall last : And if any Per- 
son shall dye or Remove out of Town that was so supplied the Officers 
of the Company to which he did belong shall take Care to preserve 
their Snow Shooes and Moggasins. 

The standing Soldiers in the Counties of York, Middlesex & Hamp- 
shire to be provided at the Charge of the Province 

That the Money allowed to the Half drawn men be paid out of the 
last Part of this present Tax. [^Passed November 10. 



CHAPTER 131. 

RESOLVE FOR ENLARGEM^ OF Y^^ TIME FOR COLLECTING BOSTON TAX. 

Recordfof the Whereas the Assessors of the Town of Boston were prevented by 
Council, ix., the Intervening of the Expedition this Summer to assess the Sum set 

11^: on the Inhabitants of the said Town to the last Province Tax according 

^n<e, chap. 102. ^^ ^^^ ^j^^j^^g limited, One Half of which by the Act was to be Collected 
some Time in the Month of September now last past ; 

Resolved that the Time for Collecting the said Half of the Tax afore 
said be lengthened out to the last Day of December next, Any Thing-.: 
in the said Act notwithstanding. \_Passed November 10. 



CHAPTER 132. 

RESOLVE ALLOWING £.250, TO HIS EX^^ THE GOV^ 

Records of the Besolved That the Sum of Two Hundred & fifty Pounds be Allowed 

Council, ix., & Paid out of the Publick Treasury, to His Excellency Joseph Dud- 

Archives?' LEY Esq' Capt" Gcncrall and Governour in chief, of this Her Majesty's 

ccci., 82. Province, for his Support, in Managing the Affairs of the Government. 

Ante, chap. 29. ^Passed November 10. 



CHAPTER 133. 



RESOLVE ALLOWING £.60, TO M^ SECR"'' ADDINGTON. 



Legislative 
Records of the 
Council, ix., 
171. Mass. 
Archives, 
ccci., 83. 



Resolved That the Sum of Sixty Pounds, be Allowed, & Paid out 
of the publick Treasury to the Hon'''"' Isaac Addington Esq'' for his ex- 
traordinary Service, for this Province for the year currant. [^Passed 
November 10. 



[5th Sess.] Province Laws {Resolves, etc.). — 1711-12. 217 



CHAPTER 134. 

RESOLVE ALLOWING £.200, TO M« COMMISSARY GEN^-^ 

Resolved That the Sum of Two Hundred Pounds be Allowed & Rlfif,Kthe 

Paid out of the publick Treasury, to the Hon*"'* And' Belcher Esq"' Com- councJi, ix., 
missary Generall, for his good Service in the s*^ Office, the year past, Archives^ 
ending the nineteenth. Day of August last. \_Passed November 10. ccci, ^-i. ' 



CHAPTER 135. 

RESOLVE ALLOWING £.20, TO M« JN" WHITE CLERK. Legislative 

Records of the 
Council, ix.. 

Resolved That the Sum of Twenty Pounds be further Allowed 1"L Mass. 

& Paid out of the publick Treasury, to John White Clerk of this House, cccl.^Js^^' 
for his Service in the year currant. \_Passed November 10. ^?ue,chap.32. 



CHAPTER 136. 

RESOLVE ALLOWING £.20, TO M" JN^ COLEMAN. Legislative 

Records of the 
Council, ix.. 

Resolved That the Sum of Twenty Pounds be allowed & Paid, out of ni- Mass. 
the publick Treasury to M" John Colman in full for his Service, in the ixxi.,'s65.' 
Outsett, of the late intended Expedition to Canada. \_Passed Novem- Ante chap 38 
berlO. 



CHAPTER 137. 



RESOLVE ALLOWING £.15, TO M^ JA. PEMBERTON. 



Resolved That the Sum of Fifteen Pounds be allowed, & Paid, out Legislative 
of the Publick Treasury, to M' James _Pemberton, in full for his ex- coundUx.?^ 
traordinary Service in assisting the Comissary Generall, in forwarding ni- Mass. ' 
the late Exped" intended to Canada. \_Passed November 10. ixxi-.^sel' 



CHAPTER 138. 

ORDER IN REGARD TO BRICKS. > 

On Consideration of the great Quantity of Bricks that are now Legislative 
demanded for Rebuilding the Places laid wast in Boston by the late council^ ?x ^"^^ 
Fire, And the Firmness of Buildings very much depends on the Good- ni. 
ness of Materials Mass. 

It is declared &. Ordered,"^ That Clay that is for the Making of ^q?'"'''''^' """■* 
Bricks shall be digged before the tenth of December yearly, And shall 

» Printed in the note to the Act of March 20, 1711-12, Province Laws, i., 686; reprinted 
here, as important. 

» In Mass. Archives, lix., 250, the action is introduced by the words, "It is Declared 
and Enacted by this Court and the Authority thereof," as of an Act of the legislature. 



218 Province 'LA^ys (Hesolves, etc.). — 1711-12. [Chaps. 139-142.] 

be turned over in the Month of February or March next coining at 
least twenty Days before it be wrought ; 

And no Person shall temper his Clay with Salt or brackish Water ; 

And the Size of Bricks shall be nine Inches long, & two Inches & 
Half an Inch thick, & four Inches & an Half broad when burnt ; And 
all Moulds to be used for the Making of Bricks shall be made accord- 
ing to these Sizes & well shod with Iron so that the Bricks when burned 
shall hold out the Measure prescribed ; 

And whosoever shall make Bricks for Sale contrary to this Order 
in any Respect ; He or they shall forfeit the one Half of such Bricks to 
the Use of the Treasury of the Town where they are made. [Passed 
Nouembtr 10. 



CHAPTER 139. 



ORDER THAT W^ HOLLAND BE SENT TO G^ BRITTAIN. 



Legislative 
Hecords o£ the 
Council, ix., 
172. Mass. 
Archives, 
lxxi.,863. 



Ordered That William Holland a Captive lately Return'd from Qve- 
beck be Procured to Go to Great-Britain, in the Adventure Man of 
War, to give Information, of the state of the Enemy, and That a rea- 
sonable allowance, for his time, & Charge be allowed to him out of the 
publick Treasury. \_Passed November 10. 



CHAPTER 140 



RESOLVE FOR ALLOW^e TO BENJ^ JOHNS FOR THE USE OF HIS HOUSE. 



Legislative 
Records of the 
Council, ix., 
172. Mass. 
Archives, 
xlviii., 426. 



Resolved That the Sum of Forty Pounds, be Allowed, out of the 
publick Treasury to M"" Benj* Johns, for the use this Court make's 
of his House, in a Year, beginning the 17"" Octo'' last (if they improve 
it So long ) Fifteen Pounds thereof to be now drawn out of the Treas- 
ury, the Remainder as this Court Shall order. \_Passed November 10. 



CHAPTER 141. 



VOTE ALLOWING MIDDLESEX COUNTY TREAS^s ACC^. 



Legislative 
Records of the 
Council, ix., 
172. 



The Accompt of the County Treasurer for Middlesex for the County 
Rate made in the Year 1710 : And the Payments thereout Allowed by 
y'^ House of Representatives ; Read & Concur'd. [^Passed November 10. 



CHAPTER 142. 

VOTE ON THE REPORT OF THE COMM^ee fOR REBUILDING OF THE 

TOWN HOUSE. 



Recor'ds'of the REPORT of the Committee appointed the 22*^ of October past to con- 

Couiuii, ix., sider of the Representation & Address of the Select Men of Boston for 

Archives?" Rebuilding a House for Publick Meetings on Civil Occasions for the 

cxiii., 618. 



Use of the Province County & Town ; Viz, 



[5th Sess.] Fiiovmcn Jjaws (Besolves^ etc.). — 1711-12. 219 

The aboue Committee Advise that there be a House built in or Near pos^ chap. les. 
the place where the Old Town House Stood for the Uses mentioned in ii?,^3ii. ^ ""^' 
the Memorial as Convenient as may be without incommoding the Street 
[The Breadth not to Exceede thirty Six feet the Length So as to be 
Convenient for the ends Mentioned in the Addresse that a Committee 
be Appointed by this Court to Take Care for the building as Speedily 
& prudently as may be] The Charge thereof to be bo[r]n the one half 
by the Province, the other half by the Town of Boston & County of 
Suffolk in equal Proportion 

By order of Major part of the Committee 

Elisha Hutchinson. 
In the House of Representatives. 
Read & Accepted.^ 

In Council Read & Concurred 
And that Elisha Hutchinson And Penn Townsend Esqrs with Such 
as shall be named by the Representatives be a Committee for the affair. 
The Committee to Advise with his Excy & Such Skill full Gentlemen 
as they may think fitt to be consulted with about the Model of the 
House. 

In the House of Representatives 
Read & Concurred And Addington Davenport Samll Thaxter 

Esqrs & Capt Phipps be named for the affair with libertie to the Town 
of Boston to Joine Two Persons More. \^Passed November 10. 



After inserting the words in brackets. 



220 



Province 1ja^\s> {Resolves, etc.) . — 1711-12. [Chaps. 143, 144.] 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twelfth Day of March, AD. 171 1. 



CHAPTER 143. 



Legislative 
Records of the 
Council, ix., 
175. 

Ante, chap. 35. 
Mass. 
Archives, 
ccxliv., 98. 
Executive 
Records of the 
Council, v., 5'iJ4. 



VOTE ACCEPTING THE REPORT ON Y"^ COMMISSARY GEN^-s ACC^s. 

The following Report of the Committee or Audit upon the Ac- 
compts of Andrew Belcher Escf Commissary Gen" Read & Accepted 
in Council, and Concurred by the Representatives ; Viz, 

We the Subscribers being appointed by his Excellency the Govern' 
& Council to audit the Accompts above & in the foregoing Pages, In 
Obedience to the said Order have examined the said Accompts & seen 
the sev" Vouchers relating thereto & find That Andrew Belcher Esq' 
has disbursed for her Majesties Service the Sum of Twelve Thousand 
Eight Hundred eighty six Pounds, ten Shillings & two Pence, includ- 
ing the former Ball* And that he hath rec** of the Treas' &c Eleven 
Thousand, two Hundred seventy four Pounds eleven Shillings & three 
Pence, And that on the eighteenth Day of Eebruary 17|-J There was 
due from the Province to the said Andrew Belcher the Sum of One 
Thousand six Hundred & eleven Pounds, Eighteen Shillings & Eleven 
Pence : 

(Sign'd) Penn Townsend Jn'^ Clark Add : Davenport Tho : Fitch> 
Tho Hutchinson, Comm'*^^ 

Boston March 11. ll\^. \_Passed March 14. 



CHAPTER 144. 



Legislative 
Records of the 
Council, ix., 
176. Mass. 
Archives, 
Ixxii., 2. 

Legislative 
Records of the 
Council, ix., 
178. Mass. 
Archives, 
cxxii., 405. 



RESOLVE ALLOWING £.3„16, TO DANIEL CLARK. 

Upon reading a Petition of Daniel Clark of Topsfield, Praying to 
be reimbursed the Sum of Three Pounds & six Shillings,^ expended on 
the Sickness & Funeral of his Son Elisha Clark, a Soldier in the late 
designed Expedition to Canada & return'd home sick, of w'''' Sickness 
he died. 

Resolved That the Sum of Three Pounds «fe Sixteen Shillings be 
Allowed, & Paid out of the Publick Treasury to Daniel Clark the Peti- 
tioner, to Discharge the above account. \_PaHsed March 14. 

1 The sum asked for in the petition is three pounds, six shillings, as the secretary here 
states. With this agrees the State Library copy, Legislative Records of the Council, ix., 
L53. The resolve, it will be seen, allows three jjounds, xixtcoi shillings; and so the sum 
appears in Legislative Records of the Council, ix., 1Y8 (another record of the resolve of the 
text sM/jra), in lixccutive Records of the Council, v., 530, and in Mass. Archives, cxxii., 
405, where the payment is recorded. 



[6th Sess.] Pkovince Laws {Resolves, etc.). — 1711-12. 221 



CHAPTER 145. 

ORDER APPOINTING A COMMITTEE ON COLL. VETCH'S LETT» REFERRING 
TO YK VICTUALLING OF TWO FOOT COMP^« SENT TO ANNAPOLIS. 

His Excellency communicated a Letter from the Hon''^® Samuel ^for!fs**^®tu 
Vetch Esq' Relating to the Victualling the two Foot Companies of this Council, ix., 
Province sent to Annapolis Royal in the Summer past; [viz.] Archhfes^ii. 

I Accquainted your Excellency some time agoe of a debt dew by 23o. 
your Government to her Majestys Agent for the Garison of Annapolis 
Royall, for victualling the two Companys of Country troops sent to 
the sd Garison under the Command of Capts : Brown and Lyon, during 
their abode in the sd Garison, their having bein no Charge ever made 
to the Crown of it Generals, Hill, and Nicolson, having told me that 
the}' being a part, of thiss Governments quota ; would be victualed and 
payd by them, during the Expedition I accordingly directed the Agent, 
for the Garison ; to waite upon the Commissary, of thiss province, in 
order to setle the acct : of victualling the above sd two Companys, 
who told him ; he Could doe nothing in the matter, without your Ex- 
cellencys, and the Generall Assemblys, directions ; about the same : 
understanding that the house is now sitting I have Given your Excel- 
lency the trouble of thiss Line to pray the Necesarry directions may be 
Given to Mr Commisary Generall to Adjust the same with our Agent : 
as soon as may be because I hope to be CToing to the Garison in a 
verry Litle time I am with all dew Regard your Excellencys 

most humble servt : 
Boston March: 14: 17|| Sam: Vetch 

In Council. 

Upon Reading the within Letter. 

Ordered That Andrew Belcher and John Otis Esq" with such as shall 
be named by the Representatives, Be a Committee to Confer w"" the 
Hon''^'^ Cop Vetch upon the Subject matter thereof. And to Report 
thereupon. 

In the House of Representatives. 

Read, & Concurr'd, & Capt : Tho' Hutchinson, Maj"" Sam" Thaxter 
<fe Capt : Simon Davis are Appointed to Joine in the aff^ \_Passed 
March 14. 



CHAPTER 146. 

ORDER IMPOWERING SAM"- BAILEY TO SELL LAND. 

Upon reading the Petition of Samuel Bailey of Boston Sail-Maker Legislative 
who intermarried with one of the Daughters of John Smith some Time councif ix '^^ 
of Dorchester Malster Dec** Administrator cum Testamento annexe i"- Mass. ' 
de Bonis non administratis of his Estate ; Praying to be impowered xvfi.,^299.' 
to make Sale of One Hundred & twent}^ Acres of Land belonging to ^„fe,ciiap. 108. 
the said Estate lying in Dorchester New Grant estimated at Three Mass. 
Shillings per Acre, towards reimbursing him the Sum of Twenty nine xvii., soo.'soi. 
Pounds six Shillings by him advanced & expended for the Support Rlfoflso^the 
Nursing Sickness Sc Funeral Charges of the Relict AVidow of the said Council, ix., 
John Smith, who survived him many Years & to pass good & sufficient ^^'^' 
Deeds for the same ; The other Children of the Dec** being noti- 

fied of this Petition &, allowed a Hearing thereupon, but not attending 
the same ; 



222 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 147-149.] 



Ordered., That the Pef be Impowred to make Sale of the Land of 
y® dece"^ as petitioned for to pay off the Debts for Disbursuients and 
charges in the Support, Sickness and funeral of his Widow. 

The Accompts thereof to be Adjusted and Allowed by the Judge of 
Probate. [^Passed March 14. 



CHAPTER 147. 

ORDER REVIVING A SUIT IN THE SUPERIOR COURT, ON PETITION OF 

NATH^L EAST &c. 



Legislative 
Records of the 
Council, ix., 
176. Mass. 
Archives, xl., 
958. 



Upon reading a Petition of Daniel & Mercy Blin, Mary East, Mar- 
garet East & Nath" East Children & Heirs of Mercy East late of Bos- 
ton Dec** to revive & bring forward an Appeal lately depending in the 
Superiour Court upon a special Verdict found in a Case wherein Jere- 
miah Tay (since Dead) (who intermarried with Mercy Woodward Niece 
or Kinswoman of y*" s*^ Mercy East Dec*^) was Appellant & the Peti- 
tioners said Mother Appellee, refering to the Moiety or Half Part of a 
certain House & Land scituate in Boston, and the said Cause discon- 
tinued or dismiss'd before Judgement given by Reason of the Parties 
Death : 

Ordered That the Justices of the Superiour Court in their next Court 
to be holden for and within the County of Suffolk assume the Con- 
sideration of the Special Verdict within mentioned, and give Judge- 
ment thereon. And that the Pet" and the Widow of Jeremiah Tay dece^ 
in whose right he held the said Land stand before the said Court in the 
same Capacity as the persons dece*^ respectivly did. And that the Pet" 
cause y* s'^ Widow Tay to be Served with a Copy of this Order Four- 
teen day's before the Sitting of the said Court. [^Passed March 18. 



Legislative 
Records of the 
Council, ix., 
176. Mass. 
Archives, 
cxiii., 593. 

Ante, chap. 10. 
Mass. 
Archives, 
cxiii., 592-595. 



CHAPTER 148. 

MILTON ADDITION OF LAND TO THEIR TOWNSHIP. [Passed March 18. 

\_Printed with resolves, orders, etc., '•'•granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 149. 



ORDER IMPOWERING ELIZ^ LOWLE TO SELL LAND. 



Legislative 
Records of the 
Council, ix., 
177. Mass. 
Archives, 
xvii., 295. 

Mass. 
Archives, 
xvli., 296. 



Upon reading the Petition of Elisabeth Lowle, Relict Widow & 
Administratrix of the Instate of Ebenezer Lowle late of Boston Cord- 
wainer Dec*^ Intestate, Setting forth that the said Estate is indebted 
upwards of Three Hundred Pounds And there is not sufficient per- 
sonal Estate to discharge the same ; Praying to be impowered to make 
Sale of Part of the Real Estate to enable her to pay the Debts of the 
Dec*^ Viz, a certain Messuage or Tenement with the Out-Houses & 
Land thereto belonging scituate at the Southerly End of the said Town 
of Boston in the present Tenure & Occupation of Abraham Blish & 
Michael Shaller having now an Opportunity therefore ; 



[6th Sess.] Province Laws (Jiesolves, etc.). — 1711-12. 223 

Ordered That the Prayer of the Petition be Granted and the Peti- 
tioner be Inipowred to make Sale of the Housing & Land within men- 
tioned accordingly, and to pass a good &, Sutlicient Deed in the Law 
for the same. She to Accompt with the Judge of Probate for the pro- 
ceeds thereof. [_Passed March 18. 



CHAPTER 150. 

VOTE REFERRING TO THE GENERAL SESSIONS OF THE PEACE THE 
PETITION OF CERTAIN INHABITANTS OF SALISBURY COMPL'' ABOUT 
MOVING THE SCHOOL, AND SUSPENDING PROCEEDINGS. 

A Petition of sev" of the Inhabit'^ of Salisbury complaining of a dis- Legislative 
orderly & clandestine Meeting of the luhab'^ of said Town and a Vote c^un^i'x.r'' 
then pass'd for the Erecting a School House about three Miles distant lio. Mass. ' 
from the Place where the School has formerly been kept, and of the 393^ '^*^''' ^^" 



Illegality of the said Vote ; jjagg 

Read and Referr'd to the Court of General Sessions of the Peace Archives, xi., 
within the County, to Inquire into the Complaint Avithinmentioned, 
and to send for some of the principal persons concern'd therein and 
to do what to Law and Justice appertaineth And that all proceedings 
referring to the School-house be Suspended until the matter have been 
heard by y* s** Court. [Passed! March 18. 



CHAPTER 151. 

ORDER GRANTING SAMJ-i- GREENWOODS PETITION TO PURCHASE THE 
SHARE OF HIS TWO KINSFOLK IN LANDS. 

Upon reading a Petition of Samuel Greenwood, Setting forth That Legislative 
Nath" & Mary Henchman, Children of his Sister Anna Henchman Dec** counciux.! ^ 
late Wife of Nath" Henchman of Boston Mech' being Minors within Age, ^^chwi^xiv 
in Right of their said Mother, are entituled to about two Twelfth Parts 401. 
& Interest of & in a small strip & Nook of Laud iutermix'd with the Mass. 
Petitioners, descended from his Father Nath" Greenwood Dec*^ scituate ^2*^403^®'^*^"' 
at the Northerly End of Boston & uncapable of being divided or sett 
off to any Advantage of Building or Improvement without Prejudice 
to the whole, & produces no Profit or Income to them nor the other 
Ten Parts to the Petitioner as it at present lies. And the said Minors 
not being capable to dispose of the same, W*''' would be for their Ad- 
vantage, whereof their Father is sensible & consenting to, Praying that 
their said Father or some other Person as shall be appointed as their 
Guardian may be irapowered to sell their Right therein to the Peti- 
tioner at a certain Price or otherwise that the said Land may be ap- 
prized by a Jury of indifferent Men upon their Oaths & be assigned 
to the Petitioner as the eldest Son, he to pay the Value of the Minors 
Parts to their Guardian or them selves as they come of Age. 

Ordered That the Prayer of the Petition be Granted, And that the 
Sheriffe of the County of Suffolk do Impannel a Jury of twelve good 
& Lawful men, Freeholders in Boston to be Sworn before a Justice 
of Peace, to Inquire of the Value of the Land mentioned in the Peti- 
tion And that the parts and Interest belonging to the s*^ two Minors 
be Vested in the Petitioner and his heires ; He paying for the same to 
the S"^ Minors or their Guardian their ratable parts of the Value thereof, 
according to the Apprizment. [_Passed March 18. 



22J: 



Province Ijkwb, {Resolves, etc.) . — 1711-12. [Chaps. 152-155.] 



CHAPTER 152. 



Legislative ORD« FOR STATING THE BOUND LINE BETWEEN THE COUNTY OF SUF- 
€oSne*iUx., FOLK THE COUNTY OF PLIMo & BRISTOL. [Passed March 18. 

181. Mass. 

Arc ives, 111., \_Printed ivitli resolves, orders, etc., '■'• granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 153. 



ORDER ALLOWING M^ SAM}-^ HUNT £.20. 



Legislative 
Records of tlie 
Council, ix., 
181. Mass. 
Arctiives, xi., 
402. 



Upon the Petition of M"" Samuel Hunt Minister of Dartmouth ; ^ 
Resolved That the Prayer of the above Petition be granted, & That 
the Sum of Twenty Pounds be allowed & Paid out of the Publick 
Treasury, to M^ Samuel Hunt, for the year past. \_Passed March 18. 



CHAPTER 154 



ORDER ACCEPTING MATTAKESET COMMTee REPORT. [Passed March 19. 



Legislative 
Tlecords of the 
Council, ix., 

Archi^ves^^' {^Printed with resolves, orders, etc., ^'•granting lands, establishing pre- 

■ cxiii., 635. cincts and parishes, and determining territorial boundaries. ^''\ 
.<ln<e, chap. 127. 



CHAPTER 155 



ORDER FOR EMITTING £.12000, IN BILLS OF CREDIT, AND FOR CREAT- 
ING A FUND AS SECURITY." 



Refords of the Resolved That the Sum of Seven Thousand Pounds, of Bills of Pub- 
Couucii, ix., lick Credit, on this Province be further, & forthwith made, by the Coiii- 
ArchiveB,^ci., ittee last appointed to make Such Bills. & upon the Same Plates, with 

tl*^^ the Bills ordered to be made the last Session, who Shall be paid for 

^nfe, chap. 106. their making them, in the Same Proportion, as for the last they made, 
for the Province. 

That the S'' Committee Deliver the S*^ Sum of Seven Thousand 
Pounds, to the Treasurer, Taking his Receipt for the Same. 

And the Treasurer is hereby Directed & Impowered to Issue forth, 
& Emit, the S'' Sum of Seven Thousand Pounds, together with the Sum 
of Five Thousand Pounds more, of the Bills, of Publick Credit, that are 
or Shall be received into the Treasury, towards Payment of the Publick 
Debts of the Province already contracted, & the further growing charge, 
for the Defence thereof, for Supplying, & Subsisting, of the Province- 
Galley, & Sloop, Forts. Garrisons, & Forces, Raised & to be Raised, & 
imploied within the same, & wages arising for their Service, towards 

' The petition recited " That the Inhahitants of s'' Town are very few (but sixteen 
families) and being very poor for the most part are not Able to allow more than Thirty 
pounds P annum towards the support of the ministry .amongst them." 

'' Printed in the notes to the Acts for the year 17li-12, Province Laws, i.,687; reprinted 
here, as important. 



[Gth Sess.] Province Laws {Resolves, etc.). — 1711-12. 225 

defreyiug the charge, of the late intended Expedition to Canada (be- 
longing to this Province) for Payment of Grants, Salaries, &, Allow- 
ances, made & to be made, by this Court, according to Such Draughts, 
as from time, to time. Shall be made upon him, by warrant or order 
of the Governour, by & with the advice & Consent of the Council, 
and the S** Bills, Shall Passe out of the Treasury at the value therein 
expressed, eqvivalent to money, & Shall be Taken, & accepted, in all 
Publick Payments, at the Advance, and after the Rate of five Pounds . 
^ cent : more. 

And That the Duties, of Impost, & Excise, Shall be a Fund, & Secu- 
rity, for the Repayment, & Drawing in of the s'' Bills, to the Treasury 
again. So far as that will Reach. 

And as a further Fund & Security for the Same, for the Paying of 
Souldiers wages, & for Defreying of the further necessary growing 
charge, of the Province, the Defence of Her Majesty's Subjects, &, 
Interests within the Same, & Support of the Government thereof, 
There be, & hereby is granted, unto Her most Excellent Majesty 
to the ends, & Uses aforesaid, a Tax of Twelve Thousand Pounds. 
Six Thousand Pounds thereof to be levied on Polls, & Estates, both 
reall & personall within this Province, according to Such Rules and 
in Such Proportion upon the Severall Towns & Districts within the 
Same, as Shall be agreed on, & ordered by the Great, &, Generall 
Court, or Assembly of this Province at their Session, in May 1716. 
the remaining Six Thousand Pounds thereof, at their Session in May 
1717. To be paid in to the Treasurer, Six Thousand Pounds thereof, 
on or before the last day of May 1717, & the remaining Six Thousand 
Pounds, on or before the last day of Nov'' 1717. \_Passed March 19. 



CHAPTER 156. 

RESOLVE ALLOWING THO: CLARK £.8,, 8. 

Upon reading the Petition of Thomas Clark of Woburn, Prating Legislative 
that he may be reimbursed his Charges of Nursing Diet Doctor & Nee- councif ix.*^^ 
§ssaries in the Time of his Sickness whilst in her Majesties Service. iss. Mass.' 

Resolved That the Sum of Eight Pounds and eight Shillings be ixx^i./vw.' 
allowed & Paid out of the Publick Treasury to Thom' Clark, the 
Petitioner, to Defray the Charge of his nursing. Diet, Doctor, & nec- 
essaries, in the time of his Sicknesse, and for his Losse of Time. 
\_Passed March 19. 



CHAPTER 157. 

RESOLVE ALLOWING JN" LEVERET ESQ« £.42. 

Resolved That there be Allowed and Paid out of the Publick Treas- Legislative 
ury to the Hon'"'= John Leveret Esq' for the use of his Island in enter- J^^°'^f ?* *^^ 
taining Sick Souldiers, & Sailers, three years past. Thirt}' Pounds. i83. Mass.' 
besides six Pounds already paid him Seven Pounds for the Damage in j^^^h.^I.^' 
cutting of the Trees. ' . Jj^^^^ 

And Five Pounds ; for the Damage by Digging of Graves & burying Archives, 
a considerable number in the S'' Island. The whole Forty two Pounds. ^^-'^"•> ^' ^'^• 
\_Passed March 19. 



226 



Province Laws {Resolves, etc.), — 1711-12. [Chaps. 158-161.] 



Legislative 
Records of the 
Council, ix., 
183. 



CHAPTER 158. 

VOTE ALLOWING £.24„6,, 1, TO Y^ OVERSEERS OF Y^ POOR IN BOSTON. 

[Upon reading] An Accompt presented by Mess" John Euck, Grove 
Hirst, Habijah Savage &c Overseers of the Poor in the Town of Bos- 
ton of Disbursements for the Support of Priscilla Smart amounting to 
Twenty four Pounds six Shillings & one Penny ; 

Voted That the Sum of Twenty four Pounds six Shillings & one 
Penny be allowed & paid out of the Publick Treasury to the Overseers 
of the Poor in the Town of Boston to discharge the above Accompt. 
\_Passed March 19. 



CHAPTER 159 



RESOLVE ALLOWING JN" MAYO £.3. 



Legislative 
Records of 
Council, ix, 
li?3. Mass. 
Archives, 
Ixxi., 854. 



the 



Upon reading the Petition of M'' John Mayo, Representative foi- 
Harwich ; Praying for some Recompence to be made to Benjamin 
Freeman, Beuoui Gray & John Tucker, three Soldiers imprest in her 
Majesties Service from the Town of Harwich in the Year One Thou- 
sand seven Hundred & three, and put on Board the Province Galley 
their Arms being lodged by Order of the Captain with the Gun Smith, 
W^*^ can not since be found : 

Resolved That the Sum of Three Pounds be Allowed & Paid out of 
the Publick Treasury to John Mayo the Petitioner, for the Use of the 
s** Freeman, Gray, & Tucker viz' Twenty Shillings for each of them. 
in full for their Losse of Arms abovementioued. [^Passed March 19. 



Legislative 
Records of the 
Council, ix., 
184. Mass. 
Archives, 
Ixiii., 219. 



CHAPTER 160. 

ORDER ALLOWING NATH^-^ CAREY &c £.732,, 8„ 7, OF THE LOAN. 

Upon reading a Petition of Cpt. Nath" Carey, Cpt. Charles Cham- 
bers & M"" Sam" Greenwood, Setting forth that they together with 
Major Thomas Fitch & M"" Oliver Noyes were appointed a Committee 
to provide sundry Stores &c : for the Train of Artillery in the late 
Expedition to Canada & in Managing that Affair were in Advance 
Seven Hundred & thirty two Pounds eight Shillings & seven Pence, 
Praying to be entituled to so much of the Loan upon giving such Secu- 
rity as is required therefore : 

Ordered That the Prayer of the within Petition be Granted. {^Passed 
March 19. 



CHAPTER 161. 



Legislative 
Records of the 
Council, ix., 
184. Mass. 
Archives, 
ccxliv., 98. 



ORDER ABATING £.46,, 3„ 4, TO PEL. WHITTAMORE SUB-COMMISSK'. 

[Upon reading] An Accompt of Peletiah Whitamore Sub-Commis- 
sary of sundry Publick Stores sent to Newichawonock by his Excel- 
lencies Order in the Year One Thousand seven Hundred & three & 
sent into the Woods after the Army in their March to Pickwocket & 



[6th Sess.] Province Laws {Resolves, etc.). — 1711-12. 227 

distributed among the several Companies, No Accompt thereof being Executive 
kept nor can be obtained amounting to the Sum of Forty six Pounds, councif,v.,442. 
thx'ee Shillings & four Pence. 

Ordered That the Comissary Generall allow the accomptant Whitte- 
more credit for the within mentioned Sum, of Forty Six pounds, three 
shillings, & four pence, in Adjusting accompts with him. [Passed 
March 19. 



CHAPTEE 162. »r»the 

Council, i.\., 
185. Mass. 
ORDER OF HEARING IN REGARD TO THE BOUNDS OF ANDOVER NORTH Archives, xi., 

PRECINCT. [Passed March 20. ^^ 

^n<e, chap. 123. 

\_Printed with resolves., orders, etc., ^'-granting lands, establishing pTe- Archives, xi., 
cincts and panshes, and determining territorial boundaries."^ 395-401. 



CHAPTEE 163. SS.'?*, 

Council, ix., 



ORDER ADJOURNING KITTERY HEARING. 



185. 



Ante, chap. 79. 
Mass. 



Ordered that the Hearing appointed to be at this Session betwixt i^/^^^J^l'. ^*' 
the Inhab'^ of the lower & upper Parts of the Town of Kittery be tive Records of 
adjourned to the Second Wednesday of the Session of this Court in [^^ foo'-ivr're 
May next. \_Passed March 20. 



CHAPTEE 164. 

RESOLVE ALLOWING 20/, TO CPT. THO. HOW. 

Upon a Remonstrance of Cpt. Thomas How of Marlboro, That one Legislative 
Elisha Ward an Express from Marlboro to Hatfield in August 1709. coundf, ix.!^^ 
was way laid & killed by the Enemy &. his Gun lost ; i85. Mass. ' 

Resolved That the sum of Twenty shillings be allowed & Paid out ixxii., 7.' 
of the Publick Treasury to Cap* Thom^ How. to Pay for the Gun above- 
mentioned. \_Passed March 20. 



CHAPTEE 165. 

ORDER OF HEARING FOR WATERTOWN INHAB^s. 

Upon reading a Petition of several of the Inhabitants within the Legislative 
Easterly Precinct in AVatertown complaining of an undue & illegal councif I'x ^^'^ 
Assessm* made & distrained upon them Praying to be heard there- I86. 
upon ; 

Ordered that the Prayer of the Petition be granted & that there be a 
Hearing on the second Wednesday of the next Session of this Court, 
And that the Petitioners cause Jonas Bond Escf one of her Majesties 
Justices of the Peace residing in Watertown to be sei'ved w"" a Copy 
of this Petition by him to be made publick. [^Passed March 20. 



228 



Province Laws {Resolves, etc.). — 1711-12. [Chaps. 166-169.] 



CHAPTEK 166. 



Legislative 
Records of 
Council, ix. 
186. Mass. 
Archives, 
Ixxii., 3. 



the 



RESOLVE ALLOWING £.9„7, TO JOS: SMITH. 

Upon reading a Petition of Joseph Smith of Sudbury a Soldier in 
the late designed Expedition to Canada taken sick in the Service 
brought on Shoar so, and continued sick seven Weeks or upwards ; 
Praying Consideration for his P^xpence and Charges ; 

Resolved That the Sum of nine Pounds seven Shillings, be allowed 
&, Paid, out of the publick Treasury, to Joseph Smith the Petitioner, 
to Defray the charge of his Sicknesse, that is to Say Eight Pounds in 
full of Docf Tompsons Bill. Seventeen shillings Docto'^ Boylstones & 
ten Shillings for John Smith's. \_Passed March 21, 



CHAPTER 167. 



VOTE IN REGARD TO W^' ROUSE'S CASE AG^-" CPT. CAMPBEL. 



Legislative 
Records of the 
Council, ix., 
186. Mass. 
Archives, 
Ixiii., 216. 

Mass. 

Archives, li., 
225 Ms. Prov- 
ince Laws, vi., 
65. No. 23040, 
Middlesex In- 
ferior Court of 
Common Pleas, 
Files, 1712. 
Records of 
Middlesex In- 
ferior Court of 
Common Pleas, 
i., 172, 173. 



Upon reading the within Petition of William Rous Command' of the 
Ship cal'd the King of Spain, Complaining of an Imparlance Granted 
by Her Ma'^* Justices of the Inferiour Court of Common Pleas held at 
Charlestown upon Tuesday the. 11"' of March currant, of an Action by 
him there commenced against Captain Campbell Commander of Her 
Ma'y* Ship Squirrell, unto the next Inferiour Court to be holdeu at Con- 
cord ; The s*^ Inferiour Court held at Charlestown being since continued 
upon an Adjournm' to the first Wednesday in April next, and the Jury 
also continued, then to attend. 

And the said Cause being between party's of the Sea. and not likely 
to remain here to the coming of Concord Court, and that being an 
Inland part. 

The Justices of the said Inferiour Court are hereby Advised to bring 
forward the Tryal of the said Cause at their Sitting by Adjournm' in 
April next, the removing it to Concord Court notwithstanding. And to 
Direct the Clerk of the Court forthwith to Notify the party's thereof 
by a Letter. [^Passed March 21. 



Legislative 
Records of the 
Council, ix., 
187. Mass. 
A rchives, 
xlviii., 425. 

Ante, chap. 142. 



CHAPTER 168. 

ORDER IN REGARD TO THE LENGTH OF Y^ COURT HOUSE. 

Ordered That It be an Instruction to the Committee appointed to 
Build the Court House or Exchange in Boston, That It be not more 
than one Hundred, & twelue, nor lesse than one Hundred & ten Feet 
in length. \_Passed March 21. 



CHAPTER 169 



ORDER OF ADJOURNM'' OF HEARINGS. 



Recordso?the Ordered that the Hearings that had Day to this Session, & have not 
Council, ix., been attended be continued to y*" second Wednesday of y*" next May 
Court. [^Passed March 21. 



18 



Ante, chaji. 48. 



[6tii Sess.] Province Laws {Resolves, e^c). — 1711-12. 229 



CHAPTER 170. 

RESOLVE ALLOWING SAM''- MAXWELL £.8,, 4. 
ResolvedThai the Sum of Eiajht Pounds four Shillings be Allowed, ^^sisiative 

„ _, . - /. , i~, 1 1 • 1 rm o ITT i\^ /^ 1 • 4 • i Records of the 

& Paid out of the Publick Ireasury to Samuel Maxwell, for his Assist- Council, ix., 
ing his Father M' James Maxwell, in the Sessions of this Court, Since ^rHiives^^' 
June last, as Doorkeeper, to his Excellency the Govera' & this Court. cc<-i., 78. ' 



\_Passed March 21. ^n<e,chiip.34. 



CHAPTER 171. 

VOTE AUTHORIZING AN ADVANCE TO MAJ« FITCH &c OF PART OF THE 

LOAN. 

Voted That the Coriiittee Appointed be Directed & Impowered, to Legislative 
Advance out of the Loan money to Maj" Tho' Fitch, the Sum of one ^ourK*ir ix *^^ 
Thousand Pounds to Capt : Tho" Hutchinson Five Hundred Pounds, i88. Mass. ' 
& to Capt : Oliuer Noyes Three Hundred Pounds & to Capt : Nathan" f^rchives, ci., 
Marston Three Hundred Pounds upon their Giving good security as ^„<e chap. 69. 
in that Case Directed. [^Passed March 21. 



CHAPTER 172. 

ORDER FOR TRANSMITTING ACC« OF SNOW SHOOES &c TO THE GOVERN". 

Whereas this Court at their Session in October last past Legislative 

Ordered That all the Souldiers within the several Towns and Dis- council, ix., 
tricts therein Enumerated appointed to be provided of Snow Shoes, ^rchi'^-e^*' 
shall, for their Encouragment, be paid by the Province Seven Shil- ixxii.. i-2.' 
lings Each for the first cost of their Snow Shoes and Mogginsons, and ^n<e, chap. 130. 
two Shillings ^ year every year afterward during the War 

It is further Ordered by this Court That the several Captains or 
Commanding Officers of the respective Companys and Troops named 
in the aforesaid order Do return a fair List under their hands of the 
Names of the persons so appointed and fitted with Snow Shoes and 
Mogginsons to the Colond or Chief Officer of the Regiment at or before 
the first day of May next, who shall Examin the same and transmit 
'em to the Governour, That Warrants may be made out upon the Treas- 
ury to pay to Each Captain or Commanding Officer of the several Com- 
panys and Troops So much as shall thereby appear to be due to his 
Company or Troop accordingly. \_Passed March 21. 

Legislative 

• Records of the 

Council, ix., 
188. Mass. 

CHAPTER 173. ilc^xviiT; 357. 



Mass. 
RESOLVE ALLOWING £.50, TO JN" CAMPBEL POST-MASTER. bcx^xvln%49, 

355; ccxliv., 

Resolved That the Sum of Fifty Pounds be Allowed & Paid out lJ^^i'S 
of the Publick Treasury to M' John Campbel Post master in full for Ri-cords of the 
Postage of Publick Letters for this Province, to the 10"' curr'. [Passed 4.^"'^x.' i46.'' 

March 21 Executive 

juurcii ^1 . Records of the 

Council, v., 44.5. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1712-13. 



[2311 



LEGISLATIVE LIST^ 



171 2-13 



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 Laiids ivithin the Territory formerly called 
the Colony of the Massachusetts Bay; 



Wait Winthrop 
John Hathorne 
Elisha Hutchinson 
Samuel Sewall 
Isaac Addington 
William Brown 
John Phillips 
Jonathan Corwin 
Peter Sergeant 



Penn Townsend 
John Appleton 
John Higginson 
Andrew Belcher 
EsQRS. Samuel Patridge 

Edward Bromfield 
Ephraim Hunt 
Daniel Eppes 
Thomas Noyes 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly called 
the Colony of New Plimouth; 

Nathaniel Payne ) John Cushing 

Isaac AVinslow ^ j Q • John Otis 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands ivithin the Territory formerly called 
the Province of Mayne; 

Eliakim Hutchinson, John Wheelwright & Ichabod Plaisted, Esqrs. 

Of the Inhabitants of or Proprietors of Lands ivithin the Territory lying between 
the River of Sagadahock & Nova Scotia; 

Joseph Lynde, Esq. 

For the Province, at large : — 
William' Tailer & Nathaniel Norden, Esqrs. 

> See Legislative Records of the Council, ix., 191-193. 
[233] 



234 Province Laws {Resolves, etc.). — 1712-13. [Representatives.] 



REPRESENTATIVES or DEPUTIES. 
Ma^J 28, 1712 to April 10, 1712-13. 



Mr. JOHN BURRILL, Speaker. 



County of Suffolk. 
. . John Clark, Esq., 

Addington Davenport, Esq. 
Capt. Thomas Hutchinson, 
Major Thomas Fitch. 

. Mr. William Denison. 

. Mr. Hopestill Clap. 

. Mr. Ephraim Tucker. 

. Capt. John Mills. 

. Mr. Stephen French. 

. Samuel Thaxter, Esq. 

. Capt. Daniel Fisher. 

. Capt. Samuel Barber. 

. Mr. Samuel Reed. 

. Mr. John Guilde. 

. Mr. Robert Cook. 

County of Essex. 
. Mr. Benjamin Lynde, 

Capt. William Bondage. 
Lynn, . . . John Burrill, Esq. 
Marblehead, . Mr. James Smith. 
Beverly, . . . Mr. John Balch. 
Wenhayn, . . Mr. John Porter. 
Ijiswich, . . . Samuel Appleton, Esq., 

Mr. Daniel Rindge. 
Olocester, . . Mr. James Parsons. 
Boivley, . . . Mr. Ezekiel Jewett. 
Andover, . . Capt. Benjamin Stevens. 
Haverhill, . . Mr. John Hasseltine. 
Boxford, . . . Capt. John Paybody. 
Bradford, . . Capt. Richard Kimball. 
Newbury, . . Mr. Cutting Noyes. 
Salisbury, . . Capt. Joseph Eaton. 
Amesbury, . . Mr. John Foot. 



Boston, . 



Roxbury, 

Dorchester, 

Milton, . 

Brantrey, 

Weymouth, 

Eingham, 

Dedham, 

Medfield, 

Mendon, . 

Wrentham, 

Needham, 



Salem, 



County of Middlesex. 



Cambridge,. 
Charlestown, 
Watertown, 
Woburn, . 
Beading, 
Maiden, . 
Concord, . 
Billerica, 
Chelmsford, 
Oroton, . 



. Thomas Oliver, Esq. 
. Capt. Samuel Phipps. 
. Mr. John Saunders. 
. Mr. John Pierce. 
. Mr. Timothy AVilley. 
. Mr. John Greenland. 
. Capt. Jonathan Prescott. 
. Mr. John Sternes. 
. Mr. Stephen Pierce. 
. Mr. John Farnsworth. 



County of 

Lancaster, 

Sudbury, 

Marlboro, 

Sherburn, 

Newton, . 

Medford, 

Framingham, . 



Middlesex — Concluded. 
Mr. John Houghton. 
Mr. Matthew Stone. 
Mr. Thomas Beaumont. 
Mr. Samuel Bullard. 
Mr. John Ward. 
Mr. Stephen Willis. 
Mr. Joshua Hemingway. 



County of Hampshire. 

Springfield, . John Pynchon, Esq. 
Northampton, . Joseph Parsons, Esq. 
Eadley, . . . Samuel Porter, Esq. 
Hatfield, . . . Mr. John Dickenson. 
Suffield, . . . Atherton Mather, Esq. 

County of York. 



York, . . . 


. Capt. Lewis Bane. 


Kittery, . . 


. Mr. Joseph Hammond. 


Wells, . . 


. Mr. Joseph Hill. 


Cou 


nty of Plimouth. 


Plimouth, . 


. Mr. Nathaniel Thomas 


Scituate, 


. Mr. John Barker. 


Duxboro, 


. Capt. Seth Arnold. 


Bridgewaier, 


. Mr. Edward Fobes. 


Pembroke, . 


. Mr. Josiah Barker. 



County of Barnstable. 

Barnstable, . . Mr. Daniel Parker. 
Sandwich, . . Mr. Eldad Tupper. 
Yarmouth, . . Mr. Peter Thacher. 
Harwich, . . Mr. Gershom Hall. 

County of Bristol. 

Bristol, . . . Capt. Simon Davis. 
Rehoboth, . . Mr. Noah Peck. 
Swanzey, . . Mr. John Thomas. 
Taunton, . . Mr. Robert Grossman. 
Dartmouth, . . Mr. Jonathan Delanne. 
Little Compton, Mr. William Southwell. 
Tiverton, . . Mr. Joseph Tillinghast. 
Attleboro, . . Capt. Joseph Brown. 

Dukes County. 
Edgar Toivn, ) ^^ j^^^^^^^^ ^^^^^^ 
Tisbury, . > 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-eighth Day of May, A.D. 17 12. 



CHAPTER 1. 

ORDER CREATING DIGHTON A NEW TOWN. [Passed May 30. 

\_Printed loith resolves, orders, etc., ^^ granting lands, establisking pre- Legislative 
cincts and parishes, and determining territorial boundaries."'] council* ix., 

195. 



CHAPTER 2. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR DIVIDING 
BLUE HILL LANDS. [Passed May 30. 

\_Printed ivith resolves, orders, etc., ^'•granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries."] counciUx.! ^ 

195. 



CHAPTER 3. 

RESOLVE GRANTING A LOAN OF £.300, IN BILLS TO M^ BORLAND HER 
MAJESTIES AGENT AT ANNAPOLIS ROYAL. 

The Hon*^'' Samuel Vetch Esq^ Governour of Nova Scotia &c in- Legislative 
timating that there is a Quantity of the Bills of Credit on this Province, c^uncff, fx.J^^ 

paid away to the Soldiers in Garrison at Annapolis Royal that are worn i97^ 

& defaced by long Usage ; And requesting that the Sum of Three Hun- Legislative 
dred Pounds in small Bills may be advanced out of the Treasury to councir, ix., 
M' John Borland Agent for that Garrison, to exchange the said Bills, 195- 
which will be for her Majesties' Service ; M' Borland giving Bond to 
Repay the said Sum of Three Hundred Pounds into the Tresury within 
the Space of Three Months next coming in good lawful Bills of Credit 
on this Province ; 

Besolved that the s** Request be granted. \_Passed June 3. 



CHAPTER 4. 



ORDER ENLARGING DEERFIELD BOLTSTDS & TAVO ISLANDS GRANTED TO 
m'k JNO WILLIAMS. [Passed June 3. 

[^Printed with resolves, orders, etc., ^^ granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries."] councif, i*x.,*^^ 



[235] 



197 



236 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 5, 6.] 



CHAPTEK 5. 



VOTE ACCEPTING THE COMM^^s REPORT OF UNSERVICEABLE BILLS. 



Legislative 
Records of the 
Council, ix., 
198. 

Post, chap. 6. 



In Obedience to the Order of Court of the thirty first of May past, 
We the Subscribers having unsealed & opened the Chest containing the 
Bills examined & made up by a Committee May the 11)"' 1712 : Amount- 
ing to the Sum of Twelve Thousand, two Hundred, Eighty two Pounds 
one Shilling &, nine Pence as by their Report hereto annexed may ap- 
pear. Have put the said Bills into a convenient Oven, & Caused them 
all to be burnt to Ashes : Joseph Lynde, Isaac Winslow, Adding- 

ton Davenport, John Pynchon Atherton Mather : Read & Accepted 

in Council ; 

And Concurred by the Representatives. \_Passed June 3. 



CHAPTEK 6. 



Legislative 
Records of the 
Council, Ix., 
198. 

Ante, chap. 5. 



ORDER DISCHARGING THE TREASURER ON ACC^ OF BILLS OF CREDIT 

BURNT. 

Upon reading the Report of the Committee appointed the 3P' of 
May past, to see the Burning of the torn useless & unserviceable Bills 
of Credit lying in the Treasury & of the Twenty Shilling Bills of Date 
1702 : Drawn in, sorted, numbered & an Accompt thereof taken & re- 
turned by a former Committee ; Viz, That they had accordingly burn'd 
the said Bills, containing in Number & Quantity as follows. Amounting 
in the Whole to the Sum of Twelve Thousand two Hundred & eighty 
three Pounds, one Shilling & nine Pence : 

Being made up in seven Bundles ; Viz, 



One Bundle q' 



139. £.5. Bills 

127. £.3. 

31. 50/. 

1857. & 3/4 40/. 
1335 20/. 

One Bundle Q' " 3627 & V2 10/. 
One Ditto Q« 3557 5/. 

f 122. & 3/4 4/. 
One Bundle Q' \ 258. & 1/2 3/6. 
[ 307. & 1/4 3/. 
One Bundle Q' 3080. 2/6. 

One Ditto Q' 3193 : & 1/2 2/. 



£.695. -. 

.381. -. 

.77. 10. 

.3.715. 10. 

.1.335. -. 



£.24. 11. - "I 
.45. 4. 9. I- 
.46. 1.9. J 



£.6204. 

.1813. 15. 
889. 5. -, 

115. 17. 6 
7!- 



.385 
.319 



The 5 per C advance as rec<i in . 
In twentyShilling Bills 1702 : Date 



£.9727. 
486. 



4.6 

7.3 



£.10213. 11. 9 
.2069. 10. - 



£.12283. 1.9. 



Resolved that James Taylour Gentleman Treasurer of this Province- 
be & hereby is discharged of his Vouchers for Nine Thousand seven 
Hundred & twenty seven Pounds four Shillings & six Pence of th& 
afores'' Sum of Twelve Thousand two Hundred eighty three Pounds 
one Shilling & nine Pence with the Five per Cent, on the said Bills 
as they were received into the Treasury amounting to Ten Thousand 
two Hundred & thirteen Pounds eleven Shillings & nine Pence, The 
other Two Thousand & sixty nine Pounds ten Shillings mentioned in 
the Comm'*'** Report being Part of the Twenty Shilling Bills of the Date 
1702 ; drawn into the Treasury by Exchange, for such Number of the 



[1st Sess.] Province Laavs {Resolves, etc.). — 1712-13. 237 

Fifteen Thousand Pounds in the Twenty Shilling Bills of Date 1708 : 
imprinted & put into the Treasury for that Use & for Parts of broken 
Bills exchanged. \_Passed June 8. 



CHAPTER 7. 

VOTE ACCEPTING THE AGREEMENT FOR SETTLING THE DIFFERENCES 
BETWEEN THE TWO PRECINCTS OF ANDOVER. [Passed June 4. 

\_Printed with resolves, orders, etc., ^^ granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ councif ix *^^ 

199. 



CHAPTER 8. 

RESOLVE ALLOWING £.6,, 0„ 6, TO PHILEMON WOOD. 
Resolved that the Sum of Six Pounds & six Pence be allowed & paid J^^gi^if^i^f ,^ 

xvGCorcls oi tnc 

out of the Publick Treasury to Philemon Wood of Ipswich a Soldier Council, ix., 

under Cpt. Matthew Perkins in the late Expedition to Canada in full ?^i: 

for his Charge of Doctors & Nurses Bills returning Home sick from 
the s*^ Expedition. \_Passed June 5. 



CHAPTER 9. 

RESOLVE ALLOWING 40/, TO JOS. TOWN. 

Resolved that the Sum of Forty Shillings be allowed & paid out of Legislative 

Records of the 
the publick Treasury to Joseph Town in full for the Charge of his council, ix., 

Sons Sickness & Funeral, a Soldier that died in her Maj^' Service. ^ 

^Passed June 5. 

CHAPTER 10. 

RESOLVE ALLOWING £.10, TO M« AARON PORTER. 

Resolved that the Sum of Ten Pounds be allowed & paid out of the Legislative 
publick Treasury to the Rev'' M'' Porter in Case he continue in the councif ix*^^ 
Work of the Ministry at Medford for one Year. [Passed June 5. 201. 

Post, chap. 13. 



CHAPTER 11. 

RESOLVE ALLOWING £.10, TO THO : BAKER & COMPANY. 

Resolved that the. Sum of Ten Pounds be allowed & paid out of Legislative 
the Publick Treasury to Thomas Baker Commander of a Company of councu! ix*.,**^^ 

Marching Forces in a late Expedition against the Enemy to Coassett, 20^: 

from thence to the West Branch of Merrimack & so to Dunstable in Post, chap. 31. 
Behalf of him self & Company for one Enemy Indian besides that which 
they scalp'd, W"='' seems very probable to be slain. [Passed June 5. 



238 Province Laws {Resolves, e^c.). — 1712-13. [Chaps. 12-16.] 



CHAPTER 12. 

Legislative ORDER APPOINTING A COMMtee poR DEDHAM & NEEDHAM LINE. 

C^SL*f" [Passed June 5. 

201. 

Post, ciiap. 76. [_Printed tvith resolves, orders, etc., '■^granting lands, establishing pre- 
Archives ciucts and parishes, and determining territorial boundaries."^ 

cxiii., 62(^629. 



CHAPTER 13. 



RESOLVE ALLOWING £.10, TO M" AARON PORTER. 



Rifordsonhe Besolved that the Sum of Ten Pounds be allowed & paid out of the 
Council, ix., Publick Treasury to M"" Aaroii Porter for his Service in Preaching at 

— Deerfield in the Absence of INP Williams Minister of that Town when 

Ante, chap. 10. abroad in the Expedition to Canada. \^Passed June 6. 



CHAPTER 14. 



RESOLVE ALLOWING 40/, TO NATHll WILDER. 



ReSrcRnhe Resolved that the Sum of Forty Shillings be allowed & paid out of 
Council, ix., the Publick Treasury to Nath" Wilder towards Paying for Cure of a 
Wound received of the Enemy. [^Passed June 6. 



202 



CHAPTER 15. 

RESOLVE ALLOWING TO JOSEPH BURRILL £.15. 

Rlcords^of the Resolved that the Sum of Fifteen Pounds be allowed & paid out 
Council, ix., of the Publick Treasury to Joseph Burrill in full Satisfaction for y^ 

^ Expence he has been at upon his Son, occasion'd by an Abuse he rec*^ 

in her Maj'®^ Service. \_Passed June 6. 



CHAPTER 16. 



RESOLVE ALLOWING TO JOS: BLISH £.3,, 10. 



202 



Refords^of the Resolved that the Sum of Three Pounds & ten Shillings be allow'd 
Council, ix., & paid out of the publick Treasury to Joseph Blish of Barnstable in 

full of his Ace" of Charges of Doctors & Nurses iu the Sickness & 

Funeral of his Son John Blish who sickened & died in his Return 
Home from the late Expedition designed to Canada. [Passed June 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1712-13. 239 

CHAPTER 17. 

RESOLVE ALLOWING TO JOS: WALKER £.3. 

Resolved that the Sum of Three Pounds be allowed & paid out of Krds of the 
the Publick Treasury to Joseph Walker iu full of his Aec° of his Son Council, ix., 

Seth Walkers Sickness, who returu'd home sick from her Maj^' Ser- ?^?: 

vice. \_Passed June 6. 



CHAPTER 18. 

RESOLVE ALLOWING TO RICH» JACKMAN 14/,, 1. 

Resolved that the Sum of Fourteen Shillings & one Peny be allow'd ReSrds'Jnhe 
& paid out of the publick Treasury to Rich'^ Jackman Ferry Man at council, ix., 

Newbury iu full of his Accompt of Ferryage. \_Passed June 6. — 

Pos^ chap. 112. 



CHAPTER 19. 

RESOLVE ALLOWING TO THO : GILBERT £.18. 

i^eso^ved that the. Sum of Eighteen Pounds be allowed & paid out p^f'^jf^'^f ^j^ 
of the publick Treasury to Cpt. Thomas Gilbert for his Service as a council, ix.. 
Pilot in the late Expedition. \_Passed June 6. '^ 



CHAPTER 20. 

VOTE ACCEPTING THE ESSEX C" TREAS^^ ACC^. 

An Accompt of the County Treasurer of Essex ; Accepted in the Legislative 
House of Representatives : Read & Concurred. [^Passed June 6. counclui.^® 

203. 



CHAPTER 21. 

VOTE GRANTING THE PETITION OF JOHN ROLLESTON FOR ABATING 

HIS EXCISE. 

Upon reading a Petition of John Rolleston of Boston Inn-holder Legislative 
being burned out of his House in October last, Sustaining great Loss coundf.ix.!*^^ 
iu his Goods & jNIoveables & put off from his Imploym' Praying the 203. 
Sum of Five Pounds set on him for Excise for this last Years Draught 
may be abated him ; 

Voted a Concurrence with the Order pass'd thereon in the House of 
Representatives ; That the Prayer of the Petition be granted. \_Passed 
June 7. 



24:0 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 22-24. J 



CHAPTER 22. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF BABET &c 
OF TAUNTON TO PURCHASE COUNTREY LANDS, THE COMM^'^e TO 
ENQUIRE OF THE LANDS. [Passed June 9. 

Records'of the [^Printed with resolves, orders, etc., '■^granting lands, establishing pre- 
Councii, ix., cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 23. 

ORDER GRANTING THE PETITION OF M« DEAN WINTHROP'S EXECUTES 
IN REGARD TO THE TESTATOR'S GRANDCHILDREN. 



Legislative 
Records of the 
Council, ix., 
204. 



Upon reading a Petition of Wait Winthrop Esq'' & Coll : Adam 
Winthrop execut" to the Estate of M'' Deau Winthrop late of Pulling 
Point Dec'' at the Instance & Desire of Dean Grover & John Grover 
Grand-Sons of the said Dec*^ Setting forth that the s** Dean Winthrop 
by his Will left his Estate to be equally divided among his two Grand- 
Sons & his two Grand Daughters when the youngest should be of Age, 
the Income of his Estate to be likewise equally divided, The Grand 
Sons Parts to be imployed towards their Education, Praying that they 
may be impowered & authorized to pay unto the said two Grand Sons 
both now of Age, having been at no Charge to the Estate for their 
Education, their Shares & Divisions of the neet Proceeds of the In- 
come of the Estate hitherto, & likewise hereafter from Year to Year 
as it shall come to Hand untill the Gen" Division of the Estate (accord- 
ing to the Provision in the Will) can be made ; And further that they 
may be indemnified for what they have been hitherto necessitated to 
disburse for Maintenance of Priscilla Hough one of the Grand Daugh- 
ters & authorized for the Future to defray the necessary Charges for 
her maintenance & an Education suitable to her Circumstances, And 
that her Part of the Personal or real Estate may be applied thereto, so 
far as her Proportion of the annual Income shall fall short of Answer- 
ing the same & in Case of her Death before the Division of the Estate 
be made & her Share thereby be devolved to others, yet the disburse- 
ments to be made as aboves*^ may be esteem'd good & valid & the 
Exec" be indemnified & discharged from any Claims or Molestations 
from y*^ Survivors by Reason thereof. 

Ordered that the Prayer of the said Petition in the sev" Articles 
thereof be granted & that the Execut" Petitioners do yearly pass 
the Accompt of their disbursem*' with the Judge of Probate in the 
County, whose Allowance thereof shall be a Discharge to the Exec- 
utors. \_Passed June 9. 



CHAPTER 24:. 



Legislative 
Records of the 
Council, ix., 

20.5. 



ORDER ERECTING A NEW TOWN NAMED ABINGTON. [Passed June 10. 

[^Printed toith resolves, orders, etc., ^'•granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."] 



[IsT Sess.] Province Laws {Resolves, etc.). — 1712-13. 241 



CHAPTER 25. 

ORDER OF HEARING ON THE PETITION OF MEDFIELD WEST INHABts Legislative 
TO BE MADE A TOWN. [Passed June 10. CouncU.ix., 

205. 

\_Printed tvith resolves, orders, etc., ^^ granting lands, establishing pre- post, chap. 134. 
cincts and jiarishes, and determining territorial boundaries."'] 



CHAPTER 26. 

ORDER GRANTING YORK £.20, FOR THEIR MINISTER. 

Upon reading a Petition of Cpt. Lewis Bane Representative of the Legislative 
Town of York, Praying that in Consideration of the present Difficulties coSncfi! fi.!^® 
& Distress upon the said Town by Reason of the Insults of the Enemy, 206- 
the Sum of Twenty Pounds, which is the Tax of the said Town this 
Year may be given & appropriated to the Maintenance of their Min- 
ister ; 

Coucur'd to the Order pass'd thereon in the House of Represent- 
atives ; Viz, That the Prayer of the Petition be granted. {_Passed 
June 10. 



CHAPTER 27. 

ORDER DIRECTING REHOBOTH TO SUPPORT A MINISTER AT PALMERS 

RIVER. 

In the Affair of Rehoboth, relating to the Settling of a Minister Legislative 
at Palmers River within the South Military Precinct of the s'' Town, counciUx.!^^ 

Upon Representation that most of the Inhabitants at & about Palmers '^ 

River live very remote from the present Place of Publick Worship in Post, chap. 108. 

the s'^ Town of Rehoboth, whereby but few of them are capable to Archives, xi., 

travel so far, & that only at some Times of the Year, & then with 386-390. 

great Weariness & Spending a great Part of the Lords Day in Going 

& Returning, the greater Part of their Families being necessitated to 

abide at Home, & they having made their Address to the Town & 

also to this Court some Time past to be considered in that Respect, 

& the Court having recommended it to the Town to provide for the 

Support of a Minister in that Part of the Town, which they express 

them selves sensible of the Necessity of in a Hearing had before this 

Court : It is therefore 

Advised & Directed that the Inhabitants of the said Town of Reho- 
both annually raise the Sum of One Hundred & twenty Pounds for y® 
Support of y*" Ministry in Addition to their Tax for other Town Charges 
to be assess'd & collected therew* without Distinction in Manners as 
by Law is directed & the s'' Sum of One Hundred & twenty Pounds 
to be issued & paid by the Town Treasurer or the Select Men to the 
Ministers of the Town for the Time being, in this Proportion, Viz, 
Seventy Pounds thereof to the Minister of the first Church & Con- 
gregation in the Body of the Town, & the other fifty Pounds to the 
Minister of the Congregation at Palmers River ; Unless the Town of 
Rehoboth do agree upon a method among them selves for the Support 
of two Ministers in the said two Parts of the Town, & report the same 



242 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 28-30.] 



to this Court at their Session in the Fall of the Year, Otherwise this 
Order to take Effect at the End of that Session ; And this at the Motion 
of the Representative. \_Passed June 10. 



CHAPTEK 28. 



Legislative 
Records of the 
Council, ix., 
206. 



ORDER ADVANCING PRISONERS WEEKLY SUBSISTENCE TO 3/. 

Upon reading a Petition of Seth Smith Keeper of her Majesties 
Goal in Boston, Praying an Advance of y^ Weekly Allowance for the 
Subsistence of Prisoners ; 

Ordered that in Consideration of the Dearness of Provisions the Sub- 
sistence of Prisoners be advanced to three Shillings per Week, till this 
Court take further Order. \_Passed June 10. 



CHAPTER 29. 



RESOLVE ALLOWING £.10, TO CPT. TIM^ BRETT. 



Legislative 
Records of the 
Council, ix., 
207. 

Executive 
Records of the 



The following Resolve pass'd in the House of Representatives ; 
Viz, 

Resolved that the Sum of Ten Pounds be allowed & paid out of the 
Publick Treasury to Cpt. Timothy Brett for his good Service with 
Council, v., 542, eighty one of the Chesters Men in the Sloop Ann in Convoying the 
Coasters this Spring from Connecticutt to Boston.^ \_Passed* June 10. 



CHAPTER 30. 



Legislative 
Records of the 
Council, ix., 
207. 



RESOLVE ALLOWING TO PAUL DUDLEY ESQ« ATTORNEY GENi-i- £.30. 

The following Resolve pass'd in the House of Representatives 
upon the Petition of Paul Dudley Esq"" Attorney Gen" Read & Con- 
curred : Viz, 

Resolved that the Sum of Thirty Pounds be allowed & paid out of 
the Publick Treasury to the Petitioner Paul Dudley Esq'' Attorney 
Gen" in full for his Sei-vice in the said Office to this Time. \_Passed 
June 11. 

1 No other action than the foregoing on the part of the House of Representatives, 
appears in the Legislative Records; but in the Executive Records of the Council, v., 560, 
there is the following : — 

" June 10, 1712. Pursuant to a Resolve passed by the General Assembly in their present 
Session that the sum of Ten pounds be allowed & paid out of the Publick Treasury to Capt" 
Timothy Brett for his good service with eighty one of the Chesters men in the Sloop Anne 
in convoying the Coasters this Spring from Connecticutt to Boston 

" Advised & consented That a Warrant be made out to the Treasurer to pay the above 
sum of Ten pounds to the s^ Capt" Brett accordingly." 



[1st Sess.] Province Laws {Resolves, etc.). — 1712-13. 243 



CHAPTER 31. 

RESOLVE ALLOWING TO TIIO : BAKER & COMP^ £.20. 

