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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 Massachusetts Bay: 



TO WHICH ARE PREFIXED 



THE CHAETEES OF THE PEOVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



PUBLISHEU UNDEU.OhvPI'E^^S'^ Ci". the ^FS9I,V1,'3 !oK "tn^. 'S-^ITERAL CODRT 

OF THE Common WE ALTHFOK the Year 1867. 



Volume X . 



BEING VOLUME V. OF THE APPENDIX. 

CONTAINING 

KESOLVES, ETC., 1720-1726. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square, 

1902. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1720-21, 



[1] 



LEGISLATIVE LIST^ 



I 7 20~2 I 



His Excellency SAMUEL SHUTE, 

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

JOSIAH WILLARD, Esq., 

SECRETARY OF the PRO^^NCE. 



COUNCILLORS OR ASSISTANTS. " 

Of the Inlmhitants of or Proprietors of Lands within the Territory formerly called 
the Colony of the Massachusetts Bay; 



William Dummer 
William Tailer 
Samuel Sewall 
Penn Townsend 
John Appleton 
Samuicl Partridge 
Edward Bromfeild 
Nathaniel Norden 
Benjamin Lynde 



ESQRS. 



Addington Davenport 
Thomas Hutchinson 
Samuel Brown 
Thomas Fitch 
Jonathan Belcher 
Jonathan Dowse 
Samuel Thaxter 
John Burril 



ESQRS. 



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

Isaac Winslow, John Cushing & John Otis, Esqrs. 

Of the Lihabitants of or Propjrietors of Lands within the Territory formerly called 
the Province of Main; 

John Wheelwright, .Joseph Hammond & Charles Frost, Esqrs. 

Of the Lihabitants of or Proprietors of Lands loithin the Territory lying between 
the River of Sagadahock & Nova Scotia; 

Paul Dudley, Esq. 

1 See Legislative Records of the Council, xi., 5-9. 

^ John Clark of Massachusetts Bay, and Nathaniel Bj-field of Pl>Tnouth, elected by the House of Rep- 
resentatives, were rejected by the Governor. 

[3] 



Province Laws {Resolves, etc.). — 1720-21. [Representatives.] 

For the Province, at large : — 
Nathanael Payne & Edmund Quincy, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

July 13, 1720 to May 31, 1721. 



Mr. timothy LINDALL, Speaker. 



County of Suffolk. 
. . John Clark, Esq., 
Elisha Cook, Esq., 
Oliver Noyes, Esq., 
Mr. William Clark. 

. William Dudley. 

. Lieut. Col. Robert Spurr. 

. Mr. Ephraim Tucker. 

. Major John Quincy. 

. Mr. John Torrey. 

. Mr. Lazarus Beal. 

. Mr. Joseph Ellis. 

. Mr. Joseph Plimpton. 

. Josiah Chapin, Esq. 

. Mr. Ebenezer Fisher. 

. John Chandler, Esq. 

. Capt. Richard Moor. 

. Mr. Josiah Winchester. 

County of Essex. 
. Mr. Timothy Lindall, 
Capt. John Gardner. 
, . Mr. Richard Johnson. 
. John Wainwright,- Esq., 
Mr. Nathaniel Knolton. 
. Henry Somersby, Esq., 
Capt Thomas Hale. 
Beverly, . . . Capt. Joseph Herrick. 
Wenharn, . . Mr. John Gott. 
Topsfeild, . . Mr. Tobijah Perkins. 
Andover, . . Mr. Nehemiah Abbot. 
Bradford, . . Capt. Richard Kemball. 
Haverhill, . . Mr. John Saunders. 
Boxford, . . . Mr. Joseph Hale. 
Rowley, . . . Mr. Timothy Harris. 
Salisbury, . . Mr. William True. 
Marblehead, . Mr. William Stacey. 
Amesbury, . . Capt. John Foot. 
Olocesler, . . Mr. James Say ward. 

County of Middlesex. 
Cambridge,. . Mr. Andrew Boardman, 
Capt. Ebenezer Austin. 



Boston, 



Roxbury, 

Dorchester, 

Miltoji, . 

Brantrey, 

Weymouth, 

Hingham, 

Dedham, 

Medfeild, 

Meiidon, . 

Wrentham, 

Woodstock, 

Oxford, . 

Brooklyn, 



Salem, . 

Lynn, 
Ipswich, . 

Newbury, 



County of 

Charlestoiv?i, . 

Watertown, . . 

Newton, . . . 

Sudbury, . . 

Marlboro, . . 

Sherburne, . . 

Lancaster, . . 

Framingham, . 

Gtroton, . . . 

Concord, . . . 

Clemsford, . . 

Bellerica, . . 

Woburn, . . . 

Reading, . . 

Maiden, . . . 

Lexington, . . 

Weston, . . . 

Mcdford, . . 

Stow, . . . . 

Leicester, . . 



Middlesex — Concluded. 
Capt. William Rouse. 
Jonas Bond, Esq. 
Capt. Ebenezer Stone. 
Hopestill Browne, Esq. 
Capt. Peter Rice. 
Mr. Eleazer Holbrook. 
Mr. Joseph Wilder. 
Mr. J onathan Rice. 
Capt. Jonas Preseott. 
Mr. Benjamin Whittamore. 
Mr. Stephen Peirce. 
Oliver Whiting, Esq. 
Mr. Samuel Walker. 
Mr. John Browne. 
Mr. John Greenleaf. 
Mr. Francis Bowman. 
Francis Fulham, Esq. 
Thomas Tufts, Esq. 
Mr. Jacob Stevens. 
John Menzies, Esq. 



County of Hampshire. 



Springfeild, 

Northampton, 

Hadley, . 

Hatfeild, 

Westfeild, 

Suffeild, . 

Emifeild, 

Deerfeild, 

Cou 
Plimouth, . 
Sciltcate, . . 
Marshfeild, . 
Duxborough, 
Bridgwater, 
Rochester, . 
Middleboru, . 
Plimpton, . 
Pembrook, . 



. Luke Hitchcock, Esq., 

John Stoddard, Esq. 
. Capt. Ebenezer Pomroy. 
. Mr. John Nash. 
. Mr. John Dickenson. 
. Mr. Thomas Noble. 
. Mr. John Austin. 
. Capt. Samuel Terrey. 
. Capt. Thomas Welles. 

NTY OF Plimouth. 
. Mr. John Forster. 
. Mr. Stephen Clap. 
. Isaac Little, Esq. 
. Mr. John Wadsworth. 
. Mr. Richard Davenport. 
. Mr. Samuel Sprague. 
. Mr. Samuel Barrow. 
. Mr. Benoni Lucas. 
. Mr. Thomas Barker. 



[Eepresentatives.] Province Laws {Resolves, etc.). — 1720-21. 



County of Baunstable. 



Barnstable, 

Sa7idivich, 

Yarmouth, 

Eastham, 

Harwich, 

Truroe, . 



. Shubal Gorham, Esq. 

. Melitiah Bourne, Esq. 

. Mr. Joseph Hall. 

. Mr. Samuel Knowles. 

. Mr. John Gray. 

. Mr. Thomas Mulford. 



County of Bristol. 
Bristol, , . . Capt. William Throop. 
Taunton, . . Mr. Robert Crosman. 
Swanzey, . . Mr. William Salisbury. 
Rehohoth, . . Mr. Daniel Carpenter. 
Little Comjitoii, Mr. Sylvester Richmond. 
Dighton, . . . Mr. Benjamin Crane. 
Tiverton, . . Mr. Gershom Woodall. 
Altleboro, . . Mr. Daniel Freeman. 
Norton, . . . Mr. Samuel Hodges. 



County of Bristol — Concluded. 
Barringtown, . Mr. Zechariah Bignall. 
Dartmouth, . . Mr. John Akin. 
Freetown, . . Mr. Samuel Forman. 

County of York. 



York, . . 


. . Mr. Samuel Came. 


Kittery, . 


. . Capt. William Pepperil 


Berwich, 


. Elisha Plaisted, Esq. 


Welles, . 


. . Mr. Francis Sawyer. 


Falmouth, 


. . Samuel Moodey, Esq. 




Dukes County. 



Chilmark, . ^ayne Mahew, Esq. 
Tisbury, . . S ^ ^ 

Nantucket. 

Sherburne, . . George Bunker, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirteenth Day of July, A.D. 1720.^ 



CHAPTEK 1. 



RESOLVE ALLOWING £6. 2 TO CAPT. JOHN GARDNER TO DISCHARGE 
PEREZ WEBB'S ACC. 

An Accompt presented by Perez "Webb of Salem of his Charge in Legislative 
Diet Lodging Medicines & Attendance of one Hughs, a Stranger lately coumli^, xi.!i2. 
come into the Countrey, who died at Salem, And of the Charge of his House Jour- 
Funeral also. Amounting to the Sum of £6. 2 Certified by the Select nai, p. 5. 
Men of the said Town 

[Read and] 

Resolved, That the Sum of Six Pounds two shillings, be allowed & 
paid out of the publick Treasury to Cpt. John Gardner to discharge 
the said Accompt. [Passed July 15. 



CHAPTEK 2. 

RESOLVE FOR THE TREASURERS SELLING 100 BARRELS OF GUN 

POWDER. 

Resolved that the Treasurer be & hereby is directed to dispose of ^®?'^'l**^?tj. 
One hundred Barrels of Gun Powder that belongs to this Province at council, xi., 12. 
the best Rate he can ; The Produce thereof to be applied for & towards House Jour- 
the Calling in Part of the Seventeen Thousand Pounds of Bills of Pub- ^^^' p- ^• 
lick Credit, that are to be called in this Year, So far as that will go. 
\_Passed July 15. 



CHAPTER 3. 

RESOLVE FOR AN ALLOW^ TO CPT, TUTHILL FOR VICTUALLING THE 
GARRISON AT CASTLE WILLIAM. 

A Memorial of Cpt. Zechariah Tuthill, Victualler to his Majesty's Legislative 
Castle William, Shewing that the Honb^ General Court At their Ses- councn'xi.fil 
siou in June 1719. were pleased to order the Memorialist six Shillings jj ^^^ j — '- — 
^er Man <j3er week, for victualling the Soldiers at the said Castle for nai, p. 5. 
the year ensuing, which is now expired, And humbly Praying that this La^vs^^ix., goo, 
Honb' Court would continue the same another Year, He being at a great chap. '15. ' 
Expence by Strangers coming so frequently to see the. Castle, And Pro- 

' The May session, which lasted but five days, contains no legislation proper, and was 
prorogued. 



8 "PnovmcB IjAws (Besolves, etc.). — 1720-21. [Chaps. 4-7.] 

visions & Cloathing having been so extraordinary dear for manj' years 
past, That his Wages has not supported him. 

Read & 

Resolved that Five shillings & Six pence ^er Man fser Week be 
allowed & paid out of the publick Treasury to Cpt Zechariah Tuthill 
the Memorialist for victualling the Garrison at Castle William for the 
year currant, beginning at the Expiration of the last Order of this 
Court on that Affair. [^Passed July 15. 



CHAPTEE 4. 

ORDER ALLOWING THE TREASURER OF MIDDLESEX'S ACC^. 

Record"of the ^^ AccoMPT presented by M' Daniel Russel Treasurer of the County 
Council, xi.. 13. of Middlesex from Dec"" 1718 to April 12. 1720, Allowed by the Gen- 
House Jour- eral Sessions of the Peace 

nal, p. 6. J- j^gj^^^ j^^^j-j 

Ordered that the s*^ Accompt be Allowed. \_Passed July 16. 



CHAPTER 5. 

ORDER ALLOWING THE TREASURER OF PLIMOUTH'S ACQt. 

Records 'of the ^^ AccoMPT of Johu Dyer Treasurer of Plimouth from March 7'^ 
Council, xi., 13. 1718 to March 12*^ 1719, Being allowed by the Court of General Ses- 
House Jour- sions of the Peace for the said County, 
nai.p.T. [Read and] 

Ordered that the s*^ Accompt be allowed. \_Passed July 16. 



CHAPTER 6. 

ORDER ALLOWING THE TREAS« OF HAMPSHIRE HIS ACCi". 

Records^of the -^^ AccoMPT presented by Pelitiah Glover Treas"" of the County of 
Council, xi., 14. Hampshire for the Year past. Allowed by the General Sessions of the 
House Jour- Peace. 
•^'^I'P-'^- Read& 

Ordered that the s** Accompt be allowed. \_Passed July 16. 



CHAPTER 7. 



ORDER ALLOWING THE TREAS« YORK HIS ACCt, 



Refordfof the ^^ AccoMPT presented by Abraham Prebble, Treas' of the County 
Council, xi., 14. of York from April 9. 1719 to April 5. 1720, Being allowed by the 
House Jour- Court of General Sessions of the Peace for the said County, 
"^^•P-^- Read& 

Ordered that the s"^ Accompt be allow'd. [Passed July 16. 

1 March 3 in State Library copy, Legislative Records of the Council, xi., 14. 



[1st Sess.] Province Laws {Besolves, etc.). — 1720-21. 9 

CHAPTER 8. 

ORDER ALLOWING THE TREAS^ OF BARNSTABLE'S ACC. 

An Accompt presented by Ebenezer Lewis Treas"" for the County of R|ford"of the 
Barnstable from April 1719 to April 1720, Being allowed by the Court Council, xi.,i4. 
of General Sessions for the said County, House Jour- 

[Read and] ^^^'P-"^- 

Ordered that the said Accompt be Allow'd. [_Passed July 16. 



CHAPTER 9. 

ORDER ALLOWING THE TREAS^ OF DUKES CO. HIS ACC. 

An Accompt presented by Eben' Allen, Treas^ of Dukes County from Legislative 
July 6 1718 to March 30. 1720, Allowed by the Court of General Ses- cmmcif, xl! il 
sions of the Peace for the said County. House Jour- 

[Read and] nai, p. 7. 

Order'd that the said Accompt be allowed. [Passed July 16. 



CHAPTER 10. 

RESOLVE ALLOWING £40 FOR SUPPORT OF THE MINISTRY AT BIDDE- 

FORD. 

Resolved That the Sum of Forty Pounds be allowed & paid out of legislative ^^^ 
the publick Treasury, towards the Support of the Ministry at Bidde- council, xi., u. 

ford. \_PaSSed July 16. House Jour. 

nal, p. 7. 



CHAPTER 11. 

RESOLVE GRANTING ANN TAYLOUR'S PETITION FOR REMITTING THE 
IMPOST ON NEGROES. 

A Petition of Ann Taylour of Boston Widow, Shewing that She Legislative 
being left at Jamaica a Widow with five small Children, was unable councif, xl! 15. 
to support her self & Family there. And therefore returned to Boston House Jour- 
the Place of her Nativity & brought with her two Negro Men & two nai, p. 7. 
Negro Women & their five young Children, the eldest of them not 
being more than eight yea,YS old & two of them being at the Breast, 
That She keeps the Women to look after her Children, and that the 
Negroe Children will sell but for very little. That She is informed the 
Law obliges her to pay a Duty of Four pounds .gjhead for the Children, 
as well as for the other Negroes, w'^'' if she had knowni, she would not 
have brought the Children with her. And therefore Praying in Con- 
sideration of the Premises, That this Court would please to remit or 
forgive, to the Petitioner the Duty arising upon the Importation of the 
said Negroes. 

[Read and] 

Resolved that the Prayer of this Petition be granted . [^Passed July 16. 



10 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 12-15.] 



CHAPTER 12. 

RESOLVE ALLOWING £20 TO LUKE VARDY. 

Refords"of the ^^ AccoMPT presented by Luke Vardy of Diuiug the House of Rep- 
Coimcii, xi.,16 . reseutif^' the last day of Election of Councellours ; amounting to £22. 18. 
House Jour- [Read and] 

nai, p. 9. Resolved that the Sum of Twenty Pounds, be allowed & paid out of 

the publick Treasury to Luke Vardy the Accomptant in full of the said 

Aceompt. [^Passed Jidij 18. 



CHAPTER 13 



RESOLVE ALLOWING £7 TO JOHN COTTON FOR LOSS OF BILLS OF 

CREDIT. 



nal, p. 10. 



Rifordfof the ^ PETITION of John Cotton of Newton Clerk, Shewing that on the 
CouDcii. xi., 16. twenty fourth day of last March, his Dwelling House in the said Town 
House .Jour- catch'd Fire, &, It being a dry & windy time was soon burn'd down to 
the Ground, And the greatest part of the Petitioners Household Stuff 
Books & Stores were consumed, And among other Things, a Desk 
wherein was one Five pound, & two Twenty shilling Bills of Credit 
of this Province, Which the Petitioner saw & left therein on the Morn- 
ing of the said Day, And his Wife being able to testify, that neither 
his Desk nor anything in it were saved. And therefore humbly Pray- 
ing That this Honb' Court would grant him the Sum of Seven pounds 
out of the publick Treasury, in consideration of his Loss of the Bills 
of Credit on this Province. 
Read & 
Resolved that the Prayer of this Petition be granted. \_Passed July 19. 



CHAPTER 14. 



RESOLVE ALLOWING THE TREASR OF SUFFOLK'S ACC. 



Legislative 
Records of the 
Council, xi., 16. 

House Jour- 
nal, p. 10. 



An Accompt of Samuel Chickley Treas' of the County of Suffolk 
from May 10. 1719 to May 20. 1720, Having been allowed by the 
Court of General Sessions of the Peace for the said County, 

[Read and] 

Resolved that the s*^ Accompt be allow'd. \^Passed July 19. 



CHAPTER 15 



RESOLVE ALLOWING THE TREAS« OF ESSEX HIS ACCOMPT, 

Records^of the "^^ AccoMPT of Johu Appletou Esq. Trcas'' of the County of Essex, 
Council, xi., 17. beginning Jan^ 5. 1718 & Ending Oct 23. 1719. Having been examin'd 
House Jour- & allowed by the Court of General Sessions of the Peace for the s"* 
nal, p. 10. County. 

[Read and] 

Resolved that this Accompt be allowed. \_Passed July 19. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1720-21. H 



CHAPTER 16. 

ORDER ON MILTON PETITION FOR BUILDING A NEW MEETING HOUSE. 

A Petition of the Freeholders & other Inhabitants of the Town of ^^'^d^^^f .j, 
Milton, Shewing that the People of the said Town are so far increased, Coupcii, xi., 18. 
That they find it necessary to build a new Meeting, house for the publick House Jour- 
Worship of God, The present Meeting House being small & not well ^^^' ^- ^*" 
accomodated for that Service ; That after several publick Meetings & 
Debates, what Place would be most commodious to erect the same on. 
It was Voted in a Town Meeting held May 6. 1720, to refer the Matter 
of placing the intended Meeting House to this Honb' Court, And there- 
fore humbly Praying that this Court would, take the Affair under their 
Consideration, & Appoint & Impower a Committee to determine, where 
the said Meeting House shall stand, that so Peace & good Agreement 
may be preserved in the said Town, & they may be the better accom- 
modated to attend on the publick Worship. 

In the House of Representitives, Read & 

Ordered that the Prayer of the Petition be granted. And that John 
Clark Esq. Major Jonas Bond & M"" Andrew Boardman with such as 
the Honb^ Board shall appoint be a Committee to perform the Service 
& make Report to this Court, The Town to bear the Charge of the 
Committee. 

In Council ; Read and Concur'd, And the Honb' Penn Townseud. 
& Tho' Fitch Esq" are joined in the Affair. [^Passed July 19. 



CHAPTER 17. 

ORDER ALLOWING THE TREAS» OF BRISTOL HIS ACCt. 

An ACG03IPT of Nathanael Payne Esq"^ Treas'' of the County of Bristol ^<'?'®!?"^?.,, 
from July P2. 1719 to May 10. 1^20, Havmg been allowed by the Court Council, xi., 20. 
of General Sessions of the Peace for the said County. House Jour- 

[Read and] nai, p. 15. 

Ordered that this Accompt be allowed. \_Passed July 20. 



CHAPTER 18. 

RESOLVE ACCEPTING THE COMMITTEE'S REPORT AB'' THE LINE 
BETWEEN WRENTHAM AND ATTLEBORO. 

Samuel Thaxter Esq'' from the Committee appointed bv the General Legislative 

Rpcorfifl of tnp 

Assembly at their Session held Nov" 4. 1719 ; To run y" Divisional Line Council, xi., 21. 
between the Towns of Attleboro' & Wrentham, Gave in the following House Jour- 
Report, viz' i?ai, p. 15. 

We the Subscribers together with William Basset Esq'' being a Com- Laws, ix.,68r), 
mittee to Inquire into. Run & Settle the Line or Bounds of Wrentham /j!/m,^ciiap. 
& Attleborough from Angle Tree to Pantucket River, And having ac- W- 
cordiugiy notified the said Towns & Dorchester, And Begun at the said 
Angle Tree, well known to be the very Tree anciently Markt by the 
Commissioners of the Colonies of the Massachusetts Bay & Plimouth, 
and on Record in the Secretary's Office, We ran a West Line according 



12 



Province Laws {Resolves, e^c. ) . — 1 7 20-2 1 . [Chaps .19,20.] 



to the Magnet, Allowing ten Degrees Variation, & Met with several 
Markt Trees, & We made Others so, where the old ones were not thick 
enough, & came on a black Oak near the Bank of the said River, men- 
tioned in the Return of the aforesaid Commissioners thus Markt, On 
the East Side 1664, South Side P : I W, C S, R S ; On the North Side 
M : E L, R G, I F, Being the first Letters of the Christian & Sir Names 
of the Commission" & the Date when they did the same, being under the 
Bark of the said Tree at least four Inches, yet when the Tree was chip'd 
very plain to be read. And nearer the River in this Line, under the Hill 
or Bank, We mark'd a White Oak thus, East Side 1720, S T, WD, South 
Side PA, North Side MB, We found the whole Line exactly to Agree 
with the Return of the first Commissioners in 1664, And therefore con- 
clude it the only proper Bounds of Attleborough on the South Side «Sc 
Dorchester in part, Wreutham in part &, Bellingham in part on the 
North 

Sam'- Thaxter 
May 18 1720 W'^ Dudley 

Read & 

Resolved that this Report be Accepted & that the Line be settled «& 
established accordingly. \_Passed July 20. 



CHAPTER 19. 



RESOLVE ALLOWING £4. 15 TO DISCHARGE THE ACC OF THE SOUTH 
LINE COMMITTEE'S EXPENCES. 



Legislative 
Records of the 
Council, xi., 21. 

House Jour- 
nal, p. 15. 
Supra, chap. 
18. Infra, 
chap. 20. 



An Accompt presented by the said Samuel Thaxter Esq"" of the Ex- 
pence of the said Committee &c in Running the said Line, Amounting 
to the Sum of Four pounds fifteen shillings.^ 

[Read and] 

Resolved that the Sum of Four pounds, fifteen Shillings, be allowed 
& paid out of the publick Treasury to the said Committee to defray^ 
their Charge. \_Passed July 20. 



CHAPTER 20. 



RESOLVE ALLOWING £4 ON ACC^ OF SOUTH LINE COMMITTEE'S EX- 
PENCES. 

Records'of the Samuel Thaxter Esq^ likewise [having] presented An Accompt of 
Council, xi., 23. the Said Committees Expences in the said Survey,^ Amounting to the 
House Jour- Sum of Four pounds. 

Po«<fp. 13, Resolved that the Sum of Four pounds be allowed & paid out of 

chap. 22. the publick Treasury to the Comm"' to defray their Charges. [Passed 

July 20. 

> " Sam' Thaxter & Will'" Dudley Esq" a Com'«« appointed by y" Court to run y" Line- 
between Wrentham & Attlebor6." — Executive Records of the Council, vii., 163. 
* Of Perigrine White's Fdim. — Sec 2}ost, p. 13, chap. 22. 



[1st Sess.] Province Laws {liesolvesy etc.). — 1720-21. 13 



CHAPTEE 21. 

VOTE FOR A TAX OF SIX THOUSAND POUNDS ONLY. Legislative 

Records of tlie 
Council, xi., 22. 

Voted that Six thousand Pounds only of the Seventeen thousands ^^^^^ j^^^ — 
Pounds, granted in the Year 1714 & 1717, be levied & raised on Polls nai.p. lo. 
& Estates, And that the Duties of Impost & Tunnage of Shipping with f^a^vs^lj®, i96; 
the Income of the Bills lent out, the Light House &c, be a Fund & ix., 362, chap.' 
Security for the drawing of the remaining Eleven thousand Pounds. 98- sss'ch'ap' 
[Passed July 20. so.' 

CHAPTEE 22. 

ORDER OF HEARING ON COMBES REPORT AB^ PERIGRINE WHITES 

FARM. 

The Committee for viewing the Bounds of Perigi'ine "Whites Farm Legislative 
of Two hundred Acres near Biidgwater & Reporting what Countrey councif, xi.,22. 
Laud near that Place was not granted. Having measured said White's Lgijisiative 
Farm find the same to contain upward of Six hundred Acies according Records of tiie 
to the pretended Bounds thereof. And Notwithstanding the great Over- 425. House 
plus Measure above the Grant, yet the Assignees of the said White insist p^ovince^" ^^' 
on & would have a greater Quantity lying between the old & new Colony Laws, ix., 657, 
Line of Seven hundred Acres more ; All which we have represented ^^^^^' "^' 
by the annex'd Piatt for Considei'ation, This last mentioned Land lies 
between Brantrey, Bridgwater & Dorchester, & the County of Plim- 
outh according as the County Bounds are now confirmed. 

Samuel Thaxter 
March 14. 1719, 20 William Dudley 

Read & 

Ordered that the Assignees of Perigrine White & the Inhabitants of 
the Town of Brantrey, that may be concerned therein, may be heard 
upon this Report, before the Court proceed thereon, (If they see meet) 
iflDon the second Wednesday of the next Session. \_Passed July 20. 



CHAPTEE 23. 

VOTE FOR A PRESENT TO THE PENOBSCOT INDIANS. 

William Tailer & Thomas Fitch Esq''® went down to the House Legislative 
of Representitives, on the following Message : viz' Coun^c*if,xi!24. 

The Boaixl are of Opinion, That it would be for the Honour & Ser- L^.^jgiative 
vice of the Governm' & the Advantage of the Eastern Settlements, If Records of the 
the Indians that are now in Town from Penobscot be encouraged with House' j'our- ^'^' 
a small Present, especially since the Commissioners that were at the °ai' v- is- 
Eastward last Winter assured them of the Favour of the Government. 

Upon further Consideration & Representation, That the Indians pro- 
posed to have a Present made to them, are Penobscot Indians, Who 
have distinguished themselves of late Years by a more dutiful & peace- 
able Behaviour ; 

Resolved that some Presents [be] ^ made to them, to the Value of Ten 
pounds, & be paid out of the publick Treasury. [^Passed July 21. 

1 Inserted from the State Library copy, Legislative Records of the Council, xi., 25. 



14 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 24-2G.] 



CHAPTEE 24. 



Legislative 
Kecords of the 
Council, xi.,24. 

House Jour- 
nal, p. 17. 



ORDER ON LEICESTER PETITION IN REGARD TO A TAX FOR FINISH- 
ING THE MEETING HOUSE. 

A Petition of "William Dudley Esq"" for & on behalf of the Town of 
Leicester, Shewing that the said Town on the ninth Day of March last, 
being legally warn'd to raise Money to defray Town Charges, which are 
arisen or may arise in F'inishing the Meeting House & Doing what is 
necessary to be Done. 

Voted that the Sum of Five shillings be raised & levied on each Pole 
or Head in the Town, & the sum of Two pence on each Acre of Land 
both divided & undivided, in the said Town of Leicester be levied by 
the Select Men & both these Rates to be made, as soon as may be in 
order to Pay the Debts of the Town & to defray other coming & neces- 
sary Charges, And to the End that the said Vote may not be utterly 
ineffectual (The Town at present not having the Power, wdthout Lib- 
erty from this Honb' Court to put it in Execution) Humbly Praying 
that the said Vote may be ratified & confirmed, And the Select Men 
& other Officers impower'd to do what shall be proper, & convenient 
to be done in pursuance thereof, in Order that the said Tax may be 
levied & collected & paid into the Town Treasurer, to Answer the End 
& Uses above said. 

Read & 

Ordered that the Prayer of this Petition be granted. \_Passed July 21 . 



CHAPTEE 25 



Legislative 
Records of the 
Council, xi., '25. 



VOTE TO ENCOURAGE THE APPREHEND" MONS^ RALLE. 

In the House of Representit"^^ 

This House being credibly informed, That IMons"' Ralle, the Jesuit 
residing among the Eastern Indians, has not only on several Occasions 
of late affronted his Majesty's Government of this Province, but also 
has been the Incendiary that has instigated & stirr'd up those Indians 
to treat his Majesty's Subjects setling there, in the abusive, insolent 
& hostile manner that they have done ; 

Resolved that a Premium of One hundred pounds be allowed & paid 
out of the publick Treasury to any Person that shall apprehend the said 
Jesuit within any part of this Province & shall bring him to Boston, & 
Render him to Justice. 

In Council, Read & Concur'd. [^Passed July 21.^ 



CHAPTEE 26. 



ORDER FOR LEVYING A TAX ON LANDS OF NON-RESIDENTS OF 

OXFORD. 



Legislative 
Records of the 



A Petition of Richard More, Representative of the Town of Oxford 
Council, xi., 25. jn behalf of the said Town, Shewing that altho' the General Court have 
already countenanced their Proceedings, to encourage the publick Wor- 
ship of God, the resident Inhabitants are not yet able without some 

' No reference to this action appears in the House Journal. At a later .date action of 
the House of Representatives is recorded, otferino; a reward of £200 for the arrest of M. 
Rall6. — House Journal, December 9, 1720, and November 15, 16, 17, 1721, 2)ost, chap. 63. 



House Jour- 
nal, p. 18. 
Province 
Laws, ix., 597, 
chap. 23. 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1720-21. 15 

further Assistance, to bear the Charges of supporting a Minister among 
them, And therefore humbly Praying that the Non Resident Proprie- 
tors, who have great Tracts of Land within the said Town which will 
be much advanced, & rendered more valuable by the Setlem' of an 
Orthodox Minister may be obliged by an Order of this Court, to do 
such part as shall be tho't reasonable towards tlie Maintenance of such 
a Minister, & other necessary Charges of the like Nature. 

Read & in Answer to this Petition, 

Ordered that the Select Men or Assessors of the said Town of Oxford 
be and hereby are Impower'd to levy a Tax upon the Lands of the Non 
Resident Proprietors after the Rate of Twenty Shillings per Annum on 
each Thousand Acres during the whole Terra of Three Years after this 
present Session to be employed for & towards the Maintenance of a 
pious & Othordox Ministry among them & for no other Uses. \_Passed 
July 21. 



CHAPTER 27. 

ORDER ON REPORT ABOUT PRINTER GREEN'S FARM. 

"We the Subscribers being appointed a Comm'^ by the Honb' House Legislative 
of Representat^'^' Sitting at Boston November 10. 1719. to Investigate, councul xi.,*27. 
Discover & settle the Bounds of Printer Green's Farm, now claimed by House Jour- 
John Baker ^ & others. Pursuant to the Original Grant & Piatt thereof nai,p.39(i7i9); 
Exhibited to said House, And to Notify the Owners of said Land, that ^' ' 
they might be present, If they see cause. And make Report of our 
Doings to said House. 

Pursuant thereunto we notified the Owners of said Land, & accord- 
inly we met the tenth of May 1720, And We began at Merrimack River 
& ran up Haverhill old Line, up to and by said Farm, And we found 
many fair Marks on said Line ; Then we began at the North Pond, & 
Ran North Easterly by an old Line of Trees mark'd. One hundred & 
forty Pole to an Heap of Stones, And then we turned «& ran by the 
Point assign'd in the Piatt or Record. And we ran Four hundred & 
four Pole, which reach'd to Haverhill Line, And there were several 
fair mark'd Trees, in this Line, And this Line led us to a Hole in the 
Ground, where We count a Tree had stood in Haverhill Old Line, Then 
we ran Southerly in Haverhill Line, One hundred Pole & sett up a 
Stake & Stones, Then we turned Westerly & Ran Ninety two Pole to 
a Ring of Stones round a Hole in the Ground near to New found Pond, 
All which we count is the Bounds that said Farm was laid out by, at the 
Original Laying out by Cpt. John Danforth, And within these Bounds 
is contained Three hundred & fifty eight Acres, The Grant was Three 
Hundred. 

(Sign'd) Joseph Burnap 

Samuel Jones 

Read, And, 

Ordered that this Report be so far Accepted, That the Bounds of 
Printer Green's Farm, be allowed & Confirm'd, to the Assigns of the 
said Printer Green as described herein. Provided they lay out a con- 
venient High Way through the same to the Province Lands adjoining, 
And pay the Charge of the Committee, that made this Report, And 
further 

Ordered that Cpt. John Gardner be appointed to lay out to the Heirs 
of the Honb' John Higginson Esq"" so much Land of the Province Land 

1 "Barker" in State Library copy, Legislative Records of the Council, xi., 27. 



16 



Province Laws {Resolves, etc.). — 1720-21. [Chap. 28.] 



adjoining, as he shall find is defalced out of a Tract of Land, that was 
laid out to the said Higginsou, by the Accepting & Confirming this 
Report. \_Passed July 22. 



CHAPTER 28. 



RESOLVE FOR EMITTING £5,000 IN BILLS OF CREDIT AND ORDER FOR 
REC« THE TAX IN SEVERAL SPECIES OF GOODS. 



House Jour- 
nal, p. 17. 
Province 
Laws, ii., 199. 



Records^of the Resolved That the Treasurer be & hereby is Directed to issue forth & 
Council, xi., 27. Emit the Sum of Five thousand pounds of the Bills of Publick Credit 
that are or shall be received into the Treasury, For Payment of the 
publick Debts of the Province already contracted for the Defence & 
Support of the Government, & the necessary Protection & Perserva- 
tion of the Inhabitants of this Province, & for the Forts & Garrisons 
& the 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 
Warrant or Order of the Governour or Commander in Clieif, for the 
Time being, 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, & shall be so taken & Accepted in all publick 
Payments. 

And as a Fund & Security for the same. There be & hereby is Granted 
to his most Excellent Majesty to the Ends & Uses aforesaid a Tax of 
Five 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 One thousand seven hundred & 
twenty four, & Paid into the Treasury the last of December next after ; 

And whereas through the Scarcity of Bills of Publick Credit, It 
grows difficult for Persons to convert the Produce of their Lands & 
other Effects into Bills & Pay their Rates in them ; 

It is further 

Ordered that the Inhabitants of this Province shall have Liberty (if 
they see cause) to pay the several Sums which shall be on them respec- 
tively Assess'd in the several Species hereafter mentioned. At such 
Rates & Prices as the General Assembly shall set them. Viz' In good 
Barrel-Beef or Pork, Or in Wheat, Pease Barley, Rye, Indian Corn, 
Oats, Flax, Hemp, Beeswax, Butter in Ferkius, Cheese Hides, Tann'd 
Leather, Dry Fish, Mackrel in Barrels, Oyl, Whale-bone, Bayberry 
Wax, or Tallow ; Which Species shall be receiv'd by the Treasurer of 
the several Constables & Collectors, to be by him disposed of ; to the 
best Advantage for the Calling in of the said Bills into the Treasury ; 
And if any Loss by the Sale of the aforesaid Species or by any other 
unforeseen Accident shall arise. Then such Difflceinces, shall be made 
good by a Tax of the Year next following; So as fully & effectually 
to call in the whole Sum of Five thousand Pounds of Bills Emitted 
aa afores*^. [^Passed July 22. 



[1st Sess.] Province Laws (^liesolves, etc.). — 1720-21. 17 



CHAPTER 29. 

ORDER ON ELIZ'^ CARDER'S PETITION, COMPLAINING OF A JUDGMENT. 

A Petition of Elizabeth Carder Daughter of Eliz" Lemmou (late Legislative 
Elizabeth Willis) of Boston dec*^ Shewing, That Anthony Haywood of cmmcn' xi "'^ 

Boston Merch' did on the seventh of August 1688, by a certain Obli- '^^ 

gation become bound to the s'^ Elizabeth Lemmon, in the penal Sum House Jour- 
of Two hundred & forty pounds, Condition'd for the Payment of One pJ-OTince 
hundred & twenty pounds with Interest, Which Sum of Money was Laws, vi., lis, 
put into his Hands as Feoffee in Trust for the said Elizabeth Lemmon, 
To be kept by him until her Daughter the Petitioner should arrive at 
the Age of Twenty one years, or until the time of her Marriage, Which 
of the two sliould first come, That the said Anthony Haywood having 
by his Will appointed Charles Lidgett & Francis Foxcraft Esq" his 
Executors, soon after died, That afterwards An Action of Debt was 
Commenced by the Father in Law & Mother of the Petitioner on the 
said Bond, but Judgment went against the Plaintiffs, The Petitioner 
not being then of Age, That in the year 1694, The Petitioner's Father 
& Mother being bound to the Island of Jamaica were taken b}^ a French 
Privateer, And the said Original Bond with other Papers were then de- 
stroyed & lost, And the Petitioner is hereb}' render'd unable to sue in 
the Course of the Common Law, Though She has made a Voyage from 
London at great Expence for that purpose, And that Francis Foxcraft 
Esq'' is fully perswaded, that the said Bond is justly due to the Peti- ■ 
tioner & ought to be paid, And therefore Humbly Praying That She 
may be Enabled by An Act of this Court to commence an Action ; on 
an autheutick Copy, of the said Bond, taken out of the Court Records. 

Read & 

Ordered that the Petitioner be enabled to commence an Action on 
an Authentick Copy of her Bond from the Court of Records And She 
have leave to bring in a Bill accordingly. [^Passed July 23. 



CHAPTER 30. 

ORDER ON MERCY VEERING'S PETITION FOR SALE OR MORTGAGE OF 

LAND. 

A Petition of Mercy Veering (Relict of John Veering late of Boston Legislative 
Sail-Maker) Thomas Veering Marriner, & Mary Buckley Widow (only councu, xlf "" 

surviving Children of the said John & Mercy Veering) Shewing that i". 3i. 

James Wiseman dec*^ did in his Life time, by a good Deed of Gift, House Jour- 
give unto his Son in Law the said John Veering, a small peice of Land "'^^' ^^' ^^' "^' 
scituate in Boston, together with a Dwelling House standing thereon 
(Which the said John Veering built at his own Charge before the said 
Deed was made) To Hold the said Land & Dwelling House w"" Ap- 
purtances thereto belonging to him the said John Veering & the Peti- 
tioner Mercy his then Wife, & the Children of their Bodies, lawfully 
begotten or to be begotten for Ever, So that by Vertue of the said 
Deed the said House & Land belongs to the Petitioner Mercy during 
her Life & after her Death will become the Estate of the other Peti- 
tioners & the Children of their Eldest Brother John Veering dec"^ But 
for as much as the said House is gone very much to Decay & that it 
cannot be Inhabited without some considerable Cost in Repairs, And 



18 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 31, 32.] 



the Petitioner Mercy is now old & has nothing left for her Support 
but the said House & Land, which are of no Service to her in their 
present Condition, And unless She can have Liberty to sell or mort- 
gage the same, And therefore Praying that this Honb' Court, would 
Impower the Petitioners to dispose of the said old House & Land, 
(Which is not worth above One hundred Pounds) or Mortgage the 
same for the Support & Maintenance of the Petitioner Mercy, The 
Remainder after her Decease to be divided among the Children & 
their Representitives. 

Read «& 

Ordered That the Prayer of the Petition be so far granted, That the 
Petitioners by & with the Approbation of Deacon John Marion, Deacon 
Samuel Marshal, & Deacon Edward Procter, be & hereby are impower'd' 
to make Sale of the said House & Land, One third part & porportion 
of the Money or Produce of the Sale of the said House & Land, being- 
reserved for the Use of the Children of the said John Veering Dec*^ & 
Applied to & for their Use, The other two Thirds, to be disposed of 
& divided, between the Widow &. the other two Petitioners either as 
they shall agree among themselves, or as the Trustees before named 
shall judge reasonable. [_Passed July 23. 



CHAPTEK 31. 



nal, p. 16. 



VOTE FOR THE TREASURER'S DISCHARGE. 

Refirdfof the ^^^' AccoMPTS of Jeremiah Allen Esq"" Treasurer & Receiver General 
Couudi, xi.,31. of the Province of the Massachusetts Bay in New England, Beginning 
House Jour- the 30 May 1719 & Continued to the 31 May 1720, Amounting to the 
Sum of Forty six thousand, seven hundred & ten pounds, fifteen shil- 
lings & nine pence, Having been presented & laid before the House of 
Representaf'"* & inspected by said House, By which it Appears there 
was standing out the thirty first of May 1720, Eightteen Hundred & one 
pounds, three shillings & eight pence of the Taxes. Seventteen Thou- 
sand, nine hundred & seventy six pounds, nineteen shillings & eleven 
pence Nett Province Bills, And Four thousand, two hundred & seventy 
eight Pounds, five Shillings & five Pence, with the Five f? Cent, Ad- 
vance thereon, in the Treasury further to be Accompted for ; 
[Read and] 

Voted that the said Accompts in the several Articles of Receipts & 
paym'' therein mentioned, Amounting to the Sum of Twenty two thou- 
sand, six hundred & fifty four pounds, six shillings & nine pence, be 
& hereby are allowed of. And the said Treasurer is hereby discharged 
of the said Sum of Twenty two thousand, six hundred & fifty four 
pounds, six Shillings «fe nine pence. [^Passed July 23. 



CHAPTER 32. 



RESOLVE FOR AN ALLOW'^ TO THE COMMISSIONERS FOR TREATING W" 

THE INDIANS. 

Records^onhe Resolved that Ten shillings ^ Diem be allowed & paid out of the 
Council, xi., 31. publick Treasury to each of the Honb : Commissioners that were sent 
House Jour. the last Winter, to treat with the Eastern Indians, the Time they were 
Pro'v^nS' o"^ tii'^t Service ; Viz' The Honb' William Taller, William Dudley & John 

Law8, ix., 701, Stoddard Esq". \ Passed July 23. 

clKip. 129. ^ L J 



[1st Sess.] Province Laws {Resolves, etc.). — 1720-21. 19 



CHAPTER 33. 

RESOLVE ON ACC^ OF THE COMMITTEE'S EXPENCE IN REVIEWING THE 
LINE ON R" ISLAND. 

An Accompt of the Honb^ Nath^ Byfield, Nath' Payne, & Samuel R^^^rdfTth 
Thaxter Esq''^ their Charge of performing the Service of reviewing council, xi.,3i. 
the ancient Line between this Province & the Government of Rhoad House Jour- 
Island, Amounting to the Sum of £13. 18. 9. 5.^1. pp-22,23. 

rr> 1 T-i Province 

[Read and] Laws, ix., 607, 

Resolved that the Sum of Thirteen Pounds eighteen Shillings, & nine '^^^^- ^^^■ 
pence, ^ be allowed & paid out of the publick Treasury to the said Com- 
mittee to discharge the said Accompt. [^Passed July 23. 



CHAPTER 34. 



RESOLVE ACCEPTING THE ACCts OF TRUSTEES OF THE £50,000. 

The Accompts of Addington Davenport, Thomas Hutchinson & ^^gisiative 
Edward Hutchinson Esq" & INP John White, Trustees for the £50,000 Councif, xi., 32. 
Loan of Province Bills, Whereby it appears that since the first day ^^chives 
of June 1719, They have rec*^ & paid into the Treasury Ten thousand cxxxvi., U. 
six hundred, & fifty seven pounds three Shillings & two pence of the House Jour- 
Principal, & One thousand, eight hundred & three Pounds, one shil- prp^^^ce' 
ling & four pence Interest. Laws, i., 750, 

[Read and] ^'^^^- 1*^' 

Resolved. That the s*^ Accompts be Accepted & approved, & that the 
Trustees the Accomptants be Discharged accordingly. [Passed July 23. 



CHAPTER 35, 

RESOLVE ALLOWING £13. 10 ON ACC OF COMMISSB^ FOR HAMPSHIRE 
LINE THEIR EXPENCE. 

An Accompt of Addington Davenport &c ; Commissioners appointed Legislative 
to settle the Line between this Government & the Government of New council, xi., 32. 
Hampshire, Amounting to the Sum of £13. 10. House Jour- 

[Read and] "»'. pp- ■^3. 24. 

Resolved that the Sum of Thirteen pounds & ten shillings, be allowed Laws, ix., 701, 
& paid out of the publick Treasury to the Honb' Addington Davenport •'^^p- ^'^''' 
Esq' to discharge the said Accompt. \_Passed July 23. 



CHAPTER 36. 

VOTE ON THE PETITION IN BEHALF OF THE QUAKERS. 

A Petition of Joseph Wanton & Richard Borden on behalf of the Legislative 
People called Quakers throughout this Province, Shewing that the said counc^f,xl!**^ 
People for Years past have suffered the Destraiut & Loss of their Goods ^a. ••<'2. 

> The House Journal reads £13. 8. 5. 



20 



Province Laws {Resolves, etc.). — 1720-21. [Chap. 37.] 



Mass. 
Archives, 
cxlii., 474, 476. 
Executive 
Records of the 
Council, vii., 
132. House 
Journal, p. 24. 
Province 
Laws, ix., 47, 
chap. 124. 



for the Support of the Presbj^terian or Independant Ministers, & also 
for the Building of their Meeting Houses, And that too often with much 
Extortion, Double & sometimes more being taken from them than the 
Sum demanded, That this Suffering for Conscience Sake they appre- 
hend to be a great Imposition & Hardship, they being Desenters from 
the Church of England, And the Charter of this Province granting full 
Liberty of Conscience to all Desenters, That altho' they have Solicited 
the Government heretofore, for Relief, have yet obtained none, That 
their Friends in England had made some Progress in their Affair : & 
were encouraged by the Agent of this Province, That the Government 
here would do something to make them easy. So that their Friends need 
proceed no further in England, notwithstanding all which they are still 
under great Sufferings in many Places in this Province, And there- 
fore Praying that this Court wou'd take these Matters under their 
Consideration, & give Orders that the Persons that are now suffering 
under such Impositions, may be discharg'd therefrom, for that their 
Consciences will not allow them to pay their Money for the Support 
of the said Ministers & Meetinghouses, And they being known dilli- 
gently to attend the Publick Worship in their own Meeting Houses, 
every first day of the Week. 

In Council, Read 

Voted that the Honb' Isaac Winslow, Nathanael Payne & Edmund 
Quincy Esq" be a Committee to join with such as the Houb' House 
shall appoint, to enquire into the Grounds & Reasons of the Com- 
plaints of the People called Quakers, And to Consider what may with 
Justice & due Regard to the Laws of this Province be done for their 
Ease, And more especially to prevent their being oppress'd upon any 
Distress made upon their Estates, And to make Report at the General 
Assembly at their Fall Session. 

In the House of Representat™' Read & Concur'd, And 

Ordered that Cpt. William Throop, Major Meletiah Bourne, M'' John 
Foster & Cpt. John Gardner be joined in the Affair. \_Passed July 23. 



CHAPTEK 37 



Legislative 
Records of the 
Council, xi., 32. 

House Jour- 
nal, \>. 25. 
Province 
Laws, ii., 61, 
chap. 18; ix., 
697, chap. 117. 



ORDER FOR COMMITTING THE ACC^s OF THE £100,000 LOAN. 

In the House of Representat"''' 

Ordered that M' William Clark, M^ Treasurer Allen & M' John White 
Clerk of this House, be a Committee in the Recess of this Court, To 
Inspect the Accompts of the Commissioners of the Hundred Thousand 
Pound Loan of the Province Bills that are brought in & prepare them 
for the Court to pass upon at their next Session, And that such of the 
Commissioners as have not return'd their Accompts framed according 
to a Model sent to them, by M"" William Clark &c, formerly a Com- 
mittee appointed by this Court, be strictly required without Delay to 
conform their Accompts to the said Model, & return them to the Com- 
mittee hereby appointed. In Order to their being prepar'd by them to 
be pass'd on, by this Court at their next Session, And that in the mean 
time. All the Commissioners of the said Loan in the several Counties 
respectively do get & pay in to the Treasurer the Sums due for Interest. 

In Council, Read &, Concur'd. [Passed Jidy 23. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1720-21. 21 



CHAPTEE 38. 

ORDER ON GYLES DYER'S PETITION, STAYING EXECUTIONS. 

A Petition of Gyles Dyer Merch' Shewing that at an luferiour Court Legislative 
held at Boston for the County of Suffolk on the first Tuesday of Octo- councif.x., 
ber last past, he recovered Judgment against John Barnard late of Bos- '^■^"' ^'- 



ton Merchant for the sum of Two hundred eighty four Pounds twelve ^**]"®''4*?T'7iqv 
shillings & nine pence ; That at the same Court the said John Barnard p. 25.'' Prov- ' 
recovered Judgment against the Petitioner in three Actions for the sum 693*chap ^ios^'* 
of Two hundred & ninety Pounds ; but so it is, that the said Barnard 
is absconded, so that the Petitioner can receive no Benefit by his Judg- 
ment against Barnard, altho he has taken out Execution thereupon ; but 
the Petitioner will be liable to the Execution of the said Barnard upon 
his three Actions, when Judgment should be made up thereon, the same 
being respited by the Judges of the Superior Court till the Court shall 
meet upon their Adjournm' upon the Petitioners humble Petition to the 
Judges ; That the said Barnard will leave an Attorney to receive the 
Money recovered against the Petitioner, on purpose to defraud him; 
who will be left without Remedy unless relieved by this Hon'''* Court, 
And therefore humbly Praying that An Act may be made for his Relief ; 
which may order the said Money levied by the said Barnards Execu- 
tions, to be lodged in the Superior Court, that so it may be subjected 
to the Petitioners Execution, or otherwise, as to the Justice & Wisdom 
of this Hon^'^ Court may seem most proper & fitting. 

Read & 

Ordered that the Consideration of this Petition, be further continued 
to the next Session of this Court, And that Executions on both Sides 
be stayed in the mean time. \_Passed J\dy 23. 



CHAPTEE 39. 

RESOLVE ALLOWING £400 TO THE JUDGES. 



Resolved, that the Sum of Four hundred Pounds, be allowed & paid Legislative 
out of the publick Treasury to the Honb' the Judges of the Superiour coiincu, xu, 33. 
Court of Judicature, in Proportion to the Courts they have attended the House Jour- 
Year past. [^Passed July 23. nai, p. 26. 



CHAPTEE 40. 

RESOLVE ALLOWING £250 TO THE TREASURER. 

Resolved., That the Sum of Two hundred & fifty Pounds be allowed Legislative 
& paid out of the publick Treasury to Jeremiah Allen Esq'' Treasurer couuctf, xi.*33. 
of this Province for the Year past. His Trouble being extraordinary House Jour- 
in Changing the Bills of Credit, & taking Care for the Supply of the ^^i- p- 26. 
GaiTisons &c. \_Passed July 23. 



22 



Province Laws (^Resolves, etc.). — 1720-21. [Chaps. 41-45.] 



Legislative 
Records of the 
Council, xi.,33. 

House Jour- 
nal, p. 25. 
Sewall's 
Diary, iii., 258. 



CHAPTEK 41. 

RESOLVE ALLOWING £500 TO HIS EXCY THE GOV». 

Resolved that the Sum of Five hundred Pounds be allowed &, paid out 
of the publiek Treasury to his Excellency Samuel Shute Esq' Captain 
General & Governour in Cheif of this his Majesty's Province for his 
Support in managing the Affairs of the Government. \_Passed Jidy 23. 



CHAPTEK 42. 

RESOLVE ALLOWING £20 TO M^ JOHN WHITE. 

Records^of the Resolved that the Sum of Twenty pounds be allowed & paid out of 
Council, xi.,33. the publick Treasury to John White Clerk, in Part for his Service the 
House Jour- Year Currant. \_Passed July 23. 

nal, p. 26. 



CHAPTER 43. 



Legislative 
Records of the 
Council, xi.,33. 

House Jour- 
nal, p. 26. 



RESOLVE ALLOWING PAYMENTS TO JOHN FLAGG. 

Resolved that the Sum of Twenty seven pounds, ten shillings be 
allowed & paid out of the publick Treasury to M"^ John Flagg, Door 
Keeper to his Excellency the Governour & this Court for his Service 
half a year. Ended the twenty sixth day of last Month, And twenty 
one shillings & eight pence for looking after the Clocks &c. \_Passed 
July 23. 



CHAPTER 44. 



Legislative 
Records of the 
Council, xi.,33. 

House Jour- 
nal, p. 23. 



ORDER ON WELLS PETITION FOR CONFIRMING THEIR TOWNSHIP. 

A Petition of Francis Sawyer Representative of the Town of Wells 
on behalf of the said Town, Shewing that the said Township of Wells, 
has never yet been Setled, & Confirm'd by any Act of the General As- 
sembly, & Many People have taken Advantage thereof, & have tres- 
pass'd on that part of the Town which borders on Berwick, by Cutting 
& Carrying off Timber Wood &c, to the great Damage of the Proprie- 
tors of the said Town, Against which they have no Remedy in the Law, 
And therefore Praying that the Bounds of the said Township of Wells 
may be setled and confirmed b}' an Act of this HonlV Court Agreable 
to a Piatt of the same herewith exhibited. And that the said Town may 
have & Enjoy the Privelidges, which other Towns within this Province 
have & enjoy. 

Read & 

Ordered that the Prayer of this Petition be granted, Provided it 
entrench not on any former Grant. \_Passed July 23. 



CHAPTER 45. 



ORDER ON WALTER PRICE'S PETITION, COMPLAINING OF A JUDGMENT. 

RecordfoUhe ^ PETITION of Walter Price of Salem, Shewing that John Fayer- 
Councii, xi.,33. wcther & Others did at an Inferiour Court of Common Pleas, held at 



[1st Sess.] Province Laws {Resolves^ etc.). — 1720-21. 23 

Boston on the first of July Currant, Recover of the Petitioner a Judg- House Jour- 
ment for Six Hundred & twelve Pounds &c, From which Judgment °^>p-26- 
he appealed to the Superiour Court, But being obliged by his great 
Infirmities of Body to hasten Home, He depended upon his Attorney 
to enter into Recognizance with Sureties to prosecute his Appeal, but 
thro' Oversight & Forgetfulness his Attorney failed of entering into 
Recognizance till the Time w^as lapsed. By which means the Petitioner 
is liable to be torn in peices, Whereas if they could have finally recover'd 
any thing, It should be of the Estate of William Hurst Esq"^ Dec'^ & not 
of the Petitioners own proper Instate, And therefore Praying that by the 
Favour & Indulgence of this Court, the Execution on the said Judgment 
may be superseded & Liberty now given hiui to Enter into Recognizance 
& prosecute ^ his said Appeal to the next Superiour Court. 

[Read and] 

Ordered that Major AV alter Price, be Enabled at any Time within 
ten days after the Rising of this Court to give Bond, for prosecuting 
an Appeal by him made, in an Action prosecutid against him at the 
Inferiour Court the first Tuesday of July Currant at Boston, by Mess. 
Sewall, Fayerwether & Minot as Attorneys to Mabson & others. And 
the Clerk of the said Inferiour Court is hereby directed, to take a proper 
Recognizance for the said Appeal to be brought forward at the Supe- 
riour Court in November next, And the Execution already issued out 
against the said Walter Price is hereby suspended & Ordered to be 
return'd to the proper Office without further Proceeding, The Peti- 
tioner satisfying the Sheriffe : Any Law, Usage or Custom to the Con- 
trary notwithstanding. \_Passed July 28. 



CHAPTER 46. 

VOTE ACCEPTING THE REPORT RESPECTING THE CONTROVERSY BE- 
TWEEN IPSWICH HAMLET & CHEBACCO, RELATING TO KNIGHT'S 
FARM AND KNOLTON & BUCKMAN. 

Samuel-_Sewall Esq^ gave in an Agreement made by Chebacco & Legislative 
Ipswich Hamlet to refer their Differences to be determined by certain council^ xi., si 
Persons, named in the said Agreement, & the Report of the Referrees Legislative 
thereupon, W^ are as follow^s ; Viz' Records of the 

Council X 

Whereas there is a Hearing appointed by the General Court between 417. House 
Chebacco & the Hamlet, relating to Knights Farm, & Knolton & Buck- p°"^iP-^"- 
man, We being desirous to have an amicable Agreement, Do mutually Laws, i\-., 632, 
agree to leave the whole Affair to the Honb' Addington Davenport, ciiap. 34!"' ^^' 
Samuel Sewall & John Clark Esq" And do hereby oblige ourselves to 
rest satisf3^ed with their Determination, & to desire the General Court 
to ratifv & confirm the same. And we do likewise Agree, that the above- 
said Gentlemen, shall determine concerning the Charges arising b}' the 
aboves'* Controversy: Boston Nov"^ 18. 1719. 

Nathaniel Goodhue ") Agents for Mathew Whipple ~\ Agents 

Thomas Choat j Chebacco Mathew Whipple jun" > for the 

Samuel Pollard ) Hamlet 

In Pursuance to the above written Agreement of the Agents of the 
Hamlet & the Agents of Chebacco, To leave the Affair therein men- 
tioned to us the Subscribers Obliging themselves to rest satisfyed with 
our Determination, therein desiring the General Court to ratif}^ & Con- 
firm the same, We have mett the said Agents & heard & considered their 

• The words " & prosecute " are taken from the State Library copy, Legislative Records 
of the Council, xi., 35. In the Secretary's copj-, instead of "& prosecute" the following 
appears : " till the time w." 



24 



Province Laws {Resolves, etc.). — 1720-21. [Chap. 47.] 



Allegations on either Side, And are thereupon of Opinion, That Thomas 
flvnolton & Jeremiah Buckman, should continue to the Hamlet as they 
have already been sett off, with their Friends of Knights Farm, by the 
General Court in the year 1718, & be freed from any other Charges a- 
Chebacco, Each of the said Parties to bear their own Charges in Proset 
cuting this Controversy, And our Opinion is now humbly offer'd & sub- 
mitted to the Great & General Court for Confirmation, if they judge it 
reasonable, 

! Samuel Sewall 
Add. Davenport 
John Clark 

Voted that the Report & Determination of Samuel Sewall, Addington 
Davenport & John Clark Esq" on the Affair of Knolton & Buckman be 
& hereby is Accepted Ratified & Confirmed. \_Passed July 23. 



CHAPTEK 47. 



Legislative 
Records of the 
Council, xi., 35. 

Legislative 
Records of the 
Council, ix., 
114, 285. 
House Jour- 
nal, p. 20. 
Province 
Laws, ix., 176, 
chap. 11; 291, 
chap. 22; 696, 
chap. 113. 



VOTE RESPECTING LANCASTER NEW GRANT. 

A Memorial of William Tailer Esq'' in Behalf of the Committee 
appointed to lay out two Towns to the Westward of Groton, Shew- 
ing that the Committee in Surveying the Land appointed for the said 
two Towns, They find that a wrong Return was made for the Town 
of Lancaster of a Grant of Land made by the General Assembly to 
the said Town, The Committee appointed to survey it Stating the 
Course, left it to be run by the said Town, And the said Town run- 
ning the same upon a Point of the Compass different to what the said 
Committee had determined. And that the said Return is confirm'd by 
the General Court, That thereby a Grant of Land made to the Town 
of Woburn, & another to the Town of Dorchester are push'd into the 
Place design'd for one of these new Towns, Which will prove preju- 
dicial to the whole Province, as well as to the said intended new Towns, 
if not remedied. Boston July 21. 1720 (Sign'd) By Order of the 

Committee, W" Tailer. 

In the House of Representaf^' This House having Information that 
Mess. Jonathan Prescot, Samuel Jones, & John Farnsworth, a Com- 
mittee formerly improved by this Court, to view a Tract of Land peti- 
tioned for by the Town of Lancaster, & make Report & who did report 
the Bounds for a Tract of Land to be granted to said Town, but did 
not mark out the Lines of the said Tract, but only assign'd the Points 
of the Compass, whereby to mark them out, W"" the said Town of 
Lancaster have since done, but have not duly followed the Directions 
of the said Committee's Report ; 

Ordered that Cpt. Peter Rice, Cpt. Jonas Prescot, & M"" William 
Ward, be a Committee to run & Mark out the Lines & Bounds of that 
Late Grant to Lancaster. Pursuant to the directions in the Report of 
the said Committee, And make Report of their Doings, to this Court 
the next Session, The Surveyors & Chain men which they shall im- 
prove to be under Oath, The Charge of the Committee & Survey to 
be born as shall be directed by this Court. 

In Council, Read & Concur'd. {^Passed July 23. 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1720-21. 25 



CHAPTER 18. 

ORDER FOR WRITING TO THE AGENT RESPECT^ THE BOUNDS OF THE 

PROVINCE. 

In the House of Representar^^ ^^^'^^^"""f .u 

/-\ ^ 7 1 -r-.i- 1 /-< T -r 1 /-^i 1 r^^^ -»t o -.xt-it -r^ i KeCOrdS 01 the 

Ordered that Ehsha Cook, John Clark, Oliver Noyes & William Dud- Council, xi., 35. 
ley Esq" & Cpt. Johii Gardner with such as the Honb' Board shall ap- House Jour- 
point, be a Committee in the Recess of this Court, to search the Books °^^' p- '^• 
& Records, & prepare Instructions for M"" Agent Duuimer, wherby to 
enable him to defend the just Limits & Boundaries between this Prov- 
ince & the Governments of New York. New Hampshire & Rhode Island, 
to be approv'd by his Excellency & the Council, & to be transmited, by 
the Secretary in the Name of this Court. 

In Council, Read & Concur'd, And 

Ordered., that Addington Davenport, Thomas Fitch, Samuel Thaxter 
Esq" & the Secretary, be joined with the Committee of the House for 
the Affa,ir above. \_Passed July 23. 



CHAPTER 49. 

VOTE ABT THE EASTERN FORCES, CONTINUING FIFTY MEN FOR PRO- 
TECTION OF THE FRONTIER. 

Voted that the Number of Fifty men be continued in the publick R®?*rd*'of the 
Pay for the Protection of the Eastern Frontiers until the twentieth council, xi., 36. 
day of November next. And that his Excellency be requested to order House Jour- 
twenty of them to be placed at Swan Island in Kennebeck River, under ^^^' pp- i*'^^- 
a distinct Officer, A Plan represented most advantageous to encourage 
& cover the Eastern Settlements The Proprietors to provide convenient 
Lodgings. \_Passed July 23. 



CHAPTER 50. 

ORDER FOR A HEARING ON BRIDGWATER PETITIONS ABOUT THEIR 

MEETING HOUSE. 

A Petition of Josiah Sears & sixty three others, Inhabitants of the Legislative 
North Precinct in Bridgwater, Shewing that at a Precinct Meeting held coiim'if x* *^^ 
the sixth of Novem"" last, It was Voted & Agreed (with Submission to 44 1; xi.^'as".' 
this Hon'''^ Court, ) that the old Meeting house should be continued where Legislative 
it now stands, & that a Minister be settled agreably thereto ; & that when coun^n, x!,*^ 
the East Part shall obtain a Precinct from the General Court, this West ^^■^. 407,'408. 
Part shall pay to the East so much as they liave advanced towards the nai, p. -23. 
Settling of a Minister, & that the dividing Line shall be a North & 
South Line to pass thro the Center of the Precinct : And Praying that 
this Court would grant that the Vote of the said Precinct at their Meet- 
ing as afore said be ratified & confirmed. 

Read & 

Ordered that a Hearing be had on this «fe the other Petitions of the 
Town of Bridgwater, referring to their Meeting House on the second 
Wednesday of the Session of this in Autumn next. [^Passed July 23. 



26 



Province Laws (Resolves, etc.). — 1720-21. [Chaps. 51-53.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 

ON THE second DaY OF NOVEMBER, A.D. 172O. 



Legislative 
Becords of tlie 
Council, xi., 40. 

House Jour- 
nal, p. 7. 



CHAPTER 51. 

ORDER FOR CHANG<> A £5 BILL FOR M^ JOHN FOSTER. 

Ordered that the Treasurer receive three Quarters of a Five pound 
Bill of Credit on this Province herto annexed, of M' John Foster & 
give him a whole Five pound Bill for the same, It being made appear, 
that the said part of the said Bill was casually burnt. \_Passed Novem- 
ber 4. 



CHAPTER 52. 

VOTE ACCEPTING THE COM^es REPORT FOR PLACING MILTON MEETING 

HOUSE. 



Legislative 
Records of the 



Hal, p. 8. 
Ante, p. 11, 
■chap. 16. 



Penn TovnsrsEND Esq" from the Committee of both Houses (appointed 
CouDcii, xi.,40. by an Order of this Court at the Session begun & held July 20. 1720) 
House .Jour- to state & Settle the most proper Place for Erecting a Meeting House 
in the Town of Milton, gave in tlie following Report, Viz' 

Pursuant to the abovesaid Order of the General Court, We the Com- 
mittee have repair'd to Milton, view*^ the several Places proposed for 
the building their Meeting House on, & heard the Allegations of the In- 
habitants belonging to the several parts of the Town, And upon mature 
Consideration had thereon, are of Opinion that the most convenient 
Place for building the Meeting House on for the accommodation of 
the whole Town, is on the Eastermost part of Pitchers Land, where 
the Oats grew the Summer past Which is humbly offer'd & sub- 

mitted, 

Penn Townsend in behalf of the Committee, 

Read & Accepted. \_Passed November 5. 



CHAPTER 5 3 



RESOLVE ALLOAVING £1.5 TO HUGH PIKE. 

Ttl^ords^of the ^ PETITION of Hugh Pike, Shewing that he having served in the Ex- 
CouDcti, xi.,40. pidition against Port Royal (commanded by Coll. March) as Ensign to 
House .lour- Coll. Walton, he then receiv'd a dangerous AVound, Which has ever since 
nai, p. 8. disabled him from doing any thing for the Support of himself & Family, 



'■[2d Sess.] Province Laws (liesolues, etc.). — 1720-21. 27 

And that his Wounds of late are grown much worse, And therefore Pray- 
ing the Compassionate Consideration of this Court, And that some Thing 
may be done for his Relief. 

Read & 

Resolved that the sum of F'ifteen pounds be allowed & paid out of the 
publick Treasury to Hugh Pike the Petitioner for his Relief. \_Passed 
November 5. 



CHAPTEK 54. 

RESOLVE ALLOWING £10 TO NATHANIEL KNOWLTON FOR SAMUEL 

CLARK. 

A Petition of Samuel Clark, Shewing, That about Twenty two Years Lef?isiative 
since being a Soldier in the Garrison at Pemaquid Fort under Capt Chub, councu, xl^w. 
he received several greivous Wounds from the Indian Enemy, By reason House jour- 
of which his Limbs are much enfeebled, & almost without Sence, & his nai, p. s. 
Body in a languishing Condition, So that he is render'd uncapable of 
Labouring for a Livelyhood, & having no Estate is reduced to a very 
distress'd Condition, And therefore Praying a compasionate Consider- 
ation of his deplorable Circumstances & such Releif as to the Good- 
ness of this Court shall seem fitting. 

Read & 

Resolved that the Sum of Ten pounds be allowed & paid out of the 
publick Treasury to M"" Nathaniel Knoltou for the Relief of the Peti- 
tioner. [_Passed Nove^nber 5. 



CHAPTER 5^. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO 
ACC'« OF THE CHARGE OF V^ ADDITIONAL BUILDING AT HARVARD 
COLLEGE, AND MAKING A PRESENT TO THE COMMITTEE FOR THEIR 
SERVICES. 

The Accompts of Jonathan Remington, Charles Chambers Esq'' & Legislative 
M^ Andrew Boardman a Committee appointed by the Court to Oversee councif,xi.,4i. 
the Additional Building at Harward College, Of the Charge of Build- House Jour- 
ing & Finishing said House, The Ballance of which due to the Prov- nai, p. lo 
ince, being One hundred, sixteen pounds, & one Pennj', Together with, pro7in'ce' 

The Report of M' William Clark in behalf of the Comm"^ appointed ^^IT "7*''" *'^*' 
by the House of Representat"^' to view the said Building, Which Report 
is as follows. 

In Obedience to the Order of this Honb' House, The Committee went 
to Cambridge & View'd the Additional Brick Building at Harvard Col- 
lege, lately erected there at the Province Charge, And Report that they 
find it a well built & finished House, & well adapted to the Reception 
of Students, The Committee have also examined «fe Audited the Ac- 
compts of the Committee that had the Care of Building the same, And 
Report, That they find them well vouch'd & rightly cast. And the sev- 
eral Charges in the many Tradesmens Bills no more than what is usual 
& Customary, And that the Ballance due from the Committee to the 
Province is One hundred & sixteen Pounds & one penny ; The Com- 
mittee also received the Keys of the said Building, Which with the 
President &c, they named Massachusetts Hall, & Deliver'd the said 



28 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 56-58.] 



Keys to the Presideut, as to the President & Fellows of Harward 
College. 

(Sign'd) W" Clark ^ ordre of the Committee 

Read & 

Ordered that this Report be Accepted, And that the sum of One hun- 
dred & sixteen pounds, & one penny the Ballauce in the Hands of the 
Committee, be presented to them for their good Service in taking Care 
of the Building. \_Passed November 5. 



CHAPTEK bQ. 

ORDER ON SAM^ PATISHAL'S PETITION, REMITTING THE DUTY ON A 

NEGRO CHILD. 

Records'of the ^ PETITION of Samuel Pattishall, Shewing that he came with his 
Council, xi.. 4-2. Family from Jamaica, & arrived in the Port of Boston in August 
House Jour- last in the Brigantine Swan Walter Baker Master, & Imported in the 
nai, p. 9. gd grigantine Four Negroe Slaves ; Viz' One Negro Man two Negro 

Women «fe a sucking Child as his Household Servants, And in as 
much as he brought the said Servants to carry with him to the East- 
ward, & Abide with him there, where he is determined to settle with 
his Family upon his Estate, & will by no means sell or dispose of the 
said Negro Servants, Therefore Praying that this Honb' Court w*^ take 
the Premises under their Consideration, & Remit to him the Duty of 
Impost of Four Pounds ^head, he is obliged by Law to pay for the 
said Negroes. 
Read & 

Ordered that the Prayer of this Petition be so far granted, as that the 
Duty upon the Sucking Child be remitted. \_Passed November 7. 



CHAPTER 57. 

VOTE TO PREVENT THE SPREADING OF THE SMALL POX. 

Refoids^ofthe INFORMATION being given that Capt. Gore lately arrived in this Har-^ 
Council, xi., 43. bour with the Small Pox in his Ship, w^hereof he is lately dead. 
House Jour- Resolved that the Select Men of the Town of Boston be Directed & 

nai, p. 10. Impower'd to take effectual Care, That none of those who have accom- 

panied or attended Capt. Gore in his Sickness, be permitted to come 
to the Town of Boston until it may be reasonably judged, That they 
will not be likely to bring the Infection with them. \_Passed Novem- 
ber 8. 



CHAPTER 58. 



Legislative 
Records of the 
Council, xi., 
39, 44. 

Legislative 
Records of tlie 
Council, xi.,38 
his, 39, 40, 41 
ter, 42 bis. 
Executive 



VOTE REQUESTING HIS EXCY TO ORDER MONS' RALLE TO BE APPRE- 
HENDED. 

Eesolved that it is derogatary to his Majesty's Honour, & very in- 
jurious to this Province, That Mons"^ Ralle a French Jesuit & Mission- 
ary should in Defiance of the Law, Reside in any part of this Province, 
W^ we are informed he now does as an Incendiary among the Indiana 



[2d Sess.] Province Laws {Resolves, etc.). — 1720-2i. 29 

at Noridgwock, and that his Excellency the Governour be requested ^^^Q^^llf °[i"'^ 
with Advice of the Council, to take effectual Methods for his Removal. 230. House' 
[Passed No mm her 8. S.^pl'il; ^' 

. chap. 25. 

CHAPTER 59. 

RESOLVE ALLOWING £37. 9. 7 TO EARTH" GREEN. 

An Accompt of Bartholemew Green Printer, Of Printing & Paper Legislative 
for the Govermn' in the year 1719, Amounting to the Sum of Thirty coundi',xi.,44. 
seven Pounds, nine shillings & seven pence House Jour- 

Read & nai, p. h. 

Resolved that the Sum of Thirty seven pounds nine Shillings & seven 
pence be allowed & paid out of the publick Treasury, to Bartho. Green 
the Accomptaut, to discharge the said Accompt. \_Passed November 8. 



CHAPTER 60. 

RESOLVE ALLOWING £8. 19 TO JOHN CHANDLER FOR JOHN MERRY. 

An Accompt of John Merry of Woodstock, of Sundry Disbursm'' on Legislative 
John Sandf ord, who fell sick & died at his House in April last, Amount- Qou^cff xi.*4l. 
ing to the sum of Eight pounds nineteen shillings & two pence ; :^^ — j^, — 

[Read and] nai, p. h. 

Resolved, that the sum of Eight pounds nineteen shillings, be allowed 
& paid out of the Publick Treasury to John Chandler Esq"^ for the Use 
of the said Merry. [^Passed November 8. 



CHAPTER 61. 

ORDER DISCHARGING THE COMMITTEE ON ACC^ OF DISBURSM^s ON 
THE REPAIRS OF CASTLE WILLIAM. 

An Accompt presented by the Honb' William Dummer Esq"" Com- Legislative 
mander of his Majesty's Castle William, Amounting to the Sum of ^ouncif x^*44 

Five hundred Pounds expended by the Committee for the Repairs of 1— ^^ — ■ 

the s'' Castle William by Order of the General Assembly nai, p. ii. 

TJpflrl A- Provinee 

^^^^^ *^ Laws, ix., 616, 

Ordered that the said Committee be discharged of the sum of Five chap. 76. 
hundred pounds, they receiv'd out of the Treasury, as expended in 
said Accompt. \_Passed November 8. 



CHAPTER 62. 

ORDER ON RICHARD IRESON'S PETITION COMPLAINING OF A JUDG- 
MENT. 

A Petition of Richard Ireson of Marblehead, Cordwainer, Shewing Legislative 
that he commenced an Action of the Case against Edward Wilkinson coundf, xi.!']!. 
of Boston, Coaster, To be heard & tried at the Inferiour Court of House Jour- — 
Common Pleas, to be held at Salem for the County of Essex on the nai, p. 12. 



30 



Province Laws (Besolves, etc.). — 1720-21. [Chaps. 63, 64.] 



Province 
Laws, ii., 165, 
chap. 1. 



last Tuesday of June last (as in the Writ is at large set forth). When 
& where the said Wilkinson recovered Judgment ag^' the Petitioner 
for Costs of Court, From which Judgment he Appealed to the next 
Superiour Court of Judicature then appointed, by Law to be holden 
at Salem for the said County of Essex on the second Tuesday of 
November Instant, And Recogniz'd accordingly. But the Petitioner 
soon after went to Connecticut to take Care of his Affairs there, & 
return'd soon eno' to file his Reasons of Appeal in the Clerks Office 
of the Inferiour Court, forteen days before the usual time of the Sit- 
ting of the said Superiour Court, But to his great Disappointm' he 
found at his Return, That the General Court, had by an Act brought 
forward the said Superiour Court for the County of P^ssex, & appointed 
that it should be held at Salem the last Tuesday of October, So that 
he was prevented & fore closed by the said Law from Giving in his 
Reasons of Appeal Time enough for the said Court, He returning into 
the Province too late, And humbly Praying that this Honb' Court W'Ould 
take the Premises under Consideration, And Grant him Liberty to file 
his Reasons of Appeal, in the Clerks Office of the said Inferiour Court 
of Common Pleas for the County of Essex, forteen days before the 
next Superiour Court to be holden at Ipswich for the s'' County of 
Essex, on the third Tuesday of May next. And that the Justices of 
the said Court may be Impower'd & Directed to proceed to a Trial 
of the said Cause, as if the Reasons of Appeal had been filed in course 
according to the Direction of the Law. 

Read & 

Ordered that the Pra3'er of this Petition be granted, And that the Peti- 
tioner have Liberty to bring in a Bill accordingly. \^Passed November 8. 



CHAPTEK 63. 



ORDER RESPECT^ BRIDGWATER MEETING HOUSE. 



Legislative 
Records of the 
Council, xi., 46. 

House Jour- 
nal, pp. 13, 14. 
Ante, p. 25, 
chap. 50. 



The Petition of John ^ Packered & others of the Town of Bridgwater,^ 
A Hearing having been had before the Court on this & the other- 
Petitions of the Town of Bridgwater, referring to their Meeting-house. 
Ordered that the said Meeting House be continued where it now 
stands.^ [^Passed November 9. 



CHAPTER 64. 



VOTE ACCEPTING THE COMM^ks REPORT RESPECT" THE KENNEBECK 

INDIANS. 



Legislative 
Records of the 
Council, xi.,46. 

Legislative 
Records of the 
Council, xi.,4.^. 
House Jour- 
nal, p. 13. 
Province 
Laws, ix., 701, 
chap. 129. 



The Committees appointed by the two Houses to Confer on the Sub- 
ject Matter of the Votes that have pass'd relating to the Kennebeck 
Indians gave in the following Report ; Viz* 

This Government being well assured at divers Times last j'ear of 
the many Wrongs & Injuries done by the Kennebeck Indians on the 
English Inhabiting the P^astern Parts within this Province, occasion'd 

1 " James'''' in the House Journal. 

^ In regard to the location of a meeting house. 

3 The record adds, " Consented to, J. Dudley," a mistake, of course, as to the Governor. 
The same mistake appears in the State Library copy, Legislative Records of the Council, 
xi., 51. 



[2d Sess.] Province Laws (i?e*o?ye5, e^c.). — 1720-21. 31 

the General Court to send several Gentlemen to Casco Bay to Acquaint 
those Indians of their Misdeameaners and demand Satisfaction therefor, 
& bring them for the future to a suitable & peaceable Behaviour towards 
all his Majestys Subjects residing there, Who mett several of the Indians 
with some of the principal Men, And they, after many Interviews with 
the Gentlemen sent for that purpose, firmly Promised & Engaged, That 
as soon as their whole Tribe, (whom they, represented) could be called 
together, they would advise with their great Council, in order to make 
full Satisfaction for the aforesaid Wrongs, Which they have altogether 
neglected to comply with, But on the contrary, have repeated their In- 
juries to the People in those Parts the Summer past to their very great 
Loss & Damage in their Estates, And also insulted their Persons, All 
which unjust & barbarous Actions of the Indians, This Governm' is 
firmly resolves'd to bear no longer, And Do therefore Constitute and 
Appoint Shadrach Walton Esq" Capt Samuel Moody, John Penhallow 
Esq"" Cpt Johnson Harman, & Capt. John Wainwright (or any three of 
them) to meet the Indians according to Appointment at George Town, 
& Acquaint them. That they are Directed by his Majesty's Government, 
To let them know, That the Great & General Court is now Sitting in 
Boston, And expect that they forthwith send their Messengers to render 
a Reason for their Non Compliance with their Promises, so solemnly 
made at Casco Bay in January last. And why they have renewed their 
Insufferable Insults this present year, & refuse to make Restitution for 
the Damage done, as they expect any further Protection, or are desirous 
to remain in Friendship with the Government, And that with all possi- 
ble Dispatch the Commanding Officer send an Express to Boston advis- 
ing what they shall have done. 

Read & Accepted. \_Passed November 9. 



CHAPTER Q5. 



ORDER FOR FITTING UP THE HOSPITAL. 

Ordered that the Select Men of the Town of Boston be disired to Legislative 
take Care for the Fenishing the Hospital upon Spectacle Island, so coundf xi*47 

as to make it warm & comfortable, for the Entertainm' of the Sick, „ -' — '- — ' 

And that they Supply necessarys, to such as are there & not able to nai, p. is. 
provide for themselves, To be paid for out of the publick Treasury. La^vsTx. 6i5 
[^Passed November 10. chap. 72. 



CHAPTER 66. 

RESOLVE ALLOWING £6 TO CAPT. JOHN BILLING FOR THE RELIEF OF 
ONCANNANUG, AN INDIAN. 

A Petition of Capt John Billing of Dorchester, Shewing that he Legislative 
has now under his Care an old Indian Man, named Thomas Oncun- councif xi*^9 

nanug, w^ho labours under great Infirmities, Having wholly lost his — r-— ^ — ■' 

Eye Sight in the publick Service, being one of the Guard to the Mast nai, p. 17. 
Cutters to the Eastward, & being now very old is utterly unable to 
support himself, And for as much as the Petitioner has for several 
Years maintain'd him, having had a small Allowance for that End out 
of the publick Treasury, & is under no particular Obligation to sup- 
port him, And therefore Praying that the said blind Indian may have 



32 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 67, 68.] 



some further Relief out of the publick Treasury, that so the Burthen 
may not lye wholly upon him, Or that he may be Discharged from any 
further Care of him & Expence about him. 

Read & 

Resolved that [the] ^ Sum of Six Pounds be allowed & paid out of 
the publick Treasury to Capt John Billing the Petitioner, To be by 
him improved for the Relief of the said Indian. \_Passed Novemher 11 . 



CHAPTER 67. 

ORDER REVIVING THE VOTE ACCEPTING AND CONFIRMING THE PLATT 
OF THE TOWN OF WELLS. 

Kecords^of the The Platt of the Town of AVells, having been pass'd upon by the 
Council, xi., 50. Representatives at the Session of this Court, begun & held July 13. 
House Jour- 1720, in the following Words. Viz' "In the House of Representatives 
Swief p^l'2, July ^3. 1720, Accepted & Confirm'd " ^ And no Vote pass'd thereon in 
«hap. 44. Council, The said Platt was again presented: 

Ordered that the above Vote be revived. \_Passed Novemher 11. 



CHAPTER 68. 



Legislative 
Records of the 
Council, xi., 50. 

Legislative 
Records of the 
Council, vi., 
424. House 
Journal, p. 20. 
Province 
Laws, vii., 88, 
chap. 42; ix., 
682, chap. 83. 



ORDER ACCEPTING THE COMM'' REPORT AB'' THE BOUNDS BETWEEN 
NORTHAMPTON AND HATFIELD. 

Pursuant to an Order of the General Court in November last, Ap- 
pointing us the Subscribers a Committee to view the Line between the 
Towns of Northampton & Hatfield, We did upon the eleventh day of 
May last, view the several Stations & Lines shown us, by the Agents 
of the respective Towns, And the Day after did Peruse the Records 
& all other Papers presented to us. And heard the Pleas made on each 
Side, And having fully consider'd the whole Matter, Do humbl}^ Offer 
that M"" John Pynchon M' i:ieazer Holyoke, & M' Samuel Chapin, w^ho 
were a Committee appointed by the General Court in May 18. 1658, 
To Divide the Lands at Nonatuck into two Plantations, Did Divide 
the said Lands, Making the River of Connecticut from the Falls to 
the Mouth of Copawank to be the Dividing Line, And from thence the 
said River Copawank to be the Bounds between the two Towns, after- 
wards called Northampton & Hadley, And in Januar}' 22'' 1662, The 
Town of Northampton by their Agents did Agree with the Town of 
Hadley on a different Line, in order to accommodate a third Town or 
Plantation ; Viz' Beginning at a Tree lying on the Ground at the South 
West Corner of a little Meadow called Nampaunse ; From thence run- 
ning North Sixty Rods, Where they made An Angle Running East, 
eighteen Perch, There making a second Angle, Running North One 
Mile & one hundred Pole, where they made a Third Angle, Running 
West, Nine Miles, All three Angles being now visible by Ditches Dug 
in the P^arth, with Stones or Trees. This Agreement was made & agreed 
to accommodate the other Town now called Hatfield, And w^e further 

' State Library copy, Legislative Records of the Council, xi., 54. 

2 The quotiition is not literally correct. The vote was: " Ordered that the Prayer of 
this Petition be granted, Provided it entrench not on any former Grant." — Legislative 
Records of the Council, xi., 33. 



[2d Sess.] Province Laws {Resolves, etc.). — 1720-21. 33 

Report, That when the General Assembly in their Grant to Hatfield 
May 10. 1673 And in their second Grant of Nov"" 26. 1695, Did bound 
the said Town of Hatfield upon the aforesaid Line, There was no other. 
And which was Acknowledged, Renewed &, often Perambulated by 
Hadly & Hatfield, We are therefore humbly of Opinion, That the said 
Line by Agreament as before described, was & is the only Divisional 
Line between the two Towns of Northampton & Hatfield, And that 
the same do continue so for the future, There being no Pretence or 
Allegations in any wise on either Side, That there is or ever was any 
other Line run from the Great River nine Miles Westw'' into the 
Woods, but what is before discribed 

I John Chandler 
j W" Dudley 
( Thomas How 

Read & 

Ordered that the above Report be Accepted, And the Accompt of 
Seventeen pounds two Shillings & four pence (the Charge of the Com- 
mittee) be allowed & paid by the said Towns, viz' Half by the Town of 
Northampton, & Half by the Town of Hadley. [_Passed November 12. 



CHAPTER 69. 

ORDER ON EBENK JOHNSON'S PETITION, CONFIRMING TITLE TO LANDS. 

A Petition of Ebenezer Johnson Grandson of Cpt. Edward Johnson Legislative 
late of Woburn Dec"* in the Name of himself & the rest of the Heirs cofmcu! xl! 5i. 
of the said Edward Johnson. Shewing that whereas the General Assem- 



bly in their Session held in October 29. 1718 In Answer to the Peti- nai, p. is. 
tion then prefer'd by Edward Johnson Brother to the Petitioner, were La^vs'^fx. 62- 
pleased to Order that two Hundred Acres of Land which was deline- chap.'ido.' 
ated & described in the Piatt therewith Exhibited, should be allowed ciiap. 47. ' 
& confirm'd as the two Hundred Acres of Land, granted to the said 
Edward Johnson in the year 1663 Provided it does not Entrench on 
any former Grant, Nor is part of the two Tracts of Laud beyond 
Groton reserved for Townships by the General Assembly, The said 
Two hundred Acres of Land return'd to the Court, & condittionally 
allowed as aforesaid, happens to fall within the Bounds of the said 
Tracts of Land reserved for Townships, And therefore Praying that 
the Two hundred acres of Land describ'd in the Piatt herewith ex- 
hibited, may be allowed & confirm'd to the Petitioner, & the other 
Heirs of the said Capt. Edward Johnson, To fulfil the above said 
Grant, It having been survey'd by a Surveyour & Chain Men under 
Oath, and lying without the Bounds of the said Tracts. 

Read & 

Ordered that the Piatt delineated on the other Side be allowed & 
Confirm'd as the Two hundred Acres of Land granted to Capt. Edward 
Johnson Anno 1663, Provided it exceed not the Quantity of Two hun- 
dred Acres, nor entrench upon any Former Grant, And that the former 
Plat & Vote thereon be made null & void. \_Passed November 12. 



34 Province Laws {Resolves, etc.). — 1720-21. [Chaps. 70-72.] 



CHAPTEK 70. 

RESOLVE ALLOWING £33 IN PAYMENT OF D^ JOHN HERRICKS ACC^. 

Record8o?tiie ^^ AccoMPT presented by Docf John Herrick of his Applications 
Council, xi., 52. to Sergeant Daniel Tucker, under Cure of a Gun Shot Wound in the 
House Jour- Trunk of his Body, amount" to tlie sum of Thirty three pounds. 
^^ ' ^" ■ [Read and] 

Resolved that the sum of Thirty three pounds be allowed & paid out 
of the publick Treasury to Capt. Joseph Herrick for the Use of Docter 
John Herrick to discharge the said Accompt. \_Passed November 14. 



CHAPTEE 71. 

RESOLVE ACCEPTING THE REP^ OF THE COMMITTEE ON BURNING 
TORN & DEFACED BILLS. 

Records'of the I^ Obedience to an Order of the great & General Assembly at their 

Council, xi.,.i4. present Session appointing us the Subscribers a Committee to take An 

Legislative Accompt of Province Bills of Credit, that were torn & defaced. We have 

Councif,xi.,38; accordingly receiv'd of M"" Treasurer Allen, the several Bills of the De- 

^^oT' Vfelrf'^ea D^^iii^tion in the above Accompt. Amounting to Nine thousand, seven 

Hods'e Joiir- hundred & eighteen pounds, three shillings & four pence. Part of the 

/»^/m'chap Principal that was receiv'd of Addington Davenport, Thomas & Edward 

72. ' ' ■ Hutchinson p:sq'* & W John White, Trustees for the £50,000 Loan, 

And Caused the Said Nine thousand, seven hundred & eighteen Pounds, 

three shillings & four pence to be burn'd to Ashes, as Witness our 

Hands this eleventh of Nov'' 1720 

(Sign'd) Penn Townsend, William Clark. 

Thomas Hutchinson, John Chandler, 
Samuel Brown John Stoddard, 

Thomas Fitch, John Wainwkight, 

Jonathan Belcher, Jonas Bond, 

Oliver Noyes, Ebenezer Austin. 

Read & 

Resolved that this Report be Accepted & that the Treasurer be dis- 
charg'd accordingly.^ \_Passed November 15. 



CHAPTEK 72. 

RESOLVE ACCEPTING THE REP^ OF BURNING BILLS SIGNED WITH 

THREE HANDS. 

Records M^ the ^^ OBEDIENCE to the Order of the Great & General Court at their 
Council , x i., 55. present Session, Appointing us the Subscribers a Committee to take 
House .Tour- an Accompt of Province Bills of Credit, that are torn & defaced. We 
^»ai>ra^v,h&^. li^vc accordingly received of M'' Treasurer Allen the several Bills of 
71' the Denomination in the above Accompt, Amounting to the Sum of 

1 The concurrence and the Governor's consent appear in the State Library copy, Legis- 
lative Records of the Council, xi., 62, but not in the Secretary's copy. 



[2d Sess.] Province Laws {Resolves, etc.). — 1720-21. 35 

One thousand & seventy pounds, fifteen shillings & ten pence, on 
Accompt of the Canada Loan, and caused the same to be burnt to 
Ashes, As witness our Hands the 11* of November 1720 

John Chandler John Wainwright 

Jonas Bond Penn Townsend 

Eben" Austin Thomas Hutchinson 

Jon'' Belcher Samuel Brown 

Oliver Noyes Thomas Fitch 

John Stoddard 

Read & 

Resolved that this Accompt be Accepted, & that the Treasurer be 
Discharg'd accordinglyo \_Passed November 15. 



CHAPTER 73. 

RESOLVE UPON THE REPORT OF THE SETLEM^ OF RUTLAND. 

We the Subscribers of the Committee for Setling the Town of Rut- Legislative 

land, Considering the Grant of the said Town made by the Honb' Gen- counrii^xi.,55, 

eral Court, tho't it became us humbly to represent to this Great & Honb' LeKisiative 

Court our Complying with &, fulfilling, the Directions & Conditions of Records of the 

' . (Joiiiicil ix 

the said Grant, Which were that within seven years time. Sixty Families -ms, 368, '434'.' 
be settled thereon, & sufficient Land reserved for a Gospel Ministry & n^T^ff 22"'' 
School »&c. Accordingly Sixty Dwelling Houses are erected & Sixty Pn'vince 
Families, Dwelling in them, (a List of the Names of the Heads of them oiiap^'itjo-'^o!' 
is here exhibited) & a convenient Ministry Lot & School are Assign'd. cbup. i74;379, 
W''' that this Honb' Court might be duly ascertain'd of. We prevail'd 
with three of the worthy Members of this Honb' Court, Viz. John 
Chandler & Francis Fulham Esq" & M"" Joseph Wilder to come upon 
the Place & observe the same, W^^ we humbly presume are ready to 
confirm this our Report, And we crave Leave further to add. That the 
Proprietors of said Township have expended several hundred Pounds 
in Erecting a Meeting House, Cutting & Making of Roads to the said 
Town passable. In getting & maintaining a Learned Orthodox Minis- 
ter, & Bringing forward Settlements thereon, W^'' We hope. If Divine 
Providence continue to smile upon us, will be a good & serviceable 
Town in this his Majesty's Province. 

Estes Hatch Thomas How 

Thomas Smith Stephen Minot 

Jacob Stephens 

We the Subscribers testify to the Truth of the aforewritten Report, 
As to the Number & Houses & Names of the Heads of them. Having 
visited & seen each Family as setled upon the Spot, the thirteenth & 
fourteenth days of October 1720, We also certify. That we were shown 
a Lot for the Ministry & another for the School, Each containing thirty 
Acres (Being the same in Quantity and as good in Quality as the rest 
of the Lotts) , The Rights of which are equal with the other Lotts, both 
very conveniently laid being near the Meeting House, There is also 
Laud left for a Green containing twelve Acres or Upwards, On which 
stands the Meeting House very commodious. The Dimensions whereof, 
were fifty feet long. Forty feet wide & twenty feet Stud : 

(Sign'd) John Chandler 

Francis Fulham. 
Joseph Wilder 



36 



Province Laws (Hesolves, etc.). — 1720-21. [Chaps. 74-76.] 



Read & 

Resolved that the Report on the other Sides be Accepted, And that 
the Proprietors of Rutland have f ulfill'd the Conditions of their Grant. 
\_Passed November 15. 



CHAPTER 74. 



House Jour- 
nal, p. 24. 



ORDER ON DANi- POWNINGS MEM" AB^ THE POWDER HOUSE. 

Records of the -^ MEMORIAL of Daniel Powning, Keeper of the Powder House in 
Council, xi., 56. Boston Shewing that the Floor of the said Powder House is much 
out of Repair, & gone to Decay & Moving that some Workmen may 
be Appointed to survey the same & repair it where it shall be found 
necessary to prevent further Inconvenience. 
Read & 

Ordered that M"" Daniel Pow[n]ing the Memorialist be disired to take 
Care to have the Repairs necessary for the said Powder House speedily 
done at the best Rate he can, & lay an Accompt thereof before this 
Court, if Setting, Otherwise before his Excellency the Goveruour & 
Council for Payment. \_Fassed November 15. 



CHAPTER 75. 



ORDER FOR A COM^e ON REPAIRS AT THE CASTLE. 



Legislative 
Records of the 
Council, xi.,57. 

House Jour- 
nal, p. 26. 
Ante, p. 29. 
chap. 61. 



Ordered that the Honb' William Dummer Esq'' Oliver Noyes & M' 
William Clark, be a Committee in the best & most effectual manner 
to secure the East & West Heads of Castle Island, either by Wharves 
or by driving in of Spoils, To be filled up with Stones, or otherwise as 
upon good Advice & Consideration it shall be thought necessary, And 
to Get new Carridges made for the Guns at the lower Battery of good 
Strong white Oak, season'd Timber, To be paid for out of the publick 
Treasury. \_Passed November 16. 



CHAPTER 7(3 



Legislative 
Records of the 
Council, xi., 

52, 58. 

House Jour- 
nal, pp. 19, 21, 
24. 



VOTE OF THE HOUSE UPON THE PETITION OF NORTON ASSESSORS. 

A Petition of John Witheril & John Skinner Assessors for the Town 
of Norton, for the Year 1719. Shewing that they did in the said j^ear 
Assess four several Distinct Rates ; Viz' The Province Tax, a Tax 
for the Support of the Minister, &, two Taxes to defray the necessary 
growing Charges of the Town, Pursuant to Law & the Order of the said 
Town, According to their best Judgment, That M" Ann Leonard, her Son 
George Leonard, «& Cpt. Samuel Brental All of the said Town made 
Complaint to the Petitioners, that they were over-rated in all the said 
Assessments, At the Time appointed for Hearing the said Complaint, 
M" Leonard did not appear, & M'' Leonard & Cpt. Brintnall, did not 
make any Proof to the said Assessors, That they were rated above their 
Proportion, But soon after made Application to the Court of General 
Sessions of the Peace, who abated something on the Province Rates of 



[2d Sess.] Province Laws (Bemlves, etc.). — 1720-21. 37 

the said M" Leonard & her Son, & taxed a Bill of Costs on the Town 
of Norton of Plight pounds, sixteen shillings & four pence. And Con- 
demn'd all tlie Rates, except the Province Kates as unjust & unequal, 
& Taxed Bills of Costs on the said Town to pay to the said Widow 
Leonard & her Son Nine Pounds & four pence, and to pay Capt. Brent- 
nal Three Pounds four shillings & four pence ; Upon which the said 
Assessoi's, Prayed an Appeal to the Superiour Court, but it was denied 
them, And the Court of General Sessions of the Peace, directed the said 
Assessors to make three of the said Rates again without any Warrant, 
And they Knowing that the said Assessments were made upon Oath & 
according to their best Understanding, Did not comply with the Court's 
Direction, Whereupon the Minister of the said Town, Complained to 
the Court of Sessions for want of his Salary, And the Petitioners being 
cited, one of them appear'd at the Court to answer the said Complaint, 
And the Court did then renew their Order to make the said Rates anew. 
Which the Petitioners did not think proper to comply with, not being 
then Assessors, & Questioning the Power of the Court to condemn the 
said Tax Bill, Whereupon the Petitioners were apprehended by a special 
Warrant, And being brought before some of his Majesty's Justices of 
the Peace, were Order'd to give Bond for their Appearence, which they 
refusing were sent to Prison, And there kept till the Adjournment of 
the said Court, When the}' were fined Forty shillings apiece. From, which 
Judgment they Prayed an Appeal, but were wholly denied. And there- 
fore Praying that this Honb' Court would consider their Case, & give 
them such Relief as to their Wisdom & Goodness shall seem meet. 

Read & 

Ordered that altho' M'' Leonard & others might have Reason to apply 
to the Court of Sessions for an Abatem' of their Rates, And, if upon 
Disclosing that Matter, It did appear to that Court, That the Assessors 
had not attended the Rules & Directions of the Law, in some Points, 
Yet foras much as the Law has not Impower'd the Court of Sessions in 
such cases to declare the whole Rate Bill null & void. And Order the 
Assessors to make a new Assessment, That therefore the three Rate 
Bills made by the Assessors of the Town of Norton 1719, Which were 
Condemn'd by the Sessions, & new ones Order'd to be made, in lieu 
of them, be collected & paid in, on or before the last day of February 
next. And all that think themselves over-rated may have their Remedy 
as heretofore by Law accustom'd. And the Constables that had those 
Rates to collect, be directed & Impower'd to Gather in & Pay the same 
accordingly ; And that thp Petitioners be enabled, to bring forward an 
Appeal to the next Court of Assize at Bristol from the sentence of the 
Court of Sessions, where they were fined Forty shillings each & denied 
An Appeal. [^Passed November 16. 



CHAPTER 77. 

RESOLVE ALLOWING £6 PER ANNUM TO JOHN ARMS FOR LIFE. 

A Petition of John Armes of Deerfield, Shewing that during the late Legislative 
War, he being in the publick Service against the French & Indian Enemy, q^*'^*^] ^\ ^59 

receiv'd several grievous & dangerous Wounds, By reason of which, he = ' ' — '■ 

is now a Criple, & utterly disabled to do any thing for his Support, And nai/p. 27. 
therefore Praying that this Honb' Court would allow him a suitable Pen- 
sion, to be paid out of the publick Treasury during his Life 

Read & In Answer to this Petition, 



38 



Province Laws {Resolves, etc. ) . — 1 720-2 1 . [Chaps . 7 S-80 . ] 



Resolved that the Sum of Six pounds ^ Annum, be allowed & paid 
out of the Publiek Treasury, to John Amies the Petitioner during his 
natural Life for his Relief. \_Fassed November 17. 



CHAPTER 78 



ORDER ON JOS. & HANNAH PARMETERS PETITION FOR SALE OF LAND. 



nal, p. 27. 



Records'of the ^ PETITION of Josepli Parmeter Father, &, Hannah Parmeter, Widow 
Council, xi., 5ti. relict of Benjamin Parmeter, late of Brantry dec'' Son to the said Joseph, 
House Jour- Praying that they may be Enabled to sell, an House & aV an Acre & 
an half of Land, which belonged to the said Dec'' The Produce thereof, 
to be lodged in the Hands of Trustees, To be improved for the Use of 
the Children of the said Benjamin Parmeter dec'' until they shall come 
of Age 
Read & 

Ordered that Cpt. Peter Adams & M'' Samuel Savil of Brantrey, be 
& hereby are authoriz'd & Impower'd to make Sale of the real Estate 
of the s'' Benjamin Parmeter, the Produce thereof to be put out to 
Interest, AVhich Interest to be Applied to & for the Use of the Widow 
& Children of the s'' Deceas'd, And the Children to have their propor- 
tion of the Principal as they come of age. [Passed November 17. 



CHAPTER 79 



RESOLVE ALLOWING £12. 2 IN PAYMENT OF BENJ-^ HAWS'S ACC^. 



Kecor'ds'of the ^^ AccoMPT presented by Benjamin Hawse, One of the Committee 
Council, xi..(io. appointed, by the General Court in Nov"" 1716, To go to Nantucket «& 



House Jour- 
nal, p. 30. 
Province 
L<aw8, ix.,494, 
chap. 102. 



Inquire into the Grievances there ; Of his Charge & Service, amounting 
to the Sum of £12. 2. 

[Read and] 

Resolved, that the Sum of Twelve pounds, two shillings, be allowed 
& paid out of the publiek Treasury, to JVP Benjamin Hawse the Ac- 
comptant to discharge the said Accompt. [.Passed November 18. 



CHAPTER 80. 



RESOLVE ALLOWING £17. 18 TO NICH*^ BOON. 



Legislative 
Records of the 
Council, xi.,(iO. 

House Jour- 
nal, p. 30. 



An Accompt presented by Nicholas Boon, for Paper, Printing & 
Sticking the Votes of the House of Representat™^ for the Sessions of 
Nov'' 1719 & July 1720, Amounting to the Sum of Seventeen Pounds, 
eighteen shillings. 

[Read and] 

Resolved that the Sum of Seventeen pounds Eighteen Shillings, be 
allowed & paid out of th(^ publiek Treasury to Nicholas Boon the Ac- 
comptant to discharge the said Accompt. [Passed November 18. 



[2d Sess.] Province Laws (liesolues, etc.). — 1720-21. 39 



CHAPTER 81. 

ORDER FOR A DUPLICATE OF THE RECORDS OF THE GENERAL 

ASSEMBLY. 

Whereas the Preservation of the piiblick Records (More especially Legislative 
of the General Assembly) is of great Importance, And the Uestruc- councif.xi., 

tion of them by Fire (to which they are exposed while Single) would 5". ^'^- 

be an irreparable Loss to this Province, And whereas there is a Dupli- House Jour- 
cate of the said Records from the first Planting of this Province to the "'' ' ^'^" ' 
year 1686, & no longer. 

Ordered that the Secretary be directed with all convenient Speed to 
prepare a Duplicate of the Records of the General Assembly from the 
Year One thousand six hundred & eighty six to this present Time, The 
same with the Duplicates of of ^ the preceeding time to be kept, where 
the House of Representat""' for the Time being shall direct. [Passed 
Noveviber 19. 



CHAPTER 82. 

RESOLVE ON JOHN BARN'S PET^ REMITTING DUTY ON IMPORTATION 

OF NEGROS. 

A Petition of John Barns of Boston March' Shewing that the Peti- RSafof the 
tioner had consign'd to him from Antigua, by the Ship whereof Jona- Council, xi., 

than Clark was Master, a Negro Boy named Jocky about fifteen years ^^'^- 

of Age, That in the Month of September, on the Back of Nantucket House Jour- 
both the said Negro Boys Leggs were frozen, So that he lay along 
time under Cure, And the Surgeon was obliged at last to cut off both 
his Feet above the Ancle, And the Petitioner was forc'd to sell him 
for Ten pounds, to a Taylour & paid Thirty five pounds for his Cure, 
And therefore Praying that the Duty of Four Pounds, arising on the 
Importation of the said Negroe, And to be paid to the Commissioner 
of the Imposts, may be remitted him. 

Read & 

Resolved that the Prayer of this Petition be granted. [Passed Novem- 
ber 22. 



CHAPTER 83. 

ORDER ON EBEN. NEWELL' S PETITION, COMPLAINING OF A JUDGMENT. 

A Petition of Ebenezer Newell of Roxbury, Husband Man, Shew- Legislative 
iug that upon the Presentment of the Grand Jury for the County of ^oundf, xl*^^ 
Suffolk, before the General Sessions of the Peace, held at Boston, on tis, 64. 
the fifth of April last past, He was Convicted of Selling Strong Drink, House Jour- 
without Licence, & Sentenced to pay a Fine of Ten pounds or Suffer »ai, p.37. 
twenty days Imprisonment & Pay Costs of Prosecution, From which 
Judgm' of the Court of Sessions, he appealed, to the Court of Assize 
next to be holden for the said County, But not knowing that he ought 
to have Enter'd his Appeal, the first day of the Court, he was Debar'd 
his Entry, Which he afterwards Offer'd, And the former Judgment was 
AflSrm'd with additional Costs, And for as much as he doubteth not, but 

> Sic' 



40 



Province Laavs (liesolves, etc.). — 1720-21. [Chaps. 84, 85.] 



upon ail other Trial, He shall be able to make his Innocency appear. 
Praying the Favour of the Court, that P^xecution may be suspended, 
And he permitted to Pinter his Appeal, at the next Court of Assize, to 
be holden for the said County of Suffolk 

Read & 

Ordered that the Prayer of this Petition be granted, And that the 
Petitioner have leave to bring in a Bill accordingly. [_Passed Novem- 
ber 22. 



CHAPTER 84. 



Legislative 
Records of the 
Council, xi.,64. 

Executive 
Records of the 
Council, vii., 
146, 170. 
House Jour- 
nal, p. 36. 
Province 
Laws, ii., 32. 



RESOLVE ALLOWING £70 TO JOHN HAYES, KEEPER OF THE LIGHT 

HOUSE. 

A Petition of John Hayes, Keeper of the Light-House at Beacon 
Island, Shewing that he is necessitated for the faithful Discharge of 
his Office, to Hire two Men constantly to Attend that Service as well 
as himself. So that after Mens Wages are paid, & Provisions are sup- 
plied them, the Petitioners Allowance is not sufficient to Give himself 
& Family a vSupport, And in as much as it may have been represented, 
that his Profits are considerable by Giving Entertainm' on the Island, 
That he has found the same prejudicial to himself, as well as the Town 
of Boston, And therefore he has left off giving Entertainm' for the last 
twelve Months, And that for the Affair of Pilotage, In the Summer 
season, Almost every Fisherman or Boat Man, as they meet with in 
the Bay Pilot the Ships in. And that his Benifit b}' Pilotage is by that 
means very inconsiderable. And therefore Praying that some sufficient 
Addition be made to his Salary, That it may be what is necessary for 
his Support 

In Answer to this Petition, 

Resolved that the Sum of Seventy pounds be allowed & paid out of 
the publick Treasury to the Petitioner for his Service the Year comming, 
To be paid Quarterly as it becomes due. \^Passed November 22. 



CHAPTER 85 



Legislative 
Records of the 
Council, xi.,66. 

House Jour- 
nal, pp. 38, 39. 



RESOLVE ALLOWING £8. 0. 9 TO MARY FOWLE. 

A Petition of Mary Fowle of Woburn Widow, Shewing that by 
Order of Coll. Jonathan Tyng, She dieted & lodged P^ifteen Soldiers 
(Impress'd in his Majesty's Service in the P^astern Parts of the Prov- 
ince) from March 17. 1718 to the 31 of said Month, being fourteen days. 
For which She humbly conceives. She ought to be allowed the sum of 
Ten pounds, ten shillings, being at the Rate of One shilling p' I\Ian ^ 
day, Which will fully appear by Coll. Tyngs Certificate & the Petitioners 
Accompt herewith P^xhibited, And for as much as, she has not as yet, 
had any thing, in Satisfaction for the same, Humbly Praying that She 
may be paid out of the publick Treasury, the abovesaid Sum of Ten 
pounds & ten shillings. 

Read «& 

Resolved that the Sum of Piight pounds nine pence be allowed, & paid 
out of the publick Treasury to M" Mary P'owle the Petitioner in full of 
her Demand in the Petition. \_Passed November 24. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1720-21. 41 



CHAPTER SQ. 

RESOLVE ALLOWING £7. 10 TO JONATHAN MAYNARD AND 10/ 9 TO MR. 
ROBINSON OF CAMBRIDGE. 

A Petition of Coll. Joseph Buckminster, Shewing, That pursuant to Legislative 
his Excellency's Order herewith exhibited, he Impress'd Hfteeu Men coum-'ii', xi.lel 
for his Majesty's Service out of the Regiment of Militia under his Com- House Jour, 
mand. Which Men the Petitioner billeted out to Jonathan Manard, Inn nai.p. 39. 
holder in the Town of Framingham, Who subsisted them fifteen days. 
And then they were conducted to M' Robinson of Cambridge, by whom 
they were entertained one night, & had two meals apiece at his house 
That he expected that he or the Persons that Subsisted them, should 
be paid the subsistence Money out of the publick Treasury, But he is 
informed by the Treasurer that by Order of the Govei'nour & Coun- 
cil, he has paid Subsistence Money to themselves. And humbly Praying 
that the said Manard & Robinson, may be satisfyed for their Charge 
& Trouble in the said Subsistence. 

[Read and] 

Resolved that the Sum of Eight Pounds & nine pence, be allowed & 
paid out of the publick Treasury in full of the Demand mentioned in 
the said Petition, That is to say. The Sum of Seven pounds & ten shil- 
lings to M'' Jonathan Maiuard, & the Sum of Ten shillings & nine pence 
to M'' Robinson. \_Passed November 24. 



CHAPTER 87. 

ORDER ON TH08 FAYERWETHER'S PETITION, GRANTING LANDS TO THE 
HEIRS AND REPRESENTATIVES OF HIS GRANDFATHER, JOHN PAYNE. 

A Petition of Thomas Fayeweather for himself & others Grand Chil- p^^^^lf*'^* .u 
dren of John Payne late of Boston dec''. Shewing that the Petitioners council, xi., 67. 
said Grand Father in or about the year of our Lord 1673, by the direc- House Jour- 
tion of the General Assembly of the late Colony of the Massachusetts ^^^' p- ^^• 
Bay, did run the Southern Line of said Colony home to Hudson's River, 
And did in the said Service, not only undergoe great Hardships &, Fa- 
tigues, & considerable Hazzards, but was at the whole Expense of the 
said Business himself. That in consideration of the said Service & Charge, 
the said General Court at their Session May 12. 1675, Granted unto the 
s** John Payne, Eighteen hundred Acres of Land, & Four thousand Acres 
to be laid out in two different Places, with Provision only. That he should 
make Oath to his Return, & Procure Testimonies of those, that accom- 
panied & Assisted him in the s*^ Service, As by the Coppys herewith 
exhibited may appear, That the said John Payne died before that he 
could procure the said Testimonies, That the Petitioner being born many 
Years, since his Grand fathers Death, is but lately come to the Knowl- 
edge of the Premises, but is well assured that the said Grants were 
never laid out, & return'd. And therefore Humbly Praying, that such a 
Quantity of the ungranted Lands of the Province, may be laid out to 
the Heirs of the said John Payne, as in the Wisdom & Justice of this 
Honb' Court may be thought a meet & proper Gratification for the Ser- 
vice abovemention'd. 

In the House of Represent"*"' Read & 

Ordered that Five hundred Acres of Land be Granted to the Heirs 
«fe legal Representaf''' of the Petitioner's Grandfather John Payne late 



42 



Province Laws {Resolves, etc. ) . — 1720-21. [Chaps. 88-90.] 



of Boston Merch' dec'' in full of all Claims & Demands whatsoever on 
account of the Service mentioned in the Petition, To be laid out by a 
Surveyour & Chain Men under Oath in proper Form, & a Piatt thereof 
to be returned to this Court for Confirmation within the Space of a year. 
In Council, Read & Concur'd, Provided the Grants set foith in the 
Petition have not already been taken up.^ \_Passed November 24. 



CHAPTEE 88. 



RESOLVE ALLOWING £20 TO DANi- TUCKER. 



Legislative 
Records of tlie 
Council, xi.,69. 

Executive 
Records of the 
Council, vii., 
169, 202. 
House Jour- 
nal, p. 46. 



A Petition of Daniel Tucker, Praying an Allowance towai'ds his 
Support, he being disabled by Wounds he receiv'd in the Trunk of 
his Body, in the Service ag' the Indian Enemy from doing any thing 
for his Livelihood. 

Resolved that the Sum of Twenty Pounds be allowed & paid out 
of the Publick Treasury to Serg' Daniel Tucker the Petitioner for his 
present Relief. \_Passed Novemher 26. 



CHAPTEE 89. 



Legislative 
Records of the 
Council, xi.,70. 

House Jour- 
nal, pp. 24, 28, 
45. 



RESOLVE ALLOWING £l\. 8 TO CPT. JOHN GARDNER. 

An Accompt presented by Capt. John Gardner of his own &. several 
other Persons Charge in Going to Nutfeild, by Order of the House of 
Representat"''' this Session, Amounting to the Sum of Eleven pounds 
& eight Shillings. 

Resolved that the sura of Eleven pounds & Eight shillings be Allowed 
& paid out of the publick Treasury to Cpt. John Gardner to discharge 
the said Accompt. \_Passed November 26. 



CHAPTEE 90. 



VOTE RESPECT" THE BORROWERS OF THE £100,000 LOAN. 



Legislative 
Records of the 



nal, p. 4' 
Province 
Laws, ii., 61, 
chap. 18. 



Whereas divers Persons that have Mortgaged their Estates, & Taken 
Council, xi., 71. up Province Bills of the Commissioners in y*" several Counties for the 
House Jour- £100,000 Loan have Neglected to pay in the Annual Interest & snffer'd 
their Mortgages to be sued out, And some it is said have offer'd to re- 
sign their Title, to such Land, W^'' it is not probable, they would have 
done. If the Lands Mortgaged, had been of double Value of the Bills 
lent, as the Law directs ; 

Resolved that the Commissioners for the s'' Loan in the several 
Counties be & hereby are directed «fe required to Accept no Appiizem' 
of Lands in Order to Let out the said Bills thereon. Unless they are 
duly Certified & well Assured, That such such' Select Men made such 
Apprizement under Oath as heretofore directed by this Court, And 
the Commissioners strictly Enquire into the Title of all Mortgages to 
the Lands upon which they let out the said Bills, That no Loss accrue 
to the Province thro insufficient Security. \_Passed November 29. 

' Probably agreed to by the House of Representatives, but the records arc silent on the 
point. 
1 Sic. 



£2d Sess.] Pkovince Laws {Resolves^ etc.) . — 1720-21. 43 

CHAPTER 91. 

ORDER FOR RUNNING THE LINE BETWEEN ¥"= TWO PARTS OF NORTON. 

A Petition of Georo;e Hall & suudry others Inhabitants of the East ^«g''''^t*^f .. 
_,-„-._ ,,, P ,_-, ,-^, -^ . .. , ,, T 1 • .1 Records of the 

Ji,na of Norton, Shewing, Ihat, Whereas the (jreneral Court did in the Council, xi., 72. 

3'ear 1710, Appoint a Committee to run the Divisional Line, by which Legislative 

they were to be sett of from the other part of Norton, And the said Jou^^lf f**^^ 

Committee did run the said Divisional Line accordingly, & gave in the loo; x., 2.38.' 

Report thereof to the General Court in May 1718, The Petitioners were """p^ 52!'^'^' 

Negligent in the Affair, in that they did not request a Confirmation of I'lovince 

the Line, according to the s** Report. But since they cannot proceed to ciiap.u'o.' ' 

Settle a Gospel-Ministry amongst them, before the said Line is setled, 

Therefore Praying that the said Report may be brought for Acceptance, 

■&, they may be made a seperate & distinct Precinct, 

In Council, Whereas the Report of the Committee, referr'd to in this 
Petition is not Accepted, 

Ordered that Jacob Thomson Esq'' with such Persons as the Honb^ 
House of Representaf''' shall appoint, be a Committee to run the Di- 
visional Line between the Easterly End of Groton ^ & the other part 
thereof, Conformable to Orders of the General Court, Pass'd March 
17. 1710, And make Report to the General Court at their Session in 
May next. 

In the House of Representat^^^ Read & Concur'd, And the Honb' 
Samuel Thaxter Esq'' & M' Benjamin Crane are joined in the Affair. 
[_Passed November 30. 



CHAPTER 92. 

VOTE FOR A STANDARD FOR HEMP. 



A Petition of James Ivers & sundry others. Rope Makers in the Legislative 
Town of Boston, Shewing that whereas the Governm' have given a couuclf, xl! 74. 
very generous Bounty to encourage the Raising of Hemp, w^ithin this Legislative 
Province, The Hemp, is notwithstanding the said Rewards, much worse Records of the 
than formerly, And the Labourer has receiv'd his Premium for his 402""Hoiis'e 
Hemp, & then caried it out of Town & brought again & so receiv'd Journal, p. 51. 
a double Premium for the same Hemp, And therefore Praying that Laws, ii., 102, 
the Persons that receive a Bounty for Hemp, may be obliged to repair chap. 5; 125. 
to a certain Standard, when the Hemp shall be proved. 

[Read and] 

Voted that the Head of Hemp herewith sent up be a Standard by 
w^hich the Surveyours of Hemp, regulate themselves. So as not to Cer- 
tif}^ aiw Hemp for the Premium of the Law, that is not so well cleansed 
& Manufactur'd. \_Passed November 30. 



CHAPTER 93. 

VOTE FOR ADJOURNING THE SUPERIOUR COURT AT ESSEX. 

Whereas the Superiour Court of Judicature, Court of Assize & p^^'^'f^^^ft, 

General Goal Delivery for the County of Essex, stands adjourn'd to Council, xi., 

Wednesday the seventh of December next ; "^' ~^- 



' Sic for Norton. 



44 



Province Laws {Resolves, etc.). — 1720-21 . [Chaps. 94, 05.] 



House Jour- 
nal, p. 53. 



Ordered that the Justices of the said Superiour Court be directed to 
Adjourn the said Court to some further Time, That so the Business 
of the General Assembly be better attended. [^Passed December 1. 



CHAPTER 94 



Legislative 
Records of the 
Council, xi., 
73, 75. 

Maps and 
Plans, Ix., 10. 
Legislative 
Records of the 
Council, ix., 
280. House 
Journal, p. 54. 
Province 
Laws, ix., 287, 
chap. 8. 
Ante, p. 13, 
chap. '22. 



VOTE RESPECTING PEREGRINE WHITE'S FARM. 

A Hearing having been had the tenth Instant, as well upon the Peti- 
tion & Representation of Daniel Waldoe, Referring to two Hundred^ 
Acres of Land hired by him of the Town of Dorchester, & scituated 
between the Towns of Brantrey, Bridgwater & Dorchester, «& lyiug in 
the County of Plimouth, As upon a Report of Samuel Thaxter & Wil- 
liam Dudley Esq''^ a Committee appointed by the General Assembly 
at their Sessions in November last, To view the Bounds of a certain 
Farm, Granted by the late Colony of Plymouth to Lieut. Peregrine 
White of Marshfeild in the County of Plimouth Dec'^ Anno Doni' 1665. 
The Assignees or Purchasers of the said Peregrine White's Farm, being 
present & fully heard, as to their Claim or Challenge of Land, by Vertue 
of the said Grant, And the several Memorials of the Towns of Brantrey 
& Dorchester, having been since Read & Consider'd, And it appearing 
very plainly that the said Assignees or Purchasers, under a Pretence 
of the said Grant to Peregrine White, which was but for two hundred 
Acres, not only possess themselves of Six hundred & seventy three 
Acres, there happening to be that Quantity within the Bounds of the 
Original Grant, but have likwise unjustly P^ncroached & Intruded on 
Seven hundred &, fifty one Acres & a quarter more next adjoining 
therto, & lying between the ancient reputed Colony Line & the pres- 
ent or new Colony Line, As it was stated & contirm'd about seven 
years since. The Figure & Scituation of which two Tracts of Land is 
more particularly described in a certain Piatt thereof on File ; And it 
appearing that a considerable part of said Seven hundred & fifty one 
Acres & a Quarter ; Viz' All that part thereof, lying Eastward from the 
Stake &, Heap of Stones in the old Colony Lino, hath been Granted 
& Disposed to the Towns of Boston & Dorchester by the General 
Court of the late Colony of the Massachusetts : 

Voted & Resolved that the Old Colony Line, (as described in the 
afore mentioned Plan) Viz' As far westward as the Stake & Heap of 
Stones, shall be, & is hereby Declared to be the ancient & true Boun- 
dary, betwixt the said Grant or Farm of the s*^ Peregrine White & the 
adjacent Proprieties of the Inhabitants of Brantrey & Dorchester, And 
that the said Grant & Adjacent Lands be so far setled, bounded, & 
establish'd accordingly ; And that the Residue of the Lands to the 
Westward of the said Stake & Heap of Stones be to the Use of the 
Province. \_Passed December 1 . 



CHAPTER 95. 

RESOLVE ON A QUESTION AB^ POOR PRISONERS FOR DEBT. 

Rifords'of the QUESTION ; Whether by the Law of this Province for the Relief of poor 
Council, xi., 75. Prisoners for Debt, a Prisoner that hath receiv'd a AYarrant from the 

' This word, omitted in the Secretary's copy, is found in tiie State Library copy, Legis- 
lative Records of the Council, xi., 85. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1720-21. 45 

Court of General Sessions for his Relief, may be continued in Prison House .lour- 
•for any other Debt contracted before the Time of Taking the Oath I'^y^fin'^" 
appointed, by the said Law, before a Justice of the Peace, The Poor Laws, i., 330, 
Prisoner for Debt, giving in to the General Sessions of the Peace a iJivvsof'Mass., 
List of his Debts, in which the Name of sucli Creditor is express'd? tlouoiTTUand 

Resolved that such Prisoner for Debt, ought not to be Continued iu supplements. 
Prison, & that the Law ought so to be understood. [^Passed Decem- 
ber 2. 



CHAPTER 96. 

RESOLVE ON A QUESTION AB^ FREE-HOLDERS. 

A Question being moved upon the Paragraph, which relates to the Legislative 
Qualifications of Voters in Town Meetings in the Act for Regulating councu, xi-Jre. 
of Townships & the Choice of Town Officers, made & Pass'd in the House Jour- 
fourth Year of the Reign of King William the third ; Viz, Whether the nai, p. 56. 
Words [Rateable at twenty pounds Estate to one single Rate besides Law8,T.?64, 
the Poll] are to be understood as the Qualifications of Free-holders, ^^■''p- ^f\|^^'-, 
as well as other Inhabitants of Towns &c? i(!'92-i726, e'di- ' 

Resolved in the Affirmative, And that the Law ought so to be under- supjfieme^ntsy"^ 
stood. \_Passed December 2. 



CHAPTER 97. 

ORDER ON JOHN COBBET'S PETITION, FOR THE RENEWAL OF BOUNDS 
OF LANDS GRANTED TO HIM. 

A Petition of John Cobbet for himself & in behalf of the Rest of J^egisiative 
the Heirs of M'' Tho' Cobbet of Ipswich dec*^ Shewing that the General council, xi., 77. 
Court of the late Colony of the Massachusetts Bay in the year 1662, House Jour- 
were pleased to Grant to the said M*^ Thomas Cobbet Five hundred ^^^> p- ^^• 
Acres of Land, That in the year 1663, a Return was made & allowed 
by the Court, That, in the year 1664, an additional Grant was made 
to the said Cobbet of Twenty Aci'es of Meadow, near adjoining to 
the first Grant, And in as much as the Petitioners have been at great 
Charge & Cost in making Discovery of the Bounds of the said Grants, 
& can find onl}' a part thereof. The Rest being by length of Time & 
the Indian War worn out & lost. Therefore Praying that this Honb^ 
Court would order the Renewal of the Bounds of the said Grants, And 
that the same may be set forth accordingly 

Read & 

Ordered that the Prayer of this Petition be Granted, And that Cpt. 
John Gardner be appointed at the Charge of the Petitioners to renew 
the Bounds of the said Land, & Make Report to this Court. \_Passed 
December 2. 



CHAPTER 98. 



RESOLVE RESPECT" LANCASTER BOUNDS. 



Whereas the Town of Lancaster by their Petition to the General Legislative 



Records of the 



Court Anno 1702, Requested a certain Tract of Land, Westward of council, xi.. 77 



46 



Legislative 
Records of the 
Council, vii., 
333. House 
Journal, p. 53. 
Province 
Laws, vii., 353, 
chap. 47. 
Ante, p. 24, 
chap. 47. 



Legislative 
Records of the 
Council, xi., 78. 

House .Jour- 
nal, p. 57. 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 99, 100.] 

their Town of near four or five Miles wide at the North End thereof, 
& so running to Nashaway River, & the River to be the Bounds &c. 
And whereas the Agents for said Lancaster by their Petition Anno 
1710, Desired of the General Court, that a Committee might be ap- 
pointed to view the said Land, then & in the aforesaid year 1702 peti- 
tioned for, & Make Report, There being a Committee appointed who 
have made their Report, But it being entirely Grounded on the Infor- 
mation given by Lancaster People, Who did not truly & fairly represent 
their Bounds, As appears by the Alfadavits of two of that Committee, 
& the Information of other Persons disinterested: 

Resolved that the North Bound of Lancaster, be extended westvs^ard 
on the same Point, as the old Line of said Town runs Four Miles & an 
Half West (This being the Intent & real Design of the Committee for 
View), And that at the End of the said Four Miles & an half, there be 
a Corner erected, & a right Augle made, & Running South until the same 
Line meets the River of Nashoway, And then the River to be the Bounds 
of this Tract of Land given & granted to the said Town of Lancaster, 
This being conformable to their Petition & Purchase for said Lands, 
And that any other Bounds on Marks pretended unto, be Declared null 
& void, & not according to Order & Direction of this Court. [Passed 
December 2. 



CHAPTER 99. 

RESOLVE ALLOWING £6 TO JOHN PRENTICE. 

A Petition of John Prentice of Newton, Shewing that many years 
since he was impress'd into the publick Service under Cpt. Willis & 
receiv'd several Wounds in his Thigh, & in both his Arms, Whereby 
he is render'd unable to follow his Husbandry Work, & so brought 
into indigent & necessitous Circumstances, And therefore Praying the 
Compasionate Consideration of this Court, & such Allowance out of 
the publick Treasury as to the Wisdom & Goodness of this Court shall 
seem necessary for his Relief. 

Read & in Answer to this Petition, 

Resolved that the sum of Six Pounds be allowed & paid out of 
the Publick Treasury to John Prentice the Petitioner for his Relief. 
[^Passed December 3. 



CHAPTER 100. 



nal, p. 57 



RESOLVE ALLOWING £60 TO NICH" WOODBURY. 

Recordso^fthe ^ PETITION of Nicholas Woodbury of Ipswich, Shewing that in the 
Council, xi., 79. Month of November 1711, he was Impress'd into the Service, & pro- 
House Jour, ceeded Eastward against the Indians under Command of Cpt. Herman, 
& was continued in Service till April foUow^ing, when he Avas taken Cap- 
tive by the Indians at Wells & Carried to Cananda, where he cut his Leg 
& remains yet very lame, & a few Days since after Nine Years Cap- 
tivity leturn'd Home, During which time he endured many Hardships, 
& at last was obliged to pay Thirty two pounds for his Ransom. Besides 
the Charge his Father was at to Hire two Persons to go to Canada to 
treat about his Freedom, Which amounted to about Fifty pounds more, 
And therefore Praying that he may be allowed AVages from the Time 
of his Impressment to his Return Home, or have such other Considera- 
tion made him as to the Goodness of the Court shall seem fit. 



[2d Sess.] Province Laws (liesolves^ etc.). — 1720-21. 47 

Read & 

Resolved that the sum of Sixty pounds be allowed & paid out of the 
publick Treasury to Nicholas Woodbury the Petitioner, In Considera- 
tion of the great Damage, Being in the Service, when he was taken, 
And that he be recommended to be improv'd as an Interpreter of the 
Indian Language, as there ma}' be Occasion. [_Passed December 3.. 



CHAPTEK 101. 

RESOLVE ALLOWING £8. 18 TO CAPT. PETER RICE FOR CAPT. WILLIAM 

WARD. 

An Accompt presented by William Ward of the Charge of the Com- Legislative 
mittee & Surveyours sent by Order of the Court at their Session begun CQyQg*?f °* *go 
& held July 13. 1720, To run & mark the Lines of the late Grant of ^lows, j — '' 
Land made to Lancaster, Amounting to the Sum of £8. 18. nai, p. eo. 

[Read and] ^^'.^'tIIu... 

Resolved that the Sum of Eight Pounds, eighteen Shillings, be paid chap. 98. 
by the Town of Lancaster to Cpt. Peter Rice, to discharge the said 
Accompt. \_Passed December 6. 



CHAPTEE 102. 

RESOLVE ALLOWING £4. 2. 3 TO JOHN MARION. 

An Accojipt presented by John Marion, of Provisions sent to the Legislative 
Province Hospital the last Mouth by Order of this Court, Amounting Records of the 

, ,, /j?A n o Council, XI., 8L 

to the sum of x4. 2. 6. 

r-r, 1 m House .Tour- 

[Read and] nai, p. ei. 

Resolved that the Sum of Four Pounds two shillings & three pence, ^i^'ap'es^^' 
be allowed & paid out of the publick Treasury to M'' John Marion to 
discharge the s'^ Accompt. \^Passed December 6. 



CHAPTEE 103. 

ORDER GRANTING THE PETITION OF THE COMM^'^ FOR NORTHFIELD 
FOR REVIVING AN ORDER OF THE COURT AS TO TAXES. 

A Petition of Samuel Partridge Esq"" &c a Committee appointed to Legislative 
Manage the Affairs of Northfield, for & in behalf of the Inhabitants ooimcif k* * si 

of said Place, Shewing that the General Court did at the Sessions held — r-— ^ — • 

at Boston May 25. 1715, Order that all Town Taxes in Northfield for nai, p. so. 
the Space of five Years then next comming, should be i-aised on Polls as £a*^s"[x 397 
the Law directs, & on the Lands, that then were or should be allotted chap.'sL ' 
out or Divided &c. As by the said Order will more fully appear. Which 
Order has proved of great Service to the said Place, And in as much as 
those Difficulties, which were the Occasion of said Order do still remain. 
Therefore Praying that the same may be revived & continued in full 
Force for the Space of two Years next Coming. 

Read & 

Ordered that the Prayer of this Petition be Granted. [^Passed Decem- 
ber 6. 



48 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 104-106.] 



CHAPTER 104. 

RESOLVE ALLOWING £12 TO SAM}- THAXTER. 

BecordB^of the ^N AccoMPT of Samuel Thaxter, John Chandler & Jonathan Reming- 
CouDcii,xi.,8i. ton Esq" for Service, as a Committee appointed by this Court to run 
House Jour. the Liues of Whitehall Farm & Shrewsbury, W'^'' Service they perform'd 
In July 1717, Amounting to £12. 
[Read and] 

Resolved [that the Sum] ^ of Twelve Pounds, be allowed & paid to 
the Honb' Samuel Thaxter to discharge the said Accorapt, That is to 
say, Five pounds ten shillings out of the Province Treasury their Charge 
of Running the Lines of Shrewsbury, & Six pounds ten shillings to be 
paid Ijy Joseph Buckminster P^sq"^ for their Service in Running the Lines 
of Whitehall Farm, Which the s"^ Buckminster Agreed to pay. [^Passed 
December 6. 



nal, p. 61 
Province 
Laws, ix, 
«hap. 123. 



CHAPTER 105. 



Legislative 
Kerords of the 
Council, xi., 82. 

Executive 
Records ol' the 
Council, vii., 
34. House 
Journal, p. 63. 



RESOLVE ALLOWING £22. 3. 1 TO SAM^ JORDAN. 

An Accompt presented by Samuel Jordan of his Charge in Attend- 
ing the Service, he was lately sent on by the Government, Relating to 
the Indians, Amounting to the Sum of £22. 3. 1. 

[Read and] 

Resolved that the sum of Twent}' two pounds three shillings & one 
peny, be allowed & paid out of the publick Treasury to M'' Samuel 
Jordan to discharge the said Accompt. \_Passed December 7. 



CHAPTER 106. 



Legislative 
Records of the 
Council, xi., 83. 

Legislative 
Records of the 
Council, xi.,62. 
House .Jour- 
nal, p. 63. 



ORDER ON THE REPORT AB"^ A DIVISIONAL LINE BETWEEN WATER- 
TOWN EAST & WEST PRECINCTS. 

Whereas the Great & General Court in their present Sessions, by 
their Order of the 19"' of November, Directed a Committee to go to 
Watertown Viz' Isaac Winslow, John Cushing, & Samuel Thaxter of 
the Council, And John Clark, William Dudley, John Chandler & Wil- 
liam Throop of the House of Representat""', And to Consider the most 
proper Bound Line, between the East & West Precincts in s'' Town, 
And whether it be fit & reasonable. That either or both the Meeting 
houses there should be removed, And to what Place in what time &c. 
We therefore the said Committee having view'd the several Parts of the 
said Town, the Scituation of the Lihabitants there. And having heard 
& consider'd the Pleas & Allegations of the said Inhabitants are hum- 
bly of Opinion, That the Divisional Line between the two Precincts of 
Watertown commence & take its Beginning at Charles River, And to 
be Extended North Eastward so as to run on the East Side of Joshua 
Childs House, & on the same Course (being a Right Line) to run on the 
West Side of Thomas Streights House, And to be continued a streight 
Line, through said Watertown, till it intersects their North Bounds, And 

1 The words in hrackets are not in the Secretary's copy, but are in the State Library 
copy, Legislative Records of the Council, xi., 94. 



[2d Sess.] Province Laws (JResolves, etc.). — 1720-21. 49 

that the uew or "West Meethigllouse, be removed some time within two 
years from the Date hereof, to a Peice of rising Ground within twenty 
Rods Westward of Nathanael Livimore's now Dwelling House, or a new 
one in that Place Erected within the said two years ; And that some 
time within the Space of ten years next after this Date, The Old or East 
Meeting House be removed upon, or a new Meeting House Erected on 
School House Hill so called in Watertown above said, within forty Rods 
of the Spot on which the former School House stood. 

Isaac Winslow, in the Name of the Committee. 

Accepted & 

Ordered that Samuel Thaxter Esq' be Desired to run the said Di- 
visional Line accordingto the Report, at the Charge of the Town of 
Watertown, And that the Western Precinct shall pay their Proportion 
of the same Sum to the Removing or Rebuilding the East Meeting 
House, when it is done, as shall be paid for the Removal or Rebuild- 
ing their Meeting House. [^Passed December 7. 



CHAPTER 107 



RESOLVE RESPECT"* BILLINGHAM TAX, 



Resolved that the Treasurer issue his Warrant to the Assessors or Legislative 
Select Men of the Town of Bellingham to Assess on the Persons & counS xl! 83. 
Estates in that Town the sum of Eight pounds, seventeen shillings & House Jour- 
eight pence in the like Proportion, & according to the Rules directed nai, p. 45. 
in the Law for this present year, And that the Town of Mendon be 
abated the sum of Four Pounds fifteen shillings & five pence, part of 
what the said Town of Billingham is to pay as above. And that there 
be abated the sum of Four pounds two shillings & five pence from the 
Town of Dedham, being the Remainder of what is above Ordered to 
be paid by Billingham And that the Treasurer proceed in all respects 
in Gathei'ing in & Receiving the same, as he doth from the other Towns 
iu this Province. [^Passed December 7. 



CHAPTER 108. 

ORDER ON COLL. EDMUND GOFFE PET"^ COMPLAINING OF A JUDGMENT. 

A Petition of Coll. Edmund Goffe, Shewing that at an Adjournm. Legislative 
of the Court of Common Pleas, for the County of Middlesex, held at SSnSxlI^l 
Charlestown the fourth day of January last. Judgment was enter'd up House Jour- 
against the Petitioner, as the Principal for One thousand Pounds, & nai, p. 65. 
his Sureties for Five hundred pounds each upon a Recognizance, which 
by its Teuour & according to Law is expired. Notwithstanding which 
he has accounted with & paid the Province Treasurer, And therefore 
Praying that the said Judgment may be vacated, both as to himself 
& his Sureties. 

Read & 

Ordered that the Prayer of the Petition be Granted, And that the 
Judgment on the Bond of the Petitioner and his Sureties be Enter'd 
as satisfyed, The Petitioner having accompted with the Treasurer. 
{^Passed December 8. 



50 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 109, 110.] 



Legislative 
Records of the 
Council, xi., 85. 

Legislative 
Records of tlie 
Council, xi.,48. 
House Jour- 
nal, pp. 62, 63. 
Ante, 1). 44, 
chap. 94. 



CHAPTER 109. 

RESOLVE RESPECT^ PROVINCE LANDS NEAR THE SOUTH LINE & PER. 

WHITE'S FARM. 

A Hearing being bad tbe tentb of November last, as well upon tbe 
Petition & Representation of Daniel Waldoe, referring to Two hun- 
dred Acres of Land hired by him of the Town of Dorchester & lying 
in the County of Plimouth, As upon the Report of Samuel Thaxter & 
William Dudley Esq''^ a Committee appointed b}' the General Assem- 
bly at their Session Nov. 171'J, to view the Bounds of a certain Farm, 
granted by the late Colony of New Plimouth to Lieutenant Peregrine 
White late of Marshfield in the County of Plimouth Gentleman Dec*^ 
Anno Dom' 1665, The Assignees & Purchasers of the said Peregrine 
White's Farm & Grant being present ; & fully heard as to their Claim 
or Challenge of Land, by Virtue of the said Grant, And the several 
Memorials of the Town of Dorchester, & divers Inhabitants of the 
Town of Brantrey (the assignees of the Town of Boston) having been 
since Read & Consider'd, And it appearing that the Court did in the 
year 1637 & 1638, bound the Town of Dorchester & the Grant made 
to the Town of Boston of Lands at Mount Wolleston on Plimouth 
Bounds, Which Bounds or Lines were ascertain'd in the year 1664, by 
Commissioners appointed by the Governments of the Massachusetts 
Bay &, New Plimouth, & by them run from the middle of Accord Pond 
to a Stake & Heap of Stones in the Path that leadeth from Brantrey 
to Bridgwater, Agreable thereto the Towns of Dorchester & Boston 
or their Assigns, did in or about the year 1684, purchase the Native 
Right full up to the Line run as aforesaid. Which Line hath been re- 
puted to be the Bounds of said Grant, for above Fifty six j'ears last 
past, AVherefore, 

Resolved that the said old Colony Line, be & hereby is Declared to 
be the Southerly Bounds of the Town of Dorchester, & of the Grant 
made to the Town of Boston ; And that the Lands lying between the old 
Colony Line Southwardly & the new Colony Line Northwardly, from 
the Dividing Line between the Boston Grant &. Weymouthe easterly 
& the Stake & Heap of Stones westwardly, be & hereby is confirm'd to 
the Town of Dorchester & the Assignees of the Town of Boston respec- 
tively, Provided it interfere not with any former Grant ; And that the 
Residue of the said Lands to the Westward of the said Stake & Heap 
of Stones be to the Use of the Province, 

And that the Honb' Samuel Thaxter, Robert Spur, & John Quincy 
Esq" be & hereby are appointed, & fully impower'd to make Sale of the 
said Lands at the best rate they can Return the Produce thereof into 
the Treasury, & make Report of their Doings to this Court. [Passed 
December 8. 



CHAPTER 110 



Legislative 
Records of the 
Council, xi., 86. 

House Jour- 
nal, p. 29 
(1717) ; p. 66. 
Province 
Laws, ix., 548, 
chap. 79. 



ORDER RESPECTING ^ PURCHASE MONEY FOR SHREWSBURY. 

Ordered that Samuel Thaxter, Francis Fulham & Jonathan Reming- 
ton Esq" (the Committee appointed by this Court Oct. 31 1717, To lay 
out & dispose of the Lands called Shrewsbury) be Directed to pay in 
the Money or Bills they have or shall receive for the same, to the Prov- 
ince Treasurer taking his Receipt. \_Passed December 8. 



\_2d Sess.] Province Laws (^Hesolves, etc.). — 1720-21. 51 



CHAPTER 111. 

ORDER ON THE COM^^^^ REPORT RESPECT" PROVINCE LANDS SOLD TO 
THE INHABITANTS OF WESTBORO. 

Marlboro January 20 1719 ^^f^^Xof the 

"We THE Subscribers, whose Names are uuderwritteu a Committee Council, xi., 86. 
appointed by the Great & General Court or Assembly of his Majesty's House Jour- 
Province of the Massachusetts Bay in New England, held in Boston pro^^Juce 
Oct 23. 1717, To Order how much the Inhabitants of Westboi'o' lately Laws, ix., 56i, 
made a Township shall pa}^ for the Use of the Province for the Tract '^*"'^^' 
of Land granted them by the Court, supposed to be about three thou- 
sand Acres. 

We having view'd the said Land, & according to the Direction of the 
s*^ Court reserved & laid out one Hundred Acres thereof ; for the first 
Settled Minister; And finding the Remainder of said Tract to contain 
(besides Farms) but Two thousand, two hundred & seven Acres, Do 
therefore Order that the Inhabitants of said Westboro', shall pay in for 
the said Lands to Jeremiah Allen Esq'' Treasurer of this Province, Or 
to his Successor in the said Office, for the Use of the Province, the full 
& just Sum of Eighty Pounds Currant Money or good Bills of Credit 
of said Province at four equal Payments, Twenty Pounds part thereof, 
at or before the first day of June in the year 1720, & so twenty Pounds 
yearly & every year, until the said Sum of Eighty pounds be full paid, 

Samuel Thaxter 
Jonathan Remington 
Francis Fulham 

Read, & 

Ordered that this Report be so far Accepted, That the Inhabitants 
of the Town of Westboro', pay into the Province Treasurer, for the 
Use of the Province the Sum of Eighty pounds in four equal Pay- 
ments ; Viz' Twenty pounds on or before the first day of January next. 
Twenty pounds on or before the first day of June next, Twenty pounds 
on or before the first day of June Anno Dom' 1722. And twent}" pounds 
on or before the first day of June Anno Dom' 1723. In Consideration 
of the Tract of Land mention'd in the Report. [Passed December 8. 



CHAPTER 112. 

RESOLVE ALLOWING £20 ON THE JUDGES MEM" RESPECT'- MATHIAS 

BANT. 

A Memorial of the Judges of Assize, Shewing that one Matthias LegisLative 
Bant being connnitted upon a Suspicion of Murther, Upon Examination councu xi.^8«. 
into the Fact they find it cannot be tried here, & therefore have Deter- 7z i — '' — 

T 1 • T-. 1 1 1 TT • House .Jour- 

mined to send him to Barbados, where the Pact was committed, And nai, p. vs. 
therefore Moving that some Provision may be made for the Support 
& Satisfaction of AVilliam Binfit & Richard Fortune the Kings Evi- 
dences ag'' the said Bant, AVho are to be sent to Barbados with him. 

Resolced that the sum of Twenty^ pounds be allowed & paid out of 
the publick Treasury to the HonV the Judges of his Majesty's Supe- 
riour Court of Judicature, to be employed as they shall think most 
proper, for the Support & Satisfaction of Binfit & Fortune, the two 
Witnesses mention'd in the Memorial. \_Passed December 9. 



m 



Province Ijaws, (^Resolves, etc.) . — 1720-21. [Chaps. 113-115.] 



CHAPTER 113. 

ORDER FOR ADJOURNING MIDDLESEX COURT. 

Kecords^ofthe Whereas the Time appointed by Law for the Sitting of the Conrt 
Council, xi.,8t). of General Sessions of the Peace, & Inferiour Court of Common Pleas 
House Jour- for the ^ County of Middlesex at Charlestown is Tuesday the thirteenth 
iiai,p.73. Instant, 

Ordered that the Justices of the said Court of General Sessions of 
the Peace & Inferiour Court of Common Pleas be Directed to Adjourn 
the said Courts to some further Time, that so the Members of the Gen- 
eral Assembly concern'd in said Courts may attend the publick Business 
in this Session. \_Passed December 10. 



Legislative 
Records of the 
Couucil, xi., 91. 

Maps and 
Plans, Ix., 10. 
Legislative 
Records of the 
Council, viii., 
326, 330; ix., 
280. House 
Journal, p. 75. 
Province 
Laws, viii., 243, 
chap. 48; 246, 
chap. 57. 



CHAPTER 114. 

ORDER RESPECT^ GRANTS TO M" JOHN COLLINS & M" JOHN COTTON. 

In the House of Representat^^'' This House being fully informed that 
Two Tracts of Land formerly Granted by this Government, One to the 
Rev'' M"" John Collins, & the other to the Rev'' M' John Cotton, both 
laid out many years since, near the South Line of this Province, & were 
Confirm'd to the said Grantees, their Heirs & Assigns respectively, 
being then within the Province old Line, But upon the new Fixing the 
Partition Line with Connecticut Anno 1713, Express Provision was 
made by the Commissioners of both Governm'^ fidly Impower'd, that 
the Property of the said Grants, should remain to the said Grantees 
&c, Altho' the said Grants should fall within the Colony of Connecti- 
cut, & an Equivalent should be given to said Government for the same. 
And it appearing that upon running the said Line, that said Grants fell 
within the Colony of Connecticut, This Governm' according to the solemn 
Stipulation, gave & Connecticut actually receiv'd an Equivalent for said 
Grants, Since which J\P Collins's Grant has been made good to him in 
another place within this Province, And the former Plve hundred Acres 
is become the proper Estate of this Government, Notwithstanding which 
both said Grants are possess'd & Improv'd by Persons, who have no Pre- 
tension of a Grant from either Government, And although JM"^ Cotton 
brought forward an Action through the Course of the Common Law, 
for recov'ring said Land within said Colony, He was finally Cast & he 
is without Remedy there. 

Resolved that the Government of Connecticut be AYritten to very 
pressingly by M"" Secretary Willard in the name of this Court, That 
Justice may be done to this Province in the Premises. 

In Council, Read & Concur'd. [Passed December 12. 



CHAPTER 115 



RESOLVE ON ELISHA COOK ESQ"" PETITION RESPECTING GRANTS OF 
LAND MADE TO M'' JOHN COTTON. 

Records'onhc -^ PETITION of Elislia Cook Esq"" Shewing that upon the Petition of 
Council, xi., ill. D"" Increase Mather, Josiah & Theophilus Cotton to the General Court 

1 MS. obscure. 



[2i) Sess.] Province Laws {Resolves, etc.). — 1720-21. 53 

in their Session in October 1710, That some suitable Persons may be Legislative 
appointed to Lay out one or two Tracts of Land (As they should chuse) councif, fi.,****^ 
in Fersuance of two Grants made to the Rev'^ M' John Cotton One in '^^- ^'o^s^ |^^ 
the year 1G41, of Six hundred, & another Grant to his Heirs of Two Province''' '"*' 
hundred Acres (In both which the Petitioners were interested) It was /.i;;ip^'9o^'' ^^'' 
Ordered that an able Surveyour should la}^ out the said Grants in any .Wm.chap. , 
Place in the Province, not Entrenching upon former Grants, Four hun- "■*" 
dred Acres thereof to M' Seaborn Cotton, Eldest Son of the Grantee, 
& the other Four hundred to the other two Children of the Grantee or 
their Heirs, Since which the Petitioner hath purchased of the Assigns 
of the said Seaborn Cotton, & of the Descendents &, Assigns of the 
other two Children the aforesaid Two Grants of Eight hundred Acres of 
Land, He therefore Prays, that the Laud, Survey'd, platted, described 
& dilineated in the Piatt herewith presented lying & being in the County 
of York, on the Head Line or Bounds of the Township of Berwick, con- 
taining Plight hundred Acres, as bounded & butted in the Aforesaid 
Survey may be confirm'd to fulfil the Grants of Eight hundred Acres 
of Land to the Rev'^ M"' John Cotton dec'^ The same being done by a 
Surveyour «fe Chain Men under Oath ; As by the Justices Certificate 
doth Appear. 

[Read and] 

Resolved that the Land delineated in this Piatt, be confirm'd to the 
Assignees of the Rev*^ M'' John Cotton late of Boston Dec"^ to fulfill & 
Satisfy the Grant made by this Court to him Anno 1641 of Six hun- 
dred Acres, & an other of Two hundred Acres more granted to his 
Heirs Anno 1670 Provided it entrench upon no former Grant, nor 
exceed the Quantity granted nor the Grants, or either of them, have 
been laid out before. \_Passed December 12. 



Inte, p. 50, 
109. 



CHAPTER 116. 

RESOLVE ON A PETITION RESPECT" A STRIP OF LAND BETWEEN THE 
OLD & NEW COLONY. 

A Petition of the Representat'"'' of the Towns of Hingham, Wey- Legislative 
mouth, Brantrey & Dorchester all in the County of Suffolk, Shewing ^'^f;?,^:?,^ ^( *^f 
that whereas there is a small Strip or Land lying between the old & r; 

1 louse 'JOllT- 

new Colony Line ; Viz, Beginning at Accord Pond & Terminating at the nai, pp. 75, 76 
Heap of Stones or Stake, Westerly in the Path going from Boston to ^iJifp 
Bridgwater, Which, has for near Sixty years lain within the County of 
Suffolk, And if not Continued in said County may cause manj' trouble- 
some Disputes & unhappy Differences in future Times, Particularly for 
that a great many People's Lots, which are already very small will be 
Divided, & l^-e partly in the County of Suffolk & partly in the County 
of Plimouth, whereby many Inconveniences will inivetably ensue to the 
Proprietors of the same or Setlers thereupon. And therefore Praying 
that the said Strip of Land for the Reasons aforesaid may be & Con- 
tinue within the Jurisdiction of the County of Suffolk. 

Resolved that the Prayer of this Petition be granted. Provided that 
no Man's Right or Property in the Lands adjacent, shall be hereby 
Infringed. [^Passed December IS. 



54 



Province Iuaws (Besolves,etc.). — 1720-21. [Chaps. 117-120.] 



CHAPTER 117. 



Legislative 
Records of the 
Council, xi., 

8-2, 93. 

House Jour- 
nal, p. 76. 



RESOLVE ALLOWING £24 TO JOHN BELL. 

A Petition of Samuel Partridge Esq"" in behalf of John Bell a Soldier 
under his Command at Northfield, Who dui'ing his being in the Service, 
fell down on the Ice with an Ax in his Hand, with which he grievously 
wounded his Knee, so that his Life was in Danger, The Docters Accompt 
of his Administration & Expences, Amounting to the sum of Forty three 
Pounds, For which he is now willing to take Twenty four Pounds, Pray- 
ing that in consideration of the Incapacity of the said Bell to discharge 
the said Accompt. It may be paid out of the publick Treasury. 

[Read and] 

Resolved that the sum of Twenty four pounds be allowed & paid 
out of the publick Treasury to Samuel Partridge Esq"" to discharge 
the Accompt mentioned in the Petition. \_Passed December 13. 



Legislative 
Records of the 
Council, xi.,94. 

House Jour- 
nal, p. 76. 



CHAPTER 118. 



VOTE RESPECT« NORTHFIELD GARRISON. 

Voted that ten Soldiers be posted at the Town of Northfield in the 
publick Pay, & there Continued till the last day of November next, 
none of the Inhabitants of said Town to be of the Number. \_Passed 
December 13. 



CHAPTER 119. 



Legislative 
Records of the 
Council, xi.,94. 

House Jour- 
nal, p. 76. 



RESOLVE ALLOWING £4. 7. 6 TO JOS. MARION. 

An Accompt presented by Joseph Marion of Writing done by him 
for the General Assembly, Amounting to the sum of Four pounds, 
seven shillings & six pence, 

[Read and] 

Resolved that the sum of Four pounds seven shillings & six pence 
be Allowed & paid out of the publick Treasury to M' Joseph Marion 
to discharge the said Accompt. \_Passed December 13. 



CHAPTER 120. 



RESOLVE ALLOWING £6. 17 TO DISCHARGE TYLEY & ROLF'S ACCt. 

Records'of the ^^ AccOMPT of Samuel Tyley & Benjamin Rolfe of Writing by them 

Council, xi.,94. doue for the General Assembly, Amounting to the sum of £6. 17. 

House Jour- [Read and] 

nai, p.77. Resolved that the sum of Six pounds seventeen shillings be Allowed 

& paid out of the publick Treasury to M' Sam' Tyley & INP Benjamin 
Rolfe to discharge the said Accompt. \_Passed December 13. 



[2d Sess.] Province Laws {Resolves, etc.). — 1720-21. 55 



CHAPTER 121. 

RESOLVE ACCEPTING THE ACC^ OF THE COMMISSION'S FOR £100,000 
LOAN FOR SUFFOLK &c. 

In the House of Representar*^', Rlfofds^Jf^the 

Two AccoMPTS of the Commissioners for Letting out the Propor- coumii, xi.,94. 
tion of the Hundred thousand Pounds of Province Bills, belonging to House Jour- 
the Counties of Suffolk & Nantucket, Beaining with the Time of their 55'' p- ™- 
Entering upon that Trust, & Ending the thirteenth day of February Laws, n., 61, 
1718, 19, being laid before this House, By w^^'^ they had then receiv'd S; p*!'20, 
for Interest the sum of Two thousand, five hundred, fifty four pounds, <-ii!ip'. 37. 
fourteen shillings & seven pence, & had paid to the Treasurer the sum i-iii."*'^ 
of Two thousand, three hundred, thirty three pounds, one shilling & 
one pen}' thereof. The Remaining Two hundred, twenty one pounds, 
thirteen shillings & six pence being Accompted for as their Due by 
Law, & Expended in Books & Book-keeping, There being then the 
sum of One hundred twenty three Pounds two shillings & six pence, 
of the Principal in their Hands, not Let out, & the Sum of Seventy 
eight pounds & ten shillings of Interest outstanding & to be Accompted 
for ; 

Resolved that the said Accompts be Accepted, & Allowed, And that 
the said Commissioners be discharg'd accordingly. 

In Council, Read & Concur'd. \_PaHsed December 13. 



CHAPTER 122. 

RESOLVE ON THE COMMISS'^ FOR THE £100,000 LOAN FOR ESSEX, 

THEIR ACC'^ 

In the House of Representaf^' R^^^^d"Tti p 

Three Accompts of the Commissioners for Letting out the Propor- council, xi., 95. 
tion of the Hundred thousand Pounds of Province Bills belonging to House Jour- 
the County of Essex, Beginning with the Time of their Entring upon "i^i. i^p- vo,7i. 
that Trust, & Ending the thirteenth day of February 1719/20, being Laws, u., 61, 
laid before the House, by which they had then receiv'd for Interest ^supra%\\iiv- 
the Sum of One thousand five hundred, twenty two pounds, twelve 121. iiyra, 
shillings & five pence, & had paid into the Treasury the Sum of One ^ ^'^' ^^ ' 
Thousand two hundred, twenty one Pounds seventeen shillings & five 
pence thereof. And accompt for the remaining Three hundred Pounds, 
fifteen Shillings as follows. One Hundred sixty five pounds, thirteen 
shillings & efeven pence their Due by Law, Forty Pounds ten shillings 
&, six pence paid Charges of Law Suits, Thirty two Pounds, Books & 
Book Keeping, Forty one Pounds, fifteen Shillings & seven pence Tav- 
ern Expences, & Twenty Pounds fifteen Shillings Charge of Journeying 
& long Detainment in Fetching the Bills from Boston, There being the 
Sum of Eight hundred & thirteen Pounds four Shillings & three pence 
of the Principal in their Hands not let out, And the Sum of Six hun- 
dred twenty Pounds ten shillings, & eleven pence Interest due, out- 
standing to be accompted for. 

Resolved [that] ^ the said two Articles of Expence, Viz' Forty one 
Pounds fifteen Shillings & seven pence, & Twenty Pounds fifteen shil- 
lings be not allowed, But that the Commissioners forthwith Pay the 
«ame, being the sum of Sixty two Pounds ten shillings & seven pence 

' State Library copy. Legislative Records of the Council, xi., 112. 



56 



FROvmc^ IJA^ys (Besolves, etc.). — 1720-21. [Chaps. 123,124.] 



into the Treasurer, And that thereupon their Aceompt be Accepted & 
Allowed, & they discharg'd accordingly. 

In Council, Read & Concur'd. [Passed December 13. 



CHAPTEK 123. 

RESOLVE ON ACC^^ OF THE COMMISSIONS^ FOR THE £100,000 LOAN, FOR 

MIDDELSEX. 



Legislative 
Records of tlie 
Council, xi.,95. 

House Jour- 
nal, p. 71. 
Province 
Laws, ii., 61, 
chap. 18. 
Supra, chap. 
12-2. Infra, 
chap. 124. 



In the House of Representat"""' 

Three Accompts of the Commissioners for Letting out the Propor- 
tion of the Hundred thousand Pounds of Province Bills belonging to 
the County of Middlesex Beginning from the Time of their Entering 
upon that Trust, & Ending the thirteenth Day of February 1719/20, 
being laid before this House, By which they had then receiv'd for In- 
terest the Sum of Sixteen hundred, eighty eight pounds, nineteen Shil- 
lings & eleven pence, And had paid into the Treasurer, The Sum of One 
thousand, five hundred Pounds, twelve vShilliugs & nine Pence thereof, 
And Aceompt for the Remaining One hundred & eight}^ eight Pounds, 
seven shillings & two pence Viz' One hundred, forty five Pounds, seven 
shillings & two pence their Due by Law, Twenty three Pounds for Books 
& Book Keei)ing. & Twenty Pounds Tavern Expences, There being in 
their Hands the Sum of Seven Pounds of the Principal not let out, & 
Five hundred seventy five Pounds, seventeen shillings & eight Pence 
Interest then Outstanding to be Accompted for. 

Resolved that the said Article of Twenty Pounds Expence be not 
Allowed, but that the said Commissioners, forthwith Pay the same 
into the Treasurer, And that thereupon their said Accompts be Ac- 
cepted & Allowed. & they Discharg'd accordingly. 

In Council, Read «fe Concur'd. \_Passed December 13. 



CHAPTER 124. 

RESOLVE ON ACC^" OF THE C0MMISS«8 FOR Y" £100,000 LOAN FOR 

HAMPSHIRE. 



Legislative 
Records of the 
Council, xi.,95. 

House .Jour- 
nal, p. 72. 
Province 
I>aw8, ii., 61, 
chap. 18. 
Supra, chap. 
123. Jiifra, 
chap. 125. 



In the House of Representat™' 

Two Accompts of the Commissioners for Letting out the Propor- 
tion of the Hundred Thousand Pounds, Bills of Credit, belonging to 
the County of Hampshire, Beginning from the Time of their Entering 
upon that Trust, & Ending the thirteenth Day of February 1718, 19, 
being laid before this House, by which they had then receiv'd for In- 
terest the Sum of Four hundred, & fifteen Pounds, one Shilling & one 
Penny, & had paid in to the Treasurer the Sum of Three hundred fifty 
seven Pounds nineteen Shillings & ten Pence thereof. And Aceompt 
for the remaining Fifty seven Pounds one Shilling & three Pence as 
follows. Viz' Thirty three Pounds, one Shilling & three Pence their 
Due by Law, Nine Pounds Charge of Books & Book Keej)ing, & Fif- 
teen Pounds the Charge of Fetching the Bills from Boston, There being 
no part of the Principal in their Hands nor Interest Outstanding. 

Resolved that the Article of Fifteen Pounds for Fetching the Bills be 
not Allowed, but that the said Commissioners forthwith Pa}'^ the same 
to the Treasurer, And that thereupon the said Accompts be Accepted 
& Allowed, & they discharg'd accordingly. In Council, Read & 

Concur'd. [Passed December 13. 



[2d Sess.] Province Laws {Resolves, etc.). — 1720-21. 57 



CHAPTEE 125. 

RESOLVE ON ACC^^ OF THE COMMISSION'S FOR THE £100,000 LOAN FOR 

PLIMOUTH. 

In the House of Representat''"' Legislative 

Three Accompts of the Commissioner for Letting out the Propor- coun'cii* xi.^96. 
tion of the Hundred thousand Pounds of Province Bills belonging to House Jour- 
the County of Plimouth, Beginning from the Time of their P^ntering "*•. p- ''i- 
upon the said Trust, & Ending the thirteenth Day of February 1719, Laws,"iL, ei, 
20, being laid before the House, By which they had then receiv'd for ys^fj^v/'^ilha j 
Interest the Sum of Eight hundred, & eleven Pounds, & four pence 124. infra, ' 
& had paid in to the Treasurer, the Sum of Seven Hundred, thirteen ^^'^^- ^'^^' 
Pounds, eight Shillings thereof. And Accompt for the remaining Ninety 
seven Pounds, twelve shillings & four pence as follows, viz' Fifty two 
Pounds, five shillings, & one penny their Due by Law, Twenty six 
Pounds eight Shillings & nine Pence, Charges on Law Suits, & Eigh- 
teen Pounds, eighteen Shillings & six pence for Books & Book Keep- 
ing, The Sum of One hundred & seven Pounds eleven shillings & four 
pence Interest Money then outstanding to be Accompted for. All the 
Principal being Let out. 

Eesolued that the said Accompts be Allowed & Accepted, And that 
the said Commissioners be discharged accordingly. 
In Council, Read & Concur'd. [Passed December 13. 



CHAPTEE 126. 

RESOLVE ON ACCt OF THE COMMISSION^ FOR THE £100,000 LOAN FOR 

BRISTOL. 



In the House of Representat^'^' Legislative 

Three ArcoMPTS of the Commissioners for Letting out the Propor- couuc'li^, xi^ge. 
tion of the Hundred Thousand Pound Bills of Credit, Belonging to the House -Tour' " 
County of Bristol, Beginning from the Time of their Entering upon that i^ai, p. 71. 
Trust, & Ending the thirteenth Day of February 1719, 20, being laid Laws^n*:, 6i, 
before this House, By which they had then receiv'd for Interest, the '^sn^ra^ha. 
Sum of One Thousand, one hundred, & eighty Pounds sixteen Shillings, i25. infra, ' 
& had paid in to the Treasurer the Sum of One thousand & eighty four ^^^'^' ^^^' 
Pounds, seven shillings & eleven pence thereof, And Accompt for the 
Remaining Ninety seven Pounds, eight Shillings & one Penny as fol- 
lows, Viz' Sixty four Pounds & five Pence their Due by Law, Twenty 
one Pounds one Shilling & eight pence. Charge of Books & Book 
Keeping, & Thirteen Pounds six Shillings, Charge of Fetching the 
Bills from Boston &c. The Sum of Thirty Pounds of the Principal 
lying in their Hands not let out, to be accompted for And no Interest 
said to be Outstanding. 

Resolved that the said .\rticle of Thirteen Pounds six Shillings Charge 

of Fetching the Bills &c be not allowed, but that the Commissioners pay 

in y" same without Delay to the Treasurer, And that there upon their 

said Accompts be Accepted & Allowed & they discharg'd accordingly. 

In Council, Read & Concur'd. \_Passed December 13. 



58 



Province IjAVf^ {Resolves, etc.) . — 1720-21. [Chaps. 127, 128.] 



CHAPTEE 127. 



Legislative 
Kecords of the 
Council, xi., 96. 

House Jour- 
nal, p. 72. 
Province 
Laws, ii., 61, 
chap. 18. 
Supra, chap. 
126. Infra, 
chap. 128. 



RESOLVE ON ACC^ OF THE COMMISSION'S pQR THE £100,000 LOAN FOR 

YORK. 

In the House of Represent'''' 

Two AccoMPTS of the Commissioners for Letting out the Propor- 
tion of the Hundred Thousand Pounds, of Province Bills, belonging 
to the County of York, Beginning from the Time of their Bantering 
upon that Trust, & Ending the thirteenth day of February 1719, 20, 
being laid before this House, By which they had then receiv'd for In- 
terest the Sum of Ninety Pounds, seventeen shillings &, two pence, 
And had paid in to the Treasurer the Sum of Seventy four Pounds, 
fifteen Shillings & Accompt for the Remaining Sixteen Pounds, two 
Shillings & five pence as follows Viz' Six Pounds, twelve shillings & 
five pence their Due by Law, Forty Shillings Charge of Books & Book 
Keeping, & Seven Pounds ten shillings Charge of Fetching the Bills 
from Boston, The Sum of Eighty one pounds of the Principal being in 
their Hands, & Nin.e Pounds, nineteen shillings «fe two pence Interest 
outstanding to be Accompted for. 

Resolved that the said Article of Seven Pounds & ten Shillings, 
Charges of Fetching the Bills be not allowed, but that the said Com- 
missioners pay in the same without Delay to the Treasurer, And that 
thereupon their said Accompts be Accepted, & Allowed, & they Dis- 
charg'd accordingly. 

In Council, Read & Concur'd. \_Passed December 13. 



CHAPTER 128 



Legislative 
Records of the 
Council, xi.,97. 

House Jour- 
nal, pp. 71, 72. 
Province 
Laws, ii., 61, 
chap. 18. 
Supra, chap. 
127. Infra, 
chap. 129. 



RESOLVE ON ACC^s OF THE COMMISSION'S OF THE £100,000 LOAN FOR 
BARNSTABLE & DUKES COUNTY. 

In the House of Representat"''' 

Three Accompts of the Commissioners for Letting out the Propor- 
tion of the Hundred Thousand Pounds of Province Bills, belonging to 
the County of Barnstable & Dukes County, Beginning from the Time 
of their Entering upon that Trust, «fe Ending the thirteenth day of Feb- 
ruary 1719, 20, being laid before this House by which they had then 
receiv'd for Interest the Sum of Nine hundred, twenty one Pounds, 
fifteen Shillings & one penny, & had paid in to the Treasurer y" Sum 
of Eight hundred, twenty eight Pounds, & nine Pence thereof, And 
accompt for the remaining Ninety three Pounds, fourteen Shillings 
& four pence as follows Viz' Sixty two Pounds, eighteen Shillings & 
four pence their Due by Law, Twenty Pounds & one Shilling, Charges 
of Books & Book Keeping, And Ten Pounds, fifteen Shillings, Charge 
of Fetching the Bills from Boston &c. The Sum of Thirty two Pounds, 
eighteen shillings, & nine pence of the Principal in their Hands not let 
out, & Five Pounds Interest to be Accompted for 

Resolved that the said Article of Ten Pounds, fifteen Shillings the 
Charge of Fetching the Bills be not allowed, but that the Commis- 
sioners forthwith pay the same to the Treasurer, And that thereupon 
their said Accompts be Accepted & Allowed, & they discharged ac- 
cordingly. 

In Council, Read & Concur'd. \_Passed December 13. 



[2d Sess.] Province Laws (liesolves^ etc.). — «1720-21. 59 

CHAPTER 129. 

VOTE RESPECT" SWANZEY & SHEWAMET. 

A Petitiox of John Thomas, & Sixty three others, Inhabitants of R|ford"7th 
the Town of Swanzey, Setting forth, That the People of Shewamet, Council, xi., 

tho' not included in the Township of Swanzey, intrude themselves into '*'^'' 

their Meetings, & by Joining with an ill disposed Part}^ in said Town, |^.S"*f jy,""""" 
obstruct their publick Affairs both Civil and P^cclesiastical, And there- i>L';fisiatiVe 
fore Praying that this Court will please to declare, That such only have couucif xi.'si. 
a Right of Voting in all their Meetings that concern the Town & Church 
as are Inhabitants within the ancient fix'd Limits of the said Town, as 
were setled in the Year 1685, distinct from the Inhabitants of Shewamet 
Pui'chase so called, Or that the Petitioners may meet with such other 
Relief in order to promote the Religion, Peace & Unity of the said Town, 
as to the Goodness & Wisdom of this Honb' Court shall seem meet. 

A Hearing having been had on Tuesday last on this Petition, And 
it not appearing that the Tract of Laud called Shewamet was ever 
included in or Annex'd to the Town of Swanzy by any Act of the 
Governm' of the late Colony of New Plimouth or this Province, But 
on the contrar\', in a printed Act of the said late Colony, Constituting 
the Count}' of JBristol, Shewamet is enumerated distinct from Swanzey, 
And the said Town of Swanze}^ is said to be bounded on Shewamet 
in an Order of Court of said Colony 1685, 

Resolved that the Praj'er of this Petition be so far granted as that the 
Inhabitants of Shewamet be & hereby are Declared to have no Right 
to vote or intermeddle with the Affairs of the Town of Swanzey, And 
that all Acts & Transactions heretofore made or done by any Town or 
Proprietors Meeting in the Town of Swanzey, Including the Proprietors 
of Shewamet shall be good & effectual. And that Rates or Dues levied 
or to be levied this present Year by the present Town Officers, shall 
be accordingly levied, collected & paid in as Directed, And that no 
Disposal of Land or any Thing of that Nature be acted or done by 
a,ny Meeting of the Inhabitants or Proprietors ''of Swanzey with She- 
wamet before the General Town Meeting in March next, when the Vote 
above shall take place & not before. \_Passed December 13. 



CHAPTER 130. 

RESOLVE ON THE REP'^ RESPECT» THE DEFENCE OF THE EASTERN 

FRONTIERS. 

Coll. Tailer from the Committee of both Houses appointed to Con- Legislative 
sider what Number of Forces are necessary to be Continued in the Ser- 5^*"'^*''?,® °^ *^.^ 

• • 1 /< 11 • T-« -jT-- » council, XI., ys. 

Vice, gave m the following Report ; v iz' ^ 

The Committee are humbly of Opinion, That it is necessary for the Records of the 
Defence of the Eastern Frontiers, & for the Encouragement of the new 2^'' 99''^ 'ii^u'se 
Setlements in those Parts, That One hundred good effective Men with •To'urnai, p. 79. 
suitable Officers, be detached out of the Forces already raised, & that Laws.Tx., 395, 
they be well provided with Moggosons & Snow Shoes, in order to their *^hip. 25. 
Marching as occasion requires. And the Captain General is Desired to 
post them in the several places as follows ; Viz' On the Western Side 
■of the Mouth of Keunebeck River Forty Men ; At Casco Ba}', Thirty 
Men ; At Scarboro' Ten Men At Saco Falls ten Men At Cape Por- 
poise ten And that his Excellenc}' the Governour be desired to write 



60 



Province Laavs (Besolves, etc. ) . — 1720-21. [Chaps. 131-133.] 



to the Government of Piscatiqua to furnish their Quota to be added to 
them Per Order of the Comm'*^ 

William Tailer 

Read & Accepted & 

Resolved that the Towns or Setlements, where the Soldiers are to 
be posted, be setled in a compact, regular Manner, according to the 
several Orders of this Court relating to the 8etling of the Eastern 
Parts, As they expect the further Protection & Assistance of this 
Governm'. \_Passed December 14. 



CHAPTER 131. 



RESOLVE ALLOWING £4. 4 TO W*' PATTIN. 



Legislative 
Records ol the 



An Accompt of William Pattin of the Expences of several Com- 
Couucii, xi.,y9. mittees of this Court at his House, Amounting to the Sum of £4. 4. 

[Read and] 

Resolved that the sum of Four pounds four Shillings be allowed & 
paid out of the publick Treasury to William Pattin the Accomptant 
to discharge the said Accompt. \_Passed December 14. 



House Jour 
nal, p. 78. 



CHAPTER 132. 



RESOLVE ALLOWING £4. 9. 6 TO JOS. HILLER. 



Legislative 
Records of the 
Council, xi., 99. 

House Jour- 
nal, p. 78. 



An Accompt presented by Joseph Hiller of Writing done for the 
General Court, Amounting to the Sum of £4. 9. 6. 

[Read and] 

Resolved, that the Sym of Four pounds nine Shillings & six pence 
be allowed «fe paid out of the publick Treasury to Joseph Hiller to 
discharge the said Accompt. \_Passed December 14. 



CHAPTER 133. 



ORDER GRANTING MELIT" BOURN ESQ« HIS PETITION FOR PURCHASE 
OF AN INDIAN ISLAND. 



House Jour 
nal, p. 50. 



Records^of the ^ PETITION of Melctiali Boum Esq'' of Sandwich, Shewing, Whereas 
Council, xi., 99. Nathan Wicket & his Wife (Indians) have a small Island of Fifteen 
Acres of Land in Monument Bay adjacent to the County of Barn- 
stable, which they are willing to sell in order to purchase other Lands 
on the Main that may be more convenient for their Use, And whereas 
Shearjashub Bourne Esq' Father of the Petitioner had a Grant of the 
General Court in the year 161)4, To purchase two small parcels of Land, 
One of them, being a Neck of Land running into a Fresh Pond, with 
some Parcels of Out Lands Adjoining to it, That the said Island lies 
conveniently for his Use, & that his Father did not purchase the aboves** 
Lands in his Life time. And therefore Praying Licence for him & his 
Heirs to purchase the said Island of the said Nathan Wicket, & the 
other Lands mentioned. He giving the true Value thereof, in the Judgm' 



[2d Sess.] Province Laavs {Resolves, etc.). — 1720-21. Gl 

of any Persons appointed by this Court to be Trustees in beiialf of the 
Indians. 

Head, & 

Ordered that the Prayer of this Petition be granted, & that the Honb' 
John Otis Esq"" Coll. William Bassit, & M"" Eldad Tupper be appointed 
Trustees in Behalf of the Indians to see that Justice be done them in 
the Sale, And to take Care that the Money paid for the Lands be laid 
out for other Lands most accommodable for the Indians, & Make Report 
of their Doings to this Court. \_Passed December 14. 



CHAPTER 134. 

ORDER FOR THE COMMISSIONERS OF THE £50,000 LOAN SUING OUT 
FORFEITED MORTGAGES &c\ 

AVhereas it may prove Injurious and of Damage both to the Prov- Legislative 
inee and to particular persons Concerned in Case the Trustees for the councif xV^^ 
Fifty Thousand pounds Loan delays Either Suing out the Forfeited loo- 
Mortgages, or Taking out and Levying. Executions after Judgm' ob- House Jour- 
tained on Such Forfeited Mortgages, Since the Three years, Given for provjijce 
Redemption, begins but from the Time that the Mortgagee, gets into Laws, i., 750, 

-r^ ■ ^ » & ' o chai). 10. 

Possesion, 

Resolved and Ordered That the Said Trustees without any Delay Sue 
out all Such Mortgages, as are forfeited to the Province and upon Ex- 
piration of the Time Limited by law For Mortgages to take out and 
Serve Executions, Accordingly, Unless the Mortgager shall without 
Judgment or Execution deliver up possesion. \_Passed December 15. 



CHAPTER 135. 

RESOLVE FOR ADVANCING THE PAY OF THE FORCES. 

Resolved that the Marching forces now in the Sei'vice be allowed ^^^'^.'^*'^f ., 
Eight Shillings p'' week for their pay, and the officers that are In- Couucii, xi., 

101. 



habitants of, or belonging to this Province in the Same proportion. 

r Passed December 15. House Jour- 

■- nal, p. 76. 



CHAPTER 136. 

RESOLVE FOR EMITTING £10,000 IN BILLS OF CREDIT AND PROVIDING 
SECURITY: SEV'-'- SPECIES TO BE REC'^ INSTEAD OF BILLS. 

Resolved that the Treasurer be &, hereby is Directed to Issue forth Legislative 
& Emit the sum of Ten thousand pounds of the Bills of Publick Credit, councif, xi., ^ 
that are or shall be receiv'd into the Treasury for Pa^'ment of Publick ^i*^ 



Debts of the Province, already contracted for the Defence & Support R*^"'*|f**^f 
of the Governm' & the necessary Protection & Preservation of the In- Council, xi., 
habitants of this Province, & for Subsisting of Forts & Garrisons, & joumai^if. es. 
the 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 War- 
rant or Order from the Governour or Commander in Cheif for the 
Time being, by & with the Advice & Consent of the Council. 



62 



Province Laws {Resolves, etc.). — 1720-21. [Chaps. 137, 138.] 



And the said Bills shall pass out of the Treasury at the Value ex- 
press'd in them equivalent to Money, & shall be so taken & Accepted 
in all publick Payments. 

And that the Dutys of Impost & Excise, shall be a Fund & Security 
for the Repayment & Drawing the said Bills into the Treasury again ; 

And as a further P\ind & Security for the same, It is further, 

Resolved, That there be & hereby is Granted to his most Excellent 
Majesty for the Ends & Uses as aforesaid, a Tax of Ten thousand 
pounds to be Livied upon Polls & Estates both real & personal within 
this Province, according to such Rules & in such proportion, as shall 
be Agreed on & Ordw'd by the Great & General Assembly of this 
Province at their Session in May Anno Domini One thousand, seven 
hundred & twenty five. And paid into the Treasury on or before the 
last Day of December next after. 

And whereas thro' the Scarcity of Bills of Credit, It grows difficult 
for Persons to convert the Produce of their Lands & other Effects into 
Bills, & Pay their Rates with them. It is further. 

Ordered that the Inhabitants of this Province, shall have Liberty (If 
they see cause) to pay the several Sums, that shall be on them respec- 
tively Assess'd in the several Species hereafter mention'd, At such Rates 
& Prices as the General Assembly shall set them ; Viz' In good Mer- 
chantable Barrel Beef or Pork, or in Wheat Peas Barley, Rye, Indian 
Corn, Oats, Flax, Hemp, Bees Wax, Butter in Firkins, Cheese Hides, 
Tann'd Leather, Dry Fish, Mackerel in Barrels, Oyl, Whale Bone, Bay 
berry Wax or Tallow ; Which several Species shall be receiv'd by the 
Treasurer of the several Constables or Collectors, And be b}' him Dis- 
posed of for the best Advantage for the Calling in of the said Bills into 
the Treasury. 

And if any Loss by the Sale of the aforesaid Species or by any other 
unforeseen Accident shall arise, Then such Difflciency shall be made 
good, by a Tax of the Year next following, so as fully & effectually to 
call in the Whole of the said Sum of Ten thousand Pounds of Bills, 
Emitted as aforesaid. \^Passed December 15. 



Legislative 
Records of the 
Council, xi., 
105. 

House Jour- 
nal, p. 80. 



CHAPTER 187. 

RESOLVE ALLOWING £50 TO THE LIEUT. GOVERNOR. 

Resolved that the Sum of Fifty pounds be allowed and paid out of the 
publick Treasury to the Honb'" William Dummer Esq' Lieu' Gov' in Con- 
sideration of his readiness at all times to Serve this Province. \_Passed 
December 1 6. 



CHAPTER 138. 



Legislative 
Records of the 
Council, xi., 
105. 

House Jour- 
nal, p. 81. 



RESOLVE ALLOWING £100 ADDITIONAL TO THE JUDGES. 

Upon a motion being made and Consideration had of the Growing 
Charge & Expence that attends the Honb'*^ Judges of tiie Superiour 
Court of Judicature in the discharge of their office. 

Resolved, That the Sum of one hundred pounds be farther allowed ; 
& paid out of the publick Treasury to the s^ Honb'*^ Judges. \_Passed 
December 16. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1720-21. 63 



CHAPTER 139. 

RESOLVE ALLOWING £50 ADDITIONAL TO M" PRESIDE LEVERETT. Legislative 

Records of the 
Council, xi., 

Resoli^ed That the Sura of Fifty pounds be added to the allowance ^ 



of the Revr*^ M"^ John Leveiett, President of Harvard Colledge for the House Jour- 
year Coming Beginning In January next. [Passed December 16. nai, p. ,i. 



CHAPTER 140. 

RESOLVE ALLOWING £500 TO M"^ AGENT DUMMER. 

Resolved that the Sum of Five hundred pounds, be allowed & paid out ^?''^'f"^f th 
of the publick Treasury, to Jeremiah Dummer P^sq'' agent for this Prov- council, xi., 
iuce or his Order further to Enable him to negotiate the affairs thereof. ^^^' 
[Passed December 16. House Jour- 



CHAPTER 141. 

RESOLVE ALLOWING £125 TO THE SECRETARY. Legislative 

Records of the 
Council, xi.. 

Resolved that the Sum of one hundred and Tw-enty Five pounds be lOo- 



allowed & paid out of the publick Treasury To Josiah Willard Esq"" for House Jour- 
his Extrodinary Service to the Province. \_Fassed December 16. "^^' ^'" '*'* 



CHAPTER 142. 

RESOLVE ALLOWING £30 TO M^ JOHN W'HITE. 

In the House of Representatives • Legislative 

Resolved that the Sum of Thirty pounds be allowed & paid out of the council^, xi., 
publick Treasury to John White Clerk of this House for his Service in ^^^• 



the year Curr^, House Jour- 

nil u 82 

In Council read & Concurred. [Passed December 16. ' . p- • 



CHAPTER 143. 

RESOLVE ALLOWING £25 TO JOHN FLAGG. 



Resolved that the Sum of Twenty Five pounds, be allowed & paid Legislative 
out of the publick Treasury' to INP John Flag Doorkeeper to His Ex- Coiincif, xi., 

cellency the Gov'' & this Court for his Service half a year. Ending, the }^ . 

twenty Sixth day of this March. [Passed December 16. House -Jour- 



64 



Province Laws (i?eso/?;e.s, e<;c.). — 1720-21. [Chaps. 144-146.] 



CHAPTEE 144. 

RESOLVE ALLOWING £10 ADDITIONAL TO M^ JOHN WHITE. 

Recordrof the ^^^ *^^® House of Representatives, 

Council, xi., Besolved, That the Sum of Tea pounds, be allowed & paid out of 

^ the publick Treasury to John White Clerk of this House, for his Ser- 

?ai!'p! ii.^^ vice & transcribing the Votes of this House for the press, this present 
Year. 

In Council read & Concurred. [^Passed December 16. 



CHAPTER 145. 



ORDER CONTINUING GYLES DYERS PETITION. 



Legislative 
Records of the 
Council, xi., 
lOK. 

House Jour- 
nal, p. 85. 
Ante, p. 20, 
chap. 38. 



A Petition of Gyles Dyer Esq"" As Entred Nov"' 26"' 1719 and Voted 
thereon, Nov"" 27"' 1719, & last passed upon, July 23^^ 1720. 

[Read and] 

Ordered^ that the Further Consideration of this petition be Continued, 
to the Sessions of this Court in may next, and that Executions on both 
Sides, be Stayed in the Meantime. \_Passed December 17. 



CHAPTER 146. 

VOTE RESPECTING PUBLICK NOTARYS; VOTE FOR SENDING TO THE 
AGENT ABO^ Y"- AFFAIR OF THE PUBLICK NOTARY. 



Legislative 
Records of the 
Council, xi., 
108. 

Legislative 
Records of the 
Council, xi., 
50, 103. 
House Jour- 
nal, pp. 84, 85. 
Province 
Laws, i., 732. 



A Hearing being had this day before the whole General Court, upon 
the memorial of Samuel Tyley & Joseph Hillier, two of the publick 
Notarys, of and for this Province being chosen and appointed thereto, 
by the General Assembly, Setting forth. That Joseph Marion of Bos- 
ton Scrivener, Claims the office of a publick Notary, & Acts as Such 
by Virtue of a Commission, from his Grace the Archbishop of Cante- 
bury, which Commission was accordingly produced and read. 

Resolved^ That by the Royall Charter of this Province, Granted by 
King William & Queen Mary of Glorious Memory, the Nomination and 
appointment of all Civil officers within this Province (Excepting Such 
the Election and constitution whereof, are by the Said Charter reserved 
to his Majesty or to the Governour or Commander in Chief of the Prov- 
ince) of right appertains to, and is one of the Undoubted priveledges of 
the Great and General Court or assembly of the Province, And that the 
office of publick Notary, being not reserved to their S'' Late Majesties 
& their Successours, the Nomination and appointm' of persons to that 
office, of right & by Virtue of the Royall Charter is Vested in his Maj- 
esties Governm' of this Province, & has been at all times So practised. 
And that for any person or persons within this Province, to Claim or 
Act, in the S'' office without a Counnission from this Governm' is Con- 
trary to and a Breach of the priveledges of the Royall Charter, and 
that M'' Jc^seph Marion, be Served with a Copy of this Resolve, & be 
directed to Act no fui'ther as Notary pul)lick in this Province, Unless 
he be chosen to that otlice by this Court,' 

' The record here adds : " Consented to, provided it is not Contrary to an Act of Parlia- 
ment; " the governor's action, no doubt. 



[2d Sess.] Province Laws (Hesolves, etc.). — 1720-21. 65 

Ordered that a Copy of the Resolve, relating to jVP Hillers & M"" 
Tyleys Memorial, be transmitted to M' Agent Dummer, with directions 
to vindicate the proceedings of this Court, in that affair If occasion 
shall be. \_Passed December 17 . 



CHAPTER 147. 

RESOLVE ALLOWING £500 TO THE GOVERNOR. Legislative 

Records of tlie 
Council, xi., 

Resolved, That the Sum of Five hundred pounds, be allowed & paid nij 

out of the publick Treasury to his Excellency Samuel Shute Esq'' Cap- Legislative 
tain General & Gov' in chief of this his Majestie's Province, for his coundf.xi., ^ 
Support in managing the affairs of the Government. \_Passed Decern- 'g^.-^^^.^^^'j^^^- 

her 1 7. Re<'ord8 of the 

Couucil, vii., 
218. House 
Journal, p. 80. 