Upon reading a Petition of Lieut. Thomas Baker Commander of a Legislative 
Party in a late Expedition to Coassett & over to Merrimack River, coun'ciui.!^^ 

Praying a further Allowance for more of the Enemy Indians killed by '^ 

them than they could recover their Scalps, as Reported by the Enemy ^ni!e, chap. u. 
them selves ; Concur'd with the Resolve pass'd thereon : Viz, That the Recorcis^o^f the 
Sum of Twenty Pounds be allowed & paid out of the Publick Treasury Council, v., 559, 
to the Petitioner & Company. \_Passed June 11. 



CHAPTER 32. 

VOTE ALLOWING YORK C" TREAS" ACCO. 



The Accompt of the last Years Accompt of the County Treasurer Legislative 
of York Allowed by the House of Representatives ; Read & Con- ^uncif *ix*^^ 
curred. {^Passed June 11. 207. 



CHAPTER 33. 

VOTE ALLOWING DUKES C TREAS^ ACCO. 



The last Years Accompt of the County Treasurer of Dukes County, Legislative 
AUow'd by the House of Repres^^^ Read & Concur'd. [Passed June 11. councif, i'lf ^ 



207. 



CHAPTER 34 Legislative 

^ ^^-^^ J. J^ XL ^'± ' Records of the 

Council, ix., 

ORDER MAKING MANAMOIT A TOWN & NAMED CHATHAM. [Passed June 11. — 

Mass. 
Archives, 

[Printed with resolves., orders., etc., '■'• granting lands^ establishing pre- cxiii., 609-612. 
cincts and parishes, and determining territorial boundaries. "'\ Refords'of the 

Council, State 
Library copy, 
■ • ix., 180. 



CHAPTER 35. 

VOTE ABATING EXCISE ON CPT. SAM^-i- PHIPPS PETITION. 

Upon reading a Petition of Cpt. Samuel Phipps Setting forth that Legislative 
his Letter Case with several Sums of Bills of Credit & other Papers Council, ix., 

therein were taken out of his Pocket in the Press & Croud of People '^ , 

at the Time of the late Standing of some Criminals in the Pillory at 
Boston & that he had iii the said Letter Case the Sum of seven Pounds, 
two Shillings & six Pence, he received by Direction of the Treasurer 
of John Hill of Chelmsford, Inn-holder for his Excise in the Year 1710. 
& was about to carry it into the Treasury, Praying that the Treasurer 
may be ordered to abate the said Sum of Seven Pounds two Shillings 
& six Pence in Discharge of the Petitioner. 



2M 



Province Laws {Resolves, etc.). — 1712-3 3. [Chaps. 36, 37.] 



Voted a Coucurreuce with the Order pass'd thereon in the House 
of Representatives, Viz, That the Prayer of the Petition be Granted. 
\_Passed June 12. 



CHAPTER 36. 



Legislative 
Records of the 
Council, ix., 



Sewall's 
Diary, 11, 



361. 



RESOLVE GRANTING JN" CLARK ESQ^s PETITION IN REGARD TO ENTAIL. 

Upon reading a Petition of John Clarke Esq' Setting forth that his 
Grand-father John Clark Gentleman of Boston within the County of 
Suffolk Physician diverse Years since Deceased being seized in his own 
Demesne as of Fee of a certain Messuage Tenement or Dwelling House 
with a large Yard & Garden adjoining & belonging, scituate at the North- 
erly End of the Town of Boston on the Westerly Side of P'ish Street, 
&. a Wharf & some Buildings lyiog on the Easterly Side of the Street 
& Right in the Flatts to the Sea-board thereof. All which he devised 
in & by his last Will & Testament to his only Son John Clark, Father 
of the Petitioner (since deceased) & the Heirs Male in Tail, now de- 
scended to the Petitioner, the Buildings being old & fallen to Despair, 
notwithstanding the Petitioners Disbursements of considerable Sums 
of Money from Time to Time to uphold the same, & will soon become 
ruinous without a far greater Expence made thereon, which the Peti- 
tioner is unable to advance without apparent wrong to his Family, 
having several Children ; Proposing & Praj'ing that the Tail may be 
cutt off from Part of the said Land on the Westerly Side of of ^ the 
afore said Street, Viz, on the Northerly Side thereof abutting on Gal- 
lops Alley so called, for Thirty Feet in Breadth Easterly next the 
Street, & the like Breadth on the Westerly End, abutting on Samuel 
Flacks Land, which will not be one Third Part of the Breadth of the 
whole Land on that upper Side of the Street & contains one Hundred 
Feet in Depth, & that the same may be assigned to him his Heirs & 
Assigns for Ever in Fee with out Limitation, that he will in Lieu thereof 
at his own Cost and Charge build out the Wharf on the Easterly Side 
of the Street One Hundred Feet in Length to the Sea-board of TJiirty 
two Feet in Breadth, And erect a Building or Ware-house thereon of 
sixty Feet in Length & eighteen Feet wide to remain under the same 
Tail with the other Part of the Lands and Buildings : 

William Clark only Brother of the Petitioner & next Heir in Tail to 
the Premisses in Failure of the Petitioners Male Heirs, agreeing to the 
said Proposal & having subscribed the Petition ; 

Ordered that the Prayer of the Petition be Granted. \_Passed June 12. 



CHAPTER 37. 



RESOLVE FOR PURCHASING £.300, BILLS OF EXCH'^ FOR M" AGENT 

DUMMER. 



Recfords'of the Mesolved that the Treasurer be directed to purchase good Bills of 
Council, ix., Exchange for Thi-ee Hundred Pounds Sterling to be paid to M' Jere- 
— '- miah Dummer in London Agent for this Province. [Passed June 12. 

Post, chap. 69. 

» Sic. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1712-13. 245 



CHAPTEE 38. 

RESOLVE ALLOWING TO CPT. BANE & CO. £.10, A PRISONER FOR FOUR 

INDIAN PRISONERS. 

Upon reading a Petition of Cpt. Lewis Bane in Behalf of him self [igjr'rlfg'Jni 
& Company, Setting forth that four Indians taken Prisoners in the Couucii, ix., 

last Winters Expedition Eastward were by his Excellencies Order '^^ 

exchanged for John Stagpole, William Witcomb, George Rounds & Rgconil^of the 
Deborah Spencer Captives in the Hands of the Indian Enemy; Pray- Council, v., 599. 
iNG that the Sum of Ten Pounds for each Prisoner may be ordered 
out of the publick Treasury : 

Resolved that the Prayer of the Petition be Granted. \_Passed 
June 12. 



CHAPTER 39. 

RESOLVE ALLOWING TO JON^ COLLIDGE £.3,, 19,, 8. 

Resolved that the Sum of Three Pounds nineteen Shillings and eight Legislative 
Pence be allowed & paid out of the publick Treasury to Jonathan Cool- councu^ S.J*"® 
idge in full of his Accompt for Sickness & Funeral Charges of his Son ^^Q- 
Joseph Coolidge, who sickened & died whilst a Soldier in her Majesties 
Service. \_Passed June 12. 



CHAPTER 40. 

VOTE ACCEPTING TREAS^^ ^ccts & GRANTING HIS DISCHARGE. 

The Accompts of M' James Taylour Treasurer & Receiver General fe'^f'^^i'"^'! u 
of this Province beginning the thirtieth Day of May 1711. and Con- Councif,fx., 

tinned into the thirty first Day of May 1712, Amounting to the Sum '^^ 

of Eighty six Thousand One Hundred & seventeen Pounds one Shil- 
ling, having bin presented & laid before the House of Representatives 
and inspected by said House, By which it appears there was standing 
out on the said thirty first of May of the several Assessments, Nine 
Thousand & thirty six Pounds and five Pence, as also of the Duties 
of Impost &c (as by Accompt received from M'' Daniel Russel Com- 
missioner) One Thousand four Hundred fifty six Pounds, twelve Shil- 
lings & three Pence to be drawn into the Treasury & further to be 
accompted for ; 

Voted that the said Accompts in the several Articles of Receipts & 
Payments therein mentioned amounting unto the Sum of Sixty five 
Thousand three Hundred & eleven Pounds sixteen Shillings & nine 
Pence be & hereby are approved and allowed of, And the said Treas- 
urer is hereby discharged of the said Sum of Sixty five Thousand three 
Hundred & eleven Pounds sixteen Shillings & nine Pence. \_Passed 
June 12. 



246 



Province Laws (Besolves, etc.). — 1712-13. [Chaps. 41-45.] 



CHAPTER 41. 



EESOLVE ALLOWING TO STEPHEN PLUMMER £.6. 



Recofds^of the Resolvecl that the Sum of Six Pounds be allowed & paid out of the 
Council, ix., Publick Treasury to Stephen Plummer iu full for Sickness Charges 
whilst iu her Majesties Service. [Passed June 12. 



210 



CHAPTER 42. 



RESOLVE ALLOWING TO HUM: BRADSTREET £.1., 15. 



Legislative 
Records of the 
Council, ix., 
210. 



Resolved that the Sum of One Pound &, fifteen Shillings be allowed 
& paid out of the Publick Treasury to Humphrey Bradstreet Chirur- 
geon in full of his Accompts of Medicines & Administrations to David 
Allen a sick Soldier in her Majesties Service. \_Passed June 12. 



CHAPTER 43. 



RESOLVE ALLOWING £.3, TO EDWARD PHELPS. 



Legislative 
Records of the 
Council, ix., 
210. 



Resolved that the Sum of Three Pounds be allowed & paid out of 
the publick Treasury to Edward Phelps for Charges on Benjamin Corey 
a Soldier taken sick in her Majesties Service. [Passed June 12. 



CHAPTER 44. 

ORDER OF ALLOW*- TO THE COMM^"''^ FOR OVERSEEING THE NEW BUILD- 
ING FOR A COURT HOUSE. 



Legislative 
Records of the 
Council, ix., 
211. 

Post, chap. 49. 



In Consideration that Addington Davenport Esq'' & M^ William 
Payne two of the Committee that take Care for the Building of the 
Town House in Boston have more especially & constantly improved 
their Time in that Service, and are likely so to do ; 

Ordered that Twenty Shillings per Week be allowed to each of them 
from the first of March last untill the said Building be finished, if they 
continue to perform the like Service, To be paid in Manner as the Charge 
of the said House is by this Court directed. [Passed June 13. 



CHAPTER 45. 



VOTE ACCEPTING THE REPORT OF THE COMM^ek ABOUT THE REPAIRS 
OF CASTLE WILLIAM. 



Records'of the "^ REPORT of the Committee appointed by the General Court to visit 
Council, ix., his Majesties Castle William & to see what Works are necessary to be 

^ done, Upon Viewing of the same. We find that the old Wall of the Upper 

Post, chap. 62. Yoxt is much decayed & that it should be well searched &. repaired as 



[1st Sess.] Province Laws {Resolves, etc.). — 1712-13. 247 

iu Part is already done about a Quarter by the Masons that are now 
at Work, We also find it necessary that a Common Shore or Drain 
from the Necessary House down the Ditch without the Line of Com- 
munication, till it comes eight or nine Feet below High Water, the Lead- 
ing is to be good with Stone that they may be Preserved & made clean, 
& thereby will prevent the Damnifying of the Works, And that some 
Part of the outward Walls be pointed that are gone to Decay ; We are 
of the Mind that if a Carpenter & Mason were Constantly kept at the 
Castle to keep Things in Repair it would be of Service to the Province. • 

John Appleton in Behalf of 
June 11. 1712. the Committee. 

Read & Accepted by the Council & Representatives, & the Com- 
mittee thanked for their Service, the Carpenter & Mason to be of the 
Number of the Garrison, & to have two Shillings per Day each when 
they work over & above their stated Wages. \_Passed June 13. 



CHAPTEK 46. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE FOR LAYING OUT 
LANDS IN DRACUT. [Passed June 13. 

[_Pnnted loitli resolves, orders, etc., '■'■granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ connctf ix.*^^ 

212. 



CHAPTER 47. 

RESOLVE FOR PRINTING £.5000, OF BILLS OF CREDIT AND FOR EMIT- 
TING £.3000, THEREOF, ALSO FOR REISSUING £.6000, OF BILLS COMING 
TO THE TREASURY, AND FOR PROVIDING A FUND AS SECURITY.' 

Resolved that the Sum of Five Thousand Pounds of Bills of Publick Legislative 
Credit on this Province be further & forthwith made by the Committee councif.ix., 
last appointed to make such Bills & upon the same Plates with the Bills ^ 



ordered to be made the last Session, Who shall be paid for their Mak- Post, chap. 78. 
ing them in the same Proportion as for the last they made. 

That the said Committee deliver the Sum of Three Thousand Pounds 
to the Treasurer taking his Receipt for the same. And keep the remain- 
ing Two Thousand Pounds in their Hands unsign'd untill further Order 
from this Court ; 

And the Treasurer is hereby directed & impowered to Issue forth & 
Emitt the said Sum of Three Thousand Pounds, together with the Sum 
of Six Thousand Pounds more of the Bills of Publick Credit that are 
or shall be received into the Treasury towards Payment of the Publick 
Debts of the Province already contracted ; & the further growing Charge 
for the Defence thereof. For the Supplying & Subsisting of the Prov- 
ince Galley & Sloop Forts Garrisons & Forces raised & to be raised & 
emploj'ed within the same & for Wages arising from their Service, for 
Payment of Grants Salaries & Allowances made & to be made by this 
Court, according to such Draughts as from Time to Time shall be made 
upon him by Warrant or Order of the Governour by & with the Advice 
& Consent of the Council ; And the said Bills shall pass out of the Treas- 
ury at the Value therein expressed equivalent to Money & shall be taken 

1 Printed in the notes to the Acts of the year 1712-13, Province Laws, i., 707; reprinted 
here, as important. 



248 



Province Laws (^Resolves, etc.). — 1712-13. [Chaps. 48, 49.] 



& accepted in all publick Payments at the Advance & after the Rate of 
Five Pounds per Cent more. 

And that the Duties of Impost & Excise shall be a Fund & Security 
for the Repayment & Drawing in of the said Bills to the Treasury again 
so far as that will reach ; 

And as a further Fund & Security for the same ; for the Payment 
of Soldiers Wages, & for Defraying of the further necessary growing 
Charge of the Province, the Defence of her Majesties Subjects & Inter- 
ests within the same & Support of the Governm' thereof ; There be & 
hereby is granted to her most Excellent Majesty for the Ends & Uses 
aforesaid a Tax of Nine Thousand Pounds on Polls & Estates both Real 
& Personal within this Province according to such Rules & in such 
Proportion upon the several Towns & Districts within the same as shall 
be agreed on & ordered by the Great & General Court or Assembly of 
this Province at their Session in May 1717, To be paid into the Treas- 
ury Five Thousand Pounds thereof on or before the last Day of Novem- 
ber 1717, And the remaining Four Thousand Pounds on or before the 
last Day of May 1718. \_Passed June 13. 



CHAPTER 48. 

RESOLVE ALLOWING TO MATTHEW STONE FOR DK^^^ TAYLOUR, 

£.2„ 13,, 2. 

ffiSof the Resolved that the Sum of Two Pounds thirteen Shillings & two Pence 
Council, ix., be allowed &. paid out of the Publick Treasury to M'' Matthew Stone 

'^— to Defray the Charge of the Sickness of Daniel Taylour a Soldier in 

her Majesties Service. \_Passed June 13. 



CHAPTER 49. 



RESOLVE FOR GRANT OF A LOAN TO THE TOWN OF BOSTON TOW^e 
THEIR PART OF Y^ CHARGE OF V NEW PUBLICK BUILDING. 



Legislative 
Records of the 
Council, ix., 
214. 

Ante, chap. 44. 
Post, chap. 114. 
Records of 
Boston Select- 
men, 1701-1715, 
p. 165. 



Upon a Representation from the Select Men of Boston, that they 
are unable to pay the Towns Proportion towards the Charge of the 
new Edifice now erecting within the same for the publick Service & 
Occasions of the Province County & Town untill a Tax be assessed on 
the Town & Collected, W^*" can not be performed untill the latter end 
of the Year, And there being a present Demand of Money for Purchas- 
ing Materials, & Paying off the Workmen employed in & about the 
Building. 

Resolved that the Treasurer be directed to supply & furnish the Treas- 
urer of the Town of Boston with such Sum or Sums in the Bills of Credit 
as he shall inform are necessary to be soon advanced on the Towns Part 
for Carrying up the said Building, not exceeding seven Hundred Pounds 
in the Whole upon good & sufficient Security to be given to repay such 
Sum or Sums again into the Treasury on or before the first Day of Feb- 
ruary next coming. \_Passed June 13. 



[1st Sess.] Province Laws (Resolves, etc.). — 1712-13. 249 



CHAPTER 50. 

ORDER ON THE PETITION OF SWANZEY WEST INHAB™ FOR A TOW^N- 
SHIP. [Passed June 13. 

[Printed icith resolves, orders, etc., '■'• granting lands, establishing j^re- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ coiim^f l*^'^^ 

2U. 



CHAPTER 51. 

RESOLVE ALLOWING N PAYNE S THAXTER & N BLAGROVE £.29,, 5„ 10. 

Resolved that the Sum of Twenty nine Pounds five Shillings & ten Legislative 
Pence be allowed & paid out of the Publick Treasury to Nath" Payne coundf i*'^^® 
«fe Sam^ Thaxter Esq" & M' Nath'^ Blagrove a Committee for Running -.no. 
the Line between this Province & the Governm' of Rhoad Island to 
defray their Accompt of Time & Expence. \_Passed June 13. 



CHAPTER 52. 

RESOLVE ALLOWING CHRIS: CAPRIOL £.40. 



Resolved that the Sum of Forty Pounds be allowed & paid out of the Legislative 
Publick Treasury to Christopher Capriol Tenant upon Noddles Island q^^^^I fj *^®^ 
in full for Damage done him by her Majesties British Forces under 215. 
General Hill encamped there the Summer past 1711. [Passed June 13 . Mass. 



Archives, 
Ixxi., 828, 829. 



CHAPTER 53. 

RESOLVE ALLOWING FREETOWN £.20, FOR A MINISTER. 

Resolved that the Sum of Twenty Pounds be allowed & paid out of Legislative 
the Publick Treasury towards Maintaining of a Minister in the Town couucff fx.*"^^ 
of Freetown for the Year ensuing & in Proportion for such Part of the 215. 
Year as they are supplied with an Orthodox learned Minister if they 
are not the Whole. [Passed June 13. 



CHAPTER 54. 

RESOLVE ALLOWING TIVERTON £.25, FOR A MINISTER. 

Resolved that the Sum of Twenty five Pounds be allowed & paid out Legislative 
of the publick Treasury towards Maintaining of a Minister in the Town coundf ?x.*^° 
of Tiverton the Year ensuing, & in Proportion for such Part of the Year 2i5- 
as they are supplied with a learned orthodox Minister, If they are not Executive 
the Whole. [Passed June 13. Sundi'v.^sn. 



250 



Province 1jA\xs> {Resolves, etc.). — 1712-13. [Chaps. 55-59.] 



CHAPTER 55. 



RESOLVE ALLOWING £.250, TO THE GOVERNS 



Legislative 
Records of the 
Council, ix., 
215. 



Resolved that the Sum of Two Hundred «&; fifty Pounds be allowed 
& paid out of the Publick Treasury to his Excellency Joseph Dudley 
Esq"" Captain Gen" & Govern'' in Chief of this her Maj'^' Province for 
Pos<, chap. 121. ijjg Support in Managing the Affairs of the Government. \_Passed 
June 14. 



Legislative 
Records of the 
Council, ix., 
216. 

Sewall's 
Diary, ii., 351. 



CHAPTER 56, 

RESOLVE ALLOWING £.50, TO ¥•= LIEU. GOV^ 

Resolved that the Sum of Fifty Pounds be allowed & paid out of the 
Publick Treasury to the Hon"*' William Tailer Esq' L' Gov' in Consid- 
eration of his Readiness at all Times to serve this Province. [^Passed 
June 14. 



CHAPTER 57. 



Legislative 
Records of the 
Council, ix., 
216. 

Sewall's 
Diary, ii., 351. 



RESOLVE ALLOWING £.200, TO THE JUDGES OF Y^ SUP« COURT. 

Resolved that the Sum of Two Hundred Pounds be allowed & paid 
out of the Publick Treasury to the Honourable the Judges of the Supe- 
riour Court in Proportion to the Courts they attended the Year past. 
\^Passed June 14. 



CHAPTER 58. 

RESOLVE ALLOWING £.225, TO M« TREAS^ TAYLOUR. 

R^fordsof the Resolved that the Sum of Two Hundred & twenty five Pounds be 
Council, ix., allowed & paid out of the Publick Treasury to M"" James Taylour Treas' 
"— for his Service in the s** Office the Year past. \_Passed June 14. 



CHAPTER 59. 



RESOLVE ALLOWING £.20, A P" TO E HUTCHINSON P TOWNSEND & J 

LEVERET ESQ"**. 

R^fordsof the Resolved that the Sum of Twenty Pounds each be allowed & paid 
Council, ix., out of the Publick Treasury to Elisha Hutchinson, Peun Townsend & 

John Leveret Esq" for their Service in an Expedition to Port Royal 

1707. \_Passed June 14. 



216 



[1st Sess.] Province Laws {Resolves, etc.). — 1712-13. 251 

CHAPTER 60. 

RESOLVE ALLOWING £.20, TO M" JN" WHITE. 

Resolved that the Sum of Twenty Pounds be allowed & paid out of Legi8iative 
the Publick Treasury to M' John White Clerk of the House of Repre- c^unciUx., 

sentatives in Part for his Service the Year Curr'. [Passed June 14. ^^^- 

Post, chap. 124. 



CHAPTER 61. 

ORDER FOR ENCOURAGEM'^ OF VOLUNTIERS AGAINST Y"- ENEMY BY 
ADV^ OF THEIR PAY. 

Ordered that every experienced Officer, who upon Application made Legislative 
to his Excellency the Governour shall obtain his Licence & Commis- councu^ix"^^ 
sion to enlist a suitable Number of able bodied Men Voluntiers for the 216. 
Service against the Indian Enemy to march into the Woods to visit them sewaii's 
at their Head Quarters & other Places of Rendezvouz, such Officers & Diary, ii., 351. 
Soldiers for their Encouragem' voluntarily to offer them selves to the 
Service shall be paid Wages as follows ; Viz, 

Every Captain, Forty five Shillings per Week ; 

Every Officer & private Centiuel under his Command to be propor- 
tionably advanced in Wages above the present Establishment ; 

That six Pence per Diem per Man be allowed them for Subsistence ; 

That they be entituled to the Praemium of Sixty Pounds per Scalp for 
every Male Enemy Indian qualified as the Law directs by them slain 
and other the Advantages by Prisoners & Plunder by Law granted ; 

The afore said Praemium of Sixty Pounds to be granted to all the 
standing Forces as well marching as in Garrison ; 

That every Company or Party going forth upon this Encouragem' 
that shall presume unnecessarily to Hunt after Game to the Retarding 
or Impeding their March either in their Going out or in their Return 
back shall be cashiered of their Weekly Wages ; 

That as soon as any Company is made Compleat in Number & well 
■equipped for Service they immediately march, And upon the s** Day 
•of their March, they enter upon their Weekly Pay & upon the Day of 
their Return it shall determine. 

That every Chief Officer keep an exact Journal of every Days Ser- 
vice & upon their Return lay the same before the Court at their next 
Session after their Return ; 

This Act to continue in Force till the tenth of December next & no 
longer. \_Passed June 14. 



CHAPTER 62. 

RESOLVE FOR PROVIDING SACRE & MINION SHOT FOR CASTLE W**. 

A Memorial presented about the Want of a Store of Shot at her Maj- Legislative 
esties Castle William, for the low Sacres of six Pounds Forty Rounds, coundUx.!*^^ 
for the Minions twenty Rounds 217. 

[In Council 

Read and] 

Voted sx Concurrence with the Resolve pass'd thereupon in the House 



252 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 63-67.] 



^n<e, chap. 45. of Representatives; Viz, That the Shot mentioned above to be want- 
Executive" ^^' ing at Castle William be provided at the best Rate that may be & paid 
Records of the for out of the Publick Treasury. 

Council, v., 552. *' 



[^Passed June 14. 



Legislative 
Records of the 
Council, ix., 
217. 



CHAPTER 63. 



RESOLVE ALLOWING £.30, TO M« JN" WILLIAMS, DEERFIELD. 

Resolved that the Sum of Thirty Pounds be allowed & paid out of the 
Publick Treasury to the Rev^ ]\P John Williams of Deerfield towards his 
Maintenance in the Work of the Ministry for the Year Curr'. \_Passed 
June 14. 



CHAPTER 64. 



RESOLVE ALLOWING £.5,, 18, TO ELIS. GEDDING WIDOW. 



Legislative 
Records of the 
Coimcil, ix., 
217. 



Resolved that some of Five Pounds & eighteen Shillings be allowed 
& paid out of the Publick Treasury to Elisabeth Geddings Widow for 
Sickness & Funeral Charges of James Ford a Soldier in the late Expe- 
dition to Canada. [^Passed June 14. 



Legislative 
Records of the 
Council, ix., 
217. 



CHAPTER Q5. 

RESOLVE ALLOWING £.20, TO M« JOHN JAMES, BROOKFIELD. 

Resolved that the Sum of Twenty Pounds be allowed & paid out 
of the Publick Treasury towards the Maintenance of M"" John James 
in the Work of the Ministry at Brookfield the Year Curr*. \_Passed 
June 14. 



CHAPTER 66. 



Legislative 
Records of the 
Council, ix., 
217. 



RESOLVE ALLOWING £.30, TO M^* JA: MAXWELL. 

Resolved that the Sum of Thirty Pounds be allowed & paid to M'' 
James Maxwell out of the Publick Treasury, as Door keeper to his 
Excellency the Governour & this Court for his Service the Year past 
ending the eighth Day of the present Month. {^Passed June 14. 



CHAPTER 67. 



RESOLVE ALLOWING £.3, TO SAM'-^- MAXWELL. 



Legislative 
Records of the 
Council, ix., 
217. 



Resolved that the Sum of Three Pounds be allowed & paid out of the 
Publick Treasury to Samuel Maxwell for his Assisting his Father M' 
James Maxwell this Session as Door keeper to his Excellency the Gov- 
Pos<, chap. 130. ernour & this Court. \_Passed June 14. 



[1st Sess.] Province Laws (Mesolves, etc,). — 1112-13. 253 

CHAPTER 68. 

RESOLVE ALLOWING £.10, TO DUNSTABLE FOR THEIR MINISTRY. 

Resolved that the Sum of Ten Poimcls be allowed & paid out of the Legislative 
Publick Treasury towards the Maiuteuauee of the Ministry in the Town Sncu^ \l. *^^ 
of Dunstable the last Half Year. \_Passed June 14. . 217. 



CHAPTER 69. 

ORDER FOR HONOURING M^ AGENT DUMMERS BILL OF EXCHANGE. 

The following Order annexed to a Bill of Exchange for One Hun- Legislative 
dred eighty three Pounds fifteen Shillings drawn by M' Agent Dummer council^ \l ***® 
upon the Treasurer, Pass'd in the House of Repres^^^ Read & Coneur'd ; 218. ' ^" 

''^^^ ^?i<e,chap.37. 

Ordered that the Treasurer be directed to honour this Bill of Ex- ^°^*' '^^^^'- '^*- 
change, And Accompt with M"" Dummer for the same. [^Passed June 14. 



254 Province Laws (i^esoZves, e^c.). — 1712-13. [Chaps. 70-73.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twentieth Day of August, A.D. 17 12. 



CHAPTEE 70. 

Legislative ORDER APPOINTING A COMMt^ FOR READING WEST PRECINCT. [Passed 
Records of the a ^ m 

Council, ix., August 21. 

221. 



Legislative \_Prmted with resolves, orders, etc., '•'■ granting lands, establishing pre- 

councif ix.^*^^ cincts and parishes, and determining territorial boundaries."'] 



206. 



CHAPTER 71. 

VOTE GRANTING THE PETITION OF MESS^^ HARRIS & BANT FOR ABATE- 
MENT OF IMPOST. 

R^^ord^of the [Upon READING] The Petition of Mess" "William Harris & Gilbert 
Councif, ix., ^ Bant for the Abatement of the Impost of Eighteen Pipes & ten Barrels 

^ of Wine saved of the Cargo on Board their Sloop William & Sarah 

Record "of the David Lewis Master from Fayal cast away on Nantuekett in October 

Council, ix., last & the Vessel & Men & the rest of the Cargoe lost ; 

^^^' Voted That the Prayer of the Petition be granted. [Passed August 21 . 



CHAPTER 72. 

ORDER OF HEARING ON WATERTOWN EAST CONGREGATION MEMORIAL. 

[Passed August 21. 

Refords^of the [Printed with resolves, orders, etc., ^^ granting lands, establishing pre- 
Councii, ix., dncts and parishes, and determining territorial boundaries."'] 

Post, chap. 107. ' 



CHAPTER 78. 

VOTE GRANTING THE PETITION OF HENRY FRANKLIN FOR REMITTING 

HIS EXCISE. 

Refordsofthe Upon READiNrx a Petition of Henry Franklyn of Boston Retailer, 
Council, ix., Setting forth his great Loss in the Time of the late Fire in Boston 

in which he was burnt out; Praying he may be remitted the Sum of 

Ten Pounds set upon his Excise for his Draught : 

Voted That the Prayer thereof be granted. [Passed August 22. 



223< 



[2d Sess.] Province Laws (i?esoZves, e^c). — 1712-13. 255 



CHAPTER 74. 

VOTE DIRECTING PAYMENT OF £.208,^ 5, TO SAM''- SEW ALL ESQ« FOR LcfriBlative 

M» AGENT DUMMERS BILL OF EXCH'^. Iteconis of the 

Council, IX., 
223. 



Ordered thati\F Treasurer be directed to pay to Samuel Sewall Esq'' Ante, cha-p.m. 
the Sum of Two Hundred & eiofht Pounds five Shillings in Bills of Pub- Post', <-hiip. m. 

J-jGEriSlJltlVG 

lick Credit to answer M"' Agent Dummers Bill of Exchange of One Hun- Records of the 
dred eighty three Pounds fifteen Shillings. [^Passed August 22. 222?'^^'''^''''' 



CHAPTER 75. 

VOTE ACCEPTING THE COMMt^es REPORT ABOUT THE WEARE BRIDGE 

IN TAUNTON. 

Taunton July 23. 1712. Legislative 
Whereas we the Subscribers were at the Sessions of the General c.nincii', ix., ^ 

Court begun & held at Boston on the twenty eighth Day of May last '^ 

appointed a Committee to hear the Allegations of the Agents of the 
several Towns of Dartmouth Tiverton, Little Compton & Freetown & 
other the Gentlemen from any other the adjacent Towns in the County 
of Bristol, referring to the Continuing & Repairing the Weare Bridge 
over the great River in Taunton afore said, And to make Report thereon 
to the said Court at their next Sessions ; Thereupon we the said Sub- 
scribers pursuant to the afore said Order mett at Taunton afore said on 
the twenty third Day of July ; And proceeded on the Affair afore-said, 
And having heard the Allegations of the Select Men & other Inhabitants 
of Taunton afore said, & the Agents & Gentlemen concerned as afore 
said relating to the afore said Affair, And having also viewed the High 
Ways Roads & Bridges in the said Town of Taunton are humbly of 
Opinion that the said Weare Bridge is very convenient & necessary 
for the Publick & ought to be continued & kept in good Repair, And 
that the said Towns of Dartmouth, Tiverton, Little Compton & Free- 
town having Occasion for the said Bridge, & as yet but little Charge 
of that Nature among them selves ought to pay to the said Town of 
Taunton towards the present Repairs of the said Bridge the Sum of 
Twenty Pounds in Bills of Credit on this Province, to be proportioned 
upon & paid by each of the said Towns respectively according as the 
Province Tax is sett & apportioned upon each of them for this present 
Year ; And that the Towns of Dartmouth, Tiverton, Little Compton & 
Freetown for Ever after the Payment afore said be free & quit from 
any further Contribution towards the Repairing the said Bridge & that 
the said Town of Taunton having very great Occasion for the said 
Bridge & considerable Advantages by the said River, ought to bear 
the Residue of the Charge & take the Care of Maintaining & Repair- 
ing the said Bridge from Time to Time for the Future. 

Isaac Winslow John Gushing 

Nath'-^ Payne Seth Arnold. 

In Council : Read & Accepted. 
Concurred by the Representatives, the Charge of the Comm"'*' to be 
born half by the Town of Taunton the other Half by the other Towns 
abovementioned in' Proportion as they are to pay to the Bridge; each 
of of ^ them to receive five Shillings per Day for their Service & Ex- 
pences. [^Passed August 22.- 

» Sic. 

2 There is no record of action by the Council upon the provision added by the House 
of Representatives; but the usual words, " Consented to, J Dudley," follow the provision, 
as if the action was complete. 



256 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 76-78.] 



CHAPTER 76. 

VOTE ACCEPTING REPORT OF THE COMMITTEE ON THE DEEDHAM & 
NEEDHAM DIVIDING LINE. [Passed August 22. 

Record 8^of the [^Printed with resolves, orders, etc., ^'•granting lands, establishing 2)re- 
Councii, ix., cincts and jiarishes, and determining territorial boundaries. "'\ 



Ante, chap. 12. 



CHAPTER 77. 

RESOLVE GRANTING AN INDULGENCE TO THE INHARTs OF BOSTON FOR 
COVERING THEIR NEW BUILDINGS. 



Legislative 
Records of the 
Council, ix., 
224. 



Whereas by Reason of the Number of Brick Houses now in Build- 
ing & about to be built within the Town of Boston to repair the Wasts 
made there by the late great Fire, &. the Difficulty of Obtaining Tile 
or Slate timely enough for Covering the Roofs renders it impracticable 
presently to comport with the Law in that Respect, And the said Build- 
ings must for some Time be useless without a present Lidulgence for 
Covering in other Manner ; 

Resolved that it shall be in the Liberty of the Owners of all such 
Houses built or Building as afore said, or that hereafter may be built 
in the Town of Boston within the Space of two Years from this Time 
& no longer, to cover the same wnth Shingles or any other suitable 
Materials. Provided that they Slate or Tile the said Houses within 
four Years Time after the Roofs ai-e raised ; Any Law Usage or Cus- 
tom to the Contrary notwithstanding. \_Passed August 22. 



CHAPTER 78. 



Legislative 
Records of the 
Council, ix., 
225. 

Ante, chap. 47. 
Pos*, chap. 91. 



RESOLVE FOR IMPRINTING £.1000, IN BILLS OF CREDIT. 

Resolved that the Sum of One Thousand Pounds of Bills of Publick 
Credit on this Province be further & forthwith made by the Committee 
last appointed to make such Bills &, upon the same Plates wi-th the Bills 
ordered to be made the last Session, Who shall be paid for their Mak- 
ing them in the same Proportion as for the last they made : 

That the said Committee deliver to the Treas*^ the said Sum of One 
Thousand Pounds together with the two Thousand Pounds ordered to 
ly unsign'd in their Hands, having first signed them, taking his Receipt 
for the same And the Treasurer is hereb}'^ directed & impowered to issue 
forth & Emit the said Sum of Three Thousand Pounds towards Paj'ment 
of the publick Debts of the Province already contracted & the further 
growing Charge for the Defence thereof, for the Supplying & Subsist- 
ing of the Province Galley & Sloop, Forts Garrisons & Forces raised 
«fe to be raised & imployed within the same, & Wages arising for their 
Service, For Payment of Grants Salaries & Allowances made & to be 
made l>y this Court according to such Draughts as from Time^ shall be 
made upon him by Warrant or Order of the Governour by & with the 
Advice & Consent of the Council, And the said Bills shall pass out of 
the Treasury at the Value therein expressed equivalent to JNIoney, And 
shall be taken & accepted in all publick Payments at the Advance & 
after the Rate of Five Pounds per Cent. more. 

1 Sic. 



[2d Sess.] Province Laws {Resolves, etc.). — 1712-13. 257 

Au[d] that the Duties of Impost & Excise shall be a Fund & Security 
for the Kepaymeut & Drawing in of the said Bills to the Treasury again. 
\_Passed August 22. 



CHAPTER 79. 

ORDER UPON THE PETITION OF DANt-"- GELUSHA IN REGARD TO A GUN. 

Upon reading a Petition of Daniel Gelusha late of Dunstable setting Legislative 
forth that about six Years past, when the Indians attack'd & took the counciUx.^ ^ 

Garrison of Daniel Gelusha his Father in Dunstable, he being posted "^ 

there under her Majesties Pay, & serving wnth his own Armes, when 
Running hastily to take his own Gun by Mistake took one of the pub- 
lick Guns, & the Enemy pressing sore upon him he was forced to make 
his Escape, the House being burnt by the Enemy with his Gun & others 
therein, upon which Coll. Tyng stops Forty Shillings of his Wages for 
the said Gun, Praying for Relief; 

Ordered that the Petitioner return the Publick Gun to Coll Tyng 
& that he then take off the Stop of his Wages, And the Petitioner be 
further allowed twenty Shill°^ out of the Treasury for the Loss of his 
Gun. [Passed August 22. 



CHAPTER 80. 

VOTE ACCEPTING THE COMIVF^s REPORT ABOUT REPAIRS AT CASTLE W*. 

Pursuant to Order we viewed the late Repairs at Castle William Legislative 
and apprehend them well done & the Common Shore w^hich they are councif, fx.!^^ 

now about We esteem necessary ; We have also viewed the Wall of '^ 

the Inner Fort, W^** we find very defective & insufficient, but the Season ^nfe, chap. 6-2. 
of the Year being so far advanced that the Work would not consoli- -P"*'. ciiap, 13S. 
date : We are of Opinion it may be best now to mend the Breach in 
the said Wall, And take an earlier Season of the Year to rebuild it. 
(Sign'd) Elisha Hutchinson per Order of 

the Committee 

Read & Accepted. [_Passed August 22. 



CHAPTER 81. 

ORDER ABATING THO : PHILLIPS EXCISE FOR THIS YEAR. 

Upon reading a Petition of Thomas Phillips of Boston Retailer, Legislative 
Praying to be reimbursed the Sum of Ten Pounds Excise paid for ^ouucff ?x.*'^^ 
his last Years Di'aught or otherwise relieved in Consideration of his 2-26. 
great Loss sustained by the great Fire in the Town of Boston 

Voted That the Sum which the Petitioner is obliged to pay for Ex- 
cise the Year Currant be remitted & abated to him. [Passed August 23. 



258 



Province Laws {Resolves^ etc.). — 1712-13. [Chaps. 82-85.] 



Legislative 
Kecords of the 
Council, ix., 
230. 

Post, chap. 93. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-second Day of October, A.D. i 7 i 2. 



CHAPTER 82. 

ORDR ON SALEM NEW PRECINCT PETITION. 

A Petition preferred by Cpt. Samuel Gardner, Sam" Stone & Thorn- 
dick Proctor on Behalf of the Inhab" of the Middle or New Parish in 
Salem ; Read, Complaining of their being Assessed to the Support of 
the Ministry in the first Parish ; 

Ordered That the Petitioners cause the Select Men & Assessors of 
Salem to be notified of the Petition, And that they (one or more of 
them) be heard before this Court upon Wednesday the twenty ninth 
of of ^ October Curr' at two a Clock Post Merediem, If any Thing they 
have to say Why the Petitioners should not be relieved. \_Passed Octo- 
ber 23, 



CHAPTEE 83. 

VOTE APPOINTING A COMMITTEE TO RUN A LINE FROM ANGLE TREE 
TO ACCORD POND, WRENTHAM. [Passed October 23. 

Records^of the \_PTinted with I'esolves, orders, etc., '■'■ granting lands, establishing pre- 
Councii, ix., cincts and parishes, and determininq territorial boundaries. "~\ 

230. ± 1 .' J 



CHAPTER 84. 

ORDK REFERRING TO CHEBAQUEDOCK ISLAND, [rassed October 24. 

Record 8 ^of the [Printed toith resolves, orders, etc., " granting lands, establishing pre- 
Councii, ix., cincts and parishes, and deterraining territorial boundaries. "'\ 



CHAPTER 85. 



Legislative ORDER OF HEARING ON THE PETITION OF INHABITANTS OF ROYAL 
Records of the gipj; j^ SALEM & BEVERLY FOR A PRECINCT. [Passed October 25. 

232. ' ' "' • 

Post, chap. 141. [Printed with resolves, orders, etc., '•''granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries. "'\ 

1 Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1712-13. 259 



CHAPTER 86. 

ORDK FOR SALE OF SAM'-'' FOWLES LAND. 

Upon reading a petition of Robert Cutler & Joseph Wood Administ" Legislative 
on the Estate of Susanna Cook formerly Fowle, late of Charlestown council, ix., 

Widow Dec"^ & Guardians to Bariah Susanna & Sarah Fowle Daughters ?E: 

of the s** Dec*^, Praying the Revival of an Order of this Court at their 
Session in October 1709, for Sale of about Twenty five Acres of Up- 
land &> Meadow lying in Woburn without Fence remaining of y" Estate 
of Sam" Fowle Dec"^ 

Voted That the Prayer of the Petition be granted & that the Peti- 
tion" with Cpt. Sam" Phipps joined with them as Trustee be impow- 
ered to make Sale of the Land, pursu-ant to the Grant of this Court 
Oct. 26 : 1709, to w'^'' the Petition refers, so that the Money produced 
by the Sale of the Land within mentioned be employed for Paym' of 
Sam^ Fowles Debts «fe the Overplus for the Education of the Children. 
\_Passed October 25. 



CHAPTER 87. 

RESOLVE ALLOWING £.5„ 11 „ 6, TO JOHN BURRILL ESQ^ FOR A BEACON 

AT NEHANT. 

An Accompt presented by John Burrill Esq"' of v*^ Charge of Erect- Legislative 

• 1 - »/ X ^ o Records of the 

ing a Beacon at Nahant in Lyn in March last past amounting to Five council, ix., 

Pounds seventeen Shillings & six Pence with the Resolve pass'd thereon '^ 

by y^ Repres^'^' Viz, Posi;, chap. i45. 

Resolved that the Sum of Five Pounds seventeen Shillings & six 
Pence be allowed & paid out of the publick Treasury to John Bur- 
rill Esq' to discharge the Ace** on the other Side : Read &, Concur'd. 
\_Passed October 28. 



CHAPTER 88. 

RESOLVE ALLOWING £.20, TO COLL. W« DUDLEY. 

Resolved that the Surti of Twenty Pounds be allowed & paid out Legislative 
of the publick Treasury to Coll : William Dudley in full for his Ser- councu' i*If'^ 

vice as Secretary at War in an Expedition to Port-Royal under the ^^ 

Command of Collonel March in the Year 1707. [Passed October 29. Legislative 

"- Records of the 
Council, ix., 
; . 226. 



CHAPTER 89. 



RESOLVE ALLOWING TO RICH" HARRIS & JEFFRY BEDGOOD £.20, EACH. 

Resolved that there be allowed & paid out of the publick Treasury Legislative 
to Rich-i Harris & Jeffry Bedgood, Pilots in the late intended Expedi- c^unctu*"'® 
tion to Canada, & ordered by this Governm' to attend her Majesty, the 234. 
Sum of Twenty Pounds each ; Viz, Ten Pounds for one Months Pay, 
which they have not rec*^ & ten Pounds, for each of their Passage Home. 
[Passed October 29. 



260 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 90, 91.] 



Legislative 
Records of the 
Council, ix., 
234. 



CHAPTEK 90. 

RESOLVE ALLOWING W" HOLLAND £.12. 

Resolved that there be allowed & paid out of the Publick Treasury 
to William Holland late Captive in Canada & ordered by the Governm' 
to attend her Majesty with an Account of that Countrey the Sum of 
Twelve Pounds in full for his Passage home &, what he petitions for. 
\_Passed October 29. 



CHAPTEK 91. 



RESOLVE FOR PRINTING £.7000, IN BILLS & £.3000, MORE TO BE RE- 
PEATED.' 



Legislative 
Records of the 
Council, ix., 
234. 

Ante, chap. 78. 
Post, chap. 147. 



Resolved that the Sum of Seven Thousand Pounds of Bills of publick 
Credit on this Province be further & forthwith made by the Committee 
last appointed to make such Bills & upon the same Plates with the Bills 
last made (Saving that there be double the Number upon the smallest 
Plates) who shall be paid for their Making them in the same Propor- 
tion as for the last they made, That they deliver the said Bills to the 
Treasurer, taking his Receipt for the same ; 

And the Treasurer is hereby directed & impowered to issue forth & 
Emit the said Sum of Seven Thousand Pounds together with the Sum 
of Three Thousand Pounds more of the Bills of Publick Credit that are 
or shall be received into the Treasury towards Payment of the Publick 
Debts of the Province already contracted & the further growing Charge 
for the Defence thereof, for the Supplying & Subsisting of the Forts 
Garrisons & Forces raised & to be raised & employed within the same 
& Wages arising for their Service, For Payment of Grants Salaries & 
Allowances made & to be made by this Court according to such Draughts 
as from Time to Time shall be made upon him by Warrant or Order from 
the Governour by & with the Advice & Consent of the Council ; And 
the said Bills shall pass out of the Treasury at the Value therein ex- 
pressed equivalent to Money & shall be taken & accepted in all pub- 
lick Payments at the Advance & after the Rate of Five Pounds per 
Cent more : 

And that the Duties of Impost & Excise shall be a Fund & Security 
for y*' Repayment & drawing in of the s*^ Bills to the Treasury again, 
so far as that will reach ; 

And as a further Fund &, Security for the same, for the Paying 
of Soldiers Wages, And for Defraying the further necessary grow- 
ing Charge of the Province, the Defence of her Majesties Subjects & 
Interests within the same & Support of the Governm' thereof, There 
be & hereby is granted unto her most Excellent Majesty to the Ends 
«& Uses afore said a Tax of Ten Thousand Pounds, seven Thousand 
Pounds thereof to be levied on Polls «fe Estates both Real & Personal 
within this Province, according to such Rules & in such Proportion 
upon the several Towns & Districts within the same as shall lie agreed 
on & ordered by the Great & General Court or Assembly of this Prov- 
ince at their Session in May One Thousand seven Hundred & seventeen, 
And three Thousand Pounds at their Session in May One Thousand 
seven Hundred & eighteen. To be paid into the Trea[sury] seven Thou- 

1 Printed in the notes to the Acts of the year 1712-13, Province Laws, i., 707. 



[3d Sess.] Province Laavs (Jiesolves, efc). — 1712-13. 261 

sand Pounds on or before the last Day of May One Thousand, seven 
Hundred & eighteen, And the remaining Three Tiiousand Pounds on 
or before the last Day of November One Thousand seven Hundred & 
Eighteen. [Passed October 29. 



CHAPTER 92. 

VOTE APPOINTING A THANKS-GIVING. Legislative 

Records of the 

Advised that a Gen" Thanks-Giving be celebrated through out this 235. 



Province upon Thursday the twentieth of November next. [Passed ^??ie,ciiap.i49. 

Executive 
Records of the 
Council, v., 612, 



Ootnher 2Q Executive 

uuouei ^i/. Records of the 



CHAPTER 93. 

VOTE DISCHARGING SALEM PRECINCT FROM PAYM"^ TO THE MINISTRY 
IN THE BODY OF THE TOWN. 

On Consideration of the Pleas & Allegations respectively made Legislative 
by the Agents for the New Precinct in Salem & the Select Men & councif?x*^® 
Assessors of the said Town relating to an Assessm' made upon the 236. 
Inhabitants of the said Precinct towards the Support of the Ministry Ante, chap. s2. 
in the Body of the Town in a full Hearing had yesterday before this 
Court ; 

Resolved & Declared that the said Precinct being sett off by Order 
of this Court, And having worthily performed their Engagem' in Erect- 
ing a convenient Meeting House for the publick Worship of God & 
settled a learned orthodox Minister, & Provided an honourable Sup- 
port for him. They are not further chargeable to the Support of the 
Ministry in the Body of the Town being no longer of the Audience 
there, 

And the Assessment made lately upon the Inhabitants of the said 
Precint for the Ministry in the Body of the Town by the Select Men 
& Assessors & all Warrants issued for the Collecting & Destraining 
for the same be & hereby are superseded & made null & void. [Passed 
October 30. 



CHAPTER 94. 

RESOLVE ALLOWING TO SUSANNAH HEWET £.1 ,, 17, & HER SONS WAGES. 

In answer to the Petition of Susanna Hewett Widow ; Legislative 

Resolved that the Sura of One Pound seventeen Shillings be allowed councif fx '^''* 
& paid out of the Publick Treasury to the Petitioner to defray the 236. 
Charge of her Son John Hewetts Sickness & Funeral, being taken 
sick whilst in her Majesties Service, And that the Treas' be directed 
to pay the Wages due to him upon the Sloop Anns Muster Roll to 
the Petitioner. [Passed October 30. 



262 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 95-98.] 



Legislative 
Records of ttie 
Council, ix., 
237. 

Post, chap. 151. 
Executive 
Records of the 
Council, v., 604, 
607. 



CHAPTER 95. 

VOTE ACCEPTING THE COMISSARY GEN^-i-s ACCOMPTS REPORTED. 

A Report of a Committee appointed by the House of Represent- 
atives to examine & audit the Accompts of Andrew Belcher Esq'' Com- 
missary Gen^ Viz, That they had examined his Accompts from Feb : 
25. 1711, 12. to Sept : 10. 1712, & find them right cast & well vouch'd,- 
And that on the said tenth Day of September there was due from the 
Province to the said Commissary, the Sum of Eight Hundred sixty nine 
Pounds fourt" Shillings and two Pence, As was reported by the Comm'^* 
of the Hon^'^ Council that audited the said Accompt. 

(Sign'd) Tho : Fitch James Smith, 

Sam^^ Porter, Atherton Mather : 

Comm'*® 

Read & Voted a Concurrence with the Order pass'd thereon in the 
House of Representatives; Viz, That the Report above written be 
Accepted & the Commissary be discharged accordingly. [^Passed 
October 31 . 



CHAPTER 96. 



RESOLVE ALLOWING TO BEAMSLY PERKINS £.12,, 1,, 4, CHARGES ON THE 

DISPATCH FRIGOTT. 



Legislative 
Records of the 
Council, ix., 
237. 



An Accompt of Charges expended by Cpt. Beamsly Perkins for Fit- 
ting out the Dispatch Frigott a Transport in the late intended Expedi- 
tion to Canada, with a Resolve pass'd thereon in the House of Repres"*' 
Read & Concur'd : Viz, 

Resolved that the Sum of twelve Pounds one Shilling & four Pence 
be allowed & paid out of the publick Treasury to Cpt. Beamsly Per- 
kins the Accomptant in full of his Accompt. \_Passed October 31. 



CHAPTER 97. 

RESOLVE REFERRING TO THE ISLAND OF TUCKANNOCK. {Passed Novem- 
ber 1. 

Legislative [^Printed vnth resolves, orders, etc., ^'•granting lands, establishing pre- 

Councii, ix., ciucts and parishes, and determining territorial boundaries. "'\ 

238. 



CHAPTER 98. 

ORDER OF HEARING ON TOPSFIELD PETIT^. [Passed November 1. 

Recordfonhe \_Printed with resolves, orders, etc., ^''granting lands, establishing pre- 
councii, ix., ciucts and parishes, and determining territorial boundaries."'] 



[3d Sess.] Province Laws {Resolves, etc.). — 1712-13. 263 



CHAPTER 99. 

ORDER OF HEARING ON HATFIELD PETITION. [Passed November 1. 

\_Printed with resolves^ orders^ etc., ^^ granting lands, establishing pre- Legislative 
ciyicts and parishes, and detertnining territorial boundaries."!^ Records of the 

238. 



CHAPTER 100. 

ORDER REMITTING TO COMMISSARY PREBBLE £.5„ 4,, 2, THE BALL^^ OF 

HIS ACCO. 

An Accompt of Cpt. Abraham Prebble Commissary at York for Legislative 
Provisions wanting; Sent up from the Representatives with their ^^^^^'^fj^*^® 
Order thereon; Viz, That the Ballance that M' Commissary Prebble 238. 
is indebted by the Accompt above upon the adjusting his Accompts 
be remitted to him, being Five Pounds, four Shillings & two Pence : 
Read & Voted a Concurrence. \_Passed November 1. 



CHAPTER 101. 



ORDER CONFIRMING SURVEY OF LAND LAID OUT TO M^ JN'' COTTONS Legislative 

HEIRS. [Passed November 3. Records of the 

Council, IX., 
239. 

\_PTinted ivith resolves, orders, etc., '■'' granting lands, establishing ptre- Maps and 
cincts and parishes and determining territorial boundaries. ""] Plans, iv., 7. 



CHAPTER 102. 

RESOLVE ALLOWING TO MARTIN KELLOG £.25. 

Resolved that the Sum of Twenty five Pounds be allowed & paid out Legislative 
of the publick Treasury to Martin Kellog of Deerfield in full of his Peti- couS i'x.!^^ 

tion for a Ransom paid to obtain his Liberty from the Indians, Expeuces ?^£: 

at Quebeck & for the Loss of his Arms &c being taken Prisoner when 
in her Majesties Service. \_Passed November 3. 



CHAPTER 103. 

RESOLVE ALLOWING TO MAHUMIN HINSDALE £.6„ 15. 

Resolved that the Sum of six Pounds fifteen Shillings be allowed & Legislative 
paid out of the Publick Treasury to Mahumin Hinsdale in full of his SundUx.f® 

Petition for Charges '& Expence to obtain his Liberty from the Indians '^ 

&c. being taken Prisoner about three Years since carried to Canada & 
from thence transported to old France. [^Passed November 3. 



264: 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 104-107.] 



Legislative 
Records of tlie 
Council, ix., 
240. 

Ante, chap. 74. 
Post, chap. 105. 



CHAPTER 104. 

RESOLVE FOR PAYING TO M" AG^ DUMMER £.5,, 1,, 6, STERL^. 

Resolved that M'' Agent Dummer be repaid by the Province the Sum 
of Five Pounds one Shilling & six Pence Stei'ling, w*^"" ^ Mahunim - Hins- 
dale & Joseph Clesson borrow'd of him in London : 

And that the Sum of Four Pounds one Shilling & six Pence ^. be 
allow'd & paid out of the Publick Treasury to Joseph Clesson. \_Passed 
November 3. 



CHAPTER 105. 



RESOLVE ALLOWING TO JOS: CLESSON £.20. 



Legislative 
Records of the 
Council, ix., 
240. 



Resolved that the Sum of Twenty Pounds be allowed & paid out 
of the Publick Treasury to Joseph Clesson in full of his Petition for 
Charges & Expences to obtain his Liberty from the Indians, for his 
^rt<e, chap. 104. necessary Support & Passage Home being taken Prisoner about three 
Years since, Carried to Canada & from thence transported to Old 
France. \_Passed November 3. 



CHAPTER 106. 



Legislative 
Records of the 
Council, ix., 
240. 



RESOLVE ALLOAVING TO IS^ CHASE £.!„ 18. 

Resolved that the Sum of Thirty eight Shillings be allowed & paid 
out of the Publick Treasury to Isaac Chase in full of his Acc° of 
Ferryage. \_Passed November 4. 



CHAPTER 107. 

ORD" FOR THE SUPPORT OF THE MINISTRY IN THE EAST & MIDDLE 
PRECINCT IN WATERTOWN. 



Legislative 
Records of the 
Council, ix., 
341. 

Ante, chap. 7'2. 
Post, chap. 135. 



Whereas by the Direction & Order of this Court the Ministers of 
the respective Churches & Congregations in the Easterly & Middle Pre- 
cinct or Division of the said Town of Watertown have been supported 
by a voluntary Subscription of the Auditors in the several Congrega- 
tions &c made divers Years past, whereto they obliged their Persons 
& Estates, Since which by Reason of Death & Removal of many Per- 
sons & Alienations made of Estates, that Way & Method is become 
less practicable than heretofore, as is insinuated upon a Hearing had 
of Agents for the said respective Congregations before this Court & 
the annual Pajnnent made to the Ministers in the sev" Congregations 
being little different. Viz, about eighty four Pounds per Annum to 
each ; 

It is therefore Advised & Directed that the Payment to the said Min- 
isters be continued at Eighty four Pounds per Annum each ; 

And that the Sum of One Hundred sixty eight Pounds be henceforth 
annually assess'd & levied upon the Inhabitants of the said two Pre- 
cincts by the Assessors of the Town for the Support of the Ministry 



> Written thus, " w' 



2 "Mahumin" in chapter 103. 



[3d Sess.] Province L.uvs {Resolves, etc.). — 1712-13. 265 

in those two Divisions by the Rules established by Law for apportion- 
ing of Town Taxes & to be added thereto, & Collected with their other 
Assessments into the Town Treasury & to be issued & paid by the Town 
Treasurer or Select Men in equal Proportion to the Ministers of the 
afore said two Precincts ; that the Charge of Repairing the Meeting 
Houses & Ministers Houses or for Purchasing furtiier Accomodations 
for the Ministry as also all past dues to y*^ Ministry since the Parting 
of the Congregations be born & paid by each Congregation separately 
& respectively, & each Congregation is authorized & impowered to 
levy & collect the same distinctly & separately accordingly. 

The two Precincts to bear the Charge of Removing the middle Meet- 
ing House more Westerly, when that Precinct shall determine so to do : 

This Order being effectually put in Execution, the former Method 
for the Support of the said Ministry thenceforth to cease & determine. 
[^Passed November 4. 



CHAPTER 108. 

ORDER OX REHOBOTH ADDRESS. 



An address of the Town of Rehoboth Praying a Respite of this Courts Legislative 
Advice referring to the Support of two Ministers in the said Town ; Read, councif ix *^*^ 
& referred to Consideration at the next Session of this Court in May, As 242. 
also a Petition of Samuel Peck & others of the said Town relating to ^n<e, chap. 27. 
the Ministry. \^Passecl November 5. 



CHAPTER 109. 

ORD« UPON Y= HEARING OF KITTERY LOWER PRECINCT. [Passed .Vorew- 

ber 5. 

[^Printed ivith resolves, orders, etc., ^^ granting lands, establisJiing j^re- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ coundf fx.**^^ 

242. 



CHAPTER 110. 

RESOLVE ALLOWING TO L'^ DAN'i- GILBERT £.h „ 13. 

Resolved that the Sum of Five Pounds & thirteen Shillings be allow'd ^"^-^*®J^^'^® . 
& paid out of the Publick Treasury to Lieutenant Daniel Gilbert in full council, ix., 

of his Charge & Expence for Doctors & Attendance in his Sickness '^ . 

being taken sick whilst in her Majesties Service. \_Passed November 6. 



CHAPTER 111. 

RESOLVE FOR PAYING TO REB. SANGER £.3„ 16„ 2. 

Resolved that the Sum of Three Pounds sixteein Shillings & two Pence Legislative 
be paid out of the publick Treasury to Rebekah Sanger for Sickness & cmmcf f ?x *'^^ 
Funeral Charges of her Son John Sanger taken sick in her Majesties 243. 
Service & sixteen Shillings to Palsgrove Willingtou the Doctor. [^Passed 
November 6. 



266 



'PnoYiNCii Laws (Besolves, etc.). — 1712-13. [Chaps. 112-115.] 



CHAPTER 112. 



RESOLVE ALLOWING TO RICHd JACKMAN £.10. 



Legislative 
Records of the 
Council, ix., 
243. 

Ante, chap. 18. 



Besolved that the Sum of Ten Pounds be allowed & paid out of the 
Publick Treasury to Richard Jackman in full of his Petition for Doctors 
& Charges on his Son Sam" Jackmans Sickness being taken sick whilst 
in her Maj'®^ Service. [^Passed November 6. 



Legislative 
Records of the 
Council, ix., 
24.?. 



CHAPTER 113. 

ORDER ON JOHN WEBSTERS PETITION IN REGARD TO AN ACTION OF 

TRESPASS. 

Upon reading a Petition of John "Webster of Hampton, Setting forth 
That in an Action of Trespass brought against him by Cpt. John Wad- 
leigh of Salisbury for Cutting Thatch or Sedge in a certain Piece of 
Marish Ground belonging to the Petitioner, lying in the Township 
of Hampton within the Province of New-Hampshire, three Miles & a 
Quarter distant from Merimack River in any Part thereof, depending 
in the Inf' Court within the County of Essex, under Advisem' upon 
the Petitioners Plea to the Jurisdiction ; Praying the Cause may be 
superseded. The Line betwixt the two Provinces not being adjusted 
& settled ; 

Ordered that the said Cause be superseded for six Months next Com- 
ing, And that the Justices of the Court govern them selves accordingly. 
\_Passed November 7. 



CHAPTER 111. 



ORDER OF INSTRUCT'' TO Y^^ COMMteb FOR Y« PROV: & COURT HOUSE. 



Legislative 
Records of the 
Council, ix., 
244. 



Ordered that it be an Instruction to the Committee appointed to 
build the Province & Court House, that they fit the East Chamber for 
the Use of his Excellency the Govern^ & the Hon"" the Council, the 
PoSchap.'ns. Middle Chamber for this House the West Chamber for the Sup' & InP 
Courts. \_Passed November 7. 



CHAPTER 115 



ORDER FOR ONLY TWO OFFICES BELOW STAIRS IN Y= PROV: & COURT 

HOUSE. 



R^c'rds^^f th Ordered by both Houses that there be but two Offices below Stairs 
Councir, ix., in the Province & Court House now Building in Boston, One for the 
^*^- Secretary the other for the Register of Deeds in the County of Suffolk. 



ifsrAut [^««^«^ November 7. 



Pos^, chap. 148. 



£3d Sess.] Province Laavs {Resolves^ etc.). — 1712-13. 267 

CHAPTER 116. 

RESOLVE ALLOWING TO M« PRESIDE LEVERET £.30. 

Resolved that the Sum of Thirty Pounds be added to the Allowance Legislative 
■of the Rev<* M' John Leveret, President of Harvard College for the Year counctux.l^® 
next coming & p*^ out of y*" Publick Treasury. [Passed November 7. 244. 



CHAPTER 117. 

■ORDER ON COLL. CHURCH'S PETITION FOR SETTLEMENT OF LINE OF Legislative 

LANDS ON TAUNTON RIVER. \Passed November 7. Kecords of the 

Council, Ix., 
244. 



{^Printed with resolves., orders., etc., '''■granting lands^ establishing jjre- Mass^ 
•cincts and parishes, and determininq territorial boundaries."'] Archives, 

■^ ' ^ -^ xlv., 389-396. 



CHAPTER 118. 



ORDER OF HEARING ON TAUNTON PETITION. 



Upon reading a Petition of the Select Men of Taunton refering to Legislative 
the Payment of Arrears due to M"" George Shove their former Minister, councif ?x **^^ 
AYhilst the South Precinct (now sett off a distinct Town by the Name of 244. 
Dighton) was then Pai't of Taunton, Praying that they may be ordered 
to pay their Part of the said Arrears ; 

Ordered that the Petitioners serve Jared Talbot Esq' & other princi- 
pal Inhabitants of the Town of Dighton with a Copy of the Petition, 
That they may shew Reason if any they have Why the Prayer thereof 
may not be granted, on the first Fryday of the next Session of this 
Court, Unless the Matter of Difference be agreed before that Time. 
[^Passed November 7. 



CHAPTER 119. 

ORDER GRANTING THO: CHITTEY'S PETITION FOR SALE OF LAND. 

Upon reading a Petition of Thomas Chettey in Behalf of him self Legislative 
& Dorcas his Wife, Mary Clark & the Rest of the Children of Jacob c^unclux.!''^ 

Green of Charles-town Dec** Praying to be Enabled to make Sale of two !li: 

Third Parts of a certain Piece of Land lying scituate in Boston near the Post, cimiy. i4o. 
Town House, the other Third being held by Samuel Bill & lies undivided, 
the Buildings thereon being desolated by the Great Fire, The Land being 
uncapable of a Division to Advantage or of separate Buildings, so lies 
dead, W^ can be disposed of & the Money put out for the Benefit of 
the Petition' & y" Rest of y<= Children 

Ordered that the Prayer of the Petition be granted & a Bill be drawn 
accordingly ; Provided that the Land be Security for the Principal & 
Interest of the Minors. [_Passed November 7. 



268 



Froyi^cb 'Laws (Besolves, etc.) . — 1712-13. [Chaps. 120-122.] 



CHAPTER 120. 



ORD'' ON JOSHUA SEEKNOUTS PETITION IN REGARD TO A JUDGMENT 
BY DEFAULT AGAINST HIM. 



Legislative 
Records of the 
Council, ix., 
245. 

Legislative 
Records of the 
Council, ix., 
255. 



Upon reading a Petition of Joshua Suckenot Indian Sachem of the 
Island of Chepaquidock in Dukes County, Praying that a Cause lately 
given against him by Default in the Inferiour Court of Common Pleas 
holden at Edgar Town in the said County in an Action of Trespass 
brought against Nicholas & Phinehas Norton by John Norton before 
Benjamin Skiffe Esq"" one of her Majesties Justices on the eighteenth 
of August 1712, Where the Petitioner at his Request was admitted 
Defend' & obtained Judgem' for Costs From w'^'' the said John Norton 
appealed to the Inf"^ Court afore said & there obtained the Judgem' by 
Default ; Praying that the said Cause may be brought to the next Sup"" 
Court of Judicature to be holden at Plimouth & that the said John Nor- 
ton be obliged there to appear, that the Issue between him & the Peti- 
tioner may be there tryed ; 

Ordered that the Prayer of the Petition be granted. That the Cause 
be brought to the next Superiour Court of Judicature to be holden at 
Plimouth & that an Ord'' be drawn accordingly.^ \_Fassed November 8. 



Legislative 
Records of the 
Council, ix., 
245. 