66 



Province Laws (i?eso/ye«,ete.). — 1720-21. [Chaps. 148, 149.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON the Fifteenth Day of March, A.D. 1720. 



CHAPTER 148. 



Legislative 
Records of tlie 
Council, xi., 
114. 

House Jour- 
ual, pp. 4, 5. 



ORDER GRANTING ISAAC FAREWELLS PETITION FOR APPROVAL OF 
PURCHASE OF INDIAN LANDS. 

A Petition of Isaac Farewell, shewing that his land in the Town of 
Sutton, happens to be so laid out as to abut on the Southwest Angle 
of the Hassanimisco Lands, and that he has no accomadable place to 
Build on near the Country Road, unless he can purchase a Small tract, 
of the Hassanimisco Indians at the S'' Southwest Angle, that the Indians 
are very willing to sell the same to the petitioner, and praying that he 
may obtain the allowance and approbation ; of this Court, for his pur- 
chase of the S" Tract, of Land, A plat whereof, is herewith Exhibited, 
the same hav" been Surveyed, & Contains Eighteen Acres, for which 
he is to Give Nine Pounds. 

Read & 

Ordered, that the prayer of this petition be Granted ; and that John 
Chandler Esq'' be desired to take care that Justice be done to the Indians 
in the purchase, and to dispose of the purchase Consideration in the best 
manner he can for the Benefit of the S'' Indians. \^Fassed March 16. 



CHAPTER 149. 



Legislative 
Records of the 
Council, xi., 

House Jour- 
nal, p. 6. 
Province 
Laws, i., 406, 
chap.2(i; 420. 



RESOLVE ON QUESTION RESPECTG ASSESORS OF PRECINCT RATES. 

Question ; Whither that Clause in the Law Entitulod An Act directing 
how rates or Taxes to be Granted by the Generall Assembly shall be 
assesed and Collected in the Words following. Viz' ["Jand Such Select 
men or assessors shall be under the like obligation of, the oatli admin- 
istred to them, for making the publick Tax, Equally, and Impartially 
to proportion. Such County or Town, Assesmeuts by the Same Rule,"^ 
doth Plxtend to all Assessors, in the proportioning, of Precinct or dis- 
trict or Parish Rates or assesmeuts, Granted or agreed on, by any Legall 
Meeting, of the Inhabitants, of Such Precincts district or Parish regu- 
larly Set off ? 

Resolved in the atlirmative. \_Passed March 18. 

' The quotation is not exact, but apart from punctuation, tlie difference is immaterial. 



[3d Sess.] Province Laws (^liesolves, etc.). — 1720-21. 67 



CHAPTER 150. 

DRAUGHT OF A PROCLAMATION FOR A PUBLIKE FAST ADVISED. Legislative 

Records of tlie 
Council, xi., 

Samuel Sewall Esq* from the Committee of the Board, appointed n8. 



to prepare, the Draught of a Proclamation, for a General Fast, reported House Jour- 

tlie feame. 9, 12. Love's 

which was read at the Board, and advised that his Excellency Issue Fast and 
forth the S" Proclamation. [Passed* March 20.' Davs,Sw^ 

England, p. 489. 



CHAPTER 151. 

ORDER ABOUT V NIEGHBOUR" GOVERNMENTS PROPORTION OF TRANS- 
PORT HIRE ANNO 1710. 

Whereas this Government pursuant to the directions, of the Council ^^^^rd*^'^* th 
of Warr, Consisting of the then Govenour of this Province, Generall Council, xi., 

Nicholson & the Govenours of the Neighbouring Colonys, Concerned — 

in an Expedition, by order of her late Majesty, Queen Anne, for the ^aTT '^i-"^i8 
Reduction of Port Roy all Anno 1710, did take up Equip & pay Six Province'' 
Transport Vessells, besides the Transports for their Own Troops, that ohaptVs^'' '*^' 
% were Improved to transport, Sundry of her IMajesties Stores, Ordered, 
to be Sent & Necessary in the Said Expedition, and the Said Council 

' The preliminary proceedings are important. Thej- were as follows : — 
"In the House of Representatives March 16"' 1720, 

Ordered That Elisha Cook Esq'' M' Ebenezer Stone & John Clark Esq's, ^yith Such as 
the Hon'j'" board shall appoint, be a Committee to prepare & Lay before this Court a draught 
of a proclamation for the observance and Solemnizing of a day of publick Fasting with 
prayer to allmighty God, throughout the Several Towns, & precincts within this Province, 
upon the present Grounds & occasions thereof. 

In Council read & non Concurred, and 

Voted, that a Message, be Sent down to the Ilonblo : House of Representatives, That the 
Board havs ordered precedents, to be Searched do not find, that the House have heretofore 
appointed a Committee, to Join, in drawing up a proclamation for a publick Fast, and have 
therefore non coticurred, their order passed Yesterday, but have directed a proclamation 
to be prepared which will be communicated to the House, Sent down by Benj-^ Lynde & 
Thom* Fitch Esqi^"^ 

Ordered, That Sam' Sewall Paul Dudley, & John Burrill Esq'* be a Committee, to pre- 
pare and lay before the Board, a draught of a proclamation, for a General Fast, to be observed 
Throughout this Province, on Thursday the Twentyeth of april Next. 

A Message came up from the House of Representatives, by Elisha Cook William Dudley 
Esqf Cp' John Gardner John Chandler Esq'' & John Clark Esq'', tliat the House insist on 
their Vote of Yesterday, for the appointment of a publick Fast, inasmuch as they are of 
opinion, that if the appointment of Such days has not the Sanction of the whole Court, 
persons are not Liable to be punished, if they work or Travell thereon, which, "Will tend 
to a great disorder." — Legislative Records of the Council, xi., 113. 
"In Council 

Voted that a message be Sent down to the Houb'e House of Representatives, that the 
Board apprehend that their message Sent this morning referring to a Fast was mistaken, 
for that they are very ready and Glad to have the Concurrance of the House (during the 
Session of the General Assembly) in appointing a General Fa.-~t, but find that it has ahvays 
been the method of this Government for his ExeellO' the Gov', with advice of the Council 
(and during the Session of the General Assembly) at the desire or motion of the Repre- 
sentatives, to Issue out proclamations for the publick Fasts &c" and accordingly his Excel- 
lency, with the advice of the Council, and at the Instance of the House, has ordered a 
proclamation, for a publick Fast to be drawn and Comuuinicated to the House, Sent Aown 
by Penn Townsend John Appleton, Edward Bromfield, John Otis, Natli' Norden, and Adding- 
ton Davenport, Esq'''* 

A Message came up from the Representatives by John Clark, Elisha Cook, John Quincy, 
Esqrs, Cap' Joiin Gardner, Cap' "William Pepperill, 'M' Samuel Came, & Cap' Will'" Throop, 
that the House do not find, that the Message of the Board was mistaken by them, but must 
needs think, that the Houb''" Board is mistaken in their last message, when they Say that 
his Excellency, with advice of the Council, & at the Instance of the House has ordered a 
proclamation for a publick Fast, to be drawn, they having made no Such Instance but 
Voted a Committee to Join with a Committee of the Honb'e^Board, to prepare the Draught 
of Such a Proclamation." — Legislative Records of the Council, xi., 116. 



68 



PuoviNCE LA^y>i(Besolves, etc.) . — 1720-21. [Chaps. 152, 153.] 



liegislative 
Records of the 
Council, xi., 
123. 

House Jour- 
nal, p. 17. 



of Warr, did adjust to Each of the Governments their proportion, to 
the Charge of the Said Transports, according to the Quota then ap- 
pointed, by her Said Late Majesty, the Proportion of the Province of 
New Hampshire, being Fifty Five pounds Twelve Shillings & Eight 
pence, to the Colony of Connecticutt, one hundred & Ninety pounds, 
Fourteen Shillings & three pence half penny, To the Colony of Rhode 
Island, One hundred & Eleven pounds Five Shillings & three pence 
half penny ; and whereas, the Said Governments have not yet repaid, 
the Said Sums to this Province, So long Since advanced for them. 

Ordered, That pressing Applications be made to Each of the S*^ Gov- 
ernments for the obtaining of the Said Debts, Justly due from them to 
this Province. [Passed March 23. 



CHAPTER 152. 

ORDER ON WILLIAM SALISBURY &c^ THEIR PETITION FOR PERAMBU- 
LATION OF LANDS. 

A Petition of William Salisbury in behalf of himself and others, 
proprietors of a Tract of Land called y'' gore or outlet which is part of 
a tract of Land formerly Granted, by the General Court of New Plym- 
outh, Called Shewammett Purchase, praying this Court to Appoint a 
Committee, to perambulate the divisional Line, between the S'' Lands, 
and the Grants adjoyning. 

Read & 

Ordered that the prayer of the petition be Granted, and that tlie Honb'^ 
Sam' Thaxter, and William Dudley Esq"^, «fe Cap' William Throop, be a 
Committee to run the Line, mentioned in the petition. Seasonably Noti- 
fying the Towns Concerned, of the time of their Attending the Said Ser- 
vice, The Charge of y'' Committee to be defreyed by the petitioner. 
\_Passed March 23. 



CHAPTER 153. 



ORDER ON PETITION OF ^ NORTH PRECINCT IN LYNN IN REGARD 
TO LEGALITY OF TOWN MEETINGS. 



Legislative 
Records of the 
Council, xi., 
124. 

House Jour- 
nal, p. 17. 



A Petition of John Pierson, Nath' Gowing, Will'" Eason, & George 
Hirst, in Behalf of the North, Precinct in Lynn Setting forth that many 
disputes & Controversy s, have arisen. Touching the Legality, of thier 
Meetings & the assesments made on thier Inhabitants, and praying this 
Court to finable, them to. Call and hold a Legal precinct meeting, that 
So thier differences may be Ended. 

Read and 

Ordered That the Several Assesments, made by the Assessors, of the 
North Precinct in Lynn 1717, 1718, 1719, 1720, are Good & Legal, the 
S*^ Assesors for those Years, being under oath, for the FaithfuU Dis- 
charge of thier Trust, and that the Several & Respective meetings in 
which the S'^ Assessors were chosen, (and also a precinct Clerk) be 
Confirmed & fully allowed, as if the Said Assessors, had been Chosen 
a Committee for the management, of the affairs & prudentials, of that 
Precinct, and that the present Assessors, Viz' for the Year 1720, be 
and hereby are Impowered, to Call a precinct meeting. Sometime in 
this month of March, If it may be Conveniently, otherwise in the mouth 



[3d Sess.] Province Laws (^Resolves, etc.). — 1720-21. 69 

of April Next, by a Warrant, under thier hands directed, to the Con- 
stable or other person they shall appoint to warn, the Freeholders, & 
other Inhabitants Qualified according to Law, within that precinct to 
meet at Such time & place, as the S'^ Assessors Shall agree on and 
Setting forth in the Said AVarrant the occasion of thier meeting. Viz' 
to Chuse a Precinct Clerk, a Collector and all other officers, whatso- 
ever Necessary and as directed in the Law, and to Appoint a Method 
for Calling Precinct meetings for the Future, any Law usage or Custom 
to the Contrary notwithstanding. 

And the Inhabitants of the S'' Precinct are hereby advis*^ and directed 
to proceed in the Good Work of Supporting the Gospel Ministry, among 
them with Uuaniininity,^ and Good agreement, that they with, thier pos- 
terity, may reap the happy Fruits thereof. [PassecZ March 23. 



CHAPTEK 154:. 

RESOLVE ON MEMORIAL OF THE TRUSTEES FOR THE £50,000 LOAN OF 

BILLS. 

A Memorial of Addington Davenport, Thomas Hutchinson, John Legislative 
White & Edw"! Hutchinson, Trustees of the Fifty Thousand pounds c^uncu, xlj''^ 

Loan, of the Bills of Credit, Shewing that they have recieved in about, i'^7- 

Thirty Seven Thousand pounds, of the principall and between Seven & Legislative 
Eight, Thousand pounds, as Interest, and that they have Sued «fe recov- counc^f, ix***^ 
ered. Judgment on more than Forty Deeds of Mortgages, & praying *32. House 
direction from this Court, where Judgment is obtained, or the persons 'prov?nc'e^' 
ai-e ready to deliver up their Lands, whither Such persons shall be ^^.^p^io.' '^^' 
allowed, to Continue in possession, during the time limited, for re- ^M<e, p.6i, 
demption, or Any, that will hire the Same be put in as Tenuauts, or '^ ^^' 
what other Course, the Court shall think proper to be taken, 

[Read and] 

Resolved,, That the S'' Trustees of the Fifty Thous*^ pounds Loan 
of Province Bills be Impowered to Suffer & keep in possession, untill 
the time of Redemption is Expired, any person or persons, that have 
Surrendered, or have been Ejected out of thier Estates, for not pay- 
ing the principall Borrowed and Interest due thereon, provided. Such 
person, or persons, become & attorn Pennants to the S*^ Trustees in 
behalf of the province, and by Some Suitable way, Secure the pay- 
ment of the Rent, of & for Such Estates (which shall Amount to the 
Interest of the principall Money borrowed or So much, thereof as is 
outstanding) & provided Such Mortgager in no Wise make any Strip 
Waste, or Spoil on the Lands (fee" mortgaged, & Where any person 
hath paid no Interest, on his Mortgage, In Such Case, before the trus- . . 

tees allow Repossession, he shall pay all the Interest, and Charges due 
thereon. Provided also, & it is hereby declared, that the '^hree Years 
Given by Law for the Equity of Redemption, shall Commence, & Go 
on, from the time, Either that the Trustees have taken, or may here- 
after take possession, by Execution in Law, or the Surrender of the 
party or the Attornment of the Tennant, or Mortgager. \^Passed 
March 25. 

1 Sic. 



70 



Province Laws {Resolves, etc). — 1720-21. [Chaps. 155, 156.] 



CHAPTER 155 



Legislative 
Records of the 
Council, xi., 
126. 

House Jour- 
nal, p. 21. 
Province 
Laws, ii., 137, 
chap. 4. 



ORDER FOR ADJOURNING THE COURTS IN THE COUNTY OF ESSEX. 

WHEREAS the time appointed by Law for the Sitting, of the Court of 
General Sessions of the peace and luferiour Court of Common pleas for 
the Count}' of Essex at Ipswich is Tuesday the Twenty Eigth Instant ; 

Ordered, Tliat the Justices of the Said Coui't, of Creneral Sessions 
of the peace, and luferiour Court of Common pleas, be directed to 
adjourn the Said Courts, to Some Further time, that, So the Members, 
of the General Assembly Concern'^ in, the S'' Courts may attend, the 
publick Buisiness in this sessions. \^Passed March 25. 



CHAPTER 156 



Legislative 
Records of tlic 
Council, xi., 
131. 

House JoTxr- 
nal, ^. 24. 
Province 
Laws, ix., 695, 
c^iap. 110. 



ORDER ON M'' THO^ CRAIGHEADS PETITION AS TO TAXES FOR SUP- 
PORT OF THE MINISTRY AT FREETOWN. 

A Petition of Tho^ Craighead Minister of Freetown, Shewing that 
the Said Town, chose Such Constables, as refuse to Gather the Tax 
assessed for his Maintenance, whereby he is in Great Want, The Town 
being In arrears to him about Two hundred pounds, and, praying, that 
Some other persons may be appointed to Collect his Lues, Or Such other 
Methods taken for his relief as to this Court shall Seem most proper. 

Read, & Whereas, the Constables, or Collectors of The Towns of 
Freetown in the County of Bristoll for the Years 1718 & 1719 do neg- 
lect & refuse to Collect and Gather, the rates or assessments, made for 
those two Years, although Two rate Bills, with Sufficient, Warrants, 
to them annexed, from the Assessors under oath of that Tow-n, have 
been Committed to the two Constables, Viz' to George Winslow Con- 
stable in the Year 1718, Amo' to the Sum of Sixty Five pounds, & pay- 
able, to the Revr'^ M"^ Craighead for and towards his Support, in the 
Work of the Ministry in that Town, and to Thomas Lurfey Constable, 
in & for the Year 1719 amo' to the Sum of Sixty Five pounds, & pay- 
able as afores*^ and for the Use aforesaid, for remedy whereof and to 
oblige the Said Coustables to their respective duties. 

It is hereby 

Resolved., & Ordered, that the Justices in General Sessions of the 
peace for the S'^ County of Bristoll, be Impowered & directed, to Grant 
out Warrants of Listress or Executions directed to the Sherriff, of that 
County, to distrain the Goods or Estate reall or personall, of the Said 
Defective Constable respectively to the Value of the Sums due from 
them, & make Sale of Such Estate Reall or personall. Returning the 
Overplus to them, & pay to the Revr'' M"" Craighead, the Said Sums, 
amo' In the Whole to One hundred & Thirty pounds, and the admin- 
istrators, or Executors of John Hathw^ay Jun' Constable, of the Said 
Town, for the Year 1717, who had a rate amo' to the Sum of Thirty 
Two pounds. Ten Shillings for the Use aforesaid, and Warrant Suffi- 
cient to the Same, Annexed from the Assessors under oath, and who 
died before the Collecting of the S'' Rates ; be Enabled, and are hereby 
Impowered, to Collect the Same, & pay it into the hands of the Revr'' 
M'' Craighead and in case the Executors or administrators, do refuse 
to Collect y'' Same that the rate be Committed, into the Hands of M' 
John Barney, Deputy Sherriff of that County, who is hereby authorized, 
and directed, to follow the directions of tlie Warrant, to the rate an- 
nexed, and the Rules & directions, of the Law in that Case made and 
provided. \_Passed 3Iarch 29. 



[3d Sess.] Province Laws (Besolves, etc.). — 1720-21. 71 

CHAPTER 157. 

RESOLVE ALLOWING £48. 5. 6 TO NICHOLAS BOON. 

An Accompt of Nicholas Boon, for paper & printing of the Votes Legislative 
of the House of Representatives, at their last Session, and Blank Mort- council^, xi!^^^ 
gages, delivered the Commissioners of the £100,000 Loan amo' to, £48. ^^2^ 

5 . 6 . House .Jour- 

[Read and] °'*''i'--'- 

Resolved, That the Sum of Forty Eight pounds. Five Shillings and 
Six pence, be allowed and paid out of the publick Treasury to M' 
Nicholas Boon, the Accomptant, to discharge this Accompt. [Passed 
March 29. 



CHAPTER 158. 

RESOLVE ALLOWING £2. 10 TO JAMES SCOLLY. 

An Accompt of James Scolly, for his Service at Several times, as Legislative 
Messenger to the .House of Representatives this Year. Councu^ x*i ^^^ 

[Read and] i33. 

Resolved that the Sum of Two pounds Ten Shillings, be allowed and House Jour- 
paid out of the publick Treasury to M"" James Scolly, the Accomptant °*'' ^'' ^^' 
in full of this Acco'. [^Passed March SO. 



CHAPTER 159. 

RESOLVE ALLOWING £4. 6 TO DISCHARGE TYLEY & ROLFES ACCO^. 

An Accompt of Writing done for the Publick by Sam' Tyley & Benj^ Legislative 
Rolfe, amo' to the Sum of Four pounds Six Shillings. Councif.xi., 

[Read and] ^34. 

Resolved That the Sum of Four pounds & Six Shillings be allowed House Jour- 
& paid out of the publick Treasui*y, to M"" Samuel Tyley and M' Benj' ' ' ^^' 
Rolfe to discharge the S*^ Accompt. \_Passed March 31. 



CHAPTER 1(30. 

ORDER FOR MAK'' £50,000 IN BILLS OF CREDIT. 

Ordered, that the Committee who made the last Bills of Credit on Legislative 
this Province, be desired and directed, to print and finish off as Soon Records of the 

1 ^1 o /. TT/. mi T 1 11 -, . Council, XI., 

as may be, the Sum of I'lfty Thousand pounds, upon the plates and m i35. 
proportion as is directed. In the Bill Entituled an Act, for the mak- House Jour- 
ing & Emitting the Sum of Fifty Thousand pounds in Bills of Credit, "."oVmce 
on this Province in Such manner, as is hereafter directed,' pass'' this Laws, u., 189, 
Session, and Deliver them to the Province Ti-easurer, Taking his reciept ^ ^^' ^^' ^^^' 
for the Same, the S'' Committee to be paid for thier Service, as for the 
last they made. [^Passed March 31. 

' For "directed" the title to the Act reads "expressed." 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1721. 



[73] 



LEGISLATIVE LIST^ 



I 7 2 I 



His Excellency SAMUEL SHUTE, 
Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECRETARY OF the PRO^^XCE. 



COUNCILLORS OR ASSISTANTS. 

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



William Tayler 
Penn Townsend 
Samuel Sewall 
John Appleton 
Samuel Patridge 
Edward Bromfield 
Nathaniel Norden 
Thomas Noyes 
Benjamin Lynde 



Addington Davenport 
Thomas Hutchinon 
Samuel Brown 
Thomas Fitch 
Esqrs. Adam Winthrop 

Jonathan Dowse 
Samuel Thaxter 
John Burrill 
John Turner 



Esqrs. 



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



Nathaniel Byfield 
Isaac Winslow 



Esqrs. 



John Gushing 
John Otis 



Esqrs. 



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

John Wheelwright, Joseph Hammond & Charles Frost, Esqrs. 

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

Paul Dudley, Esq. 

> See Legislative Records of the Council, xi., 136-139. 

- [7-^] 



76 



Province Laws {Resolves, etc.). — 1721. [Eepresentatives.J 



For the Province, at large : — 
Edmund Quincy & Spencer Phips, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
May 31, 1721 to July 20, 1721. 



Mr. JOHN CLARK, Speaker. 



County of Suffolk. 

Boston, . . . John Clark, Esq., 
Elisha Cook, Esq., 
William Hutchinson, Esq., 
Mr. William Clark. 

Roxbury, . . William Dudley, Esq. 

Dorchester, . . Lieut. Col. Robert Spurr. 

Brantrey, . . Major John Quincy. 

Hmgham, . . Mr. Nathaniel Hubbard. 

Milton, . . . Mr. Ephraim Tucker. 

Weymouth, . . Mr. John Torrey. 

Dedham, . . Mr. Joseph Ellis. 

Medfield, . . Mr. Henry Adams. 

Mendon, . . . Mr. Thomas Sanford. 

Wrentham, . . Mr. Robert Ware. 

Woodstock, . . John Chandler, Esq. 

Oxford, . . . Capt. Richard Moor. 

Brooklyn, . . Mr. Edward White. 

County of Essex. 

Salem, . . . Daniel Eps, Esq., 

Capt. John Gardner. 

Ipswich, . . . John Wainwright, Esq., 
Mr. Nathaniel Knolton. 

Newbury, . . Mr. Nathaniel Coffin. 

Mble:head, . . Mr. William Stacey. 

Lynn, . . . Mr. Richard Johnson. 

Beverly, . . . Capt. Joseph Herrick. 

Wenhani, . . Mr. Joseph Gott. 

Topsfield, . . Capt. Tobijah Perkins. 

Andover, . . Benjamin Stevens, Esq. 

Haverill, . . Mr. John Saunders. 

Boxford, . . . Mr. Joseph Hale. 

Rowley, . . . Mr. Timothy Harris. 

Salisbury, . . Mr. Isaac Morrill. 

Amesbury, . . Capt. John Foot. 

Olocester, . . Mr. Samuel Stevens. 

County of Middlesex. 
Cambridge,. . Spencer Phips, Esq. 
Gharlestown, . Mr. Ebenezer Austin, 

Mr. John Rand. 
Watertow7i, . . Mr. Samuel Stearns. 



County of 

Newton, . . . 

Sudbury, . . 

Marlboro, . . 

Sherburne, . . 

Lancaster, . . 

Framingham, . 

Qrotton, . . . 

Concord, . . . 
Chelmsford, 

Billerica, . . 

Woburn, . . . 

Reading, . . 

Maiden, . . . 

Lexington, . . 

Weston, . . . 

Stow, . . . . 

Licester, . . . 



Middlesex — Concluded. 
Mr. Ebenezer Stone. 
Mr. John Rice. 
Capt. Peter Rice 
Mr. John Death. 
John Houghton, Esq., 
Mr. Jabez Fairbanks. 
Joseph Buckminster, Esq, 
Capt. John Shipley. 
Mr. William Wilson. 
Mr. Stephen Pierce. 
Mr. George Brown. 
Mr. Daniel Pierce. 
Mr. William Bryant. 
Capt. Joseph Dexter. 
Mr. Thomas Bloggett. 
Mr. Josiah Jones. 
Mr. John Whitman. 
Mr. John Menzies. 



County of Hampshire. 



Sjjringfleld, 

Northampton 

Hadley, . 

Hatfield, . 

Wesifield, 

Deerfield, 

Brookfield, 



Mr. Joseph Stebbins. 
Joseph Parsons, Esq. 
Mr. Luke Smith. 
Mr. John Dickinson. 
Mr. Samuel Ashley. 
Mr. Samuel Barnard. 
Mr. Joseph Jennings. 



County of Plimouth. 



Plimouth, 

Scituate, . 

Marshfield, 

Duxbury, 

Bridgewater 

Rochester, 

Middleboro 

Plimpton, 

Pembrook, 



. Mr. John Foster. 
. Mr. James Gushing. 
. Mr. Jonathan Eams. 
. Capt. John Alden. 
. Mr. Richard Davenport, 
. Samuel Prince, Esq. 
. Mr. John Bennett. 
. Mr. Benoni Lucas. 
. Mr. Francis Barker. 



County of Barnstable. 
Barnstable, 
Sandwich, 



. Shubal Goreham, Esq. 
. Mr. Samuel Jennings. 



{Representatives.] Province Laws {Resolves, etc.). — 1721, 



77 



County of Baknstahle — Concluded. 
Yarmouth, . . Mr. Samuel Knowles. 
Harwich, . . Mr. Thomas Clark. 
Truro, . . . Mr. John Snow. 

County ok Bristoll. 



Bristol, . . 


. Capt. William Throop. 


Sherburne, 


Taunton, 


. Mr. James Leonard. 




Swanzei/, . 


. Mr. Joseph Winslow. 




Rehoboth, . 


. Mr. Nathaniel Peck. 


York,. . . 


Little Compton 


, Mr. Joseph Davenport. 


Kittery, . . 


Bighton, . . 


. Mr. David Walker. 


Wells^ . . 


Tiverton, 


Mr. Joseph Tabor. 


Berwick, 


Attleboru, . 


. Mr. David Fi-eeman. 


Biddeford, . 


Norton, . . 


. Mr. Samuel Brentnall. 


Qeorge Towr 


Dartmouth, . 


. Mr. Phillip Tabor. 




Freetown, . 


. Mr. Nicholas Moorey. 





Dukes County. 

Edgar Toivn, . Enoch Coffin, Esq. 

Chilmark, . J Zaccheus Mayhew, Esq. 
Tisbury,. . S j > -i 

County of Nantucket. 
George Bunker, Esq. 



County of York. 
. Mr. Samuel Came. 
. Mr. Joseph Dennett. 
. Mr. Francis Sawyer. 
. Elisha Plaistead, Esq. 
. Mr. Pendleton Fletcher. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed AT the Session begun and held at Boston 
ON THE Thirty-first Day of May, A.D. 1721. 



CHAPTER 1. 



ORDER FOR A NEW GRANT TO THE TOWN OF SHERBURNE. 

A PETITION of the Select men of the Town of Sherburne, Shewing Legislative 
that, their petition in the fall Session, for purchasing a Tract of Land, councif, xl.*'^*' 
Supposed to be about three Thousand acres and Lying betwixt, a Tract i*-- Mass. 
of about Seven Thousand Acres formerly Granted to the S*^ Town (on cxiii., 652. 
the Westerly part of Mendon Township & Providence Line) was re- Mass. 
ferred to this present Session, and that in the meantime, the S*^ Town Archives, 
of Sherburne be permitted by a Surveyour & Chain, men Under Oath House Jour- 
to take a plat of the S"^ Land & Lay it before this Court: That they nai,p.55(i720): 



have accordingly Implatted the S*^ Land proposed to be purchased, and 
also another Small pell : of Countrey Land, adjoyning to the Southern 
Bounds, of Sutton, Township, and to the Seven Thousand Acres afore- 
said, amo' in the Whole to Three Thousand Seven hundred and three 
Acres as may appear by the platt herewith Exhibited, wdiich S'^ Land 
Lys more accomadable, for Sherburne, than any other Town whatso- 
ever, and therefore praying, that the S*^ Town of Sherburne may be 
allowed to purchase, at a moderate price the Land Delineated and Set 
forth in y'^ plat before mentioned. 

In the house of Representatives 

Read and 

Ordered that thes'' Thre thousand seven hundred acres of land peti- 
tioned for be added to the former grant to the town of Sherborn upon 
their paying into the treasury of the Province in Six months time, six 
pence for every Acre of land containd inthes'' platt provided it in- 
chroach not upon any former grant 
In Council, 

Read & Concurred, Provided the Petitioners bring forward a Village 
or Settlem' according to their Proposal, on the whole Tract & within 
the Space of ten Years. 

In the House of Representatives Read and Concurred. \^Passed 
June 9. 



pp. 9, 11. 



CHAPTER 2 



ORDER FOR ADDING FARMS NEAR NATICK, TO THE TOWN OF SUD- 
BURY. 



" CooK from the Committee of petitions, offered, The Follow" Legislative 
rt. Viz', Upon reading a petition, of AVilliam Jennison & counoif.xi., 



repor 

Ebenezer Rice, in behalf of the Town of Sudbury, praying that Sev- ]^ 

[79] 



80 



Province Laws {Resolves, etc.). — 1721. [Chaps. 3,4.] 



House Jour- eral Farms, Lying adjacent to the Town of Sudbury, on the South 
(March); p. 10. Side of the Town betwixt Sudbury & Natick, may be added to the 
Township of Sudbury for Ever, the Inhabitants dwelling on those 
Farms, hav° desired to be Joined, to the S** Town of Sudbury, & 
made part of that Township, The Committee are of Opinion that the 
Farms petition"* for, be annexed, from hence forth, and made part of 
the Township of Sudbury, and the Inhabitants thereof, to pay their 
proportion to all rates & Taxes, and Enjoy P^qual Priveledges, with 
the rest of the Inhabitants of the Town of Sudbury. 
Agreed. \_Passed June 9. 



CHAPTEK 3. 



RESOLVE ALLOWING £40 FOR THE SUPPORT OF THE MINISTRY 

BIDDEFORD. 



AT 



Legislative 
Records of the 
Council, xi., 
143. 

House Jour- 
nal, p. 12. 
Ante, p. 9, 
chap. 10. 



A Petition of Pendleton Fletcher, Representative of the Town of 
Biddeford, in the County of York, in behalf of the S** Town, Setting 
forth their acknowledgment for the Favour of the Court, iu Cxranting 
them Forty pounds p' annum, for their assistance in the maintenance, 
of their minister, which has been a Great Encouragement to them in 
their Settlement, as well as a benefit to the Garrison, at his Majestys 
Fort Mary in the S** Town and that the rumour of the Warr with the 
Indians tlie last Summer, was a Great Loss and Damage to them in 
their affairs, and has rendered them more unable, to Support their 
Minister, than they should otherwise, have been. And praying that 
this Court, would further Consider, the Low Condition of the S** Town, 
and Order that the S"* Forty pounds, ma}^ be allowed them out of the 
publick Treasury for the S** Service, of Maintaining their minister, for 
one Year more. In the House of Representatives, Read, and the 

Question being put. Whither the prayer of this petition be Granted, It 
passed in the affirmative. 

In Council read & Concurred. \_Passed June 9. 



CHAPTER 4 



ORDER RESPECTING THE MEETINGHOUSE AT SUDBURY. 



Legislative 
Records of the 
Council, xi., 
144. 

JjCgislative 
Records of the 
Council, ix., 
42.1. House 
Journal, pp. 9, 
10. Province 
Laws, ix., 374, 
chap. 83; 4.51, 
chap. 165. 



Upon reading the petition of David Haynes and. Sixty three other 
Inhabitants of the West Side of Sudbury, River, together with another 
petition, of Edmond Brown, & Sixteen Other Inhabitants, on the Same 
Side of the River, Touching the appointing a Suitable place for the 
Erecting a New Meeting house, on that Side of the River in Sudbury, 
& the Method of maintaining the IMinisters in the S'^ Town. 

Ordered, That there be a New Meeting house Erected built and 

finished, upon a place Assigned, by a former Committee of this Court, 
in December 1715, on the West Side of the River at a place Called 
Poplar Swamp Gutter, On the West Side of the S'^ Gutter and Hart 
pond, and that the old Meeting house be put into Good Repair, and 
both to be done at the Charge of the whole Town, and That the Minis- 
ters on both Sides the River, be maintained & Supported by a Town 
Tax. [^Passed June 9. 



[1st Sess.] Province Laws {Resolves, etc.). — 1721. 81 



CHAPTER 5. 

ORDER FOR CONFIRMING SWANZEY & BARRINGTONS AGREEM^ ABOUT 
TEACHERS & PASTORS LOTS. 

A PETITION of the Church & Town of Swanzey, and the church & ^^^®'^*^^f ^u 
Town of Barriugtou, Shewing that whereas, there are Certain Lands, council, xi., 

in the Said Towns, Called pastors & Teachers Lots, appropriated for ^3i 

Supporting & upholding, the publick Worship of God, The S'' Towns ^^^^^^ l^"^^'' 
& Churches of Swanzey and Barrington, (whicli were one Town) have Ante,'x>.mz, 
agreed upon a distribution, of S*^ Land for the Uses aforesaid, praying ^'^'^p- ■^^** 
that the S'' agreem' be allowed, and Confirmed by this Court, Which S** 
Agreement is as follows. Viz' Whereas the Church of Swanzey 

did at their meeting on the 2'' day of Febr^ 1720, Chuse and Impower 
us John Thomas, Richard, Harding, Joseph Butterworth, John Easta- 
brook, John Round, Robert Carr, & John Devotion, a Committee to 
act for and in behalf of the S*^ Church, to meet with a Committee of 
the Church of Barrington, relating to a division of the Lands Lying 
under the Denomination of Pastoi's and Teachers Lots, in Swanzey 
together with what Lands Lye under the same denomination in New 
Meadow Neck in Barrington, and the Church of Barrington did also 
at their meeting Febr^ 1" 1720/1 Chuse and Empower us Sam" Hum- 
phrey Josiah Torrey, & James Adams a Committee for and in behalf 
of the Church of Barrington, to meet with a Committee of the Church 
of Swanzey, to act in the Division aforesaid. 

Wee the Committee being met together the Twenty Fourth of May 
1721, and being fully Impowered respectively to make a Division, of 
all Such Lands Lying under the Denomination of Pastors &, Teachers 
Lots aforesaid. Do by these Presents fully and absolutely agree and 
Consent, to the division hereafter mentioned, and that Each of the S*^ 
Churches, shall Freely Quietly and peaceably Enjoy all the Lauds above 
mentioned. Each Church, their proportion respectively as is hereafter 
mentioned. Viz' 

That the Church of Swanzey have three fifths of all Such Lands 
Lying under the denomination of Pastors & Teachers Lots aforesaid, 
and that the Church of Barrington have two fifths of Such Lands ; and 
it is further agreed, That the Lot now in the possession of Richard 
Harding together with the Lott adjoyning to John Thurbar be and 
Remain for Ever to the Use and benefit of the Church of Swanzey, 
under the Care of Elder Ephraim Wheaton, for the Supporting & main- 
taining, the publick Worship of God there, tis' to be understood that 
the Lotts abovesaid, be a part of the Three Fifths, abovesaid 

And it is further agreed that the Church of Barrington, shall have all 
the Lands L3nng, under the denomination of Pastors & Teachers Lots, 
In New Meadow Neck in Barrington aforesaid to be and remain for- 
ever, to the use and Benefit of the Church at Barrington, now under 
the care of Elder Samuel Torrey, for the Supporting and maintain- 
ing the publick Worship of God, there, & What Said Lands in New 
Meadow Neck, want of Being thier proportionable part, with the Church 
of Swanzey, Respecting the Two Lots abovesaid, shall be made up both 
In Quantity and Quality, In any of the remaining Lots, Lying under 
the denomination of Pastors and Teachers Lots within the Town of 
Swanzey, by a Committee which Shall be Chosen for that End by Each 
Church, and the remaining part of Said Lands, to be divided by Said 
Committee to Each Church according to the proportion aforesaid. Re- 
specting the Quantity and Quality of Said Land, And, Wee do further 
Covenant and agree, to and with Each other, for our Selves and in 



82 



Province Laws ( Resolves ,etc.). — 1721. [ Chaps . (5 , 7 . ] 



behalf of the Churches which wee do represent, That wee will unite, 
together, to take all Law full Means & ways to prosecute, the premises 
abovesaid, with all Convenient Speed for the Finall Settlement, of the 
abovesaid agreement. 

In Witness whei*eof wee the Committees abovesaid have hereunto 
Set our hands, the Twenty Fourth day of May 1721 
Samuel Humphrey ~) Committee for John Round 



josiah torrey 
James Adams 



y^ Town of 
Barrington 



Robert Carr 
Jn° Devotion 
John Thomas 
Rich" Harding 

Jos : BUTTERWORTH 

Jn** EastaBrook 



Committee 

for y^ 
Church of 
Swauzey 



Read and 

Ordered, That this agreement, be accepted & Confirmed. 
June 9. 



\^Passed 



CHAPTER 6. 



ORDER ON MARY SERGEANTS PETITION IMPOWERING HER TO SELL 

LAND. 



Legislative 
Records of the 
Council, xi., 
146. 

House Jour- 
nal, p. 12. 



A PETITION of Mary Sergeant Relict Widow of Thomas Sergeant, 
Late of Amesbury in the County of Essex, dec'' Intestate and adminis- 
tratrix of his Estate Shewing that her S'' Husband, Mortgaged, about 
Forty Five Acres of Land unto the Commissioners of the £100,000 for 
the County of Essex, Sometime before his death. That Soon after he 
agreed, with his Brother John Sergeant for the Sale of Eighteen Acres 
of the S'' Land, for one hundred pounds, the Sum for which the Whole 
was mortgaged but did not perfect the Said Sale, before his death, which 
happened Soon after, and therefore pra3'ing that the S'^ petitioner, may 
be Enabled to Compleat, the Bargain for the S'^ Land, and Execute Good 
&, Sufficient Deeds in the Law for the Same, by an Act of this Court, 
In the House of Representatives Read and 

Ordered, That the prayer of the petition be Granted and that 

the petitioner be allowed, to bring in a Bill accordingly 

In Council read & Concurred 

Provided, Nevertheless, the Laud be Still Subject to the Mortgage, 
made to the Commissioners of the hundred Thousand pounds 

In the House of Representatives Read & Concurred. [^Passed June 9. 



CHAPTER 7 



VOTE ANNEXING TO LITTLETON SUNDRY INHABITANTS OF THE TOWNS 
OF CONCORD & CHELMSFORD IN REGARD TO SUPPORT OF THE MIN- 
ISTRY. 



Legislative 
Itecorrts of the 
Council, xi., 
147. 

House .Jour- 
nal, i». 12. 



A PETITION of Benj'' Robbins, and Sundry other Inhabitants, of the 
Town of Concord and Chelmsford, Shewing, that, the}' are Scituate, at 
a Considerable distance, from the Respective Meeting Houses of the 
Towns to which they belong, by reason of which and the badness of 
the Roads, and AVeather, at Sometimes in the Year, they are obliged 
to be absent from the publick Worship of (rod in the S'^ Towns, and 
unable to attend other dutys & Services in the S'' Towns, without 
Great difficulty, and therefore praying that this Court would please 



[1st Sess.] Province Laws {Resolves, etc.). — 1721. 83 

to Sett them their Families and Estates off from the S*^ Towns, «fe 
place them to the Town of Littleton, to have & Enjoy, Such prive- 
ledges & Immunities, as other Inhabitants have & Enjoy. 

Read, and the Question, being put whither, the petition be Granted, 
It passed in the Negative, But Inasmuch as the Representatives of 
the Towns of Concord & Chelmsford, desire that they may be Sett off 
to the Town of Littleton So far as to pay the Charges, of the Ministry 
in Littleton, till this Court shall order otherwise. 

Voted that the petitioners be dismiss** from the Charges of the Min- 
istry in Concord & Chelmsford, they paying their proportion of that 
Charge to the Town of Littleton, and that the Assessors of Littleton 
be Impowered to assess them Accordingly. \_Passed June 10. 



CHAPTER 8. 

VOTE RESPECTING KITTERY PORT; BREAST WORK FOR SIX GUNS TO 
BE ERECTED AT KITTERY. 

Whereas King Charles, the First, on the First day of April, in the Legislative 
Fifteenth Year of his reign, did Give Grant & Confirm, to S'' Ferdinando c^Jincn^ xl"'^ 
Gorges his.heirs & assigns, all that part purpart &, portion of the Main IqO- 
Land of New England, beginning at the Entrance of Piscataqua Har- House Jour- 
bour, and So to pass up the Same, into the River, of Newichawonnock, province 
& through the Same unto the Furthest Head thereof, and from thence Laws, ix., 3S9, 

chiip 7 

Northwest ward, untill one hundred & Twenty miles, be finished &c', 
to have & to hold the S** Tract of Land, & premises, with all «fe Singu- 
lar the Rights Members & appurtenances unto the S** Ferdinando Gorge 
his heirs & Assigns, to his and their proper use, &. Behoof for ever 

That Sometime after the Governour & Company' of the late Colony 
of the Massachusets Ba}', purchased the aforesaid Tract of Land, and 
appurtenances, which are the Rights & members thereof, of the Assigns 
of the S** Sir Ferdinando Gorges and Bona Fide, paid upwards of Two 
Thousand pounds, for the purchase Consideration, And the aforesaid 
Tract of Land, with all and Singular, the rights & appurtenances thereto, 
belonging were Confirmed, to the Inhabitants of this Province, in the 
Grant of the Royall Charter, by King William, & Queen Mary, of Blessed 
Memory, & Incorporated with the Lands of the Massachusets Bay & 
other Tracts, & put under the Governm' thereof. Notwithstanding 

which the Naval officer of the Government of New Hampshire Exacts 
and takes from the Inhabitants of this Province, unjust Duties «& Im- 
positions for passing in their own Vessells, In and through that Side of 
the River, though they neither take in nor put out any Sort of Goods 
Wares or Merchandize within that Government, their Buisiness, being 
chiefly to go to the Saw Mills, to load the produce of the Province, and 
Transport it to Boston, and Elsewhere 

Voted That the right of the Province in and to the River Commonly 
Called Piscataqua River, be asserted and maintained to avoid the Un- 
just, Demands of the Navall oflScer of the Government of New Hamp- 
shire, and in Order to effect the Same, 

Resolved.^ That a Breast AVork for Six Guns, be Erected in Some 

Convenient place, in the Town of Kittery, for the defence of the River 
That Six Guns with Carriages Powder & Shot, be Ordered to the Town 
of Kittery, and That all. Ships & other Vessells that Load or unload, 
at the Port of Kittery, be obliged to Enter and Clear, with the Navall 
officer there, and, pay the duties of Impost and powder Mone3% accord- 
ing to Law, That all Harbours in Kittery and Berwick shall belong to 
the port of Kittery. \_Passed Jane 14: 



84: 



Province Laws {Resolves, etc. ) . — 1721. [Chaps .9,10.] 



Licprislative 
Records of the 
Council, xi., 
152. 

House Jour- 
nal, p. 18. 
Ante, p. 59, 
chap. 130. 



CHAP TEE 9. 

VOTE RESPECTING SOLDIERS TO BE POSTED ON Y^ FRONTIERS. 

Voted^ That only Fifty able Soldiers, be forthwith Enlisted and 
Employed with one Suitable officer, to Command on the Frontiers, be- 
tween Penobscot River, & Winneposocket Pond, or Merrimeck River, 
that part of them, be constantly Scouting Hunting, and discovering 
The Rivers ponds. Carrying places & Hunting Grounds, between the 
aforesaid Rivers, Taking account of the nature & Quality of the Land, 
Keeping Journals of their proceedings, and the Said men, be allowed 
Extrodinary Wages for their Encouragem*, Provided they Send Jour- 
nals, as aforesaid to the Secretarys office, and That ten men more be 
Employed, for the purposes aforesaid, between Merrimeck River & 
Connecticut River and to the West ward thereof, and that after one 
Years Service, any or all the men, aforesaid be Exchanged (if they so 
desire) for others as Capable men, for the P2nds aforesaid. So that the 
Province may have Good Pilots, and Guides in Case of a Warr, or as 
Occasion requires, and that when the aforesaid Soldiers are Enlisted, 
The hundred men detached last Year be forthwith dismiss''. \_Passed 
June 15. 



CHAPTEK 10 



Ijegislatlve 
Records of the 
Council, xl., 
162, 155. 

House Jour- 
nal, pp. 22, 23. 



ORDER ON RICH" KENTS PETITION COMPLAINING OF A JUDGMENT. 

A PETITION of Richard Kent of Newbury Esq' Shewing that at a 
Court of Quarter Sessions of the peace held At Newbury, In Septem- 
ber last, he preferred, a Complaint, Sett° forth, that being possessed 
in Fee of a house, & Land near a place Called Watts Cellar in NeM^- 
bury, which he had Quietly Enjoyed for Some Considerable time, and 
Improved and fenced in the Land without any disturbance, but that on 
or about the 17* of Sepf, Jonathan Greely, Elias Pyke and Anthony 
Downer, under pretence of a Warr' Granted by Henry Sommersby Esq"" 
did come to the petitioners house, & pull Down the Garden Fence, and 
did Spoil and wast the S'' Garden to the Gr' Damage of the petitioner, 
that the S'^ Court Continued the Consideration, of his S'' Complaint, to 
Dec" Following That the petitioner Supposing that the Court would act 
no further on his Complaint, Title of Land being concerned in the Con- 
troversy, did bring his Writt of Trespass, upon the case against the 
S'* Jonathan Greely, Elias Pyke, and Anthony Downer for Illegally 
pulling Down, and Carrying away his Garden fence, to be tried in 
December last ; but it being alledged that the petitioners Complaint, 
afore mentioned was under Consideration of the Court of General Ses- 
sions, at the Same time Holden, The Court would not proceed, to tryall 
of his Action, untill his Complaint be withdrawn, upon the withdraw- 
ing of which his Said Action was Continued, to the Next Iiiferiour Court 
of Common pleas ; when the petitioner recovered Judgment against the 
Defendant for £6. 11/ being the Damage Sued for and Costs; from 
which Judgment the Defendants, appealed to the Next Superiour Court, 
held at Ipswich, In tlie County of Essex in IMay last, when and where 
the Writt was Barred upon the pleas Reserved at the Inferiour Court, 
and the Judgment of the Said Court reversed, and the Appellants re- 
covered Costs against the petitioner ; and for asmuch as he concieves 
himself, Greatly Injured in his Rights, and is without Remedy in the 
Law, Humbly praying that the Judges of the Superiour Court may be 



[1st Sess.] Province Laws (Hesolves, etc.). — 1721. 85 

Impowered, to proceed to a Tryall of his S*^ Action De Novo, (upon 
his Making a New Entry) by a Jury as if no pleas in bar had ever 
been made or that he may have such other relief, in the Premises, As 
to their Wisdom aud Justice shall see meet. In Council Read & 

Ordered 

That a hearing be had on this petition on Wednesday, the Twenty 
first Instant and that the petitioner serve the adverse party, with a 
Copy thereof. 

In the House of Represeutatives Read and Concurred with the Fol- 
lowing amendment. Viz' that the hearing, be deferred to the Second 
Wednesday, of the Next fall Session. 

In Council read & Concurred. ]_Passed June 16. 



CHAPTER 11. 

ORDER ON BRIMFIELD PETITION FOR ADDITIONAL GRANT OF LAND. 

A PETITION of the Inhabitants of Brimfield Shewing that In, running. Legislative 
the Late dividing Line, between this Province and the Colony of Con- councif, xl*^^ 
necticut, it Hath Cut off from the Said Town of Brimfield, Whereby it ^^c- 
is very much Strait'ned & Incommoded, that they have formerly petl- Mass. 
tioned, for an Equivalent, of Land, on the Easterly Bounds of the S'^ ("^xiv" 59^61,1 63. 
Plantation, which hath not been Granted, by Reason of some obstruc- {^^^**'^*"'f j, 
tions respecting Maj' General Winthrops Farms and praying that an council, ix., 
additionall Grant of three Miles or more on the East part of the S'' Jo^^',^n!^■] p.'°23^^ 
Plantation, according to a plat, herewith Exhibited may be allowed, by ProviTice 
this Court for Encouragement of the S*^ plantation. Read & (■ir;ip!'23^362, * 

Ordered That Brimfield be Extended, three Miles more Eastward, ^r-''i^-f.?J*ffi 

• • 1 1 n /-J? /-( cliap. 128; 554, 

accordmg to the projection, in the plat & return or a former Com- chap. y2. 
mittee, under, their hands. Saving always to the Heirs of the Honb''' 
AVait Winthrop Esq"" Dec'', & M'' John Eliot dec'', their rights laid out, 
within Said Tract, or any other Former Grant, that has been made and 
Surveyed, in this additionall Grant to the Town of Brinfield. \_Passed 
June 16. 



CHAPTER 12. 

VOTE ALLOWING THE TREASURER OF THE COUNTY OF YORKE HIS 

ACCOMPT. 

An Acco^ of Abraham Prebble Treasurer of y" County of York, be- Legislative 
ginning April 6"' 1720, and Ending April 4"' 1721, being presented to oouncif x*i "^^ 
the Court, of General Sessions of the peace for the S'' County & by i56. 

them allowed. House Jour. 

Read and nai,p.23. 

Ordered^ That the S'' acconipt be allowed. [Pu.s.sefZ June 16. 

' This page of the Archives has been pasted into the book wrongly; p. 62 should be 61, 
and vice versa. 



86 Province Laavs {Resolves, etc.). — 1721. [Chaps. 13-15.] 

CHAPTER 13. 



Legislative 
Records of the 
Council, xi., 
156. 

House Jour- 
nal, p, 25. 



RESOLVE ALLOWING £6 TO JOHN BILLINGS FOR KEEPING AN INDIAN. 

A PETITION of John Billing of Dorchester, shewing that he has now 
under his care an old Indian named Thorn' Oncuuganock, who labours 
under Great Infirmities and the Loss of his Eye Sight, having continued 
blind for above Seven Years past, Whereby he is Utterly disabled from 
Supporting himself. That the petitioner (tho no ways obliged to it) has 
taken care of the Said Indian for Seyeral Years, «fe Every Year recieved 
a Small Sum of money, out of the publick Treasury, Towards his Sup- 
port and therefore praying that this Court, would please to order Some- 
thing for the S*^ Indians relief, or discharge the petitioner from any 
Further Care of him, 

[Read and] 

Resolved., That the Sum of Six pounds, be allowed and paid out of 
the publick Treasury, to Cap' John Billing, for keeping the S'' Indian, 
Wocuncanug, the Year past. \^Passed June 16. 



Legislative 
Records of the 
Council, xi., 
157. 

Legislative 
Records of the 
Council, xi., 
133, 135. House 
Journal, p. 21. 



CHAPTER 14. 

ORDER FOR PUTT" £30,000 BILLS OF CREDIT INTO THE TREASURERS 

HANDS. 

Ordered, That the Thirty Thousand pounds, already finished (as by 
advice of the Committee) being part of the Fifty Thousand pounds. 
Ordered to be Emitted, by the General Court at their last Sessions 
shall be Lodged, in the Hands of the Province Treasurer, uutill the 
Whole be finished. [Passed June 16. 



Legislative 
Records of the 
Council, xi., 
157. 

House Jour- 
nal, p. 25. 



CHAPTER 15. 

ORDER FOR A PENSION TO JN" TAPPIN. 

A PETITION of John Tappin of Salisbury Shewing that in the Year 
167o, being a Soldier in the Service of this Province, against the 
Indians, he recieved a very Grievous Wound, by which he has been 
P^ver Since, much disabled from Labour, being deprived of the Use 
of his right arm, and being now advanced in years, he is utterly un- 
capable of Working, for a Livelihood, and therefore praying the Com- 
passion of this Court, That a pension may be allowed him out of the 
Treasui-y for Life. Read & 

Ordered That Five pounds p"' annum, be allowed, and paid out of the 
publick Treasuiy, to John Toppin, during his Natural Life. \_Passed 
June 16. 



[1st Sess.] Puovince Laws {Resolves, etc.). — 1721. 87 



CHAPTEK 16. 

RESOLVE ANNEXING LANDS NEAR OXFORD &c'^ TO THE COUNTY OF 

SUFFOLK. 

William Dudley Esq" hav- Informed, the house, That he had Sold ^^fi^^Kf the 
the Ten Thous'* Acres of Land Lying, between the Towns of Oxford Council, xi., 

Lancaster ' and Brinfield, by order of this Court, but Could not Give ^— 

a title to th'" because the Land was not Laid out, to any County Border- ^*jf,"^f i^^^' 

ing on it, Pidyince 

Resolved^ That the S'^ Ten Thousand Acres of Land Lying between ciiapf'si^'' ^^^' 
the S'' Towns, be annexed to and accounted as part of the County of 
iSuffolk from this time. \_Passed June 16. 



CHAPTER 17. 

ORDER FOR CONTINUE JOSEPH AYRES PETITION AS TO AN APPEAL. 

A PETITION of Joseph Ayres, of Brookfield in the County of Hamp- Legislative 
shire, praying that he, may be allowed to bring in a Bill to Enable him, coumm.xi.f^*' 
to file his Complaint, against Henry Gilbert, of S*^ Town, at the Next ^^^^ i-^"- 
Superiour Court, of Judicature for the Said County, for his not prose- House Jour- 
cuting his appeal, The petition"" having neglected to file his S'^ Com- '^^ • ^- " • 
plaint, at the last Court, through his Ignorance of the Law, In that 
Case. 

Read, and Continued, to the Next Session. \_Passed June 17. 



CHAPTER 18. 

RESOLVE ON LANCASTER PETITION FOR CONFIRMATION OF NEW LAND 

GRANT. 

A Petition of the Inhabitants of Lancaster, and, Proprietors of ^ford^of the 
Lands purchased of George Tohanto an Indian Saggamore Ac" Shew- Council, xi., 

ing, that whereas the General Court, did in the Year 1713, make a i^?i- — 

Grant and Confirmation of the Said Lands to them as it was Set forth Rieordf of the 
and described, in the Report of a Committee, Sent by the Court, to Council, vii., 

A S33 House 

View and Lay out the Same That in the Year 1720, A Vote was pass'* journal, p. 22. 
for altering the Bounds of the Said Land, In which Vote it is Asserted, LaAvs^vfi 35'; 
That the people of Lancaster, did not fairly and Truely, represent their ciiapV47. ' 
Bounds and the Lines of their old Township, They are ready to prove chap! 4?;" p. 45, 
by the affidavits, of Two of the Said Committee (which consisted but chap. as. 
of three persons) That their Lines were truely and faithfully run, and 
therefore praying that this Court would Confirm to them. The 

Grant of the S'^ Land as made in the Year 1713. 

[In answer to this petition the following action was taken] 
Whereas this Great a-nd General Court, did at a Session held at Bos- 
ton, the 27"' of may 1713, pursuant to a Report of Cp' Jonathan Pres- 
cott, Mess'^ Samuel Jones, & John Farnsworth a Committee appointed 
by them. Order, that a Certain Tract of Land, Should be added and 
Confirmed, To The Town of Lancaster, as part of That Township, not 
prejudicing, any former Grants 

* Queere, if this should not be Leicester ? See Province Laws, i.\., 681, chap. 81. 



88 



Province Laws (Hesolves, etc.). — 1721. [Chaps. 19, 20.] 



The aforesaid, Tract of Land beginning at the Northwest Corner of 
the proper bounds of Lancaster plantation (Then so CalP) and from 
thence to run a Line, upon a Northwest point, or near thereabouts, 
along the Southwest Sides, of Mashapaug, & Uucachewalunk ponds 
Extending Said Line three miles, and from thence a Line running near 
upon a Southwest point. Crossing a River Called the North River, and 
So ranging along over Hills Called Monosuck Hills, Said Lines being 
about Six miles in Length till it meets, with the middle Branch, of 
Lancaster River at or near a Little Hill, where is a Tree mark** by the 
Indians for a corner of the S'' Land, being near Five miles wide at the 
Southward and bounded partly by the River & partly by Cp' Daven- 
ports Farm to the Southwest Corner of Lancaster old Bounds, and 
whereas two of that Committee, have been lately upon the afoi'esaid 
Tract of Land, & viewed the same, and do declare upon oath, that they 
are no ways apprehensive, that they were decieved, or Imposed upon 
by Lancaster men, or misled in that matter, and they marked a Tree, 
upon the Westerly Side of S'' pond, upon the Brink thereof, as a mark 
to the S*^ Lands, and that it was their True Intention that The Land 
at that End, should be three miles in Weadth, whither it fell short, or 
come beyond Said mark. It no ways appearing that that report, was 
Grounded on Misrepresentation, of the Inhabitants, or proprietors of 
Lancaster, but on the contrary, that they fairly, shewed, the Committee, 
The Bounds and Lines, of their old Township ; 

Resolved, That that Tract of Land, which was confirmed, to the 
Town of Lancaster, by this Court Anno 1713 and described, in the 
return, Signed by the aforesaid Jonath" Prescott, Samuel Jones & 
John Farnsworth, be and Remain to the Proprietors of Lancaster, 
and their Assigns forever, by Virtue of the afoi'esaid Grant, any 
former Act or Resolve, of this Court to the Contrary notwithstand- 
ing. [Passed June 17. 



CHAPTEE 19. 



VOTE ALLOWING THE COUNTY TREASURER OF BARNSTABLE HIS ACCO^. 



Legislative 
Records of tlie 
Council, xi., 
160^ 

House Jour- 
nal, p. 27. 



An Accompt of Ebenezer Lewis ^ Treasurer of the County of Barn- 
stable, from August 1720, to April 1721 having been laid before the 
Court, of General Sessions of the peace, for the S'' County, & by them 
Accepted, & allowed. 

Read and 

Resolved, That the Said accompt be allowed. \^Passed June 19. 



CHAPTER 20. 



Legislative 
Records of the 
Council, xi., 
16L 

House .Jour- 
nal, J). '21. 
Province 
Laws, ii., 219; 
ix., 609, cha)). 
55; 674, chap. 
58. 



RESOLVE FOR A TAX OF £6,000 ONLY. 

Resolved, That the Sum of Six Thousand pounds only shall be 
Levied, upon Polls & Estates this Year, which with the Sum of Ten 
Thousand Two hundred, & Fifty pounds, by the duties of Impost & 
Tunnage of Shipping, & Excise together, with the Income of the Bills, 
let out and the Light house, will make the Sum of Sixteen thousand two 
hundred, & Fifty pounds, pursuant to the funds, and Grants, made iu 
the Years 1718 & 1719. [Passed June 20. 

» The House Journal reads "Mr. Jolin Otis." 



[1st Sess.] Province Laws (Resolves^ etc.'). — 1721. 89 

CHAPTER 21. 

RESOLVE ALLOWING £57. 10 TO JOSIAH WILLARD. 

An Accompt presented by Josiah Willard Secry of this Province, Legislative 
of Copying the Records of the Generall Assembly, by Order of the councu" xi.f'^ 

Court, Viz' from the Beginning of the Session held April 18"" 1689, ^^ 

to the End of the Session held Nov"" 3*^ 1694, and from the beginning House Jour- 
of the Session held Febr^ 1^' 1709, to June 15* 1713, Amo' to the Sum Z'ie^'p^^sg 
of £57. 10/. chap! 81. 

[Read and] 

Resolo'^ that the Sum of Fifty Seven pounds & ten Shillings, be 
allowed & paid out of the publick Treasury, unto M'' Josiah Willard 
Secretary, for the Service above. {^Passed June 21. 



CHAPTER 22. "S^^ 

Council, xi., 
162. Mass. 
VOTE APPOINTING A FAST. Archives, xi., 

402, 403. 



Voted. That Thursday the Thirteenth of July next be appointed as Mass; 

»/ A i. '\rcniVGS "vi 

a day of Publick Fasting and prayer to Allmighty God on Occasion 402,403. iegls- 
of the Judgement that has in his providence brought on this Land by of^^fg council 
Sending the Small pox among us And that his Excellency be desired xi., \m. Exec-' 
to Issue out a Proclamation Accordingly. \_Passed* June 21. of Yiie Council, 

vii., 282. 
House .Jour- 

nal, p. 32. 

Sewall's 
Diary, iii., 290. 

CHAPTER 23. 

ORDER ON THE PETITION OF SAMUEL COMESTOCK FOR A SURVEY OP 

MENDON. 

A PETITION of John Foster in behalf of Samuel, Comestock, and ^'^f'^l^**^^ 
others. Shewing that the Generall Assembly did at their Session held council, xi., 

Nov"" 4"' 1719, Vote that it was reasonable, that the Nine hundred M: 

Acres of Land mentioned, in their petition, or so much, thereof, as House Jour- 
was in the Year 1707, laid out within this Province, to Satisfy in part Province 
a Grant of one Thousand acres made to the petitioners by the Town ^fap!'io6.'' ^^^' 
of Providence be confirmed to them ; Provided the Nine hundred acres, 
were laid out in an un[apJpropriated Land, But if it appear to be within, 
the Township of Mendon, that then the petitioners have liberty to lay 
out that Quantity of Land, in Some Free place. Unless the Town of 
Mendon will confirm to the petitioners, the Said Lands, That then . . 

Mendon have an Equivalent, therefor. That the Tow'n of Mendon re- 
fuses to comply with the Said Vote, or any part thereof, and therefore 
praying th' this Court, would appoint a Surveyor, to measure the Said 
Town of Mendon, according to their Originall Grant, That the peti- 
tioners may know Whither, the Land laid out to them, Lye within the 
said Township of mendon or not, 

Read, & 

Ordered.^ That the prayer of this petition be Granted, provided, the 
petitioner, or those, whom he petitioned for be at the Charge, of paying 
the Surveyour, & Chain Men. [Passed June 21. 



90 



Province Laws {Resolves, etc.). — 1721. [Chaps. 24-2().] 



CHAPTER 24. 



liegislative 
Records of the 
Council, xi., 
164. 

House Jour- 
nal, p. 38. 



RESOLVE DISCHARGING M"* TREASURER ALLEN ON HIS GENERAL 

ACCOMPT. 

The Accompts of Jeremiah Allen Esq'' Treasurer and Reciever Gen- 
erall, of the Province of the Massachusets Bay in New England, begin- 
ning the thirty fii^st of May 1720, and continued, to the Thirty first of 
May 1721, Amount" to the Sum of Forty Five thousand Five hundred 
pounds, Ten Shillings and one penny, having been presented and laid 
before the house of Representatives, & Inspected by Said house, by 
which it appears thei'e was Standing out, the thirty first of May 1720 
Two Thousand, Seven hundred. Seventy Seven pounds Fourteen Shil- 
lings & Nine pence, of the Taxes, Sixteen Thousand Four hundred, 
Ninety nine pounds, Nineteen Shillings & nine pence, Neet Province 
bills, and. Three Thousand one hundred, and Sixty pounds thirteen 
Shillings & Ten pence with the Five p'' cent advance thereon in the 
Treasury and further to be accompted for. 
In the House of Representatives, 

Resolved 

That M' Treasurer Allen be and hereby is discharged of the Sum of 
Twenty three Thousand & Sixty two pounds, one Shilling & nine pence, 
As is Contained in the Several Articles of Reciepts &, payments amount- 
ing to the above Said Sum, although the House have Voted the drawing 
upon the Treasury, for payment of Several, of those Articles, a Griev- 
ance, as not pi'oper, to be paid out of the publick Treasury, In Coun- 
cil read, & Concurred as to the discharge of the Treasurer. [^Passed 
June 22. 



Legislative 
Records of the 
Couucil, xi., 
165. 

Legislative 
Records of the 
Council, xi., 
116, 117, 129, 130 
bis, 13-2, 13.S, 134. 
House Jour- 
nal, pp. 6, 7, 8, 
23, 24, 2.5, 27, 30 
ter (Mar(!h, 
1720) ; p. 39. 



CHAPTER 25. 

ORDER OF THE COURT FOR SECURING THE LOGS CUT IN THE PROY : 

OF MAIN. 

Whereas Information has been Given, that Some persons have pre- 
sumed to cut a Considerable number of Trees into Logs to a Great 
Value in the late Province of Main (now part of this Province) above 
the Town of Berwick in the County of York 

Ordered, That the Representatives of the Towns of York «fe 

Kittery, Wells, & Berwick, or any three of them be a committee to 
Secure & if Necessary to dispose of the Said Logs, to the best ad- 
vantage, and Lay an Acco' of their proceedings before this Court at 
their Next Session, for their further order and also to prosecute in 
the Law, all Such as have Illegally cut down any of the Said trees. 
\_Passed June 23. 



CHAPTER 26. 

ORDER APPOINTING A COMMITTEE OF BOTH HOUSES FOR BURNING 

DEFACED BILLS. 



Legislative 
Records of the 
Council, xi., 
167. 



In the House of Representatives, 
Ordered, That the Ilonb'^' the Speaker, Elisha Cook Escf M^ W" 

Clark & M"" Ebenezer Austin, with Such others as the Honb'" Board, 



■[1st Sess.] Provixce IjPlWB (Resolves, etc.). — 1721. 91 

shall nominate, be a Committee to take an acco' of all the defaced "a']"?,® ^'^'"' 
Bills, & Bills unfit for use, Lying in the Treasury of the Number of 
Each sort of the Bills and of the whole Sum of them to (iive the 
Treasurer a Reciept for them, and to burn the Said Bills to Ashes, 
and to make report of their doings to this Court at their Next Ses- 
sion, In Council read, and Concurred 

And, That, Peun Townsend, P^dward Bromfield and Addingtou 
Davenport Esq", be Joined in the affair. [^Passed June 23. 



CHAPTER 27. 

ORDER RESPECTING THE LANDS NEAR LANCASTER. 

AVherkas by the Resolve of this Court, relating to some Lands, for- Legislative 
merly belonging to the Town of Lancaster, but Since taken into the comidf.xi., ' 
New Township, at Turkey Hills, Lying on the West Side of Groton, ^ 



and now ordered to belong, to the Proprietors of Lancaster many per- House Jour- 
sons, that drew their Lots, in the New Town, and paid their money provim-e' 
therefor, will be Great Sufferers, for that they will fall within the tract ^falj'^'i'ia' ^'^' 
of Land, now Settled upon Lancaster, unless this Court make some Ante, p. s;, 
Reparation. *^^'^i'- "• 

Ordered, That the former Committee that laid out the New 

Town be Impowered, to lay out an Equivalent to those persons whose 
lot fell, within that tract of Land now Vested in the Proprietors of 
Lancaster, and. Report, their doing to this Court at their Next Ses- 
sion. \_Passed June 23. 



CHAPTER 28. 

RESOLVE ALLOWING £282. 18 TO EBENEZER CLOUGH. Legislative 

Records of the 
Council, xi., 

Resolved les. 



That the Sum of Two hundred & Eighty Two pounds Eighteen Shil- House Jour- 
lings, be allowed and, paid out of the publick Treasury, to M Tho' ^niF,'^.'si, 
Cushing & M"" Ebenez'' Clough, for repairing the Hospitall.^ [^Passed chap. «5. 
J^une 23. 



CHAPTER 29. 

ORDER RESPECTING DORCHESTER PROPRIETORS. 

Tn 001111011 Legislative 

lu ^^ountii Records of the 

Ordered., That John Cushing John Burrill, & Jon* Remington Esq", Couiuii, xi., 

with Such others as the Honb'^ House of Representatives shall appoint ** ' ^^'^' _ 

be a Committee, in the recess of this Court, to repair to Dorchester, in Records^of the 
some Convenient time, in Order to Enquire into, the Grounds & Reasons, Couucii, xi., 
of the present Difference, & Contention of the Proprietors of Dorchester jouma?,"p.^38. 
Touching the Divisions of the Propriety Lands, and to hear the Several 
Claims, Rights & pretensions, of the proprietors and to report the State 
of their affairs to this Court, at their next Session, That vSo Some Suit- 
able Remedy may be provided by order of this Court, for restoring Peace 

• On Spectacle J^sland. 



92 



Province Laws {Resolves, etc.). — 1721. [Chaps. 30-32.} 



among them, & preventing, any contentions or Law Suits for the future 
if it may be, and, for the Ease of the Committee, and Expediting their 
Inquiry &, report. It is 

Ordered, That the Two Contend^ parties do chuse from out of their 
Number, three or Four: persons, respectively to attend the committee, 
with their Complaints Petitions rights or Titles &c* and all Records, 
papers and Evidences, relating thereunto. Unless in the meantime, the 
parties should agree, and all Actions or Suits between the Said proprie- 
tors, shall Cease or be Continued, untill the Report of the Said Com- 
mittee, and Order of this Court, thereupon. The Charges of The Said 
Committee, to be born, as this Court shall direct. 

In the House of Representatives Read & Concurred Provided, Neither 
of the contending parties shall in the mean time, carry off any of the 
Oar, from the Beds Lying in the New Grants, or make any Alienations 
there or wast of Timber thereon, and. That M"" Stone M' Adams, & 
M'' Torrey be added to the Committee, In Council read & Concurred^ 
[^Passed June 23. 



CHAPTEE 30 



Legislative 
Records of the 
Council, xi., 
170. 

House Jour- 
nal, p. 13. 



VOTE ALLOWING THE COUNTY TREASURE [R] OF PLIMOUTH HIS ACCOT. 

An Accompt of John Dyer Treasuer of the County of Plimouth, 
from March 29"^ 1719, 20, to March 9"' 1720/1, having been presented 
to the Court of Generall Sessions of the peace for the Said County & 
by them accepted & approved of. 

Read and 

Ordered, That this Accompt be allowed. \_Passed June 24. 



CHAPTEE 31. 



VOTE ALLOWING THE COUNTY TREASURER OF HAMPSHIRE HIS ACCO^. 



Legislative 
Records of the 
Council, xi., 
170. 

House Jour- 
nal, p. 13. 



An Accompt of Joseph Hawley Treasurer of the County of Hamp- 
shire for the Year 1720 having been presented to the Court of General 
Sessions of the peace for the Said County, & by them accepted, «& ap- 
proved of. Read, and 

Ordered, that this Accompt be allowed. \_Passed June 24. 



CHAPTEE 32. 



VOTE ALLOWING THE CO: TREASURER OF BRISTOLL HIS ACCOT. 



Legislative 
Records of the 
Council, xi., 
170. 

House Jour- 
nal, p. 13. 



An Accompt of Nath^ Payne Esq"" Treasurer of the County of Bris- 
tol from April 1720 to April 1721 having been presented to the Court 
of General Sessions of the Peace for the Said County and, by them 
Accepted, & approved of. 

Read, and 

Ordered, That this accompt be allowed. \_Passed June 24. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1721. 



93 



CHAPTER 33. 



VOTE ESTABLISHING SCOUTING SOULDIERS PAY. Legislative 

Records of the 
Council, xi., 

On the Vote for Scouting Souldiers. ]}^ 

Resolved., House Jour- 

That the pay to be allowed the Souldiers shall be ten Shillings per ^ntel'\t}u, 
week. \_Passed June 24. chap', a. 



CHAPTER 34. 



RESOLVE ALLOWING £5 TO M«» CHRISTIAN NEWTON. 



Resolved., That the Sum of Five pounds be allowed, and paid ^ford^pf t^e 

out of the publick Treasury, to Madam Christian Newton in full of Council, xi., 
her husband, Thomas Newtons, Service, as attorney General the last ^'*^' 
Year. [Passed June 26. 



House Jour- 
nal, p. 43. 



CHAPTER 35. 

RESOLVE ALLOWING £3. 10 TO JOHN SAUNDERS. 

An Account of John Saunders for going Express by order of the Legislative 
House in March last, anio : to the Sum of £3. 10/. Counc!if xr*"^ 

[Read and] hl 

Resolved.) That the Sum of Three pounds & Ten shillings be allowed, House Jour- 
and paid out of the publick Treasury to M' John Saunders, to discharge (March); 
his Accompt. \^Passed June 27. p- *5. 



CHAPTER 36. 



RESOLVE ALLOWING £6. 10. 6 TO JOSEPH CHADBURNE. 



An Accompt of Joseph Chadburn for bringing a Letter to the Speaker Legislative 

of the House of Representatives, and attendance &, Charges in Boston councif, xi., ^ 
■ - - - - 171. 



in March last, amounting to the Sum of £6. 10. 6. 

[Read and] 

Resolved, That the Sum of Six pounds Ten shillings & Six pence, 
be allowed and paid out of the publick Treasury, to M' Joseph Chad- 
burne, to discharge his accompt. \_Passed June 27. 



House Jour- 
nal, p. 45. 



CHAPTER 37. 

VOTE RESPECTING THE EXCHANGE OF CONNECTICUT BILLS T^ ARE 
TORN AND DEFACED. 



Whereas there are Great Quantities, of the Bills of publick Credit, R®?^r|f*of t^e 
belonging to the Government of Connecticut in this Province, passing Council, xi., 
from Man to Man, which Bills are much defaced Torn and unservice- — 



94 



Province Laavs [Besolves, etc.). — 1721. [Chaps. 38, o9.] 



House Jour- 
nal, p. 45. 
Province 
Laws, ix.,650, 
chap. 3. 
Ante, p. 67, 
chap. 151. 



able, and no person appointed by that Government to Exchange them 
for other Bills, by reason whereof Great Damage & Loss, may accrue 
to the possessors of Such Bills, 

Resolved, That a pressing Letter be written to that Govern- 

ment, by the Secretary, in the Name of this Court, That Some meet, 
person be appointed within this Province, and that he be Impowered, 
& Enabled, to change all Such Torn Unserviceable, & defaced bills, 
and that the Government be advised hereof, by or before the Next 
Meeting of this Court and that Three hundred pounds of the Five 
hundred, Ordere<^ to the Honb"' Will'" Pitkin Esq-- of the Bills of Pub- 
lick Credit of this Province for Exchanging of Torn & defaced Bills, 
be Still remaining in his hands for the further Exchanging of our Said 
Bills, untill the Next Session of this Court, and That M'' Joseph Steb- 
bins Representative of Springfield, Recieve of M"^ Pitkin the remaining 
Sum of Two hundred, pounds, Giving his reciept therefor, & returning 
the same into the Province Treasury, and Further 

Resolved that M' Secretary Willard, be directed to renew his Appli- 
cations to the Governments of Connecticut, & Rhode-Island, for repay- 
ing the Sums advanced, for them by this Government according to the 
Resolve of this Court in March last. [_Passed June 27. 



CHAPTER 38. 



RESOLVE ALLOWING £3. 16. 6 TO JOS: MARION. 



Legislative 
Records of the 
Council, xi., 
173. 

House Jour- 
nal, p. 46. 



An Accompt presented by Joseph Marion of writing done for the 
Court the last Session, & this present Session, amo : to the Sum of 
£3. 16. 6. 

[Read and] 

Resolved., that the Sum of Three pounds Sixteen Shillings, & Six 
pence, be allowed & paid, out of the publick Treasury to M' Joseph 
Marion, to discharge his Accompt. \_Passed June 27. 



CHAPTER 39. 



VOTE ABOUT THE COMMISSIONERS OF EXCISE: FORM OF THE BOND 
OF THE COMMISSIONERS OF EXCISE. 



Legislative 
Records of the 
Council, xi., 
173. 

House Jour- 
nal, p. 44. 
Province 
Laws, ii., 2(W, 
chap. 1 ; 218. 



Whereas the Justices of the General Sessions of the peace are 
required to take bond, with Sufficient Security of the Commissioners 
of the Excise for the due payment of all the Sums of Money by them 
Collected to the Treasurer of the Province, Yet many of the Bonds, 
heretofore given have not been put into the hands & Custody of the 
Treasurer, which hath been a Loss to the Government. 

Resolved. 

That the Several Clerks of the Courts of General Sessions of the 
peace, within this Province, shall take effectual care to transmit, all 
Such bonds, to the Treasurer of the Province, within three months, at 
furthest from the date of Such Bonds, on penalty of Twenty pounds, 
to be paid by Each Clerk Failing of his duty therein, to be recovered 
by Bill Plaint or, Information, in any of his Majesties Courts of Rec- 
ord, One half of the Forfeiture, to be to the Use of the Government, 
the other half to the Informer, and, that the Act for Granting to his 



[IsT Sess.] Province Laws {Resolves, etc.). — 1721. 95 

Majesty, an Excise upon Liquors, &€" be read, at the opening of the 
Several Courts of General Sessions of the peace, within this Province, 

And further 

Besolved, That Joseph Hammond Esq^ the Clerk of the Court of 
General Sessions of the peace for the County of York Send down to 
M' Secretary Willard and acquaint him, whether M'' Joseph Curtiss 
late Commissioner of Excise for the County of York, Gave bond, as 
the Law directs, and if Bond was Given, that he transmitt the same 
to the Treasurer and if no bond was given, to render a reason why it 
was omitted. Further, 

Resolved, That the Form of the Bond, to be given by the Commis- 
sioners of each County be as follows. 

Know all Men by these presents, that We A B of in the County 

of & Commissioner of Excise for the S"^ County as principall & 

C D & E F of as Sureties acknowledge, our selves bound, & obliged 

in the full and Just Sum of to Jeremiah Allen Esq'' Treasurer of 

this Province of the Massachusets Bay, & to his Successours in the Said 
oliice, for the time being, for & on behalf of the Said Province ; which 
payment well & truely to be made to the Said Province Treasurer for 
the time. Wee bind ourselves our Heirs Executors and administrators. 
Jointly & Severally, Each and Every of them in the whole or for the 
Whole, fii'mly by these presents ; 

Sealed with our Seals, dated this 17 and in the Year of 

his Majesties riegn, The Condition of the above written obligation is 
Such, that whereas. The above Named, A B is appointed Commissioner 
of Excise for Said County and is by the law of this Province, Entituled 
an Act for Granting unto his Majesty an Excise upon all Wines Liquors, 
and other Strong drink. Sold by Retail, made Anno 1721, directed to 
Accompt with, and pay into the Province Treasury, all Such Sums of 
Money recieved of the Inholders & retailers of Such Strong Drink, as 
per the Act doth fully appear. Now if the Said A B, shall and do well 
and Truely in all Respects & regards f uUfill and perform his duty as 
he is required, by Said act, Then the above Written Obligation to be 
Void & of none effect. Else to abide & remain in full force Strength 
and. Virtue. [Passed Jane 27. 



CHAPTER 40. 

VOTE FOR GRANTING LICENCES IN BOSTON. 

Voted, That the Justices of the peace for the County of Suffolk legislative 
1 11 T . . T» ^ /-^i ,,r T • . 1 T 1 11 Records ot the 

be allowed, to meet at Boston, for Grant" Licences, to the Inholders council, xi., 

Retailers &c* of the Town of Boston, at their next General Sessions, l!± 

Notwithstanding, An Act of this Court for removing the Court of Gen- "'J"ff 4(5*"*' 

eral Sessions of the peace to the Town of Roxbury. [Passed June 29. iMovince 

'■ "^ ^ Laws, ii., 211, 

chap. 3. 



CHAPTER 41. 

VOTE FOR RETURNING A LIST OF INHOLDERS RETAILERS &c'^ TO THE 
COMMIS«« OF EXCISE. 
Resolved ^^'sisiative 

, , 1 r^ . » , • 1 ^ Records of the 

1 hat, the Clerks of the General Sessions of the peace in the Several Council, xi., 
Countys of this Province during the cantiuuance of the Act for Grant- ]^ 



96 Province Laws {Resolves, etc.). — 1721. [Chap. 42.] 

naT^^ 55*"*^^ ing to His Majesty an Excise, upon Wines Liquors &c* Sold by Retail, 
Province be hereby obliged, yearly to deliver, to the Commiss' of Excise in their 

^^Je,\l]l\^'^' respective Countys, a true list of All the Inholders Taverners, & Re- 
chap'. 39. ' tailers, that Shall Obtain Licence, to Sell or Retail Strong Drink, in 

the Said County, within Fourteen days after Such Licence obtained. 

\_Passed July 4. 



CHAPTER 42. 



RESOLVE FOR EMITTING £5,000 ORDER FOR PAV TAXES IN GOODS. 

Legislative Resolved, 

Records of the ' -iii-t 

Council, xi., Ihat the Treasurer be and hereby is directed, to Issue forth and 

^1 Emitt, the Sum of Five Thousand pounds, of the Bills of publick 

Records 'of the ^^'^dit, that are or Shall be recieved into the Treasury for payment 
Council, xi., of the publick Debts of the Province, already Contracted, & for pay- 
ns'ftVst'm-m inent of Grants Salaries, & allowances, made or to be made by this 
Province Court, & for payment of all unforeseen Charges, necessarily arising, 

House Jour' ' in the recess of this Court, for the defence and Support of the Gov- 
nai, p. 59. ernment and the protection and. Preservation of the Inhabitants of 

this Province, whither occasioned by Pirates or any other Invasion 
by Sea or Land, or by any other way or means, th' demand prompt 
payment, and for payment of Expresses dispatched in the Service of 
this Government, and for Supplying and Supporting the Charge of 
the Castle Forts & Garrisons & Wages, arising for their Service (Pro- 
vided the Muster Rolls or any accompt of Charge or expence on the 
Castle Forts or Garrisons, shall not be paid untill Such Muster Roll 
or accompt of Charge or Expence hath been Examined, and allowed 
of by this Court) & For no other Ends and uses whatsoever, accord- 
ing to Such Draughts, as Shall from time to time, be made upon him, 
by order of the Govenour or Commander in chief for the time being, 
by and with the advice and consent of the Council, and the Said Bills, 
shall pass out of the Treasury, at the Value Expressed, in them Equiv- 
alent to Money And shall be so taken, and accepted, in all publick 
payments. 

And, That the dutys of Impost, & Excise, shall be a fund, & Secu- 
rity, for the Repayment, & drawing in of the Said Bills into the Treas- 
ury again. So far as that will reach ; and as a further Fund and Security 
for the, same. It is further 
Resolved, 

That there be and hereby is Granted, unto his Most Excellent Maj- 
esty, to the Ends & Uses as aforesaid, a Tax of Five Thousand pounds 
upon polls, & P^states, both reall & personall within this Province, ac- 
cording to Such Rules, & In Such Proportion, upon the Several Towns 
and Districts, within the Same, as Shall be agreed on, & ordered by 
the Great & General Court or Assembly of this Province, at their Ses- 
sion in May Anno 1731, and paid into the Treasury, on or before the 
last day of December next after, and, Whereas Through the Scarcity 
of Bills of Credit, It Grows difficult for persons to Convert the produce 
of their Lands, and other effects into Bills & pa}' their rates in them ; 
It is further 

Ordered, That the Inhabitants of this Province, shall have Liberty, 
(If they see fit) to })ay the Several Sums, that shall be on them respec- 
tively assessed in the Several Species here after mentioned at Such mod- 
erate Rates & Prices as the Generall Assembly shall Set them, Viz* in 
Good Barrell Beef or Pork, Wheat, Barley, Rye, Indian Corn, Oats, Flax, 
Hemp, Bees Wax, Butter in Firkins, Cheese, Hides, Tann*^ Leather, Dry 



[1st Sess.] Province Laws (liesolvefi, etc.). — 1721. 97 

Fish, Mackrell, in Barrells, Oyl Whale Boue, Bay Berry Wax, or Tal- 
low ; which Species, shall be recieved by the Treasurer, of the Several 
Constables or Collectors, aud be by him disposed, of for the best advan- 
tage in Calling in of the Said Bills into the Treasury, and if any Loss 
by the Sale of the aforesaid Species, or any other unforeseen Accident 
should arise The Said Deficiencys, shall be made Good by the Tax of 
the Year Next Following, So as fully and Effectually to Call in the 
whole of the Said Sum of Five Thousand pounds. Emitted as afores*^. 
[^Passed July 6. 



CHAPTEK 43. 

ORDER ALLOWING THE COUNTY TREAS'' OF SUFFOLK HIS ACCO^. 

An Accompt of Samuel Checkley Esq' Treasurer of the County of R^fords'of the 
vSuffolk, from March 7"" 1720 to May 9"' 1721, having been laid before Council, xi., 

the Court of General Sessions of the peace for the Said County, & by }^ 

them approved and allowed of, Excepting a Draught of the Superiour ^^^^^ gj """" 
Court in November last. Amounting to the Sum of Six pounds Eight 
Shillings & Nine pence. 

Read and 

Ordered That the Said Accompt, be allowed, all Except the Six 
pounds, Eight Shillings & Nine pence paid by Order of the Superiour 
Court. [_Passed July 7. 



CHAPTER 44. 

ORDER APPOINTING A COMMITTEE OF BOTH HOUSES RESPECTING THE 

HOSTAGES. 

In the House of Representatives Legisi.ative 

r\ T ^ Records of the 

Ordered^ Council, xi.. 

That M' Speaker M' Cook M"- Clark and M' Goffe & M' Austin be a ^^ . 

Committee of this house to Join with Such, as the Honb'' Board shall legislative 

_ ^ . , ^ 1 J.- ■ ^ J. Records of the 

appoint, In the recess, of the Court, to Consider and detirmine, what council, xi.. 
Shall be done with the Hostages. In Council read, & Concurred, Ho'u8e"'Toifr. 

and nal, P- «3. 

Ordered 

That Samuel Sewall, Penn Townsend, Addington Davenport, & 
Thomas Hutchinson Esq", be Joined in the affair above. [^Passed 
July 8. 



CHAPTER 45. 

RESOLVE ALLOWING £317. 13. 7 ON THE MUSTER ROLL OF CASTLE 

WILLIAM. 

A Muster Roll of the Garrison at his Majesties Castle William, Legislative 
Containing an Accompt of Wages due to the Honb''' W" Dummer Esq^ couucif, xi."^^ 
Captain & the Souldiers under his Command for their Service from Jan^ i92. 
13"^ 1720 to June 29"^ 1721, Amo' to £329. 13. 7. The Committee House Jour- 

having Examined the Musterroll of Castle William, & find it rightly /^'/va," chap. 46. 
Cast, & Vouched from the Former Roll, -but Observe that the Captain 



98 



Province Laws {Resolves, etc.). — 1721. [Chaps. 46, 47.] 



bears Three Servants (Negroes) that do no Duty, Viz' Tom, Quaco, 
John, Cooper, & Peter, Slaughter, The Former his Waiting man the 
Other Two his Servants P^mployed on his Farm at Newbury, & never 
at the Castle on Duty, whose wages being Twelve pounds, The Com- 
mittee are humbly of opinion ought not to be paid by the Province, 
but have taken the Same out of the Amount in the Muster, roll, being 
£329. 13. 7 so that there remains due for the discharge of the Same 
the sum of £317. 13. 7 and that two good effective men be forthwith 
Listed in the room of Cooper &, Slaughter. By Order of the Committee, 

W^ Clark. 

Read and accepted, and 

Resolved, that the Sum of Three Hundred & Seventeen pounds, Thir- 
teen Shillings & Seven pence be allowed and paid out of y"" publick 
Treasui'y to discharge the within Musterroll. \^Passed Jidy 12. 



CHAPTER 46. 



RESOLVE ON COMMITTEES REPORT ON CAP^ ZECHARIAH TUTHILLS 
ACCOMPT OF VICTUALLING THE GARRISON AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xi., 
192. 

House Jour- 
nal, pp. 67, 68. 
Supra, chap. 
45. 



An Accompt presented, bj'^ M' Zechariah Tuthill of Victualling the 
Garrison at his Majesties Castle William, From Jan^ 13* 1720, to June 
29"^ 1721, both days Included. 

The Committee having Exam'* the Accompts, of Victuall= the officers. 
Soldiers &c* of his Majesties Castle William, & find it right Cast, & 
Vouched from the Former Accompt, but would observe that there is 
Charged in Said accompt, Subsistence for three men Negroes & Ser- 
vants to his Honour the L' Gov^ which have not done any Duty at 
the Castle, Viz' Thomas, Quaco, John Cooper, & Peter Slaughter, 
the Former his Waiting man, the other Two his Servants Employed 
on his Farm at Newbury & never at the Castle on Duty, whose Vict- 
ualling, being Thirteen pounds Four Shillings, The Committee are 
Humbly of opinion, ought not to be paid by the Province, So have 
taken the Same out of the Amount of the Victualling, being £274. 
0. 7 So that there Remains Due for the discharge of the Said Vict- 
ualling Accompt, Two hundred Sixty one pounds Sixteen Shill^' & 
Seven pence. As by the Accompt on the Other Side. 

by Order of the Committee, W^' Clark 

Read and Accepted and. 

Resolved, that the Sum of Two Hundred Sixty one pounds Sixteen 
Shillings & Seven pence, be allowed & paid out of the publick Treas- 
ury to Cap' Zechariah Tuthill, to discharge the Accompt of Victual- 
ling Castle William. [Passed Jvly 12. 



CHAPTER 47 



RESOLVE ALLOWING £19. 4. 6 TO D« GEORGE PEMBERTON. 



Legislative 
Records of the 
Council, xi., 
193. 

House Jour- 
nal, p. 68. 



Resolved, that the Sum of Nineteen pounds. Four Shillings & Six 
pence, be allowed & paid out of the publick Treasury to 1)'' George 
Pembertou, to discharge his Accompt, of Medicines &c^ for the Castle. 
l^Passed July 12. 



[1st Sess.J Province Laws {Resolves, etc.). — 1721. 99 



CHAPTEK 48. 

RESOLVE ON REPORT OF THE COMMITTEE ON THE MUSTER ROLL OF 
Y"^ GARRISON AT FORT GEORGE. 

A Muster Roll of the Garrison at his Majesties Fort George at Legislative 
Brunswick Under the Command of Cap' John Gyles, Containing an coum-if, xi., 
Accompt of Wages Due to them for their Service from July 22"^ 1720, ^'^'^- 



to July 6"' 1721, amo' to £242. 10/. House Jour- 

ricil 1)11 70 71 

The Committee have Examined the within Muster Roll, and find it infra, i-\\:\\^.m. 
right Cast & are of opinion that the Sum of £223. 15/ be allow"^ and 
paid Exclusive of the Sum of £18. 15/ which Cap' Gyles Charges as 
Interpreter and for Negotiating the affairs with the Indians which the 
Committee are of the Opinion ought Not to be allowed, or paid Till 
Cap' Gyles produces a Resolve of the General Court (If Any Such 
there be) for pav for that Service. 

July 19"' 1721 By Order of the Committee, 

W" Clark 

[Read and] 

Resolved; That the Sum of Two hundred & Twenty three pounds 
Fifteen Shillings, be allowed & paid out of the Publick Treasury to 
Cap' John Gyles, to discharge the within Accompt. \_Passed July 20. 



CHAPTER 49. 

RESOLVE ON COMMITTEES REPORT ON CAPT JOHN GYLES ACCO'' OF 

DISBURSMENTS. 

An Accompt presented by Cap' John Gyles of Disbursments, on the Legislative 
Garrison at His Majestys Fort George at Brunswick, Amo' to the Sum coimcif xi*"^^ 
of £42. 11.7. The Committee having Examined the Within Accompt, i97. 
are of the Opinion, that the Sum of Twelve pounds, & Eleven Shil- House Jour- 
lings be allowed and paid to Cap' John Gyles, in full to Discharge the ^f,^;,^; ^^^i^^p. 
Two first Articles, of the Within Accompt, and the Article of Twenty 48. 
Three pounds Four Shillings & Seven pence. Wee Leave Open, that 
Cap' Gyles may Bring a resolve of the General Court (If any Such 
there be) to Avouch the Same at the Next Session of the Court. ; By 
Order of the Committee, 

July 19"^ 1721. W Clark. 

[Read and] 

Resolved; That the Sum of Twelve pounds Eleven Shillings be 
allowed, & paid out of the publick Treasury, to Cap' John Gyles, to 
Discharge the Within Accompt. [^Passed July 20. 



CHAPTER 50. 



RESOLVE ALLOWING £82. 12. 2 TO DAN'-'- POWNING. 



An Accompt presented by Dan' Powning Keeper of the Powder Legislative 
House, Ending June 1^' 1721; Ballance due to the Said Pownino- ^*o^*?fo*tiie 

being £32. 12.\>. - « Council, xi. 



100 



Province Laws {Resolves, etc. ) . — 1721. [Chap. 51.] 



House Jour- 
nal, p. 69. 



Resolved that the Sum of Thirty Two pounds Twelve Shillings & 2^ 
be allowed, & paid out of the publick Treasui^ to M'' Dan^ Powning, 
to discharge the Said Accompt. \_Passed July 20. 



Legislative 
Records of the 
Council, xi., 
198. 

House Jour- 
nal, p. 71. 



CHAPTER 51. 

VOTE ACCEPTING THE COMMITEEES REPORT ON CA.W GYLES INDENT 

OF STORES. 

An Indent of Stores Necessary at Fort George, presented by Cap* 
Gyles : The Committee are of opinion, That the Province Treas- 

urer, be directed to Supply Cap' John Gyles, with the Within particu- 
lars, for the Use of his Majesties Fort George at Brunswick. 
July 19"^, 1721. By Order of the Committee, 

W'^ Clark 
Read and Accepted. \_Passed July 20. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1721-22. 



[101] 



LEGISLATIVE LIST^ 



1721-22. 



His Excellency SAMUEL SHUTE, 

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

JOSIAH WILLARD, Esq.. 

SEf'RETARY OF the PRO\aNX'E. 



REPRESENTATIVES or DEPUTIES. 

A^l(Just 23, 1721 to May 28, 1722. 
Mr. JOHN CLARK, Speaker. 



County of Suffolk. 



Bosiofi, . 


. John Clark, Esq., 


Mb'^head, 






Elisha Cooke, Esq., 


Beverly, . 






William Hutchinson, Esq., 


Wenham, 






Mr. William Clark. 


Topsfield, 




Roxbury, 


. Capt. William Heath. 


Andover, 




Dorchester, 


. Col. Robert Spurr. 


Bradford, 




Milton, . 


. INIr. Ephraim Tucker. 


Haverhill, 




Braintree, 


, . Capt. John Mills. 


Boxford, . 




Weymouth, 


. Mr. John Torrey. 


Rowley, . 




Hinyham, 


. Mr. Thomas Loring. 


Salisbury, 




Dcdham, 


. Mr. Joseph Ellis. 


Amesbury, 




Mendon, . 


. Mr Daniel Taft. 


Glocester, 




Wrenthani, 


. Mr. Robert Ware. 




Woodstock, 


. Mr. James Horsmer. 


Cou 


Brooklyn, 


. . JNIr. Edward White. 


Cambridge,. 




County of Essex. 


Charlestown, 


Salem, . 


. Daniel'Epes, Esq., 


Watertoivn, . 




Capt. Peter Osgood. 


Newton, . 




Ipswich, . 


. . John Wainwright, Esq., 


Sudbury, 






Mr. Nathaniel Knolton. 


Marlboro, 




Newbury, 


. . Mr. William Moodey. 


Sherburn, 




Lynn, 


. . Mr. Richard Johnson 


Lancaster, 





» See Legislative Records of the Council, xi. 



County f )F Essex — Concluded. 
. Mr. William Stacey. 
. Mr. Robert Briscoe. 
. Mr. John Gott. 
. Mr. Tobijah Perkins. 
. Benjamin Stevens, Esq. 
. Mr. Robert Hasletine. 
. INIr. John Saunders. 
. Mr. Joseph Hale. 
. Mr. Ezekiel Northen. 
. Mr. Isaac Mowell. 
. Mr. John Foot. 
. Mr. Samuel Stevens. 

XTY of Middlesex. 
. Edmi\nd (lofte, Esq., 
Mr. Ebenezer Austin. 
. Mr. John Rand. 
. Mr. Samuel Sterns. 
. Mr. Ebenezer Stone. 
. Mr Phineas Rice. 
. Capt. William Ward. 
. Mr. John Death. 
. Mr. eJabez Fairbanks. 

200, 201. No Councillors were elected for this year. 

[103] 



104 Province Laws (Resolves, etc.). — 1721-22. [Representatives.] 



County of 

Framingham, . 
Oroton, , 
Coticord, . 
Chelmsford, 
Billerica, 
Wobicrn, . 
Beading, 
Maiden, . 
Lexitigion, 
Weston, . 
Dracutl, . 
Mcdford, 
Stow, . . 
Leicester, 



Cc 

Springfield, 
Northampto 
Eadleij, . 
Westfield, 
Brookfield, 



Middlesex — Concluded. 
Col. Joseph Buckminster. 
Mr. John Shipley. 
Mr. William Wilson. 
Mr. Stephen Peirce. 
Mr. George Brown. 
Mr. Daniel Peirce. 
Mr. William Bryant. 
Mr. Jonathan Sergeant. 
Francis Bowman, Esq. 
Francis Fulham, Esq. 
Capt. Joseph Varnam. 
Thomas Tufts, Esq. 
Mr. John Whitman. 
John Menzies, Esq. 



UNTY OF Hampshire. 

. Mr. Joseph Stebbins. 
I, . Mr. Ebenezer Pomroy. 

. Mr. Luke Smith. 

. Mr. Samuel Ashley. 

. Mr. Joseph Jennings. 



County of Plimouth. 
Plimouth, . . Josiah Cotton, Esq., 

Mr. John Foster. 
Scituate, . . . Mr. James Cushing. 
Marshjicld, . . Mr. Jonathan Earns. 
Duxbury, . . Capt. John Alden. 
Bridgewater, . Mr. Benjamin Snow. 
Rochester, . . Mr. Samuel Prince. 
Middleboru, . . Mr. lehabod Southwark. 



County of Plimouth — Concluded. 
Plim])ton, . . Mr. Benoni Lucas. 
Pembrook, . . Mr. Thomas Barken 



County of Baunstable. 



Barnstable, . 
Sandwich, . 
Eastham, . 
Harwich, 



. Shubael Goreham, Esq. 
. Mr. Stephen Skift'. 
. Mr. Isaac Pepper. 
. Mr. John Mayo. 



County of Bristoll. 

Bristoll, . . . Simon Davis, Esq. 
Taunton, . . Mr. James Leonard. 
Swanzey, . . Mr. Joseph Winslow. 
Rehoboth, . . Mr. Jothniel Peck. 
Little Conqyton, Mr. Joseph Southwark. 
Dighton, . . . Mr. David Walker. 
Tivertoji, . . Mr. Gershom AVoodall. 
Altlebord, . . Mr. David Freeman. 
Norton, . . . Capt. Samuel Brintnall. 
Lartmouth, . . Mr. Phillij) Tabor. 
Freetown, . . Mr. Thomas Gage. 

Dukes County. 
Edgar Tow7i, . Mr. Joseph Newcomb. 

County of York. 
York, .... Mr. Samuel Came. 
Kittery, . . . Mr. John Dennett. 
Bertvick, . . Mr. Elisha Plaisted. 
Biddeford, . . Mr. Pendleton Fletcher. 

Island of Nantuckett. 
Sherburn, . . George Bunker, Esq. 



RESOLVES, orders; VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON the Twenty-third Day of August, A.D. 1721. 



CHAPTEK 1. 



VOTE FOR ADJOURN" MIDDLESEX COURTS. 



WHEREAS, the Court of General Sessions of the peace and inferiour Legislative 
Court of Common pleas for the County of Middlesex is appointed by councff xi/^^ 
Law to be held at Concord, upon Tuesday the Twenty Ninth of August •'^03- 
Instant, and Several of the members of this Court will be obliged to House Jour, 
attend the Said Courts at Concord. ^^^' p- ^• 

Ordered; That the Justices of the Said Courts of General Sessions 
of y*^ peace, & Inferiour Court of Common pleas, be directed, to adjourn 
the Said Courts, to Some Further & More Convenient time. [^Passed 
August 24. 



CHAPTEK 2. 

ORDER FOR A GUARD AT THE COURT HOUSE TO PREVENT INFECTION. 

Ordered, That three men be appointed by this Court to Stand Guard r®^'®^!*''^^, 
at the Door of the House to hinder any person, from the Town of Bos- council, xi., 

ton. Coming unto the House (without Licence first obtained) whereby — . 

the Small-Pox may be brought among the Members, of the Court, And, R^*^^ri*^®f f^ 
That Cp' William Heath, have the Charge of the Guard. [Passed Council, vii., 

Aiimi<it 9fi 262 bis. House 

j±ugusi ZO. Journal, p. 10. 



CHAPTEE 3. 

RESOLVE ALLOWING £3. 9 TO ROBERT ORANGE. 

A PETITION of Robert Orange, Setting forth that he was ordered by Legislative 
the Gov' & Council to Pilot his Majes1;ies Ship Sea Horse, down to councif, xu!^^ 
Biixl Island, when She was Infected, with the Small-Pox, and praying '-JOS- 
that he may be allowed, out of the publick Treasury the Sum of Three Legislative 
pounds, and Nine Shillings for that Sei-vice. Coum-if xi ^"^ 

Read & w, U2 ks.'' 

Resolved, that the Sum of Three pounds & Nine Shillings be allowed na*i"p! 23°"'^' 
& paid out of the publick Treasury to M"" Robert Orange in full Dis- 
charge of his Acco'. \_Passed September 1. 

[105] 



106 



Province LiA^Y^ (Besolves, etc.). — 1721-22. [Chaps. 4, 5,] 



CHAPTEE 4. 



Legislative 
Records of the 
Council, xi., 
216. 

House Jour- 
ual, p. 26. 



ORDER ON JOHN PINDARS PETITION, COMPLAINING OF A JUDGMENT. 

A PETITION of Johu Pindar of Dover, in the Province of New-Hamp- 
shire, Shewing that Daniel Mervey of Reading, brought a Writt of 
Trespass & p]jectment, against Samuel Mervey then of Dover, afore- 
said, to recover the Lands & premises in the Said Writt mentioned, & 
Express'^ to be heard & Tried at the Inferiour Court of Common pleas, 
held at Charlestown, for the County of Middlesex on the Second Tues- 
day of December 1712, where the Said Mervey Vouch'' in the petitioner, 
& Judgment went against him, from which Judgm' he appealed to the 
Superiour Court next Ensuing, but thi'ough mistake in the reasons of 
appeal, they were Quashed, and the former Judgment was Confirmed ; 
That the plantiff to the Said action did not attempt till Lately, to Oust 
the persons. Claiming under the petitioner, which is the reason that he 
hath not hitlierto applied for relief, and therefore yjraying that he may 
be Impowered to file his reasons of appeal, De Novo, That So his 
Appeal may proceed to tryall, and That in the mean time a Writt of 
Trespass & Ejectment, brought by the S** Daniel Mervey founded on 
the former Judgment to be Tried at the Next Inferiour Court to be 
held at Concord for the Said County of Middlesex, may be Continued 
& abide the Event of the Said appeal. 

Read & 

Ordered. 

That the petitioner Serve the adverse party with a Copy of this peti- 
tion, that So he may Give in answer thereto, on the first week of the 
Next Session (if he Thinks fit) To Shew Cause if any he have, ■why 
the prayer of the petition may not be Granted, and That in the mean- 
time, the Writt of Trespass & Ejectment be Continued. \_Passed Sep- 
tember 1. 



CHAPTEE 5. 



Legislative 
Records of the 
Council, xi., 
216. 



House .lour- 
nal, p. 26. 
Province 
Laws, ii., 
cliap. 1. 



203, 



RESOLVE ON GRACE STEVENS PETITION, GRANTING HER A LICENSE 

TO SELL LIQUORS. 

A Petition of Grace Stevens of Boston Setting forth that by reason 
of Sickness, She was unable to renew her Licence to retail Strong Drink 
at the Time Limited, by Law, and therefore praying that the Court of 
Generall Sessions of the peace for the County of Suffolk may be directed 
to allow her to renew her Licence. 

[Read and] 

Resolved, That the prayer of the petition be Granted, and that the 
Justices of the peace For the Said County, be directed to Grant, the 
petitioner, a Licence for Retailing, upon a proper, Api)lication, and 
that in the mean time, she be allowed to Retail. \_Passed Se^Mmher 1. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1721-22, 107 

CHAPTER 6. 

RESOLVE ALLOWING £6. 15 TO JAMES CLARK. 

An Accompt presented by James Clark, for his attendance, on the Legislative 
Last assembly, at Cambridge, Amounting to the Sum of Six pounds counru^ xi ^'^^ 
& fifteen Shillings : Read & --^n. 

MesoJved., That the Sum of Six pounds & fifteen Shillings be allowed House Jour- 
& paid out of the publick Treasury to IVP James Clark, to discharge the °* ' ^' ^^' 
Said accompt. [Passed September 1. 



CHAPTER 7. 



RESOLVE ALLOWING £L 11 TO SAMi-'' MARSHALL. 



An Accompt of Samuel Mai'shall for hire of a Boat, Carried to Arrow- Legislative 
sick for the Service of the Province, Amo' to thirty one Shillings. councif xl*^^^ 

Read and 219. 

Mesoloed, that the Sum of one pounds^ & Eleven Shillings, be allowed House Jour- 
& paid out of the publick Treasury, to M"" Sam" Marshall, to discharge '^"^•p--'- 
the Said accompt. [_Passed September 2. 



CHAPTER 8. 

RESOLVE ALLOWING £4. 7 TO THO" WITHERIL. 

An Accompt of Tho^ Witheril, for Billeting Souldiers Impress'^ in Legislative 
his Majesties Service, in ColP Winslows regim' & Sailors in the S** coundf xi^*"® 
Service, from July 31" to Augs' 4'^ 1721, Amo' to the Sum of £4. 7/. -219. 

Read & House Jour- 

Resolved, that the Sum of £4. 7/ be allowed and paid out of the "''''• ^' ""• 
publick Treasury, to M"" Tho' Witheril to discharge his S*^ Accompt. 
\^Fassed September 2. 



CHAPTER 9. 

RESOLVE ALLOWING £2. 12 TO JOB CUSHMAN. 

An Accompt of. Job Cushman for Billeting Souldiers, Impress*^ for Legislative 
his Majesties Service at Plimouth from July 3P' to August 4"^ 1721, counclf xi"'^ 
amo' to the Sum of Fifty Two Shillings. Read & 210. 

Resolved, that the Sum of Two pounds & Twelve Shillings be allow'' House Jour- 
& paid out of the publick Treasury to Job Cushman, to discharge his "''*'■ p- 2'- 
Said accompt. ^Passed September 2. 

» Sic. 



108 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 10-13.} 



CHAPTER 10. 



Legislative 
Records of the 
Council, xi., 
219. 

House Jour- 
nal, p. 27. 



RESOLVE ALLOWING £6. 6. 8 TO CORNELIUS WHITE. 

An Accompt of Cornelius White of Billeting Soldiers, Impressed irr 
his Majesties Service & Sailors in the Service at Marshfield, from July 
3P' to Augs' b^^ 1721, Amo' to the Sum of Six pounds, Six Shillings & 8"^. 

Read & 

Resolved, That the Sum of Six pounds Six Shillings and Eight 

pence, be allowed & paid out of the publick Treasury, to M'' Cornelius. 
White, to discharge his Said accompt. [_Fassed Sejitember 2. 



CHAPTER 11. 



Legislative 
Records of the 
Council, xi., 
219. 

House Jour- 
nal, p. 27. 



RESOLVE ALLOWING £76. 17 TO ISAAC LITTLE ESQ«. 

An Accompt presented by Isaac Little, Esq^ of the Charge of Fitting 
the Sloop Dove a Transport to Carry the Souldiers to Arrowsick, Pro- 
visions, Ammunitions and other Stores for y*" Said Soldiers Amo' to 
the Sum of £76. 17/. 

Read & 

Resolved, that the Sum of Seventy Six pounds Seventeen shillings 
be allowed, & paid out of the publick Treasury To, Isaac Little, Esq' 
to discharge the Said accompt. \_Passed September 2. 



CHAPTER 12 



RESOLVE ALLOWING £7. 17. 6 TO COLL" JOS: BUCKMINSTER. 



Legislative 
Records of the 
Council, xi., 
220. 

House Jour- 
nal, p. 27. 



An Accompt presented by Joseph Buckminster, Esq'' of Subsistence 
of Twenty one men (Impressed into his Majesties Service) Six days 
Amo' to £7. 17. 6. 

Read & 

Resolved, 

That the Sum of Seven pounds Seventeen Shillings & Six pence be 
allowed, & paid out of the publick Treasury to Jos : Buckminster, Esq% 
to discharge his Accompt. \_Passed September 2. 



CHAPTER 13. 



RESOLVE ALLOWING £51. 7 TO DISCHARGE ACCOUNT OF THE MUSTER 
ROLL OF SLOOP SEA FLOWER RICH" LANGDON MASTER. 



Legislative 
Records of the 
Council, xi., 
220. 

House Jour- 
nal, p. 27. 



A MusTKR Roll of the Sloop Sea Flower, Richard Langdon M', In 
his Majesties Service in a Voyage to Arowsick & back to Boston, Con- 
taining an Acco' of Wages due, to the S*^ Richard Langdon, & Company, 
together with the Hire of S*^ Sloop from July 29"' to August 29* 1721, 
Amo' to the Sum of Fifty one pounds & Seven Shillings. 

Read & 



[1st Sess.] Province Laws {Resolves, etc.). — 1721-22. 109 

Resolved, 

That the Sum of Fifty one pounds & Seven Shillings be allowed, & 
paid out of the publick Treasury, to M' Richard Langdon, to Discharge 
the above Acco'. \_Passed September 2. 



CHAPTER 14. 

RESOLVE DIRECTING THE TREASURER TO SEND CLOTHING FOR THE 

EASTERN FORCES. 

Resolved, That M' Treasurer, be directed to Send Such a Number Legislative 
of Blanketts Shoes Stocki=^ and other Cloathing as are Necessary, for counc'if, xl.!^^ 
the Supply of the Forces Sent to the Eastward. \_Passed September 2. '■^^o- 



House Jour- 
nal,!). 27. 



CHAPTER 15. 

ORDER OF HEARING ON HUGH HALL ESQ» HIS PETITION FOR REDEEM- 
ING MORTGAGED LAND. 

A PETITION of Hugh Hall, f of Barbadoes, Esq' Shewing That, pJfj,^rd?of the 
His Grandfather Cap' Benj'' Gibbs, Mortgaged his House and Land in councii, xi., 

Boston to Maj'' John Richards, & Soon after died beyond Sea Intes- '^ 

tate, That Letters of administration were Granted to Lydia Gibbs his ^g^^^^g^^f the 
Widow, who Intermarried With, Cap' Anthony Checkley, and thereby council, vii., 
the Said Checkley, possesed himself of the Greattest part of the pe- 289', Igv^M."**' 
titioners Grandfathers Estate, to the amount of Seventeen Hundred House -Jour- 
pounds, That the S*^ Checkley prevailed upon his Wife to Sign, a '^' 
minute in the Margin of the Said Mortgage Registred in the Registers 
office of the County, And the Same day takes a Conveyance from the 
Said Richards, in his Own name, paying part of the Consideration 
Money «fe Mortgaging the Said Instate for Securing the rest. That 
the Said Richards Sued out the Said Mortgage, & obtained Judgment 
for the Sum of Three Hundred Forty Eight pounds Four Shillings & 
Eight pence, on the premises, That in Some Short time, after, the 
Said Checkley died and the Whole of his Inventory amounted, but to 
Sevent}' pounds & one penny, That the petitioner (who is Sole Heir 
to his Said Grandfather has been kept out of the possession of the 
Said Estate, partly by his Infancy, & his residing in a foriegn Coun- 
try, Since he came of age, & partly by the Legatees of the Said Rich- 
ards, Assuring him from time to time, that they are Willing to Recieve 
the Principall and Interest, due on the Said Mortgage, but Now the 
Legatees refuse to take the Money, due on the Mortgage, pretending 
the Right of Redemption, is in the Heirs of the Said Checkley, AVhereas 
in fact, the Estate was Originally the petitioners Grandfathers, & the 
payments made by the Said Checkley, Came out of the Same Estate 
and therefore praying, that By a private Act, he may be Enabled to 
Redeem the Mortgaged Premises, or may have Such Other Relief as 
to the Wisdom of this Court Shall Seem fitt. 

Read & Referred ; for a hearing, to the Second Wednesday of 

the Next Session of the General Court, and that the adverse party, be 
Served with a Copy of this petition. [Passed September 4. 



110 



Province lJA^\ii {Resolves, etc.) . — 1721-22. [Chaps. 16-18.] 



CHAPTER 16. 



Legislative 
Records of the 
Council, xi., 
231. 

House Jour- 
nal, p. 29. 



ORDER OF HEARING ON PETITION OF NORTH INHABITANTS OF 
CHARLESTOWN TO BE SET OFF TO MALDEN. 

A PETITION of the Inhabitants of that pai't of Charlestown, that Lie.s 
on the North-Side of Mistiek River, Shewing that the Most of them 
Live Eight or nine Miles, distant from the Meeting House, in the Said 
Town, & find Great difficulty & Inconvenience, in attending the publick 
Worship in the Said Town, and praying that they with their Estates, 
may be Sett off from Charlestown, & annexed to Maiden, to which they 
adjoin, & are Conveniently Seated to do parish & Town duties, there. 

Read And Referred for a Hearing, to the first P'riday of the Next 
Session of the Generall Court. And That the adverse party, ^ be Served 
with a Copy of this petition. \_Passed September 4. 



CHAPTER 17. 



RESOLVE ABOUT Y= ESCAPE OF THE HOSTAGES. 



Legislative 
Records of the 
Council, xi., 
223. 

Executive 
Records of the 
Council, vii., 
281. House 
.Journal, p. 34. 
Infra, cliap. 18. 



In the House of Representatives : 

Resolved^ That it is for the Service for - this Province That dis- 
patches be Immediately sent to the Commanding officers^ of the Forces 
in the Frontiers, 

Advising him,' That the Four Indian Hostages made their Escape 
from Castle William the Last Night, and that he^ dispatch Expresses, 
to the Several Companies & Garrisons in those parts acquainting them, 
therewith, that they may be more Strict on their Guard, to prevent a 
Surprize. In Council Read & Concurr: 

And that the Severall officers on the Frontiers, be Impowered & 
Commanded, to Seize all the Eastern Indians, they can untill the Said 
Hostages be Either recovered, or Surrender themselves. 

In the House of Representatives Read & Concurred. \_Passed Sep- 
tember 6. 



CHAPTER 18. 



Legislative 
Records of tin 
Council, xi., 
224. 

House Jour- 
nal, p. 36. 
Supra, chap. 
17. 



RESOLVE ALLOWING A PR.EMIUM FOR THE APPREHEND'- INDIAN 

HOSTAGES. 

Resolved 

That the Sum of Twenty pounds, p"" Head, be paid out of the publick 
Treasury, to Such person or persons, that shall Seize & bring back any 
of the Indian Hostages, to Boston within. Twenty days, from their Es- 
cape from Castle William, And that the Western Frontiers be Notified, 
of their Escape to prevent A Surprize. [Passed September 6. 



Charlestoton" in the House Journal, p. 29. 



Sic. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1721-22. Ill 



CHAPTER 19. 

RESOLVE FOR PAYMENT OF TREASURER ALLENS ACCO'' OF DISBURS- 

MENTS.' 

An Accompt presented by Jeremiah Allen, Esq% Treasurer of Dis- Legislative 
bursments, for Victualling Garrisons & Soldiers, Fitting & Victualling, c^unclf, xl*''^ 
Sloop Sea Flower, Taken up for the Commiss'"', Incidental Charges, (fcc" '^ 



amounting to the Sum ot £l,4bl. 4. o. House Jour- 

m A A^ nal, p. 35. 

[Read and] 

Resolved, 

That the Sum of one Thousand, Four hundred and Eighty one pounds, 
Four Shillings & h^ be allowed «fe paid out of the publick Treasury, 
To Jeremiah Allen, Esq"" Treasurer ^ to discharge the Said Accompt. 
\_Passed September 6. 



CHAPTER 20. 

RESOLVE ALLOWING COUNTY TREASURER OF ESSEX HIS ACCO^. 

An Acco'' presented by John Appleton, Esq"", Treasurer of the County Legislative 
of Essex for the Years 1719, & 1720, having been Allow*^ by the Court c.nmc'if.xL"'® 
of General Sessions of the peace for the S'' County. ^ 

Read & House Jour- 

Besolv^ That the S*^ Accompt be allowed. [^Passed September 6. > i^- - • 



CHAPTER 21. 

RESOLVE RESPECT^ THE EASTERN INDIANS. 

Resolved, That the Government hath Sufficient reason to prosecute Legislative 
the Eastern Indians for their Many Breaches, of their Covenants & council^ xi., ^ 

Treaties and more Especially for their open Rebellion, Lately com- -j^ 

mitted at Arowsick and to demand Satisfaction for the Injuries, done House Jour- 
to his Majesties Subjects, in these parts & Security for their peaceable 37^ ' province 
behaviour, for the future, and for the effectual prosecution, thereof, ]:'^^'^'^^'' ^^' 
That one hundred & P^ifty Effective men, be added to the Three Hun- Ante, p.'-28, 
dred & fifty already in the Service, in the Eastern Settlements, And chap;^; ^'■^^' 
that as soon as his Exellency, & the Council shall think proper, Three 
Hundred of the Said-men at least be Sent in Quest of the Said Indians, 
to march to their Head Quarters, or Such other places as may be likely 
to find them in, Siezing &. Securing as Many as they shall find in their 
Marches ; And that his Exellency be desir*^ to Issue out a Proclama- 
tion, to be Sent by the Commd° officer of the Said Forces, to be In- 
terpreted to the Said Indians, Commanding them upon pain of being 
prosecuted with the Utmost Severity to deliver up the Jesuits, and the 
other Heads, & Fomenters of their Rebellion, and to Make Satisfac- 
tion, for the damage done by th"^ repeated Hostilities, & Make proper 
Submission, for their Insolent Letter to his Exellency & this Govern- 
ment, and in case they refuse or Neglect Immediately to Compl}^ fully 
with the Said Proclamation That then the Commanding officer. Order 
that as Many of their principall men, as he Shall Judge meet, be taken 
& Siezed, as hostages till they make restitution, & Satisfaction as above- 
said ; And that Mons"' Rallee, or any other French Priezt residing among 

' The word "Treasurer" is underlined in the original. 



112 



Province Laws {Remlves, etc. ) . — 1721-22. [Chaps. 22-24.] 



Legislative 
Records of tiie 
Council, xi., 
225. 

House Jour- 
nal, p. 17. 
Province 
Laws, li., 189, 
chap. 14. 



y'" be Seized, & Secured & Seut to Boston, and in Case the Indians Shall 
forcibly oppose them in their Said attempt, that then they proceed to 
Repell Force by Force ; That the remainder of the Forces be i^osted to 
Cover the Most Exposed, Parts in the Eastern Settlemt' at the Direc- 
tion of his Exellency the Gov'', That an officer with a party of Thirty 
Soldiers of the Forces be Sent to apprehend Mous^ Casteen And that 
he be Sent to Boston, to Answer for his heading the Indians, in their 
late Hostile appearance, under French Colours at Arowsick ; That Fifty 
Good effective men more be Employed as Scouts, for Security of the 
Western Frontiers, To be posted in Such Towns as his Exellency Shall 
Judge Most NeedfuU ; That the Soldiers that Are already Impressed, 
& all others that shall See Cause to Enlist shall recieve out of the 
publick Treasury Forty Shillings, per man as of Bounty ; and That a 
present Not Exceeding In Value Five hundred pounds be made To the 
Five Nations of Maquas, to maintain & renew. The Ancient Friend- 
ship, between this Government, & those Nations. \_Passed Septem- 
ber 7. 



CHAPTER 22. 

ORDER ON SUTTON PETITION FOR EASE OF TAXES. 

A PETITION of the Inhabitants of Sutton praying that they may be 
Eased of a Tax of Six pounds Set on them by the Assembly this Year, 
In Consideration of their Inability to pay the Same, As also that they 
are not allowed any part of The Fifty Thousand pounds, to be distrib- 
uted to the Several Towns according to their proportion to the Tax. 

Read & 

Ordered^ That the prayer of this petition be Granted. \_Passed Sep- 
tember 7. 



CHAPTER 23 



Legislative 
Records of the 
Council, xi., 
225. 

House Jour- 
nal, p. 35. 



RESOLVE ALLOWING £4. 4. 6 TO JOHN FLAGG. 

An Accompt presented by John Flagg, of the Charge of Going Ex- 
press to Ipswich, Several Disbursments for the General Court held at 
Cambridge, &c amounting to Four pounds Four Shillings & Six pence, 

[Read and] 

Resolved., 

That the Sum of Four pounds Four Shillings & Six pence, be allowed 
& paid out of the publick Treasury, to John Flagg Doorkeeper, to Dis- 
charge the above Accompt. [^Passed September 7. 



CHAPTER 24. 



Legislative 
Records of 
Council, xi., 
226. 

House Jour- 
nal, p. 36. 



RESOLVE ALLOWING £22. 4. ,^ TO EDWARD WINSLOW. 

t^,g An Accompt presented by Cap' Edward "Winslow, of the Charge of 
repairing his Exellency the Gov" house In September 1721, Amo' to 
the Sum of Twenty Two pounds Four Shillings & Five pence ; 
[Read and] 

Resolved, That the Sum of Twenty Two pounds Four Shillings & 
Five pence, be allowed & paid out of the publick Treasury, to Edward 
Winslow Sherriff in full Discharge of this Accompt. \_Passed Septem- 
ber 7. 



[1st Sess.] Province Laws (liesolves, etc.). — 1721-22. 113 



CHAPTER 25. 

RESOLVE ALLOWING £7. 15 TO EDWARD WINSLOW ESQ^ 

An Accompt presented by Edward Winslow of the charge of mak- r^^'®'^**^? .u 
ing Two Halberts, Expressing of Letters «fec^, Amo' to the Sum of council, xi., 

Seven pounds & Fifteen Shillings. ^ 

[Read and] House Jour- 

Mesolved, That the Sum of Seven pounds & Fifteen Shillings, be ' ' ' 
allowed and paid out of the publick Treasury, to Edward Winslow 
Esq'', In full Discharge of this Accompt. [Passed September 7. 



CHAPTER 26. 

RESOLVE FOR PAYMENT OF MUSTER ROLL OF NORTHFIELD GARRISON. 

A Muster Roll of the Garrison at Northfield under the Command, ^®^*^|f"^Ptj, 
of Serg' Joseph Kellog, Containing an accompt of Wages & Subsist- council, xi., 
ance, due to them for their Service from January 26"" 1720, to August "^'^^' 



24* 1 7 2 1 , Amo' to £ 1 8 7 . 1 0/ . House .Jour- 

rr> 1 n nal, p. 35. 

[Read and] 

Resolved, That the Sum of one hundred, Eighty Seven pounds Ten 
Shillings be allowed, & paid out of the publick Treasury, to Sam" Pat- 
ridge, Esq"", to discharge the Within Accompt. [^Passed September 7. 



CHAPTER 27. 

RESOLVE ALLOWING £60. 15 TO NICHOLAS BOON. 

An Accompt presented by Nicholas Boon, of the Charge of printing Legislative 
the Votes of the Representatives, for the Sessions of March & May councif xi ^'^^ 
last, printing the Election Sermon, paper &,(f delivered to the Clark 226. 
of the Representatives, amo' to, Sixtv pounds & Fifteen Shillings ; House Jour- 

[Read and] " nai,p.36. 

Resolved, That the Sum of Sixty pounds & Fifteen Shillings, 

be allowed «& paid out of the publick Treasury to M"^ Nicholas Boon, 
in discharge of the Within Accompt. \_Passed September 7. 



CHAPTER 28. 

VOTE FOR THE TOWNS TAKING OUT THEIR PART OF THE £50,000. 

Whereas by an Act, of this Governm' for Emitting the Sum of Fifty, Legislative 
Thousand pounds in Bills of Credit, pass*^ at a Session, of the Great & Jouncff xf ^'^^^ 
General Court or assembly, held at Boston, by prorogation on Wednes- 228. 
day, the fifteenth day of March last past, "It is Enacted That the House Jour- 
Province Treasurer as Soon as he shall have recieved, the Said Bills province^' ^*" 
shall Notify the Select men of the Several Towns, thereof. That So Laws, ii., 189, 
they may assemble the Freeholders Qualified, as in the Act is provided ^ ^^^' ^^' ^'^^' 



lU 



Province Laws (Resolves, etc.). — 1721-22. [Chaps. 29, 30.] 



to proceed and take out their proportions of the Said Bills, if they See 
meet and deliver them to Thier respective Trustees, or their Order, Tak- 
ing their reciept for the Same, ["J M"" Treasurer Allen, Inform" The 
House that Forty Thousand pounds of the Fifty Thousand are made 
& finished, but that the other Ten Thousand pounds being made off 
of the plates of the Lowest Denominations, necessarily demand Some 
further time before they will be brought to him; wherefore, 

Resolved, That M"" Treasurer Allen shall and may (notwithstand- 
ing the aforesaid Clause in the Act) Give out to the Trustees (or their 
Order) of all Such Towns as apply to him for their proportion of the 
Fifty Thousand pounds, as far as the Bills in his hands will Enable 
him, and that the Selectmen of the Several Towns, ^ assemble, the Free- 
holders of their respective Towns to chuse Trustees for disposing of 
their pi'oportionable Sums. [^Passed September 7. 



CHAPTER 29. 



ORDER ABOUT FUNERALS & TRAIN^^ IN BOSTON &c\ 



Legislative 
Records of the 
Council, xi., 

228. 

House Jour- 
nal, p. 39. 



Whereas many persons, in the Town of Boston are Visited with the 
Small-Pox, and Several have died of that distemper, and if that Conta- 
gion should Continue, & Spread it would probably Occasion the Deaths 
of Sundry persons, and the Frequent ringing of Bells at Funerals, being 
found Very Inconvenient & prejudicial ; Therefore, 

Resolved, That No Bells shall be Tolled, for the Buriall of persons, 
that may dye of that or any other distemper, but what the Select-men,- 
of the Town shall Order «fe direct, and that the Time of the Funerals 
Going shall be under the Order & regulation of the Said Select-men ; 
And, That if any persons. Employ*" in Tolling the Several Bells in the 
Town of Boston shall Not observe the Orders and directions, of the 
Select-men in this affair. 

They Shall for Every Such offence, forfeit & pay the Sum of Forty 
shillings to be recovered by Bill, plaint or Information in any of his 
Majesties Court of Records, or before any Justice of the peace in the 
County of Suffolk, The one half of Said Fine to be applied to & for 
the use of the poor in the Town of Boston, and the other half to him 
or them that Shall Inform & Sue for the Same, & Further That the 
Capt' and officers of the Military Companys & Troops within the Town 
of Boston, do not Call forth their Respective Companys to do military 
Duty in the time of Sickness, Unless by Order of the Captain General 
or Commander in chief for the time being. \_Passed SejJtember 7. 



CHAPTER aO. 



RESOLVE ALLOWING £U. 2 TO COLL" JOHN ArPLETON. 



Legislative 
Records of the 
Council, xi., 
229. 

House Jour- 
nal, p. 36. 



An Accompt presented by John Appleton, Esq"' of the Subsistence 
of Souldiers Detached, from his regiment for the Service in the Eastern 
parts from the 27"' to the 3P' of July 1721, & provisions for their March, 
amount*'' to the Sum of £14. 2/. 

[Read and] 

1 From this word on there is a repetition of a line in the Secretary's copy. The State 
Library copy has been followed. 



[1st Sess.] Province Laws {liesolves, etc.). — 1721-22. 115 

Resolved 

That the Sum of Fourteen pounds, & Two Shillings be allow'' and 
paid out of the publick Treasury, to John Apj)leton, Esq"" to discharge 
the Within Acconipt. \_Passed Se2)tember 7. 



CHAPTER 31. 

ORDER ON PETITION OF DANIEL OLIVER & WILL" WELSTED ESQ'^*' 
EXECUTORS AND GUARDIANS FOR SALE OF AN INTEREST IN A 
POWDER MILL. 



A PETITION of Daniel Oliver, & AVilliam Welstead, Esq""' Executors Legislative 
of the last will «fe Testament of Grove Hirst, Esq"- & Guardians of his ,^,*:;Z^?f °t "''^ 
Children, praying that they may have 



Hirst, Esq-- & Guardians of his couSxi., 
Liberty, to Sell three Eigths & •■^29. 



one Sixteenth of a Certain powder-Mill Erected on Neponset-River in House Jour- 
Milton, the Same being of Little Benefitt to the Children at present, proy^uce 
and Yet would fetch Something Considerable, and that they may have Laws, yi., 133, 
Liberty to prepare a Bill for that P]nd. ^ ''^^'' '" 

Read & 

Ordered; That The prayer of the petition be Granted, and that 

the petitioners have leave, to bring in a Bill accordingly at the Next 
Session. \_Passed September 7. 



the 



CHAPTER 32. 

RESOLVE ALLOWIN(^ £150 TO MESSRS HUTCHINSON & WADSWORTH FOR 
REPAIRS AT CASTLE WILLIAM. 

A Memorial of Edward Hutchinson Esq"" & Cap' Joseph Wadsworth, ^®?'®'?*^'^? 
a Committee for the effecting the repairs at Castle William Shew- council, xi., 

ing that it is Necessary, for Carrying on the Said Works, That One -^ 

hundred & Fifty pounds be paid to them, out of the publick Treas- ^,^,"^f;^3"^4o 
ury. Read & p'roviuce ' 

Resolved That the Sum of one hundred & Fifty pounds be allowed ^lilipfvlf''^^^' 
and paid out of the publick Treasury to the above Committee for the 
Use herein Mentioned. \_Passed September 8. 



CHAPTER 33. 

RESOLVE ALLOWING £36. II TO JOSIAH WILLARD. 

An Accompt presented by Josiah Willard Esq"" Secretary, of Fees Legislative 
due according to Establishment, for Work done for the publick in his councif xi.**^^ 
otfice from March 1" 1720, to August 24"' 1721, amounting to the Sum -3i- 

of £36. 11/. House Jour- 

[Read and] nai,p.43. 

Resolved 

That the Sum of Thirty Six pounds & Eleven Shillings be allowed 
and paid out of the publick Treasury to Josiah Willard Esq"' Secretary 
to discharge the Said accompt. \_Passed September 8. 



116 



Province Laws {Resolves, etc. ) . — 1721-22. [Chaps. 34-36.] 



CHAPTER 34. 



ORDER FOR FURNISHING STORES FOR THE FORCES &«'\ 



Legislative 
Records of the 
Council, xi., 
232. 

House Jom-- 
nal, p. 42. 



Resolved that M"' Treasurer alien, procure provisions Ammunition 
and all other Neeessarys for the Forces, abroad and that Shall be 
sent abroad, and for the Forts at the Eastward, for the Space of 
Two mouths, and if the Marching forces be Continued Longer, that 
he Take Care, that they be Supplied, with the Things above Enumer- 
ated, to the first of April Next, Likewise that he Take up a Conven- 
ient Sloop to attend the Forces. \_Passed September 8. 



CHAPTER 35. 



ORDER REFERRING THE COMMITTEES REPORT UPON DORCHESTER 

AFFAIRS. 



Legislative 
Records of the 
Council, xi., 
232. 

Legislative 
Records of the 
Council, xi., 
163. House 
Journal, pp. 43, 
44. Ante, p. 91, 
chap. 29. 



Province of the Massachusets Bay Septr 7"" 1721 

The Committee appointed by the General Court of the S'^ Province, 
by their Said Order Dated June Twenty second last past, to Enquire 
into the affair of Dorchester, relating to their Contentions, about their 
propriety Lands, Having repaired to the Said Town, Heard the allega- 
tions of the parties Concerned and Viewed the Records & papers, re- 
lating to the affair, do find in the Town Book of Dorchester, an Order 
recorded. Dated April 23'^ 1638, Relating to the disposition & dividing 
the Lauds, belong" to the Said Town of Dorchester Called the New 
Grant, upon which Said Order, the difference or Contention, betwixt 
the Inhabitants or proprietors of the Said Town of Dorchester hath 
Arisen But the Said Order is So Uncertain & Unintelligible, That "Wee 
apprehend it was very hard & difficult. Ever for any Division to have 
been made, of the Said Land, Exactly agTeeable, to the Said Order, 
and that the Inhabitants of the Said Town of Dorchester have Since 
the Date of the aforesaid Order, at Sundry times, divided & disposed 
of the Said Land, Called the New Grant, but Whither Agreeable to 
the aforesaid Order or No, wee Cannot detirmine because of the Un- 
certainty of it as aforesaid ; By Order of the Committee. 

John Cushing 
Read & 

Ordered, That the Further Consideration, of this Report, be 

referred to the Next Session, and in the Mean time the Former, Order 
of this Court relating to the affair abovesaid be revived, and Stand 
Good So far, as it Concerns the Staying & Continuing the Several 
Actions &, Law Suits Depending and all other proceedings, Mentioned 
in the Said Order. \_Passed September 8. 



CHAPTER 36. 



Legislative 
Records of the 
Council, xi., 
233. 

House Jour- 
nal, p. 41. 



RESOLVE ALLOWING £500 TO HIS EXELLENCY THE GOV". 

Resolved 

That the Sum of Five hundred pounds be allowed, & paid out of the 
publick Treasury to His Exellency Samuel Shute Esq"^ Captain General 
& Gov' in Chief of this his Majesties Province, for his Support in man- 
aging the affairs of the Government. \_Passed September 9. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1721-22. 117 



CHAPTER 37. 

RESOLVE ALLOWING £250 TO THE TREASURER. 

Resolved Legislative 

That the Sum of Two huudred & Fifty pounds be allowed & paid coum^if, xi.* ^ 

out of the publick Treasury, to Jeremiah Allen Esq"^ Treasurer of this '^ 

Province, for his Service the Year past, in the Treasury & Supplying House .lour- 
the Garrisons. \_Passed September 9. na , p. 



CHAPTEK 38. 

RESOLVE ALLOW^ING £400 TO THE JUDGES. 



Resolved That the Sum of Four hundred pounds, be allowed & paid Legislative 
out of y*^ publick Treasury to The Honb'*' the Judges of the Superiour Sncn'xi.I''^ 

Court of Judicature, in proportion to the Courts, they attended last ':!?i 

Year. [Passed September 9. House Jour. 

■- ^ nal, p. 41. 



CHAPTER 39. 

RESOLVE ALLOWING £20 TO THE CLERK OF THE REPRESENTATIVES. 

In The House of Representatatives, Legislative 

Tfp 'inlvpd Record s of the 

JXehOluea Council, xl., 

That the Sum of Twenty pounds be allowed & paid out of the pub- '^ 

lick Treasury to William Payne Esq"^ Clerk of this House in part for House Jour, 
his Service the Year Curr^ "'*^' i'" "• 

In Council Read &, Concurred. \^Passed September 9. 



CHAPTER 40. 

RESOLVE ALLOWING £25 TO JOHN FLAGG DOOR KEEPER. 

Resolved Legislative 

That the Sum of Twenty Five pounds be allowed & paid out of the Council" xl?'*^ 
publick Treasury, to M' John Flagg, Doorkeeper to his Elxellency, the -■^■^- 
Gov'' & this Court for half a Years Service Ending the 26"" of June last. House Jour- 
[Passed September 9. "*'• ^'- *'^- 



CHAPTER 41. 

RESOLVE ALLOWING £2. 6 TO JOS: MARION. 

An Accompt presented by Joseph Marion of Writing done for this Legislative 
Court Amo' to the Sum of Two pounds & Six Shillings. Records of the 

rx) in Council, xi., 

[Read and] 234. 



118 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 42-44.] 



House Jour- 
nal, p. 42. 



Resolved, 

That the Sum of Two pounds & Six Shillings, be allow*^ and paid 
out of the publick Treasury to M' Joseph Marion to to ^ discharge the 
Said accompt. [^Passed September 9. 



CHAPTEK 42. 



Legislative 
Records of the 
Council, xi., 
234. 

House Jour- 
nal, p. 45. 
Province 
Laws, ix., 701, 
chap. 129. 



RESOLVE FOR A COMMITTEE TO INQUIRE AFTER THE STORES PRO- 
VIDED FOR THE C0MMSB8 TO AROWSICK. 

In the House of Representatives ; It being reported to this House, 
that Some of the stores provided for the Commiss'"' that went to Arow- 
sick, were not by them made use of. 

Resolved, That the Representatives of the Town of Boston, with 
Such as the Honb'° Board Shall appoint be a Committee to Enquire 
what Stores were left & make report to this Court Accordingly. In 
Council Read & Concurred & That Tho' Hutchinson & Tho' Fitch, 
Esq" be added to the Committee of of ^ the House for the affair afore- 
said. \_Passed September 9. 



CHAPTER 43. 



Legislative 
Records of the 
Council, xi., 
235. 

House Jour- 
nal, p. 46. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP DOVE. 

A Muster Roll of the Sloop Dove Isaac Bacon, Master in his Maj- 
esties Service, to Arowsick as a Transport, Containing an Acco' of the 
Hire of the S'' Sloop and Wages Due, to her Company from the 1^' to 
the 29"* of August 1721, Amo' to the Sum of £43. 11. 10. 

[Read and] 

Resolv^ That the Sum of Forty Three pounds Eleven Shillings, & 
Ten pence be allowed & paid out of the publick Treasury to M^ Isaac 
Bacon to discharge this Accompt. \_Passed September 9. 



CHAPTEE 44. 



Legislative 
Records of 
Council, xi. 
236. 

House Jour- 
nal, p. 46. 



the 



RESOLVE ALLOWING £40. 17 TO SAMUEL MEARS. 

An Accompt presented by Samuel Mears of Dining the Representa- 
tives Committees & Hire of his House for the Court c^c" A mo' to the 
Sum of £40. 17/. 

[Read and] 

Resolved, that the Sum of Forty pounds, & vSeventeen Shillings, be 
allowed & paid out of the publick Treasury to M'' Samuel Mears, in 
full discharge of the above accompt. \_Passed September 9. 

> Sic. 



[1st Sess.J Province Laws {Resolves^ etc.). — 1721-22. 119 



CHAPTER 45. 

ORDER FOR MAKING £8,000 IN BILLS OF CREDIT. 

Ordered, That the Committee that made the last Bills of Credit on this Legislative 
Province, be desired and directed to print off & Finish as Soon as may councif, xl*^^^ 

be, the Snm of Eight Thousand pounds, off the plate of the Highest -^ 

Denomination, & deliver them to the Province Treasurer, Taking his House Jour- 
Reciept for the Same, the Said Committee to be paid for their Ser- °^'P-*^- 
vices for the last they made. \_Passed September 9. 



CHAPTER 46. 

RESOLVE ALLOWING £7. 16 TO THO*^ COBBETT. 

An Accompt of Thomas, Cobbett of the Charge of Guarding the Legislative 
Doors of the Court at this Session amounting to the Sum of £7. 16/. councu' x?^^ 

[Read and] 238. 

Resolved That the Sum of Seven pounds & Sixteen Shillings be House Jour- 
allow'^ & paid out of the publick Treasury, To Tho^ Cobbett, to dis- ^^^'-i'-*^- 
charge the Said accompt. \_Passed SejJtember 9. 



120 



Province Laws {Resolves, etc.) . — L721-22. [Chaps. 47-49.] 



Legislative 
Records ot the 
Council, xi., 
241. 

House Jour- 
nal, p. 1. 
Province 
Laws, i., 315, 
chap. 4; 363. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON the Seventh Day of November, A.D. 1721. 



CHAPTER 47. 

VOTE RELATING TO THE COURTS SITTING AT CAMBRIDGE. 

Whereas the Great &, General Court or assembly stood prorogued 
to the first Instant and were then designed to have met at Boston, 
being the place mentioned, in the Law prescribing the Form of the 
Writts for Calling the General Courts ; and inasmuch as the Small 
pox is in all parts of the Town of Boston, and the Greatest: part of 
the Members, of this Court not having had the distemper forbids the 
Session being held there, for which reason his Excellency Issued out 
a proclamation. That the Session of the General Court should be held 
at Cambridge in the County of Middlesex, And Whereas the publick 
affairs of the Province demands a Speedy Session, The Members of 
the General Court being now met at Cambridge, & acquiescing with 
the reasons aforesaid, 

Resolved^ That the Great &, General Court or assembly. Shall & 
may be Now held at Cambridge aforesaid for the reasons aforesaid, 
and that No Exception or advantage, shall be taken hereby Respect- 
ing the power of Removing the General Court from place to place. 
\_Passed November 7. 



CHAPTER 48. 



Legislative 
Records of the 
Council, xi., 
243. 

Legislative 
Records of the 
Council, xi., 
235. House 
Journal, p. 3. 
Ante, |>. 110, 
chap. 18. 



RESOLVE ALLOWING 18/9 TO JOHN BROWN. 

An Accompt of John Brown for Subsistence of the Indian Hostages, 
when they were brought up to Cambridge, amounting to the vSum of 
Eighteen Shillings & nine pence 

[Read and] 

Resolved that the Sum of Eighteen Shillings & 9 pence be allowed 
& paid out of the publick Treasury to John Brown, to discharge the 
Said accompt. [^Passed November 9. 



CHAPTER 49 



Legislative 
Records of the 
Council, xi., 
244. 



VOTE ABOUT GOODS IMPORTED FROM NEW HAMPSHIRE. 

Whereas, In & by an Act Entituled an Act for Laying Sundiy Dutys 
on Goods, that shall be Imported into this Province from the Province 
of New Hampshire &C'' made & pass'' at the last Session of this Court, 



[2d Sess.] Province Laws {Resolves^ etc.). — 1721-22. 121 

in the Latter part of the first Enacting Paragraph, are the Words fol- ^firds^ot the 
lowing Viz' [for all (other)' Sorts of Goods Wares or Merchandize Council, xi., 
whatsoever, Ten per cent ad Valorem]. RecordYof tbe^ 

Resolved,, That Neither Boards, Staves nor any other Lumber, shall Sio""^'^"-' 
be Construed to be Comprehended in these Words, Goods Wares or Journal, p. 4. 
Merchandize, nor, shall they be Subjected to the 8*^ Duty or Impost Lawsffh, 230, 
of Ten per, cent ad Valorem and that if any person have paid Impost chap. 5. 
for any Boards Staves or Lumber, by Virtue of the aforesaid Act, The 
Impost officer is hereby directed to reimburse him So much monej' as 
he hath recieved on Such accounts, \_Passed November 9. 



CHAPTER 50. 

RESOLVE ALLOWING £2 TO GEORGE GRAY. 

A PETITION of George Gray a Soldier in the Service Eastward, pray- Legislative 
ing that he may be allowed, for the Loss of his Gun which was Burnt council^ xi! ^ 
at Falmouth. ^45. 

Read & House Jour- 

Resolved That the Sum of Two pounds be allowed & paid out of ° '^' '' 
the publick Treasury to the petitioner in Consideration of his Loss. 
\_Passed November 10. 



CHAPTEE 51. 

ORDER APPOINTING A COMMITTEE OF BOTH HOUSES FOR BURNING 
TORN AND DEFACED BILLS. 

In the House of Representatives Legislative 

0, , ^ Records of the 

rdered Council, xi., 

That, the Representatives of the Towns of Boston Charlestown & ^ 



Roxbury, with Such as the Houb'^ Board shall appoint be a Committee House Jour- 
in the recess of the Court, to recieve of the Treasurer Such Bills of 
publick Credit in his keeping, as are Torn defaced and unfit for Ser- 
vice, Taking an Accompt of the Number of Each Sort & the Sum of 
them Give the Treasurer a Reciept for them, burn the Said Bills to 
Ashes, & make a Report of their Doings therein to this Court, In 

Council Read & Concurred, and 

Order^ That Penn Townsend, Thomas Hutchinson & Tho' Fitch Esq" 
be Joined with the Committee of the House for the affair above. [_Passed 
November 10. 



CHAPTER 52. 

RESOLVE ALLOWING TREASURER ALLENS ACCO"^. 

An Accompt of money paid & disbursed, B}' Jeremiah Allen for Pro- Legislative 
visions Cloathing and other Necessaries for his Majesties P'orces East- couucif xi.'*^^ 

ward and other Incidental Charges for his Majesties Service from the -_^ 

3P' August 1721 to the 6"' Novemb"^ Following, Amounting to the Sum House Jour- 
of £1,657. 1.5. • Alilv'.m, 

[Read and] chap. 34. 

' The word in parentheses is omitted in Legislative Records of the Council, xi., 244. 



122 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 53, 54.] 



Resolved That the Sum of Sixteen Hundred & Fifty Seven pounds 
one Shilling & Five pence, be allowed & paid out of the publick Treas- 
ury to M"" Jeremiah Allen, to discharge the Within Accompt. \_Fassed 
November 10. 



CHAPTEE 53. 



Legislative 
Records of the 
Council, xi., 

248. 

House Jour- 
nal, pp. 49, 76 
(Nov., 1720) ; 
p. 9. 



RESOLVE ALLOWING £150 TO JOSIAH WILLARD ESQ^. 

A Memorial of Josiah Willard Esq"^ Sec'' of this Province, Shewing 
that the General Assembly at their session held Nov"' 2*^ 1720, were 
pleased in their allowance for the Memorialists, Service, to abate of the 
Sums Granted in the Former Years, "NMiich happened (as he Supposes 
& has been Informed) from a Mistake as to the Profitts of his office 
which (besides what he recieves from the publick) are very Small & In- 
considerable, and have more Especially been so the last year, Though 
the Necessary Charges have been much Encreased, and that the Courts 
Sitting out of Town, has occasioned him an pjxtrodiuary P^xpence, and 
a Loss of that time which he Used to redeem, for the Other Buisiness 
of his place, and therefore praying that this Court would Consider the 
premises and make him Such allowance for the Service of the last year 
as is Suitable to the Justice & honour of the Government, and the Im- 
portance & Trust of his office, and more P^specially, that they would 
please to make provision for a Clerk for want of which he is put upon 
Such Labour as does Manifestly Impair his health and is attended with 
other Inconveniences. 

[Read and] 

Resolved, That the Sum of one hundred, & Fifty pounds, be allowed 
& paid out of the publick Treasury to Josiah Willard Esq'' Secr^ for his 
Extrodinary Service, in the Year past. [Passed November 11. 



CHAPTER 54 



Legislative 
Records of the 
Council, xi., 
251. 

Legislative 
Records of the 
Council, xi., 
2.')0. House 
.Journal, p. 12. 
Ante, p. 120, 
chap. 48. 



VOTE ACCEPTING THE COMMITTEES REPORT ABOUT Y^" HOSTAGES. 

Penn Townsend Esq'' from the Committee appointed to Consider, 
about the Indian Hostages, Gave in the following Report, Viz', Pur- 
suant, to the Within Order, The Committee, therein Named mett & find 
itt difficult to form any projection better for Securing the Indian Hos- 
tages, than by Continuing them in Cambridge Goal, where they now be. 

And upon View of the S'' Goal, The Committee are of Opinion that a 
Small matter of Charge, will Secure them So as to prevent any Escape, 
and that the Prison keeper be directed, to take due Care, to prevent 
persons Coming to them that ma}'^ probably Flndanger, their Being In- 
fected, with the Small Pox, or faciliate their Escape : all which is hum- 
bly Submitted, Penn Townsend in the name of the Commt®" 

In Council Read & Accepted, 

In the House of Representatives Read & Concurred, and that Edmund 
Goffe & William Hutchinsons Esq" be a Committee to look after the 
Securing of the Goal ; and the Charge of it to be paid one half out 
of the publick Treasury, and the other half by the County of Middle- 
sex, In Council Read &, Concurred. \_Passed November 14. 



[2d Sess.] Province Laws (Besolves, etc.). — 1721-22. 



123 



CHAPTER 55. 



RESOLVE FOR AN ALLOWANCE TO THE POOR OF THE TOWN OF BOSTON. 



House Jour- 
nal, p. 1-2. 



Whereas bj' reason of the Small Pox, So Generally prevailing in the Legislative 
Town of Boston, many persons are reduced to Very Great Strieghts & councif.xi./ 

Necessitous Circumstances, who Otherwise, would have been in a Capac- ^^ 

ity, to have Subsisted their Families in Comfortable Circumstances. 

Resolved, That the Sum of one Thous'' pounds, be allowed & paid 
out of the publick Treasury to the Select men and the Overseers, of 
the poor of the Town of Boston, to be distributed among Such per- 
sons, as they shall account to Stand in Need of Relief for the reasons 
aforesaid. [Passed November 14. 



CHAPTER 5Q. 

VOTE FOR REMOV« THE COURTS IN MIDDLESEX. 

WHEREAS, the Court of General Sessions of the peace, &. Inferiour Legislative 
Court of Common pleas for the County of Middlesex, is appointed by council, xi.. 

Law to be held at Charlestown upon the Second Tuesday of Decem- -^ . 

ber next, and the Said Town of Charlestown is much Infected with House Jour- 
the Small Pox, So that Many members, of the Said Courts & others province' 
Concerned in attendance will be in Danger of Taking the Infection. ^h^%V3«»'' 

Ordered, That the Said Court be removed to the'Town of Con- chap. •>• iis! 

cord, within the Said County of Middlesex, and be there held & kept 
at tlie Said Town of Concord on the Second Tuesday of December next 
aforesaid. Any Law Usage or Custom to the Contrary notwithstand- 
ing. \_Passed November 14. 



CHAPTER 57. 



RESOLVE ALLOWING £10. 11 TO ELEAZAR FLAGG. 



Legislative 
Records of the 
Council, xi., 
252. 



An Accompt of Eleazar Flagg for Subsisting Twentj^ Souldiers, Im 
pressed, for his Majesties Service, Amo' to the Sum of £10. 11/. 
[Read and] 

Resolved House Jour- 

That the Sum of Ten pounds Eleven Shillings,^ be allow"* and paid °^'' p- ^^• 
out of the publick Treasury, to Major Eleazar Flagg to discharge the 
Said accompt. [^Passed November 14. 

' The resolve as passed in the House Nov. 13, 1721, appears to have been in the follow- 
ing form, viz. : — 

"" Resolved, That the Sum of £10. 4. 6 be Allowed and Paid out of the Publick Treasury 
to 'M.&ior Eleazer Flagg, to discharge said Accompt." — House Journal, p. 11. 



124: 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 58, 59.] 



CHAPTEE 5^. 



RESOLVE ABOUT A GRANADA SHELL THROWN INTO D« MATHERS 

HOUSE. 



Legislative 
Records of the 
Council, xi., 
•254. 

Executive 
Records of the 
Council, vii., 
316. House 
Journal, p. 15. 



WHEREAS, This House is well Informed that on Tuesday morning 
last Some hours before day, a Granada Shell, Loaded with Combusti- 
ble matter and a Lighted Fuse, to it, was by some Unknown Villain, 
thrown into the House of the Revr*^ D'' Cotton Mather in Boston, through 
the Glass of the Window of one of the Chambers, to the Great Terror, 
Of the Family &, Endangering of the Neighbouring houses 

Resolved, That the Sum of Fifty pounds, be allow*^ and paid out of 
the publick Treasui'y, to Such person or persons, as Shall discover the 
Author of the above Said Wickedness, So that he be brought to P^xem- 
plary Justice, and that his Exellency the Gov^ be desired to Issue out 
his Proclamation accordingly. \_Passed November 15. 



CHAPTER 59. 



Legislative 
Records of the 
Council, xi., 

254. 

House Jour- 
nal, pp. 17, 18. 
Province 
Laws, ii., 211, 
chap. 3; 219. 



ORDER FOR CONTINUING THE SUPERIOUR COURT IN THE COUNTIES 
OF SUFFOLK AND MIDDLESEX. 

Whereas, the Superiour Court of Judicature Court of Assize & Gen- 
eral Goal Delivery for the County of Suffolk by reason of the Small 
Pox in Boston was Ordered by this Court, to be holden & kept at Rox- 
bury for the Said County, on the First Tuesday of Nov"' last, and by 
reason of the Sitting of the General Court at the Same time was by the 
Justices of the Said Superiour Court adjourn'^ to the Fifth of December 
Next, but the Small Pox being and Increasing in the Said Town of Rox- 
bury. So that Several of the Justices of the Said Court, & others Con- 
cerned in attendance, may be in Danger of taking the Infection. 

Ordered, That all Actions, Suits, «& processes, appeals. Re- 

views, Recognizances, Tryalls, & other matters & things, that were 
to be heard & detirmined, at and by the Said Court, which was to 
have Sat the First Tuesday, of this Instant November, and adjourned 
as Aforesaid, be further Continued, to the Superiour Court of Judica- 
ture Court of assize & General Goal Delivery, to be Holden at Boston 
for the Said County on the First Tuesday of Ma}' next, Or otherwise 
to be adjourned, with respect to time & place, as the Gov"' & Council 
in the recess of the General Court shall See most Safe,^ And AVhereas 
the Superiour Court of Judicature Court of assize & General Goal 
Delivery, appointed by Law to be holden & kept at Charlestown in 
the County of Middlesex, on the last Tuesday of January and the 
Town of Charlestown is much Infected with the Small Pox, whereby 
Some of the Justices of the Said Court and others Concerned in at- 
tendance, may be In Danger of taking the Infection there also. 

Ordered, That all Actions Suits processes Appeals Reviews & Re- 
cognizances, Tryalls & other Matters & things that by Law are to be 
heard and detirmined, at & by the Said Court, be Continued to the 
Superiour Court of Judicature Court of Assize & General Goal De- 
livery, to be holden at Cambridge, the last Tuesday of July next for 



• "And convenient," House Journal, p. 18. 



[2d Sess.] Province Laws {Resolves, etc.). — 1721-22. 125 

the S*^ Couuty of Middlesex, Or be otherwise adjourned in Respect of 
Time & place, as the Gov"^ & Council, iu the Recess of the General 
Court, Shall see most Safe & Convenient. [^Passed November 16. 



CHAPTER 60. 



RESOLVE ALLOWING £15 FOR ABIGAIL CLARK. 



A PETITION of Abigail Clark, praying an allowance, in Consideration Legislative 
of the Wounds her husband (Lately dec'^) Received, in the publick c^unctf, xl!''^ 

Service and the Charge of his funeral. '^ 

[Read and] House Jour- 

Mesolved, That the sum of Fifteen pounds be allowed & paid out ^^ ' ^' ^^' 
of the publick Treasuiy, to John Wainwright Esq"", <& M"" Nath' Kuol- 
tou for the Use of abigail Clark, the petitioner. [^Passed November 16. 



CHAPTER 61. 

RESOLVE ALLOWING £15 TO HUGH PIKE. 



A PETITION of Hugh Pike praying an allowance from this Court for Legislative 
wounds he recieved, iu the publick Service against the Indian Enemy, coundf, xl!^^ 
by which he is disabled, from doing any thing for the Support, of him- '^ 

self & f^amilv, House Jour- 

[Readand] ^"^'P-^'^- 

Resolv'' That the Sum of Fifteen pounds be allowed &, paid out of the 

publick Treasury to Hugh Pike the petitioner, for the reason therein 

Mentioned. \_Passed November 16. 



CHAPTER 62. 

RESOLVE ALLOWING £4 TO EDM" ANGIER. 



An Accompt of Edmund Angier of Subsisting Twenty Souldiers Legislative 
(Impressed in his Majesties Service) Four days, by Order of Jonas councu*, xl!'^^ 
Bond Esq% Amo' to Four pounds '^^- 

[Read and] House Jour- 

liesolved that the Sum of Four pounds be allowed & paid out of the ^^^' ^' ^^' 
publick Treasury to M' Edm'* Angier to discharge the Said Accompt. 
\_Passed November 16. 



CHAPTER 63. 

VOTE RESPECTING THE EASTERN INDIANS. 



In THE House of Representatives this Court having now Resolved, Legislative 

Records of tlic 

that they have Still Sufficient reason to prosecute y"' Eastern Indians, council, xi., 
for their Late Rebellion at Arowsick. ?2l: 



126 



Province Laavs (liesolves, etc. ) . — 172 1-22 . [Chap. 64. ] 



Legislative 
Records of the 
Council, xi., 
202,249. House 
Joixrnal, p. 22. 
Province 
Laws, ii., 228, 
chap. 2. 
Ante, p. 28, 
chap. 58. 



Voted, That Effectual Care be taken to prevent auy trade or Com- 
merce with those Indians, Pursuant to an Act, of this Government, at 
their last Sessions, And That His Excellency be desired to Give Strict 
Charge to the officers in pay, of this Government, to See that the afore- 
said act, be duely kept and observed, Each Commissioner officer to 
have a Copy, And the Act to be Read, once a Month, at the Head of 
Everj' Company The Government, Justly Expecting that if an}' Breach 
of the Same, come to their Knowledge, they Inform thereof, that it may 
be prosecuted as the Law directs. 

That but Two hundred Good Effective men of the Three hundred 
& fifty, already out in the Service of this Government, on the Eastern 
Frontiers, be Still Continued in the Service till further Order of this 
Government, The one hundred men that were first Impressed to be dis- 
missed if they see Cause. That his Excellency be desired to Give 
Orders that one half of the Two hundred men, be posted in the most 
Suitable & Convenient places for Securing those Eastern plantations ; 
The Other half to be Employed in Travelling to discover the Countrey 
& the Indians Carrying places. The keeping in Garrison, & march^ to 
be performed, by the Forces alternately. 

That, Oosomochis, Amisanara, Albemingis Wowenungitt, Quere- 
buruit, Otohbahanet, & Nath' The Fomenters, and Instigators of the 
many Outrages, and Injuries from time to, time, done upon the people, 
there together, with Such Other Indians, as are deemed the principall 
Movers, in the late Rebellion, & Insults of the Indians, be Siezed & 
Secured and Sent to Boston, and that his Exellency be desired to Give 
orders, to the Commanding officer of the Forces, to use their Utmost 
Care, that those persons be Seized & Secured as afores*^ 

That, it will be of Singular Service to this Province, That Mons^ 
Rallee, a French priest or Jesuit residing there be apprehended, & 
rendered to Justice, for his Instigating and Stirring up the Indians, 
to their most Villanous, Outrages from time to time offered to his 
Majestys Leige people. Inhabitants of this Province, that therefore 
a Reward of Two hundred pounds be allowed & paid out of the pub- 
lick Treasury, to Such person or persons whither English Or Indians, 
as Shall take & Convoy, Mons"" Rallee to Boston, or any other French 
Priest or Jesuit, that may be found in this Province, it being Contrary 
to a Good & & ^ Wholsome Law of this Province for any Such person 
to reside their. 

The House being humbly of opinion. That if these Methods be pur- 
sued, it wull (by the Blessing of God) Reduce those Indians to Straits 
& difficulties, as will Necessitate them to Come & offer, proper Sub- 
mision, to this Government, and make Satisfaction for their repeated 
Wrongs & Injuries, which will be a means, to Encourage our Settle- 
ments in those parts. 

In Council, Read & Concurred. [Pos.s-erf November 17. 



CHAPTEE G^ 



RESOLVE ALLOWING £86. S. 9 TO DISCHARGE SAM''- WILLARDS ACCO^' 
OF A SCOUT ON THE WESTERN FRONTIERS. 



Legislative 
Records of the 
Council, xi., 
259. 

House Jour- 
nal, p. 21. 



An Accompt presented, by Samuel Willard of tlie Subsistence of 
himself, & Eight, other Troo])ers, Employed as A Scout, on the West- 
ern Frontiers, from Sepf 22'', to Nov' 15"' 1721 ; Amo' to the Sum 
of £86. 8. 9. 

[Read and] 



• Sic. 



[2d Sess.] Province Laavs {Resolves, etc.). — 1721-22. 127 

Resolved, That the Sum of Eighty Six pounds Eight Shillings & 
nine pence, be allowed «fc paid out of the publick Treasury, to dis- 
charge the S'' Accompt. [Passed November 1 7. 



CHAPTER C:,5. 

RESOLVE ALLOWING £22. 6. 10 TO EDWARD WINSLOW ESQ. 

An Accompt Presented by Edward Wiuslow, Esq' of the repairs of Legislative 

his Exellencys house, amo' to the Sum of £22. 6. 10. Snclf x* ^''^ 

[Read and] ^59- 

Resolved that the Sum of Twenty Two pounds Six Shillings & 10"^ House Jour^ 

be allowed & paid out of the publick Treasury to ]\P Slierriff Winslow, ^^ ' ^^'" "' '^' 

in full discharge of the Within Accompt. [Passed November 17 .^ 



CHAPTER 66. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GARRI- 
SON AT NORTHFIELD. 

A Muster Roll of the Garrison at Northfield, under the Command Legislative 
of, Sergeant Joseph Kellog, Containing an accompt of their Wages & councif, xi.!'^^ 
Subsistence, from Augs' 24*'' to the last of Nov'' 1721. being Fourteen -^J^- 
Weeks, together with the Surgeous Bill amo' to, £88. 12. 8. House .Jour- 

[Read and] "^''i'-^^- 

Resolvf-d, 

That the Sum of Eighty Eight pounds. Twelve Shillings & Eight 
pence, be allowed & paid out of the publick Treasury to Samuel Par- 
tridge, Esq"' in full discharge of the Said Accompt. [Passed Novem- 
ber 17. 



CHAPTER 67. 

RESOLVE ALLOWING £500 TO HIS EXCELLENCY THE GOVERNOUR. 

Resolved, that the Sum of Five hundred pounds be allowed & paid Legislative 
out of the publick Treasury to His Excellency Samuel Shute, Esq-- SunSf.xi.!'''^ 

Cap' Generall & Gov'' in Chief of this his Majesties Province for his '^ 

Support, in Managing the affairs of the Government. [Passed Novem- House Jour- 
berl7. nai.p.24. 

CHAPTER QS. 

RESOLVE ALLOWING £30 TO WILLIAM PAYNE ESQ«. 
In the House of Representatives ; Legislative 

T>.„^7 .^,7 Records of the 

Resolved, Council, xi., 

That the Sum of Thirty pounds be allowed and paid out of the pub- '^ . 

lick Treasury, to William Payne, Esq"' Clerk of this House for his Ser- House Jour- 
vice in the Year Currant. > p- - • 

In Council ; Read & Concurred. [Passed November 17. 

1 There is a slight verbal difference between the foregoing and the House Journal, pn. 
20, 2L . ^ ^^ 



128 



Pkovince Laavs {Resolves, etc. ) . — 1721-22. [Chaps. 69-72.] 



CHAPTER 69 



liegislative 
Records of the 
Council, xi., 
260. 

House Jour- 
nal, p. 24. 



RESOLVE ALLOWING £25 TO JOHN FLAGG. 

Resolved, That the Sum of Twenty Five pounds, be allowed & paid 
out of the publick Treasury, to M"^ John Flagg, Doorkeeper to his Ex- 
elleney the Gov"" & this Court for his Service half a year Ending the 
Twenty Sixth of December Next. \_Passed November 17. 



CHAPTER 70. 



RESOLVE ALLOWING £2. 4 TO JAMES CLARK. 



Legislative 
Records of the 
Council, xi., 
260. 

House Jour- 
nal, p. 21. 



An Accompt of James Clark for his attendance on the Court this 
Session, & his Ringing the Bell for their meeting amo' to £2. 4/. 

[Read and] 

Resolved, That the Sum of Two pounds & Four Shillings be 

allowed & paid out of the publick Treasury to James Clark to dis- 
charge the Said accompt. \_Passed November 17. 



CHAPTER 71. 



RESOLVE ALLOWING £5 TO JN^ FLAGG. 



Legislative 
Records of the 
Council, xi., 
260. 

House Jour- 
nal, p. 24. 



A PETITION of John Flagg praying au allowance for his Extraordi- 
nary Service in attending the General Court at Cambridge & at the 
George Tavern. 

Read and 

Resolved, That the Sum of Five pounds be allowed & paid out of 
the publick Treasury, to John Flagg, Doorkeeper For the Reasons 
therein mentioned. \_Passed November 17. 



CHAPTER 72. 



Legislative 
Records of the 
Council, xi., 
261. 

House Jour- 
nal, p. 8. 



RESOLVE ALLOWING £2L 13. 4 TO NICHOLAS BOON. 

4n Accompt presented by Nicholas Boon of printing the Votes of 
the House for the last Session, Amo' to the Sum of £21. 13. 4. 

[Read and] 

Resolved, 

That the Sum of Twenty one pounds, Thirteen Shillings and Four 
pence be allowed & paid out of the publick Treasury to M"" Nicholas 
Boon to discharge the S** Accompt. [Passed November 17. 



[3d Sess.] Province Laws (liesolves, etc.). — 1721-22. 129 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Second Day of March, A.D. 1721. 



CHAPTER 73. 

RESOLVE ON MOSES SMITH'S PETITION, CONFIRMING TITLE TO LAND. 

A PETITION of Moses Smith, Shewing, That the Indian Meeting Legislative 
House at Natick is very much decayed & out of Repair, and, that coundf xi.**^^ 
the Inhabitants had agreed with him to fit & repair the Same, for 264. 
which he is to have Forty Acres of Land Lying on the South west House Jour- 
Side of Pagon Hill, and praying a Confirmation of the Said Land to "'^'•p-^- 
him & his Heirs. Read and 

Resolved, That the prayer of the petition be Granted. [Passed 
March 6. 



CHAPTER 74. 

ORDER ON PETITION OF Y^ TOWNS OF CONCORD SUDBURY &c* ON 
CONCORD RIV^ COMPLAINING OF A NEW DAM. 

A PETITION of Divers of the Inhabitants of Concord, Sudbury, and R^^'^^f!*^! tii 
other the Neighbouring Towns, Shewing that they have formerly been Council, xi., 

much Benefited by the Fish Coming up Concord River, but Since the — 

Erecting a Mill Dam thereon within the Town of Bilrica, By Christo- Reford"Jnhe 
pher Osgood, The Fish have been almost Wholly Obstructed from pass- Council, x., 
ing up. That they Conceive the Said Dam to be Erected Contrary to R^co?d^^ot"the^ 
Law the River being thereby Stopped and a Great Quantity of their £°"."<;,^^> ^"••. 
Land Laid under Water, that the Said Osgood being directed by the Hou8e''iour- 
Commissioners of Sewers to remove the Said Dam utterly neglects & "^'' p- ^• 
refuses it, and therefore praying that Nothing may be Revoked, of the 
power Given to the S'* Commission" But that Such Farther Strength, 
& authority may be Given them as this Court in their Wisdom may 
think meet. 

Read & 

Ordered, That the Petitioners Serve the adverse party, with a Copy 
of the petition, that he may shew Cause (if any he have) Why the 
prayer of the petition, may not be granted, on the Second Wednes- 
day, of the Next Session. [Passed March 6. 



130 



Province Laws {Besolv&s, etc.). — 1721-22. [Chaps. 75-78.] 



CHAPTER 75. 



RESOLVE ON JOHN WODDENS PETITION FOR LAYING OUT LAND. 



Legislative 
Records of the 
Council, xi., 
2«7. 

House Jour- 
nal, p. 5. 



A PETITION of John Woclden, shewing that a Tract of Land was 
Granted, by the General Court to his Father John Wodden dec'* Con- 
tain^ one hundred & fifty acres & was laid out to him on the North 
Side of Merriraeck River which was Given by the last named John 
Wodden to the petitioner, but by reason of a Long War, no Care was 
taken to keep up the Bounds, So that they are In a Great Measure 
Lost, and praying Liberty to have the Land, Laid out a New, as near 
the place as possible, by men under Oath, and a Return made to this 
Court, for their Coufirmation. 

Read & 

Resolved., that the prayer of the petition be Granted (Provided the 
Grant, hath not been already taken up) Any Law Usage or Custom 
to the Contrary Notwithstaud^ and Not Infringing upon any former 
Graut. \_Passed March 7. 



CHAPTEE 76. 



RESOLVE ALLOWING £5 TO JOSIAH WILLARD. 



Legislative 
Records of the 
Council, xi., 
269. 



Resolved^ that the Sum of Five pounds, be allowed & paid out of 
the publick Treasury to Josiah Willard, Esq'' Secr^ for So much he 
advanced to Rowland Dyke, who was Sent Express to the officers 
Eastward. \_Passed March 9.^ 



CHAPTER 77. 



RESOLVE ALLOWING £22. 13 TO JOSIAH WILLARD. 



Legislative 
Records of the 
Council, xi., 
270. 



An Accompt presented, by Josiah Willard, Esq"" Secretaiy of fees 
for writing &c* done in his office, from August 24"^ to March P' 1721, 
amo' to £22. 13/. 

[Read and] 

Resolved that the Sum of Twenty Two pounds Thirteen Shillings be 
allowed & paid out of the publick Treasury, to Josiah Willard, Esq' 
Secfy to discharge the Said Accp'. \_Passed March 9. 



CHAPTER 78. 



RESOLVE ALLOWING £15. 10. 3 TO BENJ^ ELIOT. 



Legislative 
Records of the 
Council, xi., 
270. 



An Accompt presented by Renj" Eliot of Laws delivered to the 
Sherriff of the County of Suffolk, for the Several Towns in the Prov- 
ince, and the members of the General Assembly, Stationer's Wares 
for the Council Chamber, t^c" amo' to £15. 10. 3. 

* See House Journal, June 2, 1722, p. 6. 



[3d Sess.] Province Laws (liesolves, etc.). — 1721-22. 131 

[Read and] 

Resolved, That the Sum of Fifteen pounds Ten Shillg^ & 3*^ pence ^ 
be allowed & paid out of the publick Treasury to Benj"^ Eliott, Sta- 
tioner, to discharge the Said accompt. \^Passed March 9. 



CHAPTEK 79. 

ORDER FOR REMOV« MIDDLESEX COURT FROM CHARLESTOWN TO 

CONCORD. 

Whereas, the Court, of General, Sessions of the peace, & Inferiour LegisiatiTe 
Court of Common Pleas for the County of Middlesex, is appointed by Kicu.xif'' 

Law to be held at Charles town upon the Second Tuesday of March ^j^ 

Instant, and the Said Town, having been Lately Very much Infected Province 
with the Sm'^ Pox, So that many of the members of the Said Court chap!'iV'36!),' 
and others Concerned, in attendance may be in Danger of Taking the chap. 2; 4i8. 
Said Infection. 

Hesolved & Ordered, 

That the Said Court be removed, to the Town of Concord, within 
the S** County of Middlesex and be held & kept at the S"^ Town of 
Concord, on the Second Tuesday of april Next, and that all Originall 
process Judicial, Proceedings, Precepts Bail Bonds or other Thing, 
or Things whatsoever, returnable at the Said Court, of General Ses- 
sions, of the peace or Inferiour Court of Common pleas shall Stand, 
& Continue unto the Said day, & may be there hear*^ pleaded & pro- 
ceeded on, & all, Parties, that have Day by any Writts pleas Actions 
Suits, Precepts or other Thing or Things whatsoever at or In Either 
of the S'' Courts, appointed to be holden at Charles town, as aforesaid, 
shall Respectively appear at the Said Courts to be holden at Concord, 
on the S'^ Second Tuesday of April under Penalty of Forfeiting their 
Bail Bonds, or any other Penalty, that might have Incurred, upon the 
Said Parties, for not appearing at the Said Courts respectively at 
Charlestown on the Second Tuesday of March, as aforesaid, and all 
Grand Jurors or Petit Jurors, Chosen or to be Chosen, to Serve at 
the Said Courts, or for the Year, are hereby obliged, to appear and 
Serve as if the Said Courts, had been held at Charlestown on the 
Second Tuesday of March as aforesaid. Any Law Usage or Custom, 
to the Contrary notwithstanding. \^Passed March 9. 



CHAPTER 80. 

ORDER ON DANIEL OLIVER & W*' WELSTEAD ESQ'*" THEIR PETITION 
AS GUARDIANS FOR SALE OF WARD'S INTEREST IN A MILL. 

The Petition of Daniel Oliver and William AVelstead, Esq" Guar- LegieKitive 
dians to the Children of Grove Hirst, Esq-- & Executors of bis last counco, xi.!"^ 
Will & Testament, pray" that they may have Liberty to Sell the parts 271. 
of the Mills on Neponset, River, belonging to the Said Children, The Province 
profitt of the Same being Very Inconsiderable. No"59'.^'^»ite; 

Read & p- iis/ciiap. 31. 

Ordered; That the prayer of the petition be Granted, and that the 
petitioners have Licence, to bring in a Bill accordingly. [Passed 
March 14. 

' Sic. ■ 



132 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 81-84.] 



CHAPTER 81. 



Legislative 
Records of the 
Council, xi., 
271. 



VOTE FOR A NEW INDEX FOR THE LAW BOOK. 

Resolved^ That a New and more perfect Index be Composed for the 
Law Book at the Charge of the Province, and one of them be delivr^ 
to Each of the present Members, for the use of their Town And that 
Addington Davenport, Paul Dudley, Esq" & the Secretary, be a Com- 
mittee for the effecting the Said AVork. \_Passed March 14. 



CHAPTER 82. 

ORDER ON PETITION OF NATHi- HUBBARD & OTHERS OF DORCHESTER 
TO BE SET OFF TO DEDHAM. 



Legislative 
Records of the 
Council, xi., 
272. 



A PETITION of Nath' Hubbard, & Sundry other Inhabitants of Dor- 
chester Liv^ on the Northwest Side of Neponset River, Sliewing that 
they are at a Great distance, from both the Churches in the Said Town, 
to the Support of which they are Taxed, and that they are much nearer 
to the Church at Dedham, where they Constantly attend, and think 
themselves Obliged to Contribute, and therefore praying that they 
may be Sett off from their Respective Parishes, in Dorchester afores*^ 
and annexed, to, the Parish in Dedham. 

Read & 

Ordered^ That the Town of Dorchester be Served, with a Copy of 
this Petition, that they may shew Cause, (if any they have) on the 
Third, Wednesday, of the May Session, Why the prayer of the peti- 
tion, may not be Granted. \_Passed March 15. 



Legislative 
Records of the 
Council, xi., 

272. 

Ante, p. 79, 
chap. 1. 



CHAPTER 83. 

ORDER FOR CONFIRMING THE NEW GRANT TO THE TOWN OF SHER- 
BURNE. 

M^ John Death, Representative of the Town of Sherburne, hav^ 
produced a receipt from the Treasurer, for the paym' of Ninety Two 
pounds. Ten Shillings the. Value of the Lands, allowed them the Last 
may Session at Six pence p"" acre, desired the money might be accepted 
(though it was not paid, by the time pi'oposed, by the. General Court) 
And, that the Three Thousand Seven hundred Acres of Land then added 
to the Town of Sherburne, may be Confirm'^ to them, Read, & 

Ordered., That, the Said money be accepted, and the S'^ Land be 
accordingly Confirmed, to the Said, Town of Sherburne. \_Passed 
March 15. 



CHAPTER 84. 



ORDER ON MARGK'' WRITINGTONS PETITION FOR POWER TO SELL 

LAND. 

Records^of the ^ PETITION of Mai'garett Writington of Newport in the Colony of 
Council, xi., Rhode Island, Widow praying that she may be Impowered, to Sell 
Several Lotts of Land in the Township of Little Compton, (left to 



273 



[3d Sess.] Province Laws {Resolves, etc.) . — 1721-22. 133 

her by her Father (Tho' Ward in fee Tail) for the payment of her , 
Debtes and the Support of her Children. Read & 

Ordered; That the petitioner be Irapowered, with Consent and ap- 
probation of the Judge of the Probate of Wills, for the County of 
Bi'istoll, to Execute a Good and Sufficient Deed or deeds in the Law, 
for the Sale of the Severall Lotts, Lying in the Township of Little 
Conipton, Left to her by her Father, Except those Tracts, marked in 
the Margin, of the apprizem' of the Said Lands, by John Wood, Wil- 
liam, Peabody & Tho' Gray, (amo' to the Sum of Five hundred pounds) 
Provided the Judge of Probates take effectual Care and Sufficient Se- 
curity, that the money produced by the Sale, be applied, first to the 
payment of the petitioners Just Debts, and the remainder thereof, to 
the Support of Her & her Family, and, that she have Leave to bring in 
a Bill accordingly. \_Passed March 16. 



CHAPTEK 85. 

ORDER ON THE PETITION OF JOHN BILLINGS & OTHERS OF DORCHES- 
TER FOR A NEW TRIAL. 

Resolved, That the Meeting of the Proprietors of Dorchester, in the Legislative 
Year 1718, and the Several adjournments thereof, by Virtue of a War- couS xl!''^ 
rant of M' Justice Lynde be held and deemed, Good & Valid, The ^ 



absence of the Moderator, and the other Objections made thereto not- Ante, p. iie, 
withstanding, and that the petitioners be Enabled to have a Tryall at ^ ''^p'^'- 
the Next Superiour Court for the County of Suffolk tfec" by a Jury, The 
Costs hitherto to remain as they are. \_Passed March 16. 



CHAPTER 86. 

RESOLVE ON BLAKE & SUMNERS PETITION COMPLAINING OF A JUDG- 
MENT AGAINST THEM FOR CRIME. 

A PETITION of Jonathan Blake George Sumner William Sumner, & r^^'^I?*^^! *!, 
Edward Sumner Shewing that they being Summoned to the Superiour council, xi., 

Court at Boston, as AVitnesses in the Case of Nath' Glover, &, Joseph ?I1: 

Hall, under a presentment for Fraudulently Razing altering & adding ^Jj^^y^^^rf 144 
Certain Words, to a Warrant, found themselves to their Great Sur- xo.cV. 
prize, presented for the Same Crime of which they were very Inno- 
cent, That they were found Guilty by the Jury & fined by the Court, 
praying that they may be admitted to a New Tryall, before the S'* 
Court or otherwise Relieved, as to their Good name. In the House 
of Representatives Read & 

Resolved, that the prayer of the petition be Granted, and that the 
petitioners be allowed, to bring in a Bill, accordingly. In Council 
Read & Concurred, Provided all the Evidences at the Former Trj^all, 
may be had at the Trial hereby allowed. 

In the House of Representatives ; Read & Concurr*^. [Passed 
March 16. 



134 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 87-89.] 



CHAPTER 87 



ORDER FOR A COMMITTEE OF BOTH HOUSES ON THE AFFAIR OF SUD- 
BURY WEST MEETING HOUSE. 



Legislative 
Records of the 
Council, xi., 
•277. 

Legislative 
Records of the 
Council, xi., 
276 Us. Prov- 
ince Laws, ix., 
461, chap. 155. 
Atite, J). SO, 
chap. 4. 



In Council ; the Board having non Concurred the Vote of the Honb'" 
House, referring to the placing the Meeting House of, Sudbury, & hav- 
ing also Considered, the Great dissatisfaction, of the Inhabitants on the 
West Side, of the Said Town, with the Order of the General Court at 
their Session; Dec"^ 1715, appointing the place of the Meeting House, 
on the West Side Near Poplar Swamp Gutter between the Said Gutter, 
and Hart Pond. 

Voted, That, William Tailer, Paul Dudley and Samuel Thaxter, Esq", 
with Such as the Honb''^ House shall appoint be a Committee, once more 
to View the Several places proposed, or that may be proposed for the 
Meeting House on the West Side of the River, and Report where it may 
be placed most Conveniently, for the Accomadating the Inhabitants on 
that Side the River, So always, that the Salary, of the Revr*^ M'' Lor- 
ing, be no ways diminished. In the House of Representatives ; Read, 
& Concurred, and, 

Voted that M' Ebenezer Stone, M"" William Wilson, M"^ Jabez Fair- 
banks, & Francis Bowman, Esq" be added to the Committee, and, that 
the Town of Sudbury be at the Charge of the Committee. 

In Council ; Read & Concurred. \^Passed March 20. 



CHAPTER 88 



ORDER OF HEARING ON PETITION OF SELECTMEN OF MENDON, PRAY- 
ING SUSPENSION OF AN ORDER OF THE COURT. 



Legislative 
Records of the 
Council, xi., 
278. 

Province 
Liiws, ix.,6'J3, 
chap. 106. 
Ante, p. 89, 
chap. 23. 



A PETITION of the Select Men of Mendon, in behalf of the Said Town, 
praying, that, the Orders of this Court pass'* on the Petition of Samuel 
Comestock, & John Foster, at the Sessions Nov'' 1719 & May 1721, be 
reversed, or that the Court would Suspend, any further proceedings, 
thereon untill the petitioners be heard. Read & 

Ordered, That a Hearing be had at the Session of this Court in May 
Next, The adverse party being Served with a Cop}- of this petition, & 
Order thereon. Seasonably (Provided, That the Town of Mendon be at 
the Charge of a Skilfull Surveyor to go to Mendon, &, make a platt of 
the Township, Conformable to the Return of Joshua Fisher, on the Gen- 
eral Courts Grant to Mendon May 15* 1667. and then Confirmed, and 
That Cap' William Ward, be the Surveyour.* \_Passed March 21. 



CHAPTER 89. 



RESOLVE FOR EMITTING £12,000 IN BILLS OF CREDIT AND PROVIDING 
SECURITY: PAYMENT IN COMMODITIES. 



Legislative 
Records of the 
Council, xi., 

279. 



Resolved, That the Treasurer, be and hereby is directed, to Issue 
forth and Emit the Sum of Twelve Thousand pounds, in Bills of Credit 
on this Province, Plight Thousand pounds part thereof was delivr** to 

» No close of the parenthesis is [i\\n\ in either copy of the record. 



[3d Sess.] Province Laws {Resolves, etc.). — 1721-22. 135 

him, by the Committee that made the Said Bills, pursuant to a Resolve, Legislative 
of the General Court at their Session in Augs' last past, Together with, counrif, xi., ^ 
Four Thousand pounds. Residue thereof which is or will be brought into ?p' 2<i«, 2"i. 

X roviiicG 

the Treasury, by Taxes, Duties, of Impost Excise, & the Interest of Laws, ii., 236. 
the Loans, for the Necessary defence, & Support of the Government, ciiap!]'i;^!ii9 
& for the Protection and Preservation of the Inhabitants thereof to be ciiap. 45! 
used and disposed of as is hereby directed, in Manner Following ; Viz' 

That the Sum of Eight Thousand pounds, part of the aforesaid 
Twelve Thousand pounds, be and hereby is Appropriated, to and for 
the Supplying Supporting & paying the Charge of Castle William, and 
the Other Forts & Garrisons within this Province, as also the Soul- 
diers, with the officers Wages, arising for their Service (Provided the 
Muster Rolls or any accompts of Charge or Expence on y*" Castle Forts, 
or Garrisons shall not be paid, untill Such Muster Roll, or Accompt of, 
Charge, or Expence hath been first Examined and allowed of by this 
Court) according to Such Draughts, as Shall from time to time be made 
upon him, by Warrant, under the Hand of the Gov"', with the advice, 
& Consent of the Council, and That the aforesaid Eight Thousand 
pounds be drawn out of the Treasury for the Ends & uses, above 
appropriated only. That the Sum of Three Thousand & Seven 

hundred pounds, part of the aforesaid Twelve Thous'' pounds, be and 
hereby is appropriated to and for the payment of the publick Debts 
of the Province already contracted, & for payment of all Grants Sal- 
arys Stipends, allowances, Bounties & Premiums, made & to be made, 
by this Court (Several of the aforesaid Grants, Stipends, Salaries, & 
allowances, being already paid out of the Grant of Five Thous'^ pounds 
the last may Session) the Draughts to be made upon the Treasurer, for 
any part of the aforesaid Sum of Three Thousand & Seven hundred 
pounds to be by Warrant as above mentioned ; and that the aforesaid 
Sum of Three Thous'^ and Seven hundred pounds be drawn out of the 
Treasury, for y^ Ends & Uses above appropriated only. 

And, that the Sum of Three Hundred pounds, being the Residue, 
&, remaining part of the Said Sum of Twelve Thous*^ pounds, be and 
hereby is appropriated, for the paym' of Expresses dispatched in the 
Service of this (government, together with all other unforeseen, Neces- 
sary charges. Whither by Invasion, or otherwise arising in the Recess 
of this Court that demands prompt payment ; Provided Always, that 
the Several Draughts, made upon the Treasurer as afores'^ do Express 
and declare, out of which appropriated Sum, the Money is to be paid, 
and the Said Bills Shall pass out of the Treasury at the Value therein 
Expressed, Equivalent to Money and, shall be so taken and accepted, 
in all publick paymts. 

And, That the duties of Impost and Excise, shall be a fund, & Se- 
curity, for the Repayment & Drawing in y'^ Said Bills into y"^ Treasury 
again. So far as that will Reach ; And as a further fund & Security 
for the Same. . . 