Ante, chap. 55. 



CHAPTER 121. 

RESOLVE ALLOWING £.250, TO HIS EX*''' THE GOV«. 

Resolved that the Sum of Two Hundred & fifty Pounds be allowed 
& paid out of the Publick Treasury to his Excellency Joseph Dud- 
ley Esq' Captain General & Governour in Chief of this her Majesties 
Province, for his Support in Managing the Affairs of the Government. 
[^Passed November 8. 



CHAPTER 122. 



RESOLVE ALLOWING £.60, TO IS^ ADDINGTON ESQR. 



R^fonKthe Resolved that the Sum of Sixty Pounds be allowed & paid out of 
Council, ix., the Publick Treasury to the Honourable Isaac Addington Esq"' for 

his extraordinary Service for this Province the Year Curr'. \_Passed 

November 8. 



246 



1 In the following January Seeknout petitioned the legislature for the order which was 
to be drawn in his favor, and received it in these terms : — 

" Ordered that the Prayer of the Petition be granted, & That the Court receive & hear 
the Cause accordingly the Petitioner Causing the adverse Party to be served with a copy 
of this Order by the Sheriff or his Deputy fifteen Days at the least before the Sitting of the 
said Court." — Legislative Records of the Council, ix., 255. 

The Secretary's record of this second petition sets out more fully the nature of the suit 
in question. It is here stated that Seeknout complained " of undue Proceedings in a Suit 
brought by John Norton against Nicholas & Phincas Norton for Trespass for Driving a 
Mare of the said John Nortons off the said Island by Direction of the Petitioner, And in 
which Suit he was admitted Defendant." — Ibid. 



[3d Sess.] Province Laws {Resolves, etc.). — 1712-13. 269 

CHAPTEE 123. 

RESOLVE ALLOWING £.200, TO THE COMMISSARY GENERAL. 

Resolved that the Sum of Two Hundred Pounds be allowed & paid i®^^'?*^^?,. 
out of the Publick Treasury to the Hon'''^ Andrew Belcher Esq' Com- council, ix., 

missary Geu" for his good Service in the said Office the Year past, !!£: 

Ending y^ nineteenth Day of August last. \_Passed November 8. 



CHAPTEE 124. 

RESOLVE ALLOWING £.30, TO M" JN« WHITE. 

Resolved that the Sum of Thirty Pounds be further allowed & paid Legislative 
out of the publick Treasury to John White Clerk of this House ^ for counciMx., 
his Service in the Year Currant. [_Passed November 8. ^*^- 



^«ie,chap.60. 



CHAPTEE 125. 

RESOLVE ALLOWING £.20,, 15, TO JOSEPH BARTLET. 

Resolved that the Sum of Twenty Pounds &, fifteen Shillings be Legislative 
allowed & paid to Joseph Bartlett in full of his Petition of Charges coundf.ix.!''^ 
&. Expences to obtain his Liberty from the Indians being taken Pris- g'^e. 
oner at Haverhill when in her Majesties Service in the Year 1708 : & 
for his Support during four Years Captivity &"the Loss of his Arms. 
\_Passed November 8. 



CHAPTEE 126. 

RESOLVE ALLOWING £.8„ 19, TO COLL. THO: NOTES. 

Resolved that the Sum of Eight Pounds & nineteen Shillings be Legislative 
allowed & paid out of the publick Treasury to the Hon"'' Coli. Thomas couucif, tx!,^^ 
Noyes for Snow Shoes omitted in his former acc°. [^Passed Novem- -246. 

ber 8. Province 

Laws, ix., 

CHAPTEE 127. 

RESOLVE ALLOWING £.1, TO JOHN WEBBER. 

Resolved that the Sum of One Pound be allowed & paid out of y* Legislative 
publick Treasury to John Webber Ferry Man at Cape Neddock in full counclf, ix.!''^ 
of his Accompt of Ferryage. [^Passed November 8. •246. 

1 The Council concurred. See Legislative Records of the Council, ix., 245, preamble 
to the resolve in favor of Dudley. 



270 



Province Laws {Besolves, e^c.). — 1712-13. [Chaps. 128-132.] 



CHAPTEE 128. 



RESOLVE ALLOWING £.3,, 15,. 9, TO EDW^ SERGEANT. 

Rlfords*onhe Resolved that the Sum of Three Pounds fifteen Shillings & nine Pence 
^uncii, ix., be allowed & paid out of the Publick Treasury to Edward Sergeant in 
full of his Accompt of Ferry age. \_Passed November 8. 



246, 



CHAPTER 129. 



Legislative 
Records of the 
Couucil, ix., 
246. 



RESOLVE ALLOWING £.4„ 10, TO JON'^ FARNSWORTH. 

Resolved that the Sum of Four Pounds ten Shillings be allowed & 
paid out of the Publick Treasury to Jonathan Farusworth in Grotton 
for Charges by him expended upon Jn° Wheeler a sick Soldier in her 
Majesties Service in the Year 1711. \_Passed November 8. 



Legislative 
Records of the 
Council, ix., 
246. 

Ante, chap. 67. 



CHAPTER 130. 

RESOLVE ALLOWING £.4, TO SAW-^ MAXWELL. 

Resolved that the Sum of Four Pounds be allowed & paid out of the 
Publick Treasury to Samuel Maxwell for his Service as Door-keeper 
to the House of Representatives this Session & the last. \_Passed 
November 8. 



CHAPTER 131. 



Legislative 
Records of the 
Council, ix., 
246. 



RESOLVE ALLOWING £.13,, 10, TO CPT. GYP. SOUTHACK. 

Resolved that the Sum of Thirteen Pounds ten Shillings be allowed 
& paid out of the Publick Treasury to Cpt. Cyprian Southack in full 
for his Loss of Time in Drawing of Maps, Meeting of Pilots, & Ex- 
pence in Manning of Transports. \_Passed November 8. 



CHAPTER 132. 



ORDER CONTINUING THE WHITE & DOWDING CASE. 



Legislative 
Records of the 
Council, ix., 
246. 



Ordered that the Hearing betwixt Edward White & Joseph Dowding 
depending before this Court be continued to the next Session. ' \_Passed 
November 8. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1712-13. 271 

CHAPTER 133. 

ORDER IMPOWERmG MEHETABEL DWIGHT TO SELL LAND. 

Upon reading a Memorial presented by Mehetabel Dwight Relict Legislative 
Widow & Sole Administ^ of the Estate of her Husband Nath" Dwight SundUx.!*"" 

late of Northampton Dec^ Setting forth that her said Husband dying ?£: 

seized of a House & Homestead in Enfield formerly Joseph Saxtons 
&, a certain Tract of Land in Springfield formerly John Kellums «fe 
some Land in Brookfield did in his Life Time verbally contract &. con- 
vey the said Land to divei's Persons having also considerable Debts 
to pay, Which she is unable to discharge without Alienating some Part 
of her said Husbands Estate ; Praying that she may be licenced together 
with her Father Samuel Patridge Esq' joined with her to sell the said 
Land & make legal Conveyance thereof ; 

Ordered that the Prayer of the Petition be granted & the Petitioner 
with her Father Samuel Patridge Esq"^ are hereby impowered to make 
Sale of the Lands within mentioned & to Execute Deeds accordingly. 
\_Passed November 8, 



272 



Province La^ys (Besolves, etc.). — 1712-13. [Chaps. 134-136.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirty-first Day of December, A.D. 171 2. 



CHAPTER 134:. 



Legislative 
Records of the 
Council, Ix., 
241). 

Ante, chap. 25. 



ORDER GRANTING THE PETITION OF WEST MEDFIELD FOR A SCHOOL 

HOUSE, ETC. 

The following Order upon the Petition of sundry of the Inhabi- 
tants living on the Westerly Side of Charles River within the Town 
of Medfield ; Pass'd in Council at the August Session was upon a 
second Petition now offer'd Voted to be revived & was concurred by 
the Representatives; Viz, 

Upon a Hearing had of both Parts of the Town the Court are of 
Opinion that it is necessary there be an Audience & Schooling in the 
Western Part of the Town : And recommend it to the Considera- 

tion of the whole Town in a publick Meeting to agree upon a reason- 
able Allowance to their Bretheren in the Western Part of the Town 
to Assist in Building their Meeting House, As also to an annual Sum 
to be raised in Joint for the Support of the Ministry & Schooling in 
both Parts of the said Town betwixt this & the Session of this Court 
in May next 1713 : And in Default thereof the Court then to pro- 

ceed to a further Consideration of the Petition. \^Passed January 1. 



CHAPTEE 135. 

Legislative ORDER ESTABLISHING A NEW TOWN NAMED WESTON. {Passed January 1. 

Records of the 
Council, ix., 

^'lO- \^Printed with resolves, orders, etc., '■'■granting lands, establishing pre- 

^n<e, chap. 107. ciyicts and parishes, and determininq territorial boundaries."! 

Post, chap. 152. i ^ J j 



CHAPTEK 136. 



Legislative 
Records of the 
Council, ix., 
251. 



VOTE REMITTING TO JOS. HILLER £.12, EXCISE. 

Upon reading a Petition of Joseph Hiller of Boston Retailer, Pray- 
ing to be remitted the Sum of Twelve Pounds set upon him for Excise 
in the Year 1711. his Habitation being consumed in the great Fire hap- 
pening in the said Town on the second of October in the same Year, In 
which he lost a considerable Value in Drink as well as in other Goods, 
who was one of the principal Sufferers by that Fire ; 

Voted that the Prayer of the Petition be granted. [^Passed January 3. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1712-13. 273 

CHAPTER 137. 

VOTE IMPOWERING MARY GIBBS TO MAKE SALE OF LAND. 

Upon reading a Petition of Mary Gibbs of Boston AVidow Relict Legislative 
& sole Administratrix of Robert Gibbs Merch' Dec*^ Setting forth council^, ix., 

that some Tenements in Cornhill Street in Boston the Estate of her '^^ 

late Uec*^ Husband were consumed in the late Fire in October 1711. 
Whereby her Income for the Support of her Family & Education of 
her Children is diminished, And she having undertaken to build upon 
the said Land for the Advantage of her self & Children, And the Stock 
left by her Husband not being sufficient without great Detriment to 
her Trade to finish the said Buildings, Praying she may be Enabled 
& Impowered by this Court to sell a certain Parcell of Pasture Land 
scituate in Boston near to Charles-town Ferry purchased by her Hus- 
band a little before his Decease the better to Enable her to defray 
the Charges of Building on the said Land in Cornhill which will be of 
greater Benefit & Improvement to her self & Children then the small 
Rent of the said Pasture ; 

Voted that the Prayer of the Petition be granted. [Passed January 3. 



CHAPTER 138. 

VOTE ACCEPTING REPORT OF THE COMM^ee ABOUT REPAIRS AT 

CASTLE W. 

The Report of the Committee appointed to view the Breaches made Legislative 
by the late Storms at Castle William ; Viz, coun^f, fi "'^ 

Having been down & viewed the same, & finding that the Ravelins '^ 

on the Easterly & Westerly Sides are very much impaired, Are of ^n<e, chap. so. 
Opinion that the same be repaired by suitable Stone Wall made about 
them & also that the Easterly Side of the Chappel be repaired. 
Jan. S'i 1712. (Sigu'd) Is^ Winslow 

in the Name of the Comm'^* 

Read & Accepted. \^Passed January 3. 



CHAPTER 139. 

RESOLVE ALLOWING £.33, TO BENJ^ JOHNS FOR HOUSE RENT FIRING 

& CANDLES. 

Resolved that the Sum of Twenty five Pounds be further allowed «fe Legislative 
paid out of the Publick Treasury to M"- Benjamin Johns in full for the counc'iUx.f^ 

Use the Government has made of his House the Year past, Ending the '^ 

17"' Day of October last, & the further Sum of Eight Pounds in full for 
Fire Wood & Caudles to the End of the present Session. [^Passed Jan- 
uary 3. . 



274 



Province Laavs (i?eso?ve«, ete. ) . — 1712-13. [Chaps. 140-142.] 



CHAPTEE 140. 

ORDER IMPOWERING THO: CHETTEY &c TO SELL LAND. 

LegiBiative^^ XJpON READING a Petition of Tiiomas Chettey & Dorcas his Wife & 
Council, ix., Mary Clark Widow two of the Daughters & Coheirs of Jacob Green kite 

^ of Charles town Mariner & Mary his Wife both Dec*^ Setting forth that 

^n<e, chap. 119. i]^q g^[^\ Jacob & Mary Green died seized in their own Right in Fee of 
two Thirds of a certain Messuage or Tenement & Laud thereto belong- 
ing, scituate at the Upper End of King Street in Boston within the Countj^ 
of Suffolk, as Tenants in Common with the Heirs of Thomas Robinson 
Dec'' Who have conveyed their Interest remaining undivided unto Sam- 
uel Bill of Boston Victualler, W'' said Tenement & Structures are lately 
demolished by Fire «&; the Ground lies void & unimproved, & it is so 
narrow that it cannot admit of a conveniency for divers Tenements, 
neither are the Children and Heirs of the said Jacob Green capable to 
support the Charge of Building thereupon, & some of them are Minors,. 
And having the Offer of a good Price for their Interest in the said Land, 
Praying that they may be impowered in Behalf of the Rest of the Chil- 
dren to make Sale & dispose thereof to the best Advantage ; 

Ordered that the Pra3^er of the Petition be granted, And the Peti- 
tioners are impowered in Behalf of the Rest of the Children & them 
selves to bargain for & sell the said Land at the best Rate and Price 
they can get for the same. And to seal execute & acknowledge a good 
& sufficient Deed in the Law for Conveying thereof, Provided never- 
theless that the Land be Security & stand Charged for Securing the 
Payment of such Part of the Purchase Consideration as the Propor- 
tion belonging to the Minors or Children within Age & lawful Interest 
for the same. The Principal to be paid to them respectively as they 
arrive to full Age, The Interest to be paid j'early in the Interim to 
their Guardians to and for their Education. \_Passed January 5. 



CHAPTER 141. 



Legislative ORDER APPOINTING A COMM'^'^^ IN REGARD TO A PRECINCT PETITIONED 

Records ol_the POR BY SALEM MEN &c. [Passed January 5. 

254. 

^M<e,chap.85. \JPrinted with resolves, orders, etc. , ' ' granting lands, establishing pre- 
Posi, chap. 154. ciwc^s and parishes, and determining territorial boundaries.^''] 



CHAPTER 142. 



ORDER FOR EXCHANGING A BILL OF CREDIT FOR CPT. ARNOLD. 



Legislative 
Records of the 
Council, ix., 
255. 



An Order pass'd in the House of Representatives, Concur'd by the 
Council «fe signed by the Governour directed to the Treasurer to receive 
of Cpt. Seth Arnold a Bill of Credit annexed altered from three to five 
Pounds & give him an other Three Pounds Bill for the same. [^Passed. 
January 5. 



[5th Sess.] Province Laws (^Resolves, etc.). — 1712-13. 275 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Eighteenth Day of March, A.D. 17 12. 



CHAPTER 143. 

ORDER ESTABLISHING A NEW TOWN RAISED NAMED LEXINGTON. 

[Passed March 20. 

\_Printed with resolves^ orders, etc. , ' ' granting lands, estahlisliing pre- Legislative 
cincts and jio-rishes, and determining territorial boundaries."'] Records oi the 

258. 



CHAPTER 144. 

VOTE APPOINTING A COMMITTEE IN REGARD TO PROPOSALS FOR A 
BRIDGE OVER CHARLES RIVER. 

Upon reading a Representation & Proposals by John Clark Esq'' & Legislative 
Company referring to a Bridge over Charles River, Councif i*x.*^^ 

The Council declare they are ready to promote the Obtainment of 259. 
so beneficial a Work as the Bridge projected ; And judge the 

best Method to bring it to pass is for private Gentlemen to undertake 
& Carry on the same, & for their Encouragement that a Toll be forth- 
with granted & sett by Act of the General Assembly such as shall be 
judged reasonable to be paid for Man Horse & other Beasts Carts Car- 
riages & Coaches ; 

Saving to the College their Interest & Revenue of the Ferry there 
to be duly paid from Time to Time with the Advance of P'orty Shil- 
lings per Annum thereto for the Term of Fifteen Years next after the 
Erecting the said Bridge, without any Advance or Increase after the 
End of the first fifteen Years 

And that in Case the Projection be attempted, & fail. The River ife 
Harbour to be put in good Condition as at present. 

And that the Honourable the Lieutenant Governour the Secretary, 
Eliakim Hutchinson & Andrew Belcher Esq''^ with such Gentlemen as 
shall be named by the House of Representatives be a Committee to sit 
forthwith to receive Propositions & Projections for the Building from 
any that are willing to undei'take it, And to make their Report thereof 
to the next Session of this Court 

Concur'd by the Representatives & John Clark Esq"" Captain Thomas 
Hutchinson, Captain Samuel Phips M'' Stephen Willis & Cpt. Michael 
GiU joined in the Affair, [^Passed March 20, 



276 



Province Laws {Resolves, etc.). — 1712-13. [Chaps. 145, 146.] 



CHAPTER 145. 



Legislative 
Records of the 
Council, ix., 
260. 

Ante, chap. 87. 
Legislative 
Records of the 
Council, ix., 
252. 



RESOLVE IN FAVOUR OF THE REPORT OF THE COMM^ee qN THE PRO- 
POSALS FOR A LIGHT HOUSE. 

Upon reading the Report of the Committee appointed by this Court 
at their Session in January last to confer with M' John George & his 
Associates upon the Subject Matter of their Petition, proposing the 
Erecting of a Light House and Lanthorn on some Head Land at the 
Entrance of the Harbour of Boston, W'^'^ Report is in the Words fol- 
lowing ; Viz, 

In Obedience to the aforegoing Order the Committee having mett, 
and received from M' George his Proposals relating to a Light House 
as is afore-mentioned found it necessary to take a View of the Place 
most convenient for the Erecting thereof. And did therefore on the 
thirteenth of March Instant being attended by several of the most 
experienced Masters of Ships belonging to Boston & Charles town go 
down to the outermost Islands at the Entrance of Boston Harbour, 
And after our Landing on several of the said Islands and Surveying 
the same & Conferring with the said Masters thereon, who are unani- 
mous in their Opinion, We report as foUoweth ; Viz, That the South- 
ermost Part of the Great Brewster called Beacon Island is the most 
convenient Place for the Erecting a Light House ; Which will be of 
great Use not only for the Preservation of the Lives & Estates of Per- 
sons designing for the Harbour of Boston & Charles-town but of any 
other Place within the Massachusetts Bay ; A Method for Erecting 

such a Light-House & Supporting the same is contained in M"" Georges 
Proposals herewith delivered in, All which is subjected to such Amend- 
ments & Regulations as the Court in their Wisdom shall judge necessary. 
(Sign'd) In Behalf of the Committee W" Tailer. 

Resolved by both Houses that the Projection will be of general pub- 
lick Benefit, & Service & is worthy to be encouraged ; And, 

Ordered that the Committee of Members of both Houses before ap- 
pointed proceed to receive the Proposals & Offers of Persons that will 
undertake to raise & maintain the said Work And upon what Terms 
or Encouragement to be given by the Government in Laying a Duty 
of Tunnage upon Shipping, and report it. \^Passed March 20. 



CHAPTER 146. 



ORDER APPOINTING A COMMITTEE ON BERWICK PETIT" FOR TOWNSHIP. 

[Passed March 20. 

Recordfof the \_Printedwith resolves, orders, etc., ^'-granting lands, establishing pre- 
Councii.ix., cincts and parishes, and determining territorial boundaries."'] 



[5tii Sess.] Province Laws {Resolves, etc). — 1712-13. 277 



CHAPTEK 147. 

RESOLVE FOR Y= IMPRINTING & EMITTING £.6000, IN BILLS OF CREDIT, 
AND PROVIDING A FUND AS SECURITY.' 

Resolved^ That the Snm of Two Thousand Six hundred and Twenty Legislative 
Three pounds Sixteen Shillings and Six pence of Bills of Publick Credit Sncluxf *" 
on this Province, be further and forthwith made by the Committee last 262. Mass. ' 
Appointed to make Such Bills & upon the Same Plates with the Bills 413. ' ' 
last made who Shall be paid for their making them in the Same pro- Ante, chap. yi. 
portion as for the Last they made, That they Deliver the said Bills to 
the Treasurer taking his receipt for them. 

And the Treasurer is hereby directed & impowered to Issue forth & 
Emit the said Sum of Two Thousand six Hundred twenty three Pounds 
sixteen Shillings & six Pence : 

And the Sum of One Thousand three Hundred seventy six Pounds 
three Shillings & six Pence being part of the Bills made to be lent to 
such as should supply General Hill & Admiral Walker for the late 
Expedition against Canada that are not borrowed & issued forth for 
that End ; And the further Sum of Two Thousand Pounds of the 

Bills of Publick Credit that are or shall be received into the Treasury 
towards Payment of the Publick Debts of the Province already con- 
tracted, and the further growing Charge for the Defence thereof for 
the Suppljing & Subsisting of the Forts Garrison and Forces raised 
& to be raised & imployed within the same & Wages arising for their 
Service, For Payment of Grants Sallaries & Allowances made & to 
be made by this Court, according to such Draughts as from Time to 
Time shall be made upon him by Warrant or Order from the Govern' 
by & with the Advice & Consent of the Council ; And the said Bills 
shall pass out of the Treasury at the Value therein expressed equiva- 
lent to Money, and shall be taken & accepted in all publick Payments 
at the Advance and after the Rate of Five Pounds per Cent more : 

And that the Duties of Impost «fe Excise shall be a Fund & Security 
for the Repayment & Drawing in of the said Bills to the Treasury again, 
so far as that will reach ; 

And as a further Fund & Security for the same, for the Paying of 
Soldiers Wages & for Defraying the further necessary growing Charge 
of y*^ Province the Defence of her Majesties Subjects & Interests within 
the same and Support of the Governm' thereof. There be and hereby 
is Granted unto her most Excellent Majesty to the Ends & Uses afore 
said a Tax of Six Thousand Pounds to be levied upon Polls & Estates 
both real & personal within this Province according to such Rules & in 
such Proportion upon the several Towns & Districts within the same, 
as shall be Agreed on and Ordered by the Great & General Court or 
Assembly of this Province at their Session in May One Thousand, seven 
Hundred & eighteen, to be paid iiito the Treasurer on or before the last 
Day of November next after. [^Passed March 21. 

1 Printed in the notes to the Acts of the year 1712-13, Province Laws, i., 707; reprinted 
here, as important. 



278 



Pkovince IjAw^ {Resolves, etc.). — 1712-13. [Chaps. 148-150.] 



CHAPTEE 148. 



Legislative 
Records of the 
Council, ix., 
263. 

Ante, chap. 115. 
Records of 
Boston's 
Selectmen, 
1701-15, pp. 179, 
180. 



RESOLVE DIRECTING A LOAN OF £.450, TO THE TOWN OF BOSTON FOR 
THE USE OF Y^ TOWN HOUSE &c. 

Upon reading a Representation of the Select Men of the Town of 
Boston, that there is yet wanting of the Towns Proportion towards the 
Finishing of the Town House or Edifiee now in Building there the Sum 
of Four Hundred & fifty Pounds which is granted by the Town to be 
raised for that Service, W*^^ can not be collected & gathered in soon 
enough for Carrying on & finishing the said Work in Season, Praying 
the Loan of the afore said Sum in Bills out of the Province Treasury 
to be applied for that Use ; 

Resolved that the Treasurer be directed to supply the Treasurer of 
the Town of Boston with the Sum of Four Hundred and fifty Pounds 
in the Publick Bills of Credit for the Use above expressed. Taking good 
& sufficient Security for the Repaying the said Sum into the Treasury 
again on or before the twentieth Day of February next. \_Passed 
March 21. 



CHAPTER 149. 



Legislative 
Records of the 
Council, ix., 
263. 

Ante, chap. 92. 

Legislative . i . , , „ . , , , /-, 

Records of the Advised to & Signed by the Govern'' 

Council, ix., 

259. 



PROCLAMATION FOR A PUBLICK FAST. 

A Proclamation drawn up for a Publick Fast to be observed through- 
out this Province upon Thursday the sixteenth of April next, was read, 

[^Passed March 21. 



CHAPTER 150. 



RESOLVE ALLOWING BANISTERS PETITION FOR AN APPEAL FROM A 

JUDGMENT. 



Legislative 
Records of the 
Council, ix., 
264. 



Upon reading a Petition of Thomas Banister of Boston Merch' Pray- 
ing Relief for that at a late Inferiour Court of Common Pleas held at 
Boston for & within the County of vSuffolk a Judgement was entered 
up by Default against the Goods & Effects of Jeremiah Garvan Mer- 
chant in Fayal in the Hands of the Petitioner as Factor for the said 
Garvan at the Suit of Moses Bow, the Petititioner being summoned to 
appear & answer to the said Suit, agreable to the Act entituled An 
Act to enable Ci'editors to receive their just Debts out of the Effects 
of their absent or absconding Debtors, From which Judgement the Peti- 
tioner asked an Appeal, but was denied the same. And at an After- 
Inferiour Court upon a Writt of Scire facias. Judgement was entered 
up against the Petitioner to satisfy the Sum recovered by the Principal 
Judgement as of his own proper Debt, W*^'' will be to his Loss as he 
alledgeth several Hundred Pounds : 

The Law allowing an Appeal generally in all Cases upon Judgements 
given in the Inferiour Court, And it appearing that the Petitioner de- 
manded an Appeal sitting the Court within the Time limited by Law ; 

Resolved that the Challenge of the Appeal ought to have been re- 
ceived. And that he be now admitted thereto & have the Benefit of 
the Law in that Respect to be heard before the next Superiour Court 



[5th Sess.] Province Lams {Resolves^ etc.). — 1712-13. 279 

of Judicature to sit iu Boston : And that tlie Judgement of the 

Inf eriour Court upon the Scire facias and the Appeal depending thereon 
are hereby superseded. \_Passed March 24. 



CHAPTER 151. 

ORDER ACCEPTING REPORT ON THE COMMISSARY GEN^-i-^ ACCrs. 

The following Report of a Committee of the Representatives upon Legislative 
the Accompts of Andrew Belcher Esq"" Commissary General, And the councif ix^^^ 
Order pass'd thereon in that House, Read & Concur'd : Viz, 264. 

We the Subscribers appointed a Committee by the House of Repre- ^H<e,chap. as. 
sentatives to Examine & Audit the Accompts of Andrew Belcher Esq"^ 
Commissary General, Have attended that Seiwice & examined his Ac- 
compts from the eleventh Day of September 1712, to the ninth Day of 
March next after, And find them right cast & well avouched. And that 
on the said ninth Day of March there was due from the Province to the 
said Commissary Gen" the Sum of Four Hundred & four Pounds five 
Shillings & six Pence as was reported by the Committee of the hon**'^ 
Council, that audited the said Accompt. 

(Sign'd) Tho : Fitch W*" Bowditch '\ 

Tho : Hutchinson Nath'-^ Thomas y Comm'** 
Sam^'' Appleton ) 

Ordered that the above Report be accepted & the Commissary dis- 
charged accordingly. \_Passed March 24. 



CHAPTER 152. 

ORDB ENFORCED ON WATERTOWN AS TO THE SUPPORT OF Y= MINIS- 
TRY. [Passed March 23. 

[^Printed with resolves, orders, etc., ^'■granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ councif ix."^^ 

266. 



Ante, chap. 135. 



CHAPTER 153. 

ORD^ ABOUT DUXBORO ARREARS. 

In Answer to the Petition of the Select Men of the Town of Dux- Legislative 
boro for Arrears of Rates & Town Charges due from the Inhabitants councffix!,'^^ 
of the said Town of Duxboro now of Pembroke ; 266. 

Whereas the said Inhabitants of Duxborough that were by an Act 
of the General Assembly Anno 1711, sett off with others of Marshfield 
&c to be a Township by the Name of Pembroke with Proviso in the 
said Act that the said Inhabitants so sett off should respective!}' pay 
their Arrears to Town Charges iu the said several Towns of Duxboro 
& Marshfield to the Time of their being so sett off 

And avhereas the said Inhabitants of Duxboro now Pembroke have 
not complied with the said Proviso in Paying their Arrears in Town 
Charges in several Articles to the Town of Duxborough altho demanded ; 
And the Law of this Province for Suing of Towns not having made full 



280 Province Laws {Resolves, etc.). — 1712-13. [Chaps. 154, 155.] 

Provision in this Case (the Town of Pembroke consisting partly of Dux- 
boro &, partly of Marshfield &c not being Delinquents & so not liable 
to any Process in Law), For the Recovering therefore the just & due 
Arrears afore said ; 

Be it Ordered that the Residue of Thirty two Pounds one Shilling & 
three Pence assessed upon the said late Inhabitants of Duxboro Anno 
1710, to have been collected by Abraham Booth And he having col- 
lected but Ten Pounds nineteen Shillings & six Pence of the said Sum 
pretending Scruple of Conscience, And afterwards John Bonny now of 
said Town of Pembroke at the Desire of the said Town of Duxboro 
Accepting of that Office of Finishing the Collecting of the said Assess- 
ment having Collected a further small Part thereof without any certain 
Account thereof, That the said John Bony forthwith demand of the said 
Booth the list of that Rate Bill & Collect the said Arrears & Residue 
due thereon And Pay the same unto the Town Treas"^ of Duxboro 

And for the Arrears of the said Duxboro Town Charges due from the 
said late Inhabitants of Duxboro, & such as enjoy their Real Estates, 
for such Real Estates not heretofore assess'd ; 

Ordered that their Proportion be assessed collected & paid in to the 
Town Treasurer of Duxboro by a Collector chosen by the said Town 
of Pembrook for that End by the last of July next. 

And for the Arrears mentioned in the said Petition due to the Exec- 
utors of the Reverend M"" Ichabod Wiswall, the Accompt thereof not 
being laid before the General Assembly, 

Ordered that that Matter be suspended for further Consideration. 
\_Passed March 25. 



CHAPTEK 154. 



VOTE ACCEPTING THE COMMTees REPORT OF Y"- LINE FOR A PRECINCT 
ON ROYAL SIDE IN SALEM. [Passed March 25. 

Records^of the \_Printed ivith resolves, orders., etc., ^'■granting lands, establishing pj-e- 
Councii, ix., cincts and parishes, and determining territorial boundaries. "'\ 

^n<e, chap. 141. 



CHAPTER 155. 

RESOLVE ALLOWING £.426,, 10 „ 4, TO THE COLLEGE. 

Records^of the Resolved that the Sum of Four Hundred twenty six Pounds ten Shil- 
Councii, ix., lings and four Pence be allowed & paid out of the Publick Treasury in 

'— Bills of Publick Credit to Thomas Brattle P^sq"' Treasurer of Harvard 

College, for the Use of the said College ; One Hundred sixty two Pounds 
sixteen Shillings & four Pence thereof being the whole Principal remain- 
ing due of Moneys borrowed by the late Colony of the Massachusetts 
Bay of the. said College, both that which was the Lady Moulsons Gift 
to the said College & all other ; the Remaining Two Hundred sixty three 
Pounds fourteen Shillings being Interest in full for the said Sum at six 
Pounds per Cent, per Annum from the Year One Thousand six Hundred 
& eighty five to this Time, to which Year the Interest appears to have 
been paid by the Treasury Books of the said Colony. [^Passed March 26. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1713-14. 



[281] 



LEGISLATIVE LIST^ 



1713-14 



His Excellency JOSEPH DUDLEY, 

Captain-General and Governor-in-chief, etc. 

ISAAC ADDINGTON, Esq., 

secretary of the PRO\aNCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 



the Colony of the Massachusetts Bay; 

William Tailer 
Elisha Hutchinson 
William Brown 
Samuel Sewall 
Isaac Addington 
John Phillips 
Jonathan Corwin 
Peter Sergeant 
Penn Townsend 



John Appleton 
John Higginson 
Samuel Patridge 
Edward Bromfield 
Esqrs. Ephraim Hunt 

Nathaniel Norden 
Daniel Epes 
Thomas Notes 
Benjamin Lynde 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of New Plimouth; 

John Cushing 



Isaac Winslow 
Nathaniel Payne 



Esqrs. 



John Otis 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Province of Maine; 

Eliakim Hutchinson, John Wheelwright &, Ichabod Plaisted, Esqrs. 

* 
Of the Inhabitants of or Proprietors of Lands loithin the Territory lying betiveen 
the River of Sagadahock & Nova Scotia; 

Joseph Lynde, Esq. 

For the Province , at large : — 
Andrew Belcher & Samuel Appleton, Esqrs. 

> See Legislative Records of the Council, ix., 271-273. 
[283] 



284 Province Laws {Resolves, etc.'). — 1713-14. [Representatives. J 



REPRESENTATIVES or DEPUTIES. 

Maxj 27, 1713 to Ajml 6, 1713-14. 
Mb. JOHN BURRILL, Speaker. 



County of Suffolk. 

Boston, . . . John Clarke, Esq., 

Addington Davenport, Esq. 
Capt. Thomas Hutchinson, 
Major Thomas Fitch. 

Roxbury, . . Mr. William Denisou. 

Dorchester, . . Mr. Hopestill Clap. 

Milton, . . . Mr. Ephraim Tucker. 

Weymouth, . , Capt. Stephen French. 

Brantrey, . . Edmund Quincey, Esq. 

Declham, . . Capt. Daniel Fisher. 

Medfield, . . Capt. Samuel Barber. 

Menclon, . . . Mr. Josiah Chapin. 

Wre7itha7n, . . Mr. John Gilde. 

Brooklyn, . . Mr. Josiah Winchester. 

County of Essex. 

Salem, . . . Capt. John Browne, 

Mr. Francis Willoughby 

Ijjswich, . . . Samuel Apjjleton, Esq. 

Neivbury, . . Capt. Thomas Hall. 

Salisbury, . . Mr. Isaac Morrell. 

Amesbicry, . . Capt. Thomas Harvey. 

Haverhill, . . Mr. John White. 

Andover, . . Capt. Benjamin Stevens. 

Bradford, . . Mr. John Hutchins. 

Topsjield, . . Mr. Jacob Brown. 

Marblehead, . Capt. Richard Trevott. 

Lynn, . . . John Burrill, Esq. 

Wenham, . . Mr. William Fiske. 

Beverly, . . . Mr. Samuel Balch. 

Olocester, . . Mr. James Parsons. 

Rowley, . . . Mr. Ezekiel Jewett. 

Boxford, . . . Capt. John Peabody. 



County of Middlesex. 



Cambridge, . 
Charlestown, 

Watertoivn, . 
Wobum, . . 
Billerica, . 
Chelmsford, 
Concord, . . 
Sudbury, . 
Reading, 
Marlborough, 
Maiden, . . 



. Capt. Thomas Oliver. 
. Capt. Michael Gill, 

Capt. William Rowse. 
. Mr. Caleb Church. 
. Mr. John Pierce. 
. Mr. John Stearnes. 
. Mr. Stephen Pierce. 
. Capt. Jonathan Prescott. 
. Mr. Matthew Stone. 
. Mr. Thomas Wiley. 
- Capt. Thomas How. 
. Mr. John Greenland. 



County of Middlesex — Concluded. 
Sherburn, . . Mr. Samuel Bullard. 
Framingham, . Major Joseph Buckniinster.. 
Weston, . . . Capt. Francis Fulham. 
Newtoxvn, . . Mr. John Ward. 
Orotton, . . . Mr. John Farnsworth.. 

County of Hampshire. 



Springfield, 


. Luke Hitchcock, Esq. 


Northam2)to7i, . Joseph Parsons, Esq.. 


Hadley, . . 


. Mr. Samuel Porter. 


Hatfield, . . 


. Mr. Henry Dwight. 


Suffield, . . 


. Mr. Atherton Mather. 


Westfield, . 


. Mr. John Ashley. 


Enfield, . . 


. Mr. Samuel Terrey. 


County of Plimouth. 


Plimouth, . 


. Mr. Isaac Lothrop. 


Scituate, 


. Joseph Otis, Esq. 


Marshfield, . 


. Mr. Jonathan Eames. 


Duxboro, 


. Capt. John Aid en. 


Bridgeivater 


. Mr. Samuel Edson. 


County of Barnstable. 


Barnstable, . 


. Mr. Daniel Parker. 


Yarmouth, . 


. Mr. Joseph Hawse. 


Eastham, . 


. Mr. John Payne. 


Sandwich, . 


. Mr. Meletiah Bourne. 


Harwich, . 


. Mr. Thomas Clark. 


County op Bristol. 


Bristol, . . 


. Capt. Simon Davis. 


Taunton, 


. Capt. Henry Hodges. 


Dartmouth, . 


. Mr. Jonathan Delano. 


Rehoboth, . 


. Mr. Moses Reed. 


Sivanzcy, . 


. Mr. Ephraim Pierce 


Little Co7npt 


■)7i, Capt. William Southworth 


Tiverton, . 


. Mr. Phillip Taber. 


Attleboro, . 


. Mr. David Freeman. 


Dighton, . . 


. Mr. Benjamin Jones. 




County of York. 


York, . . . 


. Mr. Abraham Prebble. 


Wells, . . 


. JMr. Joseph Storer. 


Kittery, . . 


. Mr. Joseph Hammond. 




Dukes County. » 




Nantucket. 




Mr. Ebenezer Coffin. 



1 No representative for this county appears in the record. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-seventh Day of May, A.D. 17 13. 



CHAPTEE 1. 

TOTE ACCEPTING THE COMMtees REPORT FOR A PLACE ON PATUCKET 
RIVER FOR A BRIDGE. 

Report of the Committee to enquire of the most conveuient Place Legislative 
for Setting up a Bridge over Pautuckett River ; Viz, SndUx.f ^ 

We the Subscribers being the Major Part of a Committee appointed ^ 

by the Great and General Court at their Sessions in March last to En- Post, chap. 91. 
■quii'e & make Report where might be the best Place to Erect a Bridge 
over that River called Pautuckett River, And what Advantage and Ben- 
efit it will be when Erected for Travelling & Commerce 

In Pursuance of said Order on the fifteenth Instant May, We mett 
at said River, and after Taking a View of all the Places that were 
thought the most proper to Erect said Bridge, And by the Informa- 
tion we had from several Persons well knowing the said River ; 

We are humbly of Opinion that a Place called Pautucket Falls near 
the Iron AVorks on said River is the most suitable Place to erect said 
Bridge, And when built may be of Benefit to some Parts of this Prov- 
ince, Especially it will be of Service for Travelling into the Narraganset 
Countrey, Connecticutt, & New York at all Times of the Year, partic- 
ularly in the Winter Season, AVhen by Reason of the Rising of the Water 
& great Quantity of Ice coming down the River it is made very difficult 
& hazzardous, Which if there be a Bridge will make Travelling more 
easy & safe. Isaac Winslow Joseph Brown 

Nath^^ Payne Noah Peck 

Saji'-^ Thaxter 

Read & Accepted as to the Place of y'' Bridge How the Charge is 
to be born to be further consider'd. 

And an Accompt of the Comm'^" Service & Expences amounting to 
six Pounds twelve Shillings & seven Pence allowed by both Houses 
to be paid, Viz, Fifteen Shillings a Piece to the five Gentlemen of 
the Comm"^'' for their Travel and Service & the Remainder for their 
Expences. [Passed May 29. 



CHAPTER 2. 

VOTE ACCEPTING THE COMMtees REPORT ABOUT COUNTREY LANDS Legislative 

BETWEEN REHOBOTH AND TAUNTON. [Passed May 29. Records of the 

'■ ^ Council, IX., 

276. 

l^Printed ivith resolves, orders, etc., ^^ granting lands, establishing pre- pos*, chap. 3. 
cincts and parishes, and determining territorial boundaries."'] 

[285] 



286 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 3-7.] 



Legislative 
Records of the 
Council, ix., 

277. 

Ante, chap. 2. 
Mass. 
Archives, 
cxxii., 427. 
Executive 
Records of the 
Council, vi., 55. 



CHAPTEE 3. 

VOTE ALLOWING THE ACCOUNT OF THE COMMITTEE FOR SERVICES 
ABOUT COUNTREY LANDS NEAR TAUNTON. 

And an Accompt of the Committees Service & Expences amounting 
to seven Pounds eleven Shillings was presented & allowed, And directed 
that fifteen Shillings a Piece be paid to the Committee for their Travel 
«& Service &, the Remainder for their Expences. [_Passed * May 29. 



CHAPTER 4. 



ORDER APPOINTING A COMMITTEE ON SAMJ-i- STEVENS'S PETITION. 



Legislative 
Records of the 
Council, ix., 

277. 

Fost, chap. 155. 



Upon reading a Petition of Samuel Stevens Son & surviving Exec- 
utor of the last Will & Testament of James Stevens late of Glocester 
in the County of Essex Deceased, Praying to be impowered to make 
Sale of a Part of the Real Estate directed by him in his Will for the 
Support of Susanna his Widow being run to Despair & Bringing in 
little or no Income ; 

Ordered that John Newman Esq'' & ]\P James Parsons of Glocester 
be a Committee to enquire into the Truth of the Matter sett forth in 
the within Petition & what Part of the Estate may best be sold with 
least Prejudice to the Remainder, And to report y^ same. [Passed 
May 30. 



Legislative 
Records of the 
Council, ix., 

278. 

Post, chap. 93. 
Legislative 
Records of the 
Council, ix., 
275, 276. 



CHAPTER 5. 

ORD« REFERRING TO MEDFIELD. [Passed June 2. 

[^Printed with resolves, orders, etc., ^^ granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 6. 



ORDER APPOINTING A COMMITTEE ON WESTFIELD PETITION. [Passed 

June 2. 



Records^ofthe {Printed with resolves, orders, etc., '•'• granting lands, establishing pre- 
Councii, ix., cincts and parishes, and determining territorial boundaries."] 



Post, chap. 167. 



CHAPTER 7. 



ORDER APPOINTING COMMISSk^ FOR THE LINE ON CONNECTICUT. [Passed 

June 2. 

Recordfofthe \_Printed ivith resolves, orders, etc., ^^ granting lands, establishing pre- 
Councii,ix., cincts and parishes, and determining territorial boundaries."'] 

Post, chap. 8. 



[1st Sess.] Province Laws (liesolves, etc.). — 1713-14. 287 



CHAPTEK 8. 

VOTE ACCEPTING THE COMMtf-es REPORT OF Y'" LINE FROM ANGLE Legislative 

TREE TO ACCORD POND. [PassedJune 2. Coundl*'?x.^'^^ 

280. Mass.* 

[Printed with resolves, orders, etc., '•'• grantiiuj lands, establishing pre- j^^rcinves, in., 
cincts and parishes, and determining territorial boundaries."'] ^h<« chai) i 

Post] cliap! 29. 



CHAPTER 9. 

ORDK FOR DIGHTON PAYMt OF ARREARS TO TAUNTON. 

Ordered that the Assessors of the Town of Dightou be impowered ^^if^'.^a^^Jf t^ 
& enjoyned forthwith to assess on the Inhabitants of their Town the coum-ii, ix., 

Sum of Nineteen Pounds one Shilling & eleven Pence & to order Col- i^: 

lecting & Paying in the same to the Treasurer of Taunton for the Use 
of the said Town on or before the first Day of August next ensuing 
in full of their Share of the Judgem' recovered for Arrears due to M'' 
George Shove some Time Minister of Taunton, when they were Part 
thereof. [Passed June 3. 



CHAPTEK 10. 

RESOLVE REMITTING DUTY OF WINES ON THE BRIGANTINE MAY- 
FLOWER. 

Upon the Petition of Simon Davis &c Owners of the Brigatine Legislative 
May Flower John Ellery Commander ; Counct^x.!^® 

Resolved that the Duty of Thirty eight Pipes of Wine brought in 282^ 

the said Vessel to Boston & afterwards transported to Rhoad Island 
be remittted to the Petitioners. [Passed June 3. 



CHAPTER 11. 

VOTE ACCEPTING THE COMMITTEE'S REPORT ON THE LINE BETWEEN 
FREETOWN & TIVERTON. {PassedJune 3. 

[Printed loith resolves, orders, etc., '-'■granting lands, establishing pre- Legislative 
cincts and jparishes, and determining territorial boundaries.'"] coimclf, ix.^^^ 

282. 



CHAPTER 12. 

ORDER APPOINTING, COMMISSIONERS TO AGREE W^" THE COMMISS«s OF Legislative 
NEW HAMPSHIRE ABOUT Y^ BORDERERS ON THE LINE. [Passed Jime. 3. coxm^il Ix^^^ 

283. 

[Printed loith resolves, orders, etc., ^^ granting lands, establishing jyre- provincial 
cincts and parishes, and determining territorial boundaries."] Ham^lhire^ 

iii., Part ii., 
548-549. 



288 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 13-15.] 



CHAPTER 13. 



Legislative 
Records of the 
Council, ix., 
283. 



VOTE GRANTING JN*' CLARK ESQRs PETITION & PROPOSALS. 

Upon reading a Petition of John Clark of Boston Esq' Proposing 
& Offering that in Lieu of a Ware house by him proposed and intended 
to be built upon the Wharff by him to be built before his Laud on the 
Easterly Side of Fish-Street in Boston, As an Equivalent for Taking 
off the Entail & Vesting the Fee Simple of Part of the said Land in 
him & his Heirs, Pursuant to an Act of the General Assembly in the 
Year 1712 : He will at his own Cost erect build & finish a certain Tene- 
ment or Tenements with Shops therein & good Cellars under the same, 
to contain Forty feet in Length & eighteen feet in Wedth fronting to 
Middle street which will be more certain to be improved & produce a 
better annual Income for the Benefit of the Heirs in Tail than the in- 
tended Ware house will do ; Praying that the said Offer & Proposal 
may be accordingly accepted, Any Thing in the afore mentioned Act 
to the Contrary notwithstanding. His Brother William Clark the next 
Heir in Tail having subscribed the Petition with him ; 

Voted That the Prayer of the Petition be granted. \_Passed June 3. 



CHAPTER 14. 



Ivegislative 
Records of the 
Council, ix., 

284. 



VOTE ALLOWING SAM^^ WHITING £.10. 

Upon reading a Petition of Samuel Whiting of Dunstable taken Cap- 
tive & Carried to Canada, Praying some Consideration and Allowancfe 
for his great Suffering & Charge occasioned by Sickness, being still 
under the Doctors Hands & uncapable of Labour : 

Voted, In Consideration of the Petitioners being obliged by Law to 
continue in a Frontier Town and of his great Indisposition of Body 
he has contracted by Reason of his being taken ; 

That the Sum of Ten Pounds be allowed & paid him out of the pub- 
lick Treasury. \_Passed June 4. 



CHAPTER 15. 



Legislative 
Records of the 
Council, ix., 

285. 



ORDER SUSPENDING THE OPENING OF FREETOWN UPPER ROAD. 

Upon y^ Representation of sundry of the Proprietors of Freetown 
within the County of Bristol of the Inutility of the Upper Road or High 
Way projected to be laid out through the Southern Part of P^reetown 
from the Fall River to Thomas Kings House running thro several Pro- 
prietys, W^"" Way is not yet opened, & the great Charge & Damage that 
will be occasioned to the Town by Opening the same the Town being 
now established upon the lower Road ; 

Ordered that there be a Suspension of Opening the said Upper Road 
untill the Session of this Court in the Fall of the Year, And that then 
an Order pass for the Taking it wholly away unless suflicient Reasons 
be then offered to the Contrary. \_Passed June 4. 



[1st Sess.] PkovixXce Laws {Resolves, etc.). — 1713-14. 289 



CHAPTEK IG. 

VOTE ON NEWTOWN INHAB^s PETITION AS TO CERTAIN FAMILIES NEAR 
THE ROXBURY LINE. 

Upon a full Hearing of the several Petitions from Newtown re- Legislative 
ferriug to the Division of the Town into two several Precincts for the c^unc'if.^x.'^^^ 
Worship of God or the Removal of the present Meeting House towards '^^^- 
the Center of the Town and particularly in Dismission of the six Families i'ost, chap. we. 
lying next to the South Part of Roxbury ; 

Voted & Advised that the Town do allow the said six Families lying 
next to Roxbury to attend the Worship of God at that Precinct & 
be accordingly dismist from any Charge to the Support of the Minis- 
try in Newtown during their Attendance & Contributing to the Min- 
istry at Roxbury ; But see no Reason to remove the present Meeting 
House in Newtown, And direct that the Inhab'^ of the said Town pro- 
ceed peaceably to settle & establish a learned & orthodox Minister 
of good Conversation amongst them, As the Law directs. \_Fassed 
June 3. 



CHAPTEE 17. 

ORDER ON THE PETITION OF MATT. & PAYNE MAHEW FOR LIBERTY 
TO BRING A NEW SUIT ON A CAUSE DECIDED AGAINST THEM IN A 
FORMER ACTION. 

In the Case of Matthew & Payne Mahew Administ" of the Estate of ^^s'®'?*'^?.. 
Matthew Mahew late of Edgar Town in Dukes County Esq"^ Deceased & councif, ix., ^ 

before this Court by their Petition Setting forth that in a Suit by them ^ 

brought in the Inf eriour Court of Common Pleas holden for Dukes County 
in October last past they recovered Judgem' against Ralph Thacher juu"^ 
for Forty Acres of Laud &c, And the Cause being removed by Appeal 
of the said Ralph Thacher to the Sup'' Court of Judicature holden at 
Pli mouth the last Tuesday in March last past. The Judgem' of the Inf 
Court was then reversed for that Matthew. Mahew one of the Petitioners 
was Clerk of the s** Inf"^ Court appealed from. So that no Writt Judgem' 
or Evidences in the Cause were not ^ well certified to the Sup'' Court. 

Ordered that the Plaintiffs be allowed to bring forward their Suit 
de Novo at the luferiour Court in Dukes County, And that the Jus- 
tices of the said Court fippoint a Clerk specially to officiate in that 
Cause, And to Certify the Record & Process thereof to the Superiour 
Court in Case of Appeal, The Costs hitherto sustained to attend & 
be ruled by the final Issue & Determination of the Cause, And that 
Execution for the past Costs (if any be) be stayed until then. \_Passed 
June 5. 



CHAPTEK 18. 

ORDK FOR SUPPORT OF A MINISTER AT PALMERS RIVER IN REHOBOTH. 

Ordered that the Vote pass'd by this Court at their Sessions in May Legislative 
1712. Advising & Directing the Inhabitants of the Town of Rehoboth councfux.!''^ 
to raise the Sum of One Hundred & twenty Pounds annually for the ^ 

1 Sic, but inserted above the line, with caret. 



290 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 19-21,] 



Support of the Ministry That is to say, Seventy Pounds thereof to 
be issued & paid to the Minister of the first Church & Congregation 
in the Body of the Town, And the other Fifty Pounds to the Minister 
of the Congregation at Palmei's River, Be Revived, Enforced & talve 
Effect, having been twice respited at the Motion of the Representative 
of the said Town for the Towns Consideration to agi'ee upon & pro- 
pose some other Method for the Support of two Ministers in the said 
two Parts of the Town & report the same to the Court, The last Refer- 
ence being to this Session, And the Representative for y^ said Town not 
being instructed about that Affair as he informs this Court. \_Passed 
June 6. 



CHAPTER 19. 

VOTE MAKING ADDITIONS TO THE BROOKFIELD COMM^ee. [p„sscdJune 6. 

Records^onhe [Printed with resolves, orders., etc., '•'■ granting lands, estahlisliing pre- 
Couucii.ix., cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 20. 



VOTE ALLOWING RUTH CHILD £.4,, 12,, 4. 



Legislative 
Records of ttie 
Council, ix., 



Upon reading the Petition of Ruth Child of "Watertown Widow, 
Praying an Allowance for the Sickness & Funeral Charges of her 
late Husband Joseph Child a Soldier in her Majesties Service in the 
designed Expedition against Canada in the Year 1711: Who came 
Home sick from off the said Vo3^age, of w*^'' Sickness he died ; 

Voted That the Sum of Four Pounds twelve Shillings & four Pence 
be allowed & paid out of the Publick Treasury to Ruth Child the Peti- 
tioner in full of her Accompt, And fifteen Shillings & six Pence to M' 
Palsgrave Willington for Medicines and Attendance. \_Passed June 6. 



CHAPTER 21. 



Legislative 
Records of the 
Council, ix., 

288. 



VOTE ALLOWING HUGH PIKE A PENSION & £.5. 

Upon reading a Petition of Hugh Pike of Newbury Praying a Stipend 
or Pension may be granted him in Consideration of his Disability for 
Labour by Reason of a Wound received in his Thigh whilst in her Maj- 
esties Service, 

Voted That the Sum of Five Pounds be allowed & paid out of the 
Publick Treasury to Hugh Pike the Petitioner for a present Relief, 
And five Pounds per Annum for the Future, uutill this Court shall 
order otherwise. [^Passed June 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1713-14. 291 



CHAPTEK 22. 

VOTE MAKING AN ADDITIONAL LAND GRANT TO LANCASTER. [Passed Legislative 

Junes. Records of ttie 

Council, ix., 
285. Mass. 

[_Printed luith resolves, orders, etc., ^'' granting lands, establishing 2)re- ^xm'^el* 
cincts and parishes, and determining territorial boundaries."^ — — - — '- 

Archives, 
cxiii., 633. 



CHAPTER 23. 

RESOLVE DECLARING TUCKANNUCK TO BE SUBJECT TO NANTUCKETT. Legislative 

[PassedJuneS. Self, i If ' 

289. , 

\_Printed ivith resolves, orders, etc., '■'■granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ counclf ix*''^ 

286. 



CHAPTER 24. 

VOTE ALLOWING BARNSTABLE CO. TREAS^s ACC^. 

An Accompt presented by Barnabas Lothrop Esq"" late Treas' for Legislative 
the County of Barnstable of a County Rate ordered in the Year 1712 : counctf, ?i?® 

amounting to One Hundred & fifty Pounds, & his Payments made ^^ 

thereout, amounting to Sixty seven Pounds six Shillings & nine Pence 
Allow'd by y*" House of repres"""^ Read & Concurred. \_Passed June 8. 



CHAPTER 25. 

ORD« FOR THE RATE OF VICTUALLING CASTLE W. 

Report of the Committee referring to the Victualling the Garrison Legislative 
at Castle William; Read & Accepted, & Concur'd by the Repres^^^ councu" Lx *^® 

Viz, 2 89. 

Pursuant to the Order of Court the Committee have considered the /"os^, chap. 94. 
Petition of Cpt. Tuthill referring to the Victualling the Garrison at 
Castle William, Are humbly of Opinion that Four Shillings & six Pence 
farthing be allowed for each Man per Week during the Space of six 
Months, to Commence from the first Day of May last 

By Order of the Coram'*"= (sigu'd) Sam*-^ Sewall 

[^Passed June 8. 

CHAPTER 26. 

VOTE IMPOWERING ELIZABETH SAVAGE TO SELL LAND. 

Upon reading a Petition of Cpt. Ephraim Savage and Elisabeth Legislative 
his Wife late Butler, Relict & Sole Executrix of the last Will of Peter coundf, fx.f ® 

Butler late of Boston Mariner Deceased and of the Children of the '^^ 

said Peter Butler Setting forth that the said Peter Butler in & by his 



292 Province Laws (i?e5oZz7e5, e^c.). — 1713-14. [Chaps. 27-29.] 

last Will devised his Estate consisting chiefly of a Dwelling House, 
Warehouse & Wharf at the Bottom of King Street in Boston to be 
divided into seven Parts among his six Children, his Eldest Son to 
have a double Portion, W*^*^ Estate is running to Despair & fallen to 
Decay three of the Children being Minors within Age & desireous to sell 
their Interest to their Eldest Brother Peter, W^^ they are well advised 
will be to their Advantage, Praying that the afore-named Executrix 
may be Enabled to sell the same on their Behalf : 

Ordered that the Prayer of the Petition be granted and that the Ex- 
ecutrix be impowered to make Sale of the Estate therein mentioned & 
execute a Deed thereof, the Minors Parts or Shares of the Produce 
of the Sale to be secured for them till they come of Age, with lawful 
Interest to be paid for the same Yearly towards their Education in the 
Interim ; The Land to be sold to stand charged w"' the Payment of the 
Principal & Interest Money accordingly. [_Passed June 8. 



CHAPTEE 27 



RESOLVE ALLOWING FALMOUTH £.40, TOW^^ A MEETING HOUSE. 

Recordrof the Besolved that the Sum of Forty Pounds be allowed & paid out of the 
Council, ix., publick Treasury to the Town of Falmouth towards the Building them 

— '■ a Meeting House for the Publick Worship one Half thereof to be paid 

when the Frame is raised, And the other Half when the House is fin- 
ished. \_Passed June 8. 



CHAPTER 28. 

ORDER APPOINTING A COMM^ee tO SORT & NUMBER Y= UNSERVICE- 
ABLE BILLS. 

RiSrKf the Ordered that John Clark Esq^ Major Thomas Fitch, M' Meletiah 
Council, ix., Bourue, M' Francis Willoughby & M"" Jeremiah Allen be a Committee 
to join with such as the Hon*'''' Board shall appoint to Examine Count 



290. 



Executi've " ^^" ^ Bundle up the unserviceable Bills of Credit in the Treasury & make 
Records of the Eeport to this Court in Order to their being burnt. 

' '' ■ And Eliakim Hutchinson Penn Townsend & Edw'' Bromfield 
joined of the Comm"''' for the Affair afore said. [^Passed June 8. 



CHAPTER 29. 

VOTE ACCEPTING THE ACCOMPT OF SAM^-l PATRIDGE &c COMMISSIONERS 
ON THE SOUTH LINE. 

Records'of the ^^ AccoMPT of Expences & Time of Samuel Patridge, Samuel Porter 
Council, ix., & John Chandler Esq" &c. Commissioners on the Part of this Govern- 

291 

— '- meut with Commissioners from the Colony of Connecticutt for Survey- 

Pos<^ chap. 81. iug the Line betwixt the said two Governments in April past amounting 

Sewaii's to Twenty four Pounds one Shilling & nine Pence ; Read & Accepted ; 

ry, n., .. ^jj(j Concurred by the Representatives. \_Passed June 9. 



[1st Sess.] Province Laws {Resolves, etc.). — 1713-14. 



293 



CHAPTER 30. 

ORDK UPON SAM'-'- FOWLES ESTATE. 

Upon a hearing had before tlie Court on the Petition & Complaint [^^ords'^^ti 
of James Fowle &c for the Reversing an Order of this Court at their council, ix., 

Session in October 1712; for the Sale of their Brother Sam" Fowles '^ 

Land. 

Resolved that the Order of this Court for the Sale of Samuel Fowles 
Land be superseded & made void and that Administration in Behalf of 
the Orphans be granted on that Estate, That the Creditors may know 
of whom to demand their just Debts, And if need be to make Sale of 
his said Lands for Payment of his just Debts, proper Application be 
made for the same. \_Passed Jane 9. 



CHAPTER 31. 

VOTE ACCEPTING THE WATERTOWN AGREEIVr FOR THE SUPPORT OF Legislative 

YE MINISTRY. [Passed June 9. Records of the 

"• Council, IX., 

291. 

\_Printed with resolves, orders, etc., '■'■ granting lands, establishing pre- Legislative 
cincts and parishes, and determininq territorial boundaries."'] Records of the 

'' -■ Council, IX., 

275, 280. 



CHAPTER 32. 

VOTE ESTABLISHING BERWICK A TOWN. [Passed Jujie 9. 

[^Printed ivith resolves, orders, etc., '■'■granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ councff ix ^^° 

292. 



CHAPTER 33 



VOTE ACCEPTING REPORT OF THE COMMITTEE ON ACC^ OF UNSERVICE- 

' ABLE BILLS. 



In observance of an Order of the Gen" Court dated the Eighth Curr' 
to us directed impoweriug us a Committee to sort & take an Accomjit 
of the Bills of Credit on this Province lying in the Treasury that are 
worn out defaced & unserviceable : We have attended said Ser- 
vice, sorted, numbered & made up the said Bills in distinct Bundles 
containing in Number, Sorts & Quantity on the aforegoing Side ex- 
pressed amounting in the Whole to the Sum of seventeen Thousand 
seven Hundred & nine Pounds Eight Shillings. 

Tho Fitch John Clark "^ 

^ Mel. Bourne y El"" Hutchinson I ^ tee 

Fra. Willougby Penn Townsend | 



Legislative 
Rei'ords of the 
Council, ix., 
293. 

Ante, chap. 28. 
Post, chap. 39. 
Legislative 
Records of the 
Council, ix., 
293. 



Jer. Allen 



Edw" Bromfield j 



Read & Accepted & 

Ordered that the same Comm""^ forthwith see the b^ Bills burnt. 
\_Passed June 10. 



294 



PROVINCE Laws {Resolves, etc.). — 1713-14. [Chaps. 34-36.] 



CHAPTER 34. 



Legislative 
Records of the 
Council, ix., 
294. 

Post, chap. 132. 



ORDER GRANTING BROOKLIN PETITION FOR FURTHER TIME. 

Upon keading a Petition of Brooklin, Praying a f nrther Respite & 
Extent of Time to build their Meeting House «fe pi'ocure a Minister ; 

Concurred with the Order pass'd thereon in the House of Repre- 
sent''^' That the Prayer of the Petition be granted with this strict In- 
junction that the Town be provided of a convenient Meeting House 
& of a learned orthodox Minister & of good Conversation by the End 
of the said three Years. [^Passed June 10. 



CHAPTER 35. 



Legislative 
Records of the 
Council, ix., 
294. 

Post, chap. 44. 



VOTE GRANTING A CONTINUANCE OF A LOAN TO THO: FITCH &c. 

Upon reading a Petition of Thomas Fitch, Oliver Noyes, Charles 
Chambers, Nath" Carey, & Sam" Greenwood a Committee to assist 
the Forwarding the Expedition in the Year 1711. designed against 
Canada by Providing the necessary Stores for the same, Setting forth 
that they advanced & paid their own Money to the Amount of Three 
Thousand eight Hundred & twelve Pounds eight Shillings & seven 
Pence for the speedy Procuring of the same ; The Accompts whereof 
were audited & reported by a Committee for that Purpose, & trans- 
mitted to the Right Hon''''' the Lord High Treasurer of Great Britain 
for his Lordships Direction to Cause Payment to be made of the Sura 
of Two Thousand seven Hundred & twenty thi'ee Pounds three Shil- 
lings & three Pence Sterling, The Whole of which Sum remains behind 
& unpaid & it was about Twelve Months afterwards before they were 
admitted to the Benefit of the Loan of this Province ; Praying the Con- 
tinuance of the Loan for y*' Sum by them borrowed & received of the 
Treas"" of this Province for one Year longer upon the same Security 
that was at first given for the Payment thereof ; 

Voted That the Prayer of the Petition be granted. \_Passed June 10. 



CHAPTER 36. 



ORDER IMPOWERING A MINISTER OR JUSTICE OF THE PEACE TO MARRY 
GEORGE DEAN AND HANNAH RUCK. 



Legislative 
Records of the 
Council, ix., 

294. 



Upon reading a Petition of George Dean of Salem Praying that the 
Minister of the Town of Salem or any of her Majesties Justices of the 
Peace within the same may be impowered to marry the Petitioner & 
Hannah Ruck of the same Place, Who is now with Child by him & 
within two Months or less of her Time & he necessarily employed 
& bound out on a Fishing Voyage, Who can not stay to attend the 
Formalities required by Law : 

Ordered that M"" Nicholas Noyes Minister of Salem or any of her 
Majesties Justices of the Peace living in Salem be impowered forth- 
with to marry the Petitioner & the within named Hannah, An}^ Law, 
Usage or Custom to the Contrary notwithstanding, & without attend- 
ing the particular Directions of the Law. \_Passed June 10. 



[1st Sess.] Province Laws (Resolves, etc.). — 1713-14. 295 



CHAPTEK 37. 

VOTE ALLOWING DAN'i- TUCKER £.45. 

Upon reading a Petition of Daniel Tucker a Soldier at the Eastw^ pf^'^jf**^^ u 
setting fortli that upon the eighteenth Day of September last past he council, ix., 

was sorely wounded & taken Captive by the Indian Enemy at Weils '^ . 

and being in Danger of Dying of his Wounds was forced to purchase Recordl^of the 
his Liberty with Paym' of thirty Pounds, Remaining still in a deplor- council, vi., 72. 
able Condition by Reason of his Wounds & at great Expence Praying 
Relief : 

Voted That the Sum of Forty & five Pounds be allowed & paid out 
of the Publick Treasury to Daniel Tucker the Petitioner. [Passed 
June 11. 



CHAPTER 38. 



VOTE ALLOWING BENJ^ JOHNS £.23. 



Voted That the Sum of Twenty three Pounds be allowed & paid out Legislative 
of the Publick Treasury to Benjamin Johns in full of his Accompt for council* ix., 

the Use the Assembly made of his House from Oct. 6. 1712 ; to May '^£± 

25. 1713. And for Fire Wood & Candles. [Passed June 11. 



CHAPTER 39. 

RESOLVE DISCHARGING THE TREASURER OF £.17709,, 8, IN BILLS OF 

CREDIT BURNED. 

In Obedience to the Order of Court of June the 1 0"" We the Sub- ^*'?^^'?*^'^? ^ 
scribers have opened the Chest containing the Bills made up by us councu", ix., 

the Committee amounting to the Sum of Seventeen Thousand seven '^ 

Hundred & nine Pounds eight Shillings including the Advance of -^"'e, chap. p. 
Eight Hundred thirty two Pounds seven Shillings & three Pence as ' 
exprest on the other Side, & have put the said Bills into a conven- 
ient Oven & caused them all to be burnt to Ashes. 