It is further 

Resolved., That there be and, hereby is Granted unto his Most Ex- 
cellent Majesty, for the Ends & Uses aforesaid, and for no other Ends 
& uses whatsoever, a Tax of Six Thousand pounds, to be levied upon 
Polls & Estates, both real and, Personall within this Province, accord- 
ing to Such Rules and in Such Proportion upon the Several Towns & 
Districts within the Same, as Shall be agreed on, & Ordered b}^ the 
Great and General Assembly of tliis Province, at their Session in May 
One Thousand Seven hundred & Thirty Two, and paid into the Treas- 
ury on or before the last day of December next after and That the 
Further Sum of Six Thousand pounds, being the, Remainder, of the 
aforesaid Twelve Thousand pounds be X-evied upon Polls & Estates, 



136 



Province Laws {Resolves, etc.). — \1 21-22. [Chaps. 90, 91.] 



both Reall & Personall within this Province, according to Such Rules 
& in Such proportions upon the Several Towns, & Districts within the 
Same, as Shall be agreed & Ordered by the Great & Generall Assem- 
bly, of this Province at their Session In May One Thousand Seven hun- 
dred and Thirty Three, and paid into the Treasury on or before the last 
day of December next after; And, Whereas, through the Scarcity of 
Bills, it Grows difficult for persons to Convert the produce of their 
Lands into Bills & pay their Rates in them ; 

It is further 

Ordered that the Inhabitants of this Province shall have Liberty (if 
they See fitt) to pay the Several Sums, that shall on them be Respec- 
tively Assessed, in the Several Species hereafter mentioned, at Such 
Moderate Rates, & Prices as the Great, & General Assembly shall Sett 
them, Viz' in Good Barrell Beef, & Pork, Wheat, Barley, Rye, Indian 
Corn, Pease, Oats, Flax, Hemp, Beeswax, Butter in Firkins, Cheese, 
Hides, Tann*^ Leather, Dry fish, Mackrell in BUs : Oyl, Whale Bone, 
Bayberry Wax, Tallow Pitch, Tar, & Turpentine, which. Species, shall 
be reciev£d, by the Treasurer, of the Severall, Constables or Collectors, 
and by him disposed of to the Best advantage, for the Calling in of the 
Said Bills into the Treasury again and if any Loss shall happen by the 
Sale of the aforesaid Species, or by any other Unforeseen Accident shall 
Arise, Then Such deficiency shall be made Good by a Tax of the Year 
Next following. So as fully & P^ffectually to Call in the Whole Sum, of 
Bills Emitted. \_Passed March 22. 



CHAPTER 90. 



Legislative 
Records of the 
Council, xi., 

282. 

Ante, p. 93, 
chap. 37. 



RESOLVE ALLOWING £1. 10 TO M» JOSEPH STEBBINS. 

Resolved, that there be allowed and paid out of the publick Treasury 
the Sum of one pounds ' & Ten Shillings, to M' Joseph Stebbins for his 
Trouble & Expence In Receiving the Two hundr** pounds, that were left 
in the Hands of M"' Pitkin of Connecticut, & paying the Same into the 
Treasury. [Passed March 22. 



CHAPTER 91. 



Legislative 
Records of the 
Council, xi., 
282. 



RESOLVE ALLOWING £8. 8 TO COLL'' JON^ TYNG. 

An Accompt presented, by Coll" Jon* Tyng of the Subsistence of 
Sixteen men, (Impressed in his Majesties Service Eastward) Ten days 
in September last, amo' to £8. 8/. 

[Read and] 

Resolved 

That the Sum of Eight pounds & Eight Shillings, be allowed & paid 
out of the publick Treasury, to Coll" Jon" Tyng in full. Discharge, of 
the Within Accompt. \_Passed March 22. 

» Sic. 



[3d Sess.] Province Laavs {Resolves, etc.). — 1721-22, 137 

CHAPTER 92. 

RESOLVE ALLOWING £24 TO COLL" JOHN WHEELWRIGHT. 

An Accompt presented by ColF John Wheelwright of Subsisting Legislative 
Souldiers in his Majesties Service Eastward from July 25"' to Nov^ couS.xi.I''^ 
14"" 1721. Together wath Expresses &c'' '^ 

[Read and] 

Resolved, That the Sum of Twenty Four pounds, be allowed and 
paid out of the publick Treasury, to Coll" John Wheelwright, in full 
discharge of this Accompt \_Passed March 22. 



CHAPTER 93. 

RESOLVE ALLOWING £14. 19. 6 TO COLL« SAM^i- BROWN. 

An Accompt, Presented by ColP Samuel Brown of Subsisting Sol- Rgfords^of the 
diers, Impressed in the Service Eastward, Amo' to the Sum of £14. Council, xi., 
19. 6. '^ 

[Read and] 

Resolv'^ 

That the Sum of Fourteen pounds. Nineteen Shillings & Six pence, 
be allowed & paid out of the publick Treasury to Coll" Samuel Brown 
to discharge the Within accompt. [^Passed March 22. 



CHAPTER 94. 

RESOLVE ALLOWING £4. 12 TO COLL" JOHN APPLETON. 

An Accompt presented by Coll° John Appleton of Subsisting Sol- R^fords^of the 
diers (Impressed in his Majesties Service, Eastward,) In Sept' Last, Council, xi., 
amo' to, £6. 2. 6. '^ 

[Read and] 

Resolv'' That the Sum of Four pounds and Twelve Shillings, be 
allowed & paid out of the publick Treasury, to John Appleton Esq'' 
in full discharge of the Within accompt. [^Passed March 22. 



CHAPTER 95. 

ORDER ON MR DANIEL RUSSELLS MEMORIAL FOR LIGHT HOUSE SUP- 
PLIES. 

A Memorial of Daniel Russells, Commiss"^ of the Impost, Shewing Legislative 
that the Keeper of the Light House hath applied to him for a New council^ xi/^'^ 
Suit of Sails for his Boat, & a Cable to. Moor her. The old ones '2^3. 
being Worn out, & praying the Courts direction thereupon. 

[Read and] 

Ordered, That M"" William Clark, with M"" Daniel Russell, Commiss' 
of The Impost, be desired to Supply the same. [Passed March 22. 



138 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 96, 97.] 



CHAPTER 96. 



VOTE ACCEPTING THE COMMITTEES REPORT ON THE AFFAIR OF MONS« 

CASTEEN. 



Legislative 
Records of the 
Council, xL, 

283. 

Legislative 
Records of the 
Council, xi., 
242, 243, 258, 268, 
269, 274. Exec- 
utive Records 
of tlie Council, 
vii., 217. 



The Comaiittee for Consideriug the affair of Mods'" Casteeu, having 
Sent for him, he acknowledged that he had Given Just Occasion, (by 
his appearing at Arowsick with the Penobscot Indians,) to the Gov- 
ernment to Send for him. But at the Same time he Solemnly declared, 
that his Design, In Com" from Penobscot with the Indians of that Tribe, 
was to prevent the Committing an}'^ outrage Or Disorder, and that he 
So declared to the Jesuit & Indians before he went away, and that at 
Arowsick he behaved himself peaceably, & with affection to the English, 

Declaring also, that he has well behaved himself to the English Trad- 
ing in those parts, and that he was the person that Recieved the present 
of this Government, to that Tribe, Two Years Since and, wrote the 
Letter of Thanks ; by which, & a Letter Rec'' by the Gov' referring 
to, the Said Casteen it is to be hoped. That He is well attached to the 
English, & may Use his Interest & Influence with the Indians to the 
Advantage of this Government & the Said Casteen humbly desires 
that he may have Leave to Go home. Proposing to Send back by the 
Vessell that Carries him a Good Hostage in his Room, & Give his 
Solemn Oath & Promise to behave himself on all occasions, & in all 
Respects, Faithfully to the English. 

The Committee are of opinion. That the S'^ Mons' Casteen be allowed 
to Go home upon his Parole & Promise to Use his utmost Endeavours 
to Send one in his Room, and Either return himself in the Fall of the 
Year, or in Case he should be Gone to France, then to Send his Brother, 
and at all times to Carry it faithfully, & peaceably, and also to advise 
& Influence the Tribe to behave themselves well &, Friendly to the 
English. 

By Order of the Committee. Tho^ Fitch 

Read & Accepted. \_Passed March 22. 



CHAPTER 97. 

VOTE ON NATHi- GLOVER & NATH'- BREWERS PETITION CONSTRUING 
A RESOLVE OF THE COURT. 



Legislative 
Records of the 
Council, xi., 
285. 

Ante, p. 133, 
<;hap. 85. 



A PETITION of Nath' Glover «fe Nath' Brewer in behalf of the Pro- 
prietors of Dorchester, praying that the Court would Reconsider their 
Vote pass"* on the petition of John Billing & others, for as much as the 
Courts St3ding the S"* John Billing (fee" Proprietors of the Town of Dor- 
chester may be Interpreted as a detirmination of the right of Propriety, 
and that tlie Same is Vested in the Said John Billing &c^. 

In the House of Representatives Read & 

Voted, That it is not Intended by any Words in the Resolve pass*^ 
the Sixteenth Instant, that they should Operate or be Construed any 
ways to affect the right of Propriety in Either Party, But that this 
right should be left open to be determined by the Common Law. 
In Council Read & Concurred, & 

Order'^ 

That the allowance to the Committee, Viz' Seven pounds and their 
Charge be born by the Town, of Dorchester, The allowance be paid to 
to John Cushing Esq' for the Use of the Committee and the money Ex- 



[3d Sess.] Province Laws {Resolves, e^c). — 1721-22. 139 

pended at Dorchester, & the George Tavern be paid to Coll" Spurr to 
defrej^ the Charges. In the House of Representatives Read & Con- 
curred. [Passed March 23. 



CHAPTEE 98. 

ORDER ON THE PETITION OF THE SELECT MEN OF SHERBURNE FOR 
THE LAST YEAR, COMPLAINING OF A TOWN MEETING AS DIS- 
ORDERLY. 

A PETITION of Samuel Bullard & others Select men for the town of ^|fo^},|g'Qf®ti^g 
Sherburne in the Year 1721, Shewing that at a Town, meeting held at couucii.xi., 

the Said Town the Twelfth Instant for the Choice of Town officers, '^ 

Divers Persons Unqualified, Voted at the Said Meeting though for- 
bidden by the Petitioners, So that the Choice, of a Moderator, Could 
not be Clearl}^ attested, That John Goulding Said to be Chosen mod- 
erator, took the place of Such, and In the Choice, of officers, allowed 
Persons unqualified to Vote, & Some to put in more Votes than one 
at one Choice, & when the petitioners moved that the Laws might be 
observed in the management of the Said Meeting, The Said Goulding 
declared he Should have no regard to the Law, but should keep to the 
Old Custom, and praying to be relieved from the Mischeifs & Incon- 
veniencies, arising from the Said Disorderly meeting & Election of 
officers. 

The Petitioners &, the Moderator, having been heard, & the matters 
of Fact having been fully proved, 

Ordered, That a Town Meeting of the Freeholders & other Inhabi- 
tants of the Town of Sherburne, Qualified by Law be held there on the 
First monday of April Next for the Choice of Town officers, for the 
Year Ensuing, and That Francis Fulham Esq' be desired to be present 
at the Said Meeting, and to take Care, that the Said meeting be Orderly 
managed, and That No other person be allowed to Vote there but Such 
as are Qualified, by Law ; The proceedings & Elections of a Meeting 
of the Said Inhabitants, on the Twelfth Instant, being hereby Super- 
seded & declared Void. \_Passed March 23. 



CHAPTEK 99. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP 
GEORGE JOHN STRATTON M". 

A Muster Roll of the Sloop George a Transport in his Majesties Legislative ' 
Service Eastward, under the Command of John Strattou, Containing councfu xl^'^^ 

an accompt of the AYages due to the Said John Stratton, & Company, 2S6^ 

and the Hire of the 8*^ Sloop from Sept' 2P' 1721 to March 7"> 1721 
amo' to the Sum of one hundred Fifty Seven pounds & Ten Shillings. 

[Read and] 

Resolved, That The Sum of one hundred & Fifty Seven pounds Ten 
Shillings be allowed & paid out of the pnblick Treasury, to Cap' John 
Stratton in full of the Within Acco'. \_Passed March 23. 



140 



Province Laws (i2esoZves,e<c.) — 1721-22. [Chaps. 100-103.] 



CHAPTEE 100. 



Legislative 
Records of the 
Council, xi., 

287. 



RESOLVE ALLOWING £L 10. 6 TO JOHN PRITCHARD. 

An Accompt of John Pritchard of the Ferryage of Soldiers from 
Black Point to Casco in the Year 1719, Amo' to the Sum of £1. 10. 7. 

[Read and] 

Resolved, That the Sum of One pound Ten Shillings & Sixpence 
be allowed and paid out of the publick Treasury to John Pritchard, 
to discharge the Within Acco'. [Passed March 23. 



CHAPTEE 101. 

RESOLVE ALLOWING 9/ TO JOHN SAWYER. 



Records'of the -^^ Accop'' of John Sawyer of Ferrying Soldiers over Casco River, 
Council, xi., [Read and] 

Resolved, That Nine shillings be allow'' & paid out of the publk; 

Treasury, to John Sawyer in full of the within Accop'. [Passed 

March 23. 



287. 



Legislative 
Records of the 
Council, xi., 

287. 



CHAPTEE 102. 

RESOLVE ALLOWING PAYMENT OF CAPT SAM'i- MOODEYS MUSTER ROLL. 

A Muster Roll of the Company in his Majesties Service P^astward, 
under the Command of Cap' Samuel Moodey Containing an account of 
"Wages due to the S** Samuel Moodey & Company for the"" Service from 
the 2" of January 1720, to the 17"> of Dec' 1721, Amo' to the Sum of 
£1,322. 15. 8. 

[Read and] 

Resolved, That the Sum of one Thousand three hundred Twenty 
Two pounds, fifteen Shillings & Eight pence be allowed and paid out 
of the publick Treasury ; to Cap' Samuel Moodey *fe the Company 
under his Command to discharge the Said Muster-Roll. \_Passed 
March 23. 



CHAPTEE 103. 



Legislative 
Records of the 
Council, xi., 

287. 



RESOLVE ALLOWING £4 TO JOSEPH BANE. 

An Accompt presented by Joseph Bane of a Journey, to Give notice 
to the Indians of the Coming of the Commissioners & his attendance 
on the Said Commissioners. 

[Read and] 

Resolved, 

That the Sum of P^our pounds he allowed & paid out of the pub- 
lick Treasury to Joseph Bane in full of the Said accompt. [Passed 
March 23. * 



[3i) Sess.] Province Laws {Resolves, etc.). — 1721-22. 14-1 



CHAPTER 104. 

RESOLVE ALLOWING £n. 14. I TO NICHOLAS BOON. 

An Accompt presented by Nicholas Boon of printing the Votes of ^?'^'^*'^® 
the Representatives & paper «S:c" delivered to the Clerk amo' to, £13. Council^ xi. ^ 
7. 1. EL 

[Read and] 

Resolved^ That the Sum of Eleven pounds Fourteen Shillings & l'^ 
be allowed & paid out of the publick Treasury In full discharge of the 
Said Accompt. \_Passed 3farch 23. 



CHAPTER 105. 

RESOLVE ALLOWING £4. 10 TO DOMINICUS JORDAN. 

An Accompt presented by Dominicus Jordan of his time & Expeuce Legislative 
in Going Express from, Casco to, Salem & from Casco to Piscataqua, councu^ xi ^^'^ 
by Order of the Government. 28t. 

[Read and] 

Resolved That the Sum of Four pounds & Ten Shillings be allowed 
and paid out of the publick Treasury to Dominicus Jordan, in full to 
discharge his Accompt. \_Passed March 23. 



CHAPTER 106. 

RESOLVE ALLOWING £9. 5 TO CAP^ JOHN GRAY. 

An Accompt presented by Cap' John Gray of Disbursme" at Fort Legislative 
Mary, at Winter Harbour, and the Garrison there Amo' to the Sum council^ xi ^^^ 

of £9. 5/. 288. " " 

[Read and] 

Resolved, 

That the Sum of Nine pounds & Five Shillings be allowed & paid 
out of the publick Treasury to Cap' John Gray to discharge the S*^ 
Accompt. [^Passed March 23. 



CHAPTER 107. 

RESOLVE ALLOWING £2 TO MESSRS TAYLOUR & TEMPLE. 

An Accompt presented by Mess" Taylour & Temple of their Ex- Legislative 
pence in attending the House of Representatives by their Order Amo*^ coXcU^ xi *^^ 
to, £3. 18/. 2S8. '' ■' 

[Read and] 

Resolved 

That the Sum of Forty Shillings, be allowed & paid out of the pub- 
lick Treasury, to Mess" Taylour &, Temple, to discharge the Said ac- 
compt. \_Passed March 23. 



142 



Province Laws {Resolves, etc.). — 1721-22. [Chaps. 108, 109.] 



Legislative 
Records of the 
Council, xi., 

288. 

Province 
Laws, i., 581, 
chap. 7; 542. 
Infra, chap. 
109. 



CHAPTER 108. 

RESOLVE AGS'r TAK'- MONEY Sc^ TO DISCHARGE SOLDIERS. 

Resolved, That the Taking of Money Bills or Blanks, or any other 
F'ee, Gratuity or reward whatsoever, of any Soldier for Releasing Or 
Exchanging them is an Illegal practice. Very much to the dishonour 
of the Government & hurt of the Service, and that all Bills or Blanks, 
that have been taken on any Such Account, on any muster Rolls yet to 
be pass'' and allowed, be and hereby are declared Null & Void. \_Fassed 
March 23. 



CHAPTER 109 



Legislative 
Records of the 
Council, xi., 

288. 

Legislative 
Records of the 
Council, xi., 
269, 275, 277. 
Hupra, chap. 
108. 



VOTE ACCEPTING THE COMMITTEE'S REPORT ABOUT THE COMPLAINTS 
AGAINST THE OFFICERS. 

The Committee having perused, the Several Affidavits ags' Coll : 
Edmund Goffe Cp' Johnson Harman & Lieu' Goddard are of opinion, 
that they Contrary to all Reason, & Justice have procured from Sev- 
eral Soldiers Blanks for their discharge by them, which Blanks the 
Committee finds Entitles the possessors to their pay, after the Muster 
Rolls are Lodged in the Treasurers office, and the Commissarys Acco' 
of Slops are deducted out of the Same, and that Cap' Johnson Harman 
hath received of Phillip Amy Six pounds in Money, & of David Burn- 
ham, a Gun of Three pounds & of James Emery ^ Gun & Blankett 
Value Fifty Shillings, to discharg"e them from the Service, & that Lieu' 
Goddard recieved of Daniel Hastings, Forty shillings to discharge him 
from the Service, and that Lieu' Goddards Company have not had their 
allowance, of Mollosses, although the Committee, find by the Commis- 
sarys Accompt, That on the Fourth of January there was then in Store 
more than their full allowance, one hundred & Twent}' Seven Quarts, 
and the Committee are further of opinion ; that the Soukliers that Signed 
Blanks shall be Entituled to their full pay, after the IMuster Rolls are 
Lodged in the Treasurers office. Notwithstanding the Blanks Signed by 
them, to their otHcers, & that the officers return the Money Guns, &.(f 
received, by them or their Orders to the Souldiers, from whom they 
Reciev'' the Same, for What they are Valued at, and that Such Sol- 
dier's are & shall be dischai-ged, from all Prosecutions as Deserters from 
their Respective officers, and that Lieu' Goddards pa}' be Stopped in 
the Treasurers office, till he hath made Good, what Mollosses hath been 
kept back from his Company, and are further of opinion that the officers 
be at the Charge of the Hearing before the Court, and for any thing 
further the Committee Leaves it to the Consideration of the House, 
By Order of the Committee Nath'- Knolton. 

Read & Accepted. [Passed March 23. 



[3d Sess.] Province Laws {Resolves, etc.). — 1721-22. 14^ 



CHAPTER 110. 

VOTE FOR THE DISPOSITION OF THE EASTERN FORCES: PRESENT TO 

COLL" BOMAZEEN. 

Ordered, That the Forces, Viz' the Two hundred men, already out Rgfordfof th 
in the Eastern Parts, be there Continued, and disposed in the most Council, xi., 

Suitable places, for the defence of those Eastern, parts, untill the -^ 

Session of this Court in May next, and, that Whereas Coll" Boma- ^^a^'es^^^' 
zeen, hath lately Given Proof of his Fidelity to the British Crown, /«/>«, chap, 
under which he holds Commission, and has not been drawn into those ^^^' 
Vile Acts of Hostility & Insults against the English as the Indians of 
Norridgewock, &c* have done. 

Resolved, That a Snitable present not Exceeding Thirty pounds, 
from this Government, be sent to him, in Cloathing Suitable to his 
Commission, & Provision for himself & Familys with Assurance of 
the like Favour to as many of his Tribe, as Shall Give Good Tes- 
timony of their Friendship to the English Subjects of this Govern- 
ment as also Suitable protection, agreeable to their Just Services at 
all times. [^Passed March 24. 



CHAPTER 111. 

VOTE DESIRING M'' W=« CLARKE TO PROCURE THE PRESENT FOR COLL^^ 

BOMAZEEN. 

Voted, That M"" W'" Clark, be desired to procure the Present for Legislative 
ColP Bomazeen and, that he Take his Exellencys direction for, the councif xi!^^ 
Sending it. \_Passed Mctrcli 24. 290. 



' Stipra, chap. 
110. 



CHAPTER 112. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CAP^ STE- 
PHEN RICHARDSON & COMP"''. 

A Muster Roll of the Company under the Comu** of Cap' Stephen Legislative 
Richardson, being in his Majesties Service in the Eastward Parts, Con- councif xi *^^ 

taining an Accop' of Wages, due to the Said Stephen, Richardson, & 290. 

Company, for their Service, from March 27"^ 1721 to Jau^' 8"^ 1721, 
Amo' to the Sum of £562. 2. 6. 

[Read and] 

Resolved, that the Sum of Five Hundred, Thirty one pounds Fifteen 
Shillings & Nine pence, be allowed & paid out of the publick Treasury 
to the officers & Soldiers, Named in this Muster Roll. \_Passed March 24. 



144: 



'PROvmcE'LAW8{Besolves, etc). — 1721-22. [Chaps. 113-115.] 



CHAPTEK 113 



Legislative 
Records of the 
Council, xi., 
291. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GARRI- 
SON AT FORT MARY CAPT JOHN GRAY. 

A Muster, Roll of the Garrison of his Majesties Fort Mary, at 
AViuter Harbour under the Comin'' of Cap' John Gray, Containing an 
Accompt of Wages due to them for their Service from July 22** 1720, 
to March P' 1721, amo' to £263. 12. 4. 

[Read and] 

Resolved, that the Sum of Two hundred & Sixty three Pounds Twelve 
Shillings & A'^, be allowed & paid out of the publick Treasury to dis- 
charge the Wages due to the officers & Soldiers, as appear to be due to 
each Man by the Roll, and that the Further Sum of Sixty three pounds 
be allowed & paid out of the p-ublick Treasury to Samuel Jordan Inter- 
preter. [^Passed March 24. 



Legislative 
Records of 
Council, xi. 
291. 



CHAPTER 114. 

RESOLVE REFERR" TO MUSTER ROLL & COMMISARYS STORES &c'^. 

the Resolved, That all the Muster Rolls for the payment of the officers 
' & Soldiers Employed in his Majesties Service in the defence of this 
— his Majesties Province, shall for the future be brought in Twice in 
the Year, Viz' Once in the Second Week in the May Session, & in 
the Second Week in the fall Sessions, and that for the future, The 
Treasurer be directed and Ordered, Not to pay money out of the 
Treasury unto, any officer or Soldier in any Muster, Rolls, upon any 
Blank Order, but upon an Order drawn in Form, & Signed by the S'' 
officer or Soldier, for his Wages or So much thereof as Shall be par- 
ticularly Specified in Said Order, and The Treasurer is Ordered & 
directed to furnish Each Commissary in the Respective Forts & Gar- 
risons, with all Necessary Supplies of Shoes Cloathing &(f, for the 
Soldiers, and shall Send to the Commissary an Invoice or Bill of pclP 
of the prime Cost in Boston, and Each Commissary shall make out A 
Duplicate Bill, as Recieved from the Treasurer, Which Commissary 
shall Post up Said Bill in Some publick place. 

That all the Souldiers, may See it, That So they may not be de- 
cieved, but have the Goods at the Prime Cost in Boston, and, that the 
Commissary shall not trust any Servants above Twelve pence p'' Week. 
\_Passed March 24. 



CHAPTER 115. 



Legislative 
Records of the 
Council, xi., 
292. 



ORDER GRANTING THO« BAKERS PETITION IN REGARD TO AN EXPRESS 

TO CANADA. 

A PETITION of Tho' Baker, Setting forth that he is informed, That a 
Motion, has been made for Sending an Express to Canada, And That 
Christian Baker his AVife having Two Children, and other Friends & 
Relations there, has Some Good, prospect of perswading them to re- 
turn to their Countrey & Religion, and praying that the S'' Chi'istian 



[3d Sess.] Province Laws {Resolves, etc.). — 1721-22. 145 

Baker may be permitted to Go to, Canada with tlie Messenger for the 
designs aforesaid, if the Government See meet to Send thither. 

Head and, 

Ordered, That the prayer of this petition be Granted. \_Passed 
March 24. 



CHAPTER 116. 

VOTE ACCEPTING THE REPORT OF RUNNING THE LINES ON THE GORE 

NEAR SWANZEY. 

Coll** Thaxter from the Committee for running the Lines of the Legislative 
Gore of Laud in Swanzey, Gave in a platt thereof, and therewith the councii^.xi., ^ 

Following Report, Viz'. In Obedience to the Order of the Great "^ 

& General Court at their Session, in March 1720, referring to the peti- A7ite,p.6S, 

cliiu 152 

tion of William Salisbury, for running the Original Lines of Taunton, 
Rehoboth, Taunton North & South Purchases, Wee the Subscribers, 
having Notified The Towns Concerned, mett at Taunton, the 19"' day 
of Febr^' 1721, & having perused, the Records of the Several lines, that 
Join upou the Gore of Land, mentioned in the petition Wee find, that 
the Lines, of the Several Grants, are to run as they are Set forth, in 
the Figure hei'eunto Annexed. 

Viz' The Line between Dighton & Swanzey is West by north and 
the Line between Dighton & the Gore, runs North by East, The Line 
between Norton & the Gore runs West, as To Taunton and Rehoboth, 
Lines, Wee have Sett them, forth in the figure, herewith as they were 
Anciently run and Marked, the Gore of Land which Contains Two 
Thousand, Six hundred & Forty Acres, The Lines of Dighton being 
run by a True Meridian. 

(Signed) Sam'-'- Thaxter, 

William Throop 

Read & Accepted, The property of the Lands Contained in this platt 
not to be altered, or detirmined hereby. [^Passed March 24. 



CHAPTEE 117. 

RESOLVE ALLOWING £9. 7. 8 TO CAP^ SAM^-i- MOODEY. 

An Accompt of disbursments for the Service Eastward, presented ^^f^rir'Ttii 
by Cp' Samuel Moodey amo' to the Sum of Seventeen pounds Eleven council, xi., 
Shillings ; !5iL i 

[Read and] 

Resolved, That the Sum of Nine pounds. Seven Shillings and Eight 
pence be allowed & paid out of the publick Treasury to Cap' Sam" 
Moodey, in full discharge of the Withiu Accompt. \_Passed March 27. 



146 



FuoviNCEljAws(JResolves,etc.). — 1721-22. [Chaps. 118-121.] 



CHAPTER 118. 



RESOLVE ALLOWING £5. 14. 6 TO CAP^ FRANCIS BARKER. 

Record"o?the An AccoMPT presented by Cap' Francis Barker,^ of clisbursments for 
Council, xi., his Majesties Service, Eastward, Amo' to the Sum of £5. 14. 6. 

293. 



Read & 

Resolved^ That the Sum of Five pounds. Fourteen Shillings, & Six 
pence be allowed, & paid out of the publick Treasury to discharge the 
S*^ Accompt. \_Passed March 27. 



Legislative 
Records of tlie 
Council, xi., 
293. 



CHAPTER 119. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER, ROLL OF THE GAR- 
RISON AT CASTLE WILLIAM. 

A Muster Roll of the Garrison at his Majesties Castle William, 
under the Comm*^ of the Honb'^ William Dummer Esq" Containing an 
Accompt of Wages due to them, for their Service, from June 30"', to 
March 1^' 1721, Amo' to, the Sum of £463. 14. 7. 

[Read and] 

Resolved^ That the Sum of Four hundred. Sixty three pounds, Four- 
teen Shillings & Seven pence be allowed, and paid out of the publick 
Treasury, to the officers & Souldiers, Contained in this Muster Roll 
in full discharge of their Wages. \_Passed March 27. 



Legislative 
Records of the 
Council, xi., 
293. 

Legislative 
Records of the 
Council, xi., 
293. Executive 
Records of the 
Council, vii., 
346. 



CHAPTER 120. 

RESOLVE ALLOWING PAYMENT OF THE ACCOMPT OF VICTUALLING 
THE GARRISON AT CASTLE WILL*". 

An Accompt of Victualling the Garrison at his Majest' Castle, Wil- 
liam from June 30"^ 1721, To March P' 1721, and for Subsisting the 
Indian Hostages, Mons'' Casteen, Soldiers Impressed in his Majesties 
Service, &c'' amo' to the Sum of £390. 11. 1. 

[Read and] 

Resolved., That the Sum of Three hundred & Ninety pounds Eleven 
Shillings & l'^ be allowed, & paid out of the publick Treasury, to the 
Executors of Cp' Zechariah Tuthill in full discharge of the Said Ac- 
compt, The Said Executors allowing & paying to the Treasurer, what 
Money, have been advanced, & paid. Cap' Tuthill in his life time. 
\_Passed March 27. 



CHAPTER 121. 

RESOLVE ALLOWING £33. 3 TO CAP^ JOHNSON HARMAN. 

Records'of the ^^ AccoMPT presented by Cap' Johnson Harman, of disbursments, 
Council, xi., for his Majesties Service P^astward, Amo' to the Sum of £33. 3/. 
^^— ^ [Read and] 

> "Baker" in the text: "Barker" elsewhere. See post, p. 150, chap. 133, and p. 502, 
chap. 201. 



[3d Sess.] Province Laws (BesolveSy etc.). — 1121-22. 147 

Resolved, That the, Sum of Thirty three pounds, & three Shillings, 
be allowed, & paid out of the publick Treasury, to Cap' Johnson Har- 
man, to discharge the within accompt. \_Passed March 27. 



CHAPTEK 122. 

RESOLVE ALLOWING £3. 8 TO CAP'' STEPHEN RICHARDSON. 

An Accompt of disbursments for his Majesties Service Eastward, Reford^of the 
presented, by Cap' Stephen Richardson, amo' to the Sum of £3. 8/. Council, xi., 

[Read and] — 

Resolved, That the Sum of Three pounds & Eight Shillings be allowed, 
& paid out of the publick Treasury to Cap' Stephen Richardson to dis- 
charge the within Accompt. \_Passed March 27. 



CHAPTER 123. 

RESOLVE ALLOWING £13. 5 TO SAM^^- GOOKIN. 

An Accompt, presented, by Samuel Gookin Jun"' of a Guard upon Legislative 
the Indian Hostages, from Nov' 9'" to, Dec' 5"^ 1721, with Fire Wood coum^f xl"'* 
«fe Candles. J^^*- 

[Read and] 

Resolved That the Sum of Thirteen pounds, Five. Shillings, be allowed 
& paid, out of the publick Treasury to M' Samuel Gookin J' in full, of 
the, Within Accompt. \_Passed March 27. 



CHAPTER 124. 

RESOLVE ALLOWING PAYMENT OF COLL^ SAM"' THAXTER & COLL^ 
EDMUND GOFFES MUSTER ROLL. 

A Muster, Roll of the, Company in his Majesties Service, under Legislative 
the Command of ColP Sara" Thaxter and afterwards of ColP Edm'^ Sncff.xi.r* 

Goffe, Containing an accompt of Wages due to the S*^ Samuel Thax- 294^ 

ter, & Edm*^ Goffe & Company for their Service, from, the Twenty 
Seventh of July, to the Twenty Seventh of Febr^ 1721, Amo' to the 
Sum of £995. 13. 1. 

In the House of Representatives, 

[Read and] 

Resolved That the vSum of Nine hundred and Ninety Five pounds 
Thirteen Shillings & one penny be allowed, & paid out of the publick 
Treasury, to the Officers, & Soldiers Contained in this Muster, Roll 
in full discharge of their, Wages. In Council, Read & Concurr*^ 

Excepting the Sum of Seven pounds Fifteen Shillings, allow'* Coll" 
Thaxter, as Captain & the Sum of Forty Five pounds Fifteen Shil- 
lings allowed, L' Coll" Goffe as Captain, The allowance of ColP & 
Captain, never having been made at the Same time to one & the 
Same person ; In the, House of Representatives. Read, &, Con- 
curred. [^Passed March 27. 



148 



Province Laws (Besolves, etc.). — 1721-22. [CiiArs. 125-128.] 



Legislative 
Records of the 
Council, xi., 
294. 



CHAPTEK 125. 

ORDER IMPOWERING MATTHEW PERKINS TO SELL LAND. 

A PETITION of Matthew Perkins of Ipswich, Shewing, that he has 
been put to Extrodinary Charge in the Sickness & Funeral of his 
Wife, which has brought upon him Such debts as he is unable to 
pay, and, praying that this Coui-t Would Give him power to Sell 
Twelve or Thirteen Acres of Land, which Came to him by his S** 
Deceased, Wife. 

Read & 

Ordered, That the prayer of the petition, be Granted and that 
the petitioner have Liberty to bring in a Bill accordingly. \^Passed 
March 27. 



CHAPTER 12(3. 



RESOLVE ON QUESTION ABOUT GUNPOWDER. 



Legislative 
Records of the 
Council, xi., 
295. 

Province 
Laws, i., 588, 
chap. 4; (iOl. 



Question, Whither, in the Act Entituled an Act, for Erecting a 
Powder House in the Town of Boston, made in the Fifth Year of 
Queen Ann The Saving therein Mentioned doth not Intend, all the 
Gun Powder belonging to the Province, 

Resolved in the affirmative, & that it ought to be Understood of all. 
Powder Removed by Order of the Govenour, & Council for the Prov- 
ince Service. \_Passed March 27. 



CHAPTER 127 



RESOLVE ALLOWING £5. 17- 9 TO ROBERT FORRESTER. 



Legislative 
Records of the 
Council, xi., 
296. 



An Accompt presented, by, Robert Forrester of Work done by him 
at the Govenours House, Ending March 14"' 1721 Amo' to, the, Sum 
of £5. 17. 9. 

[Read and] 

Resolved, That the Sum of Five pounds Seventeen Shillings & 9'^ be 
allowed & paid out of the publick Treasury to Robert Forrester the 
Accomptant, in full discharge of the S'' Accompt. [^Passed March 27. 



CHAPTER 128. 

RESOLVE ON THE TREASURERS DISBURSMENTS, DISCHARGING THE 

TREASURER. 



Legislative 
Records of the 
Council, xi., 



An Accompt presented by Jeremiah Allen Esq"" Treasurer of dis- 
bursinents for provisions & other Necessarj's for The forces East- 
ward, and other Incidental Charges for his INIajesties Service, from 
Nov' G"' to March 1"' 1721, Amo' to the Sum of £1,492. 5. 4. 

[Read and] 

Resolved, That the Sum of One Thousand Four hundred & Ninety 
Two pounds Five Shillings & Four pence be allowed & paid out of the 
publick Treasury, to Jeremiah Allen, Esq' to, Discharge the S'' Accompt. 
{^Passed March 27. 



[oD Sess.] Province Laws (liesolves, etc.). — 1721-22. 149 



CHAPTEK 129. 

RESOLVE ALLOWING PAYMENT OF CAP'' JOHNSON HAKMANS MUSTER 

ROLL. 

A Muster, Roll of the Company iu his Majesties Service Eastward, ^''^'^^?**^5., 

' T i? /^, , I 1 *^ Ti /-I • • I Keoortis of the 

uucier the Command of Cajy Johnson Harman, Containing an Account council, xi., 

of Wages due to them for their Service, from July, 27"' to Febr^ 28"' '^^ 

1721, Amo' to the Sum of £876. 13. 

[Read and] 

Jiesolved 

That the Sum of Eight hundred & Fift}^ Nine pounds Four Shillings 
& Five pence, be allowed, & paid out of the publick Treasury, to the 
otiicers & Soldiers Contained in this Muster Roll, iu full, discharge of 
their Wages. [_Pafised March 27. 



CHAPTEE 130. 

RESOLVE ALLOWING £2. 11 TO JOHN FLAGG. 

An Accompt Presented, by John, Flagg, of his Expeuce in Horse Legislative 
Hire, (fee" iu attending the Court, at their present Session Amo' to the coiimMf x^i *^'^ 
Sum of £2. 11/. 2i"i- " "' 

[Read and] 

Mesolved That the Sum of Two pounds & Eleven Shillings be 

allowed, & paid out of the publick Treasury to John Flagg, Doorkeeper 
to Discharge the S*^ Accompt. [Passed March 27. 



CHAPTEE 131. 

RESOLVE ALLOWING £i. 19. 3 TO CHARLES CHAMBERS ESQ^. 

An Accompt presented by Charles Chambers Esq"", for Sundrys, Sup- Legislative 
plied Coll" Goffe for Repairiug the Prison at Cambridge, Amo' to the Sm-irx^''*' 
Sum of £9. 18. 6. 296. " '' 

[Read and] Ante, p. 12-2, 

lie.wlved, That the Sum of Four pounds. Nineteen Shillings & '''^-^i'-^*- 
Three pence be allowed,^ & paid out of the publick Treasury, to, 
Charles Chambers Esq"" to discharge the Province part of the Said 
Acco'. [^Passed March 27. 



CIIAPTEE 132. 

RESOLVE ALLOWING £1(). 19. 2 TO BENJ'*' ELIOT. 

An Accompt presented, Bv Benj" Eliot of paper Books (fee" Supplied Legislative 
the Secr>'^ office, from Jan>- 23'' 1721, to Nov'"8'M721, Amo' to, £16. IK. 2. Heconisof the 

' ' ' ' Council, XI., 

[Read and] '.'iK;. 

JiesolV' 

That the Sum of Sixteen pounds Nineteen Shillings & Two pence 
be allowed & paid out of the publick Treasury to Bonj" Eliot in full 
discharge of the above Accompt. [Passed March 27. 

' The word "allowed" is underlined; also, in the State Library copy, Legislative Rec- 
ords of the Council, xi., 290, the " & " following. 



150 



Province ljW\$,{I{esolves,etc.). — 1721-22. [Chaps. 133-136.] 



CHAPTEK 133 



RESOLVE ALLOWING PAYMENT ON CAP^ FRANCIS BARKERS MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xi., 
296. 



A Muster Roll of the Company in his Majesties Service, Eastward 
under the Command, of Cap* Francis Barker, Containing an Account 
of Wages due to them for their Service from July 28"" 1721, To Febr-^' 
28"^ 1721. 

Amo' to £867. 18. 3. 

[Read and] 

Resolved, That, the Sum of Eight Hundred, & Sixty Four pound 
Eighteen Shillings & Three pence, be allowed, & paid out of the pub- 
lick Treasury, to the Officers & Soldiers Contained in this Muster Roll, 
in full discharge of their Wages. [Passed March 27. 



CHAPTER 131. 

RESOLVE ALLOWING PAYMENT OF CAP^ JOHN PENHALLOWS MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xi., 
•296. 



A Muster Roll of the Company in his Majesties Service, under the 
Command of Cap' John Penhallow Containing an Accompt of Wages 
due to the Said Company for their Service, from July 28"' to, Jan^ 4''* 
1721, Amo' to the Sum of £533. 2. 9. 

[Read and] 

Resolved That the Sum of Five hundred, Thirty, three pounds 

Two Shillings & nine pence be allowed & paid out of the publick Treas- 
ury to the within officers & Soldiers to discharge their Wages as per 
the Within Account. \_Passed March 27. 



CHAPTER 135. 



RESOLVE ALLOWING £20. 2. 11 TO THO" THOMPSON. 



Legislative 
Records of the 
Council, xi., 

297. 

House Jour- 
nal, pp. 1, 2. 



Resolv' That the Sum of Twenty pounds Two Shillings & El[e]ven 
pence be allowed & paid out of the publick Treasury to M"" Tho' Thom- 
son in full of his Acco' of Victuals & Liquor, provided for the Com- 
mittee his Acco' of Charcoal & Bark for the use of the Court, & for 
the Use of his House, during the time the General Court Sat thei'e. 
\_Passed March 27. 



CHAPTER 136. 



RESOLVE ALLOWING £3. 4 TO JAMES CLARK. 



Legislative 
Records of the 
Council, xi., 
297. 



An Accompt presented By James Clark of his attendance on the 
General Assembly at their present Session amo' to, £3. 4/. 

[Read and] 

Resolved, That the Sum of Three pounds Four Shillings be allowed 
& paid out of the publick, Treasury, to James Clark in full of the above 
accompt. [Passed March 27. 



[3d Sess.] Province Laws {Resolves, etc.). — 1721-22. 151 



CHAPTER 1:37. 

RESOLVE ALLOWING £90 TO D« GEORGE PEMBERTON. 

An Acco3ipt presented by D' George Pemberton of Medicines Inter- Legislative 
nally & Externally administred to the Sick & Lame of the Garrison at councu! ^\T^ 
his Majesties Castle William, from June P' 1721, To Febr>' 14"^ 1721, 297. 
Amo' to £90. 17. 10. 

[Read and] 

Resolved that the Sum of Ninety pounds be allowed, & paid out of 
the publick Treasury to D"^ George Pemberton iu full discharge of the 
Within Acco'. \_Passed March 27. 



CHAPTER 138. 

RESOLVE ACCEPTING THE REPORT OF BURNING TORN & DEFACED 

BILLS OF CREDIT. 

In Obedience to ; An Order of the Great & General Court at their Legislative 
Session the Seventh of Nov"" 1721, appointing us the Subscribers A coundf, xlj^^ 
Committee to take an Accompt of Province Bills of Credit, that are ?5^ 



Torn & defaced, Wee have Accordingly Recieved of M' Treasurer Ante, p. 121, 
Allen, The Several Bills of the Denomination in the Account above, *^ ^^' 
amount" to the Sum of Seven Thousand, Five hundred Eighty Four 
pounds Seven Shillings & 6'', that were received by the Treasurer of 
Addiugton Davenport, Thomas & Edward, Hutchinson Esq" & M'' 
John White Trustees for the £50,000 Loan & Caused the Said Seven, 
Thousand, Five hundred Eighty Four pounds Seven Shillings & Six 
pence, to be burnt to Ashes, As Witness our hands, this 20"" of Dec" 
1721, 

£7,315. 19. 5 Priucipall Eltsha Cook, Tho^ Hutchinson 

268. 8. 1 Interest W^ Clark Tho^ Fitch 

John Rand John Clark. 

£7,584. 7. 6. Penn Townsend 

Read & 

Resolved That the above Report be accepted ; and That the Treas- 
urer be Accordingly discharged of the Said Sum of Seven Thousand Five 
hundred Eighty Four pounds Seven Shillings & Six pence. \^Passed 
March 27. 



CHAPTER 139. 

RESOLVE ALLOWING £5L 10 TO EDWARD WINSLOAV. 

A Memorial of Edward Winslow Esq"" Setting forth Several Services Legislative 
Done by him for the publick Avith the Accompt thereof, & praying a councff, xi.f ^^ 

Suitable allowance to, be made him out of the publick Treasury for -^ 

y*' Same 

[Read and] 

Resolved That, the Sum of Fifty one pounds Ten Shillings be allowed, 
& paid out of the publick Treasur}^ to Edward, Winslow Esq"' Sherriff 
in full of all his Service ; for the Province to, this day, & iu full of the 
Several Accompts now before the House. \_Passed March 27. 



152 



Province ljAyf^{Eesolves,etc.). — 1721-22. [Chaps. 140-142.] 



CHAPTER 140 



Legislative 
Records of the 
Council, xi., 

298. 



RESOLVE ALLOWING £5. 10 TO CART DANIEL GOOKIN. 

An Accompt presented, by Cp' Dauiel Gookin of the Charge of Cur- 
ing, Christopher Mudging of a Lame Hand, (the Said Mudging being 
a Souldier in the Service) Amo' to £5. 10. 

[Read and] 

Resolved; That the Sum of Five pounds & Ten Shillings be allowed 
& paid out of the publick Treasury, to, Daniel Gookin to discharge this 
Accompt. \_Passecl March 27. 



CHAPTER 141 



Legislative 
Records of the 
Council, xi.. 



A7ite, p. 142, 
chap. 109. 



RESOLVE FOR STOPPING OFFICERS WAGES. 

Resolved 

That there be paid out of the publick Treasury, to Natli' Knolton, 
(to pay & discharge the acco' of the Soldiers time And Expence, in 
attending the Hearing of the Complaints, ags' their officers) The Sum 
of Sixteen pounds & Six Shillings, & That the Treasurer be directed 
to Stop the abovesaid Sum out of Coll" Edm'^ Goffes, Cap' Johnson 
Harmans & Lieu' John Goddards pay in Equal Proportion, and that 
lie Stop out of Cap' Johnson Harmans Pay, for Phillip Amy of Ips- 
wich Six pounds, & for David Burnham of Ipswich, Tliree pounds & 
for James Emery, Two pounds Ten Shillings, & out of L' John God- 
dards pay. Two pounds for Daniel Hastings, to be paid to Nath' 
Knolton, for his Use. [Passed March 27. 



CHAPTER 142. 



Legislative 
Records of the 
Council, xi., 
299. 

Ante, p. 144, 
chap. 115. 



RESOLVE ALLOWING £20 TO CHRISTIAN BAKER. 

A Memorial of Thomas & Christian Baker, Shewing, the Said 
Christian, from her Natural affection, to her Children in Captivity 
at Canada, and in hopes of Recovering them. Designs to Undertake 
a Journey thither. That She is Encouraged to hope she may be Use- 
full to perswade many others, in the Hands of the French & Indians 
to return to their Countrey, & Religion & praying a Suitable allow- 
ance for her Support in this affair, to be made to her out, of the pub- 
lick Treasury. 

[Read and] 

Resolved, That the Sum of Twenty pounds be allowed & paid out 
of the pul)lick Treasury to Christian Baker for the reasons Mentioned 
in her petition. [Passed March 27. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1722-23. 



[153] 



LEGISLATIVE LIST^ 



172 2-2 3 



His Excellency SAMUEL SHUTE \iintil December 27, 17221, 
Captain-General and Governor-in-chief, etc. 

WILLIAM DUMMER, Lieutenant Governor \^Acting Governor from December 

27, 1722'\. 

JOSIAH WILLARD, Esq., 

SECRETARY OF the PRO^^NC■E. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly called 



the Colony of the Massachnsets-Bay ; 

William Tailer 
Samuel Sewall 
Penn Townsend 
John Appleton 
Samuel Patridge 
Edward Bromfield 
Nathaniel Norden 
Benjamin Lynde 
Addington Davenport ' 



Thomas Hutchinson 
Samuel Brown 
Thomas Fitch 
Edmund Quincy 
Esqrs. Adam Winthrop 

Jonathan Dowse 
Paul Dudley 
Samuel Thaxter 
John Tltiner 



Esqrs. 



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

Nathaniel Byfield ) John Cushing 

Isaac Winslow j ^^Q^s. j^^^ ^^^^ 



Esqrs. 



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

John Wheelwright, Joseph Hammond «fe Charles Frost, Esqrs. 

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

Spencer Phips, Esq. 

> See Legislative Records of the Council, xi., 301-303. 
[loo] 



156 Province l^xyv^ {Resolves, etc.). — 1722-23. [Representatives.] 

For the Province, at large : — 
Jonathan Belcher & William Clark, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
May 30, 1722 to Ajml 4,1723. 



Mr. JOHN CLARK, Speaker. 



County of Suffolk. 

Boston, . . . John Clark, Esq., 
Elisha Cooke, Esq., 
Mr. William Clark, 
Mr. Isaiah Tay. 

Boxbiirij, . . AVilliam Dudley, Esq. 

Dorchester, . . Col. Robert Spurr. 

Milton, . . . iNIr. Ephraim Tucker. 

Brantry, . . John Quincey, Esq. 

WeymotUh, . . Mr. Joseph White. 

Hingham, . . Capt. Thomas Loring. 

Dedham, . . Mr. Joseph Ellis. 

Medfield, . . Mr. Henry Adams. 

Woodstock, . . John Chanler, Esq. 

Mendon, . . . Mr. Thomas Sanford. 

Brooklyn, . . Mr. Edward White. 



Salem, . 
Ipswich, . 

Neivbury, 
Marblehcad 
Lynn, 
Beverly, . 
Wejiham, 
Topsjield, 
\/Andover, 
Bradford, 
Haverhill, 
Boxfiird, . 
Rowley, . 
Salisbury, 
Atnesbury, 
Glocesier, 



County of Essex. 
. Joseph Wolcot, Esq. 
. John Wainwright, Esq., 
Mr. Nathaniel Knolton. 
. Mr. William Moodey. 
. Capt. Nicholas Andrews. 
. Mr. Richard Johnson 
. Mr. Robert Briscoe. 
. Mr. William Rogers. 
. Mr. Daniel Clark. 
. Mr. James Bridges. / 
. Mr. Jonathan Woodman. 
. Mr. John Saunders. 
. Lieut. Joseph Hale. 
. Mr. Timothy Harris. 
. Mr. Isaac Morrell. 
. Capt. John Foot. 
. Mr. Samuel Stevens. 



County of Middlesex. 



Cambridge, . 
Charlcstoxvn, 

Watertoivn, . 
Newton, . . 
Sudbury, . 



. Jonathan Remington, Esq. 
, Charles Chambers, Esq., 

Mr. Ebenezer Austin. 

Mr. Richard Cooledge. 

Mr. Ebenezer Stone. 

Hopestill Brown, Esq. 



County op 

Marlboro, 
Sherburne, 
Lancaster, 
Framingham, 
Oroton, . 
Concord, . 
Chelmsford, 
Billerica, 
Woburn, . 
Reading, 
Maiden, . 
Lexington, 
Weston, . 
Dracutt, . 
Medford, 
Leicester, 



Middlesex — Co7icluded. 
Capt. William Ward. 
Mr. John Holbrook. 
Mr. Jabez Fairbanks. 
Joseph Buckminster, Esq. 
Capt. John Shipley. 
Mr. Benjamin Whittemore. 
Mr. Joseph Underwood. 
Mr. George Brown. 
Mr. Daniel Peirce. 
William Bryant, Esq. 
Mr. Samuel Bucknam. 
Francis Bowman, Esq. 
Francis Fulham. 
Major Joseph Varnum. 
Mr. John Bradford. 
John Menzies, Esq. 



County' of Hampshire. 



Sjyringfeild, 
Northamptoji, 
Hadley, . . 
Hatfield, . . 
Westfeild, . 
Brookfield, . 

Cou 

Plimouth, . 
Scituate, . . 
Marshfield, . 
Duxbury, . 
Brigewaier, 
Rochester, . 
Middleborv, . 
Pembroke, . 



. Luke Hitchcock, Esq. 
. John Stoddard, Esq. 
. Mr. Experience Porter. 
. Henry D wight, Esq. 
. Mr. Thomas Noble. 
. Mr. Joseph Jennings. 

nty of Plimouth. 
. Capt. John Dyer. 
. Mr. James Cushing. 
. Mr. Anthony Earns. 
. Mr. John Wadsworth. 
. Mr. Edward Fobes. 
. Mr. Thomas Dexter. 
. Mr. Joseph Southworth. 
. Mr. Nehemiah Cushing. 



Bristoll, . 
Taimton, 
Dighton, . 
Swanzey, 
Rchoboth, 



County of Bristoll. 

. Mr. Samuel Little. 

. Mr. John King. 

. Jared Talbott, Esq. 

. Mr. John Thomas. 

. Mr. Jathniel Peck. 



'[Representatives.] Province Laws {Resolves, etc.). — 1722-23. 157 



County of Bristoll — Concluded. 

Little Comj^ton, Capt. Sylvester RiL-hmoiul York, . . 

Tiverton, . . Mr. Gershom Woodall. Kitlery, . 

Dartmouth, . . Mr. Daniel Wood. Berwick, 

Freetoivn, . . Mr. James Gage. Falmouth, 



County of York. 
. Mr. Samuel Cane. 
. Mr. John Dennett. 
. Capt. Humphrey Chadburne. 
. Mr. Dominieus Jordan. 



County of Barnstable. 



Barnstable, 

Sandwich, 

Eastham, 

Harwich, 

Yarmouth. 



. Shubael Goreham, Esq. 
. Mr. Israel Tupper. 
. Mr. Isaac Pepper. 
. Mr. Isaac Mayo. 
. Mr. John Hedge. 



Dukes County. 
Edgar Town, . Mr. Lemuel Little. 
Chilmark, . . Ebenezer Allen, Esq. 

Island of Nantucket. 
Sherbu7'n, . . Mr. Jeremiah Gardner. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirtieth Day of May, A.D. 1722. 



CHAPTER 1. 

ORDER ON SAMASSON DANIELS PETITION FOR SALE OF LAND. 

A PETITION of Samanson^ Daniel (an Indian) of Mashpang in the LegiBiatwe 
County of Barnstable, Shewing that he has been at Considerable Charge councif x*i ^'^^ 
in the Law to defend his Title to a Certain Tract of Land, That he was 305. 
finally Cast and is in Danger of being Imprisoned for his Said Charge, & House .lonr- 
praying that he may be Enabled to Sell, a Small Point of Piny Upland °a.i, p. 5. 
of about Six Acres, with the Same Quantity of Meadow, adjoining, be- 
longing to, him. In Order to Save himself from Imprisonment ; The 
Said petition being Recommended, by John Otis, & Peter Thatcher Esq" 
Two of his Majesties Justices for the Government of the Indians in the 
Said County of Barnstable. 

Read & 

Ordered That the Petitioner be Enabled to Sell the Land Mentioned 
in the petition, with, the advice & assistance, of Peter Thatcher, Esq"" 
& Samuel Sturgis, Esq' who are desired to take Care that the full Value 
thereof be paid, & to recieve the Consideration Money, which is first to, 
be applied to the payment of the Debt mentioned in the petition, & the 
petitioners Other Just debts and the Remainder thereof (if any there 
be) for the Benefitt of the petitioner & his Family. \_Passed June 1. 



CHAPTER 2. 

VOTE ALLOWING THE COUNTY TREASURER OF HAMPSHIRE HIS ACCOt. 

An Accompt of Joseph Hawley, Treasurer, of the County of Hamp- Legislative 

shire, for the Year 1721. hav^ been Examined & allowed by the Court couDcSxlf^ 

of General Sessions of the peace for the Said County. 3og. 

Read & allowed. [Passed June 1. House Jour- 

nal, p. 5. 



CHAPTER 3. 

ORDER FOR APPREHENDING SEVERAL BRIDGEWATER MEN. 

Pursuant to the Order, of the Great & General Court at their Ses- Legislative 
sion in Nov' 1720 Impowering us the Subscribers to Sell a Certain Tract coundf, xl!'^^ 

308. 
> " Soucason," in the House Journal. 

[159] . 



160 



Province Laws {Resolves, etc. ) . — 1722-23. [Chap. 4.] 



House Jour- 
nal, p. 7. 
Ante, p. 50, 
chap. 109; 
p. 53, chap. 116. 



of Land, Lying Near the, Patent Line adjoyning, upon the Town of 
Dorchester ; upon the Eighth day of May last past. Wee together with 
a Committee, of the Town of Dorchester, went to the Land in Order 
to make the Line between the Province Laud, and the Land of Dor- 
chester, That So wee might the more perfectly know the Quantity of 
Land, Wee had to dispose of, & begun Our Line Where the Heap of 
Stones, were Formerly Erected by the Commissioners of both Govern- 
ments Viz' Massachusets & Plymouth, Where wee renewed the Ancient 
Bounds, by Erecting a Heap of Stones, which wee Intended, for the first 
Boundary, But Ephraim Fobes & Edward & Ephraim Howard ^ Came & 
told us. That wee had no Buisiness there and that wee had better take 
up the Compass & be Gone, Wee Answered them, that what wee did was 
by Older of the General Court, but the Said Edward Howard told us 
That the Court had Nothing to do with any Land there, Whereupon wee 
read to them the Court's Order, and then the Said Ephraim Fobes went 
and Threw off some of the Stones, and Said there should not be any 
Bounds there ; & from thence they, went forward to a Fence, where the 
Line Went, and there the Said Edward & Ephraim Howard warned us 
to Stand off upon our Perill, Telling us that wee Came like Robbers, 
High way men and Rioters, The Said Edward Howard had an Ax in his 
hand, and the Said Ephraim Howard a Club, wee told them wee must pro- 
ceed on the Buisiness, wee were Sent for & Coll° Thaxter, who Carried 
the Line- Stepped forward, wuth the Compass, to Go over the Fence, in 
the Course of the Line, But Edward Howard & Daniel Howard laid Vio- 
lent hands upon him & pushed him-back. So that wee were obstructed 
and Unless wee would have Come to Violence & Blood Shed wee Could 
not have gone on with our Buisiness, Therefore wee Pray that this Great 
& Honb^" Court would be pleased to Consider the before mentioned 
offence, & Give us further direction in the Premises. 

SSam'-'' Thaxter. 
Robert Spurr. 
John Quincy. 
Read and 

Ordered, That, the Sherriffs of the Countys of Suffolk & Plimouth, 
or Either of them do forthwith apprehend and. Take into Safe Cus- 
tody, the Bodies of Ephraim Fobes, Edw"^ Howard Ephraim Howard 
& Daniel Howard, if they may be found in their, or Either of their 
precincts, and have them before this Court, on Thursday the Seventh 
Instant, or as Soon as may be, to answer to this Complaint, & to do 
& recieve what this Court shall further Order hereon. \_Passed June 2. 



CHAPTER 4. 



Legislative 
Records of the 
Council, xi., 
309. 

House Jour- 
nal, p. 6. 



VOTE ALLOWING THE ACCOMP^ OF THE COUNTY TREASURER OF YORK. 

An Accompt of Abraham Prebble, Esq"' Treasurer of the County of 
York for the Year 1721, Having been Examined & approved of by the 
Court of General Sessions of the peace, for the Said County. 

Read & allowed. [Passed June 2. 

' Forbes and the Howards were Bridarewater men. 



[1st Sess.] Province Laws (Besolves, etc.). — 1722-23. 161 



CHAPTER 5. 

RESOLVE ALLOWING £3. 15 TO ROWLAND DYKE. 

An Accompt of Rowland Dyke of his Goinsr Express to the East- ^®s*^^?"\®^, 

T • -. T , 1 ^ ^ o o 1 a' j^ \^ T ^^ r^ 1 Records of the 

"ward lu March last, to biimmon Several oracers to attend the (general Council, xi., 
Court, amo' to £8. 15/ of which he recieved £5 from the Secretary. ^^ 

[Read and] House Jour- 

L -I nal, p. 6. 

Mesolved ; Ante, p. i3o, 

That, the Sum of Three pounds, & fifteen Shillings be allowed, & <='>»?• '6- 

paid out of the publick Treasury, to Rowland Dyke in full discharge 

of the Said Accompt. \_Passed June 2. 



CHAPTER 6. 

VOTE ABOUT INOCULATED PERSONS. 



Whereas, Several persons lately Inocculated for the Small Pox, are Legislative 
now at Spectacle Island ; Snct xf.!^^ 

Resolved, That the persons So Inocculated shall not Come up to the '^^ 

Town of Boston during this present Session of the General Assembly. House Jour, 
without Leave first obtained. \_Passed June 2. na , p. <. 



CHAPTER 7. 

ORDER ON PETITION OF THE INHABITANTS OF THE SOUTH PART OF 
WEYMOUTH TO BE SET OFF. 

A PETITION Signed by Edward^ Vinning, & Thirty Eight other Inhab- ^ford^oi the 
itants of the Southerly part of Weymouth, Setting forth the Great difR- Council, xi., 

culties, they are under by I'eason of their Remoteness, & the Badness ^ 

of the Way, in attending the publick Worship of God there, and there- ^ai^^'^g*'^ 
fore praying that, they may be Sett off as a distinct Town or Precinct, 
and that, the Line of division, may be drawn. Two Miles Northward, 
from their New Meeting House. Read & 

Ordered, That The Town of Weymouth be Served with a Copy of 
this petition. That they may Give in their Answer to it, on Friday the 
Eighth Instant, if they have any thing to object, Why the prayer of 
the petition may not be Granted. \_Passed June 2. 



CHAPTER 8. 

RESOLVE ALLOWING £20 TO JOHN HAYES. 



A PETITION of John Hayes Keeper of the Light House, on Beacon Legislative 

Island, Setting forth, that he has been put to Extrodinary Expence councff xl^'^'^ 

& Trouble to Give Notice, of the Act obliging Vessells from I^rance, 3ii. 

& other places Infected with the plague, to perform Quarentine, and House Jour- 
nal, p. 9. 

' "John," in the House JournaL 



162 



Province Laws {Besolves, etc.). — 1722-23. [Chaps. 9-11.] 



Province 
Laws, ii., 228, 
chap. 3. 



pi'aying that his Services may be Considered, aud a Suitable allowance 
made him for the Same. Read & 

Resolved; That there be allowed, &, paid out of the publick 

Treasury, to M"' John Hayes Keeper of the Light House the Sum of 
Twenty pounds, for his Extrodinary Service, Occasioned by the Act, 
Obliging Vessells, to perform Quarentine. \_Passed June 6. 



Legislative 
Records of the 
Council, xi., 
311. 

House Jour- 
nal, p. 11. 
Ante, p. 41, 
chap. 87. 



CHAPTER 9. 

RESOLVE CONFIRMING TITLE TO 500 ACRES OF LAND TO THE HEIRS 
OF MK JOHN PAYNE. 

A PETITION of Thomas Fayerweather, of Boston, Merch* Shewing, 
that the General Court, at their Session in Nov'' 1720 Granted Lib- 
erty, to lay out Five hundred Acres of Land (A platt thereof to, be 
returned to the Court for Confirmation) to be in full Satisfaction to, 
the Heirs of M"" John Payne for Several Grants of Land to him made, 
that he hath accordingly Got the Said Five hundred Acres of Land Laid 
out by a Surveyour, & Chain Men Under Oath, between Deerfield and 
Northfield, (a platt whereof is herewith pjxhibited) aud praying Con- 
firmation of the Same. 

[Read and] 

Resolved, That the within mentioned Five hundred Acres of Land 
be Confirmed to the Heirs of JVL John Payne, in full of all Claims, 
&, demands, provided, they do not Infringe upon any former Grants. 
\_Passed June 6. 



CHAPTER 10. 



Legislative 
Records of the 
Council, xi., 
312. 

House .Jour- 
nal, p. 12. 



RESOLVE ALLOWING £13. 2. 5 TO EDWARD WINSLOW, HIS ACCO^ OF DIS- 
BURSMENTS ON Y^ PROVINCE HOUSE. 

An Accompt presented, by Edward Winslow Esq'' of Disbursments, 
on the. Province House Provided for his Exellency the Gov"" amo' to 
the Sum of Thirteen pounds Two Shillings & Five pence. 

[Read and] 

Resolved, That the Sum of Thirteen pounds Two Shillings & Five 
pence be allowed & paid out of the publick Treasury to J^dward Wins- 
low, Esq'' in full discharge of the Said Accompt. [_Passed June 7. 



CHAPTER 11. 



RESOLVE ALLOWING £125 TO D^ EBENEZER ALLEN. 



Legislative 
Records of the 
Council, xi., 
312. 

House .Jour- 
nal, p. 12. 



An AccoMi'T presented, by Ebenezer Allen ; Surgeon, of the Forts 
Eastward, for Sixty Two AVeeks attendance, & medicines at Forty 
Shillings p'' Week, as p'' agreement, amo' to the Sum of £124. 17. 2. 

[Read and] 

Resolved, That the Sum of one hundred & Twenty Four pounds, be 
allowed, & paid out of the publick Treasury, to Doctor Ebenezer Allen, 
the Accomptant in full discharge of his Acco' to the fifteenth day of 
March 1721. [Passed June 7, 



[1st Sess.] Province Laws {Resolves, etc.). — 1722-23. 163 

CHAPTEK 12. 

VOTE ACCEPTING JOSEPH PARSONS ESQ« & HEN^' DICKINSONS ACCO"^. 

An Accompt of Joseph Parsons Esq"" & Henry Dickinson, amo' to Legislative 
Fifteen pounds, 8o much being put into their Hands, for repairing the conncif.xi.* ^ 
High way, between AV'orcester & Brooktield, of which, Three pounds, 3i-2. 



being the Overplus, was returned to M'^ Treasurer Allen, as p'' his House . Jour- 

. ^ ^ ^ ^ nal, p. 11. 

reciept. 

Read & Accepted. \_Passed June 7. 



CHAPTER 13. 

VOTE APPOINTING JOS. BURNAP TO LAY OUT LAND FOR M« JN" COB- Legislative 

BETS HEIRS. Records of the 

Council, XI., 
313. 

Voted, That Cap' Joseph Burnap, be appointed to lay out, the Laud House Jour- 
Granted to the Heirs of M' John Cobbett, in Nov"" twentieth past,^ in nai, p. i3. 
the Room of Cap' John Gardner Dec*^. \_Passed June 7. cimp! 97. ' 



CHAPTEK 14. 

ORDER ON COMMITTEES REPORT ABOUT V DEFENCE OF THE COAST 

AGS'^ PYRATES. 

William Tailer, Esq'' from the Committee of both Houses Ap- Legislative 
pointed, to Consider what is proper to be done, for defence of the councif xl*^^ 

Coast from the Pirates Gave in the following Report ; Viz' In 3i3^^ 

Obedience to the Order of the General Court, The Committee are of Legislative 
opinion, That it would be of Service to the Government, & of Security councif, xi.,**^* 
to the Trade, That a Large Sloop of Seventy or Eighty Tuns, or some 3i3. House 
other Suitable Yessell, be Immediately Impressed ; & Manned with One /«/>•«, ciia'p. 15. 
hundred men & Suitable officers To Command the Same, & to be 

Equipped with Six Great Guns & a Sufficient Quantity of all Warlike 
Stores, offensive & defensive with provisions Suitable, for the Said 
Number of Men, for one Month, & to Cruize between the Capes or 
Elsewhere, where the Captain General Shall See Cause, to direct, to 
Go in Quest of a Pirate Brigandine, Expected to be on our Coast, or 
any other Vessell that, they, have Suspicion of. By Order of the 

Committee, W" Tailer. 

Read & Accepted ; & 

Ordered, That the Gentlemen of the Committee be desired, to take 
up the Vessell mentioned in their. Report, and to See her Equipped, 
and Victualled with all Possible Expedition, and that the Treasurer 
be directed to make the Necessary Supplies, accordingly. \^Passed 
June 7. 

1 There is a mistake in this date, — a mistake repeated in the House Journal and in 
the State Library copy of Legislative Records of the Council, xi., 305. The true date is 
December 2, 1719-20; a7ite, p. 4.5, chap. 97. Capt. John Gardner was then appointed to 
make the survey, but died, it seems, before doing the work, and Capt. Joseph Burnap is 
now appointed in his place. 



16i 



Province Laavs (liesolves, etc.). — 1722-23. [Chaps. 15-17.] 



CHAPTEE 15. 



VOTE FOR ENCOURAGING THE PROSECUTION OF Y"- PYRATES. 



Legislative 
Records of tlie 
Council, xi., 
315. 

House Jour- 
nal, p. 15. 
Province 
Laws, i., 245, 
chap. 4. 
Supra, chap. 
14. 



Whereas this Court, has Resolved, that a Suitable Vessell mann'* 
with one hundred men, to be well furnished & Equipped with all War- 
like Stores, offensive & Defensive, shall be dispatched, & Sent out with 
all possible Expedition to reduce & Suppress, a Piratical, Brigantine. 
now Infesting our Coast ; For the Elncouragement of that Expe- 

dition under the Command of Peter Papillon ; 

Voted, That the Captors shall be Entituled to the piratical Vessells 
they shall take and all the Goods, Wares & Merchandizes, whatsoever, 
that Shall be found on Board, belonging to the pyrates, So far as is Con- 
sistent with the Acts, of Parliament, in Such Case made & provided. 

And for Further Encouragement ; That they be paid out of the pub- 
lick Treasury, the Sum of Ten pounds per Head for Every Pyrate, Killed 
or that shall be taken, by them. Convicted of pirac}^ and be also Enti- 
tuled to the Common AVages of the Port and in Case any man on board 
shall be maimed or wounded in p]ngaging Fighting & Repelling, the 
Pyrates, he shall be Entituled to a Bounty, Suitable to the Wounds 
he or they shall recieve, to be allowed & paid out of the publick Treas- 
ury of this Province. [^Passed June 8. 



Legislative 
Records of the 
Council, xi., 
315. 

House Jour- 
nal, p. 13. 



CHAPTEE 16. 

RESOLVE ALLOWING £6 TO JOHN BILLING. 

A PETITION of John Billing, praying an allowance for keeping Thomas, 
Oncuuganog ^ (a Blind Indian) Eight Months & for the Charge of his 
funeral ; The Said Indian, being Dead of the Small-Pox. 

[Read and] 

Resolved, That, the Sum of Six pounds be allowed & paid out of 
the publick Treasury, to M"' John Billing in full of the Said petition. 
[^Passed June 8. 



CHAPTEE 17 



RESOLVE ALLOWING £7. 16 TO COLL" JOHN OTIS. 



Legislative 
Records of the 
Council, xi., 
315. 

House Jour- 
nal, p. 14. 



An Accompt presented by Coll" John Otis, of Billeting Souldiers 
from May 28"' to June 24"' 1721. Amo' to the Sum of £7. 16/. 

[Read and] 

Resolv'^ 

That, the Sum of Seven pounds & Sixteen Shillings be allowed & 
paid out of the publick Treasury, to Coll" John Otis, in full discharge 
of the Said Accompt. \_Passed June 8. 

1 " Concamuff," in the House JournaL 



[1st Sess.] Province Laws {liesolves, etc.). — 1722-23. 165 



CHAPTER 18. SaV 

Council, xi., 

ORDER FOR IMPRISONING THE BRIDGEWATER MEN, ^— 

Legislative 
Records of the 

Ordered, That the Sherriflf of the County of Suffolk do forthwith, Council, xi., 
Committ to the Goal in Boston the Bodies of Ephraim Howard, Ed- journarp.^6. 
ward Howard, Ephraim Fobes, & Daniel Howard. \_Passed June 8. -4j'<<-. i'- iss, 



CHAPTER 19. 

ORDER FOR ADJOURNING THE COURTS IN MIDDLESEX COUNTY. 

Whereas the Court of General Sessions of the peace, & Inferiour Legislative 
Court of Common pleas for the County of Middlesex is appointed by couucir, xi. ^^^ 
Law, to be held at Cambridge, for the Said County, upon the Second ^^'°- 
Tuesday of June Cuit' & Several of the Justices, of the Said Court, House Jour- 
& others Concerned are members of this Court. Provaiice 

Ordered; That in Consideration of the present Sitting of the Gen- Laws ii., .119, 
eral Court, The Justices of the Said Court be directed to adjourn, the 
Said Courts to the Second Tuesday of July Next, any Law Usage or 
Custom to, the Contrary, Notwithstanding. \_Passed June 8. 



CHAPTER 20. 

RESOLVE FOR PAYING £13. 10 TO M« NATHJ- KNOLTON FOR SEVERALL 

SOLDIERS. 

Whereas, the General Assembly did at their Session held at Cam- Legislative 
bridge, in March last Resolve, That the Treasurer Stop out of Cap' councif xf *'^^ 
Harmans Wages, for Phillip Amy Six pounds, for David Burnham, 317. 
Three pounds, for James Emery, Fifty Shillings, & out of L' God- House Jour- 
dards pay, for Nath' Hastings, Forty, Shillings, to be paid to M'' ^«';e,'p!^i42, 
Nath' Knolton, for their Use, & whereas the Said Money was not •'hap' ipa. 
Stopped, out of the Muster Rolls, of the Said officers, who are Still "-^'"'^^"i^-'^- 
in the Service ; 

Resolved, That the above Sum, amo' to Thirteen pounds Ten Shil- 
lings be allowed and paid out of the publick Treasury, to M"" Nath' 
Knolton, for the Use of the Said Phillip Amy, David Burnham, James 
Emery, & Daniel Hastings, in proportion as abovesaid, and that, the 
Said Sums be Stopped out of the Wages of the Said officers, in y* next. 
Muster Rolls. [Passed June 9. 



CHAPTER 21. 

RESOLVE STOPPING CAP"- HARMAN CAP^ BARKER & LIEU^ GODDARD'S 
WAGES FOR CHARGES OF THE EXPRESS. 

Resolved, That the Treasurer be directed to Stop out of the Wages Legislative 
belonging to Cap' Johnson Harman, Cap' Francis Barker, & Lieu' John cmmcu, xf.,*''^ 
Goddard, the Sum of Eight pounds & Fifteen Shillings, in Equal Pro- 3i><. 



166 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 22, 23.] 



House Jour- portion, for So much paid Rowland Dyke, his Charge in Going Express 
^upra, chap. Eastward to Summon those officers, to appear before the General Court, 
2^- to answer to the Complaints, brought ags' them by the Soldiers under 

their Command, at the last. Session. [^Passed June 9. 



CHAPTEE 22. 



Legislative 
Records of the 
Council, xi., 
317. 

Legislative 
Records of the 
Council, xi., 
317. House 
Journal, p. 16. 
Ante, p. 163, 
chap. 14. 



RESOLVE ADVANCING £100 WAGES FOR CAP^ PAPILLONS MEN. 

Resolved, That the Sum of one hundred pounds, be allowed and paid 
out of the publick Treasury, to Cap' Peter Papillon To be by him dis- 
tributed. Twenty Shillings to Every Able Bodied man, that shall En- 
list, himself under him for this present Expedition, as part of their 
Wages. \_Passed June 9. 



CHAPTEE 23 



VOTE ACCEPTING THE REPORT AB'^ SUDBURY WEST MEETING HOUSE. 



Legislative 
Records of the 
Council, xi., 
307, 319. 

House Jour- 
nal, p. 20. 
Ante, p. 134, 
chap. 87. 



Pursuant, to an Order of the General Court having Viewed the place, 
proposed, & also Seen the Several parts, & Quarters on the West Side 
of the River, Agreed, That Rocky plain is the Most Convenient place 
for a Meeting House, for accomodating the Inhabitants on the West 
Side of Sudbury River, and that it accordingly be placed near Thirty 
Rods to the Westward of a House, Newly P^rected on Rocky plain, 
(and, where there has been preaching for Some Sabbaths,) near the 
place, where a Road from Concord, to Woods Mill, Crosses the pub- 
lick Road to, Lancaster, & to Stand to the Northward of Said Road. 

Reasons (1) That Rockey plain is the Most Convenient even for 
Scituatiou, to accomodate the Greatest part of the Inhabitants on the 
West Side, and (2) Tho Poplar Swamp Gutter be pretty near the Center 
of the Land on the West Side, Yet Considering the Quality of the Land, 
which wee have Viewed, Our Opinion is, that the Land, on the East Side 
is as Capable of accomodating new or more Inhabitants than the Land 
on the West Side (3) The Roads or way to Rockey plain, make it more 
Convenient to the people, on the Lords Days, Especially in the Winter 
Season than at Poplar Swamp Gutter, (4) Near Four Fifths, of the In- 
habitants on the West Side of the River, are very desirous that it may 
be at, Rockey plain, & though Several of them, Live Nearer to. Poplar 
Swamp Gutter, Yet out of Regard to the peace & Interest of the Pre- 
cinct, Chuse it should be at Rockey plain. 

With Respect, to, the Inhabitants, that live most, remote, Viz' on 
the North Side of Stow River, Wee propose that Considering their 
Living beyond the River & So much nearer to the Meeting House at 
Stow, where tliey Generally Attend the publick Worship, and are likely 
to do So, that they may be Eased, as to any Charge in the Precinct, & 
Sett off to Stow as to the Ministerial Charges ; Unanimously agreed 
to, by all Excepting M"" William Wilson, who objected only to, the Last 
proposall as to those that live on the No?th Side of Stow River. 

Signed by Order of the Committee, W*' Tailer. 

Read & Accepted, So far as it relates to the placing of the Meeting 
House, and 

Ordered That the Meeting House at Sudbury be placed at Rockey 
plain Accordingly. l^Fasaed June 12. 



[1st Sess.] Frovinch LA^\s (liesolves, etc.). — 1722-23. 167 

CHAPTER 24. 

RESOLVE AGST THE COURANT & FOR IMPRISONING JAMES FRANKLYN. 

In Council, the Board having had Considei'ation, of a Paragraph ]^|f*®(};*'^P., 
in a paper Called the New P^ngF Courant, published on Monday last, Council, xi., 

relating to the fitting out a Ship here to proceed ags' the Pyrates, & — 

having Examin*' James Franklyn Printer, who Acknowle<lged himself Rgc^rd'^'^f the 
the publisher thereof , & finding the Said Paragraph to be Grounded on Council, xi., 
a Letter, pretended by the Said Franklyn to be recieved from Rhode jo^urnai*,p?2i. 
Island, 

Resolved., That the Said, Paragraph is a High affront to this Gov- 
ernment. 

In the House of Representatives, Read & Concurred ; & 

Besolv'^ that the Sherriff of the County of Suffolk do forthwith Com- 
mitt to the Goal in Boston the Body of James Franklyn Printer, for 
the Gross affront offered to this Government, in his Courant of Mun- 
day last, there to remain during this Session 

In Council ; Read & Concurred. l_Passecl June 12. 



CHAPTER 25. 

VOTE RELEASING BRIDGEWATER MEN FROM PRISON. 

A PETITION of Ephraim Fobes, Edward Howard, Ephraim Howard, p®^^^'?**^!.!^ 
& Daniel Howard, humbly. Acknowledging their Great fault & offence, council, xi., 

in resisting & Obstructing the Committee of this Court in running the '^^^' ^'^^- 

Lines, of a Tract of Land Near the Province Line, & praying, that they House .lour- 
may be released from, their Imprisonm' Ordered by this Court for their ^'n^e.'p.ies, 
Said offence. c'^*!^- ^^' 

In the House of Representatives ; Read & 

Voted, that they be released from their Imprisonment, Giving Caution 
to, the Sherriff, that they attend, the Order of the Court. 

In Council ; Read & Concurred, with the following amendment ; 
(Viz' upon their paying the Charge & Damages already occasioned, 
by their Misdemeanour;) which was agreed to, by the Repre- 

sentatives. [Passed June 13. 



CHAPTER 26. 

ORDER ON THE PETITION OF THE SELECT MEN OF LEICESTER PRAY- 
ING CONFIRMATION OF POWERS. 

A Petition of John Menzies, Esq'' and others Select-men, of Leices- Legislative 
ter. Praying that the Said Town of Leicester may be Confirmed in the councif, xl*,^^ 

Enjoyment, of the Powers and Priveledges of a Town, & be Enabled '^ 

to Collect & Gather a Tax upon Polls & Estates, by the Said Town House Jour- 
Sett & assessed, for the Support of the Ministry, & other Charges. S'j!je^'p"u, 
Read ^ & <;iiap' -4- 

Ordered., That the Town of Leicester, shall have, Use, Enjoy, and 
Exercise the Powers, Priveledges, & Immunities, that any other Towns 

• " And accepted " (as reported by a committee), as appears by the House Journal. 



1(38 



Province Laws {Resolves, etc. ) . — 1722-23. [Chaps. 27, 28.] 



Legislative 
Records of tlie 
Council, xi., 
322. 

House Jour- 
nal, p. 25. 
Province 
Laws, ii., 181, 
chap. 6. 



have, and that the Present, Town officers shall remain & Continue in 
their Respective Places & Trusts untill Others shall be Chosen in their 
rooms in the Annual Town, Meeting in March Next, and That the Town 
Rate & Tax, Granted and Agreed upon by the Said Town Meeting, of 
Five Shillings p"" the poll, & Four pence p"" the Acre, and Accordingly 
Assesed by the Select-men or Assessors, who were under Oath, directed 
to the Constable or Constables, of the Said Town, & dated on April 8"" 
1722, be and hereby is Confirmed & Established, and the Constable 
Daniel Denny, to whom the Warrant for Collecting the Same is directed 
be and hereby is fully Impowered and Authorized &, directed, to pro- 
ceed & act, According to the Warrant, & the Laws, in that Case Pro- 
vided, Saving to any person Over Rated, Contrary to that Towns, Vote, 
their Remedy by & from the General Sessions, of the peace in the County 
of Middlesex, according to the directions of the Law. \_Passed June 14. 



CHAPTEE 27. 

ORDER ON PETITION OF THE COMMITTEE FOR SALEM EAST PARISH 
IN REGARD TO ARREARS OF TAXES. 

A PETITION of Simon Willard & othei's a Committee, for the East 
Parish, in Salem ; Shewing that the Collectors for the Said Parish, are 
In Arrears, as to, the Tax Committed to them. Many persons refusing 
to pay them, & that they have No power to distrain. Not, being under 
Oath at the Time of the Execution of their Said office, the Law Oblig- 
ing, Collectors to be under Oath being made Since Two of the s*^ Col- 
lectors were appointed, and therefore praying that the Said Collectors 
may now be admitted to their Oaths and Impowered to. Collect, what 
Remains of the Sums Committed to, them, Read &, 

Ordered; That the prayer of the petition, be Granted, and that the 
Said Collectors be admitted to their Oaths, and Impowered Accord- 
ingly, that So there may be no defect, in Gatheiing the Taxes any. 
Law, Usage, or Custom, to the Contrary Notwithstanding. \_Passed 
June 14. 



CHAPTER 28. 



RESOLVE ALLOWING TREASURER ALLENS ACCO"" OF DISBURSMENTS. 



Legislative 
Records of the 
Council, xi., 
323. 

House Jour- 
nal, p. 6. 



An Accompt of Moneys paid & disbursed b}^ Jeremiah Allen Esq', 
Treasurer, for Provisions, & other Necessarys, for his Majesties Forces 
Eastward, & other Incidental Charges, for his Majesties Service, from 
March 1721, to May 20"^ 1722, Amo' to, the Sum of £835. 5. 7. 

[Accepted, And] 

Resolved; that the Sum of Eight Hundred & Thirty Five pounds, 
Five Shillings, & Seven pence, ^ be allowed, and paid out of the pub- 
lick Treasury, to Jeremiah Allen Escf Treasurer, in full discharge of 
the above Accompt. \_Passed June 14. 

' The House Journal has the sum £833. 5. 7. 



[1st Sess.] Province Laws {Besolves, etc.). — 1722-23. 169 



CHAPTER 29. 

RESOLVE ON THE AFFAIRS OF WORCESTER, IN REGARD TO THE MIN- 
ISTRY. 

Resolved^ That the Inhabitants of Worcester, be Vested with the Legislative 
powers & Priveledges of other Towns within this Province, and that it councn^ xi.*^*^ 
be Earnestly recommended to that Council, only of the Seven Churches, 323. 
which did meet at Worcester in Sepf 1721, to whom the Contending House Jour- 
parties Submitted, their differences relating to the Revr*^ M"^ Andrew n^i. pp- i^, 22. 
Gardner, That the Said Council proceed & Go to Worcester on or before 
the First Wednesday in September Next, to finish what is further Nec- 
essary to be done for the procuring, & Establishing, of Peace in the Said 
Town, according to the Submission of the Partys, & that the Freeholders 
& Inhabitants of Worcester, be Assembled on the last, Wednesday in 
Sepf Next at Ten a Clock in the Forenoon, to Chuse all Town-officers, 
as by Law accustomed for Towns to do at their Annual Meeting in 
March, and, that at, the Opening of the Meeting, they first proceed 
to the Choice, of a Moderator by Written Votes. \_Passed June 14. 



CHAPTER 30. 

RESOLVE ALLOWING £4. 13. 3 TO BENJ^ HALLEY. 

An Accompt of Benj°' Hally of Work Done & Materials Supplied for Legislative 
his Majesties Fort at AVinter Harbour, Amo' to the Sum of £4. 17. 3. councn' xi.!^^ 

[Read, Accepted And] 323. 

Resolved, that, the Sum of Four pounds Thirteen, Shillings, & Three House Jour- 
pence, be allowed & paid out of the publick Treasury to Benj" Halley, ^^^' ^' '^' 
the Accomptant in full discharge, of the AVithin Accompt. l_Passed 
June 14. 



CHAPTER 31. 

RESOLVE ALLOWING £24 TO DISCHARGE BENJ^ HALLEYS 2» ACCO^". 

An Accompt of Benj'' Halley for Cord AVood Supplied his Majesties Legislative 
Fort Mary at AVinter Harbour for the Year 1721. Amo' to £33. 18/. SSxlf^ 

[Read, Accepted and] 324. 

Resolved, that the Sum of Twenty Four pounds ^ be allowed & paid House Jour- 
out of the publick Treasury to Benj* Halley the Accomptant, in full "^^'P-'-^- 
discharge of this Acco' of AVood hereto Annexed. \_Passed June 14. 



CHAPTER 32. 

RESOLVE ALLOWING £2. 5 TO DISCHARGE BENJ^ HALLEYS 2,^ ACCO^. 

An Accompt of Benj* Halley of Cord AVood Supplied his Majesties Legislative 
Fort, Mary, at AVinter Harbour in the Year 1721, Amo' to £3. 3/. Sdf.xi.!^® 

[Read, Accepted and] 324. 

1 The House Journal reads, £24. 2. 



170 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 33-36.] 



House Jour- 
nal, p. 26. 



Resolved That the Sum of Two pounds Five Shillings be allowed & 
paid out of the publick Treasury to, Benjamin Halley in full discharge 
of the Within Accompt. \_Passed June 14. 



Legislative 
Records of the 
Council, xi., 
324. 

House .Jour- 
nal, p. 26. 



CHAPTER 33. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF NORTHFEILD 

GARRISON. 

A Muster, Roll of the Garrison at Northfeild under the Comm*^ of 
Serg' Joseph Halley, Containing an acco' of their Wages, & Billeting 
from Dec^ P' 1721, to May 3P' 1722, Amo' to the Sum of £162. 10/. 

[Read, Accepted and] 

Resolved, That the Sum of One hundred and Sixty Two pounds & 
Ten Shillings be allowed & paid out of the Publick Treasury, to Henry 
Dwight, Esq'' in full discharge of the Muster Roll & Billeting. \_Passed 
June 14. 



CHAPTER 34 



RESOLVE ALLOWING £4. 2 TO D" THO« HASTINGS. 



Legislative 
Records of the 
Council, xi., 
324. 

House Jour- 
nal, p. 27. 



An Accompt of Tho' Hastings, Surgeon of the Cure of Joseph Allis 
A Soldier of the Garrison at Northfeild Amo' to the Sum of £4. 2/. 

[Read, Accepted and] 

Resolved That the Sum of Four pounds Two Shillings be allowed & 
paid out of the publick Treasur}^ to Henry Dwight Esq'' in full discharge 
of the Within Accompt. \_Passed June 14. 



CHAPTER 35. 



RESOLVE ALLOWING £7. 16 TO DISCHARGE CHADBURNE'S, GRANT'S, AND 

BUTLER'S ACCOf. 



Legislative 
Records of the 
Council, xi., 
324. 

Legislative 
Records of the 
Council, xi., 
116. House 
Journal, p. 8 
(March, 1720); 
p. 20. Ante, 
p. 90, chap. 25. 



An Accompt of Humphrey Chadburn, James Grant & Tho' Butler 
of the Charge of Seizing Pine Logs Cut on y*" Province Lands, Amo' 
to, £7. 16/. 

[Read and] 

Resolved That the Sum of Seven pounds Sixteen Shillings, be allowed 
& paid out of the publick Treasury to Humphrey Chadburne, James 
Grant, & Tho' Butler, the Accomptants, in full discharge of the Said 
Accompt. \_Passed Jane 14. 



CHAPTER 36 



RESOLVE ALLOWING £8. L5 TO WILL" PRAT. 



Legislative 
Records of the 
Council, xi., 
32.'). 



An Accompt of AVilliam Pratt of the Hire of his Sloop & Company 
for Seven days, in y*^ publick Service under Coll° Edm*^ Goffe Amo' to 

£8. 15/. 



[1st Sess.] Puovince Laws {Resolves, etc.). — 1722-23. 171 

[Read, Accepted and] SiTp*^ so-""^" 

Resole'^ That the Sum of Eight pounds & Fifteen Shillings be allow^ 

and paid oat of the pubiick Treasuiy to William Pratt the Accomptant 

in full tlischarge of the Above Accompt. \_Pa>ised Jane 14. 



CHAPTER 37. 

VOTE FOR THE TREASURERS DISCHARGE ON HIS GENERALL ACCOMPT- 

The Accompts of Jeremiah Allen Esq'' Treasurer & receiver General ^^?'^^^*'^f fi,, 
of the Province of the Massachusets Bav in New England, beginning council, xi., 
the Thirty first of May 1721, & Continued to the Thirty first of May ^"-'^• 



1722, amo' to the Sura of Ninety Six Thousand Eight Hundred, Forty ^jj^,"®^'^ o-""^" 
Seven pounds Eight Shillings & Eight pence half penny, ^ having been 
laid before the House of Representatives, and Inspected, by Said House, 
by which it appears there was Standing out the Thirty first of May 1722, 
Twenty Nine hundred, Twenty Nine pounds Three Shillings & Eight 
pence, of the Taxes, Eleven Thousand Plight Hundr*^ and Nine pounds, 
Two Shillings Neet Province Bills, and Five Thousand One hundred, 
Twenty Seven pounds, & Four pence half penu}',^ with the Five p"" C 
advance, thereon in The Treasury further to be Accompted for. 

Voted, T^hat, the Said Accompts in the Several Articles, of Receipts 
& payments, therein Mentioned amo' to the Sum of Sevent}' Six Thou- 
sand Nine hundred Eighty Two pounds Two Shillings & Eight pence, 
be and hereby, are allowed of and, the Said Treasurer, is hereby dis- 
charged of the Said Sum of Seventy Six Thousand Nine hundred. Eighty 
Two pounds, Two Shillings & Eight pence. \^Passed June 15. 



CHAPTER 38. 

RESOLVE ADDING £4 PER ANNUM TO THE ALLOWANCE IN FAVOR OF 
JONATHAN JACKSON. 

A PETITION of Jonathan Jackson, of Scituate, Praying that as the Legislative 
Court were pleased, to allow him a Pension of Four pounds p' annum, couucff xi.*'^^ 
in Consideration of the Wounds, he recieved in the Countreys Service, 3-27. 
in Phillips War, This Court, would please to add Something, to his House Jour- 
Support in his Old Age, His wounds being now more Greivous, to province 
him than formerly. Read, and for the Considerations mentioned Laws, ix.,660, 

• ,, i-i- chap. -2,. 

in the petition. 

Resolved, that^ the Sum of Four pounds p'' annum be added to the 
allowance, & paid out of the pubiick Treasuiy, to Jonathan Jackson, 
the petitioner during his Natural life. [^Passed June 15 

' The "half penny" is omitted in the House Journah 

' After this word the House Journal inserts the words " for the Considerations men- 
tioned in the Petition," which here appear in the line of the text preceding. 



172 



Province Laws (Hesolves, etc.). — 1722-23. [Chaps. 39-42.] 



CHAPTER 39. 



RESOLVE ALLOWING £L 10 TO NATH'- TARBOX. 



Legislative 
Records of the 
Council, xi., 
328. 

House Jour- 
nal, p. 29. 



An Accompt of Nath' Tarbox, of wood Supplied, the Soldiers under 
Command, of Coll" Edmund Goffe Amo' to the Sum of £2. 2. 

[Read, Accepted and] Resolved, that the Sum of one pounds ^ Ten 
Shillings be allowed & paid out of the publick Treasury, to Nath' Tar- 
box, in full of the within Accompt. [^Passed June 16. 



CHAPTER 40. 



RESOLVE ALLOWING £117. 9. 6 TO COLL" JOSEPH BUCKMINISTER. 



Legislative 
Records of the 
Council, xi., 
328. 

Legislative 
Records of the 
Council, xi., 
327. House 
Journal, pp. 27, 
28, 30. 



An Accompt Presented b}' ColP Joseph Buckminister & Cap' John 
Shipley, of the Charge of Surveying The Lands on Each Side, of Mer- 
rimeck River, between Suneook and Contu Cook by Order of the House 
AmoUo, £117. 9. 6. 