Eliakim Hutchinson ) .^ ri i. ^ u.\ -n 4. 

-r> rr t With Consent of the Rest 

PeNN lOWNSEND > i? ii n -4.^ 

-p, D r) I of the Committee. 

Edw'* Bromfield 3 

Read & 

Resolved that M' James Taylour Treasurer be & hereby is discharged 
of his Vouchers for Seventeen Thousand four Hundred, seventy nine 
Pounds & thirteen Shillings, including the Sum of Eight Hundred thirty 
two Pounds seven Shillings & three Pence, Advance at Five per Cent. 
as the Bills were received into the Treasury, And for two Hundred 
twenty nine Pounds fifteen Shillings of Twenty Shillings Bills dated 
1702. exchanged at Par for such Sum in the Twenty Shillings Bills 
dated 1708, imprinted & put into the Treasur}^ for that Use, being 
discharged in the Whole for Seventeen Thous*^, seven Hundred & nine 
Pounds eight Shillings. [Passed June 11. 



296 



Province Laavs (^Resolves, etc.). — 1713-14. [Chaps. 40-43.] 



CHAPTER 40. 

ORDER CONTINUING HATFIELD HEARING. [Passed June 11. 

Records^of the \_Printed loith resolves, orders, etc., ^'■granting lands, establishing pre- 
Councii, ix., dncts and i^arislies, and determining territorial boundaries. "'\ 



CHAPTER 41. 



Legislative 
Records of the 
Council, ix., 
296. 



VOTE ALLOWING JON^ PARKE £.5. 

Upon reading a Petition of Jonathan Parke a Soldier in the designed 
Expedition against Canada in the Year 1711. [who] was brought home 
sick & continued so for more than two Months at great Charges, Pray- 
ing for Relief : 

Voted That the Sum of Five Pounds be allowed & paid out of the 
Publick Treasury to Jon"^ Parke the Petitioner in full of his Petition. 
\_Passed June 11. 



CHAPTER 42. 



VOTE ALLOWING DUNSTABLE £.10. 



Legislative 
Records of the 
Council, ix., 
296. 



Voted That the Sum of Ten Pounds be allowed & paid out of the 
Publick Treasury to the Select Men of Dunstable towards y'^ Main- 
tenance of their Minister the Year Curr'. \_Pass(id June 11. 



CHAPTER 43. 



Legislative 
Records of the 
Council, ix., 
296. 



VOTE GRANTING MERCY TAY'S PETITION TO MORTGAGE LAND. 

Upon reading a Petition of Mercy Tay Relict Widow of Cai)tain 
Jeremiah Tay, & only Child «fe Heir of Nath" Woodward late of Bos- 
ton Mariner Deceased, Setting forth that Whereas Judgement was re- 
covered in the Superiour Court holden at Boston in November 1712, 
at the Suit of the Children of her Aunt Mercy East for the one Moiety 
or Half Part of a certain Messuage or Dwelling House and Land scituate 
in Boston, sold by her said Husband in his Life Time and her self to 
Joseph Pulcifer Mariner for the Sum of Two Hundred and twenty five 
Pounds, whereby she is subject & can not possibly avoid making good 
the Damage to the Heirs or Executors of the said Pulcifer the one Half 
of the Purchase Money afore said, And the Petitioners said Husband 
leaving no Estate but what he had in her Right, Consisting only of one 
other Messuage or Tenement next adjoining to that sold as afore said 
& about the same Value, Which by her Fathers Will is in some Measure 
encumbered & in a Sort entailed. Praying that she may be enabled by 
the special Order & Power of this Court to make Sale of her said House 
and Land or at least to mortgage it for so much as may enable her to 
clear off & discharge the Recovery and Incumbrance before mentioned ; 

Ordered that the Petitioner be im powered to mortgage the House & 
Lands within Mentioned for the Sum of One Hundred & fifteen Pounds 



[1st Sess.] Province Laavs {Resolves, etc.). — 1713-14. 297 

Any Thing in the Will of her Father notwithstanding, to Enable her 
to satisfy the Judgement recovered against her as within uieutioned. 
[^Passed June 11. 



CHAPTER ^4. 

ORD« FOR CONTINUING ONE HALF OF Y'- LOAN MONEY. 

Upon reading a Petition of sundry Merchants in Boston whose LcpriPiathe 
Names are thereunto subscribed, Setting forth that they supplied the coluK^f i*x.^''^ 
Agents «& Principal Officers of her Majesties British Laud & Sea Forces 2i'<j- 
designed on an Expedition for the Reduction of Canada in the Year yiw^c, chap.35. 
1711. with considerable Sums of Money on Consideration of the Loan -P"*'. chap. 64. 
granted by the Government in the Bills of Publick Credit by them re- 
ceived of the Treasurer, for which they gave their Bonds with good Secu- 
rity and took Bills of Exchange for their being repaid in Great Britain 
at the Exchange of Forty per Cent. Only two Thirds of the Value of 
the said Bills being yet paid ; Humbly Praying for Favour to be shewn 
them by Prolonging the Time for Payment of the said Loan Money 
into the Treasury ; 

Voted That one Half of the Bills lent to the Petitioners and others 
on the Occasion within mentioned be called in & paid when due, And 
thereupon the Payment of the other Half be respited for one Year 
longer ; 

That the Committee that this Court employed to lend out the Bills 
and take Security for their Repayment be revived and impowered to 
Review and consider the Bonds & Security given for the same. And that 
such of the Bonds wherein any of the Obligors are dead removed out 
of the Province, or by adverse Providence considerably impaired in 
Estate be sued out when due. Unless other & further suflicient Secu- 
rity be given for the Remaining Half to the Satisfaction of the Com- 
mittee. [Passed June 11. 



CHAPTER 45. 

VOTE FOR PAYING £.55, TO HEIRS OF WILLIAM BRADFORD. 

A Deed of Release &- Quitt Claim executed by the Executors & Legislative 
Heirs of William Bradford late of Plimouth Esq"" Deceased for Lands council", ?x., ^ 

at and about the Cape &c. '^ 

Read & Accepted in both Houses, & Mass *'''"^' ^'' 

Voted that the Sum of Fifty five Pounds ordered by the General Archives, 
Assembly at their Session in March 1710, be paid for the same. E^l^ut'ive 

\ Passed June 1 1 . Records of the 

•- Council, VI., 46. 

CHAPTER 46. 

VOTE GRANTING ALEXANDER PLUISIBLEY'S PETITION FOR REMISSION 

OF TAX. 

Upon reading a Petition of Alexander Plumbley Constable of INIen- Legislative 
don Setting forth that on the twenty ninth of March last, being the c^Xif, i*x."'° 
Lords Day, whilst he was attending the Publick AVorship his House 297. 



298 



Pjrovince Laws {Resolves, etc.). — 1713-14. [Chaps. 47-49.] 



•was burn'd down and all he had therein lost, And together therewith 
the Couutrey Rate in his Hands, Ten Pounds laid up in his Chest & 
about Forty Shillings more of the said Rate in his Pocket Book as also 
the Rate it self & the Treasurers Warrant & his Receipt for Twenty 
three Pounds nine Shillings & nine Pence already paid ; Praying that 
what he has lost of the Publick Money may be remitted him & a new 
Order granted him from JVP Treasurer to Enable him to gather in the 
Remainder ; 

Voted That the Prayer of the Petition be so far granted that Ten 
Pounds be remitted and the Petitioner enabled to gather the Remaiud'. 
\^Passed June 12. 



CHAPTER 47. 



VOTE ALLOWING SAMi-i- HILL £.3„ 17 „ 6. 



Legislative 
Kecordsof the 
Council, ix., 

298. 



Upon reading a Petition of Sam" Hill Mariner Pilot of her Majesties 
Ship Kingstone of the Squadron designed on the Expedition against 
Canada in the Year 1711 : And afterwards Pilot of one of the Trans- 
ports : 

Voted That the Sum of Three Pounds seventeen Shillings & six 
Pence be allowed & paid out of the Publick Treasury to Samuel Hill 
the Petitioner for the Months Time before he return'd Home after he 
was discharged from the Kingstone. \^Passed June 12. 



CHAPTER 48 



VOTE ALLOWING BRISTOL CO. TREAS^^ ACC. 



Legislative 
Records of the 
Council, ix., 

298. 



An Accompt presented by Nath" Payne Esq"" Treasurer of the County 
of Bristol of a Countrey Rate ordered in the Year 1711 : the Ballance 
of that Accompt & of a County Rate ordered in the Year 1712 : Amount- 
ing in the Whole to Eighty seven Pounds & six Pence ; Allow'd his Pay- 
ments made thereout with his Commissions amounting to Eighty three 
Pounds nineteen Shillings & six Pence : Allow'd by the Representatives ; 
Read & Coucur'd. \^Passed June 12. 



CHAPTER 49 



VOTE ALLOWING £.35,, 2„4, TO V' OVERSEERS OF Y^ POOR IN Y'' TOWN 

OF BOSTON. 



Legislative 
Records of the 
Council, ix., 

298. 



[Upon reading] An Accompt presented by the Overseers of the 
Poor in the Town of Boston for the Support of Priseilla Smart, Peter 
Reuben & Alexander Steward, Diet & Clothing for the Space of one 
Y''ear past Steward only three Weeks short, amounting to Thirty five 
Pounds two Shillings and four Pence 

Voted That the Sum of Thirty five Pounds two Shillings & four Pence 
be allowed & paid out of the Publick Treasury to the Overseers of the 
Poor in the Town of Boston to discharge the said Accompt. \_Passed 
June 12. 



[1st Sess.] Province Lx\ws {Resolves^ etc.). — 1713-14. 299 



CHAPTER 50. 

ORDER OF HEARING &c. ON NICH^ MOOREYS PETITION, COMPLAINING 

OF A JUDGMENT. 

Upon reading a Petition of Nicholas Moorey of Freetown in the Legislative 
County of Bristol Yeoman complaining of a Judgement obtained against touncu ix ^^'^ 
him & Lieu' Josiah Winslow of the same Town at the Suit of Nath" 2'^g- 
& Timothy Halloway for Damage on Breach of Covenant &c in the /'osi;, chap. %. 
Sup' Court of Judicature by Appeal from the Inf Court in the Year Rerorris'Jnhe 
1711 ; And Judgem' awarded for more Damage than suggested or De- Councii.ix., 
manded by the Writt & Execution levied for the whole Sum upon his 
Estate in Lauds in such Manner as is to his great Prejudice, And the 
said Land disposed of to Cpt. Jared Talbot in a very short Time ; 

Ordered that the Consideration of the Petition be referred to the Ses- 
sion of this Court in the Fall of the Year, And that the Petitioner Cause 
the Halloways the Sheriff & M"" Justice Talbot to be notified thereof that 
they may attend their Concern therein If they see Cause, And if the 
Petitioner see Cause in the Interim to purchase a new Writt of Review 
of the said Suit, he may bring it in the Names of him self & Josiah Wins- 
low, notwithstanding any Collusion or Combination betwixt Winslow & 
the Adverse Party or his Disavowing the Action, the Petitioner to in- 
demnify them from all Costs, Or to bring the Suit in his own Name 
singly, The Execution being wholly satisfied of his proper Estate. 
\_Passed June 12. 



CHAPTER 51. 

ORDER FOR SENDING BRADFORDS DEED TO BARNSTABLE COUNTY TO 

BE RECORDED. 

M** Secretary reporting that the Deed of Release & Quit Claim to Legislative 
the Lands at & about Cape Cod &c, Executed by Mess" John, Thomas coundulf ^ 
&c Bradfords Sons & Heirs of William Bradford late of Plimouth Esq"" 2^9. 
Dec'^ approved by this Court is registered in the Secretarys Office ; Ante, chap. 45. 

Ordered that it be delivered to John Otis Esq'' one of the Justices 
within the County of Barnstable to Cause it to be registered in that 
County & return'd back to the Office ; And the said Deed was 

delivered accordingly in Council. [_Passed June 13. 



CHAPTER 52. 

VOTE ALLOWING £.20, TO FREETOWN TOW^s y^ SUPPORT OF THEIR 

MINISTER. 

Voted That the Sum of Twenty Pounds be allowed & paid out of Legislative 
the Publick Treasury towards Maintaining a Minister in the Town of couucif, ix., ^ 
Freetown the Year Currant. \_Passed June 13. ^^ 



300 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 53-50.] 



CHAPTER 53. 

VOTE ALLOWING SUFFOLK C^ TREAS«'« ACC^s BUT REFUSING FIVE FER 
CENT DISCOUNT FOR THE FUTURE. 



Legislative 
Records of the 
Council, ix., 
299. 



An Accompt presented by Jeremiah Dummer Esq"' Treasurer of 
the County of Suffolk of a County Rate ordered in the Year 1711 : 
the Ballance of y' Accompt & of a County Rate Ordered in the Year 
1712, Amounting in the Whole to One Thousand Eighty one Pounds 
twelve Shillings & eleven Pence, and of his Payments made there- 
out with his Commissions, amounting to Eight Hundred eighty seven 
Pounds nineteen Shillings ; Allowed by the House of Representa- 
tives ; & 

Ordered that for the Future, Five per Cent. Loss upon Paying of 
Money be no more allowed to the' Accomptant ; And that such Con- 
stables in the County as have received in the Rates not allowing five 
per Cent, on the Bills of Credit paid to them refund to their respective 
Town Treasurers the Five per Cent, advance, W'' the County Treas- 
urer allowed in his Receiving the Taxes of them to be improved & paid 
in Part of the respective Towns Proportion to the next County Assess- 
ment 

Concurred in Council. \_Passed June 13. 



CHAPTER 54. 

VOTE APPOINTING A COMM'^e" TO SURVEY LAND PETITIONED FOR BY 
FRAMINGHAM. [Passed June 13. 

Records^of the [^Printed with resolves, orders, etc., '-'• granting lands, establishing pre- 
Councii, ix., cincts and parishes, and determining territorial boundaries."'] 



Legislative 
Records of the 
Council, ix., 
277. 

Maps and 
Plans, iv., 13. 

Maps and 
Plans, iv., 12. 



CHAPTER 55. 

VOTE OF CONFIRMATION OF 240 ACRES OF LAND TO JETHRO COFFIN. 

[Passed June 13. 

[^Printed with resolves, orders, etc., ^'■granting lands, establishing jyi'e- 
cincts and parishes, and determining territorial boundaries."] 



CHAPTER 5G. 



ORDER CONFIRMING CHARLESTOWN BY LAW AG^f SWINE. 



Legislative 
Records of the 
Council, ix., 
300. 



Upon reading a Petition of several of the Freeholders & Inhabitants 
of the Town of Charles-Town in the County of Middlesex, presented 
by their Representatives, Prayino that a Town Vote pass'd by y*^ P'ree- 
bolders & Inhab'' of the said Town at a Gen" Town Meeting the second 
of March last past for the Restraint of Swine going at Large may be 
confirmed & established as a By Law for the said Town upon the Sanc- 
tion therein mentioned ; 



[1st Sess.] Province Laws (liesolves, etc.). — 1713-14. 301 

Voted, That the Prayer of the Petition be granted, And the By Law 
of the Town of Charlestown within mentioned be allowed «&; confirmed, 
So that this Order take not Effect till the twentieth of October next. 
[^Passed June 15. 



CHAPTER 57. 

VOTE ACCEPTING THE TREAS^s ACC^ & DISCHARGING HIM FOR 

£.47787,, 17 „ 7. 

The following Vote pass'd in the House of Repres'"'^' Read & Con- Legislative 

niirrprl • Y\v Records of the 

currea , viz, Council, ix., 

The Accompts of M' James Taylour Treasurer & Receiver Gen" of 3oi^ 

this Province, beginning the 31'' of May 1712, And Continued unto 
the 29'^ Day of May 1713. Amounting to the Sum of Sixty five Thous** 
five Hundred Pounds, four Shillings & ten Pence having been presented 
& laid before the House of Represent""^' & inspected by said House ; By 
which it appears, There was standing out on the said twenty ninth Day 
■of May of tlae sev" Assessm" Ten Thousand two Hundred & ninety seven 
Pounds, As also of the Duties of Impost &c (as by Accompt rec'' from 
M'' Daniel Russel Commissioner) Two Thousand forty seven Pounds 
eighteen Shillings & three Pence to be drawn in to the Treasury «& 
further to be accompted for ; 

Voted that the said Accompts in the sev" Articles of Receipts & 
Payments therein mentioned, amounting unto the Sum of Forty seven 
Thous*^ seven Hundred Eighty seven Pounds seventeen Shillings & 
seven Pence be &, hereby are approved & allowed of. And the said 
Treas' is hereby discharged of the said Sum of Fourty seven Thou- 
sand seven Hundred Eighty seven Pounds seventeen Shillings & seven 
Pence. \_Passed June 16. 



CHAPTER 5S. 

ORD^ FOR ISSUING £.7000, IN BILLS. 

Resolved that the Treasurer be & hereby is directed & impowered to Legislative 
issue forth & Emit the Sum of Eight Hundred sixty eight Pounds of coum-u, ix.!''^ 
tbe Bills of Publick Credit on this Province, which remain of the Fifteen 3oi. 
Thousand Pounds lodged with him to Exchange for the Twentv Shil- Ante, chap. 39. 
ling Bills, Dated in 1702: Called in by Order ^of this Court; And the Post,c\iixv.ii. 
further Sum of Six Thousand one Hundred thirty two Pounds of the 
Bills of Publick Credit on this Province that are or shall be received 
into the Treasur}^, In the Whole the Sum of Seven Thousand Pounds, 
Towards Payment of the Publick Debts of the Province already con- 
tracted & the further necessary Charge for the Defence thereof, For 
Supplying &, Subsisting the Forts Garrisons & Forces raised & im- 
ployed within the same, & Wages arising for their Service, For the 
Payment of Grants, Salaries & Allowances made & to be made by 
this Court, according to such Draughts as from Time to Time shall 
be made on him by Warr' or Order of the Govern'' by & with the Ad- 
vice & Consent of the Council : And the said Bills shall pass out of the 
Treasury at the Value therein expressed. Equivalent to Money & shall 

> Printed in the notes to the Acts of the year 1713-14, Province Laws, i., 733; reprinted 
here, as important. 



302 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 59-61.] 



be taken «fe accepted in all publick Payments at the Advance & after 
the Rate of Five Pounds per Cent. more. 

And that the Duties of Impost & Excise shall be a Fund & Security 
for the Repayment & Drawing in the said Bills to the Treasury again 
so far as that will reach ; 

And as a further Fund & Security for the same, For the Paying of 
Soldiers Wages, & for Defraying the further necessary growing Charge 
of the Province, the Defence of her Majesties Subjects & Interests 
within the same & Support of the Government thereof, There be & 
hereby is granted to her most Excellent Majesty to the Ends & Uses 
aforesaid, A Tax of Seven Thousand Pounds to be levied upon Polls 
& Estates both Real &, Personal within this Province, According to 
such Rules & in such Proportion upon the several Towns & Districts 
within the same, as shall be Agreed on & Ordered by the Great & 
Gen" Court or Assembly of this Province, At their Session in May 
Anno One Thousand seven Hundred & eighteen. To be paid into the 
Treasurer, Two Thousand Pounds thereof on or before the last Day 
of November next after, And the remaining Five Thousand Pounds 
thereof at or before the last Day of May anno, One Thousand Seven 
Hundred & nineteen. \_Passed June 16. 



CHAPTER 59. 



RESOLVE FOR MAKING A PRESENT TO W" HARRIS OF £.10, IN PLATE. 



Legislative 
Records of the 
Council, ix., 
302. 



Resolved that M'' William Harris be presented with a Piece of Plate 
of the Value of Ten Pounds for his good Service in Translating of 
French Papers for this Government for several Years past to be paid 
for out of the Publick Treasury ; And that John Clark & Addington 
Davenport Esq'' be desired to prepare & present it. \_Passed June 1 6. 



CHAPTER 60. 



RESOLVE ALLOWING SAM'-i' GERRISH'S ACC^ FOR £.11,, 4„ 8. 



Legislative 
Records of the 
Council, ix., 
302. 

Post, chap. 76. 



An Accompt of Samuel Gerrish Book seller for Printing M' Pember- 
tons Election Sermon, Sticking & Binding of them up, Amounting to 
thirteen Pounds, fourteen Shillings & eight Pence, Whereof two Pounds 
ten Shillings received for Sales of some of them, There remaining Eleven 
Pounds four Shillings & Eight Pence due for Ballance. 

Read & 

Resolved that the Sum of Eleven Pounds four Shillings & Eight Pence 
be allowed & paid out of the Publick Treasury to Samuel Gerrish the 
Accomptant being the Ballance of his Accompt, And that he be directed 
to return the remaining Books to this Court. {^Passed June 16. 



CHAPTER 61 



RESOLVE ALLOWING CPT. SOUTHACK £.50, 



Legislative 
Records of the 
Council, ix., 
303. 



Upon readinc a Memorial of Cpt. Cyprian Southack of the Demands 
of sev" Sums of Money to be paid by this Government, That is to say, 
For Hire of the Sloop Speedwell for P^ntertainm' of Admiral Walker, 



[1st Sess.] Province Laws {Resolves^ etc.). — 1713-14. 30S 

for Expences ou the Pilots & Drawing a Map, & Loss of Time & Ex- /'os^, chap. 120. 
pences in Manning the Transports, Amounting in the Whole to One R^corrt"oMhe 
Hundred thirty six Pounds seventeen Shillings ; He having been before ^l^un*^". '-''•> 
considered & allow'd for his Loss of Time in the Drawing of Maps 
Meeting of Pilots & P^xpenee in Manning of Transports ; 

Resolved that the Sum of Fifty Pounds be allowed &, paid out of the 
Publick Treasury to Cpt. Cyprian Southaek in full of his Demand from 
this Goverum'. \_Passed June 16. 



CHAPTEK 62. 

RESOLVE ALLOWING £.5, TO Y^ MINISTRY AT BROOKF» 

Resolved that the Sum of Twenty Pounds be allowed & paid out of R^fJ^j"of t,je 
the publick Treasury towards the Maintenance of the Ministry in the Councu, ix., 
Plantation of Brookfield the Year Currant. \_Passed June 16. — 



CHAPTER 63. 

VOTE ALLOWING £.4, TO MARY FLEGG: £.3„ 10, TO SARAH BEERS. 

In Answer to the Petition of Mary Flegg &, Sarah Beers of Water- Legislative 
town Widows, for Consideration & Allowance to be made them for coimcii^, Ix.*^'^^ 
Charges & Expence ou the Sickness & Funeral of Michael Flegg Hus- 
band of the said Mary Flegg & Richard Beers Son of the said Sarah 
Beers being return'd home sick from her Majesties Service in the de- 
sigu'd Expedition against Canada in the Year l7ll. 

Voted That there be allowed & paid out of the publick Treasury, 
Four Pounds for Mary Flegg & Three Pounds ten Shillings to Sarah 
Beers in full of their Petition. \_PassedJune 16. 



303. 



CHAPTER 64. 

VOTE GRANTING JN^ BORLANDS PETITION FOR A YEAR'S RESPITE IN 
PA'YMENT OF A LOAN. 

Upon reading a Petition of John Borland of Boston Merchant, Pray- Leffisiative 
ing a further Indulgence & Respite of One Years Time longer, for his councu,\x.!''^ 
Pajing in the Sum of Nine Hundred eighty one Pounds five Shillings ^ 



& three Peuce, Part of the Loan in the Publick Bills of Credit by him A-nte,<■\^r\\^.u. 
received out of her Majesties Treasury of this Province, for that he Legi'siatne 
is so much in Advance towards the Charge of the late intended Expe- coun^!i'f "x '^'^^ 
dition to Canada, As by his Accompts audited reported & transmitted 249, 255,'36o'.* 
to the Right Hon'''* theLord High Treasurer of Great Britain, with a 
Certificate thereon for his Lordships Direction to Cause Payment to 
be made, but not One Peny yet received ; 

Voted That the Prayer of the Petition be Granted. \_Passed June 16. 



304 



Province La^vs (^Resolves, etc.). — 1713-14. [Chaps. 65, 06.] 



CHAPTER (^5. 



Legislative 
Records of the 
Council, ix., 
303. 



VOTE ALLOWING NATH'-'- WHITNEY £.5. 

In Answer to the Petition of Nath'^ Wliitney of Watertown Praying 
to be reimbursed his Charge & Expeuces on the Sickness & Funeral of 
his Son Ebenezer Whitney, who return'd Home sick from the Service 
of the late intended Expedition against Canada of which Sickness he 
dyed. 

Voted That the Sum of Five Pounds be allowed & paid out out^ 
of the Publick Treasury to Nathaniel^ Whitney the Petitioner in full 
of his Petition. \_Passed June 16. 



CHAPTER 66. 



Legislative 
Records of the 
Council, ix., 
304. 



VOTE ACCEPTING THE COMMtees REPORT OF A DUTY FOR Y« LIGHT 

HOUSE. 

The'FOllowing Report of a Committee for a Duty for the Support 
of the Light House ; Read & Accepted & Concur'd by the Repres"^' Viz, 

In Observance of the Order of Court, We are humbly of Opinion, 
1" That One Penny per Tun Inwards & One Penny per Tun Outwards 
be paid by all Vessels, coming in & going out of Boston Harbour, 
Excepting Coasters, Wood Boats, Fishing Vessels, & other Vessels 
imployed in Bringing in Lumber &c from within this Province or New 
Hampshire : 2'^ That all Coasters pay two Shillings each Time 

they clear out at the Port of Boston ; None to be accounted Coasters, 
But such who import Provisions, Tar, Pitch Turpentine & Lumber, 
Whose Owners belong to this Province, New Hampshire, Rhoad Island 
Connecticut, New York, East or West Jersey or Annapolis Royal, And 
are bona Fide bound to some of the aforementioned Governm'* or Vir- 
ginia, Mary Laud, Roanoak or Pensilvania : 3*^'^ That all Fishing 
Vessels, Wood Boats & other Vessels employed in Brmging Fish, Wood, 
Lumber &c from within this Province coming into Boston Harbour, shall 
at their first passing the Light House, pay five Shillings to be for the 
Year ; 4"^^^ That the Undertakers be impowered to appoint an 
Officer, who shall attend at certain Hours for the Entering of all such 
Vessels & to give Certificates of the Payment of the Duty hereby set. 
Who shall be allowed Six Pence for each Certificate for his Attendance 
over & above the Duties herein enumerated. 

(sign'd) Elisha Hutchinson ^ Order of the Comm'*^ 

Proposed, That for Doing equal Justice «fe Preventing Disputes, All 
Ships or other Vessels with two Decks may be measured upon the Main 
Deck from the Stem to the Stern Post, Then Subducting the Breadth 
from Out side to Out Side athwart the Main Beam, the Remainder to 
be accounted her Length by the Keel, W'-'' being multiplied by the afore 
said Breadth, &, the Product thereof multiplied b}' One Half of the said 
Breadth (as Depth of Hold) Dividing the whole Product by One Hun- 
dred, The Quotient to be the Tunnage of said Ship ; & all Ships & other 
Vessels having a single Deck or Deck & an Half to be measured in the 
same Manner Excepting tlie Depth of Hold, W^'' may be from the Ceil- 
ing to the lower Side of the Main Beam. [^Passed June 17. 



1 Sic. 



a Written Nathanies. 



[1st Sess.] Province Laws {Resolves, etc.). — 1713-14. 305 

CHAPTER 67. 

VOTE ALLOWING £.20, TO JN" CAMPHEL POST MASTER. 

In Answer to the Petition of John Camphel Deputy Post Maf5ter Legislative 
Gen" & his Accompt therewith presented for the Postage of Publick ^uu^^f f*.^^^ 
Letters ; Praying such an Allowance may be made him as to enable 305. 
& Encour[a]ge him to be faithful in the Discharge of his Post; Leu'isiatUe 

Voted That the Sum of Twenty Pounds be allowed & paid out of coum'iUx.*''® 
the Publick Treasury to the Petitioner in full of his Accompt to the 223, 291. 
thirtieth of May last. \_Passed June 17. 



CHAPTER 68. 

VOTE FOR BRINGING AN INFORMATION AGAINST MAJ^ STODDARD. 

In Consideration of the Information & Complaint of William Armes Legislative 
of Deerfield against Major John Stoddard late Captain of a Company c^unc'if fx !''^ 
at the Garrison of Deerfield for a false Muster ; 305. 

Voted That an Information be brought forward at the next Court 
proper for Trying the same against the said Stoddard & that M' 
Attorney Gen" be desired to bring forward an Information accord- 
ingly. \_Passed June 17 . 



CHAPTER 69. 



RESOLVE ALLOWING £.250, TO HIS EXCY. 



Resolved that the Sum of Two Hundred & fifty Pounds be allowed R^^^lf"7ti, 
and paid out of the publick Treasuiy to his Excellency Joseph Dudley council, ix., 

Esq" Captain Gen'^ & Govern"' in Chief of this her Majesties Province '^^ 

for his Support in Managing the the ^ Affairs of the Goverum'. \_Passed -P''s^ chap. 121. 
June 18. 



CHAPTER 70. 

RESOLVE ALLOWING £.50, TO Y^ HON^J-^ THE L^ GOV«. 

Resolved that the Sum of Fifty Pounds be allowed & paid out of the Legislative 
Publick Treasury to the Hon'''^^ William Tailer Esq' Lieu' Govern" in counc*if,ix.f^ 
Consideration of his Readiness at all Times to seiwe this Province. 306. 
\_Passed June 18. 

CHAPTER 71. 

RESOLVE ALLOWING £.200, TO THE JUDGES. 

Resolved that the Sum of Two Hundred Pounds be allowed & paid Legislative 
out of the publick Treasury to the Hon"'^ the Judges of the Superiour c^uS i^.?""^ 

Court in Proportion to y* Courts they attended y* last Year. \_Passed '^^ 

June 18. 

1 Sic. 



306 



Province Laws (Besolves, etc.). — 1713-14. [Chaps. 72-76.] 



CHAPTER 72. 



Legislative 
Records of the 
Council, ix., 
306. 



RESOLVE ALLOWING £.225, TO M'' TREAS'' TAYLOUR. 

Resolved that the Sum of Two Hundred & twenty five Pounds be 
allowed & paid out of the publick Treasury to INP James Taylour 
Treasurer of this Province, for his Service in the said Office the Year 
past. \_Passed June 18. 



Legislative 
Records of the 
Council, ix., 
306. 

Legislative 
Records of the 
Council, ix., 
275. 



CHAPTER 73. 

RESOLVE FOR REMITTING £.300, STERL. TO M" AGENT DUMMER. 

Resolved that the Treasurer be directed to purchase good Bills of 
Exchange for Three Hundred Pounds Sterling to be paid W Jeremiah 
Dummer in London Agent for this Province further to Enable him to 
negotiate the Affairs thereof. [^Passed June 18. 



CHAPTER 74. 



RESOLVE ALLOWING £.20, TO M" JN*^ WHITE. 

Records'of the Resolved that the Sum of Twenty Pounds be allowed & paid out of 
Council, ix., the publick Treasury to M' John White Clerk of this House in Part for 
his Service the Year Currant. [^Passed June 18. 



306. 



CHAPTER 75. 



Legislative 
Records of the 
Council, ix., 
306. 



RESOLVE ALLOWING £.30, TO JA. MAXWELL. 

Resolved that the Sum of Thirty Pounds be allowed & paid out of 
the publick Treasury to M'' James Maxwell Door keeper to his Excel- 
lency the Govern'' & this Court for his Service the Year past, ended 
the eighth Day of this Month. \_Passed June 18. 



CHAPTER 76. 



Legislative 
Records of the 
Council, ix., 
306. 



Ante, chap. 60. 



VOTE ALLOWING £.o „ 2„ 10, TO M» SAM'-'- GERRISH BOOK SELLER. 

[Upon reading] An Accompt presented by Samuel Gerrish Book 
seller of the Charge for Paper Printing Folding & Sticking of M"" 
Chevers's Election Sermon, Amounting to Six Pounds & four Pence, 
Of which Five Pounds two Shillings & ten Pence resting due to Bal- 
lance ; 



[1st Sess.] Province Laws (Besolves, etc.). — 1713-14. 307 

Voted That the Sum of Five Pounds two Shillings & ten Pence be 
allowed & paid out of the publick Treasury to jVF Samuel Gerrish being 
the Ballauee of his Accompt. \^Passed June 18. 



CHAPTER 77. 

VOTE OF ADVICE ABOUT A PRESENT SUPPLY TO THE INDIANS, IN 

TRADE. 



The following Vote pass'd in the House of Repres™' Read & Con- Legislative 

ir'd, Viz, Re<-ords ot 1 

Whereas the Indian Rebels have not as yet brought in the Cap- so; 



tives, & made their Submission, which is demanded of them by his Provincial 
Excellency by the Advice of this Court before they should be ad- Hanmsiih-irii., 
mitted to any further Terms, This House are humbly of Advice that Part i., ae.'cuo! 
it is not proper to make any further Steps towards a Trade with them ; 
But that upon their Compliance with the afore said Demands of his 
Excellency, His Excellency with Advice & Consent of the Council do 
admit them to such Trade with particular Persons on their own Ac- 
counts for their present Supply as shall be thought most convenient, 
till the next succeeding Session of this Court when the Nature of a 
Trade with them may be more thoroughly considered. [Passed June 19. 



CHAPTER 78. 

ORD" FOR IMPRINTING £.500, IN BILLS OF CREDIT. 

Ordered that the Sum of Five Hundred Pounds in Bills of Publick Legislative 
Credit on this Province be further & forthwith made by the Comm"^'' coundi'',?x.,'*' 

that made the last Bills, upon the Plate which contains two Shillings, ^^''i: 

two Shillings & six Pence, three Shillings, three Shillings & six Pence ^"'''''"'"'P-a^^ 

o ' o Post cliAU 98 

Bills, Who shall be paid for them as they were for the Bills they last 
made. That they deliver them to the Treasurer taking his Receipt for 
the same ; And the Treasurer is hereby directed to issue them in Lieu 
of the like Sum of Five Hundred Pounds of Bills that are or shall be 
received into the Treasury ordered to be Emitted by a Resolve of this 
Court made this Session granting unto her Majesty a Tax of Seven 
Thousand Pounds. [^Passed June 19. 



CHAPTER 79. 



ORDER DISMISSING THE POWDER HOUSE WARDER. 



For Abating & Retrenching the growing Charge, Legislative 

Ordered that the Warder appointed to guard the Powder House by coiindf u.^'^'' 

Day be now dismist. There being no further Occasion for that Charge. 308. 

[Passed June 19. 



308 Province Laws {Resolves, e^c). — 1713-14. [Chap. 80.] 



CHAPTEE 80. 

ORD" FOR SAM^^ MAXWELL TAKING CHARGE OF THE COURT HOUSE 

& HIS ALLOWANCE. 

Records^of the Ordered that the Cave & Charge of the publick Court House in Bos- 
Councii.ix., ton for the seasonable Opening & Shutting it up, Preserving it from 

Damage Keeping it clean &c, be committed to Samuel Maxwell Door 

keeper to this House, And that he be allowed after the Rate of Forty 
Pounds for the Year Currant beginning the first Day of this Mouth for 
the said Services if he perform them, Ten Pounds Part thereof to be 
now paid him. And the further Sum of Three Pounds for his Service 
the two last Sessions out of the Publick Treasury. \_Passed June 19. 



308 



[2d Sess.] Province Laws {Hesolves, etc.). — 1713-14. 309 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fifth Day of August, A.D. 17 13. 



CHAPTER 81. 

ORDER APPOINTING A COMM^^e FOR RUNNING THE S'^ LINE &c WITH Legislative 

CONNECTICUT. [Passed August 6. Records of the 

•■ ^ Council, IX., 

313. 

[^Printed tvith resolves, orders, etc., ^^ granting lands, establishing pre- ^nte, chap. 29. 
cincts and parishes, and determining territorial houndaries."'\ pos<, chap. 82. 



CHAPTER 82. 

RESOLVE ACCEPTING THE AGREEM"^ FOR FIXING THE LINE WITH Legislative 
CONNECTICUT AND GRANTING LAND TO ELISHA HUTCHINSON & IS^ Records of the 
ADDINGTON ESQ^^ [Passed August 7. Sio"*^*^ ^^'' 

[^Printed with resolves, orders, etc., '■'•granting lands, establishing pre- Pos<,'chap.'i35. 
cincts and parishes, and determining territorial boundaries."'] Rifords'of the 

Council, ix., 
311, 312. 



CHAPTER 83. 

ORDER OF CONFIRMATION OF TAUNTON N^ PURCHASE. [Passed August 7. Legislative 

Records of the 
, Council, ix., 

[^Printed ivith resolves, o/ders, etc., '■'•granting lands, establishing pre- su. 



cincts and parishes, and determining territorial boundaries."] Pos^ chap. 153. 



CHAPTER 84. 

VOTE FOR SUPPLY OF THE INDIAN TRADE. 



Upon Consideration of that Part of bis Excellencies Speech, which ^^s^^.^^*'^^ 
refers to Supplying the Eastern Indians, who have lately recognized counciMx., 
their Submission to her Majesty; ^}± 

Voted that his Excellency with the Advice & Consent of the Council 
do admit them to such a Trade with particular Persons on their own 
Accompts for their present Supply as shall be thought most conven- 
ient untill the next Fall Session come When there may be Leisure 



310 Province Laws (^Resolves, etc.). — 1713-14. [Chap. 85.] 

more thoroughly to Consider the Nature of that Trade & make a 
proper Settlement thereof : 

Voted by both Houses. \_Passed August 7. 



CHAPTER 85. 

ORDER FOR SELLING OF Y^ PROV. GALLEY. 

KecordTof the "^^^ ^^^ being uow ended & no further Occasion for the Province 
Council, ix., Galley W'' lies by the Walls upon Charge & under Decays : 

^ Ordered that M'' Commissary Gen" Belcher, Cpt. Thomas Hutchin- 

Post, chap. 128. gQj-, ^ Major Thomas Fitch be a Comm"^*^ to make Sale of the said Ship 
with all her Tackle Apparel Stores & Appurtenances (her Great Guns 
& Small Arms excepted) at the best Rate that may be & deliver the 
Produce to the Treas'' taking his Receipt for the same ; The Great 
Guns & Small Arms & Appurtenances belonging to them still to re- 
main in the Custody of the Commissary Gen". \_Passed August 8. 



[3d Sess.] Province Laws {Hesolves, etc.). — 1713-14. 311 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fourteenth DxVy of October, A. D. 1713. 



CHAPTEK 86. 

ORDER GRANTING FRANCIS HOLMES'S PETITION ABOUT AN INDIAN 

MAN. 

Upon reading a Petition of Francis Holmes of Boston Tavern'' Pray- Legislative 
ing that he may be indulged and favoured to Continue in his Service a ^yn^Jjf f^^^^ 
Carolina Indian Man used to the Masons Trade till a brick building he 320. Mass.' 
has now in hand is finished promiseiug then to Transport and Send hira leg? ^^^^'^^■' 
back again 

Ordered, That the Prayer of the Petition be Granted Viz' that the 
Petition"^ be indulged to Continue the Said Indian in his Service for 
one year longer. He giving Security as is proposed then to Transport 
him. 

And that the Suit depending in the Law against him upon his former 
bond cease. [_Passed October 16. 



CHAPTEE 87. 

ORDER OF HEARING ON THE PETITION OF KATH''' NANNEY ALIAS NAY- 
LOUR TO SELL OR MORTGAGE LAND. 

A Petition of Katherine Nanny alias Naylour Widow & Relict of ^^^^jf^^^Pfj, 
Robert Nanny Dec"^ Praying Liberty to make Sale or to mortgage a councif,?x., 

House & Land in Boston of her s*^ Husband Nanueys for her neces- ^ 

sary Relief & Support : Read & i>os^ chap. 16S. 

Ordered that the Petitioner Cause Major John Wheelwright, & the 
Attorney of the Heirs of Robert Nanney (if any such there be) to 
be served with a Copy of this Petition, That they may be heard there- 
upon at the present Session in Case they can be timely Notified, Or 
otherwise at the next Session of this Court, If any Thing they have 
to object why the Prayer thereof should not be granted. [Passed 
October 16. 



CHAPTEK 88. ^ffl'fo'fthe 

CouncU, ix., 

ORDER ESTABLISHING LYN N'' PRECINCT. [Passed October 16. — 

Legislative 
Records of the 
[Printed ivith resolves, orders, etc., ^^ granting lands, establishing pre- Council, ix., 

cincts and parishes, and determining territorial boundaries. "'\ 



312 



Province Laws (Resolves, etc.). — 1713-14. [Chaps. 89,90.] 



CHAPTEE 89. 



ORDER IMPOWERING JOS. PARSONS TO SELL LAND. 



Legislative 
Records of the 
Council, ix., 
321. 



Upon reading a Petition of Joseph Parsons of Boston Clerk, Con- 
stituted sole Execuf of the last Will & Testament of Mai'garet White 
late Relict & Executrix of Lawrence White of Boston Mariner both 
Dec"^ Praying that he may be impowered & enabled to make Sale of 
a certain House & Land of the said Lawrence Whites scituate at the 
North End of Boston of the Value of about Ninety Pounds, & Pass 
& Execute a good Deed in the Law for Conveyance thereof, That so 
he may pay & satisfy the Debts contracted by the said Margaret as 
well for Paym' of her said Husbands Debts as for Necessaries for her 
own Support & Relief there being no Issue or known Relation of the 
said Lawrences ; 

Ordered that the Prayer of the Petition be granted, & the Petitioner 
is impowered to execute a good Deed of Sale for the said House & Land 
therein mentioned. He to accompt with the Judge of Probate for the 
Remainder of the Money produced of the said Sale after Payment of 
Debts. [^Passed October 17. 



CHAPTER 90. 



ORDER ON BENJ^ ROWLANDS PETITION IN REGARD TO A DEFECTIVE 
DARTMOUTH RATE BILL. 



Legislative 
Records of the 
Council, ix., 
321. 



Upon reading a Petition of Benjamin Howland now or late Con- 
stable of Dartmouth Setting forth that in the Year 1712, A Rate Bill 
was committed to him & Warrant signed by John Trip, John Tabor 
& John Russel Select Men to collect the Sum therein contained of the 
Inhabitants ; Two of whom. Viz, Tripp & Tabor were sworn according 
to Law Russel not. So that the Petitioner has been sued by one Allen 
for an illegal Distress made upon him by Vertue of the said Warr' 
And Judgem' given against him, & is liable to the Actions of others, 
humbly Praying the Advice of this Court ; 

The Validity of the Rate Bill of the Town of Dartmouth in the 
County of Bristol for their Proportion to the Province & Town Tax 
made in the Year 1712: with the Warrant thereupon signed by the 
Assessors being drawn into Question, For that only Two of the three 
Assessors were under Oath, to the Obstruction of the Collecting & 
Drawing into the publick Treasury so much of the Sum granted by 
this Court to her Majesty for the Publick Service of the Province ; 

Ordered that for this Time the said Rate Bill be held & esteemed 
good & valid in the Law the afore said Defect notwithstanding, And 
that the Constables proceed to perfect their Collections accordingly 
& be justified in their Doings therein ; So nevertheless. That if any 
particular Person or Persons be aggrieved at the Proportion set ou 
them to the said Tax, They be heard before M' Justice Pope & the 
Assessors & eased therein upon just Cause shewn. [^Passed October 17. 



[3d Sess.] Province Laws {Resolves, etc.). — 1713-14. 313 

CHAPTER 91. 

RESOLVE ALLOWING £.60, TOWARDS BUILDING PATUCKET BRIDGE. 

Upon a Memorial presented by Joseph Jenks Esq"^ Relating to the Legislative 
Charge of Erecting a Bridge over Pautucket River ; Councu^ fx*^^ 

Resolved that the Sum of Sixty Pounds be allowed & paid out of the 322. 
publick Treasury to Joseph Jenks P^sq"" the Memorialist towards de- ^»j<e,chap. l 
fraying the Charge of the Bridge mentioned in his Memorial. \_Passed R^forls^of tiie 
October 17. council, ix., 

32L 

CHAPTER 92. 

ORDER ESTABLISHING A PRECINCT IN READING. [Passed October 20. 

{^Printed loitli resolves^ orders, etc., '•'- grantincj lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries."'] councif ?x*^^ 

323. 



CHAPTER 93. 

ORDER ACCEPTING THE COMM^es REPORT IN Y^ AFFAIR OF MEDFIELD. 

[Passed October 20. 

[Printed ivith resolves, orders, etc., '■'' granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries."'] coun'cif fi.*"^^ 

323. 



CHAPTER 94 



Ante, chap. 5. 



ORDER ALLOWING 4/ 8, P MAN W WEEK FOR VICTUALLING AT CASTLE 

^VILLIAM. . 

On the Petition of Zeehariah Tuthill Lieut. & Master Gunner of her Legislative 
Maj'<=^ Castle AYUliam : ^^m^u, f^.I''^ 

Ordered that Four Shillings «& eight Pence per Man per Week be 324. 
allowed to the Petitioner for Victualling the Garrison the Half Year, ^"^e, chap. 25. 
Ending the third Day of June next, And the Sum of Thirty Pounds ^°'^' ''^''^" ^^' 
in Consideration of his Service in Buying Materials Overseeing Direct- 
ing & Keeping the Accompts of the Works, & the late Disadvantage 
he has been under in the Victualling. \_Passed October 20. 



CHAPTER 95. 

VOTE APPOINTING A COMM^ee fOR RESETTLEM^ OF WORCESTER. [Passed Legislative 

October 21. Records of the 

Council, Ix., 
324. 

\^Printed tvith resolves, orders, etc., ^^ granting lands, establishing pre- ^^^ 

cincts and parishes, and determining territorial boundaries."'] Archives, 

•^ -• cxiii., 535. 



31^ Province Laws {Resolves, etc.). — 1713-14. [Chaps. 96,97.] 



CHAPTER 96. 

ORDER ON NICH" MOREYS PETITION, COMPLAINING OF A JUDGMENT 

AGAINST HIM. 

Records o^f^ the ^^ "^^^^ Case of Nicholas Moorey of Freetown by his Petition to this 
Council, ix., Court Complaining of great Wrong done him by a Juclgem' given against 

— him & Josiah Winslow in the Superiour Court of Judicature within the 

Legisiatfve" ^^' County of Bristol on the second Tuesday of September in the Year 1711. 
Records of the At the Suit of Nath" Halloway & Timothy Halloway for Breach of Cov- 

Ooiincil ix */ *j 

525. ' ' "' enaut & Damages awarded against them more than averred & demanded 
in y*" Writt Complaining also of the Mislevyiug the Execution awarded 
upon the said Judgem' the whole Damages being levied upon the Com- 
plainants Lands, who was but a joint Party in the Covenant, & in such 
Manner as is grievously to the Prejudice of the Remainder thereof. And 
that the Creditors immediately made Sale of the same, whereby the Com- 
plainant is left without Remedy in the Law to redeem or Recover back 
his Lands upon Paying the Money for which the same was levied ; Mani- 
fest Errour appearing in Rendering the said Judgem' & the Proceedings 
had thereupon & Injustice done the Complainant ; 

It is therefore 

Ordered that the Lands so unduly & unjustly taken & levied be sub- 
jected in the Law to the Arrest of the Complain' upon Writt of Review 
for a New Trial of the said Cause, The Alienation thereof as afore said 
notwithstanding, & upon his Recovery the Lands to be restored to him 
again. The Vendors to be liable to the Action of the Vendee for the 
Money paid for the same ; But if the former Judgem' be affirmed, a 
new Execution to be awarded thereupon &. levied on the Estates or 
Persons of both jointly obliged in the Covenant, And the first Execu- 
tion declared void & of none Effect. \_Passed October 23. 



CHAPTER 97. 

ORDER CONFIRMING TITLE TO LANDS IN FAVOR OF JOHN HIGGINSON. 

Becords^of the IJpoN READING a Petition of John Higginson Esq"' Praying a Confirma- 
€ouncii, ix., tion of two Certain Lots of Land by him bought of James Dowland ; &, 

"^ the Heirs of Joseph Hardy formerly sold unto them by Jeremiah Belcher 

late of Ipswich Dec*^ out of a certain Tract of Land on the North Side 
of Merrimack River, butting against Pantucket & so running along to 
Haverhill wards as far as Wills AVigwam & so up into the Countrey 
to Jeremy s Hill so called, W^^ the said Belcher purchased of Ned 
Acocket an Indian, The Lott of Dowlands containing one Hundred 
Poles Breadth upon the River & Three Hundred Poles back & Twenty 
Acres of Meadow, The Lott of Hardy containing One Hundred & Tenn 
Poles Breadth upon the River & Three Hundred & twenty Poles back 
& twenty Acres of Meadow, W^** said Lotts ly above Major Denisons 
Farm against y" upper End of Andover. 

Ordered that the Prayer of the Petition be granted so far as it does 
not interfere with the Grant to Dracut nor any other Grant of this 
Court. [^Passed October 23. 



£3d Sess.] Province Laws (Hesolves^ etc.). — 1713-14. 



315 



CHAPTER 98. 

VOTE ACCEPTING THE C0MMtt'"-8 REPORT ABOUT UNSERVICEABLE BILLS. 

The Comm™*'^ of both Houses appointed to sort & take an Accompt Rgfords of the 
of the Bills of Credit of this Province received into the Treasury on Council, ix., 
Accompt of the Loan, Reported as follows ; Viz, ^ 

We have attended the said Service, sorted, numbered & made up pos<,' chap! 102. 
the s*^ Bills in distinct Bundles, Containing the Number Sorts & Quan- 
tities following Amounting in the Whole to the Sum of Ten Thousand 
five Hundred & thirty five Pounds; Viz, 

q« 100 Bills in each Bundle 
q' 100 Bills in each Bundle 
q' 100 ... 

q' 100 in each Bundle 
q' 100 in each Bundle 
q' 100. in each Bundle 
q' 100 in each Bundle 
qt 100 : in each Bundle 
q« 100. in each Bundle 
q' 100. in each Bundle 
q' 100 in each Bundle 
q' 100 in each Bundle 



2 Bundles £ 


.5. 


_. 


- 


2 Bundles 


.3. 






1 Bundle 


2. 


10. 




2o. Bundles 


9 






18. Bundles. 


i. 


_. 


_. 


22 Bundles 


.-. 


10. 


_. 


17. Bundles. 


.-. 





-. 


3. Bundles 


_. 


4. 


-. 


3 Bundles 


- 


3. 


6. 


3 Bundles. 


-. 


3. 


- 


9. Bundles. 


_ 


2. 


6. 


9. Bundles 


.- 


2. 


- 



£.1000. 


_ 


_. 


.600. 


- 


-. 


.250. 


_ 


_. 


.5000. 


_ 


_. 


.1800. 


_ 


_, 


.1100. 


_ 


_. 


.425. 


_ 


_. 


.60. 


_ 


_. 


.52. 


10 


_. 


.45. 


- 


-. 


.112. 


10 


_. 


.90. 


- 


-• 



£.10535. 



Sign'd El'^ Hutchinson 
Penn Townsend 
Edw° Brom field, 



Tho : HtjTChinson 
John Brown. 



Read & Accepted ; And the Comm*^* are directed to proceed forth- 
with to the Burning of them. [_Passed October 23. 



CHAPTER 99. 



VOTE APPOINTING A DAY OF THANKS GIVING. 



At the Instance of the Represent'' 



Legislative 
Records of the 
Council, ix., 

Desiring of his Excy. a Day 32a 

of Gen^ Thanks Giving, Proposed & Advised that it be on Thursday Love's 

y" twelfth of Noveml/^next. \_Passed* October 24. Thanksgiving 

Days of New 
England, 
p. 4SS. 



CHAPTER 100. 



ORDER ACCEPTING THE COMMISSARY GEN"-» ACC™. 

Report of the Comm**"' of the Repres^"^ upon the Commissary Gen" R|ford8"of the 
Accompts & Order pass'd thereupon in that House as follows ; Viz, Council, ix., 

We the Subscribers appointed by the House of Repres"=' to Examine ^^ 

«fe Audit the Accompts of Andrew Belcher Esq"^ Commissary Geu'^ have Post,c\ia.)^. 150. 
attended that Service & have examined his Accompts from the tenth 
Day of March 171f to the third Day of August next after. And find 
the'm right Cast «fe well avouched, And that on the said third Day 
of August 1713. There is due from the Province to the said Andrew 
Belcher the Sum of Four Hundred Fifty six Pounds twelve Shillings 
& eight Pence, as was reported by the Comm"=^ of the Council that 
examined the same. 

Boston Oct. 10. 1713. John Clark Tho. Hutchinson 

Tho : Fitch AVilliam Rouse 



316 



Province Laws (i?eso?yes,ete.). — 1713-14. [Chaps. 101-103.] 



Ordered that the said Report be accepted & the Commissary Gen'^ 
discharged accordingly : Read & Concur'd with this Addition ; 

Viz, That the above Sum of Four Hundred fifty six Pounds twelve 
Shillings & eight Pence is paid & discharged. [Passed October 24. 



CHAPTER 101. 



ORDER ESTABLISHING ROYAL SIDE PRECINCT IN SALEM. 

ber 24. 



{Passed Ooto- 



Eecordfofthe [Printed ivitJi vesolves, orders, etc., '^granting lands, establishing jyre- 
Council, ix., cincts and parishes, and. determining territorial boundaries."'] 



Legislative 
Records of the 
Council, ix., 
329. 

Ante, chap. 98. 
Post, chap. 119. 



CHAPTER 102. 

VOTE ACCEPTING THE COMM^ees REPORT OF Y" BURNING £.10535, & Y" 
TREASK DISCHARGED OF THEM. 

In Obedience to the Order of the Court directing us to proceed 
forthwith to the Burning of the Bills, We have Caused the Bills of 
Credit mentioned in our Report, Amounting to the Sum of Ten Thou- 
sand five Hundred & thirty five Pounds to be put into a convenient 
Oven & seen them all burnt to Ashes. 

(Sign'd) Eliakim Hutchinson Penn Townsend 

Thomas Fitch Tho : Hutchinson 

Edw"* Bromfield 

Read & Accepted, And that the Treasurer be discharged of that 
Sum. [Passed October 24. 



CHAPTER 103. 

VOTE ACCEPTING THE COMMt^es REPORT OF WORKS TO BE DONE AT 

CASTLE W". 



Legislative 
Records of the 
Council, ix., 
330. 

Ante, chap. 94. 
/>os<, chap. 162. 
Legislative 
Records of the 
Council, ix., 
330. 



Report of the Committee appointed to visit Castle William ; Viz, 
We the Committee appointed by the Gen" Court to view the Works 
done at Castle William, Have accordingly viewed the same, & seen the 
sev" Accompts & Vouchers therefor. And find due Tw^enty six Pounds 
twelve Shillings & one Peny, And to compleat what is further & abso- 
lutely necessary As the Covering of the ravelins Paving the Covered 
Way down to the Block House, Covering the Salley Ports with the 
afore said Sum will require the Sum of Seventy Pounds to defray the 
same 

Sign'd : Elisha Hutchinson ^ Order of the Comm*'"^ 

Voted a Concurrence with the Vote pass'd thereon in the House of 
Representatives ; Viz, Read & Accepted ; And It is further humbly 
proposed to his Excellency the Govern"^ for Retrenching the Charge 
That a Surgeon be no longer continued in Pay at the Castle, The 
Number of that Garris"on being Reduced, And when Necessity re- 
quires, A Surgeon may be soon had from Boston. [Passed October 28.. 



[3d Sess.] Province Laws {Resolves, etc.). — 1713-14. 317 



CHAPTEE 104. 

ORDER GRANTING ISAAC WINSLOW PETITION FOR LAND IN RIGHT OF 

MK WALGRAVE. 

Upon reading a Petition of Isaac Wiuslow Esq'' iu Behalf of him self Legislative 
& his Sister Elisabeth the only Children & Heirs of Dame Penelope couucif.ix.! ^ 

Winslow Dec*^ Setting forth that the Gen" Assembly at their Session El: 

in November 1702 : upon the Petition of M"" Edward Pelham, Granted 
to the said Pelham Eight Hundred Acres of Land ; Viz, Four Hundred 
for him self & the other Four Hundred for the Heirs & Assigns of 
M"" Thomas Walgrave Dec'' And the only Heir in this Countrey of the 
said M' Thomas Walgrove being your Petitioners Grand-Mother, his 
Daughter & Mother of the afore said Penelope &, first Wife to Her- 
bert Pelham Esq"" Dec'' The said Edward Pelham being by an other Wife 
& no Ways related to the said Walgrove ; Praying that Four Hundred 
Acres, the one Half of the said Grant, may be assigned sett over &, 
confirmed to the Petitioners & so much of the said Pelhams Grant 
made null & void ; 

M"" Pelham being notified appeared, made no Objection but submitted 
the Eight Hundred Acres of Laud afore said to be divided. One Half 
thereof to the Petitioners in Eight of M"" Walgrave : 

Ordered that the Prayer of the Petition be granted for the Petitioner 
& his Sister, And that the former Order of this Court in November 1702, 
Directing the Laying out the Four Hundred Acres upon M"" Walgraves 
Grant to M^ Edward Pelham be revoked & made void. [^Passed Octo- 
ber 28. 



CHAPTER 105. 

ORDER IN REGARD TO INFORMATION OF ENCROACHM^s MADE BY 

PROVIDENCE MEN. 

Upon reading a Letter from the Commissioners for Running the Legislative 
Province Line, informing of Encroachm'' made by the Providence councff ?x "'^ 
People to the Northward of their Bounds, & Cutting great Quantities 33i. 
of Cedar off the Cedar Swamps, within this Province, 

Ordered that some meet Person be appointed to seize upon the Cutt 
Timber mentioned in the said Commissioners Letter, dated the 27"^ 
Curr' to dispose of it to the best Advantage, And Return the Produce 
into the Province Treasury: And that proper Methods be taken to 
arrest the Trespassers & prosecute them in the Law, That Josiah 
Chapin P^sq"" one of his Majesties Justices is deputed & impowered 
for that Service, And the House are desired to dismiss him accord- 
ingly ; And he is hereby instructed to act therein cautiously, not to 
seize upon any Timber cutt within one Mile to the Northward of the 
Line lately stated betwixt this Government and the Government of 
Rhoad Island. \_Passed October 28. 



318 



Province Laws (i?eso?yes,efc.). — 1713-14. [Chaps. 106-108.} 



CHAPTEE 106. 

ORDER ESTABLISHING A PRECINCT IN IPSWICH. [Passed October 29. 

Reforlifonhe [Printed with resolves, orders, etc., " granting lands, establishing pre- 
Councii, ix., ducts and parishes, and determining territorial boundaries. ""^ 



CHAPTER 107. 



ORDER FOR SENDING M^ WILLIAMS & MAJOR STODDARD AS MES- 
SENGERS TO CANADA. 



Legisliitive 
Records of 
Council, ix. 
333. 

Legislative 
Records of 
Council, ix. 
332. 



the 



the 



Ordered that M"" Williams of Deerfield & Major John Stoddard be 
sent to Quebeck to attend Mons"' Vaudreeil in Order to the Return of 
the English Prisoners there, And that they be attended by an Inter- 
preter & four able Men, as shall be allowed b}^ the Governour & Coun- 
cil, And that they forthwith proceed on their Journey with Credentials 
Letters & Instructions for that Sei'vice, And the Represent''" are de- 
sired to consider of the Encouragement proper to be advanced to them 
& for their Charges thither ; 

And further Voted that Five Shillings per Day be allowed to M"' 
Williams & seven Shillings to Major Stoddard & their necessary Ex- 
pences. And sixty Pounds between them advanced to fit them for their 
Journey ; To the Interpreter Three Shillings per Day & four Pounds 
for his Outset ; To each of the Attendants two Shillings per Day <& 
Three Pounds for their Outset. [^Passed October 30. 



CHAPTER 108. 



ORDER OF HEARING ON THE DIFFERENCES ABOUT CHEBAQUEDOCK 

ISLAND. 



Legislative 
Records of the 
Council, ix., 
333. 



Upon reading a Representation & Petition of Matthew Mahew «fe 
Thomas Lothrop in Behalf of them selves & the Rest of the English In- 
habitants concerned in the Right of Feeding & Meadows in the Island 
of Chebaquedock within the Township of Edgar Town : Thomas 

Lothrop one of the Petitioners as Agent on the Part of the English & 
Seeknout the Indian Sachem having mutually submitted the Differences 
& Disputes referring to the Island of Chebaquedock to his Excy. the 
Govern'' the Hon"^ the Lieut: Governour with some Gentlemen of 
the Council nominatim, To be heard & finally issued by them, As 
by the Instrument annexed ; And the Governour & the other 

Gentlemen named having manifested their Willingness to undertake 
the Compromising & Issuing that unhappy Difference ; 

Voted that the said Submission be accepted accordinglj'^, And the 
Governour & Gentlemen named are desired to proceed therein & to 
order the Parties Attendance on them at Boston on the second Wednes- 
day of May next for a Hearing, And all Quarrels & Suits depending re- 
lating to the said Island are hereby stayed in the mean Time. \_Passed 
October 30. 



[3d Sess.] Province Laws {Resolves, etc.). — 1713-14. 319 



CHAPTER 109. 

ORDER REVIVING THE COMMtek FOR SALISBURY ABOUT PLACING THE 

MEETING HOUSE. 

Upon readino a Petition of the Inhabitants of Salisbury, Setting Lcfrisiative 
forth their Differences with Respect to the Place for Erecting a new [^iu^^'elf/i'x .'''*' 

Meeting House for Accomodating the Town in Gen" Praying a Comm'*''' ''^^ '__ 

may be appointed & Authorized to Advise & Determine thereabout ; 

Voted a Concurrence with the Order pass'd thereon by the Repre- 
sentatives; Viz, That the Prayer of the Petition be granted. And the 
former Committee are revived & impowered to repair to the Town 
of Salisbury & Consider & Determine the most convenient Place for 
the Erecting a Meeting House to accomodate the whole Town & Make 
Report to this Court. [Passed October 30. 



CHAPTER 110. 

ORDER ON BENJ^ HALEY'S PETITION AS TO A GRANT OF THE FERRY 

AT BLACK POINT. 

Upon reading a Petition of Benjamin Halley setting forth that his Legislative 
Father & Grand-father had Grants of & diligently attended on the coundi^Jx.!^® 

Ferry betwixt Black Point & Winter Harbour, 'W'^^ tho for some Years 335^ 

has been defeated by the barbarous Depredations made &, now about 
to be Resettled ; Praying that a Grant thereof may be made to him, 
That enjoying his Predecessors Lands which ly convenient for the same 
he may follow their Imployment ; 

Ordered that the Petitioner have the Grant of y^ Ferry untill further 
Order from this Court, And that he have Liberty to erect a Dwelling 
House on his Land adjoining in Order to a Settlem' of the Ferry. 
\_Passed October 31. 



CHAPTER 111. 

RESOLVE FOR SETTLING THE EASTERN PARTS. {Passed October 31. Legislative 

' Records of the 

[^Printed with resolves., orders., etc., '''•granting lands, establishing pre- 335. 
cincts and parishes, and determining territorial boundaries. "'\ , post, chap. 112. 

Executive 
Records of the 

Council, vi., 

. 241. 

CHAPTER 112. 

ORDER APPOINTING A COMM^ee fOR TO RECEIVE THE CLAIMS & REG- Legislative 

ULATE THE SETTLEM^s THEREOF. {Passed October .31. Records of the 

Council, ix., 
336. 

\_Printed ivith resolves, orders, etc., ^'■granting lands, establishing pre- ^„<e chap 111 
cincts and parishes, and determining territorial boundaries. "'\ pos<,' chap! 16.5'. 



320 



Province Laws (i?eso/ves, e/'c). — 1713-14. [Chaps. 113-116.] 



CHAPTEE 113 



ORDER ALLOWING PAYMENTS TO SEVERAL PERSONS FOR A JOURNEY 

TO CANADA. 



Legislative 
Records of the 
Couucil, ix., 
336. 

Mass. 

Archives, li., 
236 bis. Leg- 
islative Rec- 
ords of the 
Council, ix., 
231, 238. 



Upon a Representation of Coll. Samuel Patridge, That in July 1712, 
by Order from his Excellency, he sent Lieu. Sam'' Williams since Dec*^ 
Jonathan Wells, Eleazar Warner, & John Nimes to Canada about the 
Exchange of Captives, Praying Consideration for their Service & Ex- 
pences & Allowance to be made them accordingly. 

Resolved that the Sum of Thirty Pounds be allowed & paid out of 
the publick Treasury to M"" John Williams in full for what was due to 
his sou Lieu. Samuel Williams dec*^ To Jonathan Wells & John 

Nimes to each of them the Sum of Eleven Pounds ten Shillings : And 
to Eleazar Warner the Sum of Thirteen Pounds, In full for their Ser- 
vice & Expences. \_Passed November 3. 



CHAPTER 114. 



Legislative 
Records of the 
Council, ix., 
337. 



RESOLVE ALLOWING £.2,5 „ 3„ 1, TO JN'^ WINSLEYS ADMINISTR FOR DEBT. 

Upon reading a Petition of Thomas Cushing & Mercy his Wife 
Daughter & Administratrix de Bonis non Administratis of John Wens- 
ley late of Boston Merch' dec'' with an Accompt annexed of Twenty 
five Pounds three Shillings & a Penny due to the said Estate for sun- 
dry s delivered for the Use of the Castle in the Year 1674. 

Resolved that the Sum of Twenty five Pounds, three Shillings & one 
Peny be allowed & paid out of the Publick Treasury to Thomas & Mercy 
Cushing the Petitioners to discharge the Debt mentioned in the Peti- 
tion. \_Passed November 3. 