[Read, accepted, and] 

Resolv'^ That, the Sum of one hundred & Seventeen pounds, Nine 
Shillings & Six pence, be paid out of the. publick Treasury in full dis- 
charge of the within Accompt. \_Passed June 16. 



CHAPTER 41. 



RESOLVE ALLOWING £40 TO DOMINICUS JORDAN FOR FALMOUTH. 



Legislative 
Records of the 
Council, xi., 
330. 

House Jour- 
nal, p. 30. 
Province 
Laws, ix., 292, 
chap. 27; 524, 
chap. 4. 



A PETITION of Dominicus Jordan, in behalf of the Inhabitants of 
Falmouth in Casco Bay, Shewing that they have A Minister among 
them and have begun a Meeting House, for the publick Worship of 
Grod, but By Reason of the Troubles by the Indians, which have much 
Impoverished them, they are unable to finish the Said Build» And there- 
fore praying that this Court would Allow them Something, for Finishing 
the Said Building, and the Rather because the Soldiers in the Publick 
Service will have Some benefitt therefrom. 

Read & 

Resolved That the Sum of Forty pounds bd allowed and paid out, 
of the Publick Treasury to M"" Dominicus Jordan to be by him deliv- 
ered into the hands of the Treasurer of the Town of Falmouth towards 
Carrying on & - P'inishing a Meeting House Erected in the Said Town. 
\_Passed June 18. 



CHAPTER 42 



VOTE ALLOWING ACCOMPT OF THE COUNTY TREASURER OF PLIMOUTH. 



Legislative ^jj AccOMPT of John Dyer Treasurer of the County of Plimouth, 

Council, xi., for the Year 1721, having been presented and Laid before the Court 

I Sic. 

2 The House Journal omits the words "towards Carrying on &," and inserts the word 
"for." 



[Ijst Sess.] Province Laws (^Resolves, etc.). — 1722-23. 173 

of General Sessions of the peace for the Said County & by them ap- House Jour- 
proved of and allowed °*'' p- ^'^• 

Read & Allowed. \_Passed June 18. 



CHAPTER 43. 

ORDER ON BILLINGSGATE PETITION IN REGARD TO THE MINISTRY. 

A Petition of the Agents for the Hamlet of Billingsgate, Praying Legislative 
that they may be Sett off a Precinct to be a Third part of the Town counc'if, xi.f "" 
of Eastham, Or to Extend from the Bound Line of Truro to the Indian 33i, 333.' 
Brook, & So to Billingsgate Point, Or that the Three ministers may be Legislative 
Supported, by the whole Town, Only further praying that a Com- coundf, xi.'*'^ 
mittee, at the Charge of the Petitioners, may Go on the Spot, & View 33i. House' 
& Consider the Circumstances of the Said Hamlet, and Report to this °"'° '^^' 
Court at their Next Session, what they may think reasonable & Neces- 
sary to be done for the Petitioners, Respecting the Settlement of the 
Ministry among them; and that the Town of Eastham be directed to 
Give their reasons to this Court (If any they have) Why the Petitioners 
according to the Bounds as Set forth in the Other Petition, Should not 
be made a distinct. Precinct. Read & 

Ordered That the Town of Eastham, be Served with a Copy of 
this Petition, that they may Shew Cause, (If any they have) Why the 
Prayer of this Petition should not be Granted, on the Second, Wednes- 
day of the Next Session of this Court. ^ \_Passed June 19. 



CHAPTER LL. 

RESOLVE ALLOWING £17. 14. 3 TO L^ DAN'- POWNING. 

An Accompt presented by Daniel Powning Keeper of the Powder Legislative 
House In Boston, for the Year last past Amo' to £117. 11. 10, Bal- councif, xi.!''^ 
lance of which due to him is y*" Sum of £17. 14. 3. 333. 

[Read, And] House Jour- 

Besolved, that, the Sum of Seventeen Pounds, Fourteen Shillings °^^'i^-"^'^- 
«Sb three pence, be allowed and paid out of the publick Treasury to 
M^ Daniel Powning in full' of this Acco'. [^Passed June 19. 



CHAPTER 45. 

ORDER ON PETITION OF SIMON DAVIS, & DAVID WHITTAKER FOR 
PARTITION OF LANDS. 

A Petition of Simon Davis & David Whittaker of Concord, Shew- Legislative 
ing that, there is a Tract of Land, held in Common, between the Peti- coundf xl*''* 
tioner Whittaker & Peter Davis, (Son of the Other, Petitioner Simon 329. 3;s3.'' 
Davis) who is an Infant that the Said Land is not Profitable to Either House Jour- 
of them, as it now lies, and Therefore Praying that this Court, would ^^^'i^-^^- 
appoint Some Meet Persons, to divide the Said Land, that the Said 
Proprietors may have the Several Parts, thereof 

1 In the House Journal this order is given in a condensed form. 

^ The rest reads thus in the House Journal : " Discharge of his said Accompt to the 
31st of May past." 



174. 



Province Laws (liesolves, etc. ) . — 1722-23. [Chaps. 4(3-4:8.] 



Read & 

Ordered, That, the Judge of Probate for the County of Middle- 
sex be Impowered and directed to appoint a Committee of Five Free- 
holders to make a Just and Equal Division, of the Land Mentioned 
in the petition, and Return the Same upon Oath,^ unto the Said Judge 
of Probate, who shall allow of Such Division, & Accordingly Assign 
the Petitioner, his Part & Share therein Provided all Parties Con- 
cerned have due Notice and the Minor have first Chosen his Guar- 
dians. [Passed June 19. 



CHAPTER 46. 



ORDER ADJOURNING ESSEX COURTS. 



Legislative 
Records of the 
Council, xi., 
334. 

House Jour- 
nal, p. 34. 
Province 
Laws, i., 367, 
cliap. 1 ; 369, 
chap. -2. 



Whereas the Court of General Sessions of the peace, & Inferiour 
Court of Common Pleas for the County of Essex is appointed by Law 
to be held at Salem in S'' County upon the last Tuesday of June Curr' 
and Several of the Justices of the Said Court, & others Concerned are 
members of this Court, 

Ordered, That, On Consideration of the present Sitting of the Gen- 
eral Court, the Justices of the Said Courts are directed to adjourn the 
Said Courts to the Third Tuesday of July next. Any Law Usage or 
Custom to, the Contrary Notwithstanding. [Passed June 20. 



CHAPTER 47 



VOTE ON JAMES FRANKLYNS PETITION & CONFESSION PRAYING 
CHARGE FROM PRISON. 



DIS- 



Leglslatlve 
Records of the 
Council, xi., 
334. 

House Jour- 
nal, p. 31. 
Ante, p. 167, 
chap. 24. 



A Petition of James Franklyn Printer, Humbly Shewing that he is 
Truely Sensible & Heartily Sorry for the offence he has Given to this 
Court, in the late Courant, relating to the fitting out a Ship By the Gov- 
ernment, & Truly Acknowledges his Inadvertency & Folly therein in 
affronting the Government, as also his Indiscretion & Indecency, when 
before the Court, for all which he Entreats, the Courts forgiveness, & 
praying a discharge from the Stone Prison, where he is Confined, by 
Order of the Court, and that he may have the Liberty of the Yard, He 
being much Indisposed, & Suffering in his health, by the Said Confine- 
ment, A Certificate from D'' Zabdiel Boylstone of his Illness, being 
offered, with the Said petition. 

Read & 

Voted, That, James Franklyn now a Prisoner in the Stone Goal may 
have the Liberty of the Prison House &, Yai-d, upon his Giving Secu- 
rity for his faithfuU abiding there. [Passed June 20. 



CHAPTER 48. 



RESOLVE ALLOWING £1. bl TO EZRA COTTELL. 



Records"onhe ^^ AccoMPT presented by Ezra Cottell of Horse Hire Time & Ex- 
Councii.xi., pence in Riding Express from Newbury to Boston, Amo' to, £1. 15/. 
[Read and] 

' The House Journal docs not contain the words "upon Oath." 



334 



[1st Sess.] Province Laws {Resolves, etc.). — 1722-23. 175 

Besolved, That the Sura of one pound & Fifteen Shillings be allowed Ji^"u^e Jour- 
& paid out of the Publick TreasuiT, to Ezra Cottell in full discharge 
of the above Aceompt. [Passed June 20. 



CHAPTEK 49. 

VOTE RESPECTING THE VACATION AT HARVARD COLLEDGE. 

Whereas, by reason of the Small Pox being In the Town of Boston Legislative 
& Several Other Towns, the Summer past, Several of the Students of cquuch! xi. *^^ 
Harvard CoUedge were absent a Great part of the Year past and upon 335. 
its approach into the Town of Cambridge in Nov"" last, that Society was House Jour- 
broken up for Sometime, & being not Long Since Got together, and the "'^''P-^-''- 
Commencement near at hand, 

Voted, That the Gentlemen of the Corporation be advised, that the 
Vacation usually allowed & Given, to the Students after the Com- 
mencement, which was ^ Four or Five Weeks do not Exceed, one 
Week, But- that, the Students may in Some Measure regain their 
lost time, by reason of their Long absence. Occasioned, as aforesaid ; 
That the Fellows, Tutors, & Students, be not allowed to be absent, 
more than a Week, from the Commencement, & then put into Com- 
mons again, and So^ follow their Usual Studys & Recitations. [Passed 
June 21. 



CHAPTER 50. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT FORT MARY AT WINTER HARBOUR. 

A Muster Roll of the Garrison in his Majesty s Service at Fort Legislative 
Mary, at Winter Harbour, under the Comm"^ of Cap' John Gray, Con- councif.xi., ^ 
taining an Aceompt of Wages Due to them for their Said Service, !£^ 



from March 2*^ to March 28* 1722 Amounting to the Sum of £13. 19. 5. House Jour- 
[Read, Accepted and] °'^ ' ^' 

Resolved That, the Sum of Thirteen pounds. Nineteen Shillings & 
Five pence be allowed & paid out of the publick Treasury, to dis- 
charge the Wages due to the officers, & Soldiers, therein Mentioned.^ 
[Passed June 22. 



CHAPTER 51. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF LIEU'^ JOSEPH 

HEATHg COMP'''. 

A Muster, Roll of the Company under the Command of Lieu' Joseph Legislative 
Heath, in his Majesties Service in the Eastern parts Containing an Ac- councif, xi., 
compt of their Service from Dec' 20'^' 1721, to May 1722, Amo' to the ^ 



Sum of £233. 4. 3. House Jour- 

[Read, Accepted and] ' ' ^' 

Resolved, That the Sum of Two hundred & Thirty three pounds Four 

' The House Journal inserts, " usually." 

* The House Journal omits this word. 

3 The House Journal reads "inserted," instead of "Mentioned." 



176 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 52-54.] 



Shillings & three pence be allowed & paid out of the publick Treasury 
to ^ the officers & Soldiers, Inserted, in the Within Muster Roll to dis- 
chai'ge their Wages. \_Passed June 22. 



Legislative 
Records of the 
€oiincil, xi., 
337. 

Honse Jour- 
nal, p. 36. 



CHAPTEE 52. 

RESOLVE ALLOWING £24 TO JOHN MARRINER. 

Ax AccoMPT Presented By John Marriner, of the Hire of the Sloop 
Brittania, Impress d to go on the publick Service, to Penobscot, being 
out one Month with Wages, As Certified by Cap' Moodey Amo' to the 
Sum of £24. 

[Read, Accepted and] 

Resolved 

That, the Sum of Twenty Four pounds be allowed & paid out of the 
publick Treasury to ^ John Marriner, to discharge the Within Accompt. 
\_Passed June 22. 



CHAPTER 53. 

RESOLVE ALLOWING £7. 16. 11 TO SAMUEL GOOKIN. 

Records^of the ^^ AccoMPT, Presented by Samuel Gookin, Sherriff of disbursraents 
Council, xi., on the Prison at, Cambridge, Amo' to, the, Sum of £15. 13. 10. 

— ^ [Read, Accepted and] 

Siil^p^ 36*."* Resolved That, the Sum of Seven pounds, Sixteen Shillings, & 

^«*e. P;i22, Eleven pence ^ be allowed &, paid out of the publick Treasury to, 
5«/ra, chap. .54. Samuel Gookin Sherriff in full discharge of the province part of S** 
Accompt. \_Passed June 22. 



CHAPTER 54. 



RESOLVE ALLOWING £6. 12. 7 TO DISCHARGE BAM^^ GOOKINS 2^ ACCO^. 



Legislative 
Records of the 
Council, xi., 
337. 

Legislative 
Records of the 
Council, xi., 
243. House 
.Journal, p. .36. 
Supra, chap. 
53. 



An Accompt Presented by ; Samuel Gookin, Sherriff of Sundrys Dis- 
bursed for the Indian Hostages at The Prison in Cambridge, Amo' to 
£6. 12. 7. 

[Read, Accepted and] 

Resolved That the Sum of Six pounds. Twelve Shillings & Seven 
pence, be allowed, and paid out of the publick Treasury, to M"" Samuel 
Gookin Sherriff in full discharge, of the within Accompt. [^Passed 
June 22. 

' The House Journal from this word on reads, " Discharge the Wages due to the Officers 
and Soldiers therein inserted." 

■■^ The House Journal from this word on reads, "the Accomptant in full Discharge 
thereof." 

3 The House Journal from this word on reads, "being one half of the said Sum, be 
Allowed . . . Samuel Gookin Sheriff, (the other half being to be Paid by the County of 
Middlesex.) " 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1722-23. 177 

CHAPTER ^^. 

RESOLVE ALLOWING £28. 1. 8 TO DISCHARGE SAM" GOOKINS 3" ACCO^. 

An Accompt presented by Samuel Gookin Sherriff of Siuidrys dis- Legislative 
bursed for the Board of Mons^ Casteen Amo' to, the Sum of £28. 1. 8. £nc"if,xi"'^ 

[Read, Accepted aud] Resolved That the Sum of Twenty Eight 338. 
pounds one Shilling & Eight pence be allowed & paid out of the Legislative 
Publick Treasury to Samuel Crookin Sherriff in full discharge of the couucir.xi.* ^ 
within Accompt^ \_Passed June 22. jkf'riSr%6 



CHAPTER 56. 

RESOLVE FOR AN ALLOWANCE TO M« SAM'-i- HUNT, MINISTER OF 

DARTMOUTH. 

A Petition, of Sundry Persons, being of the Church, & Congrega- Legislative 
tion at Acooshnett Village in Dartmouth, Praying, this Court to ap- councif.xi., 
point an Annuall Salary Sufficient for the Maintenance of M"^ Samuel ^^^- 



Hunt, their Minister, to be paid to him out of the Province Treasury House Jour- 
for Reasons in the S'^ Petition Mentioned. Province ' 

Read and ^hlipf'n:' ^^' 

Resolved That the Sum of One hundred pounds be allowed & paid 
out of the publick Treasury, to M"^ Sam" Hunt, Minister of the Town 
of Dartmouth, for his Support in the Ministry the Year Currant, Be- 
ginning the First of June Instant pursuant to An Act, made in the 
Second Year of King George - Entituled An Act for the Maintenance, 
& Propagating Religion. \_Passed June 22. 



CHAPTER 57. 



VOTE FOR PROVIDING A MINISTER AT TIVERTON. 



Voted^ That there be a " Learned Orthodox, Minister, of Good Con- Legislative 
versation Sent to the Town of Tiverton, Pursuant to an Act, made in councif, xl!'^^ 
the Seventh^ Year of the Reign of his Present Majesty, Entituled an -^ 



Act, for maintaining, & Propagating Religion, & That Edward Brom- House Jour- 
field, EsqS with, the Revr-^ M'-^Benj'' Wadsworth, M' Benj'' Colman & prov'ince 
M'' Joseph Sewall, be^ a Committee to Lookout Such an able Minister, gjfa^'%1'"' '^' 
For the Said Town. \_Passed Jane 22. 

» For the last three words the House Journal reads, "this Accompt." 

2 " His Majesty's," in the House Journal. 

s The House Journal reads, " an Able, Learned," etc. 

* The House Journal reads " Second," which of course is right. The State Library copy 
(Legislative Records of the Council, xi., 326) reads "Seventh." 

* The House Journal from this word on reads, " appointed to look out and recommend 
such an One for the said Town." 



178 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 58-GO.] 



CHAPTER 58. 



Legislative 
Records of the 
Council, xi., 
339. 

House Jour- 
nal, pp. 35, 36. 



RESOLVE ALLOWING £2. 6. 6 TO W« DYER. 

An Accompt of William Dyer of Work done at Fort Mary, at Winter 
Harbour, Certified by Cap' John Gray, Amo' to the Sum of £2. 6. 6. 

[Read, Accepted, And] 

Resolv'^ 

That, the Sum of Two pounds Six Shillings & G**, be allowed and 
paid out of the publick Treasury, to^ William Dyer in full of the 
Within Accompt. \_Passed June 22. 



Legislative 
Records of the 
Council, xi., 
340. 

House Jour- 
nal, p. 38. 



CHAPTER 59. 

RESOLVE ALLOWING £20 TO ANDREW GREELY & HENRY AMBROSE. 

A Petition of Andrew Greely & Henry Ambrose, praying for Some 
allowance out of the publick Treasury in Consideration of what they 
have Suffered by their Being Taxed to the Government of New Hamp- 
shire, & Imprisoned there because of their refusall to pay their Taxes 
to that Government. 

Read & 

Resolved That, the Sum of Twenty pounds, be allowed & paid out 
of the Publick Treasury to Andrew Greely & Henry Ambrose Ten 
pounds to Each of the Petitioners in answer to their petition. \_Passed 
June 23. 



CHAPTER 60. 



VOTE ACCEPTING THE REPORT ABOUT MILTON MEETING HOUSE. 



Legislative 
Records of the 
Council, xi., 
340. 

House Jour- 
nal, pp. -27, .35. 
Ante, p. 26, 
chap. 52. 



A Petition of a Committee Specially appointed for the Town of Mil- 
ton, Shewing that, the place Stated for the Build''' a Meeting House, in 
the Said Town is not to be disposed of. Nor Can a Title be made thereto, 
Some of the Proprietors being under Age ; & there fore praying in behalf 
of the Said Town that the Meeting House may be built on the Ministe- 
rial or Church Land So Called, Thirty Rods Westerly of the Land of 
Nath' Pitcher & on the South Side of the Way Through the S*^ Land. 
A Petition of Samuel Miller & others in Behalf of the Inhabitants of 
the Easterly End of Milton praying that the Meeting House may not 
be Sett on the Church Land and that they may be heard thereupon. 
In the House of Representatives [June 14], Read & 
Ordered That M'' James Cushing, Joseph Buckminister Escf ^and M"" 
Thomas Sanford be a Connnittee, to repair to Milton View the place 
Assigned by the former Committee, & find out the Most Convenient, 
& Nearest place to it, for the Erecting a Meeting House, & Report 
the Same to the House June 20 1722, M"^ James Cushing from 

the Committee reported that they had been at Milton, Viewed, the 
place that A Former Committee had Stated for Erecting a Meeting, 
House in Said Town, and also at the recjuest of the Inhabitants went 
«& Viewed, the Most part of the Said Town, where, the Inhabitants 



1 The House Journal from this word on reads, 
said Accompt." 



' tlie Accomptant in full Discharge of 



[1st Sess.] Province Laws (i?eso?ve.s, e^c). — 1722-23. 179 

dwell, & in our humble Opinion, the Most Convenient place for the 
Erecting a Meeting House, in the Said Town, The Nearest to the 
place the former Committee Staled is about Five & Twenty Rods 
Easterly of the Said place on the other Side of the Way, on P^nsign 
Swifts Land, Said Swift offering an Accomodation of Land to the 
Town, at a Reasonable Rate to Erect Said House, & accomodations 
for the Same to the. Quantity of half an Acre of Land or thereabouts 
being Thirteen Rods Long upon the Front, at the Said way and Six 
Rods wide, beginning at, the North East, Corner of S** Land and So 
Extending westward. Thirteen Rods by Said way, Read & Ac- 

cepted. l_Passed June 23. 



CHAPTEK 61. 

RESOLVE ALLOWING £24. 6. 11 TO NICHOLAS BOON. 

An Accompt presented by Nicholas Boon of paper & printing for Legislative 
the House of Representatives in March last with paper (fee" Supplyed councif.xi.* ^ 

William Payne Esq*^ Clerk of the Said House, A mo' to the Sum of 33", 34i. 

£24. 6. 11. In the House of Representatives; [Read, Accepted ^^^j'^^^j'^^J'^gg 

and] 

liesolv'' 

That the Sum of Twenty Four pounds, Six Shillings & Eleven ^ pence 
be allowed and paid out of the publick Treasury, to ^ M'' Nicholas Boon 
in full discharge of the Said Accompt. 

In Council, read and Concurred with, the abatement of Fifteen Shil- 
lings for Horse Hire ; In the House of Representatives Read and 
Concurred. \_Passed June 23. 



CHAPTER 62. 

ORDER ON PETITION OF JOSP" MARBLE & OTHERS OF SUDBURY PRAY- 
ING TO BE SET OFF. 

A Petition of Joseph Marble & Seven other Inhabitants, of the Legislative 
Town of Sudbury, Lying on the AYesterly Side of Elisabeth River, Sncif.xi.J*'® 

Shewing that by reason of their remoteness and having, the Saicf River 342^ 

between them & the Town, they Cannot without Great difficulty, at- House .Jour- 
tend the Publick Worship there, & praying to be Sett off with their "''^' ^^ ^^• 
Families, to the Church in the Town of Stow ; Read & 

Ordered That, the Town of Sudbury be Served with a Copy of this 
petition. That So they may Give Answer, thereto (if they See Cause) 
on the Second Wednesday of the^ Session of this Court, In Autumn 
Next. [^Passed June 25. 

' In the House Journal, " four." 

* The House Journal here inserts, "the Aceoniptant." 

3 The House Journal here reads "next Sessions," ending there. 



180 



Pkovince Laws (^Resolves, etc. ) . — 1722-23. [Chap.s. 63-65.] 



CHAPTER 63. 



ORDER ON PETITION OF HENRY GIBBS & JOHN COTTON FOR PARTI- 
TION OF LAND. 



Legislative 
Records of the 
Council, xi., 
34-2. 

House Jour- 
nal, pp. 39, 40. 



A Petition of Henry Gibbs of Boston, John Cotton & Mary Cotton, 
his Wife, Shewing that their Grandmother ]\P^ Elizabeth Corwin left 
by Will a Ware House, Land & Wharf Near the Town Dock, & Two 
pells : of Land at, the North End of Boston, to the Children of her Son 
Robert Gibbs, to Her Son Henry Gibbs, & the Children of her Sou 
George Corwin, that the Children last Mentioned, are under age, & no 
Guardian for them appointed, So that the S*^ Estate Cannot, be divided 
without, the particular direction of this Court, by reason of which it is 
very Little profitable to them ; and therefore praying that this Court 
would appoint a Committee to divide the Same, & Sett off to the Peti- 
tioners, their Respective parts ; Read & 

Ordered That the Judge of Probates for the County of Suffolk, be 
Impowered & directed to appoint a Committee of Eive P^ree holders, 
to make a Just & Equal Division, of the Houses & Lands, Mentioned, 
in the Petition, & Return the Same upon Oath, unto the Said Judge 
of Probates, who Shall allow of Such division & accordingly Assign 
to the Petitioners their Respective Parts Or Shares, therein Provided 
That the Administrator to the Estate of the Revr'* M"" George Corwin 
Dec'*, & all other Persons Concerned be duly notified before Such divi- 
sion be made. \_Passed June 26. 



Legislative 
Records of the 
Council, xi., 
343. 

House Jour- 
nal, p. 42. 



CHAPTER 64. 

ORDER FOR PRINT'- THE EXPLANATIONS OF THE ACTS hc^. 

Ordered That the Several Resolves pass'd by this Court in Explana- 
tion of the laws of the Province, that are not Yet Printed, be printed, 
with the Acts to be pass'd this Session ; and that upon a New Impres- 
sion of the Laws, they be printed at the End of the Acts * they refer 
to. \_Passed June 26. 



CHAPTER 65 



Legislative 
Records of the 
Council, xi., 
343. 

House Jour- 
nal, p. 40. 



VOTE FOR SUPPLYING THE TOWNS WITH ACTS. 

Besolv'^ That, the Several Towns in this Province be Supplied with 
the Several Acts that have pass"* Since the Year 1714 at, the Charge 
of the Province. [^Passed Jme 26. 

> In the House Journal, " several Laws." 



[1st Sess.] Province Laws {Resolves, etc.). — 1722-23. 181 



CHAPTER 66. 

ORDER ON COMMITTEES REPORT FOR MAK G, SMALL BILLS. 

In Obedience to the Order on the other Side, the Committee pro- Legislative 
pose, that, there be printed, in Parchment, to the Value of Five hun- councu^, xl"^*' 
dred pounds, of the Following, Denomination, Viz'. '^^ 

Legislative 

40-001 Penny Bills £166.13.5 Records of tiie 

20-000 Two penny Bills 166.13.4 Council, xi., 

13-333 Three penny Bills 166. 13. 3> 327. House 

'^ •' Journal, p. 41. 

r,.at\ Province 

£oOO. -. - Laws, ii., 1S9, 

cliap. 14; 242, 

And that the Said Bills be delivered to the Treasurer of the Prov- ^ "''" 
inee, by him to be Exchanged for other Bills of this Province, to Such 
persons as Come for the Same, but not less at One Time than Twenty 
Shillings, and that there be an Act pass'd for their Being Accepted by 
the Treasurer and Recievers - Subordinate to him, in all publick pay- 
ments, as other the Bills of this Province are, and that the Five hun- 
dred pounds Exchanged for those Bills be burnt. All which is humbly 
Submitted. 

June 26"' 1722 By Order of the Committee, 

Penn Townsend 

Read & Accepted, & 

Ordered that the Committee appointed to Consider of a Remedy 
for the want of Srhall Money for Change be desired to take Care of 
the Making & Imprinting the Small Bills, agreeable to their Report, 
and that they prepare the draught of a Bill accordingly. \_Passed 
June 26. 



CHAPTER 67. 

ORDER APPOINTING A COMMITTEE FOR VIEWING PROV: LANDS NEAR 

CHECABY RIVER. 

"Whereas, there are Two Tracts of Lands, belonging to the Province, Legislative 
bounded Southerly by Checaby River, & partly on Ten Thousand Acres ^„ucn^ xi.*''* 
of the Equivalent Lands, North partly on the Said Equivalent Lands, 344. 
& partly on the Province Lands, not Sufficient for a Township. House Jour- 

Ordered That ColP John Stoddard, John Chandler Esq-" & Cap' ^Y\\- ^^^'V-i^. 
liam Ward, be a Committee to Survey the Said Land, & return a platt 
thereof, with the Quality of the Land, to this Court, at their Next Ses- 
sion. [^Passed June 26. 



CHAPTER 68. 

ORDER ON THE PETITION OF AMESBURY PROPRIETORS COMPLAINING 

OF A JUDGMENT. 

A PETITION of the Proprietors of Amesbury in the County of Essex, Legislative 
Shewing that William Hackett of the Said place, administrator, &c'' cmincif, xlf* 
Commenced an Action ags' them at the Inferiour Court for the Said 344. 

» There is a slight mistake in the figures of pence in the House Journal. 
* "Receiver General," in the House Journal. 



182 



Province Laws {Resolves, etc.). — 1722-23. [Chap. 69.] 



House Jour- 
nal, p. 43. 



County, held at Salem, in Dec'' last, and Recovered, Judgment ags' 
them, for one hundred pounds, Ac" from which they appealed to the 
Next Superiour Court, to be liolden at Ipswich and Recognized, & 
Filed, their reasons accordingly; but, through the Clerk of the In- 
feriour Courts Neglect in Not, Noting under his hand, on the Said 
Reasons, the day of his reciev^ them, as the Law directs, their Ap- 
peal was dismiss'd and the Said Hacket Recovered affirmation of the 
Former Judgm' with additionall Costs, and therefore praying that they 
may be Impowered to try the Said appeal, at the Next Superiour Court 
for the Said County ; the Said Omission notwithstanding, or be other- 
wise relieved. 

[Read and] 

Ordered That the Clerk of the Inf eriour Court ^ for the County of 
Essex be Impowered to Make out a Certificate, upon the Back of the 
Originall, Reasons of Appeal,- under his hand, of the reciept of the 
Said Reasons of appeal in the Case of the petitioners, and that the Jus- 
tices of the Superiour Court of Judicature be Impowered and directed 
to allow of Such Certificate,^ & accordingly proceed to Hear & Try the 
Said appeal thereupon, at the Next Superiour Court, to be holden for 
the Said County of Essex ; Any Law Usage Or Custom to the Con- 
trary Notwithstanding, & the Clerk of the Superiour Court is hereby 
directed to deliver to the Proprietors or their Order the Originall rea- 
sons and to Carry with him to, the Said Next Superiour Court in the 
County of Essex ; the Copy of the Case the Proprietors of Amesbury, 
to Notify the Adverse party, of this Order By Leaving a Copy thereof, 
with them, Fourteen days at Least before the Courts Sitting.* \_Passed 
June 27. 



CHAPTER 69. 



ORDER ON PETITION OF THE TOWN OF YARMOUTH FOR ERECTING A 

NEW PRECINCT. 



Legislative 
Records of the 
Council, xi., 
345. 

House Jour- 
nal, p. 28. 



A PETITION of John Hedge, Representative of the Town of Yar- 
mouth, in behalf of the Said Town Shewing that at a Meeting of the 
Said Town held Febr^ 20* 1721/2 It was Voted that the Eastern part 
of the Said Town be forthwith Sett off a Distinct precinct & may as 
soon as they See Cause build, a meeting House, on the Conditions Fol- 
lowing, Viz' that the dividing Line, between the West & East Precincts 
begin upon the Hill, upon the Countrey Road, North Eastward from the 
House Lately Thomas Felleus and So Extending Eastward, by the Said 
Countrey Road, and the Road that leads down to Bass River, taking all 
the Said Fellons Fai'm, in the South Side of the Said Way, till it Comes 
to the Line, that divides between the Said Fellons Farm & the land of 
William Baker or Samuel Smith, & then Extending Southerly into the 
River, and then as the River Runs into the Sea, and then Noi-therly 
from the S'' Hill to the Southwest Corner of Jonathan Smiths Upper 
Field Fence, & from thence to the Northeast Corner of Nathan Tay- 
lours Field Fence to the Northeast of his Land, & thence from Said 
Corner, in the Line, between Said Smith & the Taylours to the Brook 
that is between Said Smiths & Richard Taylours, and So as the Brook 

> " Of Common Pleas ", in the House Journal. 

' " With the Case of the Petitioners ", in the House Journal ; which now omits all until 
the words " And that the Justices of the Superior Court of Judicature." 

3 "Certificates," in House Journal. 

^ The Secretary's record states that hoth order and concurrence were by the Council. 
The mistake is corrected by the House Journal, wliich sliows that the order was by the 
Council, and the concurrence by the House of Representatives. 



[IsT Sess.] Province Laws {Resolves, etc.). — 1722-23. 183 

runs into the Creek & as the Creek runs into the Sea, all to the South 
& AVest of the Said Line ; to be and Remain to the West Precinct, and 
all to the North & East of the Said Line to the East Precinct ; Only it 
is proposed to Reserve to the West Precinct an Equal Right as to the 
Sea Shore, for whaling as was reserved by the Propriety for the Prive- 
ledge of the Said Precinct and That the Town have desired, the Con- 
firmation of their Vote, & therefore, Praying an Order of this Court 
accordingly. 

Read & 

Ordered that, the prayer of the Petition be Granted. \_Passed June 27. 



CHAPTER 70. 

ORDER FOR CONTINUING THE HEARING ON PHINEAS PARKERS PETI- 
TION &cA. 

A Petition Signed Phineas Parker Ac" Grantees of the South part legislative 

ivGcords or trkc 

of the Tract of Land, Westward of Groton, & Contiguous thereto, & council, xi., 

Granted by the General Court for Two Townships, shewing, that part ^''^^' '^^^- 

of the Said Tract of Land was formerly unjustly taken up, by the Pro- House Jour- 
prietors of Lancaster, & Lately Confirmed to them by this Court, which Ante, p. y'l. 
they Suppose has happened from a want of a full Understanding of the ^^'^^^^' '" 
Circumstances of the affair, and therefore praying, that they may have 
a full hearing of their Case before the Whole Court. 

[Read and] 

Ordered That the Hearing appointed to be had this day ^ on the 
Petition of Phineas Parker, & others Grantees of the South part of 
the Tract of Land Westward of the Town of Grotton, & Contiguous 
thereto, Lately Granted by the General Court be referred to the Sec- 
ond Wednesday of The Session of this Court in Autumn next, and 
that the Proprietors of Lancaster be Served by the Petitioners with 
a Copy of this Order. [^Passed June 27. 



CHAPTER 71. 

ORDER ON CHRISTIAN NEWTONS & MARGARET BLYNS PETITION PRAY- 
ING A SUPPLY OF PROVINCE ARMS TO DEFEND THEIR SLOOP. 

A Petition of Christian Newton & Magarett Blin Shewing, that Riforjg'ofthe 
they are about to fit out & Send a Sloop to the Eastward, to Get their Council, xi., 
relations out of the Hands of the Indians, and Praying that they may '^^^' 



be Supplied with a few of the Province Arms, to defend the Sloop & R^co^dg^*f th 
Compan}', in Case they be attacked, Read & Coumii, vii., 

Ordered, That the Petitioners have a Chest, Containing Thirteen journal, pp."«] 
Arms, lent them. Provided they Give a Reciept, to return them, or *'!'• 
answer the Value of them.- \_Passed June 28. 

> Such an order in the House of Representatives appears directly after the petition. , 

2 There is probably an error in the record of the foregoing order. The House Journal 
contains no statement of concurrence with the action of the Council (on June 28). On 
June 26 the petition was reported to the Council by the committee on the Eastern Indians. 
On June 27 the House, according to the House Journal, " Ordered, That the Prayer of the 
Petition be granted", and then sent the order up for concurrence. On June 29 the com- 
mittee's report was taken up and acted upon, the report and result appearing in chapter 76. 



184 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 72-74.] 



CHAPTER 72. 



ORDER ON LIEU"^ JOHN GODDARDS PETITION IN REGARD TO HIS 

WAGES. 



Legislative 
Records of the 
Council, xi., 
349. 

House Jour- 
nal, p. 45. 
Ante, p. 142, 
chap. 109. 



A Petition of Lieu' John Goddard, Shewing that, Whereas his 
Wages were Stopped in the last Muster Roll untill he Could Make 
up his Acco' of Mollosses due to the Soldiers It may appear to this 
Court, by Certificates, herewith Exhibited that there is No Mollosses 
due from the Petitioner, and therefore praying that he may be Now- 
Enabled to reeieve his Wages out of the Treasury, Read & 

Ordered, That Lieu' Goddards pay in his past Muster Roll, be not 
further Stopped on account of Mollosses with held from the men, he 
having produced from under the Hands of Several of them That they 
have no Demand ou him on that Account. \_Passed June 28. 



CHAPTER 73. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xi., 
349. 

Executive 
Records of the 
Council, vii., 
370. House 
Journal, pp. 47, 
48. 



A Muster Roll of the Garrison in his Majesties Service at Castle 
William, under the Command of the Honb'^ AVilP' Dummer Esq'' Con- 
taining an Account of Wages due to them for their Service, from March 
2^ 1721 to May y'^ 31^' 1722, Amo' to the Sum of £162. 16. 11. 

[Read, Accepted and] 

Resolved That the Sum of One hundred Sixty Two pounds Sixteen 
Shillings & Eleven pence be allowed & paid out of the Publick Treas- 
ury to discharge the Wages, due to the officers & Soldiers Contained 
in the Within Muster Roll. [^Passed June 28. 



CHAPTER 74. 



ORDER ON PETITION OF THE PROPRIETORS OF NORTH YARMOUTH 
PRAYING CONFIRMATION OF RIGHTS AND FOR A COMMITTEE OF 
MANAGEMENT. 



Legislative 
Records of the 
Council, xi., 
349. 

House Jour- 
nal, p. 43. 



A Petition of John Smith & Sundry other Proprietors of the Town 
of North Yarmouth in Casco Bay praying that their Ancient Rights, in 
the Said Town may be Confirmed to them ; and that this Court would 
appoint a Committee for the Management of the Prudential affairs of 
the Said Town, 

Consideration having been had of the Petition of John Smith &c° 
Proprietors, of the Town of North Yarmouth, and of the papers there- 
with Exhibited, That in the Year 1684, Thomas Danforth Esq' Presi- 
dent of the Province of Mayne, by Order & authority of the Colony 



[1st Sess.] Province Laws (^Besolves, etc.) . — 1722-23. 185 

of the Massachusets, who had purchased that Province of the Assigns, 
of S' Ferdinando Gorge, did Give (J rant, Bargain & Sell to Mess" Jere- 
miah Dumnier, Walter Gendall, John, Royall & John York Trustees, 
on behalf and for the Sole use & Benefitt of the Inhal)itants of the Town 
of North Yarmouth, Mentioned in the s"^ Petition, and that a Settlement 
was begun, but Broke up by the War. 

It is therefore 

Ordered, That Five Suitable persons be appointed & Constituted 
Ti'ustees, In the Room & Stead, of Jeremiah Dummer cfec" First men- 
tioned, to Carry on & perfect, the Settlement of that Township, accord- 
ing to Such Rules & Methods, as were then proposed, having Special 
Regard to the Originall Proprietors and Settlers, and, that the Number 
at present be Sixty at the least, and, that the Town Book Now in the 
Hands of Cap' Sam" Phips of Charlestown, be put into the Hands, of 
the Committee ; a Fair Copy of all to be drawn out & Sent to North 
Yarmouth (The Originall to remain in Boston for the Present,) under 
the Custody of a Clerk to be appointed for that purpose, That At- 
tested Copys may be Given, to Such as Want them ; the Charge of the 
Committee to be born by the Proprietors, & Inhabitants of the Said 
Town and that the Honbl' William Tayler Esq^ Elisha Cook & William 
Dudley Esq" & M' John Smith & M' John Powell, be the Committee. 
\^Passed June 28. 



CHAPTER 75. 

ORDER ON COMMITTEES REPORT ON THE MEMORIAL OF THE OVER- 
SEERS OF HARVARD COLLEDGE. 

Benj"^ Lynde Esq'' from the Committee of both Houses, appointed R|for|fg'of the 
to Consider, the Memorial of the Overseers of Harvard Colledge, Gave council, xi., 
in the Following Report, Viz' ^ 

The Committee Appointed to Consider the Memorial of the Over- ^Ifordfo?the 
seers of Harvard Colledge in Cambridge, having perused & Considered Council, xi., 
the Charter Granted to the Said Colledge by the General Court of the j^u?nai,?M9; 
Colony of the Massachusets Bay, in the Year 1650, which is their pres- 58,59. 
ent Constitution, and also the Memorial aforesaid, Came to the Follow- 
ing Resolutions which Being put in Practice would answer the End of 
the Memorial, & be more Beneficiall to that Society, than Enlarging the 
Number of the Corporation. 

First, That it was the Intent of the Said Colledge, That the Tutors 
of the Said Colledge, or Such as have the Instruction & Government 
of the Students, there, Should be fellows & Members of the Corpora- 
tion of the Said Colledge, Provided they Exceed not Five in Number. 

Secondly That None of the Said Fellows be Overseers, 

Thirdly, That the President & Fellows of the Said Colledge or the 
Major part of them, are not Warranted to fix or Establish any Salary, 
or allowance for their Service, without the Approbation & Consent of 
the Overseers. 

In the name & by Order of the Committee, Benj^ Lynde 

In Council Read & Sent Down with a Message, That the Council 
Being Overseers of the Colledge, It is thought Proper That the 

House pass First on the Report. 



186 



Province Laws {Resolves, etc.). — 1722-23. [Chap. 76.] 



In the House of Representatives, Read «&: Accepted, & 
Resolved, That the Corporation for the future Practice Accordingly, 
In Council, Read & Concurred.^ \_Passed June 29.'^ 



CHAPTER 76. 

VOTE ON COMMITTEES REPORT, ON CHRISTIAN NEWTONS & MARY 
BLYNS PETITION FOR AID. 



Legislative 
Records of the 
Council, xi., 
350. 

House Jour- 
nal, p. 47. 
Ante, p. 183, 
chap. 71. 



In Answer to the Petition of Christian Newton and Magarett Blynn 
referred to the Committee, The Committee Humbly propose, that Thirty 
men under a Proper otficer (whom his Exelleucy be desired to Conimis- 
sionate) with Provisions Arms and ammunition be put on board the 
Sloop offered by Magarett Blynn the Petitioner, to repair as Soon as 
may be to Passamequady and their to use their Best Endeavours, to 
recover from The Indians, the persons Mentioned in the Said petition, 
to be taken by them, with the effects, belonging to them, or any of 
them; and in Case of Refusall, to deliver them, or that they Cannot 
find the persons So Unjustly & Forceably, Seized on to make Reprizall 
of the like Number, of Indians, If possible, in Order to Exchange them, 
for our people. If it maybe ; or if that Cannot be done, to Bring the 
Said Indians to Boston, & when they have done what is to be performed 
at Passamaquady, to Touch in their return at the Several places, or 
Harbours, on this Side, where it is possible there may be any English 
Fisheiy or Vessells, & to Give them Notice, of the Fact Committed, at 
Passamaquady, and to Warn them and all Such Vessells as they See 
Fishing on the Coast, to be upon their Guard ; and in Case they hear 

' To this resolve the Governor gave a qualified assent, which, under the objection of 
the House of Representatives, below stated, raised a question of constitutional law. It 
is doubtful therefore, whether the votes of the text became legislation, but the question 
may be left with a statement of the facts as recorded. 

The Governor wrote as follows : — 

" Juhj 2d, 1722. I consent to these Votes, provided the Reverend Mr. Benjamin Wads- 
worth, the Reverend Mr. Benjamin Colman, and Mr. Appleton are not rciuovccl by said 
Votes, but still remain Fellows of the Corporation. Saniucl Shute. 

Read, And 

Voted, That a Message be sent up to His Excellency the Governour, to acquaint him. 
That whereas he has been pleased to make a Proviso in his Consenting to the Votes passed 
upon by both Houses, relating to Harvard College, which has a tendency intirely to defeat 
the designs and purpose of those Votes. Therefore desire His Excellency to pass abso- 
lutely thereon, according to the constant usage and practice ever since the present happy 
Constitution. Sent up." — • House Journal, p. 58. 

"Mr. Secretary brought down the following Message from his Excellency, viz. 

Gentlemen, I received your Message relating to the Affairs of the College, and tho' I 
am not obliged to give my Reasons for any manner of Signing or my refusing to Sign any 
Vote, Yet I think it proper so to do upon this Occasion, and therefore do now infortn you, 
That the Limitations with vMch I Signed the Resolve, icere agreeable to the Expla7iation 
tnade to ine hy the Council at the time of my Signing ; and also agreeable to the desire and 
intcnfion. of the Overseers in. t/ieir Address to the General Conrt. Wherefore 1 cannot con- 
sent unto those Votes upon any other Terms than what I have already done, until I have 
ajjpointed another Overseers Meeting for their further Opinion in this matter. 

S. Shute. July 5th. 1722. 

Voted, That that Explanation made by the Council to His Excellency seems inconsistent 
with their own Vote upon the Resolve, and therefore this House insist upon their desire 
that His Excellency pass upon it absolutely without any Proviso or Limitation. Sent up." 
— House Journal, p. 59. 

Compare the following cases of consent by the Governor to part of a resolve or order 
by the General Assembly: Province Laws, ix., 215, chap. 128; 389, chap. 7. 

For further action on this subject by the House of Representatives see House Journal, 
November 22, 1722, p. 12; neccTnber"l2, 1722, p. 35; January 15, 1722-3, p. 81; Legisla- 
tive Records of the Council, xi., 501, January 18, 1722-3, House and Council. 

The action of the House shows that the House considered that the Governor's qualified 
signature " in some measure rendered ineffectual" the votes of the text. — House Journal 
as last cited. 

' This is the date according to the House Journal. The Secretary enters the record on 
June 28, but on a later page (364) he speaks of it " as Entered June 29'>>." 



[1st Sess.] Province Laws {Resolves, etc.). — 1722-23. 187 

of any other person, in any other place, Seized upon by the Indians, 
to Endeavour their Recover}', Or to Make Reprizalls in their Stead, 
and it is proposed That so far as the Sloop may be P^mployed in Going 
to Passamaquady, and in Seeking the Recovery of Said Blin & his 
Effects, and in her return, In Case she Come dii'ectly Back, The Sloop 
& the Sailors, belonging to her, as to their Wages &, Provisions, be at 
the Charge of S*^ Blyn, But as to the Time Spent in Notifying other 
places at the Charge of the Province ; Secondly The, Committee 

Humbly propose Further, that for the Security of Berwick Kittery 
York & AVells, A Scout of Twenty men be raised, out of the Said 
Towns, & be kept Marching upon their Out Skirts, to be under the 
direction of Coll" John AVheelwright, and that he be desired to trans- 
mitt to his Exellency an Account of their proceedings, as any thing 
remarkable shall Occur, and that his Exellency, be desired to Issue 
out his Orders Accordingly. 

Jn° Appleton in Behalf of the Committee 
Read & the Second Article, of Twenty men to be raised «fec'' only 
Accepted. \_Passed June 29. 



CHAPTER 77. 



VOTE FOR PROVID" WHALE BOATS. 



A Message went down to the Representatives to desire that House, Legislative 
would Reconsider, that Article in the Committees Report, that Relates couuc'if xl*^''^ 
to "Whale Boats, and that if the House thinks that Number too Large, 354. 
they would think of a Less Number, House Jour- 

In the House of Representatives Read & Reconsidered, and nai, yp. 46, 49. 

Resolved, That there be Ten whale Boats, accordingly provided, by 
the Province. 

In Council Read & Concurr'd. \_Passed June 29. 



CHAPTER 78. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CAP^ JN" 
WAINWRIGHTS COMP\ 

A Muster Roll of the Company in his Majesties Service, late under Legislative 
the Command of Cap' John Waiuwright Dec*^ Containing an Account coimdf xi*^^^ 
of Wages due to the Said Company for their Service from August 25"' 35o. 
1721, to the 4* of January Following, Amo' to the Sum of £403. 18/. House Jour- 

[Read, Accepted and] uai,p.4i. 

Resolved, That the Sum of Four hundred, & Three pounds & Eigh- 
teen Shillings, be allowed & paid out of the Publick Ti-easury, to pay 
and discharge the Wages due to the officers &, Soldiers as Inserted in 
the within Muster Roll, (Save what may be due to Cap' Waiuwright 
dec'') or the Commissary be first deducted from the persons Indebted, 
and made appear to be due within Sixty days from the date hereof. 
\_Passed June 29, 



188 



Province Laws {liesolves, etc.). — 1722-23: [Chaps. 79-81.] 



Legislative 
Records of the 
Council, xi., 
356. 

House Jour- 
nal, p. 50. 
Ante, -p. 16.1, 
chap. 21. 



CHAPTEE 79, 

RESOLVE ON ACCOMPT OF DISBUKSMENTS ON SHIP FLYING HORSE. 

An Accompt of Sundry Expences, & disbursmeiits on the Ship Fly- 
ing Horse Cp' Peter Papillou Commander taken up for his Majesties 
Service; against the Pirates, Aino' to the Sum of £419. 1. 10. 

[Read, And] 

Besolv'' That the Sum of Four Imudred, & Nineteen pounds one Shill : 
& Ten pence, be allowed, & paid out of the publick Treasury to dis- 
charge this Accompt,^ and That the Treasurer ^ be added to the Com- 
mittee to take Care, that the Necessarys & Stores belonging to the 
Province, be returned, or accompted for when the Ship is dismiss'd.'^ 
[^Passed June 30. 



CHAPTER 80 



Legislative 
Records of the 
Council, xi., 
336, 3.56. 

House Jour- 
nal, p. 53. 



ORDER FOR A HEARING ON CONSTANT CHURCH'S PETITION. 

A PETITION of Constant Church of Freetown shewing that he hav- 
ing Several, differences with Charles Church of the Said place, they 
referred the Same to Arbitrators, and Entered into Bonds of Submis- 
sion accordingly, But the petitioner having Several Legal Objections 
ags' their Award, refused to Submit thereto, upon which the Said 
Charles Church, put the Said Bond in Suit at the Inferiour Court, 
held at Bristoll in Aprill 1720 ; at which Court, the petitioner was 
Contrary to his Intention drawn into a Rule of Court to Submitt all 
the Matters in difference to the Same Arbitrators with one other per- 
son Added to them ; That the Second Award of the Said Arbitrators, 
which was Injurious to the Petitioner, was allowed by the Said Court, 
& Judgment Entered up Accordingly ; from which he appealed to, the 
Next Superiour Court for the Said County, But the Judges of the Said 
Court thought it not in their power to try the Same, it Being upon a 
Rule of Court, So that the Petitioner is without Remedy in the Law ; 
& therefore praying, that he may be Impowered to have a New Tryall 
in the Law, and to make his Just objections against Several Articles, 
in the Said Churches Accompt, Amo' to £154. Or Otherwise Relieved. 

Read and 

Ordered, That a Hearing be had on this Petition on the First 

Friday of the Fall Session, (Provided the partys do not accomadate 
their differences, in the Meantime,) And That the Petitioner Serve the 
adverse party, with a Copy of this Order. \^Passed June 30. 



CHAPTER 81. 



Legislative 
Records of tlie 
Council, xi., 
.357. 



RESOLVE FOR APPOINTING DEPUTY RECIEVERS OF IMPOST. 

Resolved that Whereas the Act for Granting unto his Majesty Sev- 
eral Rates & dutys of Impost & Tunnage of Shipping Obliges the Im- 
porter of all Wines Liquors Goods, Wares, & merchandize. Imported 

> The House Journal reads, "the said Accoinpts." 
" "Mr. Treasurer Allen," in the House Journal. 
^ In the House Journal, "discharged." 



[1st Sess.] Province Laws (^Resolves, etc.). — 1722-23. 189 




Ports or Harbours,' that pay no duties.^ 

Besolved That the Commiss"" of Impost Substitute & appoint meet 
Suitable persons Deputy Reeievers in the Following Ports and Har- 
bours, that is to Say, One in the Port or Harbour of Newbury,^ 
One in the Port or Harbour of Plymouth, One in the Port or Harbour 
of Barnstable, One in the Port or Harbour of Kittery* One in the 
Port or Harbour of Swauzey,^ One in the Port or Harbour of Edgar 
Town,'' One in the Port or Harbour of Nantucket'' Requiring them 
to take Special Care, that the Act be duely obsei-ved, and that they 
Inform against all Breaches of the Said Act. [^Passed June 30. 



CHAPTER 82. 

ORDER FOR GRANTING TWO TOW'NS ON HOUSATANNUCK RIVER. 

The Following Order pass'd Both Houses on the Petitions of Joseph ^^^^rlg^of t^g 
Parsons, & one hundred & fifteen others, & Thomas Nash & Sixt}^ Council, xi., 

Others, Praying for a Tract of Land, belonging to this Province, on !2l: 

or Near Housatannuck River, Viz' nai^pp^SMs. 

Ordered., 

That Two Tracts of Land of the Contents of Seven Miles Square 
be Granted to Such of the petitioners & others as Shall be admitted 
by the Committee, hereafter Mentioned and as Shall Bring foi'ward a 
Settlement on the Said Lands within Four years from this Present 
Session, The Two Tracts to be laid out b}^ a SkilfuU Surveyour, & 
Chain Men Under Oath according to the direction of the Said Com- 
mittee, The first of Them to be laid on the River Housatannuck, ad- 
joyning Southwardly on the divisional Line, between this Government 
and Connecticut, The Other adjoyning on the North of the First Tract. 

That John Stoddard Esq"" Henry Dwight Luke Hitchcock John Ashley 
& Samuel Porter Esq" (any three of them to be a Quorum) be a Com- 
mittee to admitt Inhabitants, Grant Lots & Manage all the Pruden- 
tial affairs of Said Settlers, till this Court Shall Give further Order, 
The Said Committee are directed hereby to Settle the Said Lands in 
a Compact Regular & Defensible Manner, They are further Required 
to admitt one hundred & Twenty Inhabitants, or Settlers into the Two 
Townships (Giving Preference to Such of the Petitioners as they, Judge 
most Likely to bring forward a Settlement,) allowing none of them 
more than three Years from the allotment of Said Lands, to bring for- 
ward a Settlement, By Building a Sutable House, & Tilling Such Quan- 
tity of Land, as the Committee Shall appoint, In order to their Being 
Entituled to their Grants, Reserving a Convenient Quantity of Land 
for the First Settled Minister, for the Ministry & School, The Com- 
mittee are further directed to demand & recieve of each Grantee the 
Sum of Thirty Shillings for Each hundred Acres and Proportion ably 
for any Lesser Quantitys, out of which Money they Shall pay a Reason- 

1 The House Journal inserts, "tcitkm this Province.'' 

' 'Ihe House Journal adds, " there being no Person Appointed and Conunissioned to take 
care that the Act be complyed tcith, and receive such Duties." 
3 " Kittery," in the House Journal. 
■• " Edgartotcn," in tlie House Journal. 
5 " Nantucket," in the House Journal. 
* " Xetcbury," in the House Journal. 
' " Swanzei/," in the House Journal. 



190 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 83-86.] 



able Sum, to the Indians for the purchasing their Right, together with 
the Charge of Laying out the Two Townships, & of the Committee in 
Settling them, The Remainder to be Improved in Build° of Meeting 
Houses in Said Townships. [Passed Juyie 30. 



CHAPTER 83. 

VOTE FOR THE TREASURERS PROVID« A SLOOP FOR THE SERVICE. 

Recordfof the Votecl, That the Treasurer be directed, to take up a Sloop for the 
Council, xi., Service of this Province, to Carry Provisions &c^ for the Supply of 

— '- the Forces That She be mounted with Four Swivel Guns & Manned & 

Su!'p^i°'''" Victualled for the Service. [Passed July 2. 



CHAPTER 84. 

VOTE DIRECTING £300 IN M« PITKINS HANDS TO BE PAID TO LUKE 

HITCHCOCK ESQK. 



Legislative 
Records of the 
Council, xi., 
359. 

House Jour- 
nal, p. 54. 
Ante,\,.%i, 
chap. 37. 



Voted, That The Three hundred pounds remaining of the Five hundr'd 
pounds put in to the Hands of William Pitkin Esq%^ to be Exchanged 
for our Torn & defaced Bills in the Government, of Connecticut, be 
paid by him to Luke Hitchcock Esq'' he Giving a Reciept for the Three 
Hundred pounds, & Return° the Same into the Treasury. [Passed 
July 2. 



CHAPTER 85 



RESOLVE ALLOWING PAYMENT OF COLL^ EDMUND GOFFES MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xi., 
360. 

House .Jour- 
nal, p. 45. 



A Muster Roll of the Company in his Majesties Service under the 
Command, of Coll° Edm*^ Goffe, Containing an Account of Wages, due 
to them for their Said Service From Febr^ 28"' 1721, to April 19"' 1722, 
Amo' to the Sum of £204. 8. 4. 

[Read, Accepted and] 

Resolved That the Sum of Two hundred & Four pounds Eight Shil- 
lings & Four pence be allowed & paid out of the Publick Treasury,- to 
the officers & Soldiers, Contained in the Within Muster Roll, to dis- 
charge the Wages due to them. [Passed July 8. 



CHAPTER 86. 



RESOLVE ON THE MEMORIAL RESPECTING PHILLIP AMY'S WAGES. 



Legislative 
Records of the 
Council, xi., 

360. 



A Memorial of Nath' Knolton and Timothy Harris in Behalf, of 
Phillip Amy, Representing that the Wages due, to him in Cap' Har- 
mans Muster Roll, were Stopped in the Treasury, because he was 

> From this word on the House Journal reads, " for Exchanging our torn and defaced 
Bills, be paid by him to Luke Hitchcock Esq ; he giving a Receipt therefor, and returning 
the same into the Province Treasury." 

2 From this word on the House Journal reads, "to discharge the Wages due to the 
Officers and Soldiers therein." 



[1st Sess.] Province Laavs {Besolves, etc.). — 1722-23. 191 

returned as run, "Whereas, The Said Phillip Amy, had a Furlow, House Jour- 
from the Said Cap' Ilarman, Atii^'p. ies 

Read & chap'. 26. 

Resolved That the Said Phillip Amy have his Wages paid him, out 
of the publick Treasury, till the time he reeieved his Furlow from^ 
Cap' Johnson Harman. \_Passed July 3. 



CHAPTEK 87. 

RESOLVE FOR EMITTING £12,000 IN BILLS OF CREDIT, AND PROVIDING 
SECURITY; £6,000 IN 1734; £6,000 IN 1735; ORDER FOR RECIEVING THE 
TAX IN GOODS. 

Resolved That The Treasurer be and hereby is directed, to Issue Legislative 
forth & Emitt The Sum of Twelve Thousand, pounds in Bills of g^i^^cu", xi.f® 
Creditt, on this Province Seven Thousand pounds part thereof, is to 360. 
be delivered to him by the Committee, appointed to make the Sum House .lour- 
of Twenty Thousand pounds, by a Resolve of this Court this Session, province 
Together with the Sum of Five Thousand pounds, the Residue thereof, ^^^^'®' 'b ^"^Jo 
which is or shall be brought into the Treasury by Taxes Duties of > • • 

Impost Excise and Interest of the Loans, For the Necessary Defence 
& Support of the Government, & the Protection & Preservation of the 
Inhabitants, thereof to be Issued & disposed of in Manner Following ; 
Viz'. 

That the Sum of Seven Thousand Pounds part of the Aforesaid 
Twelve Thousand pounds, be & hereby is appropriated to and for the 
Supplying & Supporting & paying the Charge of Castle William, & 
the Other Forts & Garrisons within this Province, As Also the Sol- 
diers, with the officers AVages, arising for their Service (Provided the 
Muster Rolls or any Accompt of Charge, or Expence on the Castle 
Forts & Garrisons Shall not be paid untill Such Muster Roll, or Ac- 
compt of Charge or Expence, hath been Examined & allowed of by 
this Court,) according to Such Draughts, as Shall from time to time 
be made upon him, by Warrant under the Hand of the Gov% with the 
Advice & Consent of the Council, & the aforesaid Seven Thousand 
pounds, be drawn out of the Treasury for the -Ends & Uses, above 
appropriated only. 

That the Sum of Four Thousand Seven hundred pounds. Part of 
the aforesaid Twelve Thousand pounds, be & hereby is Appropriated 
to and for defreying the Charges of this Government, already arisen, 
«fe for paj'ment of all Grants, Salaries Stipends allowances Bountys 
& Premiums made & to be made by this Court ; The Draughts to be 
made upon the Treasurer for any part of the aforesaid Sum, of Four 
Thousand Seven hundr*^ pounds to be by Warrant as above Men- 
tioned, and that the aforesaid Sum of Four Thousand Seven hundred 
pounds, be drawn out of the Treasury for y* Ends & uses above ap- 
propriated only. 

And, that the Sum of Three Hundred Pounds being the Residue 
& remaining part of the Said Sum of Twelve Thousand pounds, be 
and hereby is appropriated for the paym' of Expresses dispatched in 
the Service of this Government, together with all other Necessary & 
unforeseen Charges, ax'ising in the Recess of this Court, that demands 
Prompt Payment, Provided Always, that the Several, Draughts made 
upon the Treasurer do Express & declare out of which Appropriated 
Sums the Money is to be paid ; and the Said Bills Shall, pass out of 

' "His Captain," in the House Journal, instead of what follows. 



192 



Province Laws {Resolves, etc.). — 1722-23. [Chap. 88.] 



the Treasury at the Value therein Expressed, Equivalent to Money, 
And Shall be So taken & accepted in all Publick payments ; 

And that the dutys of Impost & Excise Shall be a fund and Secu- 
rity for the Repaj'uient, & drawing in the Said Bills into the Treasury 
again. So far as that Will Reach. 

And as a further Fund & Security for the Same, It is further 

Resolved, That there be and hereby is Granted to his Most Ex- 
cellent Majesty, for the Ends & Uses aforesaid, & No other Ends and 
Uses Whatsoever, A Tax of Six Thousand pounds, to be Levied upon 
Polls & Estates, Both Reall & Personall, within this Province accord- 
ing to Such Rules, and in Such Proportion upon the Several Towns, 
& districts within the Same, as Shall be agreed on & Order'd by the 
Great & General Court or assembly at their Session, in May one 
Thousand Seven hundred & Thirty Four & paid into the Treasury 
on or before the last day of December Next after. And That the Fur- 
ther Sum of Six Thousand pounds, being the Remainder of the afore- 
said sum of Twelve Thousand pounds, be Levied upon Polls & Estates 
both Reall & Personall within this Pi'ovince, according to Such Rules, 
& in Such Proportion upon the Several Towns & districts within the 
Same, as Shall be agreed on & ordered bj^ the Great & General Court, 
or assembly of this Province, at their Session in May One Thousand 
Seven hundred & Thirty Five, & paid into the Treasury on or before 
the Last day of December Next after ; And, Whereas through the 
Scarcity of Bills of Credit, It may then be difficult for persons to Con- 
vert the produce of their Lands into Bills, & pay their Rates in them ; 
It is further 

Ordered, That the Inhabitants of this Province Shall have full 
Liberty, (if they See fitt) to paj^ the Several Sums that Shall be on 
them Respectively Assessed, in the Several Species hereafter Men- 
tioned, at Such Moderate Rates & Prices, As the Great & General 
Assembly Shall Set them at ; Viz' in Good Bll : Beef & Pork, Wheat, 
Barley, Rye, Indian Corn, Oats, Flax, Hemp, Beeswax, Pease, Butter 
in Firkins, Cheese, Hides, Tanu*^ Leather, Dry Fish, Mackrell in Blls, 
Oyl, Whale Bone, Bayberry Wax, Tallow, Pitch, Tar, & Turpentine ; 
which Species Shall be recieved by the Treasurer, of the Several Con- 
stables or Collectors & by him disposed of to the Best advantage, for 
the Calling of the S'^ Bills into the Treasur}^ again, and if any Loss 
Shall happen by the ^ale, of the aforesaid Species, or any other un- 
foreseen Accident, Shall Arise, That Such Deficiency Shall be made 
Good by a Tax of the Year Next following, So as fully & effectually 
to Call in the whole Sum of Bills Emitted as aforesaid. \_Passed July 3. 



CHAPTER 88. 



Legislative 
Records of the 
Council, xl., 
362. 

House Jour- 
nal, p. 56. 
Supra, chap. 
87. 



RESOLVE FOR MAKING £20,000 IN BILLS OF CREDIT. 

Resolved. That the Committee, who made the last Bills of Credit on 
this Province be desired & directed to Print off & Finish (as Soon as 
may be) The Sum of Twenty Thousand Pounds, P'ifteen Thousand 
pounds from the Plate of the Highest Denomination, & Five Thousand 
pounds the Remainder thereof from the Plate of the Middle Denomi- 
nation, & deliver the Same to the Province Treasurer taking his Re- 
ciept for them ; Seven Thousand pounds thereof to be Issued for the 
Service of the Pi'ovince, according to a Resolve of tliis Court, at their 
present Session, Tlie Remaining Thirteen Thousand pounds to be 
kept in his hands untill Further Order, The Committee to be paid for 
their Service, as for the Bills last made. \_Fassed July 3. 



[l8T Sess.] FROvmcE Laws (Hesolves, etc.). — n22-2S. 193 

CHAPTER 89. 

RESOLVE ALLOWING £L 8 TO THO« LORING. 

An Accompt of Tho' Loring for Billeting John Murpliey, a Soldier Legislative 
in the Service from Dec^ 28"> to Jau^ 26"' 1721, Amo' to £1. 8/. Scif, xij''® 

[Read, Accepted and] '■^^'j- 

Resolved House Jour- 

That the Sum of One pounds^ Eight Shillings be allowed & paid out "^^'P-^^. 
of the publick Treasury to M"" Tho^ Loring in full discharge of the 
above Accompt. [Passed July 3. 



CHAPTER 90. 

RESOLVE ALLOWING £3. 9. 1 TO MAJOR JOHN CHANDLER. 

An Accompt Presented by Major John Chandler, of the Charge, Legislative 
occasioned by John Blius uttering Counterfeit Bills of Credit coundf xi *^^ 

Read [Accepted] & 363. 

Resolved That the Sum of Three pounds Nine Shillings & 1 penny ^ Executive 
be allowed and paid out of the Publick Treasury to M' John Chandler counc'if, vii*?*" 
in full discharge of the within Accompt. \_Passed July 3. 3i7. House 

55. 



CHAPTER 91. 

RESOLVE GRANTING HUMPHREY CHADBURNES PETITION FOR PO'WTJER 

AND AMMUNITION. 

A Petition of Humphrey Chadburne, Representative of the Town Legislative 
of Berwick, praying that in Consideration of the Said Towns being a councff xi.**^*^ 
Frontier & Lying Exposed to the Insults of the Indians, they may be 363. 
allowed a Barrell, of Powder and other Ammunition, Proportionable House Jour- 
out of the Publick Stores ''^^' p- ^• 

Read [accepted] & 

Resolved That the prayer of the Petition be Granted, & That Cap' 
Humphrey Chadburne Give the Treasurer a Reciept for them. [Passed 
Jidy 3. 

CHAPTER 92. 

VOTE CONTINUING THE HEARING ON Y"- PETITION OF CHARLESTOWN 

N" INHABITANTS. 

The Petition of the Inhabitants of Charlestown, on the North Side Legislative 
of Mistick^ River, Praying to be Sett off to Maiden, rl^T.^Af ?f "'^ 

rr> 1 • n "^ CouncU, XI., 

[Read again, and] 363. 

Voted That, the above Hearing be Continued, to the Second Friday House Jour- 
in the Next Session. IPassed July 3. ZV'V^iio, 

I Sic. chap'. 16. 

" The House Journal from this word on reads, "(part of the within Accompt, arising for 
Charges in sending Expresses after and securing one John Blin, and attending the Court 
when he was Tryed) be paid out of the Publick Treasury to the Accomptant John Chandler, 
and that the Horses in his hands, be returned to said Blin, he paying the Charge of their 
keeping." 

3 The record here erroneously reads, "Medford." The petition reads, "Mistick." 



194 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 93-95.] 



CHAPTER 93. 



Legislative 
Records of the 
Council, xi., 
363. 

House Jour- 
nal, p. 55. 



RESOLVE ALLOWING £35. 16. 4 TO BAT: GREEN. 

An Accompt presented, by Bartholemew Green of paper And Print- 
ing, for the Government in the Year 1721, Amo' to the Sum of £35. 
16. 4. [Read, Accepted, And] 

Resolved 

That the Sum of Thirty Five pounds Sixteen Shillings & 4*^, be 
allowed & paid out of the publick Treasury to Bartholemew Green 
the Accomptant in full discharge, of this Accompt. [^Passed July 3. 



Legislative 
Records of the 
Council, xi., 
364. 

House Jour- 
nal, p. 56. 



CHAPTER 94. 

RESOLVE ALLOWING £2. 13. 4 TO JOHN LARRABEE PER MONTH. 

A Petition of John Larrabee a Sergeant at his Majesties Castle 
William, Praying, That in Consideration of his Long & faithfull Ser- 
vices there and the dearness of all Kinds of Cloathing, This Court 
would make some, addition to his Wages ; Read & 

Mesolv'd^ that John Larrabee Sergeant of the Castle be allowed Two 
pounds Thirteen & Fourpence p' month in Consideration of his past 
Services to Continue till the further Order of this Court. \^Passed 
July 3. 



CHAPTER 95. 



RESOLVE ABOUT THE WAGES OF SERVANTS & SONS UNDER AGE. 



Legislative 
Records of the 
Council, xi., 
364. 

House Jour- 
nal, pp. 42, 43. 



Whereas it often happens, that Servants & Sons Under Age, Im- 
pressed into his Majesties Service dye before the Wages for Such 
Service is paid By Means whereof the Parents Or Masters of Such 
deceased Soldiers Cannot Unless with Great difficulty. Obtain the 
Wages due for Such Service, 

Resolved, That when & So often as any Servant or Son Under Age, 
having been Employed in his Majesties Service, Shall Dye before the 
Muster Roll is pass'd or the Wages due for Such Service is paid, That 
then and in Such Case, A Certificate, under the Hand of the Coll" or 
Cheif officer of the Regiment where Such Soldier was Impressed, Set- 
ting forth, whose Son Or Servant he was. Shall be Sufficient to Oblige 
the Province Treasurer, to pay unto Such parent or Master the wages 
due, as aforesaid,- Any Law Usage or Custom to the Contrary notwith- 
standing. [^Passed July 3. 

' From this word on tlie House Journal reads, " That Serjeant Larabe in consideration 
of his past Services be allowed £2. 13. 4 per Month, till the further Order of this Court." 
2 The House Journal for " as aforesaid," has, "for such Deceased's Service." 



[1st Sess.] Province Laws (^Reaolves, etc.^. — 1722-23. 195 



CHAPTER 96. 

RESOLVE ALLOWING £10. 7 TO DISCHARGE JOHN CHANDLER & JOHN 

PEIRPOINTS ACCO'. 

An Accompt Presented by John Chandler J"' & John Peirpoint, of j^^?'^!^*'^?.. 
Bringing John Blyn from Hiu'tford to Boston, to be tried for Counter- council, xi., 
feiting the Bills of Creditt, Amo' to the Sum of £10. 7/. [Read, '^^>^- 

Accepted. And] nar^'^ss"'^' 

Resolved That the Sum of Ten pounds & Seven Shillings be allowed Antc,'\,'. vja, 
& paid out of the Publick Treasury^ to John Chandler & John Peir- chap. 90. 
point, to discharge the S** Accompt, and that the Sum of Ten pounds 
Seven Shillings, together with the Sum of three pounds Nine Shillings 
& one penny. Ordered to be paid by the Publick Treasurer to ColP 
Chaxidler on Acco' of Said Blyns tryall, be added to the Bill of Cost 
for prosecuting Said Blyn to be paid by him, & returned into the Treas- 
ury (as the Usage and Custom has always been) before he be discharged. 
[^Passed July 3. 



CHAPTER 97. 

RESOLVE ON MEMORIAL OF Y^^ COMMITTEE FOR Y*^ REPAIRS AT CASTLE 

WILLIAM. 

A Memorial of William Dumraer Esq'' &c'' a Committee appointed r®^*^!?*'^^^*!, 
to take Care of the Repairs of Castle William, Shewing that there is council, xi., 

due to Samuel Thaxter Esq"" for Plank & Timber Supplied for Said ^^ 

Works, the Sum of £199. 2. 4 and, that the Further Sum of £250 will ^^^7^,*^ '^5»"'"- 
be Necessary to Carry on their Work there according to the Order of Ante, p. 36, 
the Court; SiS.'^-"'' 

Read [accepted] & 

Resolv'd That the Sum of One hundred & Ninety Nine pounds. Two 
Shillings & Four pence be allowed & paid out of the Publick Treas- 
ury, to Sam" Thaxter, for Plank & Timber, Supplied, and that the 
Sum of Two hundred & Fifty pounds be allowed & paid out of the 
Publick Treasury to the Committee, for the Ends & Uses aforesaid. 
[_Passed July 3. 



CHAPTER 98. 

RESOLVE DIRECTING THE TREASURER TO SUPPLY STORES FOR CASTLE 

WILLIAM. 

An Indent presented by William Barnsdale Gunner of his Majesties Legislative 
Castle William, of Sundry Stores Wanting at Castle ; Read and counctf, xif '^ 

Resolved^ That the Treasurer be directed to Supply William Barns- 365. 
dale, with the above Said Stores for the Use of the Castle. [Passed House Jo\ir- 
Jidy 3. °'^'' P- ^' 

1 The House Journal from this word on reads, " together with the Sum of £3. 9. 1 
Ordered to be paid by the Public Treasurer to Jo/m Chandler Esq ; on account of said 
Blins Tryal, be added to the Bill of costs for prosecuting said Bliti to be paid by him and 
returned into the Treasury as the Usage and Custom has always been, before he be dis- 
charged." 



196 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 99-101.] 



CHAPTEK 99 



ORDER RESPECTING WATERTOWN MEETING HOUSES & M^ ROBERT 

STURGEON. 



Legislative 
Records of the 
Council, xi., 
365. 

House Jour- 
nal, p. 56. 
Ante, p. 48, 
Chap. 106. 



A Petition of Jonas Bond Esq"' &c* a Committee, for the Town of 
Watertown, praying that this Court would take Some proper & Ef- 
fectual! Method, for the putting in Execution, the Orders of the Gen- 
eral Assembly, Relating to the Removall & Setting off the Meeting 
Houses, in the Said Town, 

In the House of Representatives, 

[Read and] 

Ordered, That M' Cook M"" Fulham, M"" Dudley & M' Reming- 
ton, be a Committee to Repair to, Watertown in the recess of the 
Court, and Enquire, into the Grounds & Reasons, of The Proprie- 
tors designed Endeavours to Pervert the Resolves & Orders of this 
Court, pass'd at a Session in Nov' 1720, Relating to the dividing 
of the Town into two Precincts, «fe their Getting M' Robr' Sturgeon 
Privately Ordained in Boston, &, to be Installed in Watertown, and 
take upon him the Pastorall Care of the Members of the pretended 
Church in AYatertown, Contrary to the Good orders of the Churches 
here, And why he Continues to preach there, having been forbid by 
Two Councils of Churches, his disorderly Carriage in that affair, if 
not Seasonably prevented, may be very prejudicial to the Constitu- 
tion & break in upon the peace of the ChurChes and make report to 
this Court, what they think proper to be done at the Next Session of 
this Court, And That M"' Robert Sturgeon forbear preaching in Water- 
town in the Meantime. 

In Council, Read & Concurred, & 

Ordered., That Samuell Sewall Jonathan Dowse & Spencer Phips 
Esq" be added to the Committee, In the House of Representatives 
Read & Concurr'd. \_Passed July 3. 



CHAPTER 100. 



RESOLVE ALLOWING £4. 1. 6 TO STEPHEN HARDING. 



L,ep;i8l;itive 
Records of the 
Council, xi., 

308. 

House Jour- 
nal, p. 55. 



An Accompt Presented by Stephen Harding, of Ferryage of Sol- 
diers, over Kennebeck River, in the Year 1720, & 1721, Amo' to the 
Sum of £4. 1. 6. 

[Read, Accepted And] 

Resolved, That the Sum Of Four pounds. One Shilling & Six pence, 
be allowed and paid out of the Publick Treasury, to M'' Stephen Hard- 
ing in full discharge, of the above Accompt. \_Passed July 3. 



CHAPTER 101 



Legislative 
Records of the 
Council, xi., 
368. 

House Jour- 
nal, p. 55. 



RESOLVE ALLOWING £30 TO H« EBENEZER ALLEN. 

An AccoMrT Presented by Ebenezer Allen of his Service, as Surgeon 
of the Forces Eastward, & the Charge of Medicines, ifec" from March 
15"^ 1721, to June 28"^ 1722, Amo' to^the Sum of £30. 

[Read, Accepted, And] 



[1st Sess.] Province Laws (Resolves, etc.). — 1722-23. 197 

Mesolo"^ That the Sum of Thirty pounds be allowed & paid out of 
y" publick Treasury to D' Ebenezer Allen, in full discharge of the 
within Aecompt.^ \_Passed July 8. 



CHAPTER 102. 

RESOLVE ALLOWING £2 TO D" JOS: PIERCE. 



Ax AccoMPT of Joseph Peirce of Reducing a dislocation of Joshua Legislative 
Tobys Arm, being a Soldier in the Service Amo' to £2. Coum^f, xi"'*" 

[Read, Accepted, And] '^ 

liesolved That the Sum of Two pounds be allowed, & paid out of the House Jour- 
publick Treasury, to M'' Joseph Peirce in full discharge of this Accompt. °^ ' ^' ^^' 
[^Passecl July 5. 



CHAPTER 103. 

ORDER ON PETITION OF THE TRUSTEES FOR IPSWICH FREE SCHOOL 
GRANTING THEM LEAVE TO BRING FORWARD A DEFECTIVE APPEAL. 

A Petition of John Wainwright Esq"' &c* Trustees for the Free School R^fords^of the 
at Ipswich, Shewing that at the Inf eriour Court for the County of Essex, Council, xi., 

held in March last, the}' Commenced an Action against Sarah Cogswell, — 

and that Judgment went against them for Costs, from which Judgment naTro ^40,^^59. 

they Appealed to the Superiour Court for Said County held in May last /»/m, chap. 

and filed their Reasons of Appeal in due time. But through the Neglect 

of the Clerk of the Inferiour Court, in Not Endorsing the time of his 

reciept of them, their Appeal was Quashed and not allowed to proceed, 

and therefore praying this Court, to order their Appeal to proceed, as 

if there had been no Such Omission, or that the Clerk might be Enabled 

to Set his hand the Omission Notwithstanding, or Otherwise to relieve 

the Petitioners as Shall Seem Meet. 

[Read and] 

Ordered That the Petitioners be Enabled to bring forward, & prose- 
cute their Appeal, at the Next Superiour Court of Judicature, to be 
holden in the County of Essex ; and that the Justices of the Said Court 
be Impowered & directed, to try the Same, the Omission of the Clerk 
of the Inferiour Court in Not Signing the Reasons of appeal, or any Law 
Usage or Custom to the Contrary Notwithstanding. \_Passed July 5.^ 



CHAPTER 104. 

ORDER ON MEMORIAL OF THE TRUSTEES OF IPSWICH FREE SCHOOL 
FOR LEAVE TO PROCEED TO TRIAL OF THE MERITS OF AN ACTION 
STOPT BY A PRETENDED CLAIM. 

A Memorial of John Wainwright Esq'' &c'' Trustees for Ipswich i*'^'^|?'^'^f ., 
Free School, Shewing that they Commenced an Action against Sarah council, xi., 
Cogswell, at the Inferiour Court held for Said County in March last, ^^ , 

' The House Journal (differing verbally in regard to the last clause) adds, " pursuant 
to the Agreement he made with this Government." 

» The date here given is taken from the House Journal. The Secretary enters the order 
as of July 3 ; but as tinal action was taken by the House, the House Journal is probably 
correct. 



198 



Province Laws (i?e,s'o/ves, e^c.). — 1722-23. [Chaps. 105-107.] 



House Jour- 
nal, pp. 40, 5f 
Supra, chap. 
103. 



Who by Several Ai'ts & Subterfuges, did prev' the Action from Com- 
ing to a Jury Especially by Setting up a pretended Lease of the Lands 
Sued for, praying that Notwithstanding the Said Lease, they may be 
Empowered to proceed to a Tryall of the Merits of the s** Cause,. 

[Read and] 

Resolved, That Sarah Cogswell Widow, whom the Petitioners alledge 
to be in ^ possession of Certain Lands, belonging to Said School, & who 
was defendant in the Cause Mentioned in the Said Petition, be Served 
with a Copy thereof in Order to her Making, Answer & Assigning her 
Reasons (if any she have) upon the Second Tuesday of this Court, in 
their Next Session Why the Prayer of the Said Petition Should not be 
Granted. \_Passed Jidy 5.^ 



CHAPTER 105. 



Legislative 
Records of the 
Council, xi., 
371. 

House Jour- 
nal, p. 59. 



ORDER ON JAMES & SUSANNAH HABBERSHAMS PETITION COMPLAIN- 
ING OF A JUDGMENT. 

A Petition of James Habbersham, & Susannah Habbersham, (for- 
merly Susannah Copestock, Widow) Praying that they may be Impow- 
ered to have a Trial of a Cause that went ags* her, by Default in 
January 1710, in which Susannah Vile was Plantiff or that She may 
be heard before this Court, & have Liberty to Shew forth the Reason- 
ableness & Equity of her Request. 

Read & 

Ordered That the Petitioners Sei've the Adverse Party with a Copy 
of this Petition, that So he'' may Answer thereto, (if he^ See Cause,) on 
the Second Tuesday of the next Sessions. \_Passed Jidy 5. 



CHAPTER 106. 



Legislative 
Records of the 
Council, xi., 
371. 

House Jour- 
nal, p. 60. 



VOTE ALLOWING THE COUNTY TREASURER OF SUFFOLK HIS ACCO'f. 

An Accompt of Samuel Checkley Esq*" Treasurer of the County of 
Suffolk for the Year 1721, having been Inspected by the Court of Gen- 
eral Sessions of the Peace, for the S*^ County, & by them allowed & 
approved of. 

Read & allowed. \_Passed July 6. 



CHAPTER 107. 



Legislative 
Records of the 
Council, xi., 
871^ 

House Jour- 
nal, p. 60. 



VOTE ON NORTHFIELD PETITION IN REGARD TO THE GARRISON. 

Voted, 

That the Soldiers at North field be directed to Garrison one or more 
of the most Suitable Houses there for their Security, and that it be 
recommended to the Inhabitants, to Assist them with their Teams. 
[^Passed July 6. 

> The House Journal omits, " whom the Petitioners alledge to be in." 
^ The Secretary enters this resolve as of July 3 ; but the House Journal shows that it 
was sent up for concurrence on July 5. As the action in this matter and that of the chapter 
just preceding appear to have gone on together, the date of final action in the present in- 
stance is made the same as in that of the preceding, the date of which is given by the House 
Journal. 
3 Sic. 



[1st Sess.] Province Laws (i?eso;?;e.S e^c.). — 1722-23. 199 



CHAPTEK 108. 

VOTE FOR CALL" A TOWN MEETING AT RUTLAND. 

Voted That Cap' Samuel Wright be Authorized & Impowered, to Legislative 
Call a Meeting of the Proprietors, & other, Inhabitants of the Town cmS, xl"'^ 

of Rutland, Qualified by Law, on the last Monday of this July Curr', -^ 

then to chuse Town officers, to Serve, till the General Meeting in House Jour- 
March Next. [Passed July 6. °^^' p- ^• 



CHAPTER 109. 

RESOLVE ALLOWING £25 TO MATTHEW SHORT, MINISTER OF BIDDE- 

FORD. 

Resolved that the Sum of Twenty Five pounds, be allowed & paid out ^^'^jf**^? .j- 
of the Publick Treasury to M' Matthew Short, the Minister of Bidde- council, xi., 
ford iu full of his past Service. [Passed July 6. '^''^■ 



House Jour- 
nal, p. 60. 



CHAPTER 110. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SHIP FLYING 
HORSE CAPT PETER PAPILLON. 

A Muster Roll of the Company on board the Ship Flying Horse, Legislative 
Cp' Peter Papillon Commander, Containing an Acco' of Wages due to councif xl*'^^ 
them for their Service, being Sent in Quest of a Pirate Vessell, Amo' to 37-2 . 

the Sum of £202. 12. 8. House Jour- 

[Readand] r^^W-^. 

Resolved^ 

That the Sum of Two hundred & Two pounds Twelve Shillings & 
Eight pence be allowed & paid out of the Publick Treasury to Cp' Peter 
Papillon, to discharge the Wages due to the officers & Sailors. [Passed 
July 6. 

CHAPTER 111. 

RESOLVE ALLOWING £500 TO THE JUDGES. 

Resolved That the Sum of E'ive hundred pounds, be allowed & paid R®?'^^'?!*'^f .i, 
out of the publick Treasury, to The Honb''' the Judges of the Superiour Council, xi.. 
Court, of Judicature, in Proportion to the Courts they attended the Year ^''^- 
past. [Passed July 6. "ou^e Jour- 



CHAPTER 112. 

RESOLVE ALLOWING £250 TO THE TREASURER. Legislative 

Records of the 
Council, xl., 

Resolv^ That the Sum of Two hundred & Fifty pounds, be allowed 373^ 

and paid out of the publick Treasury to Jeremiah Allen Esq' Treas- House Jour- 
urer of this Province for his Service the Year past. [Passed July 6. "^^^'P-^i- 



200 



Province Laws (i?eso?ves,ete.). — 1722-23, [Chaps. 113-116.] 



Legislative 
Records of the 
Council, xi., 
373. 

House Jour- 
nal, p. 61. 



CHAPTER 113. 

RESOLVE ALLOWING £20 TO W^ PAYNE ESQ« CLERK OF THE HOUSE. 

In the House of Representatives ; 

Mesolv'^ That the Sum of Twenty Pounds be allowed, & paid out of 
the Publick Treasury to William Payne, Clerk of this House, in part 
of his Service for the Year Currant. 

In Council Read & Concurr'd. [Passed July 6. 



CHAPTER 114 



Legislative 
Records of the 
Council, xi., 
373. 

House Jour- 
nal, p. 61. 



RESOLVE ALLOWING £25 TO JOHN FLAGG DOORKEEPER. 

Resolved That the Sum of Twenty Five pounds be allowed & paid 
out of the publick Treasury to John Flagg Doorkeeper, to his Exel- 
lency the Gov"^ & this Court, for his Service half a Year Ending the 
Twenty Sixth, of June past. \_Passed Jtdy 6. 



CHAPTER 115. 



Legislative 
Records of the 
Council, xi., 
373. 

House Jour- 
nal, p. 61. 



RESOLVE ALLOWING £1. 10 TO JOHN FLAGG. 

An Accompt of John Flagg Doorkeeper, for Tending the Clocks & 
Money Expended by him for the Court Amo' to the Sum of £4. 10/. 

[Read and] 

Resolved That the Sum of One pound & Ten Shillings be allowed and 
paid out of the Publick Treasury to John Flagg Doorkeeper, in full of 
his Said Accompt. {^Passed July 6. 



Legislative 
Records of the 
Council, xi., 
3.52, 373. 

Legislative 
Records of the 
Conn<;il, xi., 
27S, 330, 331,338. 
House Jour- 
nal, p. 46. 
Ante, p. Ill, 
chap. 21; p. 143, 
chap. 110. 



CHAPTER 116. 

VOTE ON THE COMMITTEES REPORT ABOUT THE EASTERN AFFAIRS. 

In Obedience to the Order of the Court, directing us to meet, & Con- 
sider what is proper, to be done on the affairs of the Indians, The 
Committee Humbly propose as follows. First that his Exellency 
be desired to Give direction to the Commanding officer, that a Suitable 
Number of the Forces, Not Less tiian one third part, be Constantly Em- 
ployed, to make discovery of the Indians & to Observe, their Motions, 
& to acquaint themselves, with their Fishing & Canning places and to 
Sieze upon & take into Custody Such of the Indians as they Can Meet, 
with, to the Number they ma}'^ understand the Indians have taken of 
ours, & that they Consult <fe i)ut in I^xecution, the Best Methods pos- 
sible, for seizing Sebastian Ralle, the Jesuit, and that they Send Such 
as they take to Boston, p"^ the First opportunity, and in Case the Indians 
make forcible Resistance, tjien to Repell Force by Force and that the 
S'' Marching Forces be obliged once a Month, to make return of their 
proceedings to his Exellency the Gov^ 

Secondly, that Commissioners be appointed, to deliver the present 
Ordered by this Court, at their Session in August last, (with Such 



[1st Sess.] Province Laws {Resolves, etc.). — 1722-23. 201 

Further addition as this Court Shall think proper to be made) to the 
Five Nations, to renew the Ancient Amity between the Government 
& those Tribes, That the Commissioners be particularly Instructed, to 
Represent to the Cheifs of those Tribes how perfidiously, many of his 
Majesties Subjects, have been treated by those Eastern Indians Called 
Abenaquois, In the Repeated Insults & Acts of Hostility by them Com- 
mitted, Contrary to their Many Solemn Covenants and Engagements, 
Yet Notwithstanding the Government hath hitherto Continued to use 
all Manner of Gentleness towards them, and have thought fit, before 
they proceed to do Justice upon them, to Represent these abuses to the 
Ii'equois, who are the most Considerable Tribes of the Natives, & who 
have a Great Influence on the other Indians, & to desire & Engage the 
Continuance of their Friendship with us, that in Case the Said Indians 
Should by Repeated & Insufferable Insults, Bring things to Extremity, 
The Said Irequois would Join with us, in reducing them to a Good & 
peaceable Behaviour for the future, And, That his Exellency be 

desired to write to the Gov"" of New York, to acquaint him with our 
purpose, to make a present to the Five Nations, and to desire him, to 
Give his Countenance thereto, and his directions for Assembling their 
Cheifs at Albany, as Soon as their distance will allow. Thirdly 

That ten Whale Boats with Very Good Oars, be provided, & Sent to 
the Forces for the Enabling them to manage a Sufficient Scout, 

Fourthly that In Case Tidings Should Arrive, of the Indians falling, 
upon any of our Settlements, & killing the people, Wee Apprehend it 
Necessary, that Two hundred Men besides those, already Voted, or 
more, as the Necessity of the Case may Require, be added as Soon as 
may be, to the Forces, for Effectually prosecuting, the Indian Rebells. 

Fifthly, that a Sloop be taken into the Province Fay for Transporting, 
Men and Provisions, from place to place, as Need Requires, Which 

is What at Present offers & is humbly Submitted, 

JoHX Appleton by Order of the Committee 

In the House of Representatives, Read paragraph By Paragraph, and 
all the Articles pass'd in the Negative, Except the fourth Article, of 
adding Two hundred Men, to those already there, in Case &c^ 

In Council Read & Concurr'd with the Acceptance, of the Fourth 
Article of this Report. \_Passed July 6. 



CHAPTEE 117. 

RESOLVE ALLOWING £60 TO THO'^ BAKER & JOSEPH KELLOG. 

A Petition of Thomas Baker & Joseph Kellogg, Praying Some Legislative 
proper allowance for their time and Expences, in Going Express to councu* x*i *^^ 
Canada, with the Letters of the Government, in April last, 373. 

[Read and] House Jour. 

Resolved, That, the Sum of Sixty pounds, be allow'd and paid out of °^'' ^" ^^* 
y" publick Treasury to the Memorialists, Tho' Baker & Joseph Kellogg, 
Thirty pounds to Each of them in full of their Charges & Expences, in 
Going to Canada & returning thence. [^Passed July 7. 



202 Province Laws {Resolves, etc.). — 1722-23. [Chaps. 118-121.] 

CHAPTER 118. 

RESOLVE ALLOWING £4. 17 TO JOS: MARION. 

Records^of the -^^ AccoMPT presented by Joseph Mariou of Writing done for 
Council, xi., the publlck at the last & this Present Session, Amo' to the Sum of 

'^ £4. 17/. 

Su?p'62'"" [Read, and] 

Resolv^ That the Sum of Four pounds. Seventeen Shillings, be 

allowed and paid out of the publick Treasury, to Jos : Marion, in full 

of the above Aceompt. \_Passed July 7. 



CHAPTEE 119. 

VOTE ACCEPTING REPORT OF ACCO^ OF DISBURSMENTS FOR REPAIRING 

CASTLE WILLIAM. 

Legisiative^^^ ^^ AccoMPT presented by William Dummer Esq' Edward Hutch- 
Councii, xi., inson Esq'' & Cap' Joseph Wadsworth of Sundry disbursments, for 

^J^ Securing the East & West Heads of Castle Island &e^ & of Moneys, 

House Jour^^ Rec*^ for that Service,^ 

^?i<e, p. 195, "" Read & Accepted. \_Passed July 7. 

chap. 97. 



CHAPTER 120. 

RESOLVE ALLOWING £2. 6 TO BENJ^ ROLFE & SAM^-^ TYLEY. 

teordso7the ^^ AccoMPT Presented By Benj" Rolfe & Samuel Tyley of Writing 

Council, xi., done for the publick, in the Years 1720 «fc 1721, Amo' to £3. 4/. 

?ii [Read, and] 

mi^p^ Ir^' Resolved, That the Sum of Two pounds «fe Six Shillings, be allowed 

& paid out of the publick Treasury, to the Accomptants, Samuel Tyley 
& Benj* Rolfe in full of the above Aceompt. \_Passed July 7. 



CHAPTER 121. 

RESOLVE ALLOWING £5. 11 TO W^ CLARK. 



Records'df the "^^ AccoMPT Presented By William Clark of disbursments in the 
Council, xi., publick Buisiness, amo' to the Sum of £5. 11/. 

— '- [Read, and] 

^a'll'Kea!'^' Resolved, That the Sum of B^ive pounds & Eleven Shillings, be 

allowed, And paid out of the publick Treasury to M' W" Clark to 

discharge the above Aceompt. \_Passed July 7. 

> In the House Journal the amount expended and the balance in hand are stated. 



[1st Sess.] Province Laws {Resolves, etc.). — 1722-23. 203 

CHAPTER 122. 

RESOLVE ALLOWING £6. 12 TO COLL" JOSEPH BUCHMINSTER. 

An Accompt Presented by Lieu* ColP Joseph Buckministcr, of Sub- Rifordsof the 
sisting Twelve, Soldiers, Impressed for his Majesties, Service East- Couucii, xi., 
ward, In June last, Amo' to the Sum of £6. 12/. ^— 

[Read, and] ^^^flr' 

Resolved 

That the Sum of Six pounds & Twelve Shillings be allowed & paid 
out of the publick Treasury, to ColP Joseph Buchmiuster in full of the 
above Accompt. \_Passed July 7. 



CHAPTER 123. 

RESOLVE ALLOWING £38. 12 TO D« GEORGE PEMBERTON. 
An Accompt Presented by George Pemberton, of Medicines & at- J^^gisiative 

v* o ' Kccorus of tiic 

tendance, on the Garrison, at his Majesties Castle William, from March council, xi., 
2*^ to June 10* 1722, Amounting to the Sum of £38. 12/. ^2h 

[Read, Accepted, And] naTp! £"""" 

Resolved., 

That the Sum of Thirty Eight pounds & Twelve Shillings be allowed 
&, paid out of the publick Treasury, to D'' George Pemberton, in full 
•of the above Accompt. \_Passed July 7. 



CHAPTER 124. 

VOTE CONTINUING PETITION OF JOHN USHER ESQ" . 

A Petition of John Usher Esq', Shewing that having Mortgaged a Legislative 
Considerable part of his Estate to the Trustees of the £50,000 Loan councu^ xl!*"^ 

for Five hundred pounds by him taken Up of the Said Money, & hav- '^j^ 

ing failed to pay the Same, The Said Trustees, have put in Suit his House Jour- 
Mortgage, & praying in Consideration of his past Services, to the °'^ ' ^^^' ' 
Province, that the Said Mortgage may be declared, Discharged, Or 
that he may be otherwise relieved, & rewarded, as to this Court may 
Seem Meet. 

Read & Continued to the Next Session, & 

Resolved, That all Process on the Mortgage, be Stopped in the mean 
time. \_Fassed Jidy 7. . . 



CHAPTER 125. 

RESOLVE ALLOWING £13. 2. 5 TO EDW" WINSLOW. 

An Accompt Presented, By Edward Winslow, Esq"' of the Repairs, Legislative 
of the Gov" House, in the Year 1721, Amo' to the Sum of £13. 2. 5. coundf xi "'^ 
[Read and] 375. 



204 



Province Laws {Besolves, etc.). — 1722-23. [Chaps. 126, 127.] 



House Jour- 
nal, p. 11. 



Legislative 
Becords of the 
Council, xi., 
376. 

Executive 
Records of the 
Council, vii., 
375. 

House Jour- 
nal, p. 64. 
Love's Fast 
and Thanks- 

fiving Days of 
ew England, 
p. 490. 



Resolv"^ That there be allowed & paid out of the Publick Treasury to 
Edward Winslow Esq"" Sherriff, the Sum of, Thirteen pounds Two Shil- 
lings, & Five pence in, full, discharge of the Said Accompt.^ \_Passe(ji 
July 7. 



CHAPTEE 126. 



VOTE FOll A PUBLIC FAST. 



Voted., That his Exellency, the Gov" be desired, to Issue out a Proc- 
lamation for the Appointing a day of Publick Fasting & prayer as Soon 
as may be, to be solemnized, throughout this Province. [^Passed * 
July 7. 



CHAPTEE 127 



VOTE FOR A PRESENT & MESSAGE TO THE FIVE NATIONS. 



Legislative 
Records of the 
Council, xi., 
376. 

Executive 
Records of the 
Council, vii., 
875. House 
Journal, p. 46. 
Ante, p. '200, 
chap. 116. 
Infra, chap. 
128. 



Voted, That a Present, of One Thousand pounds. Value, be made to 
the Five Nations, & delivered by Commissioners, appointed to Renew, 
the Ancient Amity, between this Government & those Tribes, That, the 
Commissioners be particularly Instructed to Represent to the Cheifs of 
those Tribes, How perfidiously many of his Majesties Subjects, have 
been treated, by those Eastern Indians Called Abenequoiss, in their, 
Repeated Insults and Acts of Hostility, by them Committed, Contrary 
to, their Many Solemn Covenants & Engagements, Yet Notwithstand- 
ing this Government, hath hitherto. Continued to use all manner of 
Gentleness towards them, «fe have thought fitt before they proceed to 
do Justice upon them, to Represent these abuses to the Iiequois, who 
are the most Considerable Tribes of the Natives, & who have a Great 
Influence, on the Other Indians and to desire & Engage the Continu- 
ance of their Friendship with us. That in Case the Said Indians, 
should by Repeated, & Insufferable Insults, bring things to Extremitj^ 
The Said Irequois, would Join with us, in reducing them to a Good & 
peaceable Behaviour, for the future, [The Commissioners are directed 
to Signify to those Tribes, That, if Some of their Cheifs thought fit 
to proceed on a Visit to Boston it will be Acceptable to the Govern- 
ment,] And that his Exellency, be desired first to write, to the Gov" 
of New York, to Acquaint him with our purpose to make a Present to 
the Five Nations, & to desire him to Give his Countenance thereto & 
his directions for Assembling the Cheifs at Alban}', As Soon as their 
Distance, will allow.- \^Passed July 7. 

• In the House Journal this resolve appears in a slightly different form. 

' According to the Secretary's record and the State Library copy the foregoing was 
passed in the House of Representatives and concurred in by the Council. But that, it 
seems, is a mistake. The vote here printed, after the first few lines (beginning with tlie 
words "to renew the Ancient Amity," except the words in brackets), was one of the re- 
jected clauses (the second) of the vote of July 6 (ante, pp. '200, 201). The vote actually 
passed in the House of Representatives was passed on July 5, and concurred in by the 
Council on July 1 . That vote was as follows, and should have been entered by the Sec- 
retary instead of the one here printed from the Secretary's records : — 
"In the House of Representatives. 

Voted, That Commissioners be appointed to deliver the Present Ordered by this Court 
at their Sessions in Auc/ust last, to be made to the Five Nations, to renew the Ancient 
Amity between this Government and those Tribes. That the Commissioners be particu- 
larly instructed to represent to the Chiefs of those Tribes how perfidously many of His 
Majesty's Subjects have been treated by those Eastern Indians called Ahneqiiois in the 
repeated Insults and Acts of Hostility by them committed contrary to their many solemn 
Covenants and Engagements, yet notwithstanding this Government hath hitherto continued 
to use all manner of gentleness towards them, and have thought fit before they proceed to 



flsT Sess.] Province Laws (7?eso?ye.s-, e^c). — 1722-23. 205 



CHAPTER 128. 

VOTE FOR COMMISSIONERS TO THE FIVE NATIONS. 
In Council, fe^^'^!?"^^^, 

„ - , ' Records of the 

Vrderea Council, xi., 

That William Tailer & Spencer Phips Esq" with Such as the Honb'* — 

House of Representatives shall Join Be Commissioners, to proceed, na*]"!*^ ^°"'^" 
with the present of this Court to the Five Nations, In the House Sujlrci chap, 

of Representatives Read and Concurr'd, and chap. 129!"' 

Voted.) that Elisha Cook & John Stoddard Esq" be added to 
them, I Consent to this. Vote, with the Commissioners, Except- 

ing Elisha Cook Esq'.^ [^Passed July 7. 



CHAPTER 129. 

SECOND VOTE AB^ SENDING TO THE FIVE NATIONS &c'»'. 

Voted, That his Exellency be desired to Send one of the Commis- Legislative 

sioners, (to be appointed to treat with the Five Nations) or Some other counctf xL*^^^ 

Suitable Messenger, with his Letters to his Exellency Gov"^ Burnett, srh ^ 

together with Minutes of Articles, on which wee propose to treat, with Supra, chap, 
those Tribes and That Gov"^ Burnett be desired, to let the Messenger chap.'iso!"' 
know his Resolution, on that affair, and in Case he Shew a Readiness, 
to assemble the Cheifs, of those Nations at Albany, and to Encourage 
them to Comply, with our proposalls. That then the Gov"' be desired, 
to Hasten, their Coming to Albany, where the Commissioners shall 
meet with them ; and deliver the Present alread}^ there, & So much 
more as Shall amount, to the Value of One Thousand pounds ; But if 
otherwise, That Some P^ffectual method, be taken, for the delivery of 
the Present, of One Thousand pounds, to the Five Nations in Some 
proper place, within this Government, as Soon As may be.^ [^Passed 
July 7. 



CHAPTER 130. 

VOTE APPOINTING A COMMITTEE OF BOTH HOUSES TO PREPARE THE 
MESSAGE & PRESENT TO THE FIVE NATIONS. 

In Council, his Exellency Acquainting, the Board, that he Expected Legislative 
by the return of the Post, an Answer from Gov'' Burnett, with respect councif.xi./^ 
to the Present Intended to the Five Nations, And, the Court, being ^ 



desirous to rise,. House Jour- 

Voted That Penn Townsend, Esq"" Addington Davenport Esq' & Paul suprd, chap. 
Dudley Esq" with So many of the Members, of the Hon"'= House, as ^-^• 
Shall he appointed, & may be Got together, during the Recess of this 
Court, be Impowered to Consider & agree, what may be proper to be 

do Justice upon them, to represent those Abuses to the Iroquois who are the most consid- 
erable Tribes of the Natives, and who have a great Influence on the other Indians, and to 
desire and engage the continuance of their Friendship with us. 

That in case the said Indians should by repeated and insuffererable insults bring things 
to extremity, the said Iroquois would join with us in reducing them to a good and peace- 
able behaviour for the future." — House Journal, p. 57. 

' No action on this exception is recorded. 

* The foregoing vote does not appear in the House Journal. 



206 



Province I^a^xs {Besolves, etc.) . — 1722-23. [Chaps. 131-133.] 



done, as to the Present, of One Thousand pounds Voted by this Court, 
& lay the Same before his Exellency the Gov^ & Council, for their 
approbation, & that it be put in Execution Accordingly, In the 

House of Representatives, Read & Concurr'd Provided the Instructions 
be Conformable to the Resolve of this Court, and, that ]VP Speaker, 
M' Cook M' Chambers, M' Tay M' Remington & M' Austin be added 
to them. 

In Council Read & Concurr'd. ^Passed July 7. 



CHAPTER 131. 



RESOLVE CONFIRMING TITLE TO LAND IN FAVOR OF JOHN WODDEN. 



Legislative 
Records of tiie 
Council, xi., 
377. 

House Jour- 
nal, p. 36. 
Ante, p. 130, 
chap. 75. 



A Petition of John Wodden^ of Salem, praying, that one hundred & 
Fifty Acres of Land laid out, by a Surveyour & Chain Men, under 
oath, bounded on Haverhill West Line, to fullfill a Grant made by the 
General Court to his Father John Wooden, may be Confirmed to him 
According to the Piatt therewith Returned ; Read & 

Resolved that the Said one hundred & Fifty Acres of Land - be Con- 
firmed, to the Said John Wooden & his Heirs. {^Passed, July 7. 



Legislative 
Records of the 
Council, xi., 
378. 

House Jour- 
nal, p. 38. 



CHAPTER 132. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE COMP^ 
OF CAPT JOHN WAINWRIGHT DECi*. 

A Muster Roll of the Company in his Majesties Service, under the 
Command of Cap' John Wainwright late dec** from the 5* of May to 
the 24"' of August 1721, Amo' to the Sum of £307. 3. 11. 

[Read, Accepted, And] 

Resolved^ That the Sum of Three Hundred & Seven pounds, three 
Shillings & Eleven pence be allowed, & paid out of the Publick Treas- 
ury to^ the Officers & Soldiers in the within Muster Roll, (Save what 
Money is due from any of the men to the Captain & Commissary, be 
first deducted, that being made to Appear, within Sixty* days from the 
date hereof) to discharge their Wages, as within Expressed. \_Passed 
July 7. 



CHAPTER 133. 



RESOLVE ALLOWING £500 TO THE GOVERNOR. 



Legislative 
Records of the 
Council, xi., 
372, 379. 

House Jour- 
nal, p. 61. 



Resolved^ that the Sum of Five hundred pounds, be allowed & paid 
out of y'' publick Treasury to His Exellency Samuel Shute Esq' Cap- 
tain General &, Govenour in Cheif of this His Majesties Province for 
His Support in Managing the affairs of the Government. \^Passed 
July 7. 

' " Wadden," in the House Journal. 

2 The House Journal here inserts, "laid out to him on Merrimdck-River." 

3 From this word on, as far as the parenthesis, the House Journal reads, "Discharge 
the Wages due to the Officers and Soldiers as within expressed," the parenthesis conclud- 
ing the resolve. 

* "Twenty," in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1722-23. 207 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Eighth Day of August, A.D. 1722. 



CHAPTEE 134. 

VOTE CONTINUING THE REPORT AB^ WEYMOUTH MEETING HOUSE. Legislative 

Records of the 
Couucil, xi., 

William Tailer Esq'' from the Committee of Both Houses, ap- ssl 



pointed to Consider the affair of the Meeting House at Weymouth, Legislative 

}-,.,,. -r» , Records of the 

Gave in their Keport,. Council, xi., 

Read & ^^^- House 

Ordered That the Consideration of this Report, be referred to the Ante, p.'iei, ' 
Fall Session. \_Passed August 8. ch^vr,. 



CHAPTER 135. 

RESOLVE ALLOWING £6. 6. 2 TO BENJ-^ WOODBRIDGE. 

An Accompt presented By Benj^ Woodbridge of Billeting, Soldiers Legislative 
in his Majesties Service, &c^ Amo' to the Sum of £6. 6. 2,. SS xl*"^ 

[Read, And] 38i. 

Resolved That the Sum of Six pounds Six Shillings & Two pence House Jour- 
be allowed & paid out of the publick Treasury, to M' Cutting Noyes °'^'> p- ^• 
in full discharge of this Accompt. [^Passed August 8. 



CHAPTER 136. 

RESOLVE ALLOWING £8. 3 TO COLL-^ AV« DUDLEY. 

An Accompt presented By William Dudley Esq' of Billeting Sol- ^f^^J^g^^^f ^^^ 
diers, & Expressing Orders for detaching them, Amo' to the Sum of council, xi., 
£8. 3/. ^3i 

[Read, And] ?aTp%^'''"'' 

Resolved^ That the Sum of Eight pounds, Three Shillings be allowed, 
and paid out of the publick Treasury to William Dudley Esq"" in full dis- 
charge of the, Within Accompt. \_Passed August 8. 



208 



Province J^aws {Besolves, etc.) . — 1722-23. [Chaps. 137-139.] 



Legislative 
Records of 
Council, xi. 
383. 

House Jour- 
nal, p. 5. 
Ante, p. 169, 
chap. 29. 



CHAPTER 137. 

ORDER ON THE PETITION OF SEVERAL INHABITANTS OF WORCESTER, 
RECOMMENDING A MEETING OF MINISTERS TO SETTLE DIFFERENCES 
IN THE CHURCH. 

fijg A Petition of Sundry Inhabitants of the Town of Worcester, Set- 
ting forth that the Elders & Messengers of the Several Churches, ap- 
pointed to meet at Worcester, for their deciding the differences in that 
Church, decline Going there, by reason of the rupture with the Indians, 
It being a Frontier place, and therefore praying. That it may be recom- 
mended to the Said Ministers to Meet at Dedham, for the affair afore- 
said, on the lirst Wednesday of September Next. 

Read & 

Ordered, That the Prayer of the Petition be Granted. \^Passed 
August 10. 



Legislative 
Records of the 
Council, xi., 
383. 

House Jour- 
nal, pp. 41 
(June), .59; 
pp. 4, 5. 



CHAPTER 138. 

ORDER ON COMMITTEES REPORT ABOUT Y^ CASTLE PINNACE. 

Jonathan Dowse Esq* from the Committee Gave in the Following 
Report, Viz'. 

The Committee had the Castle Pinnace hawled up, & took out a 
Plank on Each Side, & find her very Rotten her Plank too thin, by 
often Scraping, to hold Oacum, & her Timbers, So Rotten, that they 
will not hold Nails, and are of the Judgm' that it will Cost more to 
Repair her than to have a new one Built, which is Submitted, 

(Signed) Jon" Dowse, 

W" Clark. 

Read and Accepted, & 

Ordered that the Said Committee take Care to Get a New Boat Built, 
and to make use of all the Iron Work in the old Boat, that may be use- 
full in the New one. [Passed August 10. 



CHAPTER 139. 



RESOLVE ALLOWING £3. 17 TO MAJ" JOHN CHANDLER. 



Legislative 
Records of the 
Council, xi., 
38.5. 

House Jour- 
nal, p. 6. 



An Accompt presented by Major John Chandler, of Subsisting Sol- 
diers, & Expressing Orders for the Raising them Amo' to the Sum of 
£3. 17. 

[Read, And] 

Resolved., That the Sum of Three pounds. Seventeen Shillings, be 
allowed and paid out of the Publick Treasury to John Chandler Esq' 
in full discharge of the Above Accompt. \_Passed August 11. 



[2d Sess.] Province Laws (liesolves, etc.). — 1722-23. 209 



CHAPTER 140. 

ORDER FOR TAK« UP AYHALE BOATS. 

Voted, That M' Israel Tupper be directed & Impowered to Go to Legislative 
Sandwich, or any other parts of the Cape, & Take up Twenty Good councif.xi., 
& Sufficient, Whale Boats for the Service of the Province, & Send -^ 



them, forth with to, Boston.^ [Passed August 11. ^«<e, p. 187, 



CHAPTER 141. 

RESOLVE ALLOWING £10 TO COLL" SPENCER PHIPS. 

An Accompt presented by Coll : Spencer Phips of Expressing Orders, Legislative 
for Impressing Soldiers, & for Subsisting Soldiers Amo' to the Sum of councif xi'^^ 

£10. 385. ' 

[Read, And] House Jour- 

Resolved °^''P-'- 

That the Sum of Ten pounds be allowed & paid out of y" publick 
Treasury to Spencer Phips Esq"^ in full discharge of the within Ac- 
compt. [Passed August 11. 



CHAPTER 142. 

ORDER ON MK HENRY GIBBS PETITION FOR PARTITION OF LANDS. 

A Petition of Henry Gibbs of Watertown Clerk, Shewing that his Legislative 
Mother, M" Elizabeth Corwin, left at her Death, a Warehouse Land counwf, xi.l^^ 

& Wharf, Near the Town Dock, in Boston, & Two pells : of Land at ^ 

y* North End of Boston ; all which by her last Will & Testament she House Jour- 
devised as follows, Viz' to the Children of her Eldest Son Dec*^ One ^^'^• 
third part. One Third part to the Petitioner, & the Remain^ Third to 
the Children of Her Youngest Son, George Corwin, dec*^ and that the 
Children of the S'^ George Corwin are Infants and have No Guardian 
Appointed for them, & therefore praying that this Court w^ould order 
that the Petitioners part in the Said Estate may be Sett off, & Assigned 
to him. 

Read & 

Ordered., That the Petitioners Part in the House & Lands Mentioned 
in the Petition be Sett off and assigned to him, in the Same Manner 
as was Ordered by this Court at their last Session, for Setting off 
and assigning the parts & Shares of M' Henry Gibbs of Boston, & 
M' John Cotton in the Said Estate, And that the Judge of the Pro- 
bate of Wills for the County of Suffolk be Impowered & directed Ac- 
cordingly. \_Passed August 11. 

' No such vote appears in the House Journal. See ante, p. 187, chap. 77. as to action 
on June 29. 



210 



TROvmcE Laws {Besolves, etc.) . — 1722-23. [Chaps. 143-146.] 



CHAPTER 143. 



RESOLVE ALLOWING £4. 4 TO COLL^ JOSEPH BUCKMINSTER. 



Records^of the ^^ AccoMPT presented By Coll : Joseph Buckminster, of Billeting 
Council, xi., Soldiers, Impress** in his Majesties Service, Amo' to the Sum of £4. 4/. 
[Read, And] 
Mesolv'd 

That the Sum of Four pounds & Four Shillings be allow** and paid 
out of the Publiek Treasui'y, to Coll° Joseph Buckminster, in full dis- 
charge of the above, Accompt. \^Passed August 11. 



House Jour- 
nal, p. 6. 



CHAPTER 144. 



RESOLVE ALLOWING £1. 13 TO LUKE HITCHCOCK ESQ= 



Legislative 
Records of the 
Council, xi., 



House Jour- 
nal, p. ,5. 
Ante, p. 190, 
chap. 84. 



Resolved 

That, the Sum of One pound Thirteen Shillings be allowed and paid 
out of the Publiek Treasury to Luke Hitchcock Esq"' for his Travell, & 
Expeuces, in Receiving, Three Hundred pounds Left in the Hands of 
William Pitkin Esq% & paying the Same into the Treasury, As Appears 
by the Reciept he produced. \_Passed August 11. 



CHAPTER 145. 



RESOLVE ALLOWING £6. 9 TO MAJ'' PAYNE MAYHEW. 



Legislative 
Records of the 
Council, xi., 
386. 

House Jour- 
nal, p. 6. 



An Accompt of Payne Mayhew Esq' of his Sending Expresses, & of 
his Charges on Soldiers raised, for his Majesties Service, Amounting 
to the Sum of £6. 9/. 

[Read And] 

Resolved, That the Sum of Six pounds. Nine Shillings, be allowed & 
paid out of y" Publiek Treasury to Major Payne Mayhew, in full dis- 
charge of this Accompt. [^Passed August 11. 



CHAPTER 146. 



VOTE APPOINTING A COMMITTEE TO VIEW THE PROVINCE POWDER &c\ 



Legislative 
Records of the 
Council, xi., 
387. 

House Jour- 
nal, p. 6. 



In the House of Representatives ; 
Voted, That M' W" Clark William Dudley Esq' & Coll" Robert Spurr, 
be a Committee to repair to the Powder House in Boston & Examine 
what Quantity of Powder there is, Belonging to this Province, to try 
whether it be fitt for Service, & to Send Such Bll' as are Unfltt for use 
to the Powder Mill to be new Made ; lu Council, Read & Concurred, 
«fc that W™ Tailer, & Thomas P'itch P^sq" be added to the Committee 
of the House, In the House of Representatives, Read & Concurr'd. 
\_Passed August 11. 



[2d Sess.] Province Laws (liesolves, etc.). — 1722-23. 211 

CHAPTER 147. 

ORDER FOR DISCHARGING SEVERAL INDIANS. 

In the House of Representatives, Whereas Sundry Indians have Legislative 
of late been taken up, & detained, and it appear° to this House, tha- councU^ xi.*^^^ 
Several of them are our Friend Indians ; Viz' Isaac Seconto, Nawhat 387. 
uet,^ Kautusunk,^ Wawmanawhoo,'^ Toomegus, Christian, Stowgaroo,* House Jour- 
& Chawsaucoo,^ Therefore, nai.p. 5. 

Voted, that the}' with their Wives & Children have Liberty to depart, 
& that Such of them as are desirous, to return to Albany, have an Eng- 
lishman to attend them, J^ither to Westfeild, or Deerfield, to prevent 
their being Mistaken for Enemies, who is likewise directed to pay the 
Expence of their Travell there, And that M"" Jabez Fairbanks, be di- 
rected & Impowered to restore them the Guns, &c* taken from them, 
& from Corass who Escaped, and that in token of our Friendship to 
them, a Blankett be Given to Each of them ; That William Paugus 

Abraham & Francois (Pennicook Indians) together, with their Squaws 
& Children, be Secured, where they are, untill further Order 

In Council, Read & Concurr'^. [PassecZ August 11.^ 



CHAPTER 148. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISONS AT FORT GEORGE. 

A Muster Roll of the Garrison in his Majesties Service, at Fort Legislative 
George at Brunswick under the Comm*^ of Cap' John Gyles, Contain- councir, xi.! ^ 

ing an Accompt of Wages due to them, for their Service, from July ^^ 

7'^ 1721 to August 13'^ 1722, Amo' to the Sum, of £265. 7. 2. E*^"!.® i°"^- 

[Committee's report read and] 

Resolved That the Sum of Two hundred & Sixty Five pounds Seven 
Shillgs : and Two pence, be allowed & paid out of y*" Publick Treasury, 
to discharge the Wages due to the officers & Soldiers in the within 
Muster-RoU. [Passed August 14. 



nal, p. 8. 



CHAPTER 149. 

RESOLVE ALLOW^ING £57. 17. 9 TO CAP^ JOHN GYLES. 

An Accompt presented, by Cap' John Gyles of disbursments, for Legislative 
his Majesties, Service for Work & for Fire Wood, at Fort George, & counc'if, xl!^'^ 

389. 

> " Natchanut," in the House Journal. 

^ " Kautosttck," in the House Journal. 

s " VVaymanaw," in the House Journal. 

* " Toyatcaic," in the House Journal. 

5 " Chausaco," in the House Journal. 

« The following was the vote of the House, according to the House Journal, p. 5 : 
" Voted, That those of them which belong to the Maquois, Albany & Moheegs, and are 
desirous to return, may have liberty to depart, and a Guard to attend them, and bear their 
Expence to Deerfield. And as a Token of Friendship that a Blanket be given to those Eight 
Indians, and that Mr. J(d)ez Fairbanks be desired to take care that the Guns, &e. taken 
from them, and from Cohoos (who escaped) be restored to them. And that Wm. Pawyees, 
Abraham and Francis, Penecook-lndisins, with their Families be sent to the Castle and 
secured." 



212 



Province I^awb {Resolves, etc.). — 1722-23. [Chaps. 150-153.] 



House Jour- 
nal, p. 8. 



LeglslatiTC 
Records of the 
Council, xi., 
389. 

House Jour- 
nal, p. 8. 



for Intelligence, from the Indians, and of Wages for his Service as 
Interpreter, Amo' to the Sum of £57. 17. 9. 

[Read and] 

Resolved That, the Sum of Fifty Seven pounds, Seventeen Shillings 
& Nine pence, be allowed and paid out of the publick Treasury, to 
Cap' John Gyles in full discharge, of the above Accompt. \_Passed 
August 14. 



CHAPTER 150. 

RESOLVE ALLOWING £41. 19. 10 TO DISCHAUGE CAP^ JOHN GYLES 2» 

ACCO^. 

An Accompt presented, by Cap' John Gyles of his Charge in obtain- 
ing Intelligence from the Indians, from Dec' 1720, to June 1721, 
Amo' to, £41. 19. 10. 

[Read and] 

Resolved, That the Sum of Forty one pounds Nineteen Shillings & 
10'' be allowed & paid out of the publick Treasury to Cap' John Gyles, 
in full discharge of the within Accompt to June 27"" 1721. \_Passed 
August 14. 



CHAPTER 151. 



RESOLVE ALLOWING £1 PER WEEK TO CAP^ JOHN GYLES FOR WAGES. 



Legislative 
Records of the 
Council, xi., 
389. 

House Jour- 
nal, p. 8. 
Ante, p. 211, 
chap. 149. 



Whereas Cap' John Gyles, has been allowed pay as Interpreter to 
the Indians besides his usual allowances as Commander of Fort 
George, which pay now Ceases, by Reason of the Indian War,. 

Resolved, That the Said Cap' John Gyles be allow"^ the Sum of 
Twenty Shillings per Week, as Captain of that Fort for and during 
the present War. \_Passed August 14. 



CHAPTER 152 



VOTE ALLOWING THE ACCO'^ OF THE TREASURER OF DUKES COUNTY. 



Legislative 
Records of the 
Council, xi., 

389. 

House Jour- 
nal, p. 7. 



An accompt of Enoch Coffin Treasurer of Dukes County for the 
Year 1721, Having been Examined b}' the Court of General Sessions, 
of the peace for the Said County, and by them Accepted & allowed, 
Read & allow**. [Passed August 14. 



CHAPTER 153. 



ORDER ON JACOB SEEKNOUTS PETITION PRAYING AN ACCOUNT BY HIS 

AGENT. 



Legislative 
Records of the 
Council, xi., 
389. 

House Jour- 
nal, p. 9. 



A Petition of Jacob Seeknout (Indian) Sachem, of Chebauquedock, 
Complaining of Some Fradulent and wrong dealings of Benj" Haws 
Esq' his Agent, and praying that the Said Haws may be obliged to 
Give an Account of his trust and that the Court would appoint Some 



[2d Sess.] Province Laws (Besolves, etc.). — 1722-23. 213 

persons before whom Simon Butler, (The petitioners Present Attour- 
ney) shall be obliged Annually to accompt or that he may be other- 
wise Relieved, 

[Read and] 

Ordered That, the Petitioner Serve Benj* Haws, Esq'' with a Copy 
of this Petition In Order to his Giving answer, thereto on the First 
Tuesday of the Next fall Sessions. [Passed August 14. 



CHAPTER 154. 

RESOLVE FOR TROOPERS CARRY" EXPRESSES. 



Whereas ofttimes when the Captani Generals Orders, for the de- Legislative 

" "TOf t 

,xi., 



taching of men in the Countreys Service Reach the Collpnells or Cheif councif,"**'^*' 
officers of the Regiments, Several of the Captains & other officers to ^^ 



whom the Severall Collonells are obliged to Send Warrants to Impress House Jonr- 
their Quota of men, living at So a Great a distance, from the Coll' That province 
the Orders Cannot be Seasonably dispatched without Great Charge to }'u^^\^}-'Jp 
the Province, And in as Much as the Troopers of the Several Regiments, ^ '^^^' ' 
are Freed from Impresses, & other Military dutys, that the Foot Com- 
panys are obliged to. 

Wherefore, 

Resolved That when the Captain General or Commander in Cheif his 
Orders Come to the Collonells or Cheif officers of the Several Regi- 
ments within this Province, Such Collonells c^c" Shall have power to 
Order & dispatch his Warrants to his Several officers, by one or more 
of the Troopers in his Regiment, and if any Trooper Shall Neglect and 
refuse Such Service when Commanded, he Shall forfeit & pay the Sum 
of Twenty Shillings, for Every Such Neglect, & be Reduced to the 
Foot Service ; Such Penalty to be Recovered, by Complaint or Infor- 
mation, of the Clerk of Such Collonell, or Cheif officer, before any of 
his Majesties Justices of the peace in the County, where Such Neg- 
lect is, The one Half to the Informer, the other Half to the Use of 
the Company, to be Employed in paying dispatches in the aforesaid 
Service. [_Passed August 14. 



CHAPTER 155. 

RESOLVE ALLOWING £5. 8 TO COLL'^ ELEAZAR TYNG. 

An Accompt presented By Coir Eleazar Tyng of Billeting Soldiers Legislative 
Impressed in his Majesties Service, Amo' to the Sum of £5. 8. Records of the 

[Read andj 390. 

Resolved that the Sum of Five pounds Eight Shillings, be allowed, House Jour- 
& paid out of the publick Treasury, to CoU"^ Eleazar Tyng in full, dis- ^^^' ^•'^' 
charge of the above Accompt. [Passed August 14. 

1 "Mr.," in the House Journal. 



214 



Province Laws (7?esoZz;es,e/c.). — 1722-23. [Chaps. 156-158.] 



CHAPTER 156. 



RESOLVE ALLOWING £4. i TO COLL« ISAAC WINSLOW. 



Legislative 
Records of the 
Council, xi., 
390. 

House Jour- 
nal, p. 9. 



An Accompt presented By, Coll" Isaac Winslow of Subsisting Sol- 
diers, & Sending out Warrants, for Impressing them Amo' to the Sum 
of £4. 4. 

[Read, And] 

Resolved, That the Sum of Four pounds & Four Shillings Be allowed 
& paid out of y* publick Treasury, to Coll" Isaac Winslow in full dis- 
charge of the within Accompt. [Passed Aicgust 14. 



CHAPTER 157. 



ORDER ON PETITION OF SEVERALL INHABITANTS OF SHEWAMET 

BE MADE A TOWN. 



TO 



Legislative 
Records of the 
Council, xi., 
391. 

House Jour- 
nal, pp. 8, 9. 
Ante, p. 59, 
Chap. 129. 



A Petition of Several of the Inhabitants of the District of Shewa- 
met. Praying that the Said District may be Either Joined to the Town 
of Swanzey, & have the Priveledge of Voting with them, as they were 
wont to do. Or that Shewamet may be made a distinct & Seperate 
Township. In the House of Representatives Read & referred to the 
fall Sessions, and that the Inhabitants of Swanzey be Served with a 
Copy thereof, as also the Other Inhabitants of Shewamett ; In 

Council ; Read & Concurr'd And that the Town of Swanzey & the 
other Inhabitants of Shewamett Give answer to this Petition (if they 
See Cause) on the Sec'' Wednesday of, the Next fall Session. 

In the House of Representatives Read & Concurr'd. \_Passed 
August 14. 



CHAPTER 158. 



ORDER ON MATTHEW PERKINS PETITION FOR POWER TO SELL LAND. 



Legislative 
Records of the 
Council, xi., 
391. 

Legislative 
Records of the 
Council, xi., 
311. House 
Journal, p. 7. 
Ante, p. 148, 
chap. 125. 



A Petition of Matthew Perkins Jun'' of Ipswich Shewing that, 
whereas, the General Court, did at their Session in March last, Give 
Liberty to the Petitioner, to bring in a Bill to Enable him to Sell a 
peice of Land belonging to his late Wife, In Order to pay debts Con- 
tracted by her Sickness, & did in answer to the Petition, of James 
Burnham, Vote that no further proceedings, should be had on the pe- 
titioners first petition. The Said Vote was pass'd without his Knowl- 
edge, and any opportunity for his defence. And therefore, praying, 
that he may be heard before the Court in order to Vindicate himself, 
from the Aspersions, Cast on him, by the Said Burnham, & to Shew 
the Reasonableness, of his Request, to be Enabled to Sell the Said 
Land, Read and 

Ordered That JM' James Burnham be Served with a Copy of this 
petition, that he maybe heard thereon (if he See Cause,) on the third 
Wednesday of the Fall Session. [^Passed August 14. 



[2d Sess.] Province Laavs (Hesolves, etc.). — 1722-23. 215 

CHAPTER 159. 

RESOLVE ALLOWING £9. 10 TO COLL*^ JOHN APPLETON. 

An Accojipt presented, by Coll" John Appleton of Subsisting Sol- ^fof^f^f the 
diers, in his Majesties Service, Amo' to the Sum of £9. 10/. Council, xi., 

[Read, and] ^-^ 

Besolved, That the Sum of Nine pounds Ten Shillings, be allowed na°i"p! 9*^""^" 
& paid out of the publick Treasury, to, Coll" John Appleton in full 
discharge of the. Within Accompt. [^Passed August 14. 



CHAPTER 160. 

ORDER FOR PROVIDING WAR LIKE STORES. 



Voted, 

That JV'F Treasurer Allen, be directed to take up three Large Sloops, Legislative 
for the Transportation of the Forces & Stores for the designed Expe- councfr, xlf *^ 
dition and that he provide Two Dozen of Good Axes, One hundred & ^ 



fifty Hand Granadoes, Two Cohorn Mortars, with a Sufficient Number Legislative 
of Shells, If to be had. Six Great Guns of about Six hundred Wieght co'um'if, xi./*^ 
Each, for the Service of the Expedition; and that Five hundred pair |^5' |sL' 't*;?,' ^^*' 
of Snow Shoes, & Moggasius be Seasonably provided for the Forces /»yVa, ciiap". 
for the Winter Season and that his Exellency the Gov' be desired to ^^^' 
Issue out his Orders Accordingly. [^Passed August 16.^ 



CHAPTER 161. 

VOTE ACCEPTING REPORT OF THE COMMITTEE ON INDENT OF STORES 
FOR THE EXPEDITION. 

An Indent of Stores requisite for the Forces being presented, by Legislative 
the Treasurer, The Committee for the War made the Following Re- councn.xi.f^ 
port thereon. Viz' The Committee for prosecuting the War are 393. 

of opinion that the Abovewritten, Stores^ are Necessary to be Sent House Jour- 
to the Forces Eastward forthwith and that A Chaplain «& Surgeon, be ^supra,%iap. 
also prepared to attend the aforesaid Forces, i^*^- ^"^^^' 

Jn^ Wheelwright by order of the Committee. 

Read & Accepted. [Passed August 16. 



CHAPTER 162. 

VOTE ACCEPTING REPORT OF THE COMMITTEE FOR PROSECUTING THE 

WAR. 

The Committee for Prosecuting the War are further Humbly of J^^gisiative 

RGCOrClS 01 tll6 

opinion, That it will be for his Majesties Service, & the Security of council, xi., 

the Eastern Frontiers, & tend to put a more Speedy and SuccesfuU '^ 

End to the War, That Four hundred of the most able Bodied men, f'^^"' ci^ap. 



161. 



• No such vote appears in the House JournaL 
' The " indent of stores " has not been found. 



216 



Province Laavs {Resolves, etc.). — 1722-23. [Chaps. 163-165.] 



of the Forces, in these parts be kept Constantly March^ by Land & 
Water in the Enemys Country, more Especially upon the River Ken- 
nebeck, Penobscot & the parts adjacent. Unless Employed on Some 
Special Expedition, against any Certain place Tribe or Body of the 
Enemy; And, Therefore, That one hundred more Good Effec- 

tive men, be forthwith Sent into the County of York, for a Guard & 
Security unto the Frontier Towns, there. To be posted with the other 
Forces already assigned, for that Service, at the Following places, and 
their Number will be as hereafter Enumerated, At Berwick Thirty 
Five, Kittery Ten, York Twenty Five, Wells, Forty, Arandel, Twenty 
Biddeford Twenty, Black point Twenty, Spurwinck, Nine, Papooduck 
Eight, North Yarmouth Twenty, Falmouth Twenty Four, New Casco 
Six Maquoit Ten, Richmond, Twenty Five, Arowsick ; Twenty Five, 
The Stone House at Small Point, Fifteen, And that the Towns of 
York, Kittery, Wells, & Berwick be allowed Ten men, belonging to 
those Towns be Employed as Pilotts, & Scouts ; And that his Exel- 
lency the Gov"^ be desired to Issue out his Orders for the Speedy 
effecting the Same, 

Jn** Wheelwright p'' Order of the Committee^ 
Read & Accepted. \_Passed August 16. 



CHAPTER 163. 



RESOLVE ALLOWING £1. 10 TO COLL^ JOHN OTIS. 



Legislative 
Records of the 
Council, xi., 
396. 

House Jour- 
nal, p. 11. 



An Accompt presented by ColF John Otis, for Expence in Impress- 
ing Soldiers & in Expresses, Amounting to the Sum of £3. 10/. 

[Read, And] 

Resolved, That the Sum of One pound Ten Shillings be allowed & 
paid out of the publick Treasury to, Coll : John Otis in full to dis- 
charge the Said Accompt. \_Passed August 16. 



CHAPTER 164. 



VOTE ALLOWING THE COUNTY TREASURER OF MIDDLESEX HIS ACCO^. 



Legislative 
Records of the 
Council, xi., 
396. 

House Jour- 
nal, p. 4. 



An Accompt, presented, by, M"" Daniel Russell, Treasurer of the 
County of Middlesex, for the Year 1721, which having been Exam- 
ined by the Court of General Sessions of the peace for that County 
«fe by them allowed. 

Read & allowed. \_Passed August 17. 



CHAPTER 165. 



VOTE RESPECTING ELISHA SEARLES. 



RecOTds^ofthe Whereas Elisha Searles, was Some time last War, taken from his 
Council, xi., fathers House, in the County of Hampshire, by the Indian Enemy & 

• Several reports of this committee on the prosecution of the war are referred to in the 
House Journal, but not this one. See House Journal, August 11, p. 6; ibid., August \'6, 
p. 7; ibid., August 15, p. 10. 



[2d Sess.] FuoYmcE 1^\^\s (Besolves, etc.). — 1722-23. 217 

Carried Captive to Canada, Where he hath remained Ever Since and ^^Tif 13."'^" 
is now Come into this Province 

Voted that the Sum of Ten pounds be allowed & paid out of the 
publick Treasury to Engage hiiu to abide here, & not to return to 
Canada to the French, and that his Exeilency be desired to retain 
him in the publick Service, of this Government, as a Sergeant, at the 
Garrison of Deertield, or Northfield. {^Passed August 17. 



CHAPTER 166. 

VOTE FOR FITTING OUT TWO SHALLOPS AGAINST THE INDIANS. 

Information being Given, That Several Fishing Vessells belonging Legislative 
to this Province, have been lately taken by the Indians on the Coast of couuc^if, xi., ^ 
Cape Sables, & Several of their men made Prisoners and Cap' Dunell 3!J8. 



proposing in Case two Shallops be fitted out by the Government, to House Jour, 
man & Victual! them, & Supply the men with ammunition (without °' 'P" 
further Charge to this Province) out of his Majesties Ship Sea Horse, 
in Order to recover, the Said Vessells & men, 

Ordered^ That Two Suitable Shallops be forthwith taken up for that 
Service, and that his Exeilency be desired to Give out his Orders Ac- 
cordingly. \_Passed August 18. 



CHAPTER 167. 

RESOLVE ALLOWING £240. Ifi TO DISCHARGE AN ACCOMPT OF STORES 
& PROVISIONS FOR THE SHIP FLYING HORSE. VOTE FOR DEMAND- 
ING THE STORES OF THE SHIP FLYING HORSE. 

An Accompt of Sundry Stores & provisions for the Ship Flying Legislative 
Horse, Peter Papillon Captain, lately taken up for the Service against councif x^*^^ 
the Pirates, Amo' to the Sum of £240. 16/. 398. 

[Read and] House Jour. 

Resolved That the Sum of Two hundred & Forty pounds Sixteen ^'l^iJe^p. is's, 
Shillings be allowed & paid out of y** publick Treasury, for the Sev- ^^^v- 79. 
eral Merchants & Tradesmens Accompts, mentioned in the Within Bill 
in full discharge of the Said Sum, And, 

Voted That the Committee appointed, to fitt out the Ship Flying 
Horse, for the Service of the Province be directed & Impowered to 
demand Receive, «fe recover from Cap' Peter Papillon, the Stores & 
furniture, advanced for fitt" out the Ship Flying Horse, on the late 
Expedition, & to Return the Same into the Treasury. \_Passed Au- 
gust 18. 



CHAPTER 168. 

RESOLVE ALLOWING £7. 12 TO COLL^ ELEAZAR FLAGG. 

An Accompt presented, by Lieu' Coll : Eleazar Flagg, for Subsist- ^?'®|f**^|ti- 
ing Soldiers Impressed in his Majesties Service, & Indians, Amount- council, xi., 
ing to, £7. 12. l^i^ , 

[Read, and] ^a^p'ie.'^' 



218 



Province Laws (i?eso/i;es,e^c.). — 1722-23. [Chaps. 169-171.] 



Resolved That the Sum of Seven pounds & Twelve Shillings be 
allowed & paid out of the publick Treasury, to Coll : Eleazar Flagg 
in full discharge, of the within Accompt. [^Passed August 18. 



CHAPTER 169. 



Legislative 
Records of tlie 
Council, xi., 
402. 

House Jour- 
nal, p. 16. 



RESOLVE ALLOWING £4. 10 TO COLL: JOSEPH BUCKMINSTER. 

An Accompt presented by Coll : Joseph Buckminster of Expresses & 
Subsisting Soldiers in July last, Amo* to the Sum of £4. 10/. 

[Read, and] 

Resolved that the. Sum of Four pounds & Ten Shillings be allowed 
& paid out of the publick Treasury to ColF Joseph Buckminster, in 
full discharge, of the above Accompt. {^Passed August 18. 



CHAPTER 170 



Legislative 
Records of the 
Council, xi., 
402. 

House Jour- 
nal, p. 15. 



RESOLVE ALLOWING £8. 14. 10 TO RICHARD HALL. 

An Accompt presented, by Richard Hall of ^Entertainment of Com- 
mittees of both Houses, in this Session Amo' to the Sum of £8. 14. 10. 

[Read, and] 

Resolved, That the Sum of Eight pounds Fourteen Shillings^ & Ten 
pence, be allow'd & paid out of y*^ publick Treasury to M"" Richard 
Hall, in full discharge of the Said accompt. [^Passed August 18. 



Legislative 
Records of the 
Council, xi., 
402. 

House Jour- 
nal, p. 13. 



CHAPTER 171. 

VOTE ON MEMORIAL OF JOHN LEVERETT ESQ" &c^ RESPECTING THE 
BLOCK HOUSE AT S^ GEORGES. 

A Memorial of John Leverett Esq'' & his Associates, Proprietors of 
the Lands on Each Side of S' Georges, River, Shew" that they having 
formed, a Company & projected the Settlement, of Several Towns, on 
the Said Lands have in order to Secure their Stores, & Cover the 
Inhabitants, Erected at a very Considerable Charge a Capacious & 
defensible House with a Block House, at the Shore, for the Security 
of Landing with a Large Area, between the Said Houses, Pallisadoed 
& Cap-able of Receiving (if need be) Two hundred & fifty men which 
Houses, would be a very Great Curb, to the Norridgewock & Penob- 
scot Indians, & have therefore been lately attacked by them, & the 
Indians Repulsed, and proposing that this Government, should take 
tlie Said fortified. Houses, into their own hands, as a place of Great 
Importance, for Carrying on the Warr. 

Upon Reading the above IMemorial, 

Voted That his Exellency be desired to Give his Orders for the 
posting Twenty Five men. Including the Twenty men already there, 
under the Command of an officer in Lieutenants pay, for the defence 
of the Said House Untill the Session of this Court in May next. 
\^Passed August 18. 

I According to Executive Records of the Council, vii., 393, thirteen shillings. 



[2d Sess.] Province Laws (Besolves, etc.). — 1722-23. 219 

CHAPTER 172. 

VOTE FOR IMPOWERING CP^ WILL'^ THROOP TO COLLECT EXCISE. 

Resolved., That Cap' William Throop late Commissu'' of E^xcise for Legislative 
the County of BiistoU, be autliorized & Impowered to Sue for the Ex- coum-*if,xlf ^ 

cise, that remains due to the Province ; during his Continuance in that ^^ 

office, Notwithstanding his time is now Expired. \_Passed August 18. House Jour- 



CHAPTER 173. 

RESOLVE ALLOWING £10 TO COLL: JOHN OTIS. 

An Accomft presented by Coll : John Otis, of Billeting Soldiers, in Legislative 
his Majesties Service, Amo' to the Sum of £10. Self xi ^""^ 

[Read, and] 403. 

Resolved, That the Sum of Ten pounds be allowed & paid out of the House Jour- 
pnblick Treasury, to, Coll" John Otis in full, Discharge of the Said "^ • p- 
Accompt. [^Passed August 18. 



220 



Province LAWs(i?eso/ye-s, e^c). — 1722-23. [Chaps. 174, 175.} 



Legislative 
Records of the 
Council, xi., 

407. 

House Jour- 
nal, p. 3. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston^ 
ON THE Fifteenth Day of November, A.D. 1722. 



CHAPTER 174. 

ORDER GRANTING JEREMIAH BELCHERS PETITION FOR LAYING OUT 

LAND. 

A Petition of Jeremiah Belcher, Shewhig that the General Court of 
the late Colony of the Massachusets did for divers Good Considera- 
tions, Give & Grant to his Father, Jeremiah Belcher, in the Year 1659 
three Hundred Acres of Land, to be laid out So, as that it might be 
no prejudice to any place, that was otherwise fit for a plantation, But 
adjoyuing to some Plantation or other, that by reason of the Indian 
War, the Petitioners Father Neglected to take up the Said Land, & 
the Petitioner not knowing of the Said Grant, till very lately, has done 
nothing therein, and praying that he may be now allowed to lay out & 
Survey Three Hundred Acres of Land in Some Free place, and Return 
the Piatt, thereof to this Court, for their Confirmation 

Read & 

Ordered That the Prayer of this Petition be Granted. [^Passed Novem- 
ber 17, 



CHAPTER 175. 



Legislative 
Ri'C(jr(ls of the 
Council, xi., 
408. 

House .Jour- 
nal, p. 6. 
Ante, }). 207, 
chap. 134. 



ORDER FOR A NEW PRECINCT IN AVEYMOtJTH. 

# 

A Petition of the South part of the Town of Weymouth, praying 
that they may be Sett off a distinct and Seperate Precinct, and that 
the Bound Line, between them & the other part of the Town of Wey- 
mouth, may be according as was proposed, by a Committee of the 
General Court. 

In Council, Read & 

Ordered, That the Petitioners, be Sett off a distinct «& Seperate Pre- 
cinct, and have the Powers & Priveledges, allowed by Law to Precincts, 
& that the Divisional Line begin at the Borders of Hingham & Run by 
Lieu' Enoch Lovells Land, & So a Little Southward of John Blanchards 
Land, adjoining to the Middle Road, & So Continuing to Brantry through 
a peice of Common Land, between the Lands of Lieu' Joseph Nash & 
Zechariah Gurney, Provided that Joseph Beat, & Samuel Ward & their 
Families & Estates be Taxed to the North Precinct, if they Continue 
to desire it, Provided also, that the Town of Weymouth do not at Some 
time before the Sessions of this Court in May Next, agree upon having 
one Meeting House for the whole Town & to be placed in Such part 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 221 

of the Said Town as Shall be Judged most Convenient, by a Committee 
of the General Court, to be appointed for that purpose. 

In the House of Representatives ; Read & Concurr'd The Charge of 
the Committee to be born by the whole Town. 

In Council; Read & Concurr'd. \_Passed November 20. 



CHAPTER 176. 

TOTE ACCEPTING THE REPORT OF THE COMMITTEE, AS TO THE AFFAIR 
OF WATERTOWN & M^ STURGEON. 

The Report of the Committee on the affair of Watertown meeting Legislative 
House was read & accepted in Council &, Concurred by the Represent- councff xi.*'^*^ 
atives, with amendments, and as Amended is as follows, Viz' Pursu- ^Qg- 

ant to the Order of the General Court, at their Session in May last. The House Jour- 
Committee Repaired to Watertown, the Twenty Seventh of July follow- ^ntF,'\^'.\m, 
ing, having Cited, both partys, petitioning, together with M'' Robert chap'. 99. 
Sturgeon to appear at the Time & place of Meeting, AVhen & where 
they that St^'le themselves Proprietors of the Middle Meeting House, 
laid before us a Memorial asserting the Same, 

Having heard & Considered what both partys have to Say, the Com- 
mittee are humbly of opinion, That in as much as there is a Commo- 
dious Meeting House, newly Erected and finished in the Westerly part 
of Watertown, Instead, of the Said Middle Meeting House, agreeable 
to the Order of the General Court in Nov'' 1720, That the afoi-esaid 
Middle Meeting House be demolished, within the Space of Six Weeks, 
& In Case of Neglect thereof That the Sherriff of the County of Mid- 
dlesex, be directed & Impowered Conveniently to Effect, the Same, & 
pay himself out of the Timber & other Materials, And for as much 

as it would tend to Restore peace & Good Agreement in the Town of 
Watertown, To have the Eastern Meeting House Speedily removed to, 
or a New Meeting House built in the Said Town, at School Hill, ac- 
cording to the advice of the Council of Churches Febr^ 17"" 1721/2, 
The Committee therefore are humbly of opinion, that it be therefore 
accomplished within the Space of Twelve months, at Furthest ; As to 
M"" Robert Sturgeon he Exhibited, in writing under his hand, his Rea- 
sons, why he was Ordained at Boston, & afterwards Installed at Water- 
town in the way & manner he was, &, why he Continues to preach there, 
which reasons are in our opinion altogether Insufficient to Justif}" his 
Extrodinary proceedings, which if Continued would Inevitably promote 
the Ruin & Subversion of these Churches, & Whereas the Said M"" Stur- 
geon in defence^ of Two Councils of Churches, & in Contempt of the 
order of the General Court, is So hardy as to go on to disturb, the Town, 
in preaching there, The Committee are of opinion. That the Attorney 
General be directed to prosecute the Said Sturgeon for this his Contempt 
of the Said order of the General Court, at the next Court of the Gen- 
eral Sessions of the peace for the County of Middlesex, to be held at 
Charlestown, &, at other Courts as there may be occasion, all ; which is 
Submitted, 

Samuel Sewall in the Name of the Committee. 
\_Passed November 20. 

* Sic, for (it seems) defiance. 



222 



Pkovince Laws (i?eso/?;es,e^c.). — 1722-23. [Chaps. 177-180.] 



CHAPTER 177. 



RESOLVE ALLOWING £75 TO COLL" JOHN SCHUYLER. 



Legislative 
Records of tlie 
Council, xi., 
409. 

House Jour- 
nal, p. 6. 



A Petition of Coll : John Schuyler of Albauy, Shewing that he 
Expended, about Fifty pounds in New York money in the Year 1713, 
in Redeeming Several Captives, belonging to this Province, out of 
the Hands of the French, & Indians, & in Supporting them in their 
return home, & praying a proper Consideration & allowance for the 
Same. Read & 

Resolved, That the Sum of Seventy Five pounds be allowed & paid 
out of the publick Treasury, to Coll : John Schyler in answer to the 
within petition. \_Passed November 20. 



CHAPTER 178. 



RESOLVE ALLOWING £5. 1. 6 TO ISRAEL TUPPER. 



Legislative 
Records of the 
Council, xi., 
409. 

House .Jour- 
nal, p. 5. 
Ante, p. 209, 
chap. 140. 



An Accompt presented by Israel Tupperof Time & Expence, in tak- 
ing up Whale Boats, for the Government, Amo' to £5. 1. 6. 

[Read and] 

Jiesolve'l, That the Sum of Five pounds, one Shilling & Six pence 
be allowed & paid out of the publick Treasury, to M'' Israel Tupper 
in full discharge of the within Accompt. \_Passed November 20. 



Legislative 
Records of the 
Council, xi., 
411. 

Legislative 
Records of the 
Council, xi., 
404. House 
Journal, p. 9. 



CHAPTER 179. 

RESOLVE FOR A PRESENT TO COLL: JOHN SCHUYLER. 

In Consideration, of the past Good offices done this Government By 
Coll : John Schuyler of Albany, & his late Voyage Eastward with the 
Delegates of the Six Nations ; By which he has demonstrated his Intent 
to promote the Good of this Province, in an affair of that Importance. 

Resolved., That the Sum of Seventy Five pounds be allowed & paid 
out of the publick Treasury to the Said Coll : John Schuyler. \_Passed 
November 21. 



CHAPTER 180. 



ORDER CONTINUING THE HEARING ON BILLINGSGATE PETITION. 



Legislative 
Records of the 
Council, xi., 
412. 

House Jour, 
nal, p. 9. 
Ante, p. 173, 
chap. 43. 



"Whereas this day was appointed for a hearing on y^ Billingsgate 
petition, and the Agent for the Said Town not being arrived. 

Ordered, that the Said Hearing be deferr'd to Fryday next, the Said 
agent being misinformed of the time of Hearing. [Passed Novem- 
ber 21. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 223 



CHAPTER 181. 

RESOLVE ALLOWING £69. 13. 2 TO JONATHAN DOWSE AND W^ILLIAM 
CLARKE TO DISCHARGE ACCOMrT OF BUILDING CASTLE BARGE. 



An Accojipt presented by the Committee, of the Charge of Building Legislative 
Fitting n Barge for Castle William, Amo' to the Sum of £69. 13. 2. couueu xV 
[Read and] 4i2. 



Resolved^ That the Sum of Sixty Nine pounds Thirteen Shillings & House Jour- 
2** be allowed & paid out of the publick Treasury to Jonathan Dowse ynte,'\).'2m. 
Esq'' & M' William Clarke, to discharge the Said accompt. [_Passed ^iiap. 138. 
November 21 . 



CHAPTER 182. 

RESOLVE ALLOWING £29. 3 TO COLL: ^AM}-^ BROWN. 

An Accompt presented by Coll° Samuel Brown of the Subsistence Legislative 
of Soldiers Impressed into his Majesties Service, Amo' to £29. 3. coundf xi.*^^ 

[Read and] 4i2. 

Resolv'^ That the Sum of Twenty Nine pounds & Three Shillings be House Jour- 
allowed & paid out of the Publick Treasury to Coll : Samuel Brown in ^^^' ^' ^' 
full discharge of the Said Accompt. \_Passed November 21. 



CHAPTER 183. 

VOTE ALLOWING THE COUNTY TREASURER OF ESSEX HIS ACCO^. 

An Accompt of John Appleton Esq'' Treasurer for the County of r'^^**'!*^'^* y, 
Essex, for the last Year,. having been Inspected by the Court of Gen- couucif, xi., 
eral Sessions of the peace for the Said County, & by them, allowed & ^}h 

approved. naT^^io*^'' 

Read & allowed. \_Passed November 21. > • • 



CHAPTER 184. 

ORDER FOR SEND« TO THE GOV« OF NEW YORK. 

Ordered That a Letter be prepared by this Court, & dispatched to Legislative 
Gov' Burnett, Informing him, that the Delegates of the Six Nations counc*if, ^i.!^® 
have assured this Government, that their Tribes (if desired) will Come ^"^- 
& treat with this Government, Respecting the War Wee have been Legislative 
forced into against the Eastern Indians, which if Accomodated may coum-'if, xl!^^ 
tend to promote the peace & Welfare of his Majesties Loyal Subjects !'?^'/'^^\{P' 
the Inhabitants of this Province, This being a Matter of So General House' Joiir- 
Concern to the Crown of Great Britain, No Doubt Can be made of his f^l' \^- ^•^' 
Ready & Generous Endeavour to attain the Same, and that he would 
be pleased by the First opportunity to Signify his Resolution in this 
affair, \_Passed November 22. 



224 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 185-188.] 



CHAPTER 185. 



RESOLVE ALLOWING £9. 13 TO COLL: JOHN CHANDLER. 



Legislative 
Records of the 
Council, xi., 
414. 

House Jour- 
nal, p. 11. 



An Accompt presented by Coll : John Chandler of Subsisting Sol- 
diers in his Majesties Service, Amo' to the Sum of £9. 13. 

Read & 

Resolved That the Sum of Nine pounds & Thirteen Shillings be 
allowed & paid out of y*^ publiek Treasury to Coll : John Chandler, in 
full discharge of the Said accompt. \_Passed November 22. 



CHAPTER 186. 



Legislative 
Records of the 
Council, xi., 
414. 

House Jour- 
nal, p. 9. 



RESOLVE ALLOWING £30 TO LAWRENCE CLAUSE, INTERPRETER. 

Resolved 

That the Sum of Thirty pounds be allowed & paid out of the pub- 
lick Treasury to M^ Lawrence Clause,^ as Interpreter to the Delegates 
of the Six Nations. [^Passed November 22. 



Legislative 
Rec'ords of the 
Council, xi., 
415. 

Legislative 
Records of the 
Council, xi., 
404. House 
Journal, p. 11. 



CHAPTER 187. 



RESOLVE ALLOWING £10 TO LIEU'^ JOSEPH KELLOG. 

Resolved That the Sum of Ten pounds be allowed & paid out of the 
Publiek Treasury, to M"" Joseph Kellog for his attendance on the Dele- 
gates of the Six Nations in their Voyage to the Eastward. \^Passed 
November 22. 



CHAPTER 188. 



ORDER ON Y^ PETITION OF JOSEPH MARBLE &c^ OF SUDBURY TO BE 

SET OFF TO STOW. 



Legislative 
Records of the 
Council, xi., 
416. 

House Jour- 
nal, p. 13. 
Ante, p. 179, 
chap, 62. 



The PETITION of Joseph Marble, & others. Inhabitants of Sudbury 
on the North Side of Stow River, (as Entered June 25"' 1722) with the 
answer of the Town of Sudbury thereto, were read and the Following 
Vote pass'd thereon. Viz' 

Ordered., That the Prayer of this Petition be Granted, Saving only, 
that the Petitioners & their Estates within the Town of Sudbury Shall 
be Liable to be Taxed towards the Building of the Church, or meeting 
House, to be Erected in the AVest part of the Said Town. \_Passed 
November 24. 

1 In the House Journal, " Clois." 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 225 

CIIAPTEE 189. 

VOTE FOR ENLARGING ABRAHAM (INDIAN) & HIS FAMILY. 

Whereas Hendrick De AVitt, & the Other Delegates of the Six Na- Legislative 
tions, Tak^ Leave of the General Court, Shewed some Concern, That councii'jxi^'^^ 

their. Request for the Enlargement of Abraham & Family, was not ^^ 

Granted unto them, for whose Good & peaceable Behaviour for the Legislative 
future, they had Engaged, & being desirous there sho*^ be no Uneasi- oouncif, xi., ^ 
ness, in the Said Delegates, & to Cultivate an Entire & hearty Under- jo^riaj' ""is^^ 
standing between them & us, & to Engage them in our Interest. 

Resolved That the Said Abraham & Family be Sett free, & deliv- 
ered to the Said Hendrick and Delegates, and wee Shall look on them 
his Suretys, for his Good Behaviour, «fe Carriage towards the Inhabi- 
tants of this Province. \_Passed November 26. 



CHAPTER 190. 

ORDER ON ISAAC COOLEDGE & JOSEPH EPHRAIM &c'^ PETITION. 

A Petition of Isaac Cooledge of Sherburne & Joseph, Ephraim, An- Legislative 
drew Ephraim, & John Ephraim, Broth" of Simon Ephraim, (Indian) counctf xi.**^^ 
late of Natick, Dec*^ Shewing that the said Simon Ephraim had Erected 4i8. 
a Frame of a Large House, on a Lot of Land, belonging to him, which House Jour- 
Lot does not Lye Commodiously for any of his Brethren, & the Frame ^^^' ^'' ^'' 
of the House will be of no Use to them, & therefore praying that Liberty 
may be Given to the Petitioner Isaac Cooledge to purchase the Said 
Land, & Frame, That So the Petitioners may have Something to lay 
out for Cattle, & other Things Necessary 

Read & 

Ordered, That the prayer of the Petition be Granted, Provided it be 
apprized bj^ three men, upon Oath, & the Money paid into the Hands, 
of Maj^ Fulham, M' Hopestill Brown, & M' AV" Dudley, To be Im- 
proved according to the Petition. [Passed November 26. 



CHAPTER 191. 

ORDER ON PETITION OF DAVID HANES &c^ A COMMITTEE FOR WEST 
SUDBURY IN REGARD TO A MEETING HOUSE. 

A PETITION of David Hanes, Daniel Estabrook, & John Haynes, a Con- Legislative 
mittee for the West precinct in Sudbury, Shewing That Notwithstand- councif xl*^^ 
ing the Order of the General Assembly, That the Charge of Building 4i9. 
a Meeting House in the Said Precinct, shall be born by the whole Town, House Jour- 
The Inhabitants of the Said Town have refused to raise a Tax, for the ^Inul'^^^QQ 
defreying of that Charge, And therefore praying that this Court would chap'. 23. 
relieve them under that Greivance. 

Read «fc 

Ordered, That a^ Meeting House be Erected, Built & finished at a 
place Called Rocky Plain, in the AVest Precinct in Sudbury, according 
to the Order of this Court, & that a Sum Not Less than Three Hundred 
& Fifty pounds, nor Exceeding Five hundred pounds be raised by & 

' The House Journal inserts the word "New." 



226 Province Laws {Resolves, etc. ) . — 1722-23. [Chaps. 192-195.] 

assesed on the Town of Sudbury, for defreying the Charges thereof, 
and that, the old Meeting House be likewise ^ repaired at the Charge 
of the Whole Town, and that the Ministers on both Sides the River, 
be maintained & Supported by a Town Tax. [^Passed November 27. 



CHAPTER 192. 



RESOLVE ALLOWING £6. 8. 6 TO COLL: JOHN APPLETON. 



Legislative 
Records of the 
Council, xi., 
420. 

House Jour, 
nal, p. 16. 



An Accompt Pi-esented, by Coll° John Appleton of Billeting Soldiers 
Impressed in his Majesties Service amo' to the Sum of £6. 8. 6. 

[Read and] 

Resolved^ That the Sum of Six pounds. Eight Shillings & Six pence 
be allowed & paid out of the Publick Treasury to Coll : John Apple- 
ton in full of the Said Accompt. [_Passed November 27. 



Legislative 
Records of the 
Council, xi., 
420. 

House Jour- 
nal, p. 16. 



CHAPTER 193. 

RESOLVE -ALLOWING £2 TO COLL: ISAAC WINSLOW. 

An Accompt Presented by Coll : Isaac Winslow of Billeting Soldiers, 
Impressed into his Majesties Service, Amo' to the Sum of £2. 

[Read and] 

Resolv''- 

That, the Sum of Two pounds be allowed & paid out of the Pub- 
lick Treasury to. Coll : Isaac Winslow to discharge the Said Accompt. 
[_Passed November 27. 



CHAPTER 194. 



ORDER APPOINTING A COMMITTEE ON BILLINGSGATE PETITION. 



Legislative 
Records of the 
Council, xi., 
420. 

House Jour 
nal, p. 17. 
Ante, p. 222, 
chap. 180. 



In Council, 

Ordered., That John Cushing Esq'' with Such, as the Honb'^ House 
of Representatives, shall appoint be a Committee, to repair to East- 
ham, & Billingsgate & report to this Court at their Session in May 
Next, what may be proper to be done, as to the Making Billingsgate 
a Precinct or Town. In the House of Representatives, Read &, 

Concurr'd and that M' John Dyer, & M"" Israel Tupper, be added to 
the Committee, the Charge of the Committee to be born, by the In- 
habitants of Billingsgate. 

In Council, Read & Concurred. \_Passed November 27. 



CHAPTER 195. 

VOTE FOR SURVEYING PROVINCE LANDS NEAR DORCHESTER. 



Rword"of the Whereas Samuel Thaxter Robert Spurr & John Qnincy Esq" were 
Council, xi., appointed, a Committee of this Court, to Sell a Tract of Land, Lying 



» The House Journal inserts, "well and sufficiently." 



[3d Sess.] Province Laws (i?e.so/ye.s, e^c). — 1722-23. 227 

adjaceut to the Town of Dorchester, and were in a very rude manner House Jour. 
Interrupted in the Work of Surveying and Running the Lines thereof; yinte*, p. 50, 
Ordered, That the above Committee be appointed by this Court, to *^^j^^- ^^?j^'' 
run the Said Lines again, and if they find any persons have Got into p! icV, chap. 25. 
possesion, of the Premises, that they ' report the Same to this Court, 
That So the attorney General bring forward a proper Writt in y" Law 
to Eject all Such. [Passed November 28. 



CHAPTER 196. 

RESOLVE ALLOWING £1. 10 TO COLL: WILL^** DUDLEY. 

An Accompt presented, by Coll : William Dudley, of the Subsistance Legislative 
of Soldiers, Impress'd in his Majesties Service,, amo' to Thirty Shillings, counctf xf **** 

[Read and] 423. 

Resolved- That the Sum of one pounds^ & Ten Shillings, be allowed House Jour- 
& paid out of the publick Treasury, in full Discharge of the Said Ac- ^^ ' ^^' ^^' 
compt. [Passed November 29. 



CHAPTER 197. 

ORDER ON PETITION OF ¥>= ENGLISH INHABITANTS OF PUNCAPAUG FOR 
CONFIRMATION OF INDIAN LEASES. 

A Petition of Hezekiah Squaumaug & others Indian proprietors Legislative 
of the Plantation of Puncapaug pray^ that they may have Liberty to councff xV*** 
make Grants & Conveyances of Some of their Lands to their English 424. 
Neighbours and that this Court would appoint a Committee to go to House Jour- 
the Said place in Order to Regulate Several things that are amiss °''*'' ^'" ^^' 
among them. And, A Petition of Joseph Tucker, & others 

English Inhabitants of Puncapaug, praying that, the Leases they have 
taken, of Indian Proprietors, may be Confirmed to them, to the End 
of the Term for which they were Given and, that they may have Lib- 
erty Granted them, by an order of this Court, to purchase the Rever- 
sions of the Said Lands of the Said Indian Proprietors. 
In Council, 

Ordered, That Samuel Sewall & Sam" Thaxter Esq" be a Committee, 
with Such as the Honb'*' House Shall Appoint, to Examine as well the 
Complaints, & Petitions of the, English & Indians at Puncapaug as the 
Leases* and Report what may be proper to be done thereupon to this 
Court. In the House of Representatives, Read & Concurred, & 

M'' Isaiah Tay, M'' Ebenezer Stone, & John Quincey, Esq" are added 
to them the Charge of the Committee to be born by the English, Peti- 
tioners. 

la Council, Read & Concurred. [Passed November 30. 

• From this word on the House Journal reads, " direct the Attorney General to bring 
a Writt of Trespass and Ejectment against all such." 
'^ The House Journal reads, " Ordered." 

•• Lessees. The House Journal adds, " of those Lands." 



228 



Frovi^cb Ijaws (Hesolves, etc.) . — 1722-23. [Chaps. 198-200.] 



Legislative 
Records of tlic 
Council, xi., 
436. 

House Jour- 
nal, p. 22. 



CHAPTER 198. 

RESOLVE ALLOWING £9. 12 TO MAJR SHUBAEL GOREHAM. 

An Accompt presented by Maj'' Shubael Gorham for Billeting Sol- 
diers, Impressed into his Majesties Service, Aiuo' to, the Sum of 
£9. 12/. 

[Read and] 

Besolved,^ That the Sum of Nine pounds, Twelve Shillings be paid 
to him, out of y*" publiek Treasury, in full of the Said Accompt. [^Passed 
December 1 . 



CHAPTER 199. 



ORDER ON THO^ SAWENS PETITION FOR PURCHASE OF MILL PRIVI- 
LEGES FROM INDIANS. 



Legislative 
Records of the 
Council, xi., 
426. 

House Jour- 
nal, p. 23. 



A Petition of Thomas Sawen, of Natick Shewing that, he did many 
years ago, by Leave of the General Court, Erect a Corn Mill, for the 
Benefitt, of the Indian Inhabitants, on a Stream, belonging to them, in 
the Said Town Which Stream, is lately So Choaked up, that the Said 
Mill can be no further Serviceable, and there being a place on Charles 
River near the Meeting House, in Natick, that Lyes Conveniently for 
a Mill, & the Stopping the Waters, there not being likely to Hurt any 
mans property. Therefore praying that Leave may be Given, him by 
this Court, to purchase of the Indians of Natick, the Priveledge of their 
Stream, & So much of their Common Land, as may be Convenient, for 
a Mill Yard, & the Spot for Erecting & Building a Saw Mill & Corn 
Mill upon, which will be for the Benefitt of the Said place. In the 
House of Representatives^ Read & 

Ordered,, That, Spencer, Phips Esq'' with Such as the Honb'® 

House Shall appoint be a Committee, to View the place proposed, in 
the within petition, & make report to this Court, if the prayer thereof 
may be Granted, without Damnifying the, Property of particular per- 
sons, or obstructing the passage of the Fish in the Said River, The 
Charge to be born by the petitioner. In the House of Representa- 

tives Read & Concurred, & 

Ordered^ That M" Francis Fulham & M'' Ebenezer Stone be added to 
hira.^ \_Passed December 3. 



CHAPTER 200 



ORDER ON PETITION OF SHUBAEL GOREHAM ESQ^ PRAYING RELIEF 
FOR DAMAGE CAUSED BY A WATER MILL. 



Legislative 
Records of the 
Council, xi., 
427. 

House Jour- 
nal, p. 24. 



A Petition, of Shubael Goi-eham Esq'' Shewing that at the last Court 
of General Sessions of the peace, for the County of Barnstable, he pre- 
ferred his, Petition to the Justices of the Said Court, Setting forth that, 
whereas Elisha Parker and Jonathan Ilallett had Erected a Water Mill, 
above a Pond of Water, adjoyning to the Petitioners Land, the Pond was 

' In the House Journal, " Ordered.^' 

* Sic, for "In Council," as the order itself shows. See also the House Journal, where 
the order is " Sent down for Concurrence." 

3 Sic, for "the Committee," as in the House Journal. 



[3i) Sess.] Province Laws (i?e.wZye.s, e^c). — 1722-23. 229 

so raised, that it overflowed his Said Laud, to his great Damage & pray- 
ing the relief which the LaAV directs, and altliough the Law is Express, 
that iu the petitioners Case, relief shall be had, by a Warrant from, the 
Sessions, to Summon a Jury, Yet the Said Court denied Relief to the 
Petitioner and therefore praying, that this Court, would in their Wisdom, 
provide him a Suflicient Remedy. 

[Read and] 

Ordered that the Justices, in the Next^ General Sessions of the peace 
for the County of Barnstable, be and hereby are directed to appoint 
a Jury in the Usual Method, of Twelve Good & Lawful! Men, of that 
County to go on the Land damnified, by the overflowing. Caused by the 
Mill Dam Mentioned iu the petition, & thereby^ their oath to be admin- 
istred to them by a Justice of the peace. Apprize the damage accruing 
to^ the Owner of the over Flowed Land, & that the Value thereof, with 
Costs, be awarded according to. Law, any Custom, Usage, or practice 
to the Contrary notwithstanding. \^Passed December 4. 



CHAPTER 201. 

RESOLVE ON JACOB SEEKNOUTS PETITION IN REGARD TO AFFAIRS OF 

CHEBAQUEDOCK. 

Resolved, That Melatiah Bourne * Esq' & Simeon Butler be & hereby Legislative 
are Impowered & directed Jointly to act & transact all Matters, & councif, xi.!*^^ 

things relating to the Incomes & Profitts of the Island of Chebaque- ^ ^ 

dock, according to an Award or detirmiuation, made by the Ilonb''' House Jour- 
Joseph Dudley, William Taller Samuel SewalP & John Cushing Esq^ Swlel* p'. 212^^' 
thereto Authorized & Impowered ; which was ratified, & Confirmed by ^^^v- ^^• 
the General Court, Anno 17L5, and for the preventing of any abuse 
unto the Indians ; 

Ordered, That the Said Melatiah Bourne & Simeon Butler shall 
Annually & once Every year In the Month of June accompt with & 
pay in the Profitts & Rents of the Said Island of Chebaquedock,. to 
the Said Jacob Seeknout & his people & lay before this Court the 
accompt of the Issues, & profitts of the S'^ Island, in order to their 
Examiuatiuu, & approbation, & that the Said Melatiah Bourue, «S: 
Simeon Butler be directed to Call to an accompt the Heirs Execu- 
tors & administrators, of Beuj"^ Haues late Attorney to the Said 
Sachem, for the Rents profitts & Incomes of the S'^ Island of Che- 
baquedock, for the last Seven Years, which The Said Haws has Re- 
ceived, & not paid, & accompted for. \^Fassed December 4. 



CHAPTER 202. 

RESOLVE ALLOWING £30. 4. 6 TO GREEN & KNEELAND. 

An Accompt presented. By Bartholemew Green & Samuel Kneeland Legislative 
of Printing the Votes of the House of Representatives Amo' to £30. 4. 6. councif xi. 
[Read and] 1^ 



Resolved, That the Sum of Thirty pounds Four Shillings «& Six penJe House Jour. 



be allowed & paid out of the publick Treasury, to Bartholemew Greeu 
& Samuel Kneeland, \\\ full of the Said accompt. \_Passed December 5. 

' For the words " in the next," the House Journal reads, " of the." 

"^ The House Journal separates "thereby " into two words, — " there by." 

3 For *' accruing to," the House Journal reads, " warning." 

* This name does not appear in the House Journal. 

* The House Journal here inserts, " Penn Townseiid." 



nal, p. 25. 



230 



Province Laavs {Besolv&s, etc). — 1722-23. [Chaps. 203-205.] 



CHAPTEE 203. 



Legislative 
Records of the 
Council, xi., 
429. 

House Jour- 
nal, p. 7. 



ORDER ON JOHN GORE'S PETITION FOR LICENSE TO KEEP AN INN. 

A Petition of John Gore of Roxbury Setting forth that by an un- 
happy accident, he was blown up by Gun Powder, & by that means 
rendered a Cripple, and uncapable of Labouring for the Support of 
himself & Family, and therefore praying, that this Court would Grant 
them a Licence to keep an Inn in the Said Town. 

Read & 

Ordered, That the Justices of the peace for the County of Suffolk 
be directed at their Next Session, to Enquire into the Subject matter 
of this petition and be Impowered to Grant the petitioner, a Licence 
to keep a Publick House, if they Judge it proper, & Necessary,^ Any 
Law Usage or Custom to the Contrary notwithstanding. \^Passed 
December 5. 



CHAPTER 204. 



ORDER ON WM JENKS PETITION PRAYING THAT THE LINE OF MENDON 

BE RUN. 



Legislative 
Records of the 
Council, xi., 
430. 

House Jour- 
nal, p. 28. 
Ante, p. 134, 
chap. 88. 



A Petition of W"' Jenks in behalf of himself & Sundry others, of 
the Town of Providence, Praying that a Surveyour, & Chain men under 
oath may be appointed to run the Lines of the Town of Mendon, in 
order to its being ascertained, whither the Nine hundred Acres of Land 
to them Granted Ly within the Bounds of the Said Town and if it does, 
that their Grant may be taken up Elsewhere 

Read & 

Ordered, That the prayer of the petition be so far Granted, As' that 
Samuel Thaxter Escf, be appointed to Survey the Town of Mendon, & 
Make Report of his doings therein to this Court. \^Passed December 6. 



CHAPTER 205. 

RESOLVE ON WILLIAM WARD & OTHERS OF NEWTON THEIR PETITION 
IN REGARD TO THEIR ANNEXATION TO ROXBURY. 



Legislative 
Records of the 
Council, xi., 
431. 

House Jour, 
nal, pp. 2, 20. 
Province 
Laws, ix.,337, 
chap. 166; 418, 
chap. 87; 434, 
chap. 122. 



A PETITION of AVilliam Ward, Phillip White, Nath' Healy, Edward 
Ward, Daniel Colburn, & John Wardell, Shewing that notwithstand- 
ing the Order of the General Court, whereby they were Sett off from 
Newton, As to the Support of the Ministry tliere, & placed to the South 
Precinct in Roxbury, The Inhabitants of the Said Town of Newton, 
have rated them to the Ministry, there & Imprisoned Some of them for 
not paying the Same, & praying that this Court would Redress these 
their Greivances, & take Such Care that Neither their P^states, nor 
persons may be in danger from the officers, that Act Contrarj' to the 
Order of the General Court. Read, & the Answer of the Town 

being read also, 

Resolved, That the Vote of the Inhabitants of Newton Referring 



' The words following do not appoiir in the House Journal. 
^ For the words " so far granted as," the House Journal reads, 



granted, and." 



[3d Sess.] Province Laws (^Resolves, etc.). — 1722-23. 231 

to the Building of their Meeting House, & the Confirmation thereof, 
by the General Court, does not oblige the Six Families ^ to pay to the 
Annual Support of the Ministry at Newton. \_Passed December 7. 



CHAPTER 206. 

ORDER OX TH0M8 DRURYS PETITION FOR LICENSE TO PURCHASE 

INDIAN LANDS. 

A Petition of Thomas Drury of Framingham, praying Liberty from Legislative 
this Court to purchase of the Indians at Hassinimisco, a place in the councif, xi., ^ 

Said Plantation Called the Falls which is Convenient for a Mill, and ^^ 

a Tract of Land Thereabout, for the Settling of himself & his P^amily, House Jour- 
which the Said Indians are willing to Sell to him for a Reasonable Con- ' ' 

sideration. In the House of Representatives, Read & 

Order'^ That M"" Ward M'' Remington, & M"" Chandler, be a Commit- 
tee to Repair to Hassanimisco, View the Land petitioned for, & Set a 
Value upon the Same, to receive the Claims of the Natick Indians to 
the Land & make their report to the Court in their May Session, The 
Charge of the Committee to be paid by M'' Tho' Drury, In Council Read 
& Concurr'd & 

Ordered, That Tho' Fitch, & Spencer Phips Esq" be Joined with the 
Committee of the House, for the affair above In the House of Represent- 
atives, Read & Concurr'd Provided Tho* Fitch, & Spencer Phips Esq"^' Go 
in the Room of M"" Remington, & M"" Chandler,' \_Passed December 7. 



CHAPTER 207. 

RESOLVE ACCEPTING THE COMMITTEES REPORT OF BURNING TORN & 

DEFACED BILLS. 

Ix OBEDIENCE to, an Order of the Great & General Court at their Ji®?'®!^*''^®,., 

Kcorcts Oi tiiG 

present Session, appointing us the Subscribers a Committee to take an council, xi., 
Accompt of Province Bills of Credit, that are Torn & defaced wee *^"^- 



have Accordingly Received of M' Treasurer Allen the Several Bills, of House Jour- 
the denomination in the Accompt above, amo* to the Sum of Four Thou- ^Hte.'p. isi, 
sand Five hundred & Eighty Seven pounds Seven Shillings at their ^^ap. 66. 
Express Value all which Bills, Wee have Consum'^ To Ashes, Whereof 
£4,087. 7, part of the aforesaid Sum, was delivered as on the Accompt, 
of the £50,000 Loan, Neet Bills, Received, of the Trustees mentioned 
on the other Side, also £500, Neet Bills received in JLxchange for the 
Like Sum, in Penny, Two penny & three penny Bills, Granted by the 
General Court, at their Session in May last ; making in the wliole Four 
Thousand Five hundred & Flighty Seven pounds. Seven Shillings As, 
Witness our hands, the Fourth of Dec' 1722, 

W'^ Dudley Cha : Chambers 

John Dyer Penn Townsend 

Adam Winthrop Tho® Hutchinson 

W'^ Clarke Tho« Fitch 

Read and 

Resolved that the Said Report be accepted, and that the Treasurer 
be discharged accordingly. \_Passed December 7. 

' For "families," the House Journal has "Inhabitants." 

* Nothing further is recorded, except the entry, in the usual form, '♦ Consented to," of 
the Governor's approval. 



232 



Province Laws {Resolves, etc.). — 11 22-'2?>. [Chaps. 208-210.] 



Legislative 
Records of the 
Council, xi., 
433. 

House Jour- 
nal, p. 28. 



CHAPTEE 208. 

ORDER ON GEORGE PITTS PETITION IN REGARD TO AN APPEAL. 

A Petition of George Pitts of Sudbury, Shewing that at an Inferiour 
Court, for the County of Middlesex, held in September last, he ob- 
tained a Judgment against Richard & Joseph Graves, from which they 
appealed to the next Superiour Court, but did not prosecute their appeal 
and the petitioner, being Ignorant of the Methods prescribed in the 
Law, did not appear at the Said Court, to have Confirmation of the 
Judgment, by reason of which Omission, he is deprived of the Benefitt 
of that Judgment, & therefore praying relief from this Court. In 

the House of Representatives, Read together with the Answer, of M' 
Joseph Graves, thereto, &. 

Ordered, That Richard & Joseph Graves have Leave to prosecute 
their appeal, at tlie Next Superiour Court, to be holden at Charlestown 
for the County of Middlesex, on the last Tuesday of January next, & 
to Enter their Reasons of Appeal according as the Law directs, & upon 
their Failure the S*^ George Pitts have leave to Enter his. Complaint, 
in Order to the Confirmation of the Judgment Obtained, at his Maj- 
esties Inferiour Court of Common pleas, holden at Concoixl, for the 
County of Middlesex, by adjournment on the 19"^ of September 1721. 

In Council, Read, & Concurred, & that, the Justices of the Superiour 
Court, of Judicature, be Impowered and directed, to proceed in the 
affair Accord ingi}^. 

In the House of Representatives, Read & Concurred. \_Passed 
December 7. 



CHAPTER 209. 



ORDER GRANTING MAJ" LEONARD VASSALLS PETITION FOR REMISSION 
OF DUTIES ON NEGROES IMPORTED. 



Legislative 
Records of the 
Council, xi., 
434. 

House Jour- 
nal, p. 30. 



A Petition of Maj"" Leonard Vassall, praying that he may be remitted 
the Impost Stated by Law, for Nine Negroes he has brought hither for 
the Service of his Family and not to make any merchandize of them. 

Read & 

Ordered That the prayer of this petition be granted. \_Passed Decem- 
ber 7. 



CHAPTER 210. 



ORDER ON PETITION OF SUNDRY INHABITANTS OF THE NEW PARISH, 
IN MIDDLEBOROUGH &c^ AS TO SUPPORT OF THE MINISTRY. 



Legislative 
Records of the 
Council, xi., 

480. 

House Joiir- 
nal, p. 29. 
Province 
Laws, ix., 6Gf>, 
chap. 40. 



A petition of Sundry Inhabitants of a tract of Land, partly in Taun- 
ton & partly in Middleborough, lately set off as a distinct Precinct, Shew- 
ing that they are Under Several difficulties, as to their Support of the 
Ministry «fe More P^specially upon their Lying in two distinct Counties 
& praying, that this Court would do that for their Assistance, & Relief, 
which in their Great AVisdom, they Shall think Best. 

Read & 

Ordered That Some one of the Justices of the peace for the County 
of Plimouth do upon application of one or more of the Inhabitants of 



[3d Sess.] Province Laws {Resolves, etc.). — 11 2^-2?>. 23.3 

the New Precinct in Middleborough (fee" grant a Warrant for the Call- 
ing a Meeting, of the Inhabitants of the Said Precinct, at Some Con- 
venient place within the Said precinct. Sometime in the Month of March 
Next, to Chuse a Committee «fe all other officers, by Law Required, & 
Necessary for the Can-ying on the affairs of the Precinct, & that then 
they proceed to Build a Meeting House Settle a Minister & perform all 
Duty, that they Shall Stand Obliged to as a precinct, & upon their Neg- 
lect, of their duty in that Respect they be obliged to Answer at the 
Court of General Sessions of the peace within the County of Plimouth 
& that the Said Court be directed & Impowered to Execute the Laws, 
for the Support of the Ministry upon them, «fe to Inflict the pains & pen- 
alties thereby due in Case of their Neglect of What the Law Requires 
of them, as a Precinct, their Being, part in the County of BristoU Not- 
withstanding, & for the Better Enabling them to Carry on the Charge 
of the AVorship of God among them, they be Impowered to Assess or 
Tax, the Unimproved Land within the Said Precinct at an half penny 
an Acre per Year for Six Years Next Coming towards the Support of 
the Worship of God in the S*^ precinct 

And it is further 

Ordered That John Cushing & Sam" Thaxter Esq", with Such as the 
HonbP House of Representatives, Shall Appoint be a Committee to fix 
& detirmine the place for Erecting a Meeting House in the S'' precinct 
The Charge of the S*^ Committee to be born by the Precinct. \_Passed 
December 7.^ 



CHAPTEK 211. 

ORDER FOR A HEAR** ON THE MEMORIAL OF THE TRUSTEES FOR 
IPSWICH SCHOOL HOUSE. 

In the House of Representatives, whereas a hearing^ between Legislative 
Sarah Cogswell, «fe the Trustees for the Use of the School of Ipswich c^uncu", xi.I^^ 

was appointed to be on the first ^ Tuesday of this Session, but Omitted, 435^ 

because John Wainwright Esq^ was Employed in the Service of this House Jour- 

TT nal, p. 30. 

House. Ante, p. 197. 

Ordered, that it be had on the Fourteenth day of this Month,* & that chap. i04. 
Sarah Cogswell, be Served with a Copy of this Order,^ In Council, 

Read & Concurr'd. [^Passed December 8. 



CHAPTEE 212. 

RESOLVE ALLOWING £20 AND A PENSION TO DAN^ TUCKER. 

A PETITION of Daniel Tucker, Praying Some allowance in Consider- Legislative 
ation of the Wounds he Rec*" thro his Body, in the Service ags' the councu^ xi.*^^ 
Indians. 435. 

' According to the Secretary's record the foregoing action took place on January 8. But 
the House Journal contains the fuller record, and probably is correct, especially as final 
action was taken in the House of Representatives. According to the House Journal, the 
Council passed the orders given supra in the forenoon of December 7 ; the House non- 
concurred, and substituted a new order ; in the afternoon of the same day the Council non- 
concurred in that order, and insisted upon its own action ; and the House non-concurred. 

2 Upon a memorial, also called a petition, by the trustees of the Ipswich school. — Leg- . 
islative Records of the Council, xi., 367. 

3 The House Journal reads, 2d. 

* The House Journal here inserts, '■' JohnWaijiwrighfEisq; being returned." 
^ On hearing, according to this order, the memorial was dismissed. — Legislative Rec- 
ords of the Council, xi., 443. 



234 



House Jour- 
nal, p. 31. 



Pkovince Laws {Resolves, etc.). — 1722-23. [Chaps. 213-215.] 

Read & 

Resolved That the Sum of Twenty pounds be allowed & paid out of 
the publick Treasury to y*^ Said Daniel Tucker for Two years past, & 
Fifteen pounds p*" annum for time to Come, during the pleasure of this 
Court. [^Passed Deceinber 10. 



CHAPTEK 213. 

RESOLVE GRANTING ALLOWANCES ON THE MEMORIAL OF PAUL DUD- 
LEY &c'^ ESQBs COMMISSRS: TO ALBANY. 

Kefordsof the ^ MEMORIAL of Paul Dudley Sam" Thaxter & John Stoddard Esq" 
Councii.xi., Setting forth That in the Year 1721, They were appointed by the Gov' 

— '- — -_ & Council, to proceed to Alban}' to meet the Five nations with a pres- 

RecordTo^f the ^^^ fi'oin this Grovernment that they undertook a Long & Troublesome 
Council, vii., Journey to Albany Accordingly, for which they have as Yet received 
Journal, p. 32. uo Consideration, & therefore praying an allowance for the Same. 
[Read Accepted and] 

Resolved That the Sum of Fifteen pounds be allowed & paid out of 
the publick Treasury, to Paul Dudley Esq'' The Sum of Eighteen pounds 
to Samuel Thaxter Esq'' for their time not Charged in their Accompt,^ 
and the Sum of Twelve pounds to John Stoddard Esq'' for himself & 
horse Hire, He being not So long in the Service.^ [Passed December 11. 



CHAPTER 214. 



RESOLVE ALLOWING £6 TO JON* LAMB. 



Legislative 
Records of the 
Council, xi., 
436. 

House Jour- 
nal, p. 31. 



An Accompt presented By Jonathan Lamb of the Charge of Trans- 
porting, Provisions for the Soldiers to Rutland amo' to, £6. 

[Read Accepted and] 

Resolved, that the Sura of Six pounds be allowed & paid out of the 
publick Treasury to M' Jonathan Lamb, in full discharge of the Within 
Accompt. \_Passed December 11. 



CHAPTER 215. 

RESOLVE ALLOWING £41. 7. 6 TO DISCHARGE CAP'^ JOHN ALDEN'S PORT- 
LIDGE BILL FOR SLOOP TWO BROTHERS. 



Legislative 
Records of the 
Council, xi., 
486. 

House .Jour- 
nal, p. 32. 



A PoRTLiDGE Bill of the Sloop Two Brothers Cap* John Alden, M'' 
Taken up to transport, the Commissioners & the Delegates of the Five 
Nations to the Eastward, Containing an Accompt of the Hire of the Said 
Sloop & the Wages due to the Said Master, & Company for their Service, 
from Octob' 9*' to Nov"" the 9"^ 1722, Amo' to the Sum of £41. 7. 6. 

[Read Accepted and] 

Resolved that the Sum of Forty one pounds Seven Shillings & Six 
pence be allowed and paid out of the publick Treasury to Cp' John 
Alden in full dischai'ge of the Said accompt.^ \_Passed December 11. 

1 For the words " their time not . . . Accompt," the House Journal reads, " his Horse- 
hire (not beino; charged in their former accompts)." 

^ For "in the Service," the House Journal reads, "on the Journey." 
s The House Journal adds, "the several Articles of charge being what is customary 
(except his own allowance, which was by Contract.)" 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 235 



CHAPTER 216. 

RESOLVE ALLOWING £10 TO DANIEL MACCOON. 

Resolved that the Sum of Ten pounds be allowed and paid out of ^^o^.dfjftije 
the publick Treasury, to Jonathan, Remington Esq' for the Use of the Council, xi., 

petitioner Daniel iNIaccoon in Consideration of money paid by him for li-i: 

Cure of the wounds, he received in the Service and Loss of his time, ^ai^p^sij!^^ 
\_Passed December 11. 



CHAPTER 217. 

RESOLVE ALLOWING £17. 11. 5 TO COLL: JOHN STODDARD. 