CHAPTER 115. 



RESOLVE ALLOWING £.5„ 12 „ 6, TO JN" GRIFFIN. 



Legislative 
Records of the 
Council, ix., 
337. 



Upon an Accompt presented by John Griffin Ferry Man at Haver- 
hill for Ferriage of Horses & Men for her Maj'^' Service from Jan. 
1709. to Sept. 1712. 

Resolved that the Sum of Five Pounds twelve Shillings & six Pence 
be allowed & paid out of the publick Treasury to John Griffin the 
Accomptant in full of his Accompt. \_Passed November 3. 



CHAPTER 116. 



RESOLVE ALLOWING £.15, TOWARDS REPAIRING Y^- ROAD BETWIXT 
HAMPSHIRE & WORCESTER. 

Records'of the Upon A MEMORIAL presented by the Representatives for the County 
Council, ix., of Hampshire of the Incumbrances & Impassableness of y" Road betwixt 

the said County & Worcester, And that the same may be in some Places 

laid out upon better & more passable Ground 



337. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1713-14. 321 

Resolved that the Sum of Fifteen Pounds be allowed & paid out of 
the Publick Treasury to Joseph Parsons Esq"^ & M' Henry Dwight, to 
be b}' them improved to the best Advantage for Mending the Way men- 
tioned in the Petition, And when done the Accompt to be laid before 
this Court. [^Passed November 4. 



CHAPTER 117. 

RESOLVE ALLOWING £.24,, 5, TO CPT HUMPH. HOOK. 

Upon reading a Petition of Humphrey Hook late Captain of her Legislative 
Majesties Fort at Saco with an Accompt of Debt annexed, by him coundf, fi.!*^^ 

demanded of the Province, for a Gundalo, Shingles, Watch Coals & '^ 

Victualling &c. To the Sum of Thirty four Pounds six Shillings & six 
Pence. 

Resolved that the Sum of Twenty four Pounds & five Shillings be 
allowed & paid out of the publick Treasury to Cpt. Humphrey Hook 
the Petitioner in full of his Demand on this Province. \_Passed Novem- 
ber 5. 



CHAPTEE 118. 

ORDER FOR A NEW IMPRESSION OF THE LAWS & COMM™^. 

The following Order pass'd in y'' House of Represent"''' Viz, Legislative 

To the Intent that the Laws of this Province may be more certainly councif, ix.!^^ 

known & understood ; ^^8^ 

Ordered that a new Impression thereof be made with all conven- pos<, chap. 152. 
ient Speed wherein all such Laws as are repealed or expired shall be 
left out & a proper Index calculated for the Whole annexed ; That 
Addington Davenport Esq"" with such as the Hon''''' Board shall join be 
a Comm"'^ to supervise the Laws for that End, & Agree for the Impres- 
sion on the best Terms they may. Each Town of the Province & Mem- 
ber of the present Court to be furnished with a Book at the publick 
Charge : Read & Concur'd & the Secretary & Penn Townsend Esq'' 

joined to be of the Comm"'* for the Affair afores''. [^Passed November 5. 



CHAPTER 119. 

RESOLVE FOR ISSUING OF £.7000, IN BILLS AND PROVIDING A FUND 

FOR SECURITY.! 

Resolved that the Treasurer be & hereby is Directed & Impowered Records 'of the 
to issue forth & Emit the Sum of Seven Thousand Pounds of the Bills Councii, ix., 

of Publick Credit on this Province that are or shall be received into ^^ 

the Treasury towards Payment of the publick Debts of this Province posP chap.' m 

already contracted, & the further necessary Charge for the Supplying 

& Subsisting of Forts & Garrisons & Forces raised & employed within 

the same & Wages arising for their Service, for Payment of Grants 

Salaries & Allowances made & to be made by this Court, According 

to such Draughts as from Time to Time shall be made upon him by 

1 Printed in the notes to the Acts of the year 1713-1-1, Province Laws, L, 733; reprinted 
here, as important. 



322 



Province Laws (^Resolves, etc.). — 1713-14. [Chap. 120.] 



Warrant or Order of the Govern' by & with the Advice & Consent of 
the Council, And the said Bills shall pass out of the Treasury at the 
Value therein express'd, equivalent to Money, And shall be taken & 
Accepted in all Publick Payments at the Advance & after the Rate 
of five Pounds per Cent, more : And that the Duties of Impost 

& Excise shall be a Fund & Security for the Repayment & Drawing 
in of the said Bills to the Treasury again, so far as that will reach. 

And as a further Fund & Security for the same, & for Defraying 
of the further necessary growing Charge of the Province «fe Support 
of the Governm' thereof, There be & hereby is granted unto her most 
Excellent Majesty for the Ends & Uses afore said a Tax of Seven 
Thousand Pounds, Six Thousand Pounds thereof to be levied on Polls 
& Estates both Real & Personal within this Province according to such 
Rules & in such Proportion upon the sev'^ Towns & Districts within 
the same as shall be Agreed on & Ordered by the Great & Geu'^ Court 
or Assembly of this Province at their Session in May Anno 1718 : And 
the other Thousand Pounds at their Session in May 1719 : To be paid 
in to the Treasurer Six Thousand Pounds thereof on or before the last 
Day of May Anno 1719 ; And the other Thousand Pounds on or before 
the last Day of November next after. \_Passed November 6. 



CHAPTEE 120. 

VOTE ACCEPTING THE COMM'^'^'^s REPORT ABOUT FITTING OUT THE 
PROV. GALLEY FOR Y*' EXPEDITION TO CANADA; £.1503,, 5„ 8, TO 
BE P» BY Y^5 PROVINCE. 



Legislative 
Records of 
Council, ix. 
340. 

Ante, chap. 
Legislative 
Records of 
Council, ix. 
328. 



tjjg The following Report accepted by y^ House of Repres"^' Read & 
, Concur'd : Viz, 

— Pursuant to the Order of Court appointing us a Committee to Con- 
^^' sider of Cpt. Cyprian Southacks Petition & make Report thereon ; We 
the sent for Cpt. Southack, "Who attended us with the Accompts & Papers 
' relating thereto, W^'^ we have examined & considered & find that a Com- 
pany of British Marines were born of the Province Galley for a consid- 
erable Time, By which M'' Clarks Bill of Victualling is much augmented ; 

We have therefore made a Computation of the Cost 
of Victualling the said Ship exclusive of the said 
Marines & agreable to the Muster Roll, which the 
said Southack has made up of the Sailors only, 
whose Wages have been paid by this Province, 
W^'' is hei-ewith humbly offered Amounting to the 

Sum of £.384. 1.5. 4. 

Part of which Sum; Viz, .... 63. 14. 8. 

was paid to Cpt. Southack by this Province for Vict- 
ualling after M"" Clarks Supply was expended, & is 
therefore to be substracted. 



So that the Sum Remaining for Victualling is £.321. -. 8. 

And here we think it proper to Remark that We find sevent}' nine 
Men in the Muster Roll, Whereas it was designed by the Committee 
for Transports that she should carry but Forty Men besides a Com- 
pany of Soldiers intended to have been embarked on her if she had 
been here, when the Expedition proceeded. And then the Charge of 
Victualling would have l^een considerably less. 



[oD Sess.] Puovince Laws (Resolves, etc.). — 1713-14. 323 

"We have also considered M' Faneuils Accompt of 

Fitting tlie said Ship, Amounting to the Sum of £.1444. 15. -. 

And we are humbly of Opinion that in the Article of 
Labourers upon her there is overcharged £.100: 
And in the other Articles of Painting Commis- 
sions Boat Hire &c contained in a particular Ac- )■ £.262. 10. -. 
compt herewith exhibited so much as Amounts in | 
all to the Sum of £.262. 10 : To be substracted out j 
of the said Faneuils Bill J 



So that there remains ..... £.1182. 

321. 



£.1503. 5. 8. 



Which added to the above said Sum of Victualling makes the Sum 
of Fifteen Hundred & three Pounds five Shillings & eight Pence, W^ 
her Fitting & Victualling might possibly have cost this Province, If 
she had proceeded in the Expedition under Admiral Walker, & born 
seventy nine Sailors & fitted as aforesaid ; But we think our selves 
obliged further to remark that Admiral Walker upon his Arrival here, 
sent out his Orders by Cpt. Matthews in the Chester Man of War to 
Cpt. Pickering Commander of the said Galley then at Sea to convoy 
some British Transports to New York which he obeyed, And the said 
Galley was thereby hindered from Coming into Port, & Fitting to pro- 
ceed under Command of Cpt. Southack as Pilot to the Fleet, W^'^ was 
the only Service directed by her Majesties Royal Instructions to be 
done by the said Ship, And the Laying of her Deck with the other 
Fitting & Victualling was all begun some Time after the Fleet de- 
parted from hence on the said Expedition, by Agents appointed by 
Admiral Walker, He having left his Orders with Cpt. Southack for 
that End, And Admiral AYalker said the Day he sailed (as we are 
credibly informed) That both her Fitting & Victualling should be paid 
by y" Queen. That we can not say that the Charge of her Fitting & 
Victualling can in Strictness be demanded & required of this Prov- 
ince ; But as this Government have alwaies express'd a forward Zeal 
for her Majesties Service in that & the former Expeditions ; So we 
humbly offer as our Opinion in Deference to her Majesties Royal 
Commands, for that Ship to be employed for that Service as afore 
said that the Sum of £.1503. 5. 8. to be paid by this Province in full 
of all Demands on the said Accompt : W^'' we apprehend to be con- 
siderably more than it would have Cost, If her Fitting & Victualling 
had been done by the Order & Officers of this Governm' W^'' is humbly 
submitted, By Order of the Comm"^ 

El^ Hutchinson. 
[^Passed November 6. 



CHAPTER 121. 

RESOLVE ALLOWING £.250, TO HIS EXCY. THE GOV**. 

Resolved that the Sum of Two Hundred & fifty Pounds be allowed Legislative 
& paid out of the publick Treasury to his Excellency Joseph Dudley councif,ix., * 
Esq"' Captain Gen" & Govern' in Chief of this her Majesties Province, '^1l 



for his Support in Managing the Affairs of the Governm'. {^Passed ^nte, cha.x,.m. 
November 9. Refords'ouiie 

Council, ix., 
342. 



324 



Province Laws (i?e«oZves, efc. ) . — 1713-14. [Chaps. 122-126.] 



Legislative 
Records of the 
Council, ix., 
34-2. 



CHAPTER 122. 

RESOLVE ALLOWING £.80, TO Y^ HON'^i-^ isa ADDINGTON ESQB. 

Resolved that the Sum of Eighty Pounds be allowed & paid out 
of the Publiek Treasury to the Hon'''® Isaac Addiugtou Esq" for his 
extraordinary Service for this Province for the Year Curr'. \_^Passed 
November 9. 



CHAPTER 123. 

RESOLVE ALLOWING £.200, TO THE HON^'^ ANDREW BELCHER ESQ" 
COMMISSARY GEN^''. 

Refords^of the Resolved that the Sum of Two Hundred Pounds be allowed & paid 
Council, ix., out of the Publick Treasui-y to the Hon**'® Andrew Belcher Esq'' Com- 
— '- missary Gen" for his good Service in the said Office the Year past, 

Post chiu 127 ./ o 1 ' 

' ' ^' ■ Ending the nineteenth Day of August last. \_Passed November 9. 



CHAPTER 124 



RESOLVE ALLOWING £.30, TO M^ JOHN WHITE. 

Klfords of the Besolved that the Sum of Thirty Pounds be further allowed & paid 
Council, ix., out of the Publick Treasury to IVP John White Clerk of this House for 
his Service in the Year Currant. \^Passed November 9. 



343. 



CHAPTER 125 



Legisl.ative 
Records of the 
Council, ix., 
343. 



RESOLVE ALLOWING £.10, TO SAM^^- MAXWELL. 

Resolved that the Sum of Ten Pounds be further allowed &, paid 
out of the Publick Treasury to IVP Samuel Maxwell Door keeper to 
this House &c in Part of his Allowance of Forty Pounds, Which he 
is to have for the Year Currant. \_Passed November 9. 



CHAPTER 126 



Legisl.ative 
liecords of the 
Council, ix., 
343. 



RESOLVE ALLOWING £.3-,, 5, TO CPT. HOW. 

Resolved that the Sum of Three Pounds & five Shillings be allowed 
& paid out of the publick Treasury to Thomas How Esq'' for the Use 
of the above Comm""' in the Proportion above written on the Accompt 
presented of Survey of Nashoba Lands. ^Passed November 9. 



[3d Sess.] Province Laavs (i?e.90?re.s, e^c). — 1713-14. 325 



CHAPTEK 127. 

ORD" FOR V COMMISSI GE^^^ TO SUSTAIN Y^ OFFICE TILL 9^" OF 
FEBR^' NEXT COMING. 



Ordered that jNP Commissary Geu" Belcher be desired to continue Legislative 

- - - - - - " 'ords of t 

jiicil, ix., 



in his Office till the nineteenth Day of February next. & in the mean ^u""^* °^ *^® 



Time to adjust & settle all publick Accompts which concern him that 343^ 



so that^ Office may determine at that Time. [Passed November 9. Ante, chap. V2s. 
'' "- Post, chap. 151. 



CHAPTER 128. 

ORDER DIRECTING THE COMM^ee tO DISPOSE OF Y^ PROV. GALLY & 

SLOOP. 

Ordered that the Committee appointed to dispose of the Province Legislative 
Galley be desired to do it as soon as conveniently may be, either with c^uncff ix ^"^^ 
or without her Guns as they shall think best ; And there being 343. 

no further Occasion for the Sloop Ann, that they be impowered to ^/tte.chap. 85. 
sell her & all her Appurtenances ; The Commissary Gen" from this 
Time to take her into Custody to prevent further Charges. {Passed 
November 9. 



CHAPTER 129. 

ORDER IMPOWERING JN^ & MARY PERKINS TO SELL A HOUSE & LAND. 

Upon reading a Petition of John Perkins & Mary his Wife, some Legislative 
Time AVidow & Administratrix of the Estate of Duncan Mac-Farland coundf ?x ^''^ 
Deceased, together with the Request of Duncan Mac-Farland & Mary 343. * "' 
Mac-Farland, the two Children of the afore-named Duncan-Mac-Far- 
land being Minors within Age, Praying that the said John & Mary 
Perkins in Behalf of the said Minors may be impowered to make Sale 
of a small Dwelling House & Land scituate in School Street in Bos- 
ton, Part of the Estate left by the said Dec** & much out of Repair ; 

Ordered that the Prayer of the Petition be granted, And the Peti- 
tioners are impowered to make Sale of the said House & Laud men- 
tioned to the best Advantage they can on Behalf of the Minors, & to 
Execute a Deed of Sale of the same ; And that they accompt with the 
Judge of Probate for the Purchase Money to be paid for the same And 
that he thereupon proceed to the Distribution thereof as the Law directs. 
{Passed November 10. 



CHAPTER 130. 

ORDER FOR TWO NEW PLATES & IMPRINTING OF £.10000, IN BILLS & 
ADDIN: DAVENPORT ESQ'' ADDED TO THE COMM^ee.!! 

Ordered that Addington Davenport Esq'' be added to the Committee Legislative 
that made the last Bills of Publick Credit on this Province, And they o^unc*if °'.*^® 
be desired to procure two new Plates & four Bills to be Engraven on 344. 

1 Sic; "that so that" for (it seems) "as that." 

* Printed in the postscript to Province Laws, i., 902; reprinted here, as important. 



326 Peovince Laws {Resolves, etc.). — 1713-14. [Chap. 131.] 

Ante, chap. 119. each of them of such Sums as they with the Treasurer shall tliink to 
ost,c ap. 133. i^g rnost convenient ; That they make the Sum of Ten Thousand Pounds 
of Bills off from the said two Plates, as expeditiously as may be, P^ach 
Bill to be sign'd by four at least of the Committee, And deliver them 
to the Treasurer taking his Receipt for them ; Who is hereby directed 
& impowered to issue them out in Exchange, for the Ten Shilling & 
Three Shilling & six Penny Bills, W^*" this Court have ordered to be 
called in & Exchanged : The Committee to be paid for the Making 
these Bills as for the last they made. [^Passed November 10. 



CHAPTER 131. 

ORDER REMITTING TO HENRY DEWICK THE DUTY FOR A NEGROE 

IMPORTED. 

Record"of the Upon READING a Petition of Henry De-Wick of Barbados, Praying 
Council, ix., for a Remission & Release from the Duty for a Negroe, by him im- 

ported in June last, W^"^ was sick & died within a few Days over six 

Weeks after her Arrival ; 

Ordered that the Prayer of the Petition be granted. \_Passed Novem- 
ber 10. 



344 



[4th Sess.] Pkovince Laws (Hesolves, etc.). — 1713-14. 327 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Tenth Day of February, A.D. 17 13. 



CHAPTER 132. 

ORDER APPOINTING A COMMteu TO CONSIDER OF A PLACE FOR BROOK- 
LIN MEETING HOUSE. 

Upon reading a Petition of sundry Free-holders & Inhabitants of R^^^^'^^'^^^tu 
the Town of Brooklin, Praying that a Committee may be appointed councii.ix., 

to visit & view the Town & Consider its Scituation & Circumstances ?£L 

& Report the Place they think most suitable, for Erecting a Meeting p^s^cha^^'iy-' 
House for the Publick Worship of God ; Legislative 

Ordered that Penn Townsend Andrew Belcher & Edward Bromfield coundf, slate^ 
Esq" of the Council, With Thomas Oliver Esq'' Cpt. Thomas Hutchin- ^^'^^^i^j' copy, 
son Edmund Quincey Esq'' & M"" Thomas Ward joined to them by the 
House of Representatives be a Committee to repair to Brooklin ap- 
pointing the Inhabitants Time & Place to attend, them. And upon Hear- 
ing of the Matter set forth in the Petition to Consider of & Report the 
most convenient Place in their Judgement for the Setting up a Meeting 
House. \^Passed February 11. 



ix., 298. 



CHAPTER 133. 

ORDK FOR PAYMT TO THE COMM^ee FOR BILLS. 

This Court having Ordered at their last Session six Persons to be Legislative 
a Committee for Making k Sum of Bills of Credit on this Province, And councfi! *ix**^^ 
directed that four of them at least should sign each Bill ; ^ 

Ordered that the said Committee be paid for their Service in the ^«<e, chap. 130. 
same Proportion, as the Comm"*^ were paid when there was but five 
& & ^ three of them signed the Bills. [^Passed February 12. 



CHAPTER 134. 

ORDER IMPOWERING SARAH BOLTWOOD &c TO SELL LAND. 

Upon reading a Petition of Sarah Boltwood Relict of Samuel Bolt- Legislative 
wood Dec"^ & her Son Samuel Boltwood Administ" of the Deceaseds coundf.ri.r® 

Estate, As also their Son in Law Nath" Kellog, Praying to be Impow- ^ 

ered to confirm by Deed of Sale to the said Nath" Kellog his Heirs & 

» Sic. 



328 



Province Laws (i?esoZves,e(;c.). — 1713-14. [Chaps. 135-138.] 



Assigns a certain Parcel of Land scituate in Hadley bargain'd for by 
the Dec*^ in his Life Time. 

Ordered tliat tlie Prayer of tlie Petition be granted, And tlie Ad- 
minist" be & hereby are fully impowered to sign seal & deliver to 
the Vendee a good & sufficient Deed in the Law for Conveying & 
Confirming the Lands within mentioned to be purchased to him his 
Heirs & Assigns for Ever. [Passed February 12, 



CHAPTEE 135. 



Legislative ORDER FOR LAYING OUT 1000 ACRES OF LAND TO ELISHA HUTCHINSON 
Councif.ix.; & IS^ ADDINGTON ESQ^^ BY JN« CHANDLER ESQ". [Passed February 13. 

349. 



Ante,chsi^.&2. \_Printed with resolves^ orders^ etc., '■'■granting lands, establishing pre- 
Posi, chap. 136. cmc^s and parishes, and determining territorial boundaries."^ 



CHAPTER 136. 

Legislative VOTE ACCEPTING REPORT OF THE COMMITTEE FOR STATING THE PAR- 
Coun^^i'x TITION LINE BETWIXT THIS GOVERNM'' & Y^ COLONY OF CONNECT- 

350. ' ' ICUT. [Passed February 13. 

^«<e, chap. 135. 

Pos^, chap. 139. \^Printed with resolves, orders, etc., '■'■ granting lands, establishing pre- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 137. 



ORDER OF CONFIRMATION OF LAND TO JOSHUA LAMB, &c FOR A TOWN 
TO BE CALLED LEICESTER. [Passed February lo. 



Legislative 
Eecords of the 
Council, ix., 
351. 

Pos<, chap. 140. \_Printed imth resolves, orders, etc., '•'■ granting lands, establishing p)re- 
cincts and parishes, and determining territorial boundaries."] 



CHAPTER 138. 



ORDER CONFIRMING A DEFECTIVE DEVISE, ON THE PETITION OF JAMES 
AND BENJAMIN BABBAGE. 



Legislative 
Records of the 
Council, ix., 
352. 



Upon reading a Petition of .James Babbage & Benjamin Babbage 
surviving Sons of Elisabeth Babbage late of Boston Widow Dec*^ 
Setting forth that their said Mother Elisabeth Babbage, by her great 
Diligence Pains & Industry whilst a Widow & sole acquired a Sum 
of Money wherewith she purchased a small House & Land, And some 
Time before her Death by an Instrument in Writing under her Hand 
& Seal, bearing Date the twenty ninth Day of June 1711 : Witness'd 
& Acknowledged did dispose & settle the said House & Land upon 
her three Sons, Viz, John Davis her Son by her first Husband & the 
Petitioners after her Decease, to be equally divided among them or 
either of them that shall be then living ; John Davis the Eldest Son 
having been absent beyond Sea for Upwards of seven Years past, & 



[4th Sess.] Province Laws (Resolvef^, etc.). — 1713-14. 329 

is supposed to be dead, But for as much as thru the Ignorance of the 
Scrivener the said Instrument or Writing is unskilfully drawn & defi- 
cient as to the Forms of Law, W'^'' may Occasion Contest & Trouble, 
their said Mother having also left three Daughters, W'' are grown up 
& otherwise provided for by her, Praying that upon View of the said 
Instrument such Act or Order may be pass'd by this Court for Declar- 
ing & Making the same good & effectual in Law for the Holding & 
Enjoying the said House & Land according to the true Intent & Mean- 
ing of the Donor, The Defects therein notwithstanding ; 

The three Daughters having been served with a Copy of y^ Petition, 
& not Attending ; 

Ordered that the Instrument therein refer'd to, being duly Executed 
& Acknowledged as the Law directs do remain & abide in full Force 
&, be effectual in the Law for confirming the House &, Land therein 
mentioned as a good Estate of Inheritance to the Grantees named 
therein & their Heirs for Ever the Defects & Want of Form in the 
lustrum' notwithstanding. \_Passed February 16. 



CHAPTEK 139. 

ORDER ALLOWING £.78,, 14, 5, TO Y^^ RIDING COMMISS'^s FOR STATING 
Y^ LINE WITH CONNECTICUT. 

An Accompt of the Charge & Expence of the Riding Commissioners Legislative 
for the Stating & Settling of the Partition Line betwixt this Province ^u^en* ^l^^^ 
& the Colony of Connecticut, Amounting to Ninety Eight Pounds four- 353. 
teen Shillings & five Pence, Whereof Twenty Pounds before advanced ; ^n<e, chap. ise. 
Sent up from the House of Represent^'^' with their Resolve thereon ; ^°'*' *^^*p- "'^• 
Read & Concur'd ; Viz, 

Resolved that the Sum of Seventy eight Pounds fourteen Shillings 
& five Pence be allowed &, paid out of the publick Treasury to the 
Hon"^ Samuel Patridge Esq"" to discharge the said Accompt. \_Passed 
February 16. 



CHAPTER 140. 

ORDER FOR LAYING OUT LEICESTER TOWNSHIP. [Passed February 16. Legislative 

Records of the 
r -w. 1.7 .71 77-7 Council, ix., 

\_Prmtea ivith resolves, orders, etc., ^'' granting lands, establishing j^re- 353. 



cincts and parishes, and determining territorial boundaries. ""j ^M<e, chap. 137. 



CHAPTER 111. 

VOTE APPOINTING APPRIZERS OF A PIECE OF LAND UPON THE PETI- 
TION OF SAMUEL SHRIMPTON. 

The following Order upon the Petition of Samuel Shrimpton of Legislative 
Boston Mariner for aji Apprizement to be made of a Piece of unbuilt councif, fx., 
Land in Boston pass'd in Council, Concur'd to by the Representatives ; ^^^- 
Viz, 

No Person appearing upon the Citation issued the twelfth Currant ; 

Ordered that Samuel Lynde Esq"" Mess" Richard Draper & Ezekiel 
Lewis be appointed & impowered a Committee to make a due Ap- 



330 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 142-145.] 



prizem' of the Land mentioned in the Petition, And make Return of 
the just Value thereof, In the best of their Judgements upon Oath : 
And that the Wife of George Calender (now Everenden) be paid the 
lawful Interest of one Third of the Apprized Value yearly, in Lieu of 
her Dower therein. \_Passed February 16. 



CHAPTEK 142. 

RESOLVE ALLOWING £.12,, 19 „ 6, TO SAM'-i- THAXTER ESQB. 

Becords^of the 'l'^^ FOLLOWING Resolve upon the Accompt of Samuel Thaxter Esq' 
Council, ix., Surveyour of Charge for Running the Province Line from Accord Pond 
— '- to Angle Tree, Pass'd in the House of Representatives ; Read & Con- 

^n<e, chap. 139. ^^j..^ . yj^^ 

Resolved that the Sum of Twelve Pounds nineteen Shillings & six 
Pence be allowed & paid out of the publick Treasury to Samuel Thaxter 
Esq"" to discharge the said Accompt. \_Passed February 16. 



• Legislative 
Records of the 
Council, ix., 
354. 



CHAPTEK 143. 

VOTE APPROVING PROPOSALS FOR DIVIDING SALISBURY INTO TWO 
PARTS. [Passed Februanj 16. 

\_Printed with resolves, orders, etc., '■''granting lands, establishing pre- 
cincts and 2)a,rishes, and determining territorial boundaries. "'\ 



CHAPTER 144. 

ORDER APPOINTING A COMM'^^^ FOR RUNNING THE WESTERLY LINE 
OF ROCHESTER. [Passed February 16. 

Records o? the {^Printed with resolves, orders, etc., ^'■granting lands, establishing pre- 
Councii, ix., cincts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 145. 



VOTE ACCEPTING THE REPORT OF V^ COMMt^e fqR CHARGE OF BUILD- 
ING YE TOWN HOUSE. 



Lejrislative 
Records of the 
Council, ix., 
355. 



The Report of a Committee appointed at the last Session to Ex- 
amine & Audit the Accompts of the Charge of Building the Town 
House «fe to see the Vouchers : Accepted by the House of Represent""^' 
Read & Concur'd; And is as follows; Viz, 

Boston Febr^ 15. 1713. Pursuant to the Order of the Hon'''^ 

Court, We have examined the afore said Accompts, & find them right 
cast & well vouched, & that the whole Cost of the House, (taking in 
the Sum of Twenty two Pounds two Shillings & ten Pence paid towards 
Finishing &c, since the Accompt was laid before the Court) Amounts 
to the Sum of Five Thousand one Hundred & Fourty two Pounds, eigh- 
teen Shillings & ten Pence ; The Half belonging to the Province to pay 



£4th Sess.] Province Laws {Resolves, etc.). — 1713-14. 331 

is Two Thousand five Hundred & seventy one Pounds nine Shillings 
& five Pence, Whereof, Two Thousand & five Hundred Pounds is paid, 
And the Ballance remaining due from the Province is the Sum of Seventy 
one Pounds nine Shillings &c five Pence, W^*^ we are of Opinion should 
be paid to the Comm''^'' accordingl}'. And that they receive the Thanks 
of this Court for their good Service : Andrew Belcher, Edw*^ Brom- 

field John Burrill Tho : Gushing, Tho. Hutchinson, Mich. Gill. [^Passed 
February 1 7. 



CHAPTER 14(3. 

ORDER ON COMPLAINT OF OXFORD SELECT MEN OF A TRESPASS. 

The following Order pass'd upon the Petition & Complaint of the Legislative 

o 1 i. nr c r\ e ^^ Records of tile 

.Select Men of Oxford ; Councii, ix., 

The Select Men of Oxford setting forth in their said Petition & ^_^ '__ 

Complaint That a few Weeks since one Samuel Jones of Concord pre- 
tending him self a Surveyour came up into our ToAvn & went down 
towards Chaubunnagungamug Pond into the Midst of the surveyed 
Lands granted by the General Assembly &, in their as well as our 
peaceable Possession, And there mark'd Trees «fe drew Lines Con- 
founding all the Surveys that have been made above thirty Years & 
peaceably possessed ; Praying that a Stop may be put to such injurious 
Proceedings &c, And the said Jones &, others debar'd from such illegal 
Proceedings for the Future : 

Declared that no Survey of Land in the Wast of this Province with- 
out a previous Grant of the Gen" Assembly, & Direction to survey 
the same accordingly is available in the Law, And the Petitioners ai'e 
referred for Remedy for the Trespass committed upon them to the 
Common Law. \_Passed February 17. 



CHAPTER 117. 



ORDER DISMISSING A PRESENTMENT ON PETITION OF Y^ SELECT MEN 

OF WENHAM. 

In Answer to the Petition of the Select Men of Wenham, Com- Legislative 
plaining of an unjust Preseutm' Prosecution & Judgem' thereupon ^uncn^, fi.f ^^ 
given against them in the Court of Geu'^ Sessions of the Peace holden 355. 
at Salem in the County of Essex in December 1712; for Refusing to Legisiative 
take Notice of & Enter the Choice made of Thomas Patch as a Rep- councu^, ?!!''*' 
resentative for the said Town of Wenham in the Year 1712 : & to 34s. 
Return the Precept for that Purpose accordingly. 

Ordered that the Presentm' therein mentioned be dismist, & the Peti- 
tioners discharged without Paying Costs, The Law having made this 
House the sole Judges of the Elections & Qualifications of their Mem- 
bers. \_Passed February 17. 



332 



Province Laws {Resolves, etc.). — 1713-14. [Chaps. 148-151.] 



CHAPTER 148. 

ORDER ESTABLISHING A PRECINCT AT LONG MEADOW. {Passed Feb- 
ruary 1 7. 

Recordfof the [Printed ivith resolves, orders, etc., ''^granting lands, establishing jyre- 
Councii, ix., cincts and parishes, and determining territorial boundaries."^ 

356. 



CHAPTER 149. 

ORDER ESTABLISHING SWAMPFIELD A NEW TOWNSHIP. [Passed Feb- 
ruary 1 7. 

Kecords^oithe [Printed with resolves, orders, etc., ^^ granting lands, establishing pre- 
conncii,ix., cincts and parishes, and determining territorial boundaries. "'\ 

356. 



CHAPTER 150. 

ORDER ACCEPTING THE COMMITTEE'S REPORT UPON THE ACC^^ qF' 
ANDREW BELCHER ESQ'' COMMISS* GENi-i-. 

Legislative -pHE FOLLOWING Order upou the AccoHipts of Andrew Belcher Esq'' 

councif,?x., Commissary Gen'^ Pass'd in the House of Represent™' Read & Con- 

^^ cur'd ; Viz, 

Execut^ivf ■ ^'^^' ^^ *^® Subscribers appointed by the House of Represent'''^" a Com- 
Records of the mittec to examine & audit the Accompts of Andrew Belcher Esq"" Com- 
m°*^'''^^"' missary CtCu" have attended that Service & Examined his Accompts 
from the fourth Day of August last to the tenth Day of February Cur- 
rant And find them right cast & well avouched, And that on the said 
tenth Day of February, There is due from the Province to the said 
Andrew Belcher the Sum of Two Hundred & three Pounds eighteen 
Shilling & three Pence one farthing, As was reported by the Com- 
mittee of the Council 

Boston Febr. 17. 1713. 

Edmund Quincey Tho : Hutchinson ) QQ^^tee 

Joseph Ellis Tho : Fitch j 

Ordered that the above Report be accepted. And the Commissary 
Gen" be discharged accordingly, And the Thanks of this Court given 
him for his good Service in that Office. [Passed February 18. 



CHAPTER 151. 

RESOLVE ALLOWING £.100. TO AND. BELCHER ESQ^ COMMISSARY GEN'-i' 
WITH AN ORDER TO DISPOSE OF THE STORES. 



Legislative Resolved that the Sum of One Hundred Pounds be allowed & paid 

Records ot the ^^ , ,. , .^ . ,, tt i,i„ . i ■•■. i i -.->.. /-i 

Council, ix., out of the Publick Treasury to the Hou""^ Andrew Belcher Esq' Com- 

?5!i missary Gen" for his good Service in that Office the last Half Year, 

Executive ■ ^^"' Expiring the nineteenth Currant: And that he be desired to 

Records of the make Sale of the publick Stores Remaining in his Custody to the best 

Council, vi., 
139, 145. 



[4th Sess.] Province Laws {Resolves, etc.). — 1713-14. 



333 



Advantage, Paying the Produce thereof to the Treas' Excepting the 
Arms & Ammunition to be reserved as l*rovince Store. \_Passed Feb- 
ruary IS. 



CHAPTER 152. 

ORDER FOR DISPOSAL OF THE NEW IMPRESSION OF V' LAWS, WITH 
ALLOW'^ OF £.30, TO THE COMM'^'f^*'. 



Ordered that the Law Books which this Court directed at their last ^^f^.^ds'Tf the 
Session to be imprinted for each Town in this Province & Member of couucii, ix., 
this Court, when finished & bound up be lodged in the Hands of Adding- "' 



ton Davenport Esq*^ to be delivered out according to the Vote of the -4?i<e, chap. lis. 
Court : And that so many Books as shall be delivered as afore said 
more than the Number the Comm'*^^ appointed to take Care of the Im- 
pression are to have of the Book-Seller for the Privilege of Printing 
the Laws, shall be paid for out of the publick Treasury : 

And that the said Committee be paid for their Service when com- 
pleated the Sum of Thirty Pounds. [^Fassed February 19. 



CHAPTER 153. 



RESOLVE IN EXPLANATION OF THE ORDER RELATING TO TAUNTON 
NORTH PURCHASE. [Passed February 19. 

{^Printed with resolves., orders., etc., ^''granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries."^ Council^, ?x.*''*^ 

359. 
. Ante, chap. 83. 



CHAPTER 154. 



ORDER OF HEARING ON JOS. SHERMANS PETITION IN REGARD TO A 
CAUSE TRIED IN THE SUPERIOR COURT. 



Upon reading a Petition of Joseph Sherman of Watertown, Praying Legislative 
to be Enabled to have a Hearing of a Cause formerly tried in the Supe- counciUx*'^ 
riour Court of Judicature^ betwixt Martha Bowman & the Petitioner ; '^ 



Ordered that the Petitioner Cause the adverse Party to be served Mass. 
with a Copy of this Petition in Order to have a Hearing before this se;? ''^^^' "^ '' 
Court on the second Thursday of their Session in May next. And that 
in the mean Time she do not dispose or Make Sale of any more of the 
Lands mentioned in the Petition to be recovered by her. [Passed Feb- 
ruary 19. 



CHAPTER 155. 



ORDER ACCEPTING REPORT OF V^ COMM'^^'^ UPON SAM'i- STEVENS 

PETITION. 



The Report of a Committee appointed the thirtieth of May last to Legislative 
Enquire into the Truth of the Matter set forth in a Petition then pre- councu! Tx.!''*" 
sented by Samuel Stevens of Glocester, as follows ; Viz, '^ 

Ante, chap. 4. 



334 



Province JjAw^ {Resolves, etc.) . — 1713-14. [Chaps. 156, 157.} 



In Obedience of the above said Order on the sixteenth Day of this 
Instant December, AVe had a Meeting of the two Widows of INF David 
& ]\F Jonathan Stevens, & have made Enquiry into the Truth of the 
Matter set forth in the within Petition, the Administrator being present ; 
And we cannot find that there has been any Relief made to the Widow 
for near these seven Years last past, So that there is a Necessity of 
Making Sale of some of the Estate for the Relief of the Widow, And 
we conceive that the House & Homestead together with two Lotts of 
Land lying next to Ipswich Line may be best to be sold & least Preju- 
dice, And the Income or Produce of said Lands to be lett out for the 
Relief of the Widow for the Future, besides what has been already 
necessarily expended for her Relief the Time past : 

John Newan 
James Parsons 
Dated at Glocester Dec. 25. Anno Dom : 1713. 

Read & 

Ordered that the Report of the Committee be accepted And that the 
Petitioner be impowered to make Sale of the Housiug & Lauds men- 
tioned in the Report. \_Passed February 19. 



Legislative 
Records of the 
Council, ix., 
360. 



CHAPTER 156. 

ORDER ACCEPTING THE COMM^ees REPORT ABOUT Y" DUTY OF LUMBER, 
& VOTE FOR AN ADDRESS. 

Report of a Committee appointed to Consider of a Proposal for 
Addressing for Taking off the Duties on Lumber from y" Plantations ; 
Viz, 

The Committee having considered the Proposals within mentioned are 
of Opinion, That M' Agent Dummer be desired or directed to use his 
best Endeavours to obtain the Taking off the Duties on Boards Staves 
& other Timber from the Plantations imported into Great Britain, As 
also for Liberty to send Lumber & Hops to Ii'eland inserting those 
Arguments within mentioned & what further may be thought proper 
to induce the Granting thereof : ^ Ord'' of the Comm"^'' 

El" Hutchinson 

Read & Accepted in Council, And that an Address go from this 
Court upon that Subject : Concur'd by the Represent"'''. \_Passed Feb- 
ruary 20. 



CHAPTER 157. 



VOTE ACCEPTING THE COMM^ees REPORT ABOUT THE PLACE FOR 
BROOKLYN MEETING HOUSE. 



Legislative 
Records of the 
Council, ix., 
361. 

v4M<e, chap. 132. 



Report of the Committee appointed upon the Petition of Brooklyn 
to consider of the most convenient Place for the Settiug up a Meeting 
House ; Viz, 

In Obedience to the above written Order, We have been at Brooklyn 
&, viewed the sev" Places proposed by the Inhabitants for the Setting 
up a Meeting House & heard the Inhabitants upon it ; And are unani- 
mously of Opinion, That the Piece of Ground between the School House 
& M"' Caleb Gardners Dwelling House, W'^^ the said Gardner hath given 
to the Town for that End, & where some of the Timber for it already 



[4th Sess.] Province Laws {Resolves, etc.). — 1713-14. 335 

lies is the most convenient Place for Erecting the said Meeting House, 
W'^ is humbly submitted 

In the Name & Behalf of the Committee, 

Penn Townsend. 

Read & Accepted in Council, The Town to bear the Charge that 
hath arisen on this Affair : Concur'd by the Represent'"'. \_Passed 
February 20. 



CHAPTER 158. 

ORDER OF HEARING ON EDW° THOMAS'S PETITION FOR REDEMPTION 
OF A MORTGAGE BY PROCEEDINGS IN EQUITY. 

Upon reading a Petition of Edward Thomas of Boston Merch' Set- Legislative 
ting forth that in the Month of October 1706 : he mortgaged a certain couucif, L., ' 

Brick Messuage or Tenement & Land with the Appurtenances to An- ^^1: 

drew Belcher Esq"" AVho for Default of the Payment of the Considera- 
tion Money in the Mortgage, sued out the same & levied Execution 
upon the said Messuage &c And got into Possession thereof And 
assign'd the same over to Joseph Dowding of Boston Merchant in 
the Month of June 1710, Whereupon the Petitioner according to the 
Direction of the Law of the Province for the Redemption of Mort- 
gages about the Beginning of October 1712, Carried to & tendered 
at the House of the said Joseph Dowding the whole of the Principal, 
Interest & Charges due upon the said Mortgage, W^*^ he refusing to 
accept of, the Petitioner brought forward a Petition to the Inf eriour 
Court of Common Pleas in the said Month of October &c. And in 
January Inf eriour Court last brought on his Suit in Equity for Redemp- 
tion of the Premises mortgaged as afore said the second Time, but 
was dismiss'd without any Relief &c : And his Time for Redemption 
by the Law being now expired, Prajnng that he may be allowed «& 
impowered to bring forward his Suit in Equity for the Redemption 
of the Estate according to the Direction of the Law at the next Infe- 
riour Court of Pleas to be holden at Boston &c, & so at the Superiour 
Court, in Case there be an Appeal untill the Matter be finally issued 
Si. determined ; 

Joseph Dowding having been served with a Copy of this Petition ; 
& heard what he hath to say Why the Prayer thereof should not be 
granted ; 

Ordered that the Petitioner be impowered to have a Hearing of the 
Case mentioned therein to Effect in the next Court & Courts of Law 
proper to hear the same. The Time being Elapsed notwithstanding. 
\_Passed February 22. 



CHAPTER 159. 

ORDER ON ABRA. ADAMS PETIT^" FOR GEO. THURLA, IMPOWERING HIS 
WIDOW TO DEFEND AN APPEAL FROM A JUDGMENT. 

Upon reading a Petition of Abraham Adams Guardian to George Legislative 
Thurla a distracted Person late Dec'' Praying that a Power may be councif, ?x.!''® 
granted to him self or to the Administ" to defend an Appeal made 36-2 . 
from a Judgem' recovered by him in his Capacity afore said at the Executive 
Inf eriour Court within the County of Essex : Coundi! vf.f 97. 



336 



Province IjKss'^ (^Resolves, etc.) . — 1713-14. [Chaps. 160-162.] 



Ordered that the. Widow & Administ'' of the Dee'^ be irapowered to 
Carry on the Suit therein mentioned to Effect, thro the Courts of the 
Law in Behalf of her self & the Children of her late Husband Dec*^ 
His Death intervening pending the Suit notwithstanding. \_Passed 
February 22. 



CHAPTER 160. 

ORDER REVIVING A GRANT ESTABLISHING NORTHFIELD TOWNSHIP. 

[^Passed February 22. 

Recordfof the \Printed loitli resolves^ orders, etc., '-'■ grantiyig lands, establishing pre- 
Councii.ix., ciucts and parishes, and determining territorial boundaries. "'\ 



CHAPTER 161 



Legislative 
Records of the 
Council, ix., 
363. 



RESOLVE ALLOWING W"" TAILER ESQ'' £.45. 

Upon reading a Remonstrance & Petition of Coll. "William Tailer 
Esq" Setting forth that he had the Honour of Commanding a Regi- 
ment of the Troops raised in this Province in the Reduction of Nova 
Scotia bjf Vertue of her Majesties Commission, That upon the Suc- 
cess & Return of the Troops he had forty five Pounds allowed him, 
as appears by the Muster Roll, Humbly Requesting that that Sum 
may be allowed him as a Gratuity from the Province, & not under 
the Head of Pay, Altho he acquits the Province from any Demand 
on that Accompt, the better to Enable him to soUicit her Majesties 
Favour for an Allowance upon the Foot of that Commission ; 

Resolved that the Request of the within Remonstrance or Petition 
be granted, And that the Treasurer note on the Muster Roll, That 
the Sum there is not to be drawn. \_Passed February 23. 



CHAPTER 162. 



ORDER ALLOWING SIX MONTHS ADVANCE OF MONEY TO CPT. TUTHILL 
FOR PROVISIONS FOR Y^ GARRISON AT CASTLE W^. 

Rifordsof the Upon readinCx a Motion or Petition of Cpt. Zechariah Tuthill Vict- 
Councii, ix., nailer of the Garrison at her Majesties Castle William, Praying that 

'^— he may be allowed six Months Advance at the Beginning of every 

^Mie, chap. 103. ^j^ Months Accompt, according to the Allowance for Victualling & 
the Number of Men from Time to Time, Commencing from the first 
of January last past, for as much as the Season for Buying Provi- 
sions alwaies requires nine Months Provisions in Store. 

Ordered that the Prayer of the Petition be granted, Provided the Peti- 
tioner give his Obligation to the Province Treasurer that the Money so 
advanced or the Provisions bought therewith or so much as hath not 
been made Use of be returu'd to him or Order, in Case of the Removal 
of the Petitioner from his Office by Death or otherwise. \_Passed Feb- 
ruary 23. 



[4th Sess.] Province Laws (JResolves, etc.). — 1713-14. 337 



CHAPTER 163. 

RESOLVE ADDING £.40, TO THE ALLOWANCE OF THE REV" M« JOHN 

LEVERET. 



Resolved that the Sum of Forty Pounds be added to the Allowance Legislative 
of the Rev" M' John Leveret President of Harvard College for the coundUx.! 
Year Curr' & paid out of the publick Treasury, In Consideration of 3(!4. 
the extraordinary Scarcity & Dearness of Provisions & other Neces- 
saries of House-keeping. \_Passed February 23. 



CHAPTER 164. 

RESOLVE ALLOWING £.10, TO CPT. SAMi-^ PHIPS. 

Resolved that the Sum of Ten Pounds be allowed & paid out of the Legislative 
Publick Treasury to Cpt. Samuel Phips for his Service as Clerk of the counclux.!''^ 
Comm'*"" formerly appointed to receive Claims of Lands in the Eastern 364. 
Parts of this Province, His Book of Entries being delivered to the pres- 
ent Comm'^^. \_Passed February 23. 



CHAPTER 165. 

RESOLVE ORDERING A SURVEY FOR A TOWN AT SACO, AND FOR 
PRINTING THE RESOLVES FOR SETTLING Y^ EASTERN COUNTREY. 
[Passed February 23. 

\_Printed tvitJi resolves, orders, etc., ^^ granting lands, establishiyig pre- Legislative 
cincts and parishes, and determininq territorial boundaries. "'\ Records of the 

^ ^ "J J Council, IX., 

364. 



Ante, chaj). 112. 



CHAPTER 166. 

ORDER APPOINTING A COMMITTEE ON NEWTOWN PETITION IN REGARD 
TO A MEETING HOUSE. 

Upon reading a Petition of the Select Men of Newtown Setting forth Legislative 
that some of the Inhabitants in the Southern Part of their Town are council ix., ^ 
actually preparing to build a Meeting House for the publick Worship '^^ 



of God in that Part, Notwithstanding what this Court hath advised to, (^"'.'';f'.i''?P- 1^. 
^W^ch ^j[Q |jg greatly detrimental to the Peace to the whole Town ; Pray- Reoords^of the 
ing that a Stop may be put to their Proceeding : Council, vi.. 

Ordered that Penn Townsend & Andrew Belcher Esq" of the Coun- 
cil, Addington Davenport, Edmund Quincey & Daniel Parker Esq" 
M' AVilliam Denison & Cpt. Michael Gill of the Representatives be 
a Committee to whom this Petition is referred & that they sit forth- 
with & Report their Opinion, What they think proper to be done by 
this Court thereon : ' Report of the Committee : 

The Committee ai-e of Opinion that the within named John Kenrick, 
Jonathan Hides, Edward Ward & Eliezar Ward, & the other Inhabi- 
tants concerned in Preparing to build a New Meeting [house] as is 
within mentioned be served with a Copy of this Petition in Order to 



338 



Province Laws (i?eso?ves,e^c.). — 1713-14. [Chaps. 167-169.] 



their Making an Answer to the same on the second Wednesday of the 
Sessions of this Court in May next, And they be in the mean Time 
enjoyned to desist from going on with the said Building : Read & Ac- 
cepted in Council, And Concur'd by the Representatives. [^Passed* 
February 23. 



CHAPTEK 167. 



Legislative 
Records of tlie 
Council, ix., 
365. Mass. 
Archives, 
ccxliii., 35. 

Ante, chap. 6. 



VOTE ACCEPTING THE COMMITTEE'S REPORT UPON THE WESTFIELD 
PETITION FOR AN ADDITIONAL GRANT. {Passed February 23. 

\_Printed ^vith resolves, orders, etc., ^'•granting lands, estahlisldng pre- 
cincts and parishes, and determining territorial boundaries. "~\ 



CHAPTER 168. 

ORDER ON THE PETITION OF KATHERINE NANNY ALIAS NAYLOUR IN 
REGARD TO HER SUPPORT. 



Legislative 
Records of the 
Council, ix., 
366. 

Ante, chap. 87. 



In Answer to the Petition of Katherine Nanney alias Naylour Relict 
of her former Husband Robert Nanney Dec^ presented at the last 
Session therein Setting forth that she has been blind for near fifteen 
Years past & labours under the Infirmities of Old Age, &, has been at 
great Expence for her necessary Support, & must now perish without 
some better Relief than is provided for her by her said late Husbands 
Will who thereby gave her the Rents & Income of his Real Estate 
only during her Life, which consists of an old Dwelling House in Ann 
Street in Boston, now become ruinous & run to dispair. The Charge of 
Repairing the same amounts to near as much as the yearly Profits, 
Her said Husbands Children being all dead without Leaving any known 
Relations in these Parts Praying she may be allowed to Make Sale of 
the said House & Land or to mortgage the same for certain Term of 
Years to provide for her Support & Comfort : Order having been made 
at the last Session that Major John Wheelwright, And the Attorney 
of the Heirs of of ^ Robert Nanny, If any such there be be served with 
a Copy of the Petition & heard thereon, If any Thing they have to 
object Why the Prayer thereof should not be granted ; And now further 
Ordered that Major John Wheelwright the Petitioners Nephew take 
the Estate into his Hands & repair the Buildings or Erect new ones 
thereon, That the Estate may be put under Improvem' And make such 
Allowances out of the Rents &, Incomes thereof for the Relief & Sup- 
port of the Petitioner, As this Court from Time to Time shall direct. 
Keeping just & fair Accompts of his Disbursem'' That they may be 
rendered to the Heirs of Rob' Nanny If any such appear. \_Passed 
February 23. 



CHAPTER 169 



ORDER FOR ESTABLISHING A 
LAND. 



NEW TOWNSHIP BY 
{Passed February 23. 



Legislative nT?DF.R. FOR ESTABLISHING A NEW TOWNSHIP BY THE NAME OF RUT- 
Records of the 
Council, ix., 
^m. 

Post, chap. 174. {^Printed ivith resolves, orders, etc., " granting lands, establishing pre- 
Sewaii's ^^_ cincts and parishes, and determiyiing territorial boundaries. "'\ 

» Sic. 



[4th Sess.] Province Laavs {Resolves^ etc.). — 1713-14. 339 



CHAPTEE 170. 

RESOLVE ALLOWING ROB'' ELLIS £.25. 

Upon reading a Petition of Robert Ellis of Boston Surgeon Pray- Legislative 
ing Payment of the Sum of Twenty five Pounds for his Service in c^unc*if,?x.!^° 

Attending Dressing & Cure of Joseph Belknap jun'' for the Space of ^^ 

near Three Years who was wounded in her Majesties Service &, Pay 
of this Province, on Board the Sloop Phoenix, Cpt. Miles Commander 

Resolved that the Prayer of the Petition be granted, And the Sum 
of Twenty five Pounds be allowed &, paid out of the Publick Treasury 
to Robert Ellis the Petitioner for the Cure mentioned in the Petition. 
\_Fassed February 24. 



CHAPTER 171. 

ORDER PROHIBITING TRESPASS UPON LANDS OF JN" WAINWRIGHT AND 

OTHERS. 

Upon reading the Petition & Representation of John TVainwright & Legislative 

rW*('OrQ8 OX t>n6 

Jonathan Emerson on Behalf of them selves & others the Partners Pro- council, ix., 

prietors of a Farm scituate within the Township of Amesbury peacebly ^^ 

possessed by them & their Ancestors for near thirty Years past being 
lately inteiTupted by Trespass made upon them & alledged to ly within 
the Province of New-Hampshire, Praying a Prohibition against the Cut- 
ting any Wood or Timber off the said Farm untill the Line betwixt the 
two Provinces be adjusted ; 

Ordered that, Depending the Dispute about the Partition Line betwixt 
the two Provinces all Strip & AYast of Wood & Timber to be made upon 
the Lands herein mentioned is hereby strictly prohibited &> forbidden. 
\_Passed February 24. 



CHAPTER 172. 



ORD'' FOR CALLING IN THE £.10000, LOAN. 



Resolved that the Treasurer be ordered to call in what of the Ten Legislative 
Thousand Pounds Loan is outstanding. Except what was continued to counc'iUx.r* 
the Borrowers by the Order of this Court for a longer Time against the 368. 
Sessions of the Gen" Court in May next. [^Passed February 24. Ante, chaii. 64. 



CHAPTER 173. 

ORDER OF HEARING ON THE PETITION OF MATTHEW BOMER COM- 
PLAINING OF A JUDGMENT. 

Upon reading the Petition of Matthew Bowmer jun' Complaining Legislative 
of a Judgem' given against him at the Court of Gen" Sessions of the c^^^Sf, ^ilT'' 
Peace for the County of Bristol, held at Bristol in October past at the 368. 
Prosecution of Cpt. Constant Church for Theft, From which Judge- 
ment he Claimed an Appeal & offered to enter his Bonds with one 



340 



Province Laws (Resolves, etc.). — 1713-14. [Chaps. 174-17G.] 



good Surety for his Prosecution tliereof, but was denied bis Appeal 
because he did not bring an other Surety, as he sets forth ; 

Ordered that Provision be made for the Relief of the Petitioner, And 
that the Cause within mentioned be heard before the next Court of 
Assize to be held for & within the County of Bristol, As if the Peti- 
tioner had been admitted to his Appeal, & to prosecute the same in 
like Manner as the Law provides for Appeals, The Petitioner Causing 
the adverse Party to be served with a Copy of this Order fifteen Days 
before the Courts Sitting. \_Passed February 24. 



CHAPTER 174. 



RESOLVE APPOINTING JN^ CHANDLER TO LAY OUT RUTLAND. [Passed 

February 24. 

Recordfofthe \_Printed loith resolves, orders, etc., ^'-granting lands, establishing j^re- 
councii.ix., ciucts and parishes, and determining territorial boundaries. "'\ 

Ante, chap. 169. 



Legislative 
Records of the 
Council, ix., 
368. 



CHAPTER 175. 

VOTE ACCEPTING REPORT OF THE COMMITTEE APPOINTED TO ANSWER 
GENERAL NICHOLSON'S LETTER. 

The Report of the Committee ; Viz, In Answ^er to his Excel- 

lency Gen^ Nicholsons Letter of this Date, The Committee are humbly 
of Opinion that the Thanks of this Court be given to his Excellency 
Gen" Nicholson for his Advice referring to the Bills of Credit given 
out by Coll. Vetch late Govern'' of Annapolis Royal ; We are not ad- 
vised that any of those Bills have been yet offered in Payment, within 
this Province, which when it shall happen : It may be proper for the 
Government to take all just Care, That her Majesties good Subjects 
within the same have no Injury thereby ; And that notwithstanding 
It is using all proper Means to bring in the Bills of this Province out 
standing that they may be burnt. Yet if her Majesties Service shall 
stand in Need" of Six Hundred Pounds for the Support of the Garri- 
son at Annapolis Royal, That there be a Loan thereof to Govern'' 
Nicholson for the Time, & in the Manner that he propounds in his 
Letter : 

Feb. 24. 1713. Sign'd ^ Order of the Committee 

W" Tailer. 

Accepted in the House of Represent''' Read & Concur'd in Council. 
\_Passed February 24. 



CHAPTER 176. 



Legislative 
Records of the 
Council, ix., 
369. 



ORDER ANNULLING A DEED FROM HENRY SHORT TO MATTHEW SHORT. 

In Answer to the Petition of Henry Short of Newbury & his Brother 
Matthew Short Praying, That a Deed or Instrument pass'd by the said 
Henry of an Estate in Housing & Lands to his Brother Matthew Short 
& the Heirs of his Body lawfully begotten & so in a lawful Line for 
Ever, agreable to the Will of their Father Henry Short Dec*^ (a Copy 



[4th Sess.] Province Laws {Resolves, etc.). — 1713-14. 341 

whereof was presented) may be null'd & made void, And so the said 
Matthew Short & his Heirs may be wholly taken out of the Estate, & 
sett at Liberty from the hard & difficult Terms & Conditions in that 
Deed express'd ; 

Ordered that the Praj^er of the Petition be granted & the Deed or 
Instrum' therein referred to from the Petitioner Henry Short be & 
hereby is utterly nulled & made void. [Passed February 24. 



CHAPTER 177. 



VOTE DEMANDING THE QUOTA OF THE OTHER GOVERNMENTS OF THE 
ADV TO Y^- CHARGE OF Y^ EXPEDITION 1710. 

The following Vote pass'd in y^ House of Repres''*^ Sent up for Legislative 
Concurrence. Couneif ix* *^^ 

Voted that his Excellency the Govern'' with the Council be desired 369. 
to improve some suitable Persons to go to the sev" Governm'' of Con- 
uecticut, Rhoad Island & New Hampshire when his Excellency Gen" 
Nicholson visits those Goverum'' To obtain of them their respective 
Quotas for the Charge of Transports for the Train of Artillery &c in 
the Expedition Anno 1710: under his Excellency Gen" Nicholson for 
the Reduction of Port-Royal &c ; Ordered by the then Council of War 
(& to be born by the said Governm'* in Conjunction with this, but the 
whole) to be first advanced by this Province, as it then was, The sev" 
Articles of which Charge & the respective proportionable Quotas ap- 
pear by the particular Ace" thereof approved by the said Council, And 
to obtain what is due from the said Governm' of Rhoad Island for the 
Furnishing Surgeons for the said Expedition ; And that Major Thomas 
Fitch Cpt. Thomas Hutchinson & John Clark Esq"' with such as the 
Hon'''*' Board shall appoint be a Committee to wait on his Excellency 
Gen" Nicholson & Request his Favour to this Province in Certifying 
the said Governm'^ of the Reasonableness & Justice of the said Demands 
& Disposing them to a Discharge & Payment thereof to such Person 
as shall be employed to receive y^ same. 

Read & Concur'd in Council, And Eliakim Hutchinson «fe Andrew 
Belcher Esq" appointed to be of the Committee for the Affair above 
mentioned, And that M"^ Commissary Gen" Belcher be desired b}' him 
self or one belonging to his Office knowing in the Accompts to accom- 
pany Gen" Nicholson, as is above proposed, when he visits the sev" 
Governments above named. [Passed February 24. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 171 4. 



[343] 



LEGISLATIVE LIST^ 



1714 



His Excellency JOSEPH DUDLEY, 

Captain-General and Governor-in-chief, etc. 

ISAAC ADDINCxTON, Esq., 

secretary of the province. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitant& of or Proprietors of Lands loithin the Territory formerly called 
the Colony of the Massachusets Bay; 



William Tailer 
Wait Winthrop 
Sajhuel Sewall 
Elisha Hutchinson 
Isaac Addington 
John Phillips 
Jonathan Corwin 
Penn Townsend 
John Appleton 



John Higginson 
Samuel Patridge 
Andrew Belcher 
Edward Bromfield 
EsQRS. Thomas Noyes 

Nathaniel Norden 
Benjamin Lynde 
Addington Davenport 
Thomas Hutchinson 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of New Plimouth; 

Isaac Winslow ) John Cushing 

Nathaniel Payne i ^^^^^' John Otis 



ESQRS. 



Of the Lihabitants of or Proprietors of Lands within the Territory formerly called 
the Province of Main; 

Eliakim Hutchinson, John Wheelwright & Ichabod Plaisted, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying between 
the River of Sagadahock & Nova Scotia ; . 

Joseph Lynde, Esq. 

1 See Legislative Records of the Council, ix., 371-374. 
[345] 



346 



Pkovince Laws {Resolves, etc.). — 1714. [Representatives.] 



For the Province, at large : — 
Samuel Appleton & Nathaniel Byfield, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

May 26, 1714 to November 5, 1714. 



Mr. JOHN BURRILL, Speaker. 



COTTNTY OF SUFFOLK. 

Boston, . . . John Clark, Esq., 

Capt. Thomas Hutchinson, 
Col. Adam Winthrop, 
Capt. Oliver Noyes. 

Boxbury, . . Mr. William Denison. 

Dorchester, . . Capt. Hopestill Clap. 

Milton, . . . Mr. Ephraim Tucker. 

Brantrey, . . Edmund Quincey, Esq. 

Weymouth, . . Capt. Stephen French. 

Eingham, . . Samuel Thaxter, Esq. 

Dedham, . . Mr. Eleazar Kingsberry. 

Medfield, . . Ensign Samuel Smith. 

Mendon, . . . Mr. Samuel Thayer. 

Wrentham, . .Mr. John Guild. 

Needham, . . Mr. John Smith. 

County of Middlesex. 



Cambridge, . 
Charlestown, 
Watertown, . 
Newtown, . 
Sudbtcry, . 
Marlboro, . 
Sherburn, . 
Lancaster, . 
Framingham, 
Qrotton, . . 
Concord, . . 
Chelmsford, 
Billerica, . 
Wobiirn, . . 
Medford, . 
Reading, 
Maiden, . . 
Lexington, . 
Weston, . . 



. Mr. Jonathan Remington. 

. Capt. Samuel Phips. 

. Mr. Samuel Stems. 

. Mr. John Ward. 

. Capt. Hopestill Brown. 

. Mr. Peter Rice. 

. Mr. John Holbrook. 

. Mr. Jabez Fairbanks. 

. Major Joseph Buckminster. 

. Mr. John Famsworth. 

. Mr. Benjamin Whittemore. 

. Mr. Stephen Pierce. 

. Lieut. John Stems. 

. Mr. John Pierce. 

. Mr. Thomas Tufts. 

. Mr. Timothy Wiley. 

. Mr. John Greenland. 

. Capt. William Read. 

. Capt. Francis Fulham. 



County of Essex. 

Salem . . . Capt. Peter Osgood, 
Mr. John Pickering. 

Ipswich, . . . Mr. Nathaniel Knolton, 
Mr. John Appleton. 

Lynn, . . . John Burrill, Esq. 



County 

Marblehead, 
Beverly, . . 
Weiiham, . 
Topsfield, . 
Andover, 
Bradford, . 
Haverhill, . 
Boxford, . . 
Bowley, . . 
Newbury, . 
Salisbury, . 
Amesbury, . 
Olocester, . 



OF Essex — Concluded. 
. Mr. James Cawley. 
. Mr. Samuel Balch. 
. Mr. William Fiske. 
. Mr. Tobijah Perkins. 
. Capt. Benjamin Stevens. 
. Mr. Thomas Kemball. 
. Mr. John Hasseltine. 
. Mr. Joseph Hall. 
. Mr. Joseph Boynton. 
. Capt. Thomas Hall. 
. Mr. William True. 
. Capt. Thomas Harvey. 
. Mr. James Parsons. 



County of Bristol. 
Bristol, . . . Capt. Simon Davis. 
Taimton, . . Capt. Samuel Williams. 
Swanzey, . . Mr. John Rogers. 
Rehoboth, . . Mr. Moses Read. 
Attlebord, . . Mr. Nicholas Ide. 
Little Compton, Capt. William Southworth. 
Dartmouth, . . Mr. Jonathan Delano. 
Dighton, . . . Mr. Benjamin Jones. 
Tiverton, . . Mr. Job Almy. 

County of Hampshire. 

Springfield, . John Pynchon, Esq. 



Northampto7i, 
Westfeld, . 
Suffield, . . 
Hatfield, . . 
Hadley, . . 



. Mr. Joseph Parsons. 
. Mr. John Ashley. 
. Mr. Jacob Adams. 
. Mr. John Patridge. 
. Mr. Daniel Marsh. 



County of York. 
York, .... Lewis Bane, Esq. 
Kittery, . . . Capt. John Leighton. 
Wells, . . . Mr. Joseph Storer. 

County of Plimouth. 
Plimouth, . . Mr. John Watson. 
Scituate, . . Mr. Samuel Clap. 
Marshfeld, . . Mr. Isaac Little. 



[Representatives.] Province Laws (i?esoZves, e^c). — 1714. 347 



County ok Plimouth — Concluded. 



Duxboro, 
Bridgewater, 
Bochester, . 
Pembrook, . 



. Seth Arnold, Esq. 
. Josiah Edson, Esq. 
. Mr. Samuel Prince. 
. Capt. Thomas Barker. 



County of Barnstable 
Barnstable, . 
Sandwich^ . 



. Daniel Parker, Esq. 
. Mr. Samuel Jemung-s. 



County of Barnstable — Concluded. 
Yarmouth, . . Mr. John Paddock. 
Eastham, . . Mr. John Payne. 
Harwich, . . Mr. John Mayo. 
Truro, . . . Capt. Thomas Payne. 

Nantucket. 
James Coffin, Esq, 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON the Twenty-sixth Day of May, A.D. 17 14. 



CHAPTER 1. 

ORDER CONFIRMING THE COMMITTEE'S REPORT IN REGARD TO KIT- Legislative 

TERY lower PRECINCT. [Passed May 29. Records of tlie 

^ Council, ix., 

376. 

\_Printed ivith resolves, orders, etc., '■^granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ Records 9f the 

336. 



CHAPTER 2. 

ORDER OF CONFIRMATION OF A GRANT OF LAND TO MENDON. [Passed 

June 1 . 

\_Printed ivith resolves, orders, etc., '■'■granting lands, establishing x>re- Legislative 
cincts and parishes, and determining territorial boundaries."^ Coundf fx *^^ 

378. 



CHAPTER 3. 

ORDER FOR AN INQUIRY INTO THE VALIDITY OF A CONVEYANCE BY 

THOMAS ELLIS. 

Upon reading a Petition of Cpt. John Jenkins & Mary his Wife Legislative 
in Behalf of Margaret Hutchins an Orphan abont ten Years of Age councff ix."^® 
relating to the Incapacity of her Grand father Thomas Ellis & his 378. 
being prevailed on by a Stranger to pass away his Estate to him in 
her Prejudice. 

Ordered that Nath" Norden Esq"^ & John Legg Esq"" two of her 
Majesties Justices dwelling at Marblehead be desired & impowered 
to Enquire into the Powers & Capacity of the said Thomas Ellis & 
his Circumstances & what he has done respecting his Estate & report 
the same. \_Passed June 1. 

[349] 



350 



Province Laws {Resolves, etc.). — 1714. [Chaps. 4-7.] 



Legislative 
Records of the 
Council, ix., 
378. 

Post, chap. 74. 



CHAPTEE 4. 

ORDER TO SURVEY & MARK OUT ¥■= BOUNDS OF TRURO. {Passed Jime 1. 

[^Printed luith resolves, orders, etc., ^^ granting lands, establishing j^re- 
cincts and parishes, and determining territorial boundaries."^ 



CHAPTEE 5. 



Legislative 
Records ol the 
Council, ix., 

379. 



ORDER DIRECTING THAT NANTUCKET INDIANS HOLD THEIR LANDS IN 

PEACE. 

Upon reading a Petition of Muniianequin & Cain Sosoneth Sachems 
of the Island of Nantucket, Complaining of the English Inhabitants 
there Depriving them of the Improvem' of the Reserved Lands, their 
Tillage & Herbage, Distraining & Disposing of their Cattle Complaints 
of the like Nature having been before made by the Indians ; 

Ordered that they be in no wise Molested or hindered in the Use & 
Improvem* of their reserved Land in the said Island as well for Tillage 
& Feed as in all Times past, Nor their Cattle be distrained on Pretence 
of Trespass, But that they be in Peace in their Possessions & Improvem'^ 
untill there be a full Hearing & Determination by this Court of the Chal- 
lenges made upon them by the English Inhabitants of the same Island, 
W*^'' the English Inhabitants are to sollicit and pursue, for that the Indians 
are uncapable to understand the Law or look after their Rights : And 
the Petitioners are to serve James Coffin Esq' a principal Inhabitant 
of the said Island with a Copy of this Order. \_Passed June 2. 



CHAPTEE 6. 

ORDER OF HEARING ON THE PETITION OF SUDBURY WEST INHAB'^s 
FOR A TOWNSHIP. [Passed June 2. 

Recordfoithe [Printed With resolves, orders, etc., ^'■granting lands, establishing pre- 
Councii.ix., cincts and parishes, and determiniyig territorial boundaries. "'\ 

Post, chap. 83. 



CHAPTEE 7. 



ORDER OF CONFIRMATION OF 500 ACRES OF LAND TO JOSIAH TORREY. 

[Passed June 2. 

Recordfof the \^Pri7ited toith resolves, orders, etc., " granting lands, establishing pre- 
councii, ix., cincts and parishes, and determining territorial boundaries. "~\ 



[1st Sess.] Province Laws {Resolves, etc.). — 1714. 351 

CHAPTER 8. 

RESOLVE ALLOWING TO JN« HARRADINE £.7„ L5. 

Upon reading a Petition of John Harradine of Glocester Praying Legislative 
Payment for his Expence & Wages for his Service as Pilot on Board Sen"; lx.?*" 

her Majesties Ships Mountague & Sapphire in the late intended Ex- '^^ 

pedition against Canada being two Months & two Days in the Service ; 

Resolved that the Sum of Seven Pounds & fifteen Shillings be allowed 
& paid out of the Publiek Treasury to John Harradine the Petitioner 
in full for his Service set forth in his Petition. \_Passed June 2. 



CHAPTER 9. 

ORDER APPOINTESTG A COMM^ee tO CONSIDER OF IVIETHODS TO FACII^ 

ITATE PAYMENTS. 

In Consideration of the low Circumstances of the Province & the Legislative 
Difficulty of Gathering the publiek Taxes by Reason of the few pub- coundux."'^ 
lick Bills of Credit that are passing ; '^ 

Ordered that Sam" Sewall Elisha Hutchinson, John Higginson, John pos^ chap. 76. 
Appleton & Andrew Belcher Esq" & the Queens Attorney be a Com- 
mittee to consider of proper Ways «& Methods to facilitate Payments 
both publiek & in Trade, with such as the House of Representatives 
shall name to join them, And to report the same forthwith. 

Concur'd by the House of Represent"^' & Cpt. Oliver Noyes, Coll. 
Sam" Thaxter, Daniel Parker Esq"" Coll. Edmund Quincey, M'' Sam^^ 
Clap, M'' William Denison &, M'' Jon* Remington joined in y* Affair. 
\_Passed June 4. 



CHAPTER 10. 

ORDER APPOINTING A COMM^ee tO HAVE A HEARING IN REGARD TO 
BUILDING A SECOND MEETING HOUSE IN NEWTON. 

Upon reading a Petition of the Select Men of Newton Setting forth Legislative 
that Sev" of the Inhabitants in the Southern Part of the Town are act- councif.ix., ^ 

ually preparing to build a Meeting House for the publiek Worship of ^ 

God in that Part of the Town ; Praying the Town may be kept united : Pos^, chap. 30. 

Ordered that John Otis, Nath" Payne & John Wheelwright Esq" or Reforms ^of the 
any two of them with such as shall be joined them by the Represent- syo^^smith's 
atives be a Committee to repair to Newton on Tuesday the eighth Cur- History of 
rant, & Hear both Parts of the Town on the Matter of this Petition, ^ioZm.' ^'^'' 
And Report the same to this Court : Concur'd by the House of 

Represent^*^^ And Seth Arnold Esq" Joseph Parsons Esq"" M'' Sam" Balch 
& Cpt. Peter Osgood are a Comm""^ to join in y*" Affair. [Passed June 4. 



352 



Province Laws {Resolves, etc.). — 1714. [Chaps. 13-15.] 



Legislative 
Records of the 
Council, ix., 
3S2. 

Legislative 
Records of tlie 
Council, ix., 
377. Pratt's 
History of 
Eastham, Well- 
fleet and 
Orleans, p. 54. 



CHAPTER 11. 

ORDER OF HEARING OF POTAMOMMACUT INDIANS COMPLAINT VERSUS 

EASTHAM &c. 

Upon reading a Plea & Complaint of the Indian Inhabitants of 
Potomummocutt, That they are deprived of their Rights & Privileges 
in the undivided Commons in Eastham & Harwich for Cutting Fire- 
AVood Fencing Stuff & Timber & Herbage &c : 

Ordered that the Petitioners Cause the Select Men of Eastham & 
Harwich to be served with a Copy of this Petition, And that they be 
heard thereupon the first Fryday of the next Session of this Court. 
\_Passed June 4. 



CHAPTER 12. 



RESOLVE ALLOWING 30/, TO JACOB TOMPSON. 



Legislative 
Records of the 
Council, ix., 

382. 



Resolved that the Sum of Thirty Shillings be allowed & paid out of 
the publick Treasury to Jacob Thompson surveyour for his Service in 
Running the Line between Accord Pond & Angle Tree. \_Passed June 4. 



CHAPTER 13. 



VOTE ALLOWING ESSEX CO. TREAS«s ACC^. 



Legislative 
Records of the 
Council, ix., 

38-2. 



Voted a Concurrence with the Allowance pass'd by the Represenf^' 
upon the Accompt of John Appleton Esq"^ County Treasurer for Essex, 
Commencing the twenty eighth of June 1712. [Passed June 4. 



CHAPTER 11:. 



ORDER APPOINTING A COMM^ee TO RUN THE LINE BETWIXT DEDHAM 
& NEEDHAM. {Passed June 4. 

Rlfirds^of^the [Printed ivith resolves, orders, etc., ^'■granting lands, establishmg pre- 
councii, ix., cUiGts and parishes, and determining territorial boundaries. "'\ 



Post, chap. 93. 



CHAPTER 15 



ORDER IMPOWERING M" 



BILL TO MAKE SALE OF W* ROUSES LAND. 



Legislative 
Records of the 
Council, ix., 
383. 



Upon reading a Petition of Sarah Parker sole Executrix of Jane 
Hind late of Boston Widow Dec'^ Setting forth that the said Jane Hind 
by her last Will & Testament devised a certain Piece of Ground scit- 
uate near the North Meeting House in Boston, Containing about twenty 
Feet in Front & forty two Feet in Depth to & among her Children & 
Grand Children mentioned in the said AVill, & particularly one sixth 



[1st Sess.] Province Laws (^Resolves, etc.). — 1714. 353 

Part thereof to her Grand son William Rouse who is since dead leav- 
ing Issue two Sons named Joseph & AVilliam, being Minors within 
Age, the said Land lying vacant & wholly unimproved, Praying that 
the Petitioner or some other Person may be impowered to make Sale 
of the sixth Part of the said Land belonging to the said Orphans & 
the Money secured for their Benefit, 

Ordered that the Prayer of the Petition be granted & that M' 
Bill the Grand-father of the Children be impowered to make Sale of the 
sixth Part of the Land mentioned in the Petition, Who shall accompt 
with the Judge of Probates for the Improvement of it. \_Passed June 4. 



CHAPTER 16. 

ORDER OF HEARING ON MIDDLEBORO PROPRIETORS PETITION FOE, 
CONFIRMATION OF PURCHASE OF LAND. 

Upon reading a Petition of Jacob Thomson & others Agents for the Legislative 
Proprietors of the Sixteen Shilling Purchase so called in Middleboro, councn^ ix."^'^ 
Praying a Confirmation of Lands purchased of the Indian Sachems native 3S3. 
Proprietors & Inhabitants within the Township of Middleborough ; 

Ordered that the Petitioners Cause the Select Men of Tiverton & 
Rochester to be served respectively with a Copy of this Petition, And 
that they be heard before this Court on the second Wednesday of the 
next Sessions, If any Thing they have to say Why the Prayer thereof 
should not be granted : The Clerks of the Proprietors in the said Town 
to be also notified. \^Passed June 5. 



CHAPTER 17. 

ORDER GRANTING A CONTINUANCE OF THE LOAN TO THO : FITCH &c. 

Upon reading a Petition of Thomas Fitch Nath" Carey Charles Legislative 
Chambers Sam" Greenwood & Oliver Noyes, Praying a longer Con- coundf ix.*^^ 
tinuance for one Year more of the Sum of Three Thousand Eight 384. 
Hundred & twelve Pounds eight Shillings & seven Pence of the Loan Pos^ chap. 3i. 
for the Setting forth the Intended Expedition to Canada : 

Ordered that the Prayer of the Petition be granted. \_Passed June 8. 



CHAPTER 18. 

ORDER ON BENJ* CHURCH'S PETITION ALLEGING CORRUPT PRACTICE 
OF A JURY IN A CAUSE IN WHICH HE WAS VOUCHED TO WARRANTY. 

Upon reading a Memorial & Petition of Benj^ Church of Bristol Legislative 
relating to the irregular or corrupt Practice of the Juiy in a Tr3\il councii%x.,^ ^ 

before the Superiour Court of Judicature held at Bristol in September '^^ 

last, between Constant Church AppelP from the Judgem' of an Infe- 
riour Court of Common Pleas & Francis Braiton Defend' relating to 
Title of Land lying in Tiverton the Memorialist being vouch'd in War- 
rantee of the said Land ; 

Ordered that the Petitioner present his Complaint to her Majesties 
Justices of the Superiour Court of Judicature to sit in Bristol, of the 



354 



Province Laws {Resolves, etc.). — 1714. [Chaps. 19-21.] 



irregular or corrupt Practice of the Jury & that the Justices enquire 
thereof, And if they be convict of any indirect or corrupt Practice, that 
they animadvert upon them according to Law, If not the Petitioner to 
pay double Costs ; And that the Petitioner then apply to this Court for 
Relief. [Passed Jane 8. 



CHAPTER 19. 

ORDER OF CONFIRMATION TO WIGGLESWORTH SWEETSER & UXOR OF 

TITLE TO LAND. 



Legislative 
Records of the 
Council, ix., 
385. 



Upon reading a Petition of Wigglesworth Sweetser & Ursula his Wife 
only Daughter & only Child of John Cole of Charlestown Mariner Dec'^ 
Praying a Confirmation of Three Hundred Acres of Land granted by 
Deed to her said Father Cole by John Wampas alias John White, Parcel 
of a large undivided & unimproved Tract of Land belonging to the said 
Wampas alias White lying within the Jurisdiction of this Government ; 

Ordered that the Three Hundred Acres of Land petitioned for be 
confirmed to the Petitioners, Provided that it be not contained in any 
former Grant. [Passed June 8. 



CHAPTEE 20. 



Legislative 
Records of the 
Council, ix., 
386. 



RESOLVE ALLOWING £.22, TO JN" STAGPOLE. 

Upon the Petition of John Stagpole late a Soldier at Winter Harbour 
Fort taken & held Prisoner by the Indians for the Space of Nineteen ^ 
Months ; Viz, 

Resolved that the Sum of Twenty two Pounds be allowed & paid 
out of the publick Treasury to John Stagpole the Petitiouer. \_Passed 
June 8. 



CHAPTER 21. 



ORDER ACCEPTING THE COMM^ees REPORT OF UNSERVICEABLE BILLS 
IN YE TREASURY; COMM'^ee to PROCEED TO BURNING OF THE BILLS. 



Legislative 
Records of the 
Council, ix., 
386. 

Pos<, chap. 22. 



The Committee in Obedience to the Order of Court have taken an 
Accompt of the unsei-viceable Bills of Credit in the Treasury as well 
those of the Province as the Loan Money, As per the annex'd Accompts 
more particularly appears ; And the said Bills are bundled up ready for 
Burning, Viz, 



On Accompt of the Province 
Advance at 5. F Cent. 
On Accompt of the Loan 



£.13499. 19. 10^. 
675. -. li 
3322. 11. 6. 



£.17497. 11. 6. 

In the Whole amounts to the Sum of Seventeen Thousand four Hun- 
dred ninety seven Pounds eleven Shillings & six Pence. 



John Watson 
Jer. Allen. 
Edw" Hutchinson 
W" Denison 



Tho : Hutchinson 
Oliver Noyes. 
El" Hutchinson 
Addin : Davenport 



1 "Thirteen" in the State Library copy. Legislative Records of the Council, ix., 331; 
but the entry in the Executive Records of the Council, vi., 226, agrees with the text. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1714. 



355 



The afore going Report of the Comra"^*' Read & Accepted, and 
Ordered that the same Committee forthwith proceed to the Burning 
of the Bills therein mentioned amounting with the Advance to the Sum 
of Seventeen Thousand four Hundred ninety seven Pounds eleven Shil- 
lings & six Pence. [^Passed June 9. 



CHAPTER 22. 

ORDER ACCEPTING THE COMMITTEE'S REPORT THAT £.17497;, 11 „ 6, IN 
BILLS HAVE BEEN BURNT. 



The Report of the Comm'^^ appointed to see the Burning of y" un- 
serviceable Bills ; Viz, Accompt of Bills of Credit torn & unserviceable, 
taken at the Treasury 



£. S. D. 







. 10. 


-• 


." lo! 


-• 


. 5. 


_. 


. 4. 


_. 


. 3. 


6. 


. 3. 


-, 


. 2. 


6. 


. 2. 


-. 



ills 1 Parcel 


q' 5 Bills 


1 Ditto 


qt 4 


3 Ditto 


300 


30 Ditto 


2828. 


30 Ditto 


2842; 


53 Ditto 


5170: 


30 Ditto 


2874 


11 Ditto 


1019i 


13 Ditto 


1222| 


8 Ditto 


720 


18 Ditto 


1737i 


17 Ditto 


1673^ 



£.25. -. 

12. -. 

750. -. 

5656. -. 

2842. 15. 

2585. 7. 

718. 10. 

203. 17. 

213. 19. 

108. -. 

217. 3. 

167. 7. 



Legislative 
Records of tbe 
Council, ix., 

387. 

Ante, chap. 21. 
Post, chap. 47. 



7i 



Advance at 5 'P Cent 



£.13499. 19. 10^. 
675. -. I.J. 

£.14175. -. -. 



Amounting in the Whole to Fourteen Thous*^ one Hundred &, seventy 
five Pounds. 

Of the Loan Bills 



£. 


S. D. 










-. 


4. -. 1 Parcel Q< 87 Bills . . . 


17. 


8. -. 






2. 


10. -. 1 Ditto 10^ ... 


26. 


5. -. 






3. 


-. -. 4 Ditto 426 ... 


. ■ . 1278. 


_. _. 






5. 


-. -. 4 Ditto 400 ... 


. 2000. 


_. _. 














£.3321. 13. 


_. 




In Parts of Bills : Viz, two 5/. . 


. 


10. -. 1 








two 2/. . 


. 


4. -. 


18. 


6. 




1 3/C. 


. 


2. Ih ■ 




,i . 2/6. 




1. io| 








£.3322. 11. 


6. 



Amounting in the "Whole to the Sum of Three Thousand three Hun- 
dred twenty two Pounds eleven Shillings & six Pence 

The Committee have attended the Order of Court by Causing all the 
Bills of Credit within mentioned to be put into a convenient Oven & 
there consumed to Ashes ; The Whole Sum being Seventeen Thousand 
four Hundred ninety seven Pounds Eleven Shillings & six Pence. 
Jer. Allen. Oliver Notes 

Edw" Hutchinson El" Hutchinson 

John Watson. Addin : Davenport 

■ Tho. Hutchinson 

The afore-going Report of the Committee Read & Accepted, And 

Ordered that the Treasurer be discharged of the Sum of Fourteen 

Thousand one Hundred & seventy five Pounds of the Bills of Publick 

Credit therein mentioned belonging to the Province Accompt; The 

Remaining Three Thousand three Hundred twenty two Pounds eleven 



356 



Province Laavs {Resolves, etc.). — 1714. [Chaps. 23-26.] 



Shillings & six Pence belonging to the Aceompt of the Loan made for 
the Service of the last design'd Expedition against Canada. \_Passed 
June 10. 



CHAPTER 23. 

Legislative ORDER ON BRINFIELD PETITION FOR GRANT OF LAND. {Passed Jwie 10. 
Records ot the 
Council, ix., 

st^teT^'f'' ' [^Printed loitJi resolves., orders^ etc., ^'■granting lands, establishing pre- 
ix'., 334. ' ' cincts and 2)arishes, and determining territorial houndaries.^''\ 



CHAPTER 24. 

ORDER IN REGARD TO THE PROFITS OF THE FERRY BETWEEN NEW- 
BURY AND HAVERHILL. 



Legislative 
Records of the 
Council, ix., 
389. 



In Answer to the Petition of the Select Men of Newbury Praying 
that the Profits of the Ferry lately granted b}^ the Gen'^ Sessions of 
the Peace to be kept over Merimack River above Holts Rocks between 
Newbury and Haverhill may be settled upon the Town of Newbury ; 

Ordered that there be a Ferry stated over Merimack River in the 
Place mentioned in the Petition, the Profits of the said Ferry to be 
to the Towns of Newbury & Haverhill in equal Proportion ; this Grant 
being limited for y^ Space of forty Years next coming. \_Passed 
June 10. 



CHAPTER 25. 



Legislative 
Records of the 
Council, ix., 
390. 



RESOLVE ALLOWING £.20, TO JOS. METCALF. 

In Answer to the Petition of M^ Joseph Metcalf Minister of Fal- 
mouth in Consideration of the extraordinary Frowns of Heaven by 
Worms & Drought on the Labours of the Town whereby they have 
been disabled from Affording a necessary Maintenance to the Peti- 
tioner ; 

Resolved that the Sum of Twenty Pounds be allowed & paid out 
of the publick Treasury to M"" Joseph Metcalf the Petitioner, towards 
Retrieving his present low Circumstances. [^Passed June 11. 



CHAPTER 26. 



Legislative 
Records of the 
Council, ix., 
390. 

Boston Town 
Records, 1700- 
17'28, pp. 101, 
102. Records 
of Boston 
Sele(;tmen, 
1701-1715, 
p. 207. 



RESOLVE GRANTING £.235,, 14 „ 8, LOAN TO THE TOWN OF BOSTON. 

A Motion being made by a Vote of the Select Men of the Town of 
Boston in Writing that the Sum of Two Hundred thirty five Pounds 
fourteen Shillings & eight Pence may be lent them out of the publick 
Treasury untill the last Day of February next, W"'' they want to fur- 
nish their Quota for the F[ini]shing^ the Building the House for the 
publick Service of the Province, County & Town in Boston ; The Tax 
of y*^ said Town not being to be collected & had seasonably for that 
Service ; 

Resolved that the Treasurer be directed to supply the Treasurer of 
the Town of Boston with the Sum of Two Hundred thirty five Pounds 

I MS. mutilated. 



[1st Sess.] Province Laws {Besolves, etc.). — 1714. 357 

fourteen Shillings & eight Pence in the publick Bills of Credit for the 
Use above express'd, Taking good & sufficient Security for the Repay- 
ing of the said Sum into the Treasury again on or before the last Day 
of February next. [Passed June 11. 



CHAPTER 27. 

REPORT ACCEPTING THE COMMITTEE'S REPORT ON THE SURVEY OF 
ROCHESTER WEST LINE. [PassedJune 11. 

\_Printed loitli resolves., orders, etc., ^^ granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ coundf, i'x.!'^^ 

390. 



CHAPTER 28. 

VOTE ACCEPTING THE SURVEY OF LAND LAID OUT TO EL. HUTCHIN- 
SON & IS-^ ADDINGTON AND CONFIRMING TITLE TO THEM. [Passed 
June 12. 

[^Printed loith resolves, orders, etc., '-''granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries."^ Couudf.ix.l^^ 

388. Maps and 
Plans, iv., 16. 



CHAPTER 29. 

VOTE FOR GIVING TO MARY THOMPSON A £.3, BILL FOR A TORN ONE. 

Voted That the Treasurer be directed to receive the two Pieces of Legislative 
a Three Pound Bill of Credit on this Province annexed unto this Order cquncir.ix.! * 
of Mary Thomson of Boston & give her a whole Three Pound Bill or 
the Value of it in other Bills for them. [^Passed June 12. 



391. 



CHAPTER 30. 

VOTE ACCEPTING THE COMMITTEE'S REPORT IN REGARD TO A NEW 
PRECINCT IN NEWTON. [Passed June 12. 

[^Printed ivith resolves, orders, etc., ^^ granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial boundaries. "'\ councif ix.**^^ 

391. 



Ante, chap. 10. 



CHAPTER 31. 

ORD" FOR CONTINUING PART OF THE LOAN. 

Upon reading a Petition of Jeremiah Dummer Esq"" & others Mer- Legislative 
chants & Traders in this Province, Praying further Favour & Forbear- councif ix *'^^ 
ance & Continuation of the Loan of Two Thirds of the remaining out 39-2. 
standing Half of the Bills of Credit for one Year more upon their Pay- ^n<e,chap.i7. 
ing in one Third Part of the said Half, W'^ will be the Sum of £.QQ^Q. ^<'«^ chap. 32. 
13. 4. 



358 



Province Laws {Resolves, etc.). — 1714. [Chaps. 32-34.] 



Ordered that the Prayer of the Petition be granted, And that Two 
Thirds of the Bills out standing in the Hands of the Petitioners be lent 
to them for one Year more, upon their Paying in the other Third Part ; 
And that the Committee which this Court imployed to lend out the Bills 
& take Security for their Repayment be again revived & impowered to 
review & consider the Bonds & Security given for the same. As well 
those on which the After Ten Thousand Pouixls Loan was issued, as 
those which this Petition refers to, And that such of the Bonds wherein 
any of the Obligors are dead, removed out of the Province or by adverse 
Providence considerably impaired in Estate, or neglect to pay in the 
said one Third Part or wherein the Securities refuse to continue so, be 
sued out when due, Unless other & further sufficient Security be given 
to the Satisfaction of the Committee ; The Obligors to pay the Comm'^^ 
for their Trouble. \_Passed June 14. 



CHAPTEK 32. 



ORDER GRANTING TO JN^ BORLAND A CONTINUATION OF HIS LOAN. 



Legislative 
Records of the 
Council, ix., 
393. 

Ante, chap. 31. 
Post, chap. 33. 



Upon reading a Petition of M'' John Borland Merch' Praying Respite 
of one Years Time longer, for his Paying in the Sum of Nine Hundred 
eight}^ one Pounds five Shillings & three Pence, Part of the Loan of 
the Publick Bills of Credit by him received out of her Majesties Treas- 
ury of this Province 

Oi'dered that the Prayer of the Petition be granted. \_Pas8ed June 14. 



CHAPTER 33. 



ORDER GRANTING TO AND. & JON^ BELCHER A CONTINUATION OF 

THEIR LOAN. 



Legislative 
Records of the 
Council, ix., 
393. 

Ante, chap. 32. 
Post, chap. 35. 



Upon reading a Petition of Messieurs Andrew & Jonathan Belcher 
Merchants relating to the Canada Expedition, that they have advanced 
more than the Loan they have had from the Province, And there being 
still due from them £.1400 : per their Bond to the Treasurer payable the 
18"^ of July next Praying the Continuance of the said Sum upon Loan 
for three Years still to come, as others have had for three Years past ; 

Ordered that the Prayer of the Petition be so far granted that the 
Fourteen Hundred Pounds therein mentioned be lent the Petitioners 
for one Year longer. \^Passed June 14. 



CHAPTER 34. 



VOTE ACCEPTING THE COMMITTEE'S REPORT ON THE PARTITION LINE 
BETWIXT THIS PROVINCE & CONNECTICUTT ON THE WEST SIDE OF 
THE RIVER. [Passed June 15. 

Records "^of the {^Printed with resolves, orders, etc., '•'• granting lands, establishing pre- 
councii,ix., cincts and parishes, and determining territorial boundaries."^ 



Post, chap. 38. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1714. 359 

CHAPTER 35. 

ORDER GRANTING A CONTINUANCE OF THE LOAN TO NATH^- HENCHMAN. 

Upon reading a Petition of Nath" Henchman Merch' Praying Respite Legislative 
of one Years Time longer for his Pajnng in y"" Sum of Fourteen Hun- coimdi^, ix.^*^^ 

dred Pounds Part of y" Loan of the publick Bills of Credit by him rec*^ '^^ 

out of her Maj'*^^ Treasury of this Province ^H<e, chap. 33. 

Ordered that the Prayer of y'^ Petition be Granted. \_Passed June 15. ^''''^' ''^''p- **^- 



CHAPTER 36. 

ORDER SUSPENDING AN EXECUTION UPON LAND OF JARED TALBOT. 

Upon a Petition presented by Cpt. Jared Talbot, who purchased of r^?^®!?*^*^! tii 
Nathaniel Halloway & Timothy Halloway of Taunton a certain Tract council, ix., 

or Parcel of Land lying in Taunton (since Dighton) delivered to them ^^ 

by Execution for Satisfaction of a Judgement recovered by them against 
Nicholas Moorey & Josiah Winslow both of Freetown, Setting forth. 
That the said Moorey complaining to this Court in October last of the 
Mislaying of the Execution, the whole Damage being levied on his Land 
being but a joint Party The Court were pleased to order that the Laud 
so unduly & unjustly taken & levied be subjected in the Law to the 
Arrest of the Complainant upon a AVritt of Review for a new Tryal 
of the Cause, the Alienation thereof notwithstanding. And upon his 
Recovery thereof the. Lands to be restored to him again &c : And 

further that the said Halloways have recovered Judgement against the 
Petitioner for the Sum of Eighty Pounds six Shillings & six Pence upon 
a Bond given them for so much in Part Payment for the said Lancl, & 
taken out Execution on the Judgement, which lies in the Hand of the 
Sheriff, Praying that the Levying the said Execution obtained by the said 
Halloways Vendors of the said Land maj' be suspended uutill the Issue 
of the said Mooreys Suit upon a new Tryal &c. 

Ordered that the Prayer of the Petition be granted, And the Lev}'- 
ing the said Execution therein mentiou'd be suspended accordingly. 
\_Passed June 16. 



CHAPTER 37. 

ORDER ON NATH'-i- AYERS'S PETITION FOR RELIEF AGAINST A JUDG- 
MENT BY DEFAULT. 

Upon reading a Petition of Nathaniel Ayers of Boston Black Smith ^^^®'^!'^f mj 
Praying Relief against a Judgement obtained against him by Default council, ix., 

at the last Inf eriour Court of Common Pleas held at Boston at the Suit ^^ 

of Matthew Vibert for Seventy five Pounds seven Shillings & nine Pence 
to his very great Surprize, the said Vibert promising him not to Enter 
or proceed in the said Suit, And the Justices of the said Court having 
reported their Opinion, that the Petitioner be relieved & that in the 
mean Time Execution on the Judgement by Default be stayed ; 

Ordered that the Action be heard at the next Inf eriour Court of Com- 
mon Pleas to be held for the Couuty of Suffolk as to the Merit of the 
Cause upon the former "Writt, the Default notwithstanding, the Peti- 



360 



Province Laws {Resolves, etc.). — 1714. [Chaps. 38-40.] 



tioner serving the Plaintiff with a Copy of this Order seven Days before 
the said Courts Sitting And that Execution upon the Judgement by 
Default be stayed until this Tryal be over. \_Passed June 1 6. 



CHAPTER 38. 



ORDER ALLOWING £.41,, 16,, 4, TO W^ DUDLEY &c FOR THEIR SERVICE 
&c. ABOUT THE LINE. 



Legislative 
Records of the 
CouncU, ix., 
397. 

Ante, chap. 34. 



[Upon] An Accompt of William Dudley Esq"^ in Behalf of him self 
& other the Commissioners for Running the Partitition ^ Line between 
this Province & the Colony of Connecticut for their Charge & Expence 
in that Service & Allowance for their Time, Amounting to sixty one 
Pounds six shillings & four pence ; 

Resolved that the Sum of Forty one Pounds sixteen Shillings & four 
Pence be allowed & paid out of the publick Treasury to discharge the 
said Accompt. \_Passed June 17. 



CHAPTER 39. 



Legislative 
Records of the 
Council, ix., 
397. 



RESOLVE FOR PROVIDING £.300, STERL. FOR M" AGENT DUMMER. 

Resolved that the Treasurer be directed to purchase good Bills of 
Exchange for Three Hundred Pounds Sterling to be paid to M"" Jere- 
miah Dummer in London Agent for this Province further to enable 
him to negotiate the Affairs thereof. \_Passed June 17. 



CHAPTER 40. 



Legislative 
Records of the 
Council, ix., 
398. 

Post, chap. 107. 
Legislative 
Records of the 
Council, ix., 
377. Executive 
Records of the 
Council, vi., 
227. 



VOTE FOR AN INTERVIEW WITH THE EASTERN INDIANS. 

Upon a Message from the Hon'''^ Board relating to his Excys. Visit- 
ing the Eastern Indians ; 

Voted that it is the Opinion of this House that his Excellencies Visit- 
ing the said Indians may be of good Service to confirm & steady them 
in their Obedience to her Majesty & Amity with her Majesties good 
Subjects 

That his Excellency be desired when he shall admit them to an Inter- 
view to let them know that this Government are forward to shew all 
proper Expressions of Friendship & Confidence in them, & therefore 
do not insist upon their being confined or Restrained from Visiting the 
Towns or Trading with any her Majesties good Subjects, as was men- 
tioned at the Pacification, but that they have free Liberty of Trade in 
any Part of the Province, Alwaies holding them selves under a due Reg- 
ulation & Order ; And that the Sum of Two Hundred Pounds be allowed 
&, paid out of the publick Treasury to defray the Charge of the Visit, 
And of such Gifts as his Excellency shall think proper to bestow upoa 
them. [Passed * June IS. 

> Sic. 



[1st Sess.] Province Laws (liesolves, etc.). — 1714. 361 



CHAPTER 41. 

VOTE ACCEPTING THE LEICESTER SURVEY & REPORT. {Passed June 19. Legislative 

Records of the 
Council, ix., 

[^Printed with resolves, orders, etc., ^^ granting lands, establishing j^re- ^ 

cincts and parishes, and determining territorial boundaries"! Maps and 

■^ ^ -^ Plans, iv., 17. 



CHAPTER 42. 



RESOLVE ALLOWING £.10, TO SERG'^ TUCKER. 



Upon reading a Petition of Serg' Daniel Tucker wounded in her Legislative 
Majesties Service & taken Prisoner by the Indians, Praying for some councif,ix.!'^^ 
Allowance. *oo. 



Resolved that the Sum of Ten Pounds be allowed & paid out of the Executive 
publick Treasury to Daniel Tucker the Petitioner in Consideration of councu,vL 
his Loss of Time «& his low Circumstances. \_Passed June 22. 202. 



CHAPTER 43. 

FURTHER ORDER FOR DISPOSAL OF THE LAW BOOKS. 

Ordered that each Member of this Court, that was not furnished with ^^f^^^^^^l.u 
a Law Book by Vertue of the Order of the Court the last Year be now council, ix., 

supplied with one at the Province Charge, And further that the Queens ^ . 

Attorney the Clerk of the Superiour Court & Clerk of each Inferiour 
Court of Common Pleas be furnished with a Law Book for the Use of 
the Court. [Passed June 22. 



CHAPTER 44. 

RESOLVE ALLOWING £.20, TO THE MINISTRY IN FREETOWN. Legislative 

Records of the 
Council, ix., 

Resolved that the Sum of Twenty Pounds be allowed & paid out of 400^ 

the publick Treasury towards the Maintenance of the Ministry at Free- Legislative 
town. [Passed June 22. CoundUx.!'' 

390. 



CHAPTER 45. 

RESOLVE ALLOWING £.10 TO SAMi-i- BILL. plfords'of the 

Council, ix., 

Resolved that the Sum of Ten Pounds be allowed & paid out of the 4oa 



publick Treasury toM"" Samuel Bill in full Consideration of Damage l^^^f^^^^J^^^^j ^j^ 
set forth in his Petition.^ \ Parsed June 22. Council, vi., 

226. 
1 " July 8, 1714. To Samuel Bill the sum of Ten pounds in full consideration of his 
damage received in Spectacle Island by entertaining sick persons put on shear there by 
direction of the Government." — Executive Records of the Council, vi., 226. 



362 



Province JuA\\^ {Resolves, etc.). — 1714. [Chaps. 46-48.] 



CHAPTEE 46. 



Legislative 
Records of the 
Council, ix., 
400. 

^m<e, cliap.35. 
Post, chap. 99. 



ORDER FOR CONTINUING PENN TOWNSENDS LOAN. 

In Answer to the Petition of Penn Townsend Esq"" Praying the Con- 
tinuance for one Year longer of the Sum of One Hundred & five Pounds 
received by liim self & others concerned with him out of the Loan granted 
for the Supply of the late intended Expedition against Canada ; 

Ordered that the Loan prayed for be continued for one Year more, 
the Committee revived for that End to have Consideration of the Secu- 
rity, As has been this Session directed. [^Passed June 22. 



Xiegislative 
Records of the 
Council, ix., 
401. 

Ante, chap. 22. 
Post, chap. 72. 



CHAPTER 47. 

RESOLVE FOR EMITTING £.4000, IN BILLS OF CREDIT AND PROVIDING 
A FUND AS SECURITY.i 

Resolved that the Treasurer be & hereby is Directed & Impowered 
to Issue forth & Emit the Sum of Four Thousand Pounds of the Bills 
of Publick Credit on this Province that are or shall be received into 
the Publick Treasury for Payment of the publick Debts of the Prov- 
ince already contracted for the Defence & Support of the Government 
«fc the necessary Protection. & Preservation of the Inhabitants of this 
Province, & for the Subsisting such Forts & Garrisons as shall be now 
continued & Wages arising for their Service, for the Payment of Grants 
Salaries & Allowances made & to be made by this Court, according to 
such Draughts as from Time to Time shall be, made upon him by War- 
rant or Order of the Governour, by & with the Advice & Consent of 
the Council, And the said Bills shall pass out of the Treasury at the 
Value therein expressed equivalent to Money, And shall be so accepted 
in all pnblick Payments 

And as a Fund & Security for the same. There be & hereby is granted 
to her most Excellent Majesty to the Ends & Uses afore said a Tax of 
Four Thousand Pounds to be levied upon Polls & Estates both Real & 
Personal within this Province, according to such Rules & in such Pro- 
portion upon the several Towns & Districts within the same as shall 
be Agreed on & Ordered by the Great & General Court or Assembly 
of this Province at their Session in May Anno 1720: To be paid into 
the Treasury at or before the last Day of December next after. \_Pasiied 
June 22. 



CHAPTER 48. 



ORDER OF CONFIRMATION OF SALE OF LANDS TO JOHN ELLIOTT. 

{Passed June 22. 

Records 'of the \_Printed ivith resolves, orders, etc., '■'■granting lands, establishing pre- 
Cmmcii, ix., cincts and jmrishes, and, determining territorial boundaries. "'\ 

1 Printed in the notes to the Acts for the year 1714, Province Laws, i., 752. 



[1st Sess.] Province Laws {Resolves, etc.). — 1714. 363 



CHAPTER 49. 

VOTE ALLOWING THE PROV. TREASR ACC" & DISCHARGING THE TREAS- 
URER. 

The Accompts of M' James Taylour Treasurer & Receiver Gen^ of i^?'®,'^*^'^"! 
this Proviuce, beginning the twenty Ninth Day of May 1713. And con- council, ix., 

tinned to the thirty first of May 1714. Amounting unto the Sum of Fifty ^ 

one Thousand & sixty two Pounds six Shillings & one Penny, Having ^j!^?,^j 
been presented & laid before the House of Representatives &, inspected cxxu., 413-437. 
by said House, By which it appears there was standing out the said 
thirty first of May Eleven Thousand three Hundred & twenty seven 
Pounds four Shillings & eight Pence of the Taxes, & also of the Duties 
of Impost &c as by Accompt received from ]\P Daniel Russel Commis- 
sioner, Two Thousand & forty seven Pounds Eighteen Shillings & three 
Pence to be drawn into the Treasury & further to be accompted for ; 

Voted that the said Accompts in the several Articles of Receipts & 
Payments therein mentioned. Amounting unto the Sum of Thirty one 
Thousand «fe sixty nine Pounds nine Shillings & nine Pence be & hereby 
are approved & allowed of, And the said Treasurer is hereb}' discharged 
of the said Sum of Thirty one Thousand & sixty nine Pounds nine Shil- 
lings & nine Pence. \_Passed June 22. 



CHAPTER 50. 

VOTE ALLOWING THE PLIM"^ CO. TREAS" ACC^. 

The Accompt of John Dyer Treasurer for the County of Plimouth of R*'^*r|s'^f the 
two several Taxes of ninety Pounds & One Hundred & twenty Pounds Council, ix.. 
Allowed by the Represenf^^ '^ 

Voted a Concurrence. \^Passed June 22. 



CHAPTER 51. 

VOTE ALLOWING THE BARNSTABLE CO TREAS^ ACC«. 

The Accompt of John Otis Esq"" Treasurer for the County of Barn- Legislative 
stable, Amounting to One Hundred & fifty two Pounds thirteen Shillings Records of the 
& two Pence Settled by the Justices of the Court of Gen" Sessions : 402. 
Allowed by the Represent'"'^ . ' 

Voted a Concurrence. [^Passed June 22. 



CHAPTER 52. 

ORDER APPOINTING A COMMITTEE TO MAKE A REGISTER OF LOTS &c. 
GRANTED TO THE FIRST SETTLERS IN BROOKFIELD. 

In- Answer to a Petition of Thomas Ayres &c Sons of John Ayers Legislative 
some Time of Quaboag alias Brookfield diverse Years since Deceased, ^unctf 'ix*'^^ 
Praying that the present Committee or some other may be Ordered to 402. 



364 



Province Laws (^Resolves, etc.). — 1714. [Chaps. 53-56. J 



make Inquiry & Cause a Register to be made of the several LfOts, Rights. 
& Proprieties of Land within the said Plantation granted to the first & 
ancient Settlers & others to be Enter'd in a Book for that Purpose : 

Ordered that the Prayer of the Petition be Granted & that Samuel Pat- 
ridge Esq"" & others the present Committee for Brookfield be directed 
& impowered to make Inquiry & Cause a Register to be made of the 
Lots Rights & Properties of Land within the s^ Plantation granted to 
the first & ancient Settlers & others, particularly of a Grrant made to 
M"" Phillips some Time Minister of the said Place, & Make Report 
to this Court ; And the Committee to take Care that Provision be 
made for the Payment of M"' John James late Minister of Brookfield 
during his Continuance there. \_Passed Jane 22. 



CHAPTER 53 



RESOLVE ALLOWING £.2„ 2, TO CPT. BANE. 



Legislative 
Records of the 
Council, is., 
402. 



Resolved that the Sum of Forty two Shillings ^ be allowed & paid out 
of the publick Treasury to Cpt. Lewis Bane for the six Pair of Snow 
Shooes mentioned in his Accompt presented. \_Passed June 22. 



CHAPTER 54. 

ORDER FOR VICTUALLING CASTLE W*' GARRISON AT 4/8, V MAN ^ 

WEEK. 



Legislative 
Records of the 
Council, ix., 
403. 



In Answer to a Memorial presented by Zechariah Tuthill, Victualler 
to her Majesties Castle William ; 

Ordered that the Memorialist be allowed four Shillings & eight Pence 
per Man per Week, for Victualling the Garson at her Majesties Castle 
William untill the second Day of January next. \^Passed June 22. 



CHAPTER 55. 



RESOLVE ALLOWING £.250, TO HIS EXCY. 



Resolved that the Sum of Two Hundred & fifty Pounds be allowed 
& paid out of the publick Treasury to his Excellency Joseph Dudley 
Esq' Captain General & Govern"' in Chief of this her Majesties Prov- 
Pos<, chap. 104. ince for his Support in Managing the Affairs of the Governm'. [Passed 
June 22. 



Legislative 
Records of the 
Council, ix., 
403. 



CHAPTER 56. 



RESOLVE ALLOWING £.50, TO HIS HON« THE L^ GOV«. 



Legislative 
Records of the 
Council, ix., 
403. 



Resolved that the Sum of Fifty Pounds be allowed & paid out of the 
publick Treasury to the Hon'''*' William Taller Esq' Lieutenant Govern' 
in Consideration of his Readiness at all Times to serve this Province. 
[Passed June 22. 

» In the State Library copy, Legislative Records of the Council, ix., 345, the sum is 
stated to be forty shillings. 



[1st Sess.] PiioviNCE Laws (^Besolves, etc.). — 1714. 365 

CHAPTER 57. 

RESOLVE ALLOWING £.250, TO THE JUDGES, 

Eesolved that the Sum of Two Hundred & fifty Pounds be allowed ^|fifd\"^f%i,e 
<fe paid out of the publick Treasury to the Hon'''" the Judges of the Council, ix., 

Superiour Court in Proportion to the Courts they ^ attended the Year '^ 

past. \_Passed June 22. ' Dirryl'm., 6. 



CHAPTER 58. 

RESOLVE ALLOWING £.225, TO M" TREAS« TAYLOUR. 

Eesolved that the Sum of Two Hundred & twenty five Pounds be Legislative 
allow'd & paid out of the publick Treasury to M' James Taylour for counciUx.! 

his Service as Treasurer of this Province the Year past, And that the ^ 

Thanks of this Court be given to him for his faithful Service in that 
important Trust for several Years past. \^Passed June 22. 



CHAPTER 59. 

RESOLVE ALLOWING £.20, TO M« JOHN WHITE. 



Eesolved that the Sum of Twenty Pounds be allowed & paid^out of ^|f^^|f*'^f%he 
e publick Treasury to M' John White Clerk of f " " 
his Service the Year Currant. [^Passed June 22. 



the publick Treasury to M' John White Clerk of this House in Part for Council, ix.. 



Post, ohap. 106. 



CHAPTER 60. 

RESOLVE ALLOWING £.10, TO JN*^ CAMPHEL. 



In Answer to the Petition of John Camphel Deputy Post Master Legislative 

/-^ u 1} -KT T-1 1 T Records of the 

Gen" of New England ; Council, ix., 

Eesolved that the Sum of Ten Pounds be allowed & paid out of the ^ 



nublick Treasury to John Camphel the Petitioner in full for the Post- Legislative 

^-r^ii-iy^j r rt 1 T oo Records of the 

age of Publick Letters. \_Passed June 2d. Council, ix.. 



390. 



CHAPTER 61. 

ORDER APPOINTING A COMMITTEE ON FRAMINGHAM PETITION FOR 
GRANT OF LAND. [Passed June 24. 

[Printed loith resolves, orders, etc., ^'- qr anting lands, establishing pre- Legislative 

. L ■ -, 1 J. • • \ u ■ i\ J • >Ji Records of the 

cmcts and parishes, arid determining territorial boundaries. J council, ix., 

404. 



366 



Pkovince Laws {Resolves, etc.). — 1714. [Chaps. 62-65.} 



CHAPTEK 62. 



ORDER OF CONFIRMATION OF TITLE TO LAND TO JOS. BUCKMINSTER. 



Legislative 
Records of the 
Council, ix., 
405. 



In Answer to the Petition of Joseph Buekmiuster of Framingham 
Esq'' for Confirmation of a certain Tract of Three Hundred Acres of 
Land protracted & laid out by an able Surveyour in a Place free from 
all other Grants lying between the Towns of Framingham & Mendon 
upon a Grant made to M"" Thomas Mahew in the Year 1643 : purchased 
by the Petitioner of those deriviug from the said M' Mahew, A Plat 
thereof being laid before this Court, 

Ordered that the Prayer of the Petition be granted. Provided the 
Plat exceed not the Quantity of the Grant nor interfere with any- 
former Grant. [^Passed June 24. 



CHAPTER 63. 



RESOLVE ALLOWING £.5, FOR THO. ONCUNCANUG A BLIND INDIAN. 



Legislative 
Records ol tlie 
Council, ix., 
405. 

Legislative 
Records of the 
Council, ix., 
390. 



In Answer to a Petition of Roger Billing & others on Behalf of 
Thomas Oncuncanug for some Relief for him ; 

Resolved that the Sum of Five Pounds be allowed & paid out of the 
publick Treasury to Roger Billing the Petitioner to be by him improved 
in the best Manner he can for the necessary Relief & Suppl}^ of the 
blind Indian in whose Behalf the Petition is made. \^Passed June 24. 



CHAPTER 64. 



RESOLVE ALLOWING £.10, TO DUNSTABLE FOR THE MINISTRY. 

R^fords^of the Resolved that the Sum of Ten Pounds be allowed & paid out of the 
Council, ix., Publick Treasury towards the Maintenance of the Ministry at Dunstable 
for this Year. [^Passed June 24. 



405 



CHAPTER 65. 



RESOLVE ALLOWING £.10, TO JA. MAXWELL. 



Legislative 
Records of the 
Council, ix., 
406. 



Resolved that the Sum of Ten Pounds be allowed & paid out of the 
publick Treasury to M^ James Maxwell for what Attendance he has been 
able to give in his reduced Age, as Door keeper to his Excellency the 
Post, chap. 108. (^oyern' & this Court the Year past. [Passed June 25. 



[1st Sess.] Province Laws {Resolves, etc.). — 1714. 367 



CHAPTER 66. 

RESOLVE FURTHER ALLOWING £.20, TO SAM'-'- MAXWELL. 

Resolved that the Sum of Twenty Pounds be further allowed & paid ^f^^rds"^^ the 
out of the publick Treasury to M' Samuel Maxwell to compleat the Council, ix., 

Sum of Forty Pounds for his Service as Door keeper the Year past to ^^ . 

his Excellency the Govern' & this Court. \_Passed June 25. 



CHAPTER 67. 

RESOLVE ALLOWING £.8„ 13 „ 6, TO SAM'-'' GERRISH. 

Resolved that the Sum of Eight Pounds thirteen Shillings & six ^ ^f^^^^Jf^he 
Pence be allowed & paid out of the publick Treasury to Samuel Ger- Council, ix., 

rish to discharge his xVccompt of Imprinting &, Making up M'' Dan- — 

forths Election Sermons. \_Fassed June 25. 



CHAPTER 68. 

ORDER APPOINTING A COMM^'^e FOR TRANSFER OF BOOKS &c. BELONG- 
ING TO THE TREASURY BECAUSE OF THE DEATH OF M« TREASURER 
TAYLOR. 

Ordered that Cpt. Oliver Noyes, Coll. Adam Winthrop, M' Edward ^|fj,'rdsofthe 
Hutchinson M'' John Ruck Cpt. Samuel Phips & M'' William Denison council, ix., 

be a Comm'^"^ to repair to the Treasurer & see the Province Bills of ^^1: 

Publick Credit, that are in the Keeping of the late Treasurer Taylour, 
& the Accompts & Books of the Treasury & what ever else are in his 
Hands belonging to the Province delivered to M"" Treasurer Allen & 
take his Receipt for them & return the same to this Court. \_Passed 
June 25. 

CHAPTER 69. 

ORDER STATING THE HOURS FOR KEEPING OPEN THE TREASURY. 

Ordered that the ordinary Hours of Attendance in the Treasury Legislative 
be from nine to twelve in the Fore Noon through out the Year, And coSncif,?x.!^^ 
from two to six in the After Noon except in the Winter Time, And 40"- 
then the Attendance to be in the After Noon from Two to Four. 
\_Passed June 25. 

CHAPTER 70. 

VOTE ACCEPTING THE WORCESTER COMM''''='= REPORT. 

The following Report of the Committee for Worcester, Accepted Legislative 
by the Representatives; Read & Concur'd ; Viz, Co^dMx^I''® 

The General Court having been pleased by their Order of the twenty 407. 
first of October last to constitute a Committee to receive Claims of 
such Persons as are interested in Worcester &, for resettling that 

1 "Three" in the State Library copy, Legislative Records of the Council, ix.. 349. 



368 Province Laws {Resolves, etc.). — 1714. [Chap. 70.] 

Town, The Committee do humbly lay before the Hou'''^ Court the Ac- 
count of what Progress they have made therein : After having posted 
up in this & other Towns printed Notifications for Persons concerned 
to bring in their Claims ; And having attended for four Months Time 
to receive the same, They made a Journey up thither, & allowed the 
Claims of all that appeared to be justly interested there ; And also 
admitted twenty eight Persons more to take up Lotts, some of Twenty 
some of Thirty & some of Forty Acres (as per Schedule hereunto an- 
nexed) upon Condition they paj^ twelve Pence an Acre for their Plant- 
ing Lotts only, towards the General Charge of Surveying & Laying out 
the Town, The old Inhabitants having formerly paid the same Sum And 
on Condition that in three Years from the Time each of them build on 
their said Lotts, & Occupy the same for three Years at least from the 
Time of their Building On Penalty that in Default thereof they forfeit 
their Lotts to be taken into the Hands of the Committee to be disposed 
of to others : Which Terms the new Grantees have readily consented 
to : Now in Order to accomodate the Community, And that Persons 
may sit down in Safety, The Committee humbly propose ; 1" That 
those Persons that come in upon old Claims may be under the same 
Obligations & Penalties to settle & inhabit as the new Grantees are, 
They having taken up their Lands on that Condition : 2*^'^ That those 
Persons, who by Purchase possess y* Eights of several Proprietors 
may be deemed so many Inhabitants & stand obliged to make so 
many several Settlements : 3*"^ Whereas there has been so many 
Months given for Persons to bring in their Claims, & all Endeavours 
used to get Information of former Rights, That the Persons now 
admitted may settle on any Place whereto no Claim doth now appear 
without being liable to be hereafter molested or ousted by any pre- 
tending to a Prior Right to the same, And if any Person shall here- 
after appear & make out his Claim to any Lands so settled upon, He 
shall instead thereof have so much as he can make out to be his Right 
in some other Land in the Town, No Person to be admitted to put in 
his Claim after the Expiration of three Years from this Time, Except 
Infants, Femes Covert, Persons non compos mentis. Imprisoned or in 
Captivity, Who shall be allowed three Years next after such Imper- 
fection removed to put in their Claims, the same Term of three Years 
to be allowed to Persons beyond Sea, Or that have an Estate in Rever- 
sion to any Lands there : 4"''^ That the old Claimers upon thirty Days 
Notice given them by the Surveyour appointed for the Town be obliged 
to show the Bounds of their Lots formerly laid out, or that otherwise, 
he the said Surveyour proceed to lay out Lots to the new Grantees, 
And what he shall do therein shall be valid: 6""'^^ That whereas they 
find the Direction of the General Court in the Year 1668. to the then 
Committee was to lay out two or three Hundred Acres of Land to the 
Common Wealth, they desire the Provision now made for the Ministry 
the first Minister & the School may be Accepted on that Accompt. 
And whereas the Committee have already spent so much Time in Sit- 
ting to receive Claims besides their Journey thither & have been con- 
siderably in Advance of Money, & also expect to have the Care & 
Trouble of said Town possibly for some Years, And they find the 
former Committee to have been interrested in fourteen fifteen & twenty 
Ten Acre Lots ; The several Persons admitted having already pitch'd 
upon the Places Avhere they design to sit down ; They pray there may 
be to each of them (the present Committee) a Forty Acre Lot granted 
(if the Hon''''^ Court shall see meet) to be laid out to them in the Town, 
where the}' can find a Place not taken up, together with a Right to 
Meadow & after Divisions to be laid out in the Land next adjoining 

1 Sic, for 5""'y. See State Library copy, Legislative Records of the Council, ix., 350. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1714. 369 

in Proportion with the other Proprietors, when such Proportion can 
be known : The Committee humbly submit their Proposals to the 

Consideration & Determination of this Hon''''^ Court for their further 
Direction : Sign'd ^ Order of the Comm"''' W'^ Tailer. 

Boston June 14. 1714. IFassed June 23. 



CHAPTER 71. 

ORDER IMPOWERING SAM^-i- BAILEY TO SELL LAND. 

In Answer to the Petition of Samuel Bailey, who intermarried with Legislative 
Deliverance the Daughter of John Smith some Time of Dorchester couuctf, ?x.*^^ 

Malster Dec** & Administrator de Bonis non cum Testamento annexo ^ 

of the said John Smith, Praying to be impowered to make Sale of 
some Rights & Divisions of undivided Out Lands of the said Smith 
in Dorchester for Discharge of a Debt to the Value of Fifty Pounds 
owing to him for the necessary Support Sickness, Nursing & P'uneraL 
Charges of Katheriue Relict Widow of the said John Smith Charles 
Davenport who intermarried with one other of the Daughters joining 
in the Petition : 

Ordered that the Petitioner Samuel Bailey and Charles Davenport 
be impowered to make Sale of the Lands petitioned for to the Value 
of Twenty seven Pounds one Shilling & one Penny, & to make & exe- 
cute good & sufficient Deed or Deeds of Sale for the same. The said 
Twenty seven Pounds one Shilling & one Peny to be to the Use of the 
said Bailey to discharge his Debt. [Passed June 25. 



CHAPTER 72. 

ORDER APPOINTING A COMMtee tO TAKE AN ACCO OF UNSERVICEABLE 
BILLS IN THE TREASURY & BURN THEM. 

The following Order pass'd in y^ House of Represent''^' Sent up Legislative 
for Concurrence, Viz, Coundi^ fx ^'^^ 

Whereas this Court have at their present Session Ordered the Call- 409, 
ing in & Exchanging of a large Sum of the Bills of publick Credit on ^n«e,chap.47. 
this Province, And many of the Bills that are paid into the Treasury ^^s^ ciiap. 77. 
are torn & defaced, W'' can be of no Use, but of some Hazzard to 
lodge long in the Treasury ; 

Ordered that Cpt. Oliver Noj'es, Coll. Adam Winthrop. M' William 
Denison M"" Edward Hutchinson & Cpt. Samuel Phips with such as the 
Hon'''^ Board shall appoint be a Committee, at any Time (between this 
Session & the Session of this Court in Ma}^ next) when the Treasurer 
shall have Two Thousand Pounds or more of Bills in the Treasury that 
are received in Exchange as afore said, or otherwise defaced &' unfit 
for Use at his Application to them, to take an Accompt of the Number 
of each of the Sorts of the said Bills & the Sum the whole amounts 
to & give the Treasurer Receipt for them, & burn the said Bills to 
Ashes, And make Report of their Doings to this Court as often as 
there shall be Opportunity, Whose Receipt shall be a Discharge to the 
Treasurer, equal to what the said Bills would have been if they had ; 

continued in his Hands. 



V 



370 Province Laws {Resolves, etc.). — 1714. [Chap. 73.] 

Eead & Conciir'd & Eliakim Hutchinson, Penn Townsend, Adding- 
ton Davenport & Thomas Hutchinson Esq" added to the Committee 
for the said Affair. [^Passed June 25. 



CHAPTEE 73. 

ORD'^ TO SURVEY A TRACT OF 6000 ACRES OF LAND GRANTED TO 
BRANTREY. [Passed June 25. 

Legisi^ative^^^ ^Printed with resolves, orders, etc., '^ granting lands, establishing j^re- 
councii, ix., ciiicts and parishes, and determining territorial boundaries."'] 

409. 



[3d Sess.] Province Laws (Hesolves, etc.). — 1714. 371 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twentieth Day of October, A.D. 1714.^ 



CHAPTER 74. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE FOR RUNNING THE Legislative 
LINE BETWIXT TRUROE & Y^ PROVINCE LANDS. [Passed October 21. counciftx*^^ 

418. 

[^Printed loith resolves, orders, etc., '■'■granting lands, establishing pre- ^nte, chap. 4. 
cincts and parishes, and determining territorial boundaries."!^ Poit,ch&^.is. 



CHAPTER 75. 

ORDER APPOINTING A COMM'^^e TO CONSIDER & REPORT ON THE UN- 
REASONABLE DUTIES DEMANDED AT NEW HAMPSHIRE. 

The following Order pass'd in the House of Representatives ; Viz, Legislative 

This House having received several Complaints of unreasonable conncif ix.*^* 
Duties demanded & extorted by the Government of New Hampshire 4i9. 
from the Vessels belonging to & loading in this Province, which trans- Post, chap. 101. 
port Lumber &c down Piscataqua River, W^^ the Complainants are 
ready to certify upon their Oaths ; 

Ordered that Cpt. Oliver Noyes, Coll. Adam Winthrop, Coll. Edmund 
Quincey, Coll. Sam" Thaxter, & M'' Edw** Hutchinson be a Committee 
to join with such as the Hon**'^ Board shall appoint to Consider & make 
Report what they think proper to be done to remove or remedy so 
grievous Impositions. 

Read & Concur'd, And Elisha Hutchinson, Penn Townsend & An- 
drew Belcher Esq" are joined of the Comm""* for the Affair aboves*^. 
[Passed October 22. , 



CHAPTER 7G. 

ORDER APPOINTING A COMMTee fOR WAYS & METHODS TO FACILITATE 

PAYMENTS. 

The FOLLOWING Order pass'd in the House of Representatives ; Viz, Legislative 
In Consideration of the low Circumstances of the Province & the councif,ix.* * 

Difficulty of Gathering the publick Taxes by Reason of the few pub- il^: 

lick Bills that are passing ; Ante, chap. 9. 

Ordered that Coll. Adam Winthrop, Cpt. Oliver Noyes Coll. Edmund °^ >c ap. . 

' This is the third session of the year. The second session lasted but four days (Sep- 
tember '29-October 2) , and contains no legislation proper. 



372 



Province Laws {Resolves, etc.). — 1714. [Chaps. 77-79.] 



Quincey, Coll. Sam" Thaxter, M'' Jonathan Eemington, Cpt. Sam" Phips 
& Daniel Parker Esq"" with such of the Hou'*''^ Board as shall be joined 
be a Committee, to Consider of proper Ways & Methods to facilitate 
Payments both publick & in Trade, And make their Report as Expe- 
ditiously as may be : Read & Concur'd, And Elisha Hutchinson 
& Sam" Sewall Esq" the Secfy. Andrew Belcher & Addington Daven- 
port Esq" named of the Committee for the Affair abovesaid. \_Passed 
October 22. 



Legislative 
Records of ttie 
Council, ix., 
421. 

^n<e, chap.72. 
Pos<,chap.98. 
Legislative 
Records of the 
Council, ix., 
419. 



CHAPTER 77. 

VOTE ACCEPTING REPORT OF THE COMMITTEE APPOINTED TO BURN 
UNSERVICEABLE BILLS. 

In Obedience to an Order of the Great & Gen" Court at their Ses- 
sion in May 26. 1714. Appointing us the Subscribers a Committee to 
take an Ace" of torn & defaced Bills of Credit &c. And We have 
accordingly received the several Bills mentioned on the other Side & 
above of M" Treasurer Allen, Amounting in the Whole to the Sum of 
Twelve Thousand «fe nine Pounds, eleven Shillings & nine Pence being 
Part of the Loan Money, as he informs us, «fc Caused them all to be 
burnt to Ashes this 12"" Day of October 1714. 

Edw"^ Hl'tchinson ^ Addin : Davenport 

Sam'-'' Phips. Tho : Hutchinson. 

Oliver Noyes El*' Hutchinson 

Adam Winthrop Penn Townsend 

The aforegoing Report of the Committee ; Read & Accepted & 
Ordered That the Treasurer be discharged of the above Sum of 

Twelve Thousand & nine Pounds, eleven Shillings & nine Pence of 

the Bills of Credit. \_Passed October 22.^ 



CHAPTER 78 



VOTE ALLOWING £.9„ 12 „ 6,3 TO Y^ COMM^^^^ FOR RUNNING Y^ LINE 
BETWEEN TRURO & Y'^ PROVINCE LANDS. 



RefSof the Voted That Nine Pounds twelve Shillings & six Pence be allowed 
Council, ix., & paid out of the publick Treasury to discharge the Accompt of John 

— Otis Esq'' & others the Committee for Running y*" Line between the 

^nie,chap.74. j^^^^^ ^^ ^^^^ Province & the Town of Truroe. [Passed October 23. 



CHAPTER 79. 



ORDER APPOINTING A COMM^e tO ENQUIRE INTO THE DEBT OF THE 

PROVINCE. 



Legislative 
Records of the 
Council, ix., 
422. 



Ordered that Elisha Hutchinson Andrew Belcher & Thomas Hutchin- 
son Esq" M' Treasurer Allen & M'' John White named by the Council, 

> Edw' Goddard, in State Library copy, Legislative Records of the Council, ix., 360. 

2 There are several discrepancies, in the schedule which precedes the report, between 
the Secretary's record and that in the State Library. 

3 In the Secretary's copy of Legislative Records of the Council, ix., 421, the marginal 
title erroneously gives the sum allowed as £12. 9. 6. instead of £9. 12. 6. 



[3d Sess.] Province Laws (jResoIves, etc.). — 1714. 373 

M' Edward Hutchinson, M' John Ruck M' John Watson, Cpt. Samuel 
Phips & Seth Arnold Esq'' named by the Representatives be a Com- 
mittee to inspect & examine publick Acconipts, to know what Bills 
of Credit have bin made & issued, How many have been drawn in & 
burned. And to make & present an Accompt both of Debit & Credit, 
And Report the same that the Province Debt may be known. ^Passed 
October 23. 



CHAPTER 80. 

ORDER APPOINTING A COMM^ee tO SETTLE THE BOUNDS BETWEEN 
THE COUNTIES OF PLIMOUTH & BRISTOL. [Passed October 26. 

\_Printed toith resolves, orders, etc., '■'■granting lands, establishing pre- Legislative 
cincts and xtarishes, and determining territorial boundaries. "'\ council^, ^x./*' 

423. 



CHAPTER 81. 

VOTE ADOPTING A PROCLAMATION FOR OFFICERS TO PROCEED IN Y^ 
EXECUTION OF THEIR OFFICES UNTIL HIS MAJESTY'S PLEASURE IS 
KNOWN. 

Upon a Motion made by a Message from the Represent""^' A Procla- Legislative 
mation Requiring all Officers Civil & Military to proceed in the Execu- counciUx.!'^^ 
tion of their several Offices &c ; Drawn up : Read & ^^ 

Advised by the Council, And sign'd by the Govern^ \_Passed 
October 27. 



CHAPTER 82. 

VOTE ACCEPTING THE COMM^ees REPORT OF A METHOD TO FACILITATE 

PAYMTS. . . 

In Obedience to an Order of the Great & Gen'^ Court or Assembly Legislative 
of the Province of the Massachusets Bay now sitting impowering Elisha councif, ix.!^^ 

Hutchinson Sam" Sewall Esq" M"" Secretary Andrew Belcher & Adding- ^ 

ton Davenport Esq'' for the Council ; Coll. Adam Winthrop, Cpt. Oliver Ante,c\\a.v-'f- 
Noyes Coll. Edmund Quincey M"" Jonathan Remington, Cpt. Sam" Phips, 
Daniel Parker Esq"" & Cpt. Peter Osgood for the House of Represent- 
atives, to be a Committee to consider of proper Ways & Methods to 
facilitate Payments both publick & private : We are humbly of 

Opinion in Consideration of the low Circumstances of the Province & 
the Difficulty of Gathering the publick Taxes by Reason of the few 
publick Bills that are passing, That a further Sum of Fifty Thousand 
Pounds in Bills of Credit of the same Tenour with those already Emitted 
be forthwith made & put into the Hands of three Trustees to be named 
& appointed by the Gen" Court (two of whom to be a Quorum) Any 
two of them to act in Case of the Death or Removal of the third untill 
the next Sessions of the Court : And the said Bills to be let out to the 
Inhabitants of this Province on a good Real Security within the same 
at Five per Cent, per Annum Interest, in Sums not exceeding Five 
Hundred Pounds nor under Fifty unto any one Person, for the Space 
or Term of five Years, And to be paid in again in like Bills of Publick 
Credit or Curr' lawful Money of the Province, Viz, A fifth Part of the 



374 Province Laws (i?eso?yes, e^c). — 1714. [Chaps. 83-85.] 

Principal with the Interest each Year, And all Mortgages made or to be 
made, as a Security for the Bills so borrowed to be to the first Trustees 
& such others as shall from Time to Time be appointed by the General 
Court ; And that the Trustees do give their Attendance at some stated 
Place in Boston two Dayes in the Week, & for their Reward or Allow- 
ance shall have one Peny in the Pound on so much as they shall let out 
to be equally divided between them ; And the said Trustees in Letting 
•out the said Bills are to have a special Regard to the Inhabitants of the 
several Towns of the Province, And therefore for the Space of three 
Months after their Receipt of any Part of the Bills, they are to make 
such a Reserve, As that the Inhabitants of each Town may have an 
Opportunity of Taking a Proportion thereof ; The Profits & Improve- 
ment of the Bills so let out (necessary Charges being first deducted) 
to be & go towards Defraying the publick Charges of the Province as 
the Gen" Court from Time to Time shall order & direct. 

Elisha Hutchinson ^ Order of the Committee. 

Read two several Times, Debated & Accepted with the following 
Ameudm'^ That is to say : That there be five Trustees under 

Oath, Three of which to be a Quorum : That the Allowance to 

the Trustees be Ten Shillings on a Hundred Pounds : That the 

Mortgagers be allowed to pay in the whole Principal or any lesser Sum 
not under one fifth Part with the Interest at the End of any one Year. 
\_Passed October 28. 



CHAPTER 83. 

Legislative ORDER GRANTING A PRECINCT FOR THE WEST SIDE OF THE RIVER 
gcords of the jj^ sUDBURY. [Passed October 28. 

425. 

Anie, chap. 6. {Printed loith resolves.^ orders, etc., ^'■granting lands, establishing pre- 

Records^of the ^"^^^^ and parishes, and determining territorial boundaries."^ 

Council, ix., 

423. . 



CHAPTEK 84. 



VOTE ALLOWING £.2,, 0„ 6, TO W" WEBSTER. 



R^^ords'of the Voted That the Sum of Two Pounds & six Pence be allowed and 
Council, ix., paid out of the publick Treasury to William Webster to discharge his 
___ Accompt of Nursing Benjamin Healy his Servant wounded in her late 
Majesties Service & for other Expence &c for y'' Publick. [Passed 
October 28. 



426 



CHAPTER 85. 



ORDER GRANTING LAND TO JOHN HIGGINSON. [Passed October 29. 

Legislative [Printed with resolves, orders, etc., ^'-granting lands, establishing pre- 

Councii, ix., cincts and parishes, and determining territorial boundaries. "'\ 

426* 



[3d Sess.] Province Laws {Resolves, etc.). — 1714. 375 



CHAPTER 86. 

VOTE OF INSTRUCTION TO M« AG^ DUMMER ABOUT CAPE BRETON. 

On Consideration of the Progress the French are making towards Legislative 
a strong & powerful Settlement at Cape Breton «fe Parts Adjacent; colmdi^ "x.l^^ 

And the great Damage that may probably accrue to these his Maj- f£i; 

esties Plantations in Process of Time therefrom ; 

Voted that M' Agent Dummer be directed to improve any proper 
Opportunity that may offer to represent the same, & apply for the 
Rendition thereof to his Majesty, & that this Vote be covered in a 
Letter to the Agent as an Instruction. \_Passed October 29. 



CHAPTER 87. 

ORDER OF HEARING ON DAVID LOVERINGS PETITION FOR A NEW TRIAL. 

Upon reading a Petition of David Lovering Citizen & Draper of ^''^^^d^'^f th 
London by John Marion his Attorney Praying that a new Tryal may couucii, ix., 

be granted him of an Action of Review commenced & tried betwixt ^^ 

John Kembal & the Petitioner at the Superior Court of Judicature R^firda^of tiie 
held in Middlesex on the last Tuesday in January 1706. Referring to council, ix., 
the Title of a certain House & Land scituate in Watertown, the said ^^'^' 
John Kemball then Plaintiff being since Dec*^ And that John Kembal 
his Son & sole Executor of the last Will & Testament of the Dec*^ may 
be served with a Copy of this Petition : 

Ordered that the Prayer of the Petition be granted ; Viz, That John 
Kembal the Executor be served with a Copy thereof, & be heard before 
this Court on the second Wednesday of the next Session if any Thing 
he has to say, Why a new Hearing of the Cause therein mentioned 
should not be granted as prayed for. \^Passed October 30. 



CHAPTER 88. 

ORDER MAKING CHILMARK A TOWNSHIP. [Passed October 30. Legislative 

Records of the 

\_Printed loith resolves, orders, etc., ^^ granting lands, establishing pre- 428. 
cincts and parishes, and determining territorial boundaries."'] Legislative 

Records of the 
Council, ix., 
: 423, 428. 



CHAPTER 89. 

VOTE APPOINTING A THANKSGIVING. Legislative 

Records of the 
. Council, ix., 

The Draught of a Proclamation, appointing a Gen" Thanks Giving 429^ 

to be celebrated on Thursday the twenty fifth Currant through out the Legislative 
Province ; Read & Advised to. {^Passed* November 1. coundUx.!^^ 

414. Love's 
Fast and 
Thanksgiving 
Days of New 
England, 
p. 488. 



376 



Province Laws {Resolves, etc.). — 1714, [Chaps. 90-94.] 



Legislative 
Records of the 
Council, ix., 
430. 



CHAPTEK 90. 

VOTE OF INSTRUCTION TO M" AGENT DUMMER. 

Voted That it be a further Instruction to M' Agent Dummer to 
endeavour the Obtaining an Act of Parliam' allowing the Importation 
of Hops «fe Lumber from the Plantations into the Kingdom of Ireland, 
A Copy of this Vote to be covered in a Letter to him. \_Fassed Novem- 
ber 2. 



CHAPTER 91. 



Legislative 
Records of the 
Council, ix., 
430. 



ORDER MAKING NASHOBA LANDS A TOWNSHIP. [Passed November 2. 

\_Printed with resolves, orders, etc., *■'■ granting lands, establishing j^re- 
cincts and parishes, and determining territorial boundaries."'] 



CHAPTER 92. 



Legislative 
Records of the 
Council, ix., 
431. 

Legislative 
Records of the 
Council, ix., 
389, 428. 



RESOLVE ALLOWING TO WIG. SWEETSER £.25, FOR AN INDIAN BOY. 

Upon reading a Petition of Wigglesworth Sweetser, Praying Pay- 
ment may be ordered him of the Sum of Twenty five Pounds, the prime 
Cost which he paid for an Indian Boy lately called for out of his Hands 
to be returned to the Indians at the Time of the late Pacification besides 
Charges in Keeping & Cloathing of him & for Doctors ; 

Resolved that the Sum of Twenty five Pounds be allowed & paid out 
of the publick Treasury to the Petitioner in full of what shall be paid 
him by the Province on the Accompt of the Indian Boy mentioned in 
his Petition. [^Passed November 2. 



CHAPTER 93. 

ORDER ACCEPTING THE COMMITTEE'S REPORT ON THE DIVIDING LINE 
BETWIXT DEDHAM AND NEEDHAM. [Passed November 3. 

Recordfof the [Printed luith resolves, orders, etc., ^'-granting lands, establishiyig pre- 
Councii, ix., cincts and parishes, and determining territorial boundaries."] 



Ante, chap. 14. 



CHAPTER 94. 



RESOLVE GRANTING TO HUGH PIKE AN ADDITION TO HIS PENSION 
THIS YEAR, & £.3,, 15, FOR HIS SURGEON'S BILL. 

Rifordfof the Upon READING a Petition of Hugh Pike wounded in the Service of 
Council, ix., this Pi'ovince & a Pensioner to this Government, Praying an Addition 
— to his Pension & Payment of his Surgeon ; 



[3d Sess.] Phovixce Laws {Resolves^ etc.). — 1714. 377 

Resolved that the Petitioners Pension be made up Twelve Pounds 
for this Year, And that the further Sum of Three Pounds fifteen Shil- 
lings be allowed & paid out of the publick Treasury to pay his Sur- 
geons Bills. \_Passed November 3. 



CHAPTER 95. 

RESOLVE ALLOWING TO NICHO PICKET £.20. 



Upon reading a Petition of Nicholas Picket of Marblehead a Pen- Legislative 
sioner of this Government, Praying to be Enabled to pay his Surgeon councu* ix '^''^ 
for Cutting off e^ Cure of his Leg ; 43-2. 

Resolved that the Sum of Twenty Pounds be allowed & paid out of 
the publick Treasury to the Petitioner to pay the Surgeons &c. for their 
Operation in Cutting off his Leg & the Cure thereof. [^Passed Novem- 
ber 3. 



CHAPTER 96. 

VOTE ALLOWING BROOKFIELD £.20, FOR Y^ MINISTRY. 

Voted a Concurrence to a Resolve of the Representatives for Allow- Legislative 
ing Twenty Pounds towards the Maintenance of the Ministry in the coiindf ix.!*^^ 
Town of Brookfield the Year coming. \_Passed* November 5. 433. 



CHAPTER 97. 

ORDER FOR BUILDING A LIGHT HOUSE. 



Ordered that a Light House be erected at the Charge of the Province Legislative 
at the Entrance of the Harbour of Boston on the same Place & Rates coundf fi *^^ 
proposed in a Bill projected for the Town of Bostons Doing it, Accom- 433. 
panying this Vote, And that a Bill be drawn accordingly. \_Passed Province _ 
November 5. - Laws, ii., 7. 



CHAPTER 98. 

RESOLVE FOR EMITTING £.10,000, IX BILLS, &c.i 

Resolved that the Treasurer be «fe hereby is Directed & Impowered Legislative 
to issue forth & Emit the Sum of Ten Thousand Pounds in Bills of ^ouncif, ix.f ^ 

publick Credit on this Province (W'' was Ordered by the General 12!: 

Court at their Session in October 1713: to be made & paid into the ^iH^e.chap. 77. 
Treasury for the Drawing in the Ten Shilling & Three & six Penny °^^' ^ ^^' ' 
Bills, & which was not applied to that Service) for Payment of the 
publick Debts of the Province already contracted for the Defence & 
Support of the Government & the necessary Protection & Preserva- 
tion of the Inhabitants of this Province, And for the Subsisting of 
Forts or Garrisons & "Wages arising for their Service, for Payment 

1 Printed in the notes to the Acts of the year 1714, Province Laws, i., 752. 



378 



Province Laws {Resolves, etc.). — 1714. [Chap. 99.] 



of Grants Salaries & Allowances made & to be made by this Court, 
according to such Draughts as from Time to Time shall be made upon 
him by Warrant or Order from the Governour by & with the Advice 
& Consent of the Council ; And the said Bills (together with the Four 
Thousand Pounds of the like Bills Ordered to be emitted at the Ses- 
sion of this Court begun the 26"" Day of May last) shall pass out of 
the Treasury at the Value therein express'd equivalent to Money, & 
shall be taken & accepted in all publick Payments at the Advance & 
after the Rate of Five Pounds per Cent More. 

And as a Fund & Security for the same, there be & hei'eby is Granted 
to his most Excellent Majesty for the Ends &, Uses afore said a Tax 
of Ten Thousand Pounds to be levied upon Polls & Estates both Real 
& Personal within this Province, according to such Rules & in such 
Proportion upon the several Towns & Districts within the same as 
shall be Agreed on & Ordered by the Great & Gen^' Court or Assem- 
bly of this Province at their Session in May Anno 1720 : Three Thou- 
sand Pounds thereof to be paid into the Treasury on or before the 
last Day of December next after. And the remaining Seveu Thousand 
Pounds on or before the last Day of December 1721. 

And WHEREAS in the Treasurers Accompts of Powder he charges him 
self with the Sum of Two Thousand forty seven Pounds eighteen Shill=^ 
&, three Pence. 

Voted that the Treasurer be discharged of the said Sum of Two Thou- 
sand forty seven Pounds eighteen Shillings & three Pence, He charging 
him self with One Hundred thirty six Barrels fifty two Pounds & three 
Quarters of Powder without putting an}' Value on the same, It being 
the Remainder of what was received in Specie for the Duty of Tunnage 
of Shipping, Pursuant to the Act of Assembly. 

And WHEREAS the Town of Tiverton stands charged with the Sum 
of Thirty Pounds w*^** was assessed on them as Part of a Tax in the 
Year 1708. 

Voted that the said Town of Tiverton be abated the said Sum of 
Thirty Pounds. \_Passed November 5. 



CHAPTER 99. 



Legislative 
Records of tiie 
Council, ix., 
434. 

Ante, chap. 46. 
Legislative 
Records of the 
Council, ix., 
431. 



ORDER FOR MAKING £.50000, IN BILLS. 

Ordered that the Committee that made the last Bills of publick Credit 
on this Province be directed to make the Sum of Fifty Thousand Pounds 
more as expeditiously as may be off from the new Plates That is to say 
Thirty Thousand Pounds off from the highest Plate, Fifteen Thousand 
Pounds off from the Middle Plate, And Five Thousand Pounds off from 
the lowest Plate, & deliver them to the Trustees appointed by an Act 
of this Court made this Session for the Loan of that Sum taking their 
Receipt for the same. And that the Treasurer be directed to pay the 
said Committee for Making the said Bills, as they were paid for the 
Bills they last made : And for a present Accomodation of those 

that would borrow before the Bills can be made, The Treasurer is 
directed to lend to the said Trustees at their Desire such Sum & 
Sums of the new Bills in his Hands that he can spare. They repay- 
ing them, when they are enabled by the Committee. \_Passed Novem- 
ber 5. 



£3d Sess.] Pkovince Laws {Resolves, etc.). — 1714. 379 



CHAPTEE 100. 

ORDER APPOINTING A COMM^^^ TO LAY OUT RUTLAND. [Passed Novem- 

ber 3. 

_ [Printed loitli resolves, orders, etc., ''granting lands, establishing pre- Legislative 
cincts and parishes, and determining territorial bou7idaries."'\ Records of the 



434. 



CHAPTER 101. 

RESOLVE APPOINTING A COMMtee tO TREAT W™ A COMMtek OF N 
HAMPSHIRE ABOUT THE DUTIES & FEES DEMANDED THERE &c. 

Upon a Conference had between the Council & Eepresent^^^ refer- Legislative 
mg to the Aggrievance of the Fees & Duties demanded & received by coundf ix *''* 
the Officers in the Province of New Hampshire of the Vessels belong- 434"°" ' '''" 
ing to this Province passing up & down the River of Piscataqua into Ante, chap. 75. 
the Parts of this Province & for the Boards Lumber & other Things 
manufactured within the same brought down that River; 

Resolved that all Votes pass'd at this Session concerning that Affair 
be withdrawn : And that Elisha Hutchinson & Andrew Belcher Esq" 
named by the Council, Cpt. Oliver Noyes M^ Edward Hutchinson & 
M' Jonathan Remington named by the Representatives be a Committee 
to meet with a Committee of the Government of New Hampshire to 
sit at Boston, as soon as may be at his Excellencies Appointment, Who 
are impowered to confer with them of the Grounds & Pretensions of 
the Demanding & Exacting of such Duties & Fees or any other Griev- 
ance of Difference what soever, betwixt the two Governments, alwaies 
Asserting our equal Right in that River, Making Report of the Issue 
of their Conference to this Court at their next Session ; And his Excel- 
lency is Requested to bring forward such Conference by the Committee 
of New Hampshire appointed for that End, And to write a Letter to 
the Government of that Province to prevent all Inconveniences on that 
Head untill the Issue of such Conference. [Passed November 5. 



CHAPTER 102. 



RESOLVE APPOINTING A COMM^ee tO RECEIVE CLAIMS TO LANDS IN 
THE LATE PROV. OF MAIN, & FOR THE SETTLEM^ OF TOWNSHIPS 
THERE. [Passed November 5. 

_ [Printed with resolves, orders, etc., ''granting lands, establishing X)re- Legislative 
cincts and parishes, and determining territorial boundaries. "'i Records of the 



435. 



CHAPTER 103. 



ORDER AG«T EMITTING BILLS OF CREDIT AS A MEDIUM OF EXCH^ 

WITHOUT ALLOW^.i 

A Projection or Scheme for Establishing a Fund or Bank of Credit Legislative 
upon a Laud Security which may give the Bills issued therefrom a Gen- councfux.J^^ 

Printed in the note to the Act of November 10, 1743-44, Province Laws, iii., 138. 



^n<e,chap. 98. 



380 



Province Laws {Resolves, etc.). — 1714. [Chaps. 104-108.] 



eral Currency ; Sent up from the Representatives with an Order pass'd 
thereon, That is to say ; 

Ordered that no private Company or Partnership proceed to the Mak- 
ing or Emitting of any Bills of Credit, as a Medium of Exchange in Trade 
without the Allowance & Approbation of this Court. 

Read & Concur'd. \_Passed November 5. 



Legislative 
Records of the 
Council, Ix., 
486. 

Ante, chap. 55. 



CHAPTER 104. 

RESOLVE ALLOWING £.250, TO THE GOV. 

Resolved that the Sum of Two, Hundred & fifty Pounds be allowed 
& paid out of the publick Treasury to his Excellency Joseph Dudley 
Esq"" Captain Gen" & Govern' in Chief of this his Majesties Province 
for his Support in Managing the Affairs of the Goverum'. \_Fassed 
November 5. 



Legislative 
Records of the 
Council, ix., 
436. 



CHAPTER 105. 

RESOLVE ALLOWING £.80, TO IS^ ADDINGTON ESQ^. 

Bewlved that the Sum of Eighty Pounds be allowed & paid out of 
the publick Treasury to the Hon''^'' Isaac Addington Esq'' for his ex- 
traordinary Service for this Province for the Year Curr'. [Passed 
November 5. 



CHAPTER 106. 

RESOLVE ALLOWING £.30, TO JN" WHITE. 

Refordfof^the Besolved that the Sum of Thirty Pounds be further allowed & paid 
Council, ix., out of the publick Treasury to John White Clerk of this House for his 
'^ Service in the Year Currant. \_Passed November 5. 

Ante,ch&\\.5fd. 



CHAPTER 107 



RESOLVE ALLOWING £.5, TO JN" WHITE. 



Legislative 
Records of the 
Council, ix., 
436. 



ResoUed that the Sum of Five Pounds be allowed & paid out of the 
publick Treasury to John AVhite Clerk of this House for his Service as 
Clerk of the Conferences at the late Interview of his Excellency the Gov- 
^n<e,chap.40. g^n^Qm. ^ General Nicholson with the Delegates of the Eastern Indians 
at Piscataqua, & for his Service as Clerk of the Congress at Rehoboth. 
\_Passed November 5. 



CHAPTER 108 



Legislative 
Records of the 
Council, ix., 
437. 

Ante, chap. 65. 



RESOLVE ALLOAVING £.10, TO JA. MAXWELL. 

Resolved that the Sum of Ten Pounds be allowed & paid out of the 
publick Treasury to M'' James Maxwell, in Consideration of his formerly 
having been a good Servant of this Court, & his present Circumstances 
in his Advanced Age. [^Passed November 5. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1715-16. 



[381] 



LEGISLATIVE LIST' 



FOR 



I7I5-I6. 

His Excellency JOSEPH DUDLEY \_until October 18, 1715], 

Captain-General and Governor-in-chief, etc. 

[WILLIAM TAILER, Lieutenant Governor, /rom iVovemfter 55, i 715.] 

SAMUEL WOODWARD, 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 Massachusets Bay ; 



William Tailer 
Wait Winthrop 
Elisha Hutchinson 
Samuel Sewall 
Elisha Cook 
John Appleton 
John Higginson 
Andrew Belcher 
Edward Bromfield 



Nathaniel Norden 
Benjamin Lynde 
John Clark 
Addington Davenport 
EsQRS. Thomas Hutchinson 

Samuel Brown 
John Pynchon 
Thomas Oliver 
Thomas Fitch 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of Neio Plimouth; 

Isaac Winslow ) John Cushing 

Nathaniel Payne ) ^^^^^- John Otis 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly called 
the Province of Main; 

Eliakim Hutchinson, John Wheelwright & Ichabod Plaisted, Esqrs. 

Of the Inhabitants of or Proprietors of Lands ^vithin the Territory lying between 
the River of Sagadahock & Nova Scotia; 

Joseph Lynde, Esq. 

I See Legislative Records of the Council, ix., 439-441. 
[383] 



384 Province 1ja\\^ {Resolves, etc.). — 1715-16. [Representatives.] 

For the Province, at large : — 
Nathaniel Btfield & Edmund Quincey, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
May 25, 1715 to December 22, 1715. 



Mr. JOHN BURRILL, Speaker. 



County of Suffolk. 

Boston, . . . Col. Adam Winthrop, 
Capt. Oliver Noyes, 
Mr. William Payne, 
Mr. Elisha Cook. 

Rozbury, . . Mr. William Denison. 

Dorchester, . . Mr. Hopestill Clap. 

Milton, . . . !Mr. Ephraim Tucker. 

Brantree, . . Mr. Joseph Allen. 

Weymouth, . . Capt. Stephen French. 

Eingham, . . Samuel Thaxter, Esq. 

Dedham, . . Mr. John Fuller. 

Medfield, . . Capt. John Boyden. 

Mendon, . . . IVIr. Samuel Thayer. 

Wrcntham, . . Mr. John Guild. 

Woodstock, . . Mr. Samuel Payne. 

County of Middlesex. 



Cambridge,. 
Charlestown, 
Watertown, . 
Newtown, . 
Sudbury, . 
Mai'lborough, 
Sherburn, . 
Lancaster, . 
Framingham, 
Oroton, . . 
Concord, . . 
Chelmsford, 
Billerica, . 
Woburn, . . 
Mcdford, . 
Stow, . . . 
Beading, 
Maiden, . . 
Lexington, . 
Weston, . . 



Mr. Jonathan Remington. 

Capt. Charles Chambers. 

Mr. Samuel Sternes. 

Mr. John Ward. 

Mr. Edmund Rice. 

Mr. Thomas Rice. 

Capt. Joseph Morse. 

Mr. John Houghton. 

Major Joseph Buckminster. 
, Mr. Thomas Tarball. 

Mr. William Wilson. 
. Mr. Stephen Pierce. 
. Lieut. John Sternes. 
, Capt. Josiah Converse 
, Capt. Peter Tufts. 
. Mr. John Butterick. 
. Mr. Timothy Wily. 
. Mr. John Greenland. 
. Mr. Francis Bowman. 
. ('apt. Francis Fulham. 



County of Essex. 
Salem, . . . Daniel Ei)es, Esq., 

Capt. Peter Osgood. 
Ipsivich, . . . Mr. John Appleton, 

Mr. Nathaniel Knoltou. 



County 
Lynn, . . 
Marblehead, 
Beverly, . . 
Wenham, 
Toxisfield, 
Andover, 
Bradford, 
Haverhill, 
Boxford, . 
Bowley, . 
Newbury, 
Salisbtiry, 
Amesbury, 
Olocester, 



OF Essex — Concluded. 
. John Burrill, Esq. 
. Mr. James Cawley. 
. Mr. Samuel Balcli. 
. Capt. Thomas Fiske. 
. Mr. Tobijah Perkins. 
. Mr. Benjamin Stevens. 
. Mr. John Huckens. 
. Capt. John White. 
. Mr. Joseph Hale. 
. Mr. Ezekiel Northen. 
. Mr. William Moodey. 
. Mr. Josej^h Eaton. 
. Mr. John Foot. 
. John Newman, Esq. 



County of Hampshire. 



Springfield, 
Northampton, 
Hatfield, . . 
Hadley, . . 
Wesffield, . 
Suffield, . . 



Luke Hitchcock, Esq. 
Joseph Parsons, Esq. 
Mr. John Patridge. 
Mr. Daniel Marsh. 
Mr. John Ashley. 
, Mr. Atherton Mather. 



County of Bristol. 



Bristol, . . . 
Tau7iton, . . 
Swanzey, . . 
Behoboth, . . 
Little Compton. 
Dighton, . . 
Tiverton, 
Norton, ■ . 
Attlebord, . 
Dartmouth, . . 



Capt. Simon Davis. 

Mr. Henry Hodges. 

Mr. John Rogers. 

Mr. Moses Read. 

Capt. William Southworth. 

Mr. Benjamin Jones. 

Mr. William Manchester. 

George Leonard, Esq. 

Mr. David Freeman. 

Mr. Jonathan Delano. 



County of Plimouth. 



Blimouth, . 
Scituate, 
Marshfield, . 
Duxbury, . 
Bridgewaler, 
Rochester, . 



James Warren, Esq. 
Mr. Samuel Clap. 
Capt. Isaac Little. 
Capt. Seth Arnold. 
Mr. Edward Fobes. 
Mr. John Randal. 



[Representatives.] Province Laws (^Resolves, etc.). — 1715-16. 385 



County of Plimuuth — Concluded. 
Pembrook, . . Capt. Thomas Barker. 
Middkbord,. . Mr. John Bennet. 



County of Barnstable. 



Barnstable, 

Sandwich, 

Yarinonth, 

Eastham, 

Harwich, 

Truroe, . 



. Mr. Joseph Lothrop. 
. Mr. John Chipman. 
. Mr. Joseph Hall. 
. Mr. Samuel Mayo. 
. Mr. Gershom. 
. Mr. Constant Freeman. 



County of York. 
York, .... Abraham Prebble, Esq. 
Kittery, . . . Mr. Joseph Hammond. 
Berwick, . . Mr. Elisha Plaisted. 

Dukes County. 

Edgar Town, ) ^^^^^ Benjamin Skiflfe. 
Chilmark, . N 

Nantucket. 
James Coffin, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-fifth Day of May, A.D. 17 15. 



CHAPTEK 1. 

RESOLVE ALLOWING £20. TO JN'' SMALLPIECE. 

Upon reading a Petition of John Smallpiece of Boston who was Legislative 
blown up by Powder in Endeavouring to save what he could out of councfi^ix*^^ 
the Impost Office w° ^ the same was demolished by Fire in November 442. 
last, & thereby lost the Use of his Hands & Legs ; House Jour- 

Resolved That the Sum of Twenty Pounds be allowed «fe paid out °^^' i^- ^• 
of the publick Treasury to John Small piece the Petitioner towards his 
Relief. [Passed May 28. 



CHAPTER 2. 

RESOLVE ALLOWING £.5. 2. TO EDW» PELL. 



Resolved that the Sum of Five Pounds & two Shill^' be allow'd & paid R|ford"of the 
out of the publick Treasury to Edward Pell to discharge his Accompt Council, ix., 
presented.^ \_Passed May 28. ^'^^ 



House Jour- 
nal, p. 3. 



CHAPTER 3. 

RESOLVE ALLOWING £40. 16. 8. TO WILLIAM PAYNE. 

Resolved that the Sum of Forty Pounds sixteen Shillings & eight Legislative 
Pence be allowed & paid out of the publick Treasury to William council fi.f*' 
Payne to discharge his Accompt presented.^ [^Passed May 28. ^ 

House Jour- 
nal, p. 3. 



CHAPTER 4. 

ORDER FOR A HEARING UPON THE PETITION OF RICH" COOMES & 
HEPHSIBAH HIS WIFE. 

Upon reading a Petition of Richard Coomes & Hephsibah his "Wife, Legislative 
Praying the Equity of Redemption of an Estate in Roxbury mortgaged coimcif, i'x., 
in the Year 1691. to Florence Mac-Carty late of. Boston Butcher Dec^ ^3. 
by their Father Joseph Newell Dec*^ 

1 MS. obscure. 

^ "For painting Seats &<=' in ye Representatives Chamber." — Mass. Archives, exxiii., 
49. 

3 "For making Seats &=' in the Representatives Chamber." — Jbid. 

[387] 



388 



Province Laws (^Resolves, etc.). — 1715-16. [Chaps. 5, 6.] 



Post, chap. 65. 
House Jour- 
nal, p. 5. 



Ordered that a Hearing be gi-auted ou this Petition before this Court 
on Fryday next at ten a Clock in the Forenoon, And the Petitioners 
serve the Adverse Party with a Copy of this Petition, «& a Notification 
that they may then be heard, if they have any Thing to alledge why 
the Prayer of the Petition should not be granted. \_Passed May 30. 



Legislative 
Records of the 
Council, ix., 
444. 

House Jour- 
nal, p. 6. 



CHAPTEK 5. 

OKDER OF HEARING ON THE PETITION OF COHASSET IN Y^' TOWNSHIP 

OF HINGHAM. 

Upon reading a Petition of sundry of the Inhabitants of Cohasset 
in the Township of Hingham, Setting forth that they are very remote 
from the Place of Publick Worship in the Town of Hingham, so that 
it is very hard & difficult for them to attend the publick Worship there ; 
Praying that they may have a suitable Quantity of Lands & Inhabitants 
sett off for a Precinct, to maintain the publick Worship of God among 
them selves ; 

Ordered that the Petitioners serve the Town of Hingham with a Copy 
of this Petition, And that they be heard before this Court on the eighth 
Day of June Currant, If they have any Thing to offer why the Prayer 
thereof should not be granted. \_Passed June 1. 



CHAPTER 6. 



Legislative 
Records of the 
Council, ix., 
445. 

House Jour- 
nal, p. 7. 



RESOLVE ALLOWING £130. 3. 7. TO SUNDRY PERSONS.! 

The Accompts of several Persons having been inspected by a Com- 
mittee of the Represent'"'' & the several Sums annexed to their Names 
allow'd them ; Viz, 

D'' Rob' Ellis for Medicines to the Prisoners, Nine Pounds fifteen 
Shillings. 

M^ Thomas Tarbell, Five Pounds, seventeen Shillings 

To Joseph Kellog as per Acc° Three Pounds fifteen Shillings^ 

To Cpt. Baker, Twelve Pounds four Shillings 

To the Hon'''" Samuel Patridge Esq*" for his extraordinary Service for 
six Years in the late War, Twenty five Pounds. 

To Coll. Patridge's Acc° N" 1. Twenty two Pounds twelve Shillings 
& ten Pence. 

To Coll. Patridges Acc° N'' 2. Twenty one Pounds one Shilling & 
five Pence 

Resolved that the Sum of One Hundred & thirty Pounds, three Shil- 
lings & seven Pence be allowed & paid out of the publick Treasury 
to the several Persons named in the above Accompt, according to the 
Sums annexed to their Names for the Discharging the said Accompts. 
[^Passed June 1. 

> The total sum granted to the persons above-named, in the resolve, falls short of the 
amount granted by £29. 18. 4. But the margin of the Secretary's record has the words, 
"To Martin Kellog Twenty nine Pounds eighteen Shillings & four Pence." 

■•i For money " lent to Martin Kellogg which he expended in procuring captives from 
Canada." — Mass. Archives, cxxiii., 55. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1715^16. 389 



CHAPTEE 7. 

VOTES ABOUT THE PORT OF KITTERY. 

Voted that the Right of this Pi'ovince in & to the River commonly Legislative 
called Piscataqua River be asserted & maintained: That a Breast coundf ?x.*''° 

Work of six Guns be erected in some convenient Place in the Town 445. 
of Kittery for the Defence of the River : That six Guns with Shot House Jour- 

& Carriages be ordered to the Town of Kittery upon their P^recting a '^^'' ^'' ^" 
Breast Work & Plat-Form & Obliging them selves to maintain the same : 
That his Excellency be desired to give his Orders accordingly : That 
it is for his Majesties Service, that a Naval Office be kept in the Port of 
Kittery, to avoid the unreasonable Duties or Impositions exacted from 
the Inhabitants of this Province passing in & out the said River from 
the Naval Officer of the Government of New Hampshire : That all Ships 
& other Vessels that load or unload at the Port of Kittery be obliged 
to Enter & Clear with the Naval Officer there, & pay the Duties of 
Impost & Powder Money according to Law : That all Harbours 

in Kittery & Berwick shall belong to the Port of Kittery. 

By his Excellency the Governour : I Agree to this Vote & the 

Establishment of a Naval Officer at Kittery, so soon as the Breast 
Work for six Guns be built & the Guns mounted. \_Passed June 1. 



CHAPTER 8. 

ORDER OF HEARING ON THE PETITION OF CPT. MATTHEW WHIPPLE &c. 

Upon reading a Petition of Cpt. Matthew Whipple & others, Inhabi- ^f^^'^'^"^*' 
tants of the New Precinct in Ipswich called the Hamlet, on Behalf of council^, fx.* * 

them selves & the said Precinct Praying, That a Farm called Salton- ^ 

stalls Farm & the Neighboui'ing Inhabitants may be sett off to & made House Jour- 
a Part of the said Precinct, And likewise a Petition of sev*^ of the said ' ' " ' 
Neighbouring Inhabitants, Praying to be dismiss'd from the Town of 
Ipswich & Incorporated with the said new Precinct 

Ordered that the Petitioners serve the Town of Ipswich with a Copy 
of both these Petitions, Who may be heard before this Court if they 
have any Thing to object against the Prayer thereof on the tenth Day 
of this Month if the Court continue sitting so long, otherwise on the 
first Fryday of the next Session. \_Passed June 1. 



CHAPTER 9. 

ORDER OF HEARING ON THE PETITION OF BRIDGEWATER INHABI- 
TANTS. 

Upon reading a Petition of sundry of the Inhabitants of y® Town of Legislative 
Bridgewater, Setting forth that the Habitations of many in the Easterly cJpn^%*'x^*'*® 
Part of the said Town are very remote from the Place of Publick Wor- •^''- 
ship, so that they cannot without great Difficulty attend the publick House Jour- 
AVorship of God, Praying that a Dividing Line may be made through '^''^'^'•'■■ 
the Center of the said Town extending from North to South, And that 
the Inhabitants of the Easterly Part of the s** Town may be made a dis- 
tinct Precinct for the Worship of God among them selves ; 



390 



Peovince Laws {Resolves, etc.). — 1715-1(3. [Chaps. 10-12.] 



Ordered that the Petitioners serve the Town of Bridgewater with a 
Copy of this Petition, And that a Hearing be granted on the first Tues- 
day of the next Session of this Court, If they have any Thing to alledge, 
Why the Prayer thereof should not be granted. [^Passed June 1. 



CHAPTER 10. 



Legislative 
Records of the 
Council, ix., 
446. 

House Jour- 
nal, 1). 9. 



ORDER OF HEARING ON THE PETITION OF THE EAST & WEST PRE- 
CINCT IN NEWBURY. 

Upon reading a Petition of sundry of the Inhabitants of the East 
& West Precincts in Newbury Shewing, That since the Pulling down 
the former Meeting House & P^rectiug an other at Pipe Stave Hill they 
have laboured under great Difficulties with respect to the publick AYor- 
ship of God, Praying that those Inhabitants of the West Precinct who 
dwell below Artichoak River may be dismiss'd to join with those of tiie 
East Precinct lately dismiss'd by a publick Vote, That so they may be 
jointly made a Middle Precinct & become a distinct Society for Main- 
taining the publick Worship of God among them selves, Which the 
Eastern Precinct have consented to but the Western have not ; 

Ordered that the Petitioners serve the Western Precinct with a Copy 
of this Petition & Notify them that they may be heard before this Court 
on Fryday the tenth Currant, if they have ought to alledge why the 
Prayer thereof should not be granted. \^Passed June 1. 



CHAPTER 11. 



Legislative 
Records of the 
Council, ix., 
443. 

House Jour- 
nal, p. 11. 



VOTE REAPPOINTING THE OLD COMM'^'ee TO FIX ¥>= SPOT FOR A MEET- 
ING HOUSE IN NEWTON. 

A Petition of the Select Men of Newtown in Behalf of the Inhabi- 
tants of the said Town, Praying that a Committee may be appointed 
by the Court for Prefixing the certain Spot for Setting up a Meeting 
House for the publick Worship of God for the Use of the whole Town [ 
Read & 

Accepted, And The last Committee whereof John Otis Esq'' was 
Chair Man are appointed a Committee to go upon the Place, & Prefix 
the certain Spot for Erecting a Meeting House, & this to be a final 
Settlem' of the Town referring to the Place for Erecting a House for 
the publick Worship of God. \^Passed June 2. 



CHAPTER 12 



Legislative 
Records of the ' 
Council, ix., 
447. 

House Jour- 
nal, p. 10. 



ORDER ON THE PETITION OF JN" BRIGHAM FOR CONFIRMATION OF A 

GRANT OF LAND. 

Upon reading a Petition of John Brigham of Sudbury, Praying a 
Confirmation of Two Hundred Acres of Land granted by this Court 
in the Year 1677 : to Thomas Eames & purchased by him of John 
Earns Son & Heir to the said Thomas Eames, & laid out by the said 
Brigham in the Year 1686. Viz, Laid out Two Hundred Acres of Land 
in the Wilderness adjoining to Lancaster Line being their South West- 
erly liounds, at an old Indian Field, Northerly of a Pond commonly 
called & known by the Name of Rocky Poud, as it is signified in the 



[1st Sess.] Province Laws (^Resolves, etc.). — 1715-16. 391 

Plat, & is bounded every Way by the Couutrey Land only as it adjoins 
to Lancaster Line, the Lines are extended by marked Trees ; Surveyed 
by John Brigham ; 

Ordered tliat this Plat be allowed & confirm'd as the Two Hundred 
Acres of Land granted by this Court to Thomas Eames of Framingham 
the twenty third Day of May 1677 : Provided it doth not interfere with 
any former Grant. \_Passed June 2. 



CHAPTER 13. 

RESOLVE ALLOWING £10. TO THO. TARBOLL. 



Upon reading a Petition of Thomas TarboU of Groton Praying Con- Legislative 
sideration & Allowance for his Time & Expences in Going to Canada councn^, ?x.!^^ 
with Major Stoddard & M" Williams in the Year 1713 : to recover the ^^"- 

Captives ; House Jour- 

Eesolved that the Sum of Ten Pounds be allowed & paid out of the ^ ' ^^' 
publick Treasury to M'' John TarboU the Petitioner for his Service 
being voluntary. [PassecZ June 2. 



CHAPTER 14. 

ORDER GRANTING AND CONFIRMING LAND TO SHERBURN. 

Upon reading a Petition of Joseph Morse Representative & the Legislative 
Select Men of the Town of Sherburn in Behalf of the said Town, coSncif, ix.f ^ 
Praying that a Plat of Four Thousand Acres of Laud (therewith ex- 448. Maps and 
hibited) laid out & protracted by Thomas White Surveyour (Pursuant ^'-'^"s, iv., 39. 
to a Grant of this Court, at their Sessions in June 1710.) on the West ^^*i"jf nl"^" 
Side of Mendon may be confirmed to the said Town of Sherburn ; 

Ordered That the Land therein Described be Allowed Granted, and 
Confirmed to the Town of Sherbourn as an Eqvivalent for the Seven- 
teen families laid to Framingham mentioned in the Plat. Provided It 
Intrench upon no former Grant. \_Passed June 3. 



CHAPTER 15. 

VOTE PASSING THE TREAS^^ ACC^s. 

The Accompts of M"" Jeremiah Allen, Treasurer &, Receiver Gen" of Legislative 
this Province beginning the 31'' Day of May 1714 : And Continued unto council, ix., 

the 26* Day of May 1715. Amounting to the Sum of Eighty three Thou- ^ 

sand eight Hundred «fc one Pounds ten Shillings & eleven Pence, Hav- ua*i"rf w""^ 
iug been preseuted & laid before the House of Representatives and 
inspected by said House ; By which it appears there was standing out 
on the said twenty sixth Day of May Seven Thousand seven Hundred 
& seventy five Pounds three Shillings & eight Pence of the Taxes, 
Fourteen Thousand two Hundred & nine Pounds & two Pence, neet 
Province Bills, & Four Thousand four Hundred & sixty three Pounds 
fourteen Shillings & two Pence Province Bills with the five per Cent. 



392 



Province Laws (Hesohes, etc.). — 1715-16. [Chaps. 16-18.] 



Advance thereou, to be drawn into the Treasury, & further to be ac- 
compted for 

Voted that the said Aceompts in the several Articles of Receipts & 
Payments therein mentioned, Amounting unto the Sum of Fifty one 
Thousand three Hundred «&; four Pounds One Shilling & nine Pence 
be & are hereby approved & allowed of ; And the said Treasurer is 
hereby discharged of the said Sum of Fifty one Thousand, three Hun- 
dred & four Pounds one Shilling & nine Pence. [^Passed June 3. 



CHAPTER 16. 



Legislative 
Records of the 
Council, ix., 
449. 

House Jour, 
nal, p. 12. 



RESOLVE ALLOWING £5. TO JOSEPH HAMMOND. 

Upon reading a Petition of Joseph Hammond of York, Praying to 
have a proper Allowance for his Time & Expences, being out ten Days, 
assisting with others appointed by the Governour & Council in April 
1714, Pursuant to a Resolve of the General Assembly, to discover & 
determine a proper Place for Settling a Town at or near Casco Bay ; 

Resolved that the Sum of Five Pounds be allowed & paid out of the 
publick Treasury to M' Joseph Hammond the Petitioner, for his Ser- 
vice set forth in his Petition. \_Passed June 3. 



CHAPTER 17. 

ORDER APPOINTING A COMM^'='= UPON Y^ MEM« OF Y= TOWNS IN THE 
COUNTY OF HAMPSHIRE. 



Legislative 
Records of the 
Council, ix., 
449. 

House Jour- 
nal, p. 12. 



Upon reading a Memorial of the Representatives of the several 
Towns in the County of Hampshire, Humbly proposing That a Com- 
mittee may be appointed to discover & report where a Road for Carts 
or Waggons may be most conveniently made from Marlborough to 
Springfield & from Brookfield to Hadly ; 

Ordered that Coll. Samuel Thaxter, M"" William Wilson & Joseph 
Parsons Esq^ be a Committee to discover, & report the most conven- 
ient Course for the Roads proposed in this Memorial together with 
a Computation of the Charge it will probably demand to make them 
passable ; Provided the Petitioners or the County of Hampshire will 
bear the Charge of the Comm'*^^ [^Passed June 4. 



CHAPTER 18 



ORDER ON THE PETITION OF JOSEPH GREEN OF SALEM CLERK. 



Legislative 
Records of the 
Council, ix., 
450^ 

House Jour- 
nal, p. 12. 



Upon reading a Petition of Joseph Green of Salem Clerk, Praying 
for a Surveyour to be appointed to lay out a Farm of Three Hundred 
Acres, formerly granted by the General Court to Marshall Gen" Pxlward 
Mitcheson (now belonging to the Petitioner) The Laying out of that 
&, M' Green the Printers Farm interfering with one an other ; 

Ordered that the Petitioner may imploy an able sworn Surveyour 
with Men under Oath to carry the Chain to lay out so much of the 
Province Lands adjoining to Mitchelsons Farm, as by Mistake was 
taken up of Greens Farm, in the first Laying out of Mitchelsons Farm» 



[1st Sess.] Province Laws {Resolves, etc.). — 1715-lG. 393 

So as that the said Mitchelsons Farm may contain Three Hundred 
Acres, as at first granted, And lay a Plat thereof before this Court for 
Confirmation. [Passed June 4. 



CHAPTEE 19. 

ORDER CONFIRMING PLAT OF LAND TO Y^ HEIRS OF SIMON BRAD- 
STREET. 

A Plat of One Thousand Acres of Land laid out by Thomas White Legislative 
Surveyour contiguous to the Town of Meudon, being imployed by the coum^ux.!'^^ 
Heirs of Simon Bradstreet Esq"" Dec'^ formerly Governour of the Prov- ^^- Mapsand 

ince of the Massachusets Bay, Pursuant to a Grant of this Court made '■ — - — '— 

Nov. 21. 1702. Presented for Confirmation: S^Tff u"''' 

Ordered That the Land Platted on the other Side be Confirmed to 
Such of the Heires of Simon Bradstreet Esq'' dec** as of Right the Grant 
made by this Court in Nov' 1702. of One Thousand acres of Land Doth 
belong. Provided It doth not exceed the qvantit[y] of One Thousand 
Acres : nor Intrench upon any former Grants. [Passed June 7. 



na), p. 14. 



CHAPTER 20. 

ORDER ON JON^ HASTINGS'S PETITION, IN REGARD TO CERTAIN JUDG- 
MENTS AGAINST HIM. 

Upon reading a Petition of Jonathan Hastings of Cambridge Set- Legislative 
ting forth That he being cast in two Actions brought by him, One c^S! fi.J''® 

against Job Bull of Boston Butcher & Sarah his Wife, Executrix of ^ 

the last Will & Testament of her late Husband Richard Sherren, And House Jour- 
the other against Job Bull & Sarah his Wife late Sarah Sherren at the ^^'^' 
Inferiour Court at Charlestown on the second Tuesday of December 
1714 : Appealed to the Superiour Court held at Charlestown aforesaid 
upon the last Tuesday of January last past, but thro Inadvertency & 
Oversight both his Reasons of Appeal were mistaken & his Actions 
were dismist upon the Appellees complaining thereof, Prayiitg a Hear- 
ing of the said Actions at the next Superiour Court to be holden at 
Cambridge within & for the County of Middlesex as tho the same 
properly lay before that Court by Appeal ; 

Ordered that the Petitioner serve the Adverse Party with a Copy of 
this Petition, & Notify them that they may be heard before this Court 
on Fryday next. If they have Plea to make why the Prayer thereof should 
not be granted. [Passed June 8. 



CHAPTER 21. 



RESOLVE ALLOWING £10. TO SERGT TUCKER. 



Upon reading a Petition of Serg' Dan" Tucker wounded in her late Legislative 
Majesties Service, & taken Prisoner by the Indians, Praying for some councif u *^^ 
Allowance : 451. ' ' '' 



394: 



Province Laws {Resolves, etc.). — 1715-16. [Chaps. 22-24.] 



House Jour- 
Dal, p. 16. 



Resolved that the Sum of Ten Pounds be allowed & paid out of the 
publick Treasury to Dauiel Tucker the Petitioner towards his Support. 
\_Passed June 8. 



CHAPTER 22 



Legislative 
Records of the 
Council, ix., 
452. 

House .Jour- 
nal, pp. 16, 17. 



ORD'' ON Y"- PETITION OF X^ INHAB'^'' OF COHASSETT. 

In the Case of the Inhabitants of Cohasset in the Township of Hing- 
ham upon their Petition to have a suitable Quantity of Lands & Inhabi- 
tants sett off for a Precinct to maintain the publick Worship of God 
among them selves ; Heard this Day : 

Ordered that John Gushing, Thomas Fitch, Thomas Oliver & Edmund 
Quincey Esq" or any three of them be a Committee with such as the 
Representatives shall add unto them, To repair to Hingham, Giving a 
"Weeks Notice to the Select Men of the said Town, That they may 
appoint & warn a Town Meeting, And that the said Committee do 
proceed to hear the Town & the Petitioners on the Articles mentioned 
in the Petition, And that they use all Means that the Petitioners may 
be peaceably established in the Support of a Minister at Cohasset as 
is desired. And that they make Report of their Proceedings to the next 
Sessions of the Gen" Assembly : Sent down 

And Concur'd by the Representatives ; Provided that two Months 
Time be first allowed to the Petitioners, to apply them selves in a suit- 
able Manner to the Town, That the Affair may in the most peaceable 
Methods be accomodated among them selves ; But if after the said 
Time is expired the Petitioners (having so applied them selves with- 
out Success) Do attend the Committee herein constituted with their 
Desire, That in such Case, Cpt. Stephen French, Seth Arnold Esq"' 
M' John Ward, Cpt. Isaac Little ik, Coll. Adam Winthrop (Any four 
of them to be a Quorum as to this House) are nominated to join with 
the Committee of the Hon^'" Board for the Service above mentioned : 
Agreed in Council. \_Passed June 8. 



CHAPTER 23. 



ORDER FOR BUILDING A LIGHT HOUSE. 



I>egislative 
Records of the 
Council, ix., 
453. 

House Jour- 
nal, p. 18. 
Province 
Laws, ii., 7. 



Ordered that a Light House be Erected at the Charge of this Prov- 
ince at the Entrance of the Harbour of Boston on the same Place 
& Rates proposed in a Bill projected for the Town of Bostons Doing 
it. Accompanying this Vote, And that a Bill be drawn accordingly. 
\_Passed June 9. 



CHAPTER 24. 



Legislative 
Records of the 
Council, ix., 
4,53. 

House Jour- 
nal, p. 18. 



RESOLVE ALLOWING £12. 15. TO ROWL'' DYKE. 

[Upon] An Acoompt of Rowland Dyke of Dining the Hon''''^ House 
of Representatives on the Day of Electing Couucellours, Amounting 
to the Sum of Twelve Pounds fifteen Shillings ; 

Resolved that the Sum of Twelve Pounds fifteen Shillings be allowed 
& paid out of the publick Treasury to Rowland Dyke the Accomptant 
to discharge the said Ace". [^Passed June 10. 



£lsT Sess.] Province Laavs {Besolves, etc.). — lllb-lQ,. 395 



CHAPTER 25. 

VOTES RELATING TO A NEW SETTLEIkF EASTW». 

In Answer to the Proposal of Thomas Hutchhison & John Went- Le^risiative 
worth Esq" in Behalf of them selves «fe Partners; Recommended by Sn'mclr, ix.!*"^ 
the Comm"''' of the Eastern Claims, for the Settling of two Towns 4o3. 
forthwith in a regular & defensible Manner ; Legislative 

Voted that the said Towns proposed to be settled be accepted & coundUx.f^ 
encouraged according to their Report : That the Land platted Journ^^^*^l5 

for a Town from Pejepscott Falls to Maquoit in Casco Bay be con- Province^'" 
stituted a Township to be laid out the Quantity of Six Miles square i^^^^*>"->^- 
as the Land will allow, And to be called by the Name of Brunswick 
& forthwith settled in a defensible Manner: That the other Town 
platted in the Square of a Mile to the Eastward of Androscoggen 
River, fronting to Merry Meeting Bay be allowed & Accepted by the 
Name of Topsham, & be platted & laid out the Quantity of Six Miles 
square as the Laud Avill allow, And a Return made in some convenient 
Time to this Hon*'^" Court : 

Voted that, for the Satisfaction & Encouragement of those that offer 
to settle in the said Towns That this Court give a Confirmation to their 
Purchase as bounded & laid down in their Proposals with a Saving for 
any & all other Grants Titles, Interest or Estates that ma}' be found 
within the same. And particularly that of Harvard College, And Avith 
a Reservation of the Rights Improvements or Possessions of any Inhabi- 
tants or Proprietors ; Provided alwaies & It is to be understood, that 
those Persons shall be subject to such Regulations of this Court as have 
been made for their Settling in a defensible Maimer : 

Voted that the said Townships be freed from the Province Taxes for 
the Space of Five Years from their first Settling down, & this Court do 
Encourage the Ministry, as shall appear reasonable to them, Provided the 
Proposers on their Part perform what they offer for Encouraging a Minis- 
try, Minister & School, And Proceeding forthwith to grant such Tracts 
in Fee to such as will settle there ; And in Order to the Covering these 
Settlements, The Stone Fort near Pejepscot Falls be repaired. And that 
fifteen Men, one of which to be a Sergeant, with a Commission Officer 
upon Ensigns Pay, be placed there for the Protection & Assisttmce of 
the new Settlements, in the Room of the Fort or Trading House at 
Casco ; AYhich being much out of Repair, We are of Opinion, It is for 
his Majesties Service, That it be slighted & no longer continued : That 
his Excellency the Govern'' be desired to give his Orders accordingly 
& also for the Enlisting five Men, W^ with ten Men taken from Casco 
makes the Compliment for Brunswick ; And in Answer to the Repre- 
sentation of M' Edward Hutchinson they humbly offer. That the other 
Twenty Men of the Compliment that is now at Casco be removed to 
Arrowsick Island for their Covering for the Space of Six Months & 
no more. Agreeable to the Grant of the General Court : 

Voted that Major John Wheelwright M' Abraham Prebble, M' Joseph 
Hammond, Charles Frost Esq'' Cpt. John Leighton, And any three of 
them be a Committee to prosecute the regular Settlements of the Eastern 
Frontier, And that in Answer to the Petition of the Proprietors of Cape 
Porpus & Black Point to the Committee of Claims, The said Comm"=* 
be directed to lay out the Town Platts in a regular & defensible INLan- 
ner at the Charge of the Proprietors, & of such other Towns as shall 
offer, Agreable to the Order of the Court : 

Voted that the Memorials offered by the Rev'^ M"" Samuel Emery & 



396 



Province Laws {Resolves, etc.). — 1715-16. [Chaps. 26-28.] 



M'' Samuel Moodey be referred to the said Committee, to report the 
State of Winter Harbour : 

Voted that agreable to the Report of the Committee of Claims, relat- 
ing to a Road to the Eastern Settlements, We are of Opinion, That it 
is necessary that a Road be laid out in the most convenient Place from 
Wells or Newichawonnock to Pejepscot Falls as shall be thought most 
convenient & practicable, And a Computation made of the Charge be 
laid before this Court, And that it be an Instruction to the said Com- 
mittee to Cause the same to be [performed] ^ and to make their Report 
of the Place & Charge ; And that a Committee of both Houses be ap- 
pointed to prepare the Draught of an Act for Settling & Quieting the 
Titles of the Lands that are to the P^astw*^ of Piscataqua River. 

By his Excellency the Governour : At the Desire of the Coun- 

cil and Representatives, I shall give Warrants to draw out nineteen 
Men & an Ensign from Casco Fort for Arrowsick : And shall also raise 
fifteen Men for Brunswick with a Commission Officer for the Service 
Projected : But cannot at present see Reason to demolish the Forti- 
fication at Casco, Untill his Majesties Pleasure be known thereon. 
[^Passed June 10. 



CHAPTER 26. 

ORDER GRANTING THE PETITION OF THO. FITCH ESQ« &c FOR CON- 
TINUANCE OF LOAN. 



Legislative 
Records of the 
Council, ix., 
455. 

House Jour- 
nal, p. 19. 



Upon reading a Petition of Thomas Fitch Esq"" Mess" Nathaniel 
Carey, Charles Chambers, Samuel Greenwood & Oliver Noyes of Bos- 
ton Merchants Praying a longer Continuance for one Year more of the 
Sum of Three Thousand eight Hundred & twelve Pounds eight Shil- 
lings & seven Pence of the Loan for Setting forth the intended Expe- 
dition for Canada ; 

Ordered that the Prayer of the Petition be granted. \_Passed June 10. 



CHAPTEE 27. 



Legislative 
Records ot the 
Council, ix., 
455. 

House Jour- 
nal, p. '20. 



ORDER ON NATH"' HENCHMANS PETITION FOR CONTINUANCE OF LOAN, 

UroN READING a Petition of Nathaniel Henchman Merchant, Pray- 
ing Respit for one Year longer, for his Paying in the Sum of Fourteen 
Hundred Pounds, Part of the Loan of the publick Bills of Credit by 
him received out of his Majesties Treasury of this Province ; 

Ordered That the Prayer of the Petition be Granted. [Passed June 10. 



Legislative 
Records of the 
Council, ix., 
4.10. 



CHAPTER 28. 

ORDER ON CONSTANT FREEMANS PETITION IN REGARD TO CAPE COD. 

Upon reading a Petition of Constant Freeman Representative of 
the Town of Truroe on Behalf & by Direction of said Town, Shew- 
ing that several of the Inhabitants of Cape Cod do frequently reside 

» Inserted from the State Library copy, Legislative Records of the Council, ix., 390. 



[1st Sess.] Province Laws {Resolves, etc.) . — 1715-16. 397 

in the said Town of Trnroe, & yet do refuse to do their Duty or be House .Tour- 
governed by the said Town alledging that they are no Part thereof, Province 
Praying that Cape Cod may be declared & made a Part of the Town ^"'^^' ^•' "*^- 
of Truroe, that so the Inhabitants thereof may be under the Govern- 
ment of the said Town, or that Cape Cod may not belong to Truroe, 
& so the Inhabitants thereof are not under the Jurisdiction & Gov- 
ernment of the said Town, that the Town may conform them selves 
accordingly ; 

Ordered that the Petitioners serve the Inhabitants of the Precinct 
of Cape Cod, or the Principal of them, with a Copy of this Pef^"" That 
they may shew Reason if any they have, Why the Prayer thereof should 
not be granted, On the first Tuesday of the next Session of this Court, 
And also w^hy they do not entertain a learned orthodox Minister of the 
Gospel to dispence the Word of God to them as they are directed by 
an Act of this Court made the last Year for that End. \_Passed June 10. 



CHAPTER 29. 

ORD» ABOUT SOLDIERS AT CASTLE W". 



Ordered that four Shillings & ten Pence Half Peny per Man per Week Legislative 
Tdc allowed for the Victualling the Garrison at Castle William for the council^, fx., '^ 
Space of one Year next ensuing ; 1^2: 

And that no Person what soever voluntarily enlisting him self for his House Jour- 
Majesties Service at the said Castle shall on any Occasion what soever ' ' ' ' 
be removed from thence for Service elsewhere. \_Passed June 10. 



CHAPTER 30. 

•ORDER ON THE PETITION OF FRAN. AiLEN OF KITTERY IN REGARD 
TO MAINTAINING THOMAS YOUNG. 

Upon reading a Petition of Francis Allen of Kittery, Setting forth Legislative 
that before Berwick was sett off a separate Township from the Town councu! ix.f ^^ 
of Kittery, He agreed with Kittery for Twelve Pounds a Year to main- ^ 



tain Thomas Young a blind impotent Man of that Town, But since House Jour- 
Berwick is made a separate Township, Kittery refuses to pay him, "'^ ' i'' * • 
And that he can obtain no Remedy in the Law, by Reason that the 
Justices of the Inferiour Court for that County, are Inhabitants of 
Kittery & Berwick, & refuse to be Judges in their own Cause ; 

Ordered., that the Town of Berwick pay the same Proportion of the 
Twelve Pounds mentioned in the Petition during the Time of the im- 
potent Mans Necessities that they paid in y* last Town Rate, when 
they were Part of the Town of Kittery. \_Passed June 10. 



CHAPTER 31. 

ORDER ON SAMi-i- PATRIDGES PETITION ABOUT NORTHFIELD. 

Upon reading a Petition of Samuel Patridge & John vStoddard P^sq" Legislative 
& M-^ Henry Dwight, the Committee for Settling the Town of North- councurix?^ 
field, Praying the Direction of this Court in sev" Articles relating to ^"e. 
the Settlement of the said Place ; 



398 



Province Laws (Resolves, etc.). — lUb-U. [Chaps. 32-34.] 



House Jour- 
nal, p. 19. 



Ordered that the Order of this Court pass'd at their Session in Feb- 
ruary 1713 : for Settling the Town of Northfield be continued for three 
Years longer : That the Committee be directed to settle the Town 

in the most regular & defensible Manner that may be : That all 

Town Taxes in Northfield for the Space of Five Years next coming 
be raised on Polls as the Law directs, & on the Lands that are or shall 
be divided or allotted out And that where a General or common Field 
or Fields is agreed upon to be fenced in for Improvement, the Pro- 
prietors of the inclosed Land shall pay their just Proportion towards 
the Charge of Making & Maintaining their Fence Avhither they improve 
their Land or no ; And if any such Proprietors are out of the Province, 
& cannot be obliged by the Law to pay their just Proportion of such 
Charge, then their -enclosed Lauds shall stand chargeable therewith 
untill it be paid. [Passed June 10. 



CHAPTER 32. 



ORDER CONFIRMING A PLAT OF LAND TO JOHN HIGGINSON. 



Legislative 
Records of tlie 
Council, ix 



A Platt [being] presented of One Hundred & forty three Acres 

of Land, lying two Miles & an Half Northerly from Merrimack River, 

Pians^^v^,^^?*^ l^i^^ o^t ^y John Gardner Surveyour to John Higgiuson Escf to make 

his Grant of Four Hundred & sixty Acres, Which fell short of that 

Quantity between Dracut East Line & Major Denisons Farm ; 

Ordered That the Land therein Described And Platted, be Confirmed, 
to John Higginson Esq"" Provided It doth not Intrench upon any former 
Grant. \_Passed June 10. 



House Jour- 
nal, p. il. 



CHAPTER 33. 



RESOLVE ALLOWING £35. TO D'' ROBERT ELLIS. 



Legislative 
Records of the 
Council, ix., 
457. 

House Jour- 
nal, p. 21. 



Upon the accompt of D"' Robert Ellis presented, for Medicines & 
Dressing Serg' Daniel Tucker wounded in the publick Service ; 

Resolved that the Sum of Thirty five Pounds be allowed & paid out 
of the publick Treasury to D"^ Robert P^llis the Accomptant for his Ser- 
vice mentioned in his Bill on the other Side. \_Passed June 11. 



CHAPTER 34 



ORDER OF HEARING ON THE PETITION OF THO. PATCH & INHARts OF 
Y« TOWN OF WENHAM ALLEGING ILLEGAL USE OF PUBLIC MONEY. 



Legislative 
Records of the 
Council, ix., 
457. 

House Jour- 
nal, p. 20. 
Post, p. 405, 
chap. 56. 



Upon reading a Petition of Thomas Patch & others Inhabitants of 
the Town of Wenham, Setting forth that the last Years Select Men of 
the said Town did in an illegal & unjust Manner draw Money out of the 
Treasury of the said Town, Praying this Court to take Cognizance & 
redress the Wrong ; 

Ordered that the Petitioners forthwith serve Samuel Kembal, John 
Porter, William Rogers & Caleb Kembal, who were Select Men of 



[1st Sess.] Province Laavs {Resolves, etc.), — 1715-16. 399' 

Wenhain the last Year, «fe Samuel Porter that was then Constable 
with a Copy of this Petition, &, a Direction to appear before this 
Court on Fryday the seventeenth Curr' to answer the CompP thereof. 
\_Passed June 11. 



CHAPTER 35. 

ORDER ON A REPRESENTATION OF THE PROPRIET^^ OF RUTLAND IN 
REGARD TO TITE PROPER LAYING OUT THE TOWN. 

The Proprietors of the Town of Rutland, having represented to Legislative 
this House, That the Direction given by this Court at their last Ses- coundUx.f ^ 
sion, for the Laying out of the said Township contiguous to the Town |;^s- Mapsand 
of Lancaster (which was then so Ordered to preserve a regular Face — '- — '■ — - — '— 
to the Frontiers, & not leave a Slip of Land between the said Towns nali^p! '2-2!"'^ 
too small for a Township) will remove them in some Manner from 
the Lands they had purchased of the Natives ; And having proposed 
& petitioned that the Form & Place of their Township may be as 
described in this Piatt, W^*" will help the said Inconvenience ; 

Ordered That the S*^ Propriet" be Directed, [to] ^ Protract, & Lay 
out their Grant of Land for a Township named as aboves*^ agreeable 
to the Plat above Delineated, by a Survey'' & chainmen under Oath, 
(to be so returned on the Plat) reserving, & Laying out for this Prov- 
ince One Thousand Acres of Land, in the Angle between Worcester 
& L[ei]^ster in a figure as near a Sqvare as they can, and Lay the Piatt 
[so] ^ Taken, before this Court for Confirmation. [Passed June 13. 



CHAPTER 36. 

COMMTEE FOR BUILDING Y^ LIGHT HOUSE. 



The following Order pass'd in the House of Representatives ; Legislative 

Ordered that M"^ William Payne, Coll. Samuel Thaxter & Coll. Adam SSfi.*''®' 
Winthrop with such as the Hon"'' Board shall join, be a Committee to 459. 
build a Light House at the Entrance of Boston Harbour, Pursuant to House Jour- 
the Vote of this Court; Read & Concur'd, And the Hon'''* Wil- "'"^'•p^*- 

liam Taller Esq'" & Addington Davenport Esq"" joined in the Affair 
aforesaid. [Passed June 14. 



CHAPTER 37. 

ORDER REAPPOINTING THE COMM^ee TO SETTLE YE LINE BETWEEN 
THIS GOVERNM^ & RHOAD ISLAND. 

Voted that the Line between this Province & the Colony of Rhoad Legislative 
Island as per Agreement between Commissioners of both Governments council, ix., 
mett at Roxbury on' January 19"' 1710; & begun to be investigated *^ 



by the 23*^ of April following according to said Agreement, from the House Jour- 
Stake sett up by Woodward & Saffrey, then runned be finished ; And 
the former Committee for this Province be revived & fully impowered 



1 MS. mutilated. 



400 



Province Laavs {Resolves, etc.). — 1715-lG. [Chaps. 38-41.] 



to perfect the said Line, Giving timelj^ Notice to the Committee or 
Government of Rhoad Island of the Time & Place of their Meeting ; 
And upon their Refusing or Neglecting, The Committee for this Prov- 
ince be directed to proceed & perfect said Line according to the afore- 
said Agreement now on Record. \_Passed June 14. 



CHAPTEE 38 



ORDER CONTINUING THE LOAN TO ANDREW & JON'^ BELCHER. 



Legislative 
Records of tlie 
Council, ix., 
459. 

House Jour- 
nal, p. 23. 



Upon reading a Petition of Andrew & Jonathan Belcher Merchants 
Relating to the Canada Expedition ; That they have advanced more than 
the Loan they have had from the Province, And there being still due from 
them One Thousand four Hundred Pounds per their Bond to the Treas- 
urer of this Province Praying, the Continuance of the said Sum upon 
Loan for four Years still to come, as others have had it four Years 
past ; 

Ordered that the Prayer of this Petition be so far granted, That the 
said Fourteen Hundred Pounds be lent to the Petitioners for one Year 
more. \_Passed June 14. 



CHAPTER 39. 

VOTE ALLOWING THE ACCOUNTS OF THE TREAS'' OF Y^ COUNTY OF 

SUFFOLK. 

Records'of the '^^^ AccoMPTS of Jeremiah Dummer Esq^ Treasurer of the County 

couucii.ix., of Suffolk for the Years 1713. & 1714. 

— Allowed by the Represent''^^ Read & Concur'd. [^Passed June 14. 

House Jour- 
nal, p. 25. 



CHAPTER 40. 

VOTE ALLOWING THE BRISTOL TREAS" ACC^. 

Recordfof the '^^^ AccoMPTS of Nathaniel Payne Esq"^ Treasurer of the County of 

Council, ix., Bristol for the Years 1713, & 1714. 

-^ Allowed by the Represent'^^ Read & Concur'd. [^Passed June 14. 

House Jour- 
nal, p. 25. 



CHAPTER 41. 



VOTE ALLOWING THE BARNSTABLE TREAS^^ ACC^. 

R^foiKf the The Accompts of John Otis Esq^ Treas^ of the County of Barnstable 

Council, ix., for the last Year; Allowed by the Represent''^'' Read & Concur'd. 

~ — . [Passed June 14. 

House Jour- 
nal, p. 25. 



[1st Sess.] Province Laws (liesolves, etc.). — 1715-lG. 



401 



CHAPTER 42. 

VOTE ALLOWING MDDX TREAS^s ACC. 

The Accompts of Daniel Russel Treasurer of the County of Mid- 
dlesex, for the Years 1711, 1712, 1713, & 1714. 

Allowed by the Represent"''^ Read & Concur'd. [Passed June 14. 



LeglBlative 
Records of the 
Council, ix., 
460. 

House Jour- 
nal, p. 25. 



CHAPTER 43. 

ORDER ON THE MERCH™ PETITION ABOUT THE LOAN. 

Upon reading a Petition of Jeremiah Dummer Esq"" & others Mer- Legislative 
chants & Traders in this Province, Praying that the Time for Paying couacif ?x.*^^ 
in the remaining Third Part of the Bills of Publick Credit lent to them 4fio. 
in the Year 1711 : by the General Assembly, to finable them to sup- House Jour, 
ply the British Troops then designing an Expedition against Canada, "^^' ^^" "^' 
may be prolonged for one Year more, for as much as One Third Part 
of the Bills of P^xchange on the Lord High Treasurer of Great Britain 
for those Supplys yet remains unpaid ; 

Ordered that the Prayer of this Petition be granted. And that the 
Bills outstanding in the Petitioners Hands & those alike concern'd be 
lent to them for one Year more ; And that the Committee that this 
Court imployed to lend out the Bills & take Security for their Repay- 
ment be revived & impowered to review & consider the Bonds & Secu- 
rity given for the same. As well those on which the After Ten Thousand 
Pounds Loan was issued, as those which this Petition refers to. And 
that such of the Bonds wherein any of the Obligors are dead removed 
out of the Province, or by adverse Providence considerably impaired 
in their Estate, or wherein the Security refuse to continue so, be sued 
out when due, Unless other & further Security sufficient be given to 
the Satisfaction of the Comm"^'= The Obligors to pay the Comm""* for 
their Trouble. [Passed June 14. 



CHAPTER 44. 



RESOLVE ALLOWING £25. 3. 3. TO JN'' CAMPHEL. 



Resolved that the Sum of Twenty five Pounds three shillings and ^fords'ofthe 
three pence be allowed & paid out of the publick Treasury to M"" John council, ix., 

Camphel in full of his Ace' of Postage of publick Letters to the third ^^ 

Currant. \_Passed June 14. nall'ppS'ije. 



CHAPTER 45. 



ORDER UPON THE PETITION OF THE SELECT MEN OF SUFFIELD. 

Ordered that the Inhabitants of the Town of Suffield ])e Ordered to Legislative 
meet the first Monday of July next, & then to Chuse all Town Officers (?^X'?fJi^^^ 
to serve for the Remainder of the Year, And that the Select Men of 46i. 



402 



Province Laws {Resolves, etc.). — 1715-16. [Chaps. 46, 47'.] 



House Jour- 
nal, p. 26. 



the last Year, be directed & impowered to give the Inhabitants Notice 
to convene together according to the Order of this Court. {^Passed 
June 14. 



CHAPTER 46. 



VOTE ACCEPTING THE REPORT OF THE COMM^ee tO RUN Y^ LINE 
BETWEEN GROTON & NASHOBA. 



Legislative 
Records of the 
Council, ix., 
461. 

House Jour- 
nal, p. 4. 



The following Report of the Committee to run the Line between 
Grotou «fe Nashoba ; Accepted by the Represent"""' Read & Concur'd ; 
Viz, 

We the Subscribers appointed a Committee by the General Court 
to run the Line between Groton & Nashoba, & to lay out Five Hun- 
dred Acres of Land in said Nashoba to the Descendants of the Indians ; 

Pursuant to said Order>of Court bearing Date Oct. 20"" 1714. We the 
Subscribers return as follows ; That on the 30"^ of November last 

We mett on the Premises, & heard the Information of the Inhabitants 
of Groton Nashoba & others of the Neighbouring Towns referring to 
the Line that has been betAveeu Groton &, Nashoba, & seen several Rec- 
ords out of Gi'oton Town Book, & considered other Writings that belong 
to Groton & Nashoba, And we have considered all, & We have run the 
Line, (which we account is the old Line between Groton and Nashoba) 
We began next Chelmsford Line at a Heap of Stones, Where we were 
informed that there had been a great Pine Tree, the North East Corner 
of Nashoba, And run Westei'ly by many old mark'd Trees to a Pine 
Tree, standing on the Southerly End of Brown Hill mark'd N, And 
these mark'd Trees had been many Times mark'd or renewed, tho they 
do not stand in a direct or streight Line to said Pine Tree on said 
Brown Hill, And then from said Brown Hill We turned a little to the 
East of the South &, run to a White Oak being an old Mark, And so 
from said Oak to a Pitch Pine by a Meadow being an other old Mark, & 
the same Line extended to a AVhite Oak near the North East Corner of 
Stow, And this is all as We were informed that Groton «fe Nashoba joins 
together. Notwithstanding the Committees Opinion is That Groton Men 
be continued in their honest Rights, tho they fall within the Bounds of 
Nashoba. And we have laid out to the Descendants of the Indians Five 
Hundred Acres at the South East Corner of the Plantation of Nashoba, 
East Side, Three Hundred Pole long. West Side, Three Hundred Pole 
long South & North Ends, Two Hundred &, eighty Pole broad, A large 
White Oak mark'd at the North West Corner, & many Line Trees we 
mark'd at the West Side & North End, & it takes in Part of two Ponds. 

iHoPESTiLL Brown 
Tlai« Wily 
Joseph Burnap 
\_Passed June 14. 



CHAPTER 47. 



VOTE ACCEPTING THE REPORT OF Y^ COMM^k tO RUN Y^ LINE 
BETWEEN SHERBURN & FRAMINGHAM. 



R^ w!?s o^fth ^^ '"'^^^ Subscribers being appointed by the Great & General Court 
Council, ix., or Assembly at their Session in June 1701 : to settle the Line between 
the Towns of Sherburn *fe Framingham, & to determine who should be 



462. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1715-16. ttOS 

at y® Charge thereof, Did pursuant to the Order of the said Court inves- iiouse Jour- 
tigate & run the said Line ; AVe have hitherto received no Recompence "''*• p- ^^" 
for said Service, the Charge whereof We are of Ctpinion ought to be 
born, One Third Part thereof by Sherburn & the other two Third Parts 
by Framiugham : We were each of us seven Days in said Service, W*^** 
we pray the hon*"'^ Court woukl direct our Pay for. 

Stephen Francis, 
JosiAH Converse, 
John Ware. 

Ordered that this Report be accepted, And that the Committee be 
paid accordingly, four Shillings a Day to each of them for the Time 
of their Service. [^Passed Jane 14. 



CHAPTER 48. 

ORDER CONFIRMING A PLAT OF LAND TO SAMi-i- PRINCE. 

A Plat of Five Hundred Acres of Land [being] presented by Samuel Legieiatire 
Prince lying on Hadley Road on Ware River surveyed by William Ward counciUx./^ 
Survey'' being a Grant of that Quantity of Acres by the General Assem- pians^^iv^^s-''"* 
bly to Richard Hollingsworth in the Year 1673 : r; — ' — '^—^^ 

Ordered That the Piatt, on the other Side be Allowed, and Confirmed, Archives, lix., 
as the Five Hundred Acres of Land Granted by this Court to Richard pian8^^iv';**i5"^ 
Hollingsworth anno 1673. If That Grant, has not been Laid out afore. House Jour- 
and this Plat Do's not Interfere, with any prior Grant. [^Passed June 14. °^ ' ^' '*'' 



CHAPTER 49. 

ORDER REFERRING TO THE NEXT SESSION CONSIDERATION OF THE 
HAMLET PETITION, IPSWICH. 

In the Case of Cpt. Matthew Whipple & John Whipple &c, of the Legislative 
Precinct in Ipswich called the Hamlet Heard this Session ; Councif i*x '*** 

Ordered that the Consideration of this Petition be defer'd to the next 46i. 
October Session, And that in the mean Time the Petitioners make their House .lonr- 
Application to the Town of Ipswich, & join with them in Settling the ^^^' P" "^' 
Partition Line between them. That a further Consideration of this Peti- 
tion may be then had. \_Passed Jane 15. 



CHAPTER 50. 

ORDER ON THE HON'-'^^ W-^' TAILERS PROPOSAL ABOUT SOLDIERS AT 

CASTLE WILLIAM. 

Upon reading a Proposal of the Hon"^ William Tailer Esq'' Lieu- jLegisiativc 
tenant Govern' & Commander of his Majesties Castle William, Moving councff f' ^'^^ 
that a Coat & Pair of Breeches out of the publick Stores may be given 463. 
to each of the enlisted Soldiers at the said Castle, In Consideration that House Jour- 
they have twenty Shillings Bounty Money less than at their last Enlist- ^^^ ^' '^~' 



404: 



Province Laws (liesolves, etc. ) . — 171 5-16 . [ Chaps . 5 1-53 . ] 



Legislative 
Kecords of the 
Council, ix., 
463. 

Maps and 
Plans, iv., 36. 
House Jour- 
nal, p. 27. 



iiig & one Year of Service added besides a great Deal of Labour they 
must necessarily perforin ; 

Ordered tliat the Allowance proposed by the Hon''''^ the Lieutenant 
Govern"' on the other Side of a Coat & Pair of Breeches to each one 
of the enlisted Soldiers at the Castle out of those in the publick Stores 
be granted. [^Passed June 15. 



CHAPTER 51. 

ORDER APPOINTING A COMMITTEE ON TOWN OF STOWS PETITION 

ABOUT BOUNDS. 

Upon reading a Petition of Zebadiah Wheeler in Behalf of the Town 
of Stow, Praying this Coui't to give Order for the Running & Settling 
the Line between the said Town & the Town of Concord, Which the 
said Towns cannot agree in among them selves ; 

Ordered that Cpt. Josiah Converse, M"" John Sternes & Cpt. John 
Houghton be a Committee to investigate & settle the Bound Marks 
between the Towns of Stow & Concord (if the said Towns do not 
agree therein them selves by the last Day of November next) And 
make Report to this Court of their Doings, & of their Opinion, By 
whom of Right the Charge of the Committee ought to be born. 
[^Passed June 15. 



CHAPTER 52. 



RESOLVE ALLOWING 5/. A DAY TO Y^ GENT^ OF THE COUNCIL FOR 
ATTEND A IN THE YEAR 1701. 



Legislative 
Records of the 
Council, ix., 
463. 

House Jour- 
nal, p. 27. 



An Accompt [being] presented of the several Days that each of 
the Hon'''^ Gentlemen gave their Attendance to exercise the Power 
of the Governour & Council, when the Geii^^ Court was not Sitting 
from the tenth Day of July 1701 : to the eleventh Day of June 
1702. W"'' was from the Death of Lieutenant Govern' Stoughtou to 
the Arrival of his Excy. Govern'' Dudley. 

Resolved that five Shillings per Day be allowed & paid out of the 
publick Treasury for each l3ay, the Gentlemen of the Hon''''' Council 
attended to exercise the Power of the Governour & Council, as on 
the other Side, To each one of them (or such who legally represent 
them) the Sum annexed to their Name, The Whole amounting to Two 
Hundred Thirty five Pounds & five Shillings. \_Passed June 15. 



CHAPTER 53. 

RESOLVE ALLOWING FIVE SHILLINGS F DAY TO V- GENT^ OF THE 
COUNCIL FOR ATTEND'^ IN 1714. 



Legisl.ative 
Records of the 
Council, ix., 
464. 

House Jour- 
nal, p. 27. 



An Accompt [being presented] of the several Days that each of the 
Hon"^ Gentlemen of the Council gave their Attendance to exercise the 
Power of the Governour & Council when the General Court was not 
Sitting after the Expiration of the six Months from the Demise of 



[1st Sess.] Province Laws {Resolves, etc.). — 1715-16. 405 

Queen Ann to the Arrival of his Majesties Proclamation for the Con- 
tinuance of Officers ; Viz, from Febr^ 4. to March 21. 1714 : 

Resolved that Five Shillings per Day be allowed & paid out of the 
publick Treasury for each Day the Gentlemen of the Honourable Coun- 
cil attended to exercise the Power of the Governour & Council, as on 
the other Side, To each one of them (or such who legally represent 
them) the Sum annexed to their Names ; The whole amounting to the 
Sum of Fifty eight Pounds & eight Shillings. \_Passed June 15. 



CHAPTEK 54. 

ORDER CONFIRMING A PLAT OF LAND TO JOS. GREEN CLERK. 

A Platt [being] presented by Joseph Green of Salem Clerk of Three Legislative 
Hundred Acres of Land laid out by John Gardner Surveyour under counc'^i^ ix *^^ 
Oath & the Chain jNIen under Oath, being a Grant formerly made to *64. 3iaps 'and 
Marshall General Mitchelson ; ^^^""' '^- '^^- 

Ordered That the Platt, on the other Side be Allowed & Confirmed ^^^{^^^ 28."'"" 
as the Three Hundred Acres of Land, formei'ly Granted to Marshall 
Gener" Edward Mitchelson, Provided It Intrench upon no prior Grant. 
\_Passed June 15. 

CHAPTEE ^B. 

ORDER ON JN" & NATHi-i- HIGGINSONS PETITION FOR LAYING OUT LAND 
GRANTED TO JOHN HIGGINSON. 

Upox reading a Petition of John Higginson jun"" & Nath" Higginson Legislative 
both of Salem Praying that a Farm of Seven Hundred Acres of Laud coSndUx.f^ 
granted by the General Court to the Rev'' M"" John Higginson laid out 464. 
& bounded in October 1669. on the North Side of Merrimack River House Jour, 
lying upon Haverhill Line by a Pond formerly called Haverhill Bound ^^^' ^" ^^' 
Pond, may be laid out & bounded a new by one or more able Sur- 
veyours, the former Marks being defaced and destroyed by the Fire 
in those Woods, & great Number of Trees being blown down, so that 
the Bounds of the said Farm can not be found out : 

Ordered that the Prayer of the Petition be granted. And that the 
Plat be taken by a skilful Surveyour & Chain Men under Oath (to be 
so Certified thereon) & to be return'd to this Court for Confirmation. 
\_Passed June 15. 



CHAPTER 50,. 

ORDR UPON SELECT MEN OF WENHAMS CASE. 

The following Order pass'd in Council in the Case of the Select Legislative 
Men of Wenham heard this Day ; Viz, ^^nM, 'ilT 

John Appleton, John Higginson, Thomas Noyes, Samuel Appleton ^ 

& John Burrill Esq" Justices of the Peace in the County of Essex are House Jour- 
appointed to hold a special Session in the Town of Wenham some Time ^nte,'^%9», 
in the Month of July next, If the Parties are not agreed before (Giving <^'^'*p- ^• 
Notice of their Coming) to Hear & Determine the Matter in Contro- 
versy contained in the Petition & Papers, And to Make Report of their 



406 



Province Laws (^Resolves, etc.). — 1715-16. [Chaps. 57-59.] 



Legislative 
Recorris of the 
Council, ix., 
466. 

House Jour- 
nal, p. 29. 



Doings thereiii to this Court at their next Session ; The Town to bear 
y* Charge 

Coucur'd by the Representatives, The Session to be some Time in 
September. [^Passed June 17. 



CHAPTER 57. 



ORDER ON WIGGLESWORTH SWEETSERS PETIT'* FOR LAYING OUT 

LAND. 

Upon reading a Petition of Wigglesworth Sweetser & Ursula his 
"Wife, Praying that Three Hundred Acres of Land confirmed to them 
by the Gen" Assembly at their Session in May 1714 : may be laid out 
to them by some meet Person or Persons appointed by this Court ; 

Ordered that the Petitioners may employ a skillful Surveyour and 
Chain Men under Oath, to lay out the said Three Hundred Acres of 
Land & present a Plat thereof to this Court for their Confirmation. 
\_Passed June 1 7. 



CHAPTER 58. 



ORD'' ON EZEK. BULLS PETIT"^' COMPLAINING OF A JUDGMENT. 



Legislative 
Records of the 
Council, ix., 
465. 

House Jour- 
nal, p. 30. 



Upon reading a Petition of Ezekiel Bull of Newport in the Colony 
of Road Island, Shewing that in an Action against Aaron Mellish, 
which he brought by Appeal before the Superiour Court of Judicature 
lately holden at Bristol, through Hast & Neglect the Clerk of the In- 
feriour Court delivered him his Reasons of Appeal not sealed, W*" he 
so delivered into Court, «fc thereupon his Action was dismist & he is 
left without Remedy in the Law ; Praying that a further Hearing may 
be Ordered him ; 

Ordered that a Hearing be had of the Action before the next Supe- 
riour Court to be holden at Bristol within & for the County of Bristol, 
The Petitioner to serve the adverse Party with a Notification, so that 
he may have Time to make his Defence. \_Passed June 18. 



CHAPTER 59. 



MARY COLES PETITION FOR POWER TO MORTGAGE LAND REFERRED. 



Legislative 
Records of the 
Council, ix., 
465. 

House Jour- 
nal, p. 31. 



The Petition of Mary Cole of Boston A\^idow, Praying that she may 
be Enabled to mortgage the House & Lauds which were her late Hus- 
bands Henry Coles, for four Hundred Pounds that she may redeem them 
from a Mortgage of Three Hundred Pounds, & to pay other Debts ; 

Read & Referred to the Superiour Court. [^Passed June 18. 



[1st Sess.] Pkovince Laws {Besolves, etc.). — 1715-16. 407 

CHAPTER 60. 

ORD« ON WAIT WINTHROP ESQ« MEM" TO LAY OUT A TRACT OF LAND. 

Upon the Memorial of Wait Winthrop Esq'' Ji*^^^*'?*^^?.. 

xiCCortls 01 tn6 

Ordered that the Prayer of the Petition be so far granted that the council, ix., 

Petitioner may implo}' at his own Charge an able Surveyour with Chain — 

Men nnder Oath to hiy out Four Miles square of Land, W^'^ shall include R^foi-lfg 'Jf the 
the Black Lead Mines, that have been opened in the Hill Tantiusques Council, ix., 
mentioned in the Petition without Intrenching upon any former Grant, Houtl*'.jmir. 
And present a Plat thereof to this Court for Confirmation at their Ses- "ai, p. 16. 
sion the next Autumn, & that the Surveyour & Chain Men were under 
Oath to be Certified on the Piatt. [Passed June 18. 



CHAPTER 61. 

ORDER CONFIRMING THE RETURN OF A PLAT OF LAND GRANTED JN^ 

HIGGINSON ESQ«. 

A Plat [being] Presented by John Higginson Esq"' of Three Hun- Legislative 
dred and seventeen Acres of Land laid out to him by John Gardner couuciux.!^^ 
Surveyour on the North Side of Merrimack River near Dracut Line, **>"■ Maps and 

• i liins IV *^5 

being the remaining Part of Four Hundred & sixty Acres granted him '- — '-^-^^-^ 

by the General Assembly in October last ; ^al^^p. 28.^"^' 

Ordered That the Land therein Described, and Platted, be Confirmed 
to the Hon'''" John Higginson Esq'' Provided It Intrench upon no prior 
Grant. [Passed June 18. 



CHAPTER 62. 

ORDER CONFIRMING THE RETURN OF A PLAT OF LAND GRANTED TO 

JN" PYNCHON ESQ«. 

A Plat [being] presented by John Pynchon Esq' of Five Hundred Legislative 
Acres of Land laid out to.him by John Chandler Surveyour, lying on counciux., ^ 
the Southward End of a certain Hill called Coys Hill upon or near the pi^^nJ^^v'^ss'^*^ 
West Bounds of Brookfield being a Grant made to his Father John Pyu- ' ' 

chon Esq"' by the General Assembly in the Year 1659 : nai, p. so. 

Ordered That the Land Described, & Platted on the other Side, be 
Allowed, and Confirmed as the first halfe of the Grant, made to John . 
Pynchon Esq"^ dec'' Anno. 1659. Provided It Intrench upon no prior 
Grant. [Passed June 18. 



CHAPTER 63. 

ORD» ON JON-^ HASTING & JOB BULLS CASE. 

The following Order pass'd in Council in the Case of Jonathan Legislative 
Hastings against Job Bull; Concurred by the Representatives: Records of the 

-T-. a i=> J 1. 1 Council, IX., 

Viz, 467. 



408 



Pkovince Laws {Resolves, etc.). — 1715-16. [Chaps. 64-66.] 



E^Tp! 23*"^" Ordered that a Hearing be had of the said Actions at the next Supe- 

riour Court to be holden at Cambridge for the County of Middlesex, 
As tho the same properjj lay before that Court by Appeal ; The Peti- 
tioner to give y^ adverse Party timely Notice thereof. \_Passed June 18. 



CHAPTEE 64. 



ORDER ON THE PETITION OF JAMES HAYNES &c ABOUT A PLAT 

LAND. 



OF 



Legislative 
Records of the 
Council, ix., 
468. Mass. 
Archives, 
ccxliii., 19. 

Legislative 
Records of the 
Council, ix., 
16. House 
Journal, p. 32. 



Upon reading a Petition of James Haynes & David Haynes in Behalf 
of them selves & the Rest of the Children & Heirs of M' John Haynes 
formerly of Sudbury Dec*^ Praying a Confirmation of a certain Tract 
of Land bought by their said Father John Haynes of Joseph Robins 
& Benjamin Anthony Indian Proprietors &c. 

Ordered That the Petitioners may take a Piatt of the Land mentioned 
in their Petition, by a sworn skilfuU Surveyour and Chain men under 
Oath, at their own Charge and Lay it before this Court for Confirma- 
tion. \^Passed June 20. 



CHAPTER 65. 



VOTE ON THE PETIT^ OF RICH^ COOMES & HIS WIFE. 



Legislative 
Records of the 
Council, ix., 

468. 

Ante, chap. 4. 
House Jour- 
nal, p. 31. 



Upon the Petition of Rich*^ Coomes & Hephsibah his Wife, Heard 
this Session ; 

Voted that the Petitioners ought to have the Equity of Redemption 
Inasmuch as the Mortgage made to Florence Maccarty by Joseph 
Newell the Father of the Petitioners was not recorded until April 7. 
1714. By Reason whereof they were defeated of the Benefit of an Act 
entituled An Act for Hearing & Determining Cases in Equity made & 
pass'd in the tenth of William the third &c : And that they be 

impowered to file a Bill for their Right or P^quity of Redemption in the 
next Court or Courts of Law proper to hear the same. \_Passed June 21 . 



CHAPTER 66. 



ORDER ALLOW^ING AND CONFIRMING THE SUTTON PLATT OF LAND. 



Records^oTthe ^ Plat [being] presented by the Proprietors of the Township of 
Council, ix., Sutton Containing the Quantity of Eight Miles square of Land, Four 
Pians^^iv',^22"'^ Miles square belonging to the Indians of Hassanimiscoe being Part 
thereof : 

Ordered That the Land Described and Platted on the other Side, be 
Allowed & Confirmed, to the Propriet" of the Township of Sutton, 
Provided It Intrench upon no former Grant. [Passed June 21. 



House Jour 
nal, p. 31. 



[1st Sess.] Province Laws {Resolves, etc.). — 1715-16. 409 



CHAPTER 67. 

RESOLVE THAT £20. BE ALLOWD FOR THE MINISTRY AT FREETOWN. 

Resolved that the Twenty Pounds allowed out of the publick Treas- Legislative 
ury towards the Maintenance of the Ministry in the Town of Freetown ^unclf ?x.'^° 
the last Year but not drawn out (They not being supplied with a Min- ^'■•>- 
ister) be allowed for that End in the Year Curr' Provided they procure House Jour- 
& entertain a Minister this Year. [^Passed June 21 . ^^^' ^^- ^^- 



410 



Province Laws {Resolves, etc.). — 1715-16. [Chaps. 68, 69.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twentieth Day of July, A.D. 1715- 



Legislative 
Records of the 
Council, ix., 
472. 

House Jour- 
nal, p. 26. 
Sewall's 
Diary, ii., 416; 
iii., 49. 



CHAPTEK QS. 

ORDER GRANTING THE PETITION OF TRUSTEES OF HOPKINS'S LEGACY 
FOR THE PURCHASE OF INDIAN LANDS, TO BE IMPROVED FOR THE 
BENEFIT OF THE INDIANS. 

Upon reading a Memorial or Representation of Samuel Sewall Esq"" 
in the Name & on Behalf of the Trustees of Govern' Hopkins's Legacy, 
Praying the Licence & Approbation of this Court for them to purchase 
of the Indian Inhabitants of Natick a Tract of Wast Land commonly 
known by the Name of Maguncoog belonging to but not inhabited nor 
improved by the said Indians, They designing to Commit the Purchase 
Consideration to Trustees to be improved for the Benefit of the said 
Indians in their more regular Settlement & Civil Cohabitation ; 

Ordered that tlie Prayer of the Petition be granted, the pious Inten- 
tion proposed therein being very acceptable to this Court. [^Passed 
July 21. 



Legislative 
Records of the 
Council, ix., 
473. 

House Jour- 
nal, p. 39. 



CHAPTEK 69. 

ORDER ACCEPTING THE COMMtees REPORT ABOUT UNSERVICEABLE 
BILLS, & TREAS^ DISCHARGED. 

In Obedience to an Order of the Great & General Court at their 
Sessions in May 1714: appointing us the Subscribers a Committee 
to take an Accompt of torn & defaced Bills of Credit &c. We have 
accordingly received of M' Treasurer Allen sev" Bills of the Denomi- 
nations in the above mentioned Accompt, Amounting to the Sum of 
Twenty one Thousand six Hundred thirty eight Pounds, twelve Shil- 
lings «fe one Peny at their exprest Value ; All of which Bills we have 
consumed to Ashes, Whereof, Fifteen Thousand six Hundred thirty 
eight Pounds twelve Shillings & one Peny were delivered us upon the 
Province Accompt as being received for Taxes Impost & Excise, W""'' 
with the Advance of Five per Cent, as they were taken into the Treas- 
ury amounts to the Sum of Sixteen Thousand four Hundred twenty 
Pounds ten Shillings & eight Pence, And Six Thousand Pounds neet 
Bills, as being exchanged in the Treasury Making in the AVhole, Twenty 
two Thousand four Hundred & twenty Pounds, ten Shillings & eight 
Pence, As AVituess our Hands this 24"' of March 1714. 

Adam Wintiikop El''* Hutchinson 

Edw" Hutchinson Penn Townsend 

Oliver Noyes, Tho. Hutchinson 



■[2d Sess.] Province Laws {Resolves, etc.). — 1715-16. 411 

Ordered that the Treasurer be discharged of the Bills, which the 
Committee ou the other Side report they have seen burut to Ashes, 
It being agreable to the Treasurers General Accompts pass'd by this 
Court at their Session in May last so far as relates to them. \_Passed 
July 22. 



CHAPTEE 70. 

ORDER ACCEPTING THE COMM^ees SECOND REPORT, & TREAS^ DIS- 
CHARGED. 

In Obedience to an Order of the Great & General Court at their Legislative 
Sessions in May 1714: appointing us the Subscribers a Committee to councif.ix*''^ 
take an Accompt of torn & defaced Bills of Credit &c. We have ac- ^ 



cordiugly received the several Bills mentioned in the above Accompt House Jour, 
of M' Treasurer Allen amounting to the Sum of Fourteen Thousand "^'' ^^' '^''^' 
four Hundred twenty seven Pounds four Shillings, Whereof as he 
informs us Two Thousand five Hundred eighty nine Pounds nine Shil- 
lings & nine Pence, Part of the above Fourteen Thousand four Hun- 
dred twenty seven Pounds four Shillings is upon the Accompt of the 
Loan & the remaining Sum of Eleven Thousand eight Hundred thirty 
seven Pounds fourteen Shillings & three Pence being Bills exchanged 
& Caused them all to be burnt to Ashes this twenty fourth of January 
17U. 

El^ Hutchinson Adam Winthrop 

Oliver Noyes Penn Townsend 

Edw^ Hutchinson. Addin. Davenport 

Tho. Hutchinson 

Ordered that the Treasurer be discharged of the Bills which the Com- 
mittee report ou the other Side they have seen burnt to Ashes. \^Passed 
Jidy 22. 



CHAPTER 71. 

ORDER ACCEPTING COMMt^es THIRD REPORT OF TORN BILLS, & TREAS- 
URER DISCHARGED. 

In Obedience to an Order of the Great & Gen" Court at their Ses- Legislative 
sion in May 1714: Appointing us the Subscribers a Committee to take councif ix '^'^^ 
an Accompt of torn & defaced Bills of Credit &c. We have accordingly 475. 
received of M'' Treasurer Allen the sev" Bills of the Denomination in House Jour- 
the above mentioned Accompt, Amounting to the Sum of Seven Thou- ^^^' ^' ^^' 
sand nine Hundred & fifty three Pounds, five Shillings & seven Pence, 
Neet Bills as being exchanged in the Treasury, All which Bills AVe have 
buru'd to Ashes ; As Witness our Hands this 19"" of May 1715. 

El^' Hutchinson Adam Winthrop 

Oliver Noyes Penn Townsend 

Edw" Hutchinson. Addin : Davenport , 

Tho : Hutchinson 

Ordered that the' Treasurer be discharged of the Bills, w<^'' the 
Comm"'® Report ou the other Side they have seen burn'd to Ashes. 
^Passed July 22. 



412 



Province Laws {Resolves, etc.). — 1715-16. [Chaps. 72-14:.^ 



CHAPTEK 72. 



Legislative 
Records of tlie 
Council, ix., 
475. 

House Jour- 
nal, p. 40. 



ORDER FOR BURNING BILLS. 

The following Order pass'd in the House of Representatives ; Viz, 

Whereas this Court have Ordered the Calling in & Exchanging of 
several of the Denominations of the Bills of publick Credit on this Prov- 
ince, & many of the Bills that are paid into the Treasury are torn & 
defaced which can be of no Use but some Hazzard to lodge long in the 
Treasury ; 

Ordered that the Representatives of the Town of Boston Cpt. Chambers 
& M"" Uenison with snch as the Hon'^''^ Board shall nominate be a Com- 
mittee at any Time (between this Session & the Session of this Court 
in May next) When the Treasurer shall have Two Thousand Pounds 
or more of Bills in the Treasury that are received in Exchange as 
afore said or otherwise defaced & unfit for Use, At his Application 
to them To take an Accompt of the Number of each of the Sorts of 
the said Bills, & the Sum the Whole amounts to & give the Treasurer 
Receipt for them, & burn the said Bills to Ashes, And make Report 
of their Doings to this Court as often as there shall be Opportunity ; 
Whose Receipt shall be a discharge to the Treasurer equal to what the 
said Bills would have been if they had continued in his Hands. 

Read & Concur'd, And John Clark Addington Davenport, Thomas 
Hutchinson & Thomas Fitch Esq" are added to the Committee in the 
Affair above said. [^Passed July 22. 



CHAPTER 73 



Legislative 
Records of the 
Council, ix., 

476. 

Hoiise Jour- 
nal, p. 40. 
I'rovince 
Laws, ii., 7. 



RESOLVE ALLOWING £500. FOR BUILDING A LIGHT HOUSE. 

Resolved that the Sum of Five Hundred Pounds be allowed & paid 
out of the publick Treasury to the Committee appointed by this Court 
to erect a Light House on Beacon Island at the Entrance of the Har- 
bour of Boston, Pursuant to an Act of this Court, for a present Sup- 
ply towards Carrying on that Affair, Who are to keep & render to this 
Court fair Accompts of their Disbursing thereof. And the said Committee 
are hereby impowered to treat with the Owners of the said Island, & 
purchase it of them for the said Service. \_Passed July 22. 



CHAPTER 74. 



Legislative 
Records of the 
Council, ix., 
471. 

House Jour, 
nal, p. 41. 



ORDER GRANTING M" JOS. LORDS PETITION TO IMPORT AN INDIAN 

GIRL. 

Upon reading a Petition of M' Joseph Lord Pastor of the Church at 
Dorchester in South Carolina, Shewing that by Reason of the Calam- 
itous Condition of that Colony brought upon it by an Indian War, he 
was obliged to send two of his Children to this Countrey, to whose nec- 
essary Assistance he has sent an Indian Girl, Praying Permission to 
import the said Indian Girl the Law of the Countrey notwithstanding ; 

Ordered that the Prayer of the Petition be granted provided the Peti- 
tioner engage to transport the Indian Girl, when his Family go from 
hence, And that he do not make Merchandize of her in the mean Time. 
[^Passed July 23. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1715-16. 413 



CHAPTER 75. 

ORDER CONFIRMING A PLAT OF 1,000. ACRES OF LAND TO MAJOR WIL- 

LARDS CHILDREN. 

A Platt of One Thousand Acres of Laud lying Ten Miles South Legislative 
Westward of Wachuset Hill granted by the Gen" Court in the Year cmmcu'ix.!''^ 

1681, to the Six youngest Children of Major Simon AVillard, & several IIL . 

Years since laid out by M' John Haynes Surveyour, now renewed by House .lour- 
David Haynes Surveyour Son of the said John Haynes, [being] Pre- ^^'^^' 
sented by Samuel Sewall Esq' (who purchased it of the Right Heirs) 
for Confirmation : 

Ordered that the Land contained in the Plat above delineated be 
allowed & Confirmed to be the the ^ Thousand Acres granted to the six 
Y^ouugest Children of Maj' Simon Willard in the Year 1681. \_Passed 
July 23. 

CHAPTER 76. 

RESOLVE ABOUT THE SUFFIELD TROUBLES; THE LATE TOWN OFFICER 
TO DELIVER UP BOOKS TO HIS SUCCESSOR. 

Upon reading a Petition of Peter Roe James Y''ounglove John Bur- Legislative 
bank & Jacob Adams jun' Select Men of the Town of Suffield Shew- cmStx.r^ 
ing, That pursuant to the Order of this Court at their Session in May ^T'j. 
last, The Town had a Meeting & chose Town Officers, But that not- House Jour- 
withstanding John Austin the former Town Clerk withholds & refuses "'^^-i'-^'^- 
to deliver the Town Books of Record, altho there is an other Clerk 
chosen in his Room & sworn, AV-'' renders them uucapable of Manag- 
ing the Prudentials of the Town Praying that this Court would resolve 
& settle their Difficulties ; 

Resolved that the Town of Suffield so far as doth appear have attended 
the Order of this Court in their late Choice of Town Officers ; 

Resolved that John Austin the late Town Clark of Suffield be per- 
emptorily required to deliver the Town Book & Records to Joseph 
Winchel the Person last chosen & sworn to be Clerk of the said Town 
upon the Penalty of Paying Ten Pounds per Week for the Use of the 
County of Hampshire for every Week he continues to detain them after 
the said Winchel makes his Demand thereof. \_Passed July 25. 



CHAPTER 77. 

ORDER OF HEARING ON WATERTOWN EAST PART PETITION TO BE 
MADE A SEPARATE TOWN. 

Upon reading a Petition of the Eastern Congregat" in the Town of Legislative 
Watertown, Setting forth That the Western Part of the said Town con- councif.ix., ^ 

tinue to elude the Orders of the Gen" Court relating to the Maintenance ^IL 

of the Ministry in the s*^ Town Praying to be made a separate Town- House Jour- 
ship for the Maintaiuing the Ministry by them selves ; - . P- • 

Ordered that the Petitioners serve the Select Men & Assessors of the 
Town of Watertown with a Copy of this Petition, &, summon them to 
attend this Court on the second Wednesday of the next Fall Session to 
answer the Complaints made therein of Neglecting to comply with the 
Orders of this Court for the Maintenance of their Ministers. \_Passed 
July 26. 

« Sic. 



414 



Province Laws {Resolves^, etc.). — 1715-lG. [Chaps. 78-80.] 



CHAPTER 78. 



ORDER ON BROOKFIELD PETITION ABOUT ASSESSMENT OF NON-RESI- 
DENT PROPRIETORS. 



Legislative 
Records of the 
Council, ix., 

479. 

House Jour- 
nal, p. 44. 



Upon reading a Petition of Tliomas Baker Philip Goss & Joseph 
Banister in Behalf of the Inhabitants of Brookfielcl, Shewing that by 
Reason of the Desertion of the Place by the first Grantees, & by the 
Sale of many Grants since made, Good Part of the Lands are fallen 
into the Hands of Strangers, who neither improve, nor sell to those 
who would settle them selves amongst them which greatly obstructs 
their Growth & hurts their publick Affairs, Especially rendering them 
uncapable of Settling & Supporting the Ministry amongst them Pray- 
ing that for some few Years next succeeding, & untill they shall be 
more capable of Enduring a Charge All Lauds belonging to Non-Resi- 
dents as well as othei's, tho not under Improvement may be made liable 
to be taxed in all Town Assessments & that the Committee may receive 
Directions therein : 

Ordered that for Seven Years next coining all Town Assessments in 
Brookfield be raised on Polls, as the Law directs, & on the Real Estates 
of the Non-Resident as well as the Resident Proprietors, Exclusive of 
Personal Estates, W^ the Committee for Settling the said Town are 
hereby directed & fully impowered to levy &, collect accordingly so 
long as they shall be continued by this Court And to take Care that 
the Town be settled in the most regular compact and defensible Man- 
ner that may be. \_Passed July 26. 



CHAPTER 79 



ORDER GRANTING A NEW TRIAL ON EDW» WHITES PETITION. 



Legislative 
Records of the 
Council, ix., 
480. 

House Jour- 
nal, p. 44. 



Upon reading a Petition of Edward White by his Attorneys Edward 
Martyn & Ebenezer Clough, Setting forth That M"" Joseph Dowding of 
Boston hath very much oppressed, & wrongfully taken away & wdtheld 
his House from him wherein he is without Remedy in the Law, And the 
Committee appointed by this Court to adjust & audit the Accompts 
between them have reported that there is Money due to him ; Praying 
that the said Dowding may be Ordered to pay him what shall be found 
due to him on that Accompt, or that the Affair may again pass through 
the Law, And that the Court would Order the said Auditors Accompt 
shall be good & of Force & Value in any Court & to any Jury ; 

Ordered that the Prayer of the Petition be granted so far, That the 
Petitioner be admitted to a new Tryal. \^Passed July 26. 



CHAPTER 80. 

VOTE ACCEPTING THE GOVERN^s LETTER ABOUT THE CAPE SABLES 

INDIANS. 



Legislative 
Records of the 
Council, ix., 

480. 

Legislative 
Records of the 
Council, ix., 



The FOLLOWING Letter was written by his Excy. to the Council & 
Represent''** Viz, 

Council Chamber Boston July 26. 17L5. 

Gentlemen, The News from Cape Sables informing That the Indians 
have proceeded in their Hostilities so far as to make them selves Masters 



[2d Sess.] Province Laws {Resolves^ etc.). — 1715-16. 415 

of about twenty seven of our Fishing Vessels & the Men belonging to 477,478. Exec- 
them, Of whom they have murdered eight &, wounded others ; I am of onheCk)uiKn, 
Opinion that the Frigott proceed immediately to Annapolis Royal, & 3^9' 37J' 37^' 37-2' 
Acquaint the Govern' there of our present Posture & their Danger, & 373^ 387* 4i>^'- 
obtain their Advice of any Method to be used to Recover our Vessels nj^^p^ 44."'^" 
«fe Prisoners out of the Indians Hands And from thence to proceed to 
Cape Sables to Advise our Fishing Vessels there of their Danger, And 
that there be taken up forthwith two good Sloops with thirty Men each. . 
to defend & secure our remaining Fishery upon the Coast of Cape Sables 
& Parts adjacent, & to hold his Cruize there for twenty Days, & then 
give us Notice for our further Proceedure, And that the Frigott sail 
forthwith with Coll. Goffe on Board No other fit Person to be joined 
with him in this Negotiation appearing. 

J Dudley. 

Read & Accepted, And Desired that it be forthwith proceeded upon. 
Concur'd by the Representatives. \_Fassed* July 26. 



CHAPTER 81. 

ORDER ON SUFFIELD PETITION ABOUT THE TOWN'S TROUBLES. 

Upon reading a Petition of John Austin late Town Clerk of Suffield Legislative 
in Behalf of the Select Men of the said Town for the Year 1714. Shew- council, ix., 
ing that on the twenty fifth of March & on the second Day of April 1713: 1^ 



The Inhabitants of the said Town of Suffield made sundry conditional House Jour- 
Grants of Land, And that the Select Men of the said Town for that ' 
Year without having Regard to the Conditions of the said Grants, gave 
Orders for Laying out of Lands to sundry Persons, & also Directed the 
Recording the Return made by the Land Measurer, by Reason whereof 
sundry Persons had more Land laid out to them than was granted them 
by the Town, W^^ Proceedings of the Select Men being disagreable to 
the Town, on the twenty second Day of March 1713/14. They Voted 
that there should be no Records made of any of the Land granted at 
the afore said Meeting, And the Town by a Vote Ordered that the 
Proprietors at a Proprietors Meeting should consult «fe conclude ou 
some proper Methods to prevent such irregular Records, Praying this 
Court to order the Proprietors of the Common Lands in the said Town 
of Suffield to have a Meeting for the Settling & Determining of the 
said Towns Grants, And if the said Proprietors shall not agree by the 
Time which shall be limited to settle the said Grants, the Court will 
please to Direct & Order that the Justices of the Court of Gen" Ses- 
sions of the Peace for the County of Hampshire take the Premises 
into their Cognizance & Determine the same. And that in the Interim 
no Records may be made in the Town Book of Suffield of any of the 
Lands laid out by Order of the said Select Men by Vertue of the said 
Grants, which were Ordered to be suspended by the said Towns Vote, 
as afore said ; 

Ordered that the Inhabitants of the Town of Suffield be advised & 
Directed to Compromise & Issue their Differences in the Affairs before 
mentioned as speedily as may be ; But if they shall not be so 

wise in the Space of Three Months next coming & signify it to the 
Hon""'® Samuel Patridge Esq'' That then the Justices of the Gen" Ses- 
sions of the Peace in the County of Hampshire hold a Special Session 
at the said Town, Hear both Parties & Determine &, settle their Differ- 
ences, Whose Determination shall be a final Issue & so entered in their 



416 



Province Laws {Resolves, etc.). — 1715-16. [Chaps. 82-84.] 



Town Books : The Charge of the Session to be born by the said 

Town, And the Town Clerk is directed to enter no Record of the Lands 
in Controversy before the Session ordered of the Justices unless the 
Town come into a good & amicable Agreement therein. \_Passed 
July 26. 



CHAPTEK 82. 



ORDER REQUIRING SWAMPFIELD TO LAY BEFORE THE COURT A PLAT 
OF THEIR ORIGINAL GRANT. 



Legislative 
Records of the 
Council, ix., 

482. 

House Jour- 
nal, p. 45. 



Upon reading a Petition of the Proprietors of the Town of Swamp- 
field Importing that they are under Disadvantages, & Discouragements, 
In that many Persons are boldly Boring Pine Trees for Turpentine within 
the Bounds they have purchased for a Plantation, So that if they are 
suffered to go on, they will ruine the Place as to Pine Timber ; Humbly 
Praying that in Consideration of the small Tract of improveable Land 
that there is or is like to be there That Reserve for a Couutrey Farm 
may be released or laid out in some Place where it would be of less 
Detriment to the Town, And that the Honoured Court would confirm 
to them their Indian Purchases, That there may be an Addition granted 
to their Bounds, And the Whole stated & laid that it may extend as far 
Northward as they have purchased ; Viz, To the Brook called Papacon- 
tuckquash, W^"^ lies over against the Mouth of Deerfield River, & Eastw** 
Seven Miles from Connecticut River, there being no Accomodation for 
a Township within the Contents ; And that the Duties & Rates may be 
raised upon the Allotments of the Inhabitants or Proprietors Resident 
or Non Resident for a certain Term of Years, Five at the least ; 

Ordered that the Petitioners lay before the Court a Plat of their 
Original Grant, & of the Land they petition to be added to them 
taken by a Surveyour & Chain Men under Oath. l_Passed July 27. 



CHAPTER 83. 



Legislative 
Records of the 
Council, ix., 
483. 

House Jour- 
nal, p. 47. 



VOTE ALLOWING FOUR POUNDS TO BOMAZEEN &c. 

Voted that the Sum of Four Pounds be allowed to Bomazeen ^ & his 
Companions to bear their Charges Groing Home. \_Passed July 28. 



CHAPTER 84. 



ORDER IN REGARD TO THE PREAMBLE OF A BILL FOR A TAX. 



Legislative 
Records of the 
Council, ix., 
483. 

Legislative 
Records of the 
Council, ix., 
449, 4.i8, 460, 472, 
473, 482, 483. 
House .Jour- 
nal, p. 48. 
Province 
Xaws, ii., 33. 



An Act for Apportioning & Assessing a Tax of Eleven Thousand 
Pounds on Polls & Estates, W'^^'' with the Sum of Two Thousand Pounds 
in the Treasury, Two Thousand Pounds, Interest of the Loan Money 
& Seven Thousand Pounds by the Impost Excise &, Tunnage of Ship- 
ping pass'd this present Session will make up the Sum of Twenty two 
Thousand Pounds, Pursuant to the Funds & Grants made to her late 
Majesty by this Court at their sev'^ Sessions in November 1710, &, May 
1711: 

' An Indian. — Mass. Archives, cxxiii., 50; Province Laws, viii., 300, 571, 677. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1715-lG. 4lW 

Ordered that the Preamble to the Tax Bill to be pass'd this Session 
be formed agreable to the abovementioned Minutes ; And that a Bill 
be drawn accordingly as expeditiously as may be. \_Passed July 29. 



CHAPTEE 85. 

VOTE ACCEPTING PROPOSALS OF ¥>= PROPRIETR^ OF BRUNSWICK, TOPS- 
HAM, &c. 

We the Subscribers Proprietors of the Lands in Brunswick Tops- Legislative 
ham &c being desireous to make such a Settlement as may be able councti^ ix '^'^^ 
to sustain a War with the Indians, do acknowledge the Favour of the 4!^3- 
Gen" Court in their Readiness to encourage «& protect the intended House Jour- 
Settlem" & particularly in Repair of the Fort there, Yet seeing the "^^-p-*"- 
House ai-e inclinable to a Wooden Fort on Account of the Cheapness 
of it ; We being sensible. That as this Fort is set so as to be a Bridle 
to the Indians, So if a War should arise, It may be expected they will 
leave no Means untried to become Masters of it, Towards which the 
Remoteness from Succour will give them great Advantage, And Con- 
sidering how much the Lives & Instates there will depend upon the 
Strength & Security of that Fort, We have been induced to make the 
following Proposal, 

That whereas the Wooden Fort at Winter Harbour cost as We are 
informed. Four Hundred Pounds when Provisions & Labour were much 
cheaper than at this Time, We can not suppose such an one now will 
cost less than Five Hundred Pounds, And a Stone Fort supposed to 
be much more chargeable. Yet rather than the said Fort should be of 
Wood & so liable to be consumed by Fire, In Case it should be assaulted 
by the French as well as Indians ; We offer that if the Gen" Court 

will please to allow Five Hundred Pounds & let us now have the Fif- 
teen xMen, which are designed for that Garrison, We Avill enter into 
Engagements to repair & finish the above said Stone Fort, to be fifty 
Feet square as proposed with four Bastions, two of which of Wood on 
the Top of the Angle, at our own Charge altho it should amount to 
more than that Sum, And We shall sett about it in a Weeks Time if 
possible, & hope to finish it before Winter, If not obstructed by the 
Indians, We desire to have Three Hundred Pounds of the said Sum 
as. Occasion shall require, To Provide Materials &c And the Remainder 
when the Work is finishedT 

Tho: Hutchinson ") t r> i ^e ^ xi 
Boston July 28"' 1715. Adam Winthrop [ ^'\ ^^^lialf of them 

Oliver Noyes. ) "^^^'^^ ^ ^^^^^"^^'^ 
Memorandum. 

It is Agreed that the Foundation of the said Fort shall be three Feet 
under Ground, That the Wall shall be three Feet thick at the Bottom 
& at least Ten Feet high above the Ground & laid in Lime Mortar with 
Barracks for Fifteen Men, to be built in or near the Spot where the 
Fort now stands : 

Voted that the within Proposals be Accepted, And the Sums paid out 
of the Treasury as proposed. \_Passed July 29. 



418 



Pkovince Laws (^Resolves, etc.). — 1715-16. [Chaps. 86-88.] 



CHAPTER 86. 



Legislative 
Records of the 
Council, ix., 

485. 

House Jour- 
nal, p. 48. 



RESOLVE ALLOWING 40/. TO BENJ^ ROLFE. 

Resolved that the Sum of Forty ShilliDgs be allowed «fe paid out of 
the publick Treasury to M"" Benjamiu Rolfe for his Service in Writing 
for this Court the last Year. \_Passed July 30. 



CHAPTER 87. 



ORDER REFERRING TO THE NEXT COURT THE PETITION OF NATH^-i- 
HEALY AND OTHERS OF NEWTOWN. 



Legislative 
Records of the 
Council, ix., 
485. 

House Jour- 
nal, p. 49. 



Upon reading a Petition of Nath" Healy & four others of the Town 
of Newtown Setting forth, That this Court in the Year 1713 : did Vote 
& Advise that the said Town should allow six Families lying next to the 
South Part of Roxbury to attend the Worship of God at that Precinct 
& accordingly to be dismiss'd from any Charge towards the Support 
of the Ministry in Newtown, During their Attendance & Contributing 
to the Ministry at Roxbui'y, And that they have constantly attended 
according to the Advice of the Court the publick Worship of God at 
Roxbui'y, & Contributed there, Yet notwithstanding, the Assessors of 
Newtown have assess'd them towards the Support of the Ministry at 
Newtown for this present Year ; 

Ordered that the Consideration of this Petition be ref er'd to the next 
Session of this Court, And that in the mean Time, No Distress be made 
on the Petitioners. [^Passed July 30. 



CHAPTER 88. 



ORDER IN EXPLANATION OF IMPOST ACT. 



Legislative 
Records of the 
Council, ix.. 



House Jour- 
nal, p. 48. 
Province 
Laws, ii., 33. 



Whereas It is Enacted in the Act for Granting to his Majesty sev- 
eral Rates & Duties of Impost &, Tunnage of Shipping ; Viz, That there 
shall be paid by the Master of every Ship or other Vessel coming into 
any Port or Ports of tiiis Province to trade or tratfick, The Major Part 
of the Owners whereof are not belonging to this Province, I^xcept such 
Vessels as belong to the Provinces or Colonies of Pensilvania, West & 
East Jerseys, New York, Connecticut or Rhoad Island every Voyage 
such Ship or Vessel does make the Sum of Eighteen Pence per Tun, 
or one Pound of good new Gun Powder for every Tun such Ship or 
Vessel is in Burthen to be paid unto the Commissioner or Receiver of 
the Duties of Impost, And to be employed for the Supply of his Maj- 
esties Forts & Castles within this Province, 

Ordered that it be an Explanation of the said Act, that the said Duty 
is not to be paid for such Part or Parts of any Ship or other Vessel that 
is owned by any Person or Persons inhabiting this Province ; And that 
it be an Instruction to the Officer of Impost to govern him self accord- 
ingly. \_Passed July 30. 



[2d Sess.] Province Laws {Resolves, etc.). — 1715-16. 419 



CHAPTER 89. 

ORDER REFERRING TO THE NEXT SESSION OF THE COURT THE PETI- 
TION OF CAPE COD INHABT8. 

A Petition of William Clap & fifteen others Inhabitants of Cape Legislative 
Cod, Assigning several Reasons, Why they wonld not be annexed to councif.ix.f'^ 

the Town of Truro & Why they are without a Minister &c Praying that ^^< ^'^"- 

they may be made a Township & assisted out of the publick Treasm'y House Jour- 
in Building a Meeting House & Maintaining a Minister, Proposing that " ' ^' 
the Treasury may be reimbursed by a Duty laid on the Fishery there : 
Read & 

Ordered that the Consideration of this Petition be Refer'd to the 
next Session. \_Passe<.l August 1. 



420 



Pkovince Laws (Hesolves, etc.). — 1715-16. [Chaps. 90, 91.] 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fourth Day of August, A.D. 17 15. 



CHAPTER 90. 



VOTE APPOINTING A COMMTee TO EMPLOY PERSONS TO SURVEY Y 
LAND ON THE FRONTIERS. 



Legislative 
Records of the 
Council, ix., 

488. 

House Jour- 
nal, pp. 46, 52. 



The following Order pass'd in the House of Represent™' ; Viz, 
Ordered that Coll. Thaxter, Coll. AVinthrop & M^ William Payne 
with such as the Hon'''^ Board shall nominate be a Committee to Con- 
sider & treat with Persons skillful in Surveying & Acquainted in the 
Frontiers in Order to take a Plat of the ungranted Lands in the Fron- 
tiers lying between Connecticut Great River & Merrimack River up 
as high Westward as Penuicook upon Merrimack River, & from thence 
upon a streight Line to the nearest Part of Connecticut River, The Plat 
to include all the ungranted Lands lying between the said two Rivers 
& the said streight Line & the Frontier Towns, And in Order to take 
Plats of the ungranted Lands that are within the said Frontiers : And 
make Report to the next Session of this Court what the Charge may 
probably amount to. 

Read & Concur'd, And Thomas Fitch & Edmund Quincey Esq'" are 
joined in the Affair. [^Passed August 24. 



CHAPTER 91. 



ORDER OF HEARING ON GERSHOM WOODELS PETITION FOR LICENSE 

AS INNKEEPER. 



Legislative 
Records of the 
Council, ix., 
4!)0. 

House Jour- 
nal, p. 53. 



Upon reading a Petition of Gershom Woodel of Tiverton Shewing 
that by Reason of Weakness & Indisposition of Body he is iincapable 
of Getting a Livelihood by hard Labour, And that he has often sup- 
plicated the Select Men of said Town to give him a Certificate that 
they approved of him to be a Person suitably (jualified to be an Inn 
holder within the said Town, without w*-'' the Justices are of Opinion 
they cannot give him a Licence Praying that the said Justices may be 
impowered by an Act of this Court to grant him a Licence without such 
Certificate from the Select Men, He entering into Recognizance to pay 
the Excise which shall be set him, & to observe the Laws relating to 
those that are so admitted. 

It being Represented that there is no Inn holder in the Town of Tiver- 
ton & that there is frequent Occasion for an Inn there for the Enter- 
tainment of Travellers &c : 

Ordered that the Petitioner serve the Town of Tiverton with a Copy 



[3d Sess.] Province Laws {Resolves, etc.). — 1715-16. 421 

of this Petition, That they may shew Reason to the Justices of the Gen" 
Sessions of the Peace of the County of Bristol at their next Session, If 
any they have Why the Prayer thereof sh*^ not be granted. 

And if tliey do not lay before them sufficient Reason why It should 
not be granted, That then the said Justices be & hereby are impowered 
to grant a Licence as prayed for without the Approbation of the said 
Select Men, If it appears to them that the Petitioner is a meet Person 
to be so licenced ; Any Law Usage or Custom the Contrary notwith- 
standing. \_Passed August 26. 



CHAPTEK 92. 

ORDER GRANTING 500. ACRES OF LAND TO JN" BURRILL ESQ". 

Ordered that the Eastern Half of the Thousand Acres of Land ^ford^of the 
reserved to the Province in the Grant of the Township of Rutland council, ix., 

be «fe hereby is granted to John Burrill Esq" & to his Heirs &, Assigns *?1^ 

for Ever, In Consideration of his long & good Service to this Prov- House Jour- 
ince. \_Passed August 27. . • » • 



CHAPTEE 93. 

RESOLVE FOR EMITTING £4,000. IN BILLS OF CREDIT AND PROVIDING 

SECURITY. 

Resolved that the Treasurer be & hereby is Directed & Impowered Legislative 
to Issue forth & Emit the Sum of Four Thousand Pounds of the Bills counc'iu'x.?'"' 

of publick Credit on this Province, that are or shall be received into ^^^^ ^^^- 

the Treasury, For Payment of the publick Debts of the Province already Legislative 
contracted for the Defence & Support of the Government, & the neces- council^ Lv., ^ 
sary Protection & Preservation of the Inhabitants of this Province, And j^o^;ir^i*"%2 
for Subsisting of Forts & Garrisons & Wages arising for their Service Province 
(but the P'ort at Casco Bay for no longer Time than the first Day of ^'^^^s- "•■ 34- 
November next) For Payment of Grants Salaries & Allowances made 
& to be made by this Court according to such Draughts as shall from 
Time to Time be made on him by Warr', or Order of the Governour 
by & with the Advice & Consent of the Council ; And the said Bills 
shall pass out of the Treasury at the Value therein express'd, equiva- 
lent to Money, And shall be taken & Accepted in all publick Payment 
at the Advance & after the Rate of five Pounds per Cent. more. 

And as a Fund & Security for the same. There be & hereby is granted 
to his most Excellent Majesty a Tax of Four Thousand Pounds (to the 
Ends & Uses, as afore said) to be levied upon Polls & Estates both 
Real & Personal within this Province, according to such Rules & in 
such Proportion upon the several Towns & Districts within the same, 
As shall be Agreed on & Ordered by the Great & Gen" Court or Assem- 
bly of this Province at their Session in May 1722 : And paid into the 
Treasury on or before the last Day of December next after. [^Passed 
August 27. 



422 



Province IjAws (Hesolves, etc.). — 1715-16. [Chaps. 94-98. j 



CHAPTER 94. 



Legislative 
Records of the 
Council, ix., 
491. 

Legislative 
Records of the 
Council, ix., 
485, 489. 
House Jour- 
nal, p. 55. 
Province 
Laws, ii,, 35. 



VOTE REFERRING TO CASCO FORT & PEJEPSCOT FORT. 

Ordered that the Under-takers to build the Fort at Pejepscot be 
directed with utmost Speed & Diligence to proceed iu that Affair & 
accomplish it by the Time, So that it may be capable to receive & 
entertain the Men & Stores proposed, And that if it be not possible 
to build & finish the said Fort at the Time according to the Order of 
this Court, then what is wanting to be made up by Stockadoes to make 
it secure & defensible untill the Season will allow the Stone Work to 
be finished. \_Passed August 27. 



CHAPTER 95. 

VOTE CONFIRMING THE GRANT TO THE PROPRIETORS OF SWAMPFIELD 

TOWNSHIP. 



Legislative 
Records of the 
Council, ix 
491. 
Plans. 



A Plat [being presented] of the Original Grant of the Township 

of Swampfield & a Tract of Laud adjoining thereto platted out there- 

^l\y^,\%^^ with, W'' the Proprietors desire may be added to the said Township 

Surveyed & laid out by Thomas Hastings Survey"^ & the Chain Men 

under Oath, presented for Allowance & Approbation : 

Ordered That the Plat of the originall Grant of The Town of Swamp- 
field on the other side being nine miles long & 4 miles wide, be allowed 
and Confirmed to the lawfuU Proprietors, provided It Interfere with no 
former Grant. \_Passed August 27. 



House Jour 
nal, p. 54. 



CHAPTER 96. 



Legislative 
Records of the 
Council, ix., 
491. 

House Jour- 
nal, p. 56. 



RESOLVE ALLOWING £250. TO THE GOV^. 

Resolved that the Sum of Two Hundred «& fiftj^ Pounds be allowed 
& paid out of the Publick Treasury to his Excellency Joseph Dudley 
Escf Captain General & Governour in Chief of this his Majesties Prov- 
ince, for his Support in Managing the Affairs of the Goverum'. [Passed 
August 27. 



CHAPTER 97. 



Legislative 
Records of the 
Council, ix., 
491. 

House Jour- 
nal, p. 56. 



RESOLVE ALLOWING £50. TO THE L^ GOV^. 

Resolved that the Sum of Fifty Pounds be allowed & paid out of the 
publick Treasury to the Hou"^ William Tailer Escf in Consideration of 
his Readiness at all Times to serve this Province. \_Passed August 27. 



CHAPTER 98. 



RESOLVE ALLOWING £300. TO THE JUDGES. 



Legislative 
Records of the 
Council, ix., 
492. 

House Jour- 
nal, p. 56. 



Resolved that the Sum of Three Hundred Pounds be allowed & paid 
out of the Publick Treasury to the Hon''''' the Judges of the Superiour 
Court of Judicature in Proportion to the Courts they have attended the 
Year past. \_Passed August 27. 



[3d Sess.] Province Laws {Resolves, etc.). — 1715-16. 423 

CHAPTER 99. 

RESOLVE ALLOWING £40. ADDITIONAL TO M" PRESID^ LEVERET. 

Resolved that the Sum of Forty Pounds be added to the Allowance Legislative 
of the Reverend M^ John Leveret, President of Harvard College for JJ^IJ^cu^ f^.!*"^ 
the Year Currant beginning in January last &, paid out of the publick 4'J 2. 
Treasury in Consideration of the extraordinary Scarcity & Dearness of House Jour- 
Provisions & other Necessaries in House Keeping. \_Passed August 27. °*^' p- ^- 



CHAPTER 100. 

RESOLVE ALLOWING £225. TO THE TREAS^. 



Resolved that the Sum of Two Hundred & twenty five Pounds be Legislative 
allowed & paid out of the publick Treasury to M^ Jeremiah Allen cmmcn.u.!^^ 

Treasurer of this Province for his Service the Year past, His Trouble ^ 

being extraordinary in Changing the Bills of Credit, And taking Care House Jour- 
f or the Supply of the Garrisons. \_Passed August 27. ^^^' ^' ^' 



CHAPTER 101. 

RESOLVE ALLOWING £20. TO THE CLERK OF THE COUNCIL. 

Resolved that the Sum of Twenty Pounds be allowed be allowed ^ & Legislative 
paid out of the publick Treasury to M' Joseph Hiller for his Service JouuS XlT^ 

as Clerk of the Hon'''* Council for half a Year beginning the thirteenth ^ 

Day of March last. \_Passed August 27. House Jour- 



CHAPTER 102. 

RESOLVE ALLOWING £20. FOR THE CLERK OF THE HOUSE. 

Resolved that the Sum of Twenty Pounds be allowed & paid out of Legislative 
the publick Treasury to W John White Clerk of this House in Part for coundui.f^ 
his Sei-vice the Year Curr'. ^^ 

[Read and concurred.] \_Passed August 27 . House Jour- 



CHAPTER 103. 

RESOLVE ALLOWING £40. TO JOHN FLAGG. 

Resolved that the Sum of Forty Pounds be allowed & paid out of Legislative 

the publick Treasury to W John Flagg Door keeper to his Excellency 5ounc*if,Lx.!^^ 

the Governour & Council & this Court for his Service the Year past ^^ 

ending the 26"" of June past. [Passed August 27. House .Jour- 

'^ 1 L f nal, p. 56. 

> Sic, the repeated words being underlined. 



424: 



Province Laws {Resolves, etc.). — 1715-16. [Chap. 104.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-third Day of November, A.D. i 7 i 5 . 



CHAPTEK 104. 



Legislative 
Records of the 
Council, X., 2. 

Mass. 

Archives, cv., 
7L 

Mass. 

Archives, cv., 
70, 72. 



ORDER OF HEARING ON THE PETITION OF JOHN NELSON ESQ" FOR A 

NEW TRIAL. 

Upon reading the Petition of John Nelson of Boston in the County 
of Suffolk, Setting forth, That John Cotta Jun' & Sarah his Wife 
Bethia Martha & Dorothy Wharton Spinsters, All of Boston afore- 
said at the Inferior Court of Common Pleas for the said County of 
Suffolk held at Boston on the first Tuesday of July 1714 Commenced 
an Action or Plea of the Case against your Petitioners, Setting forth 
that whereas they the said Cotta &,'' by a Letter of Attorney impow- 
ered your Petitioner to sell & dispose of an Estate in Land to them 
belonging in the Colony of Rhoad-Island to their best Profit & Advan- 
tage & to render a true Account of the Proceedings theirin to the said 
Cotta &" And they in fact said that your Petitioner by Virtue of the 
said Letter of Attorney had sold & dispos'd of the said Lands for near 
Three Thousand Pounds, as it was said, Nevertheless the said Peti- 
tioner tho often thereto requested by the said Cotta &*= utterly neglected 
& refused to render a just & true Account thereof, & to pay what of 
right belong'd to them out of the Proceeds of the s"* Lands to their 
Damage One Thousand Pounds, And your Petitioner gave Bond to 
appear at & abide the Judgment of said Court, W^ Action was con- 
tinued to October. Court then next following. But by Reason of the 
Demise of the late Queen, When it was suppos'd all Actions at that 
Court would fall, Yet they were continued to the first Tuesday of 
November, When by Reason that your Petitioner lived upon an Island, 
& the then Extremity of the Weather, he could not appear, but made 
default. And Judgment was render'd against your Petitioner to render