An Accompt presented b}- Coll : John Stoddard of Sundry Charges Legislative 
l)y him paid, for the Delegates of the Five Nations, Amounting to councif xV^^ 

£17. 11. 5. 437. '" " 

[Read, Accepted and] House .Jour- 

Mesolved, That the Sum of Seventeen pounds Eleven Shillings and ^^^' ^'' ^^' 
Five pence, ^ be allowed & paid out of the publick Treasury to Coll : 
John Stoddard in full discharge of the Said Accompt. [Passed Decem- 
ber 11. 



CHAPTER 218. 

RESOLVE ALLOW^ING £8. 13. 6 TO JOHN LARRABEE. 

A Petition of John Larrabee Setting forth that he has been Em- Legislative 
ployed, to deliver out the Provisions to the Garrison at Castle William, counclf x^ ^'^^ 
& praying a proper allowance for his Trouble & Care therein, from 437. 
March last. House Jour- 

Read [accepted] & nai,p.32. 

Resolved That John Larrabee, the petitioner be allowed & paid out 
of y^ Publick Treasury, the Sum of Eight pounds Thirteen Shillings & 
Six pence in full of his Service, mentioned in his petition to y'^ 29* day 
of Nov"" last, at Five Shillings p'' Week. \_Passed December 11. 



CHAPTER 219. 

RESOLVE ALLOWING £40 TO SAMUEL GOOKIN. 

An Accompt presented by Samuel Gookin J"' of Subsisting the Indian Legislative 
Hostages, to the 29'^ July last Amo' to the Sum of £62. 7. 6. couucfi^ xlf'^ 

[Read, Accepted and] 437. 

Resolved, That the Sum of Forty pounds, be allowed & paid out of the House Jour. 
publick Treasury to, Samuel Gookin J'' in full discharge of the within °^'' i'* ^^• 
Accompt. [Passed Decemhi-r 11. 

' In Mass. Archives, cxxiii., 260, and in Executive Records of the Council, vii., 423, 
£27. 11. 5. 



236 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 220-222.] 



CHAPTEE 220 



RESOLVE ALLOWING £16. 13. 8 TO ELIZABETH SMITH. 



Legislative 
Records of the 
Council, xi., 
439. 

House Jour- 
nal, p. 32. 



A Petition of Elizabeth Smith, Widow of Seth Smith, Late Prison 
keeper, at Boston Dec'* Setting forth That Ovid Rushbrook, & John 
Blyn Prisoners, Committed for Counterfeiting the Bills of Credit on 
this Province, were for a long time Subsisted at the Charge of the Said 
Seth Smith, & praying that what is due to her may be allowed out of 
the publick Treasury, She having no other Way to be Reimbursed that 
Charge, but from the publick. 

Read & 

Eesolved, That the Sum of Sixteen pounds, Thirteen Shillings & 
Eight pence be allowed & paid out of the publick Treasury to the peti- 
tioner Elizabeth Smith, in full of what is ^ due to her husband, & to her 
Since his Death, & that the Respective Sums Charged to the S'' Ovid 
RushBrook, & John Blynu be added to the Bill of Cost and paid by 
them before discharged. \^Passed December 11. 



Legislative 
Records of the 
Council, xi., 
,440. 

Legislative 
Records of the 
Council, xi., 
397, 398, 401. 
House Jour- 
nal, p. 34. 



CHAPTER 221. 

ORDER ON MAJ« SAM'^- MOODEYS PETITION IN REGARD TO COMPLAINTS 

OF HIS CONDUCT. 

A Petition of Maj"" Samuel Moodey Praying that he ma}'^ have Lib- 
erty to answer before the Whole, Court to Several Complaints preferr'd 
against him. Reflecting upon his Conduct, in the publick Service. 

Read And, 

Ordered that the Secretary, forthwith Issue out Warrants, directed to 
a Messenger, to Summon the Several Persons, that Gave in their Evi- 
dences, ags' Maj"" Samuel Moodey, at the Session of this Court in August 
last, to appear before this present Session, of the General Court Next 
Wednesday, and that the Secretary further Give out Warrants ■ to the 
Said Messenger, to Summon before this Court at the Same time the 
persons following. Viz' George Darling of Charlestown, Samuel Cob, 
now of Glouster late Town Treasurer of F'almouth, Jacob Collins of 
Lynn, Daniel Ingersoll of Boston Henry Newell Now of Boston, & John 
Haggatt of Medford, to give in their Respective Evidences of what they 
know touching the Management of Maj" Moodey & his Company, & the 
Several Complaints laid before this Court ags' him. \_Passed Decem- 
ber 12. 



CHAPTER 222 



RESOLVE ALLOWING £12. 5 TO JACOB & DAN'- TILTON. 



Legislative 
Records of the 
Council, xi., 
441. 

House .Jour- 
nal, p. 33. 



A Petition of Jacob «fe Daniel Tilton praying an .allowance from thi» 
Court, in consideration of their Wounds received from the Lidians the 
last Summer, &. their Great Loss Sustained from the Said Indians, 
Read & 

Resolved that the Sura of Twelve pounds & Five Shillings be allowed 

> In the House Journal, " was." 

' "Summons," in the House Journal. 



[3i) Sess.] Province Laws {Resolves, etc.). — 1722-23. 237 

& paid out of the publick Treasury to Jacob & Daniel Tilton, on ac- 
oouut of tlie Cliarge they have been at, for the Cure of their Wounds. 
[Passed December 12. 



CHAPTER 223. 

RESOLVE ALLOWING £76. 11 TO BARTH" GREEN. 

An Accompt presented By Bartholemew Green of the Charge of Refordfjf the 
Making the Penny Two penny & three penny Bills, Amo' to the Council, xi., 
Sum of £76. 11. — 

rT?Qo/l nnrin House Jour- 

[Kead, anclj nai.p.so. 

Resolved That the Sum of Seventy Six pounds Eleven Shillings be Ante, p. isi, 
allowed & paid out of the publick Treasury to Bartholemew Green, in ^^*p-^- 
full discharge of the Said accompt. [Passed December 12. 



CHAPTER 224. 

ORD^R ON JARED TALBOTS & NATHi- & TIMO HALLOWAYS PETITION Legislative 
FOR CONTINUANCE OF PETITION FOR PERPETUAL INJUNCTION. cound f xi '"^^ 

442. 

Upon application made by Nath' Halloway (now a prisoner in Bris- Legislative 

toll Goal, on Execution) desiring that the Consideration, of this peti- ^ouncif x^ "^*^ 

tion - may be def err'd to the May Session. 417. House 

Voted, That Nath' & Tim" Halloway give in their answer, to this prSce''^'' 

petition on the Second Wednesday of y* Said Session, (if they See Laws, ix., 314, 
Cause) and that the petitioner notify them of this Vote. [Passed ciiapise,' " ' 
December 13. 



CHAPTER 225. 

ORDER ALLOWING £125 REWARD TO CAP^ HARMAN & C" FOR DESTROY- 
ING THE INDIANS. 

Oi'dered that the Sum of one hundred, & Twenty Five pounds, be Legislative 
allowed and paid out of the publick Treasur}', to Cp' Johnson Harman, councif, xl!'^^ 

«&; the Company that were with him, & assisted in destrojnng. So many ■^ 

of the Indian Enemy, at Merry meeting Bay, Viz' Twenty Five pounds House Jour- 
to Cap' Harman, and the remaining Hundred, to be Equally divided ^^''^- • 
among, the men that assisted, in that affair. [^Passed December 13. 

' According to Executive Records of the Council, vii., 426, and the House Journal the 
amount was £79. 11. 

2 " A Petition of Jared Talbot Esq'' Shewing that Upon his petition to the General Assem- 
bly, in the Year 1714, Setting forth, that he purchased from Nath' & Timothy Halloway a 
Certain tract of Land, which they had taken In Execution from Nicholas Moorey, & Gave 
his Bond, for the payment of part of the Consideration Money, which the Halloways after- 
wards put in Suit, and Pending the Suit, The Said Moorey obtained an Order from the Gen- 
eral Court, for a New Trial; upon which the Petitioner (after Judgment was given against 
him upon the Said Bond) fearing lest Moorey should recover Back the Said Land, applied 
to the General Court praying that Execution might be Stayed, till the Issuing of Mooreys 
Trial ; which they accordingly Ordered, but Moorey recovering Back the Said Land, & the 
Suspending the Execution of the Judgment on the Petitioners Bond, being only Temporary, 
& the Said Halloways having brought forward a Writt of Scire Facias against the Petitioner, 
therefore praying tliat, the Said Injunction in his Favour maybe made perpetuall." — Leg- 
islative Records of the Council, xi., 417. 



238 



Province Laws (Resolves, etc.). — 11 2'2-2^, [Chaps. 226-229.] 



CHAPTER 226 



RESOLVE ALLOWING £19. 14. 6 TO W^' TATTIN. 



Legislative 
Records of the 
Council, xi., 
442. 

House Jour- 
nal, p. 37. 



An Accompt presented By William Pattin of the Charge of an En- 
tertaiument, Given by the House to the Delegates of the Five Nations, 
Amo' to the Sum of £19. 14. 6. 

[Read, and] 

Resolved That the Sum of Nineteen pounds, Fourteen Shillings & 
Sixpence, be allowed & paid out of the publick Treasury, to, William 
Pattin, in full Discharge of the Said Accompt. [^Passed December 14. 



CHAPTEE 227. 



RESOLVE ALLOWING £9,544. 8. 5 TO THE TREASURER ON ACCO^ OF DIS- 

BURSMENTS. 



Legislative 
Records of the 
Council, xi., 
44S. 

Legislative 
Records of the 
Couucil, xi., 
401. House 
Journal, p. 35. 
Ante, p. 215, 
chap. 161. 



An Accompt, presented, by M"" Treasurer Allen of Disbursments, 
for provisions Cloathing & other Stores for the Forces, Eastward & 
Westward, & for the Garrisons, Amo' to, the Sum of £9,544. 8. 5. 

[Read, Accepted and] 

Resolved That the Sum of Nine Thousand F'ive hundred & Forty 
Four pounds Eight Shillings & Five pence, be allowed «fe paid out of 
the publick Treasury to Jqremiah Allen, Esq"" Treasurer in full dis- 
charge of his Said Accompt. \_Passed December 14. 



Legislative 
Recoi'ds of the 
Council, xi., 
443. 

House Jour- 
nal, p. 37. 
Province 
Laws, ix., 617, 
chap. 77. 



CHAPTER 228. 

ORDER ABOUT Y^ BRIDGES AT HASSANIMISCOE. 

Ordered That M-" Chandler M^ Ward & M^ Whittamore be a Com- 
mittee to Repair to Hassanimiscoe, State the places, where the Bridges 
must be built, & lay out a Way to the Bridges, through the Province 
Lands, & Lands belonging to the Indians, and make their Report 
thereon to this Court. \_Passed December 14. 



CHAPTER 229. 



Legislative 
Records of the 
Council, .xi., 
443. 

House Jour- 
nal, pp. 4, 32. 



RESOLVE ALLOWING £76. 5. 7 TO JOHN WAINWRIGHT 

An Accompt presented By John Wainwright Esq' of the Charge of 
the Committee of The House, Sent down to View the Forces Eastward, 
amo' to the Sum of £76. 5. 7. 

[Read, and] 

Resolved^ That the Sum of Seventy Six pounds, Five Shilliugs & 
Seven pence, be allowed & paid out of the publick Treasur}-, to John 
Wainwright Esq" in full discharge of the Said Accompt. [^Passed 
December 15. 



[3d Sess.] Province Laws (Mesolves, etc.). — 1722-23. 239 



CHAPTEK 230. 

RESOLVE ALLOAVING £33. 17. 6 TO DISCHARGE WESTERN COMMITTEE'S 

ACCO^. 

An Accompt presented By John Quincy, Esq' & Edward White a Legislative 
Committee of the House for Viewing, the Forces Westward Amo' to councu x^i "'*" 
the Sum of £33. 17. 6,. ^- 

[Read, and] House Jour. 

Resolved that the Sum of Thirty three pounds Seventeen Shillings °''''' p*'- ^' ^^■ 
& Six pence, be allowed & paid out of y^ publick Treasury to M' Ed- 
ward White & John Quincy Esq" in full Discharge of the S*^ Accompt. 
l^Passed December 15. 



CHAPTEE 231. 

ORDER APPOINTING A COMMITTEE ON FRANCIS BOWMAN & EPHRAIM 

ANGIERS PETITION. 

A Petition of Francis Bowman Esq' Ruth Bowman, & Ephraim Legislative 
Angier, Executors of the last will & Testament of M' Samuel Angler, councfi^xlf"' 
late Minister of the Western Congregation in the Town of Watertown, 43i, 444. 
Shewing that the Said Congregation were in Arrears to the S*^ M'" An- House Jour- 
gier, in Considerable Sums and that by reason of the particular Circum- ^^^ ' ^' 
stances of the Said Congregation & of M"" Anglers, agreement with them, 
The Said Executors Could not oblige them in the Common methods of 
the Law, to Accompt with them for the Said arrearages, & therefore 
praying, that this Court would Grant them Some proper Relief in the 
Premises. 

In Council, 

Ordered, That Jonathan Dowse Esq' with Such as the HoubP House 
of Representatives Shall Appoint, be a Committee to Enquire into the 
Matters Contained in this petition, & Report to this Court, what they 
think proper, to be done. Unless the parties do in the Meantime, Com- 
promise their differences. In the House of Representatives, Read 
& Concurred, & Jonathan Remington, & Charles Chambers Esq" are 
added to them.^ [Passed December 17. 



CHAPTER 232. 

RESOLVE ALLOWING £10 TO MARTHA GRAY. 

A Petition of Martha Gray Praying an Allowance, from this Court ^gf Q^J^jg^^f the 
in Consideration, of her Husbands, Being Killed in the publick Service Councir, xi., 
against the Indian Enemy, & her own poor & distress'd Condition. ^ 

Read& "rp'S"' 

Resolv'^ That the Sum of Ten pounds, be allowed & paid out ot y"* 
publick Treasury, to the Select men of the Town of Boston, for the 
Use of y' S'^ Martha Gray, for her Relief. \_Passed December 17. 

1 The House Journal reads "him" for "them." 



240 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 233-23G.] 



CHAPTER 233. 



RESOLVE ALLOWING £2. 18. 5 TO TYLLEY MYRICK. 



Legislative 
Records of the 
Couucil, xi., 
445. 

House Jour- 
nal, p. 37. 



An Accompt of Tilly Myrick^ of the Charges of the Delegates, of the 
Five Nations at his house, iu Broolvfield Amo' to the Sum of £2. 18. 5. 

[Read, and] 

Resolved, That the Sum of Two pounds Eighteen Shillings & Five 
pence, be allowed & paid out of the publick Treasury to Tilly Myrick, 
in full discharge of the Said Accompt. \_Fassed December 18. 



CHAPTER 234 



RESOLVE ALLOWING £8. 7 TO SAM"- TYLEY. 



Legislative 
Records of tlie 
Council, xi., 
445. 

House Jour- 
nal, p. 40. 



An Accompt presented By Samuel Tyley of Writing done for the 
publick, Amo' to the Sum of £8. 7. 

[Read, Accepted and] 

Resolved That the Sum of Eight pounds & Seven Shillings,- be allowed 
and paid out of the publick Treasury to M"" Samuel Tyley the Accompt- 
ant in full discharge of the Said Accompt. \_Passed December 18. 



CHAPTER 235. 



ORDER ON NEWTOWN PETITION IN REGARD TO FAMILIES SET OFF TO 

ROXBURY. 



Legislative 
Records of the 
Council, xi., 
445. 

House Jour- 
nal, p. 39. 
Ante,\,. 230, 
chap. 205. 



A Petition of Joseph Fuller & others a Committee iu behalf of the 
Town of Newton, Shewing that Since the Order, of the Court for taking 
from them, "William Wards, & the Five other Families, & placing them 
to the South precinct in Roxbury, They have Erected, a New Meeting 
House in Newton & placed it Commodiously, for the Said Six Families 
having a Regard to their Conveniency in altering the place of their 
Meeting House, To wiiich they were Encouraged, by the Words of the 
Order, for the Removall, of the Said Six P^amilies, & praying, that the 
Said William Ward, & the Rest may be Restored to them again, or that 
they may be heard on the Said Petition, Read & 

Order'' that it be referr'd to the Second Wednesday of the Next May 
Session & that the adverse Party be notified & Served, Avith a Copy 
thereof, That they may Shew forth, Why the prayer of this Petition, 
should not be granted. \_Passed. December IS. 



CHAPTER 236 



RESOLVE ALLOWING £8. 5. 6 TO JABEZ FAIRBANKS. 



Legislative 
Records of the 
Council, xi., 
449. 



An Accompt presented by M'' Jabez Fairbanks, of his time and 
Charges, in Conducting Sundry Indians to Westfield, by order of this 
Court, amo' to the Sum of £18. 5. 6. 

1 " Tyms Ti III/ mi rick," iu the House Journal. 
* The House Journal reads, £8. 4. 6. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 241 

[Read, Accepted and] nl'iyp^ 4°.''''* 

Resolved, That, the Sum of Eight pounds Five Shillings & Six pence, Ante, p.jin, 

be allowed & paid out of y'' Publick Treasury, to M' Jabez Fairljanks, ^hap. 147. 

the Accomptant in full discharge of his Accompt, he having Rec*^ Ten 

pounds already. \_Passed December 19. 



CHAPTEK 237. 

RESOLVE ALLOWING £n. L5. 5 TO COLL: NATHi- PAYNE, 

An Accompt presented by Coll : Nath' Payne of Subsisting Sol- R|for|"j(*'the 
diers Impressed for his Majesties Service, Amo' to the Sum of £11. Council, xi., 

15. 5. — 

[Read, Accepted and] ^^o^se Jour- 

Resolved That the Sum of Eleven pounds Fifteen Shillings & Five 
pence be allowed & paid out of y'' publick Treasury to Coll : Nath' 
Payne in full discharge of y* S'' Accompt. \_Passed December 19. 



CHAPTER 238. 

VOTE ON HATHAWAYS & WALKERS PETITION FOR RIGHT TO BRING 
AN EJECTMENT ON A JOINT PURCHASE OF LAND WITHOUT JOINING 
A THIRD PERSON AS PLAINTIFF WITH THEM. 

A PETITION of John Hathway ^ Abraham Hathway ^ & Eleazer AValker, Legislative 
Shewing that the petitioners, together with Nath' Halloway, did Jointly coiincif xi *^^ 
purchase. Several tracts of Land, to the Value of Twelve hundred pounds, 449. 
of Timothy Halloway Brother to the Said Nath\ That, the Said Timo- House .Jour- 
th}^ Hallowa}^ keeps them out of the possession of the Said Lands, and ^^^' ^' ^^' 
Nath^ Halloway Either in Favour to his Brother or for other Reasons 
refuses to Join with them in an Action to Eject the Said Tim", & there- 
fore praying. That they may be Enabl"^ by this Court to Commence an 
Action for the Premises, without the Concurrance of the S*^ Nath' Hal- 
loway. 

Read & in answer to this petition. 

Voted, That the petitioners be P^nabled to bring forwr** and prosecute 
in the Law a Writt or action of Ejectment in their own names, & also 
in the Name of Nath' Halloway, their Partner although he refuse to 
Join with them therein against Tim° Halloway or the Tennaut in pos- 
session for the Land (mentioned in the Deed of Purchase, referred to 
in the petition) or any Part thereof. And in Case they recover Judg- 
ment in such Action for possession to take out Execution accordingl}', 
& the Justices of the Inferiour Court of Common pleas for the County 
of Bristoll are hereby directed to receive &detirmine the S'' Action ac- 
cordingly, & in Case any appeal, be allowed on the Judgment, of the 
Said Inferiour Court, The Justices of the Superiour Court of Judica- 
ture to be holden for the Said County of Bristoll,- are also Impowered 
& directed, to hear & detirmiue. Such appeal, any Law Usage or Custom 
to the Contrary Notwithstanding. [Passed December 19. 

' "Halloway," in the House Journal. 

* The House Journal inserts, " in September next." 



242 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 239-242.] 



Legislative 
Records of the 
Council, xi., 
450. 

House Jour- 
nal, p. 31. 



Legislative 
Records of the 
Council, xi., 
455. 

House Jour- 
nal, p. 43. 



CHAPTER 239. 

ORDER ALLOWING £9. 7. 1 TO RICHIE LOVE. 

A Petition of Richie and Robert Love, Praying that the Wages of 
Matthew Barns, their Servant in the Muster Roll of Cap' Johnson Har- 
man, may be allowed, to them out of y*" publiek Treasury, they being 
Stopped upon a Misrepresentation of the S*^ Matthew Barns, his being 
an Inhabitant of y'^ County of York. 

[Read, accepted and] 

Ordered, That the Sum of Nine pounds Seven Shillings & one penny, ^ 
be allowed «fc paid out of y** publiek Treasury to Richie Love. \_Passed 
December 19. 



CHAPTER 240. 

RESOLVE ALLOWING £6 FOR MARM : KEMP. 

A Petition of Marmaduke Kemp a Soldier wounded in his Majesties 
Service in Nova Scotia, Praying that he may have Some allowance ; to 
bear the Charge of his Transportation, to England, which he is not able 
to do. 

Read & 

Resolved, That, the Sum of Six pounds be allowed & paid out of the 
publiek Treasury to M"" William Clark, to be Employed for the Use of 
the S*^ Marmaduke Kemp, in Order to get him a passage home. \_Passed 
December 20. 



CHAPTER 241 



RESOLVE ALLOWING £1. 3. 1 TO LUKE HITCHCOCK. 



Lep^islative 
Records of the 
Council, xi., 
455. 

House Jour- 
nal, p. 37. 
Ante, p. 224, 
chap. 186. 



An Accompt of Luke Hitchcock Esq" of Entertainment Given to 
Lawrence Clause, Interpreter to y*^ Five Nations. 

[Read, accepted, and] 

EesolvedThai the Sum of one pounds- Three Shillings, & one penny 
be allowed & paid out of y"" publiek Treasury, to Luke Hitchcock Esq' 
in full of the above Accompt. [_Passed December 20. 



CHAPTER 242 



RESOLVE ON BENJ'^ SMITH'S PETITION, DECLARING A HOGREEVE A 
COMPETENT WITNESS UNDER THE ACT RELATING TO SWINE. 



Legislative 
Records of the 
Council, xi., 
455. 

Province 
Laws, i., 730, 
chap. 16; 733; 
ii., 184, chiip. 9. 
House Jour- 
nal, p. 40. 



A Petition of Benj* Smith of Taunton Shewing that Being Hogreeve, 
of the Said Town, for the last year, he Suffered much in the Execution 
of that office, & praying Liberty for Reviewing an Action referring 
to his Said office, at the Next Inferiour Court at Bristoll, and like- 
wise that this Court would detirmine, whither his Oath is not as Good 
& Lawful! Evidence, against Breaches of y*" Acts Relating to Swine, 
Though he be a Hogreeve? 



> The amount is left blank in the House Journal. 
2 Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 243 

Read & the Question, being put, (Upon the Act for better Regulat- 
ing of Swine) Wliitlier the otticer or Hogreeve, be a Legal Evidence ; to 
Convict the owner of the Hogs, Notwithstanding his receiving Benefitt 
by the Fine or P'orfeiture. 

And it pass'd in the artirmative. \_Passed December 20. 



CHAPTEE 243. 

RESOLVE RELATING TO DEFAULT OF PAYMENT OF PROVINCE LOANS 
AND THE EQUITY OF REDEMPTION. 

Resolved That the Commissioners in the Several Countys for the Legislative 
Hundred Thousand pound Loan of Province, Bills be Impowered, & councif.xl!'^^ 
Authorized, to Suffer & keep in possession untill The time of Redemp- ^ 



tion, is Expired, any person or persons, that have Surrendered, or been House Jour- 
Ejected, out of their Estates for not paying the Priucipall Borrowed, & province' 
the Interest due thereon Provided, Such person, or persons become or ^jf''^ VoVf^* 
attorn Tennants, to the S'^ Commissioners, in the Several & Respective 511, chap. 150. 
Countys in behalf of the Province, & by Some Suitable Way Secure the 
payment of the Rent ; of & for Such Estates for time to Come, (which 
Shall Amount to the Interest of the Principall Money borrowed) or So 
much thereof as is Still outstanding, And provided Such Mortgager, 
noways make any Strip Wast, or Spoil on the Lands c^e" Mortgaged, 
And Where any person hath paid no Interest on his Mortgage, In Such 
Case before the Commissioners allow Repossession, he Shall pay all 
the Interest & Charges, due thereon. Provided Also and it is hereby 
Declared, That the Three Years Given by Law, for the Equity of Re- 
demption, Shall Commence & Go, on, from the time that Either the 
Said Several Commissioners have taken, or may hereafter take Posses- 
sion by Execution in Law, or the Surrender of y'' Party, or the Attorn- 
ment of the Tennant or Mortgager. [^Passed December 21. 



CHAPTER 244. 

ORDER ON PETITION OF Y'^ INHABITANTS OF Y^ EAST END OF Y"* 
NORTH PRECINCT IN BRIDGEWATER. 

A Petition of the Inhabitants of the East End of the North Pre- Legislative 
cinct in Bridgewater, Shewing that it was Voted in the Said North cmmctf. xi*,''*' 

Precinct, that they Should be Sett off a Seperate Precinct, when they ^ 

Should be able to Maintain a Minister which. Vote, they Apprehend House Jour- 
was Countenanced, if not Confirmed by the General Court, That they Sn«e''p. 30, 
now look upon themselves Capable, of Giving an Honourable Support chap- 63. 
to a Minister, and therefore, praying that they may be Sett off, by a 
Streight Line, running through, the Center of the S*^ North Precinct, 
and that Thirteen Familys, of Y'' South Precinct, may be added to them. 

Read & 

Ordered, That the North & South Precincts of the S'' Town, be 
Served with a Copy of this petition &c''. That they may Shew, Reason, 
(if any they have) why the prayer thereof Should not be granted, on 
the third Wednesday of May Sessions.- [^Passed December 22. 



244: 



Province Laavs {Resolves, etc.). — 1722-23. [Chaps. 245-248.] 



Legislative 
Records of the 
Council, xi., 

460. 

House Jour- 
nal, p. 51. 



CHAPTER 245. 

VOTE FOR THE TREASURERS GIVING NOTICE ABOUT PROVISIONS &c'\ 

Resolved, That the Treasurer Give Notice iii the publick prints, & 
on the Exchange once Every month from April to October, That he is 
ready to Contract with those that Will Supply him, with Bread, Rum 
Mollosses, & Casks at the most reasonable Prices for present Money 
and that in Lieu of Bread he Buy wheat & Get it Baked at the Easi- 
est rate, and that he take particular Care to Buy p]very thing in the 
most Advantageous manner, for the Interest & Service of y'^ Province. 
[^Passed December 26. 



CHAPTER 246. 



RESOLVE ALLOWING £5 TO JOSEPH KELLOG. 



Legislative 
Records of the 
Council, xi., 
461. 

House Jour- 
nal, p. 52. 
Ante, p. 201, 
chap. 117. 



A PETITION of Joseph^ Kellogg, Setting forth That his allowance, 
made by this Court for his Journey to Canada, the last Spring, will 
not be Sufficient to pay y" Expences of that Journey, & praying Some 
further allowance. 

Read [Accepted] & 

Resolv'^ That the Sum of Five pounds be allowed & paid out of y® 
publick Treasury to M'' Joseph Kellogg in full of his petition, & that 
the Debts Contracted in his Journey to Canada & unpaid be paid by 
Cap' Thomas Baker ^ who received money out of y*" publick Treasury, 
for that End. [^Passed December 27. 



CHAPTER 247. 



RESOLVE ALLOWING £48. 16 TO COLL: JOHN WHEELWRIGHT. 



Ijegislatlve 
Records of the 
Council, xi., 
462. 

House Jour- 
nal, p. 53. 



An Accompt presented by Coll : John Wheelwright of Billeting Sol- 
diers in his Majesties Service Amounting to the Sum of £50. 16/. 

[Read, Accepted and] 

Resolved, That the Sum of Forty Eight pounds Sixteen Shillings, be 
allowed & paid out of y'' publick Treasury to Coll : John Wheelwright, 
in full discharge of the within Accompt. \_Passed December 28. 



CHAPTER 248 



RESOLVE ALLOWING £4. 3 TO COLL: ELEAZAR TYNG. 



Legislative 
Records of the 
Council, xi., 

462. 

House Jour- 
nal, p. 53. 



An Accompt presented by Coll. P^leazar Tyng of the Charge of Trans- 
porting provisions, for the Soldiers (fee" amo' to the Sum of £4. 18/. 

[Read, accepted, and] 

Resolved that the Sum of Four pounds. Three Shillings be allowed, 
& paid out of y'- publick Treasury' to Coll : Eleazar Tyng the Accompt- 
aiit, in full discharge of the within Accompt. \_Passed December 28. 

> " Martin,^' in the House Journal. 

* The House Journal inserts, " of Nort /{field. " 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 245 



CHAPTEE 249. 

RESOLVE ALLOWING 40sh. TO EACH OF SEVEN MEN ON COLL: JOHN 
STODDARD'S CERTIFICATE. 

A Certificate was presented by Coll : John Stoddard, that upon his Legislative 
receiving a Warrant from Coll. Sam" Patridge for detaching Four Sol- cmnicu 'xi.*'**^ 
diers out of his Company for his Majesties Service, The Following ^^'^- 
persons did Voluntarily Enlist into his Majesties Service, upon the House Jour- 
Encouragement in the Act for Levying & Regulating Soldiers, Viz' province 
Joseph Clesson John Pomroy Ebenezer Miller, & Beuoni Hill (with the Laws ii., '225, 
Consent of his Master Daniel Nash) and upon a Second Warrant The ^'' 
Followiug persons did p]nlist, Viz' Samuel Wright Thom' Alexander, 
& John Miller, upon the Same Encouragement and all, without the 
least Constraint. 

[Read and] 

Resolved that the Sum of Forty Shillings be allowed & paid out of 
y^ publick Treasury to Each of the Seven men, above mentioned, for 
Enlisting Voluutiers for y'' Western Frontiers. \_Passed December 28. 



CHAPTER 250. 

RESOLVE ALLOWING £6. 15. 9 TO CP^ SAMUEL HINKS. 

An Accompt presented by Cap' Samuel Hinks of Disbursments for Legislative 
his Majesties Fort Mary at Winter Harbour, Amo' to the Sum of £G. colindf, xlj''® 

15. 9. 463. 

[Read and] House .Jour- 

Resolved that the Sum of Six pounds Fifteen Shillings & nine pence, i^'"^''!'-^- 
be allowed & paid out of y*' publick Treasury to Cap' Samuel Hinks in 
full discharge of the within acco'. \_Passed December 28. 



CHAPTEE 251. 

RESOLVE ALLOWING £50 TO CP'' TH08 WESTBROOK. 

A PETITION of Cap' Thomas West Brook praying for Some further Legislative 
allowance, from the Government for the Great Expence he has been counctf xl ^^^ 
at in raising a Company of Voluntiers to go ags' the Eastern Indians. 463. 

Read & House Jour- 

Resolved, That the Sum of Fifty pounds be allowed & paid out of °^^' ^^' ^^' 
y'^ publick Treasury, to Cap' Thomas West Brook, in full of his peti- 
tion & on Acco' of Five Whale Boats & Two Canoes, delivered for the 
Use of the Province. [Passed December 28. 



CHAPTER 252. 

ORDER ON BRIMFIELD PETITION IN REGARD TO TOWN DIFFICULTIES. 

A Petition of the Inhabitanxs & proprietors of the Town of Brin- Legislative 
field. Setting forth that they are under Great difficulty with Respect counctf, xlf * 



246 



Province Laws {Resolves,etc.). — ll22-2?>. [Chaps. 253-255.] 



4H4. Mass. 
Archives, 
cxiv., 65. 

Mass. 
Archives, 
cxiv., 64. 
House Jour- 
njil, p. 57. 
Ante, p. 85, 
chap. 11. 



to the Settlement of the S'^ place, Occasioned partly by the Wrong 
Management of the Committee in disposing of the Lands and partly 
by the Claims of the Heirs of the Late Wait Winthrop Esq' Dec'' & 
praying the Court would take Some, proper Methods to Extricate them 
out of these difficulties. 

In the House of Rep"^''^ Read & 

Ordered that M"" John Chandler M' Joseph Jennings M' Henry Dwight 
be a Committe to enquire into the Reasons of their Greivances at the 
Charge of the Pet" & make Report to this Court in the Ma}' Sessions 

In Council Read & concur d & 

Ordered that such of the former Committe as are now living be di- 
rectd to attend the Com"^ hereby appointed at Brimfield at such Time^ 
as they shall direct 

In the House of Rep''""' Read & Concur d. [Passed December 31. 



CHAPTEE 253. 



Legislative 
Eecords of the 
Council, xi., 
464. 

House Jour- 
nal, p. 52. 



RESOLVE ALLOWING £1. 13. 7 TO D« THOM^ HASTINGS. 

An Accompt of D'' Tho' Hastings, of Medicines, and attendance, on 
Several Soldiers in the County of Hampshire, Amo' to £1. 13. 7. 

[Read and] 

Resolved That the Sum of one pound Thirteen Shillings & Seven 
pence be allow'd & paid out of y" publick Treasury to M'' Thomas 
Hastings in full of the above Accompt. \_Passed December 31 . 



CHAPTER 254. 



RESOLVE ALLOWING £10. 3. 7 TO SAM"-'- JORDAN. 



Legislative 
Records of the 
Council, xi., 
464. 

Honse Jour- 
nal, p. 53. 



An Accompt presented by Samuel Jordan of Billeting Expresses & 
other things for the Service amo' to the Sum of £10. 3. 7. 

[Read, accepted, and] 

Resolved, that the Sum of Ten pounds three Shillings & Seven" pence 
be allowed & paid out of y" publick Treasury to M"" Samuel Jordan, in 
full of this Accompt. [Passed December 31. 



CHAPTER 255. 



Legislative 
Records of the 
Council, xi., 
4<i4. 

House Jour- 
nal, p. 52. 



RESOLVE ALLOWING £1. G TO SAM'-'- PATRIDGE. 

Two AccoMPTS presented by Samuel Patridge Esq"" of the Charge 
for Physicians & Chirurgeons for y" Soldiers, Both Amo' to £1. 6/. 

[Read and] 

Resolv'd That the Sum of one pounds'' Six Shillings be allowed, & 
paid out of y" publick, Treasury to Samuel Patridge Esq"" in full of 
these two Accompts. [Passed December 31. 



' Tlic House Journal inserts, 
' In the House Journal, 6d. 
s Sic. 



■ and Place." 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 247 

CHAPTER 256. 

RESOLVE ALLOWING £30. 3. 6 TO DANIEL GOFFE. 

An Accompt presented by Daniel Goffe of his time & Charges, in Legislative 
a Journey to New York, in y'^ publick Service, Amo' to the Sum of couuc^f x^ ^'^^ 
£30. 3. 6. 465. ' '' 

[Read and] House Jour- 

Resolved, That the Sum of Thirty pounds three Shillings & Six '''''• P' "• 
pence, be allowed & paid out of y^ publick Treasury, to M' Daniel 
Goffe in full of Said Accomp'. \_Passed December 31. 



CHAPTER 257. 

RESOLVE ALLOW^ING £16. 10 TO JOHN BLAKE. 

A PETITION of John Blake Setting forth, that his Son was wounded ^for^g'^f t^e 
in the publick Service & is Since dead, & praying an allowance out of council, xi., 

the publick Treasury for the Charges of his Sickness & Funeral Accord- ^ 

ing to An Accompt Exhibited naT^^ss'"'^' 

[Read, accepted and] 

Resolved That the Sum of Sixteen pounds, & Ten Shillings, be 
allowed & paid out of y" publick Treasury, to the petitioner John 
Blake in full discharge of the Said Accompt. \_Passed December 31. 



CHAPTER 258. 

RESOLVE ON CAP^ EBENEZ" POMROYS CERTIFICATE OF VOLUNTIERS. Legislative 

Records of the 

Resolved that the Sum of Forty Shillings, be allowed & paid out of 4fi6. 
y* publick Treasury to Each of the Six men. Enlisted by Cap' Ebenezer, House Jour- 
Pomroy, to Serve As Voluntiers in the Western Frontiers. [Passed * prlj^^nce 
January 1. Laws, ii., •2-25, 

chap. 1. 



CHAPTER 259. 

RESOLVE ALLOWING £30 TO D" GEORGE PEMBERTON. 

An Accompt presented by D"" George Pemberton of Medicines Ad- Legisiatiye 
ministred & attendance on the Garrison at Castle William, amount^ Councif xi*^^ 
to the Sum of £31. 17. 6. ^66. 



[Read, and] House Jour- 

Resolved that the Sum of Thirty pounds be allowed & paid out of ^^*^' '' 
the publick Treasury to D' George Pemberton in full discharge of the 
above Accompt. l_Passed January 1. 



248 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 260-262.] 



CHAPTER 260. 



ORDER ALLOWING £1 EACH TO JOHN YOUNG MOSES HARPER & ROBR^ 

LITHGO. 



Legislative 
Records of the 
Council, xi., 
466. 

Legislative 
Records of the 
Council, xi., 
277. House 
Journal, p. 58. 



In the House of Represektatives ; This House being Informed that 
John Young, Moses Harper & Robert Lithgo, who wei-e Summoned to 
give Evidence ags' Maj"" Moodey, were arrived tho too late for the 
Hearing. 

Ordered. That the Sum of Twenty Shillings be paid to Each of 

them out of the publick Treasury, and that they be Sent Back again 
to the Eastern parts. 

In Council, Read & Concurred. \_Passed January 1. 



Legislative 
Records of the 
Council, xi., 
466. 

House Jour- 
nal, pp. 33, 57. 
Province 
Laws, ix., 482, 
Chap. 63; 609, 
chap. 143. 



CHAPTER 2(31. 

ORDER ON PETITION OF THE COMMITTEE FOR WORCESTER FOR LAY- 
ING A TAX ON UNIMPROVED LANDS. ' 

A PETITION of Tho' Palmer & others, a Committee for Worcester 
praying that the S*^ Town may be allowed to lay A Tax upon the 
Unimproved as well as Improved Lands, Lying within the S"^ Town, 
at the Rate, of Five pence p"" Acre, to finish the Building of their 
Meeting House, Support their minister & pay their past Arrearages. 

Read & 

Ordered^ That the prayer, of this petition be So far granted, that 
they be Enabled to lay a Tax of three pence p'' Acre on all the Lands 
of the Resident & Non Resident Proprietors in the Said Town. [Passed 
January 1. 



CHAPTER 262. 



ORDER FOR ADJOURNING Y'' COURT IN HAMPSHIRE. 



Legislative 
Records of the 
Council, xi., 
469. 

House Jour- 
nal, p. 61. 



Whereas the Court of General Sessions of the peace, & Inferiour 
Court of Common pleas, for the County of Hampshire, appointed, by 
Law to be held the first Tuesday of Dec"' last, are adjourned by the 
Justices of the Said Courts, to the Second Tuesday of this Instant 
January, & Many of the Justices of the Said Courts being Members 
of this Court, 

Ordered, that, the Said Court of General Sessions of the peace & In- 
feriour Court of Common pleas be further Adjourned to Tuesday the 
Twenty Second of January Currant & all persons Concerned are Com- 
manded to take Notice thereof and Conform themselves Accordingly. 
[Passed January 2. 



[3d Sess.] Province Laws {liesolves, etc.), — 1722-23. 249 

CHAPTER 263. 

RESOLVE ALLOWING £2. 10 TO THO« FOSTER. 

In the House of Representatives Legislative 

Besolved That the Sum of Two pounds Ten Shillings be allowed & coundi' xi."'*' 

paid out of y'^ publick Treasury to M' Tho^ Foster for his Expence *_^ 

& Trouble in attending the Order of this House, ^ In Council Read & House Jour- 
Concurr'd. \_Passed January 2. na , p. 



CHAPTER 264. 

ORDER ON NATICK PETITION THAT THE TOWN MAY CONVEY LAND TO 

Mk PEABODY. 

A Petition of Thomas Wabaun & others a Committee for the Pro- Legislative 
prietors of Natick, praying on their Behalf, That they may be Impow- ^oum'if xl*^^ 
ered to Give & Confirm To M' Oliver Peabody, upon his Settling among 469. Mass. ' 

Arcliivffi xiii 

them in the "Work of the Ministry, A Lot or Lots Containing one hun- ey. ' ' ' 

dred Acres of Land & meadow, & to make him A Commoner or Pro- MasI 
prietor in Such Plantation, they Being Uncapable of Giving any Other Archives, xiii., 

i^ t ' >7 o I => '^ 66, 68. House 

EnCOUragem* Journal, p. 59. 

Read & 

Ordered, That the Prayer of y^ Petition be so far granted, as to 
enable y*^ Pet" to Convey &, Confirm to M"" Oliver Peabody & His Heirs 
for ever Twenty Acres of Land for a House Lott Which shall be part 
of y*^ Sixty Acre Lott formerly intended - for John Reesnummin ^ y® Late ^ 
Preach"" at Natick, upon y*" Said JVP Oliver Peabodys Settleling in y" Work 
of y*^ Gospel Ministry among the Aborigines at Natick, The Remaining 
Forty Acres of y*" Said Sixty Acre Lott, together with forty Acres more 
of Upland &, Meadow Land to be conveniently laid out & granted to 
Him & His Heirs for Ever Provided y' y*" S*^ M"" Peabody continue in 
ye "Worij of ye Ministry there during y*^ Term of His Nat' Life, & that 
the Pet"^' be also impowred to make Him a Coin"^" or Proprief of y® Said 
Plantation of Natick in Right of y^ Said Sixty Acre Lott, Provided it 
exceed not One Fiftieth^ part of y*^ Whole Plantation. \_Passed Janu- 
ary 2. 

CHAPTER 265. 

RESOLVE ALLOWING £3. 14. 6 TO DISCHARGE MESS^^ WILLIAMS & DOUG- 
LASS THEIR ACCOMPT. 

An Accompt of M' Nath" Williams & M*" William Douglass of Medi- Legislative 
cines & attendance on Hendrick De Witt one of the Delegates, Amo' councirxi 
to £3. 14. 6. ^'»- 

[Read and] House Jour- 

Resolved That the Sum of Three pounds Fourteen Shillings & Six AntF,'f,. 225, 
pence, be allowed & paid out of the publick Treasury to M"" Nath' chap. 189. 
^Yilliams & M"" W'" Douglass in full of the within Accompt. [_Passed 
January 3. 

> A mission, it seems, to the Eastern Indians. — House Journal, p. 26. 

' MS. obscure; corrected from Legislative Records of the Council, xi., 4:69. "Reesnum- 
min" is there " Neesnummin." 

s " One fifteenth " according to the Secretary's copy. Legislative Records of the Coun- 
cil, xi., 469. 



250 



Peovince Laws {Resolves, etc.). — 1722-23. [Chaps. 266-269.] 



CHAPTER 266 



Legislative 
Records of the 
Council, xi., 
471. 

House Jour- 
nal, p. 60. 



RESOLVE ALLOWING £59. 10 TO D" EDW» ELLIS. 

An Accompt presented by Edward Ellis Surgeon, of his Own & Ms 
Assistants Service, in the Forces Plistward, under Coll : Walton, from 
August 28"' 1722, to december Following, Amo' to y*" Sum of Fifty 
Nine pounds Ten Shillings. 

[Read and] 

Resolved That the Sum of Fifty Niue^ pounds Ten Shillings be 
allowed & paid out of the publick Treasury' to M' Edward Ellis in 
full of this Accompt. \_Passed January 3. 



CHAPTER 267. 



Legislative 
Records of the 
Council, xi., 
471. 

House Jour- 
nal, p. 61. 



RESOLVE ALLOWING £7. 10 TO COLL: SAM'i- PATRIDGE. 

An AccOxMpt presented by Coll : Samuel Patridge of Postage, Rum 
Supplied, the Soldiers & Sundry things Supplied the Delegates, Amo' 
to the Sum of £7. 10. 6. 

[Read, accepted, and] 

Resolved That the Sum of Seven pounds Ten Shillings ^ be allowed 
and paid out of the publick Treasury to Samuel Patridge Esq"" in full 
of this Accompt. \_Passed January 3. 



CHAPTER 268. 



Legislative 
Records of the 
Council, xi., 
471. 

Legislative 
Records of the 
Council, xi., 
277. House 
Journal, p. 58. 



ORDER ON ISRAEL HAZEN'S PETITION IN REGARD TO HIS WAGES AS 

A SOLDIER. 

A PETITION of Israel Hazen, Shewing y' he being a Soldier, under 
the Command of Cp* Johnson Harman was drawn in to put his Name 
to a Blank paper, which he left in the Hands of y® S*^ Harman, Which 
he has Since made use of to possess himself of y*^ Whole of his Wages, 
amo' to the Sum of Eleven pounds Twelve Shillings, tho he Never 
took up more of him, than Three pounds Twelve Shillings, 

Praying an Order of this Court to Obtain the Remainder of his 
Wages, of the S'^ Cap' Harman. 

Read and 

Ordered, That the Sum of Eight pounds be Stopped out of Cap' 
Harmans Wages till he Can make it appear to this Court That he has 
Supplied the S** Israel Hazen, with as much as his Wages amounts to 
According to his proposall to M"" Treasurer. ^Passed January 3. 



CHAPTER 269. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y= GARRISON 

AT NORTHFIELD. 

Reconfs'of the ^ MuSTER RoLL of the Garrisou in his Majesties Service, at North- 
councii.xi., field under the Comm*^ of L' Joseph Kellogg Containing an Accompt of 



' The House Journal reads, £54. 
' The House Journal reads, £7. 10. 



[3d Sess.] Province Li aws (MesolveSj etc.) . — 1722-23. 251 

Wages, clue to them for their Service from May 31'' to July 24'^ 1722, *2l'cMvei\ci 
together with an Account of Billeting for the Same time, Amo' to the so. ' ' "' 

Sum, of £48. 3. 9. House Jour. 

read and accepted °'^'> p- ^^• 

Resolved, that thesum of Forty eight pounds thre shillings and nine 
pence, be allowed and paid out of the Publick Treasury to Samuel 
Partridge Esq"" for him to pay the several sums due to the Officers 
& souldiers on the above Muster roll. \_Passed January 3. 



CHAPTEK 270. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF BROOKFIELD 
& BRINFIELD SCOUTS. 

A Muster Roll o^the Scouts posted at Brookfield & Brinfield under Legislative 

the direction of Coll : Samuel Patridge, Contain^ an Accompt of Wages councff xf ^''^ 

due to them for their Service, from July 24"^ to Nov' 26'^ 1722, & 4T2. Mass." 

an Accompt of Billeting the Said Soldiei's, the Said time q^!^ ives, xci., 

In the House of Representatives MasI 

[Read, accepted and] 62'^*' hou^' ^*^^^' 

Resolved that the sum of Two hundred Sixty seven pounds, one shil- journal, p. 54. 
ling one penny be allowed and paid out of the Publick Treasury to the 
Officers and souldiers born on this Roll to whom the same is respectively 
due. And farther That the sum of Ten pounds seventeen shillings and 
thre pence being so much supplyed the men, to gether with the sum of 
one hundred and thirty pounds two shillings and eight pence for sub- 
sisting the within named men making the sum of One hundred and forty 
pounds nineteen shillings and eleven pence be allowed and paid out of 
the Publick Treasury to Coll' Samuel Partridge in full discharge of sub- 
sisting the men (what slops have been supplyed them to be by him paid) 
to the Person or persons that have subsisted or supplyed any of the men 
born on the within Muster roll. 
In Council, 

Read & Concur'd with the Deduction of forty four Shillings & five 
Pence over cast in the Billeting. 

In the House of Representatives 

read «& Concurred. \_Passed January 3. 



CHAPTER 271. 

RESOLVE ALLOWING £21. 1. 3 TO COLL: SAM'-'- PATRIDGE. 

An Accompt of Samuel Patridge Esq"" of Scouts Expresses &c* for Legislative 
the publick Service, Amo' to the Sum of £21. 1. 3. Snctf xl*''*' 

[Read and] 472. 

Resolved that the Sum of Twenty one pounds one Shilling & three House Jour- 
pence ^ be Allowed & paid, out of the publick Treasury to Coll : Sam- "^'' P" ^^' 
uel Patridge in full discharge of the Said Accompt. [^Passed January 3. 

' The House Journal reads, £20. 1. 3. 



252 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 272-274.] 



CHAPTER 272. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y''- SLOOP 
GEORGE JOHN STRATTON MASTER. 

A Muster Roll of the Sloop George, John Stratton Master Contain- 
ing an Acco' of AVages due, to y" S'^ Master & Company for their Ser- 
vice from March 8"' to April S'*" 1722 & Hire of the Said Sloop amo' to 
£31. 13. 2. 

[Read, accepted and] 

Resolved that the sum of Thirty one pounds Eight shillings and two 



Legislative 
Records of the 
Council, xi., 
474. Mass. 
Archives, xci., 
29. 

Mass. 

Arcliives, xci., 
28. House 

Journal, p. 65. pence be allowed and paid out of the Publick Treasury to discharge the 
Wages & sloop Hire as is on the said roll inserted, [Paused January 4. 



CHAPTER 273. 

RESOLVE ALLOWING PAYMENT OF THE 2» MUSTER ROLL OF SLOOP 
GEORGE JOHN STRATTON M^. 



Legislative 
Records of the 
Council, xi., 
474. Mass. 
Archives, xci., 
86. 

Mass. 

Archives, xci., 
8.T. House 
Journal, p. 64. 



A Muster Roll of the Sloop George John Stratton M'' Containing 
an Acco' of Wages due, to y" S'^ Master & Company for their Service, 
from July 3^^ 1722 to Dec' 17"^ 1722, with y^ Hire of y'^ Sloop Amo' to 
£172. 12. 1. 

In the House of Representatives 

[Read, accepted and] 

Resolved that the sum of One hundred seventy thre pounds seven 
shillings and one penny be allowed and paid out of the Publick Treas- 
ury To discharge the wages and sloop liier according to the within 
Muster-roll 

In Council. 

Read & Concur'd with the Deduction of fifteen Shillings for a Weeks 
Wages for Francis Lowd so much being over cast. 
In the House of Representatives 

Read and Concurred. \_Passed January 4. 



CHAPTER 274. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP MERRY 
MEETING THO^ SAUNDERS M«. 



Legislative 
Records of the 
Council, xi., 
474. Mass. 
Archives, xci., 
84. 

Mass. 

Archives, xci., 
83. House 
Journal, p. 65. 



A Muster Roll of the Sloop Merry Meeting, Tho° Saunders, Master 
Containing an Acco' of Wages due to the S'' Master &, Comp'' for their 
Service from August 24* 1722 to Dec' 13'" 1722 & Hire of the S*^ Sloop, 
Amo' to £145. 

[Read, accepted and] 

Resolved that the sum of One hundred forty five pounds be allowed 
and paid out of the Publick Treasury to discharge the Wages due to 
the Master, men & sloop hier as in the above Muster roll. [Passed 
Jamcary 4. 



[3d Sess.] Provixce Laws {Resolves, etc.). — 1722-23. 253 

CHAPTEK 275. 

RESOLVE APPOINTING AN ARMOURER AT Y^ CASTLE. 

A Memorial of the Honb'^ William Dummer Esq', Setting forth the Legislative 
Necessity of appointing an Armourer at his Majesties Castle William councu^.xi.!'^^ 

in the Room of Samuel Lamb late Armourer deceased. ^ 

[Read, accepted and] House Jour- 

Mesolved, that an Armourer be appointed according to the above ^^ ' ^'" 
Report of the Committee. \^Passecl Jarmanj 4. 



CHAPTER 276 



RESOLVE ALLOWING £29. 12. 2 TO EDW" WINSLOW. 



An Accompt presented by Edw*^ Winslow Esq*" of the Repairs of the Legislative 
Province or Gov^^ house, Amo' to y'' Sum of £29. 12. 2. cmmcu! xi.I"^ 

[Read and] 475^ 

Resolv^ That the Sum of Twenty Nine pounds Twelve Shillings & House Jour- 
Two, pence, be allowed & paid out of y'" publick Treasury to Edward °''^*' ^' ^^' 
Winslow Esq'' Sherriff in full discharge of the Said Acco'. \_Passed 
January 5. 



CHAPTER 277. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y= GARRISON 
AT CASTLE WILLIAM. 

A MrsTER Roll of the Garrison in his Majesties Service, at Castle Legislative 
William under the Comm<^ of the Honb"' William Dummer Esq' Con- councu.xi.!^^ 
taining an Acco' of Wages due to them for their Service, from June 1'' 4"5- Mass. 
1722 to Nov' 29"^ 1722, Amo' to y'' Sum of £351. 17. 4. Archives, xci., 

[Read, accepted and] m^. 

Resolved that the sum of Thre hundred fifty one pound ^ sevente[en]^ Arcim-es, xci., 
shillings and fourpeuce^ be allowed and paid out of the Publick Treas- Journal, p. 67. 
ury to discharge the wages due to the Officers and souldiers the several 
& respective sums due to them. \^Passed January 5. 



CHAPTER 278. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CAP'f SAM'-'- 
BARNARDS COMPANY. 

A Muster, Roll of the Company in his Majesties Service under the Legislative 
Command of Cap' Samuel Barnard, Containing an Acco' of Wages due c^*^ ^^^f x*i ^'^^ 
to them for their Service from July 24"' to Nov"" 20"' 1722 & an Acco' of 475. Mass.'' 

1 Sic. 

2 MS. mutilated. 

3 The Executive Records of the Council, vii., 441, reads, £251. 17. 4. 



254 



Province Jjam^s (Besolves, etc.) . — 1722-23. [Chaps. 279-281.} 



Archives, xci., 
50, 51. 

Mass. 

Archives, xci., 
48, 49. House 
Journal, p. 58. 



the Subsistence of y*^ S*^ Company. In the House of Representa- 

tives, 

[Read, accepted and] 

Resolved that the sum of Six hundred and thirty pounds fourteen: 
shillings and five pence be allowed and paid out of the Publick Treasury 
to the Oflicers and souldiers contained in this Roll and respectively due 
to them. And further that the sum of Thre hundred pounds two shil- 
lings be allowed & paid out of the Publick Treasury to Cap' Samuel 
Barnard for subsisting the Officers and souldiers born on this Roll 

In Council, Read & Concurred with the Deduction of Three Pounds 
eight Shillings from the Drummers Wages whereby they will be reduced 
to Centinels. 

In the House of Representatives 

Read and Concurred. \_Passed January 5. 



CHAPTER 279 



Legislative 
Records of the 
Council, xi., 
476. 

Legislative 
Records of the 
Council, xi., 
425, 4-29. 
House Jour- 
nal, pp. 19, 25, 
68. 



RESOLVE ALLOWING £3. 18 TO SAM^"^ JORDAN. 

An Accompt presented by Samuel Jordan of his Time & Charges im 
attending the General Court by their Order amo' to £3. 18/. 

[Read, accepted and] 

Resolv'^ That the Sum of Three pounds Eighteen Shillings ^ be allowed 
and paid out of the publick Treasury to M' Samuel Jordan in full of 
this Accompt. [^Passed January 7. 



CHAPTER 280. 



RESOLVE ALLOWING £14. 1. 1 TO COLL: SAMi-i- PATRIDGE. 



Legislative 
Records of the 
Council, xi., 

477. 

House Jour- 
nal, p. 68. 



An Accompt presented by Coll : Samuel Patridge of Charges Occa- 
sioned in the County of Hampshire, by the apprehending of John Blyn,. 
& Ovid Rush Brook for Counterfeiting Bills of Credit A mo' to y"" Sum 
of £14. 1. 1. 

[Read, accepted and] 

Resolved, That the Sum of Fourteen pounds one Shilling & one penny 
be allowed & paid out of the publick Treasury to Luke Hitchcock Esq' 
for him to pay & discharge, the Several Sums Mentioned in the Said 
Accompt, & to be repaid by the Said Rush Brook & Blynn when dis- 
charged. \^Passed January 7. 



CHAPTER 281. 



RESOLVE ALLOWING PAYMENT OF COLL WHEELWRIGHTS MUSTER ROLL. 



Legislative 
Records of the 
Coun(;il, xi., 
479. Mass. 
Archives, xci., 
61. 



A Muster Roll of the Company in his Majesties Service under 
the Command of Coll : John Wheehvright, Containing an Accompt of 
Wages due to them, for tlieir Service from Augs' 20"' to Nov' 27"' 1722, 
Amo« to the Sum of £740. 6. 7. 



' The House Journal and Executive Records of the Council, vii., 441, read, £8. 18. 



[3d Sess.] Province Laavs {Resolves, etc.). — 1722-23. 255 

Read and accepted [and] Archives xh 

Resolved That the sum of Seven hundred and Forty pounds six shil- 58-6o. iiouse* 
lings and seven pence be aUowed and paid out of y*" Pubiick Treasury '^^^^'^^^> v- ^• 
to the Officers & souldiers born on the within Roll to whom the Same is 
respectively due in full discharge of the Wages due herein. [^Passed 
January 7.^ 



CHAPTEK 282. 

RESOLVE ALLOWING £4 TO JOS: BACON. 

An Accompt of Joseph Bacon for bringing a Number of Whale Boats Legislative 
from Cape Cod to Boston, Amounting to the Sum of £4 to Ballance. coundf xi *''^ 

[Read and] 479. 

Resolved that the Sum of Four pounds be allow'* & paid out of the HouBe Jour- 
publick Treasury to IVP Joseph Bacon in full discharge of the above ^^^' P' ^^' 
Accompt.^ \_Passed January 8. 



CHAPTER 283. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF V GARRISON 
AT S'' GEORGES RIVER. 

A Muster Roll of the Garrison in his Majesties Service at S' Ji^^^^^?^*"^?^, 

rtGCOrClS ot tllG 

Georges River under the Command of Lieu' James Armstrong, Con- council, xi., 
taining an Accompt of AVages due to the S*^ Company for their Service Archiv^es^^xci 
from July 24"^ to Dec^ 18"' 1722, Amo' to the Sum of £292. 6. 2. 88. ' " '' 

[Read, accepted and] Mass. 

Resolved that the sum of Two hundred Ninty two pounds 6/ 2^ be ^T^'^House''""' 
allowed and paid out of the Pubiick Treasury to the Officers and Soul- Journal, p. 56. 
diers to whom the same is respectively due, in full discharge of the 
Wages due ou this Muster roll. \^Passed January 8. 



CHAPTER 284. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y= SCOUTS 
IN MIDDLESEX UNDER COLL: CHANDLERS DIRECTION. 

A Muster Roll of the Scouts within the County of Middlesex, under Legislative 
the direction of Coll : John Chandler Containing an Accompt of Wages ^uncn® xi.*^^ 
due, to them for their Service, from August 23'' to Nov"" 30"" 1722, Amo' 48i. Mass.' 
to, £413 3. 4 and of their Subsistence the Said time, Amo' to £206. 10. ;|^y^hives, xci.. 

Read [accepted] & ^ii^. 

Resolved that the sum of Four hundred and thirteen pounds thre Archives, xci., 
shillings and four pence be allowed and paid out of the Pubiick Treas- journal, p. 52. 
ury to the Officers and souldiers to whom the same is respectively due 
(as ^ the Roll) to discharge the same And that the sum of Two 

hundred Sixty six pounds, ten shillings being the whole amount of sub- 
sistance, be allowed and paid out of the Pubiick Treasury to ColP John 
Chandler to be by him paid to the persons that advanced- the subsist- 

• The date here given is taken from the Mass. Archives. In the Secretary's record the 
date is January 8. 

2 The House Journal adds, " He having received £8 from Mr. Treasurer." 



256 



Peovince Laws {Resolves, etc.). — 1722-23. [Chaps. 285-287.] 



auce in full discharge of the same (the Treasurer first deducting out 
of the said sum, what he has supply ed for subsistance to any of the 
men born on this Roll). \^Passed January 9. 



CHAPTER 285. 



RESOLVE ALLOWING PAYMENT OF COLL: WALTONS MUSTER ROLL. 



Legislative 
Records of the 
Council, xi., 
4S2. Mass. 
Archives, xci., 
44. 

Mass. 

Archives, xci., 
4-2, 43. House 
Journal, p. 71. 



A Muster Roll of the Company in his Majesties Service under the 
Command of Coll : Shadrach Walton Containing an Accompt, of Wages 
due to them for their Service from July 17"^ to Nov'' 14"" 1722, Amount- 
ing to the Sum of £411. 8. 8. 

[Read, accepted, and] 

Resolved that the sum of Four hundred and eleven pounds eight shil- 
lings and eight pence be allowed and paid out of the Publick Treasury 
to the OfHcers and souldiers born on this roll to whom the same is re- 
spectively due (according to the above report) in full discharge of the 
wages thereof &c. [_Passed January 9. 



CHAPTER 286. 



RESOLVE ALLOWING £8 TO JOS: BANE. 



Legislative 
Records of the 
Council, xi., 

482. 

Legislative 
Records of the 
Council, xi., 
424,429. House 
Journal, p. 71. 



An Accompt presented by Joseph Bane of his time & Charges in 
Coming to Boston to attend y'^ Order of the Generall Court amo* to the 
Sum of £11. 16. 1. 

[Read and] 

Resolved. That the Sum of Eight pounds be allowed & paid out of the 
publick Treasury to Joseph Bane, in full of his time & Expence in Com- 
ing to Boston by Order of this Court. \_Passed January 9. 



CHAPTER 287. 



VOTE ON JAS: BRENTNALLS MEMORIAL ALLOWING HIM THE PAY OF 

A SENTINEL. 



Legislative 
Records of the 
Council, xi., 

482. 

House Jour- 
nal, p. 71. 



A Memorial of James Brentnall, Shewing that he Served as a Clerk 
in Coll : Waltons Company, and after that as a Second Lieu', for which 
he is allowed no Wages in the Muster Roll, and praying that the Said 
Roll may be reconsidered, and that he may be allowed Suitable Wages 
for his Said Service. 

Read and the Question was put. Whether James Brentnall be 

allowed the pay of a Centinell in the Said Roll ?. 

It pass'd in the affirmative. [^Passed January 9. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 257 



CHAPTEK 288. 

RESOLVE ALLOWING PAYMENT OF SERQt WILLIAM WHITES MUSTER 

ROLL. 

A Muster Roll of the Scout in his INIajesties Service under the Com- Legislative 
mand of Serg' William White, Containing an Acco' of Wages due to count^f x^ '^'^^ 
them for their Service from August 4"' to Augs' 31'' 1722, Amo' to the ^^'^- Muss."' 

f. e i>ck - o i Archives, xci., 

i^um ot £2o. 6. 4. 3i. ' 

read and accepted House Jour- 

Resolved that the sura of Twenty five pounds thre shillings and »»'. P- 64. 

four pence be allowed and paid out of the Publick Treasury to the 

Officers and souldiers to whom the same is due in full discharge of 

the s*^ Roll. \_Passed January 10. 



CHAPTER 289. 

RESOLVE ALLOAVING PAYMENT OF CAPT ROBERT TEMPLES MUSTER 

^ ROLL. 

A Muster Roll of the Company under the Comm*^ of Cap' Robert ^^^'^^j!*^? .i, 
Temple, Containing an Acco' of Wages, due to them for their Service councif, xi., 
from June 26'*^ to Dec^ 10"^ 1722 Amo' to the Sum of £551. 5. 1. l^chiveTici.. 

In the House of Representatives, 82. 



[Read accepted and] Mass. 

Resolved that the sum of five hundred fifty one pounds five shilling ^^s'^^^House 
and one penny due on this Roll (exclusive of the use of the Province Journal, p. 54. 
Armes, and what slops have been delivered the men) be allowed & paid 
out of the Publick Treasury to the Officers and souldiers mentioned in 
this Roll to whom the same is respectively due, in full discharge of the 
same, and that the Treasur[er] make good to the Province the sum of 
Thirty thre pounds eight shillings and two pence supplyed to the sev- 
eral persons above, which is to be taken out of the sum of One hun- 
dred and two pounds five shillings and eight pence conformable to the 
Resolve of this House. 

In Council Read & Concurred. \_Passed January 10. 



CHAPTER 290. 

RESOLVE ALLOWING PAYMENT OF CP'^ JOHN SHIPLEYS MUSTER ROLL. 

A Muster Roll of the Company in his Majesties Service under the Legislative 
Command of Cap' John Shipley Containing an Acco' of Wages, due to Q^u^^tf xi *^* 
them for their Service, from June 26"" to Dec' 10"' 1722, Amo' to the 483. Mass.' 

Sum of £543. 9. 10. Archives, xci., 

[Read, accepted and] ^j^;^^^ 

Resolved that the sum of Five hundred Forty thre pounds nine shil- Archives, xci., 
lings and ten pence be allowed and paid out of the Publick Treasury journal"^. 7L 
to the Officers and souldiers born on this Roll to whom the same is 
respectively due in full discharge of the same according to the above ^ 
Report. [Passed January 10. 

' That is, the committee's. 



258 



Province Ijaws (Besolves, elc.) . — 1722-23. [Chaps. 291-293.] 



CHAPTEK 291. 



Legislative 
Records of the 
Council, xi., 
484. Mass. 
Archives, xci., 
TL 

House Jour- 
nal, p. 53. 



RESOLVE ALLOWING PAYMENT OF MUSTER ROLL OF Y^ GARRISON AT 

WINTER HARBOUR. 

A Muster Roll of the Garrision at bis Majesties Fort Mary at 
Winter Harbour, Containing an Acco' of Wages due to tbem for their 
Service under Cap' Samuel Hinks, from March 28"' 1722 to Dec" Id"" 
1722, Amo' to £98. 6. 2. 

Read and 

Resolved that the sum of Ninty eight pounds Six shillings and two 
pence be allowed and paid out of the Publick Treasury to the Officers 
and souldiers to whom it is respectively due as above expressed in full 
discharge of this Roll. \_Passed January 10. 



CHAPTEK 292. 



Legislative 
Records of the 
Council, xi., 

484. 

House Jour- 
nal, p. 74. 
Province 
Laws, ii., 22.'5, 
chap. 1. 



RESOLVE RESPECTING THE PRiEMIUM FOR VOLUNTIERS. 

In the House of Representatives, 

Whereas the Law for the More Easy Levying & regulating of Sol- 
diers pass'd at a Session of the General Court, Augs' 23'' 1721,' Gives 
a Bounty of Forty Shillings to all able Bodied Effective men, that Shall 
Enter themselves Voluntiers in the Service, which hath proved of no 
Advantage to the Government. 

Resolved^ that hence forward. No Such Bounty or Premium Shall 
be paid to any Voluntiers, Enlisting on that Paragraph, Any Law Usage 
or Custom to the Contrary not withstanding. In Council Read & 

Concurred, & 

Ordered That a Bill be brought in Accordingly, In the House of 
Representatives Read & Concurred- \_Passed January 10. 



CHAPTER 293 



Legislative 
Records of the 
Council, xi., 
484. Mass. 
Archives, xci., 
76^ 

Mass. 

Archives, xci., 
74, 75. House 
Journal, p. 60. 



RESOLVE ALLOWING PAYMENT OF CAP^ EDM^ WARDS MUSTER ROLL. 

A Muster Roll of the Company in his Majesties Service, under the 
Comm'' of Cp' Edm'' Ward Contain^ an acco' of Wages due to them for 
their Service from July 16"> to Nov' y'' 30'" 1722, Amo' to £400. 5. 1. 

read and accepted 

Resolved that the sum of Four hundred pounds five shillings and one 
penny be allowed and paid out of the Publick Treasury to the Officers 
and souldiers to whom the same is respectively due in full discharge of 
this Muster roll according to the above - report. \_Passed January 10. 

• The Secretiiry's record reads, " 1722," which is wrong. 

* That is, the committee's. 



[3d Sess.] Province Laws {Resolves, etc.), — 1722-23. 259 



CHAPTER 294. 

RESOLVE ON CAPT. HINKS'S PETITION FOR INCREASE OF WAGES OF 
THE GARRISON AT FORT MARY, AND FOR AN ALLOWANCE FOR DIG- 
GING A WELL. 

A Petition of Cp' Samuel Hinks, praying that the Wages of the Gar- Legislative 
rison at Fort Mary may be rais*^ and that he may be allowed for his couucif, xi.^ ^ 
pains & Expence in Digging a Well, in the Said Fort, which is like to • ^^5. 
be of Great Service to the S** Garrison Especially in Case of an Attack. House Jour- 
Read& °">' »'•'*• 

Resolved,^ that upon a New Enlistment of Ten able Bodied men^ 
their pay be advanced to Thirty Shillings per month to the Men, & pro- 
portionably to the Commanding officer, during the present War, and 
that there be allowed & paid out of the publick Treasury, to M'' Samuel 
Hinks Six pounds for his Charges, in Digging a Well. [Passed Jan- 
uary 11. 



CHAPTER 295. 

RESOLVE ALLOWING PAYMENT OF L'^ JEREMIAH MOULTONS MUSTER 

ROLL. 

A Muster Roll of the Scout, in his Majesties Service in the County Legislative 
of York, under the Command of Lieu' Jeremiah Moulton, Containing couut^f, xi.,'^*'^ 

an Accompt of Wages due to them for their Service from July 9"" to ^^ 

Septr, 25"' 1722, Amo' to the Sum of £113. 10. 9. Read «fe 

Resolved,, That the Sum of one hundred & Thirteen pounds Ten Shil- 
lings & Nine pence be allowed & paid out of the publick Treasury to 
the officers & Soldiers born on the Within Roll in full discharge of the 
Wages to whom it is respectively due.^ \_Passed January 11. 



CHAPTER 296. 

RESOLVE ALLOWING £6. 18. 10 TO SAMUELL GOOKIN. 

An Accompt presented by Samuel Gookin Esq"' of the Charge Occa- Legislative 
sioned in the County of Middlesex, by apprehending John Blyn, & Con- councu xf.****^ 
veying him to Springfield for his Triall, Amo' to y'' Sum of £6. 18. 10. 486. 

[Read, accepted, and] Mass. 

Revived, That the Sum of Six pounds, Eighteen Shillings & ten ^x'^jiiy*^^;. 
pence be allowed, & paid out of the publick Treasury to, Sam" Gookin House '.lour- 
Sherrifif in full discharge of the within Accompt. \_Passed* January 11, '' ' ^' 

' In the House Journal, " Ordered." 

' The House Journal inserts, " at Fort Mary," 

' Not in the House Journal. 



260 



Province Laws {Resolves, etc). — 1722-23. [Chaps. 297-300. J 



CHAPTER 297 



Legislative 
Records of the 
Council, xi., 
486. 

House Jour- 
nal, p. 75. 



VOTE FOR CLOATH'- THE INDIAN HOSTAGES. 

Ordered That the Treasurer be directed to provide Each of the Indian 
Hostages at the Castle with a Blankett Shirt & pair of Indian Stock- 
ings for their Cloathing. \_Passed January 11. 



CHAPTER 298. 



Legislative 
Records of the 
Council, xi., 
486. 

House Jour- 
nal, p. 75. 



VOTE FOR PROVIDG PILOTS &C'^. 

Ordered That Sufficient Pilots be provided forthwith, for the Land 
& Sea Service, To be paid after the rate of Four pounds p'' month for 
their Said Service. [Passed January 11. 



CHAPTER 299. 



VOTE FOR SEND« FOR COLL: WALTON. 



Legislative 
Records of the 
Council, xi., 
487^ 

Legislative 
Records of the 
Council, xi., 
424, 425, 426, 429, 
450, 455, 458 his, 
459 bis, 473, 475, 
478, 481, 482. 
House Jour- 
nal, pp. 15, 17, 
18, 21, 22, 23, 24, 
25, 40, 42, 49, 51, 
63, 63, 67, 68 bis, 
70, 71 bis, 12, 75. 
Ante, p. 256, 
chap. 285. 



In the House of Representatives, The House being Informed, that 
Coll : Shadrach Walton late Commander of the Eastern Forces, did Yes- 
terday presume to dismiss the Soldiers from the Service for Forty Shil- 
ings Each & is bound Eastward, Having Given out Such Speeches as 
(if possible to be accomplished by him) may prove very pernicious to 
this Government 

Resolved That the Sherriff of the County ^ be directed forthwith to 
follow the S'' Coll : Walton, & order his return to Boston to attend the 
order of this Court - & that the wages due to the S*^ Coll : Walton, be 
Stopped in the Treasury, till he has given Satisfaction to this Court for 
the abuses lately offered to this Government. 

In Council Read & Concurred. [Passed January 11. 



CHAPTER 300. 

RESOLVE ALLOWING PAYMENT OF SERG^ THOMAS BUCKMINISTERS 

MUSTER ROLL. 



Legislative 
Records of the 
Council, xi., 

487. Mass. 
Archives, xci., 
33. 

Mass. 

Archives, xci., 
32. House 
Journal, p. 73. 



A Muster Roll of the Scout in the County of Middlesex under 
the Command of Serg' Thomas Buckminister, Containing an Acco' of 
Wages due to them for their Service from July 25"' to Augs' 20"^ 1722, 
Amo* to £57. 8. 2. 

[Read, accepted and] 

Resolved that the sum of Fifty seven pounds eight shillings and two 
pence be allowed and paid out of the Publick Treasury to the Officers 
and souldiers born on this Roll to whom the same is respectively due. 
according to the above ^ Report. [Passed January 11. 

» The House Journal inserts, "of Suffolk.'' 
» The House Journal omits all that follows. 
3 That is, tlio committee's. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1722-23. 261 



CHAPTER 301. 

RESOLVE ALLOWING PAYMENT OF SERGEANT NAHUM WARD'S MUSTER 

ROLL. 

A Muster Roll of the Scout in the County of Middlesex under the Legislative 
Comm^ of Serg' Nahum, Ward, Contain^ an Aceo' of Wages due to cmS, xl?'' 
them for their Service, from Augs' 13"^ to Nov' 28"^ 1722, Amo' to y" 48? mAss.' 

o p /?i,,- /^ in Archives, xci., 

Sum of £llb. 6. 10. 65. 

[Read accepted and] Mass! 

Resolved that the sum of One hundred and sixteen pounds six shil- ArcWves, xci., 
lings and ten pence be allowed and paid out of the Publick Treasury Journal, p. 74. 
to the Officers and souldiers to whom the same is respectively due on 
this Roll according to the above' Report. [^Passed January 11. 



CHAPTER 302. 

RESOLVE ALLOWING £6 TO L'^ THO^ GOODWIN. 

A Petition of Timothy Goodwin, Shewing that he Served the last Legislative 
Summer as a Lieu' under Cap' Edm*' Ward, & being Informed that he councif.xi., * 
is Struck out of Cap' Wards Roll, & Not allowed any Wages, therefore ^ 



praying that his Services may be Considered & his pay allowed to him. House Jour. 
[Read and] nai,p.78. 

Resolved That the Sum of Six pounds, be allowed &. paid out of the 
publick Treasury, to Lieu' Timo : Goodwin in answer to his petition. 
\_Passed January 12. 



CHAPTER 303. 

RESOLVE ALLOWING PAYMENT OF COLL: ELEAZAR TYNGS MUSTER 

ROLL. 

A Muster Roll of the Scouts in his Majesties Service in the County Legislative 
of Middlesex, under the direction of Coll: P^leazar Tyng, Containing councu^ xi**^* 
an Accompt of Wages due to them for their Service from July 21'' to 48s. Mass.' 
Nov' 20"^ 1722 Amo' to the Sum of £733. 19.2. Archives, xci., 

[Read, accepted and] m&ss. 

Resolved that the sum of seven hundred thirty thre pounds nine- Archives, xci., 
teen shillings and two pence " be allowed and paid out of the Publick journal, p"??. 
Treasury to the Officers and sould"^ born on this roll according to the 
above ' report. \^Passed January 12. 



CHAPTER 304. 

RESOLVE ALLOWING PAYMENT OF CP"^ JOHNSON HARMANS MUSTER 

ROLL. 

A Muster Roll of the Company in his Majesties Sei*vice, under the Legislative 
Command of Cap' Johnson Harinan, Containing an Accompt of Wages Records of the 

1 That is, the committee's. 

2 In the House Journal, £733. 16. 7. 



262 



Province I^Aws{Besolves, etc.). — 1722-23. [Chaps. 305-307.] 



488. Mass. 
Archives, xci., 
64^ 

Mass. 

Archives, xci., 
52-54. House 
Journal, p. 76. 



due to them for their Service from Febr^ 28"^ 1721, to Nov^ 20"^ 1722, 
Amo' to the Sum of £1,018. 15. 4. 

read aud accepted 

Resolved that the sum of One thousand and eighteen pounds Fifteen 
shillings and four pence be allowed and paid out of the Publick Treas- 
ury to the Officers and souldiers born on s'' Roll according to the above ^ 
report. \_Passed January 12. 



CHAPTER 305. 

RESOLVE ALLOWING PAYMENT OF CAP"^ JOHN PENHALLOWS MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xi., 

489. Miiss. 
Archives, xci., 

47^ 

Mass. 

Archives, xci., 
45, 46. House 
Journal, p. 76. 



A Muster Roll of the Company in his Majesties Service under the 
Command of Cp' John Penhallow, Containing an Accompt of Wages, 
due to them for their Service, from Jan^ 5"^ 1721 to Nov"" 14"^ 1722, 
Amo' to, the Sum of £919. 8. 4. 

[Read, accepted and] 

Resolved that the sum of Nine hundred & nineteen pounds eight shil- 
lings and four pence, be allowed and paid out of the Publick Treasury 
to the Officers and souldiers born herein to whom the same is respec- 
tively due. according to the above ^ Report. [^Passed January 12. 



CHAPTER 306. 



RESOLVE ALLOWING PAYMENT OF CAP^ JOS: HEATHS MUSTER ROLL. 



Legielative 
Records of the 
Council, xi., 
489. Mass. 
Archives, xci., 
41. 

Mass. 

Archives, xci., 
39, 40. House 
.Journal, pp. 75, 
76. 



A Muster Roll of the Company in his Majesties Service, under the 
Comm'' of Cap' Joseph Heath Containing an Accompt of Wages due to 
them, for their Service from May 2*^ to Nov"' 14"' 1722, Amo' to the Sum 
of £559. 

read and accepted 

Resolved that the sum of Five hundred Fifty Nine ^ pounds be allowed 
and paid out of the Publick Treasury to the Officers and souldiers con- 
tained in this Roll to whom the same is respectively due in full discharge 
thereof, according to the above ^ report. \_Passed January 12. 



CHAPTER 307. 



Legislative 
Records of the 
Council, xi., 

489. 

House .Jour- 
nal, p. 77. 



RESOLVE ALLOWING £18 TO CP^ THO" SAUNDERS. 

An Accompt presented By Tho' Saunders of Frieght Carried in the 
Sloop Merry meeting for the Governm' amo' to the Sum of £20. 

[Read and] 

Resolved., That the Sum of Eighteen pounds be allowed and paid 
out of the publick Treasury to M"^ Tho' Saunders in full of the within 
Accompt. \_Passed January 12. 



1 That is, the coiuniittee's. 

' The House Journal reads, £561. 



[3d Sess.] Province Laws (liesolves, etc.). — 1722-23. 263 

CHAPTEK 308. 

VOTE ACCEPTING THE COMMITTEES REPORT ABOUT y- FIVE NATIONS. 

In Obedience to the within Order, The Committee have Consid- ^^fj'^^^'jfth^ 
ered the affair of the P'ive Nations, and are of opinion, that three Council, xi., 

Comuiissiouers be appointed by this Court to treat with those Indians, *^ 

at Albany the Twentieth day of May Next, That the Sum of Fifteen J^^jf^'^'cwthe 
hundred Pounds Inchid° what is already at Albany, be put into the Comu-u.xL, 
Hands of Commissioners, in order to Engage those Nations, in a journiir,p!'^75. 
Stricter alliance AVith this Government, more Especially that they ^«^'e, p^ 204, 
may heartily Join with us in the present War, Wee are Entered into 
with the Eastern Indians. That the Commissioners distribute 

among the Five Nations as much of the Said Sum, as according to 
their best Skill, & prudence they Shall find Necessary to Effect the 
Ends proposed 

But in Case the Commissioners See no likelihood of Bringing them 
into an offensive War with us against the Eastern Indians, then they 
are not to present them with more than Five hundred pounds. 

That there be Instructions drawn by this Court by which the Com- 
missioners, are to Govern themselves in the Treaty and that a Copy 
thereof be transmitted as Soon as may be to the Govenour of New 
York, And to desire his Answer thereupon. That the Following Sums 
be allowed & paid out of the publick Treasury For the Scalps of the 
Indian Enemy, Viz' For Every male of Twelve Years old or Upwards, 
One hundred pounds, and for the Scalps of all others that Shall be 
killed in Fight, & the prisoners (to be rendered to the Commanding 
officer of any Regiment Company Troop or Garrison,) Fifty pounds 
Each, & the Sole Benefitt of the Prisoners, Being Women or Chil- 
dren, under the Age of Twelve Years & the Plunder. That Each 
Party of the Five Nations Consisting of Ten, when in Quest of the 
Enemy Indians, have with them in Company Two English men, at 
least, & So in proportion for Greater Numbers, as well for their Own 
Security as that they make a Just Claim, to the payment for what 
Scalps they may bring in ; And that any of the Parties aforesaid, 
as often as they desire, be Supplied from any of the publick Stores, 
or Garrisons, in this Province, with what ammunition or provisions 
they may from time to time Stand in absolute Need of, to be deducted 
out of what Scalp Money may be due to them ; That Any Scalp 
Money to be received from time to time be Equally divided among the 
Party to whom it may belong, & the English Men who may be with the 
S'^ party to have Each the Same Share, with any one of the Indians of 
the Five Nations. [Passed January 12. 



CHAPTEK 309. 

RESOLVE FOR EMITT" £13,000 IN BILLS AND PROVIDING SECURITY. 

Resolved, That the Treasurer be & hereby is directed to Issue Legislative 
forth and Emitt the Sum of Thirteen Thousand pounds in Bills of coSncii'xi., 
Credit on this Province, being the remaining part of the Twenty ^ 



Thousand pounds, made by a Resolve of this Court in y' May Ses- £^ov^i°.<je 279 
sions, & lodged in the Treasury; to be disposed of for the payment HouleJour." 
of Such Muster Rolls, as have oV may pass this Court, more Especially "^f^^-^^i^^ 
the Rolls belonging to the Eastern Forces, That y' Said Bills Shall chap! 88. 



264: 



Province Laws (Besolves, etc.) . — 1722-23. [Chaps. 310-312.] 



pass out of the Treasury at the Value therein Expressed, Equivalent to 
Money, & Shall be So taken, & accepted in all publick payments, And 
that the duties of Impost and P^xcise, with the. Interest of the Loan 
Moneys, Shall be a fund & Security for the Repaying & drawing in the 
Said Bills to the Treasury again So far, as that Will reach. 
And as a further Fund & Security for the Same, It is further 
Resolved, That there be & hereby is Granted to his Most Exellent 
Majesty, for the Ends & Uses aforesaid and for no other Ends & Uses 
whatsoever, a Tax of Thirteen Thousand pounds, to be Levied upon 
Polls & Estates, both Reall & personall within the Province, Accord- 
ing to Such Rules and 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 One Thousand Seven hundred, & Twenty Four and paid into 
the Treasury at or before the Last day of Dec"' next after. \^Passed 
Jamiary 14. 



CHAPTER 310. 

ORDER APPOINTING A COMMITTEE TO SURVEY THE TRANSPORTS Stc^. 



Legislative 
Records of the 
Council, xi., 
491. 

House Jour- 
nal, p. 78. 



In Council 

Ordered That Jon* Dowse Esq'' with Such As the Honb'" House of 
Represent Representatives, Shall appoint, be a Committee to Survey 
the Several Sloops, Employed as Transports, & report to the Court ^ 
whether they be fit for Service, in this Winter Season, & What Stores 
may be further Wanting for them. 

In the House of Representatives, Read & Concurred, & that Wil- 
liam Clark & Charles Chambers, Esq" be added to them. [^Passed 
January 14. 



CHAPTER 311 



RESOLVE ALLOWING PAYMENT OF MAJB SAM^^ MOODEYS MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xi., 
492. Mass. 
Archives, xci., 
Sh 

Mass. 

Archives, xci., 
55, 56. House 
Journal, p. 72. 



A Muster Roll of the Company in his Majesties Service, under the 
Command of Maj"" Samuel Moodey Containing an Accompt of Wages 
due to them, for their Service from April, 6"" to Nov"" 20"" 1722, Amo' 
to the Sum of £862. 18. 1. 

read and accepted 

Resolved that the sum of Eight Hundi'ed Sixty two pounds Eighteen 
shillings and one penny be allowed and paid out of the Publick Treas- 
ury to the Officers and souldiers born on the s'' Roll to whom the same 
is respectively due in full discharge of their wages as by the above ^ 
Report. \_Passed January 15. 



CHAPTER 312. 



RESOLVE ALLOWING £140 TO THE SECRETARY. 



Legislative 
Kecords of the 
Council, xi., 
492. 



Resolved, That the Sum of one hundred &> Forty pounds, be allowed 
& paid out of the publick Treasury, to Josiah Willard Esq"" for his 



> Sic. 

^ The House Journal reads, 

s That is, the committee's. 



' Board. 



[3d Sess.] Province Laws {Resolves, etc.). — 1122-2^. 265 

Extrodinary Service, the Year past, & that a Further Sum of Forty House Jour- 
pounds be aUowed & paid to him out of the publick Treasury, for his '^*'i'-'* • 
Further Trouble in the aft'airs of the War. \_Fassed January 15. 



CHAPTER 313. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP 
ENDEAVOUR JACOB PARKER. 

A Muster Roll of the Sloop Endeavour Jacob Parker Master, a Legislative 
Transport, in the publick Service Containing an Accompt of Wages coum'if.xi., ^ 
due to the S'^ Master & Comp-^and hire of the Said Sloop from August ^'J*- Mass.' 
28'^ to J any 8'M722 A mo' to the Sum of £141. 12. xcL,"l'' 



[Read accepted and] Mass. 

Resolved that the sum of One hundred forty one pounds twelve shil- ^'^'^Ho'use^*'^'* 
lings be allowed and paid out of the Publick Treasury to Jacob Parker Journal, p. 80. 
to discharge the several sums as due in the within Roll. \_Passed Jan- 
uary 15. 



CHAPTER 314. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP VIRGIN 

CALEB PRATT. 

A Muster Roll of the Sloop Virgin Caleb Pratt Master, (a Trans- Legislative 
port in the publick Service) Containing an Acco' of Wages due to the counclf, xl!^^ 
Said Master & Company from the 21'' Augs' to the 7*'' of Jan^ 1722, & 494. Ma^ss^' _ 
Hire of the Sloop the Said time, Amo' to the Sum of £112. 10/. gg.*^ '' '* 

[Read, accepted and] House Jour- 

Resolved that the sum of One hundred and Twelve pounds ten shil- °ai, p. so. 
lings ^ be allowed and paid out of the Publick Treasury to discharge the 
■wages and sloop hier as - above mentioned. \_Passed January 15. 



CHAPTER 315. 

RESOLVE REMOVING STOPPAGE OF JOSIAH WILLARD'S WAGES. 

A Petition of Josiah Willard a Corporall under Coll : Buckminister, Legislative 
Shewing that he was no way Concerned in Enlisting men for the Ser- councn^ xl!*^^ 

vice out of the Inhabitants of Groton or Lancaster, for which his '^ 

Wages are Stopped, & therefore praying that the Stop may be taken House Jour, 
off & his Wages allowed him. °^^' ^P' '^' ^' 

Read, And it appearing to the House upon a hearing, that he was 
no ways accessary to the Enlisting those Six Men, which were more 
than the allowance to Groton, & Lancaster Scout, therefore. 

Resolved; That the EStople be taken ofif.^ \_Passed January 16. 

• The House Journal reads, £11L 10. 

" MS. obscure. 

5 The House Journal adds, " his Wages." 



266 



Peovince Laws {Resolven, etc. ) . — 1722-23. [Chaps. 316-319.] 



Legislative 
Kecords of the 
Council, xi., 
495. 

Honse Jour- 
nal, p. 80. 



CHAPTER 316. 

RESOLVE ALLOWING £40 TO .JAMES PITSON. 

Ax AccOMPT presented by James Pitson of Vietualls and Drink for 
the Company belonging to the Ship Flying Horse Peter Papillon Com- 
mander, Amo' to the Sum of £47. 10 . 

[Read, accepted and] 

Mesolced That the Sum of Forty Pounds be allowed & paid out of 
the publick Treasury to the Accomptant .James Pitson, in full dis- 
charge of the above Accompt. \^Passed January 16. 



CHAPTER 317. 



Legislative 
Becords of the 
Council, xi., 

m^ 

Honse Jour- 
nal, p. 65. 



RESOLVE ALLOWING £21 TO EDWi- WINSLOW ESQ^. 

Ax Accompt Presented by Edward Winslow Esq"" Sherriff of the 
County of Suffolk, of Transmitting Proclamations Laws &c* amo' to 
the Sum of £42. 19. 10. 

[Read, accepted and] 

Resolved, That the Sum of Twenty one pounds be allowed & paid 
out of the Publick Treasury to Edward Winslow Sherriff, in full of 
this Acco' to Dec' 18'-' 1722. [Passed January 16. 



CHAPTER 318. 



Legislative 
Records of the 
Council, xi., 
4d5. 

House .Jour- 
nal, p. 83. 
Jnfra, chap. 
319. 



RESOLVE ALLOWING £7. 10 TO D^ ELLIS. 

Ax Accompt of Edward Ellis for Medicines & attendance on Tho' 
Bowlar a Seaman belonging to y^ Ship Flying Horse Amo' to the Sum 
of £7. 10/. 

[Read, accepted and] 

Resolved that the Sum of Seven pounds & Ten Shillings be allowed 
& paid out of the publick Treasury to Edward Ellis in full of the 
Said Accompt. [Passed January 16. 



CHAPTER 319. 



Legislative 
Records of the 
Council, xi., 
496. 

House .Jour- 
nal, p. V',. 
Supra, chap. 
318. 



RESOLVE ALLOWING £-3. 12 TO MARY JENKINS. 

Ax Accompt of Mary Jenkins for Diet Lodging & Nursing of the 
Said Tho' Bowler Amo' to, the Sum of £3. 12'. 

[Read, accepted and] 

Resolved That the Sum of Three pounds, & Twelve Shillings be 
allowed & paid out of the publick Treasury to the Said Mary Jen- 
kins, in full of her Accompt. [Passed January 16. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 267 

CHAPTER 320. 

RESOLVE RAISING THE WAGES OF JOS: BANE. 

A Petition of Joseph Bane ^ praying that his Wages, (which are Legislative 
by the Court re(hiced to Sergeants pay) may be made Equal to Lieu'' councu^, xif '^ 
in Consideration of his past Service, & his Readiness at all times to 496- Mass. 

ArcniVGS 

Officiate as An Interpreter & as a Pilot to the Forces. ixiu., 307.' 



The Committee having Considered the within Petition are of opinion Mass. 
that the s"* Joseph Beans Wages be raised & made equal to Lieutenants i^^j-'^qa^' 
pay for that when he was engaged in that Service tho there were few House Jour- 
or No Marches yet he Attended & was ready to do his duty & is now '^'''' ^'^^' "^' ^^' 
further to undertake the Work of a Pilot & Interpreter 

<gj order Elisha Cooke 

Read [accepted] & 

Resolved that the wages due to L' Joseph Beans be made equal to 
the pay of Liutenant according to the above report. \^Passed Jan- 
uary 16. 



CHAPTEE 321. 

RESOLVE ALLOWING £72. 15. 1 TO MAJk HABIJAH SAVAGE. 

An Accompt Presented By Habijah Savage, Esq' for Billeting Sol- ^^^rd*^^f .h 
diers & for his Service, in Mustering & Ordering of the Soldiers, council, xi., 

[Read and] ^^ 

Resolved, That the Sum of. Seventy Two pounds Fifteen Shillings "^7^*^ gg^'^''- 
& one penny be allowed, & paid out of the publick Treasury, to Maj"" 
Habijah Savage in full discharge of the above Accompt. \_Passed 
January 16. 



CHAPTER 322. 

ORDER FOR ADJOURNING Y^ COURTS IN HAMPSHIRE. 

Whereas the Court of General Sessions of the Peace, & Inferiour Legislative 
Court of Common pleas, for the County of Hampshire, appointed to councu^ x^ *^^ 
be held (by Law) at Northampton on the first Tuesday of December 496. 
last Stands adjourned to Tuesday the Twenty Second Instant, and House Jour- 
Several Members of the Said Courts being likewise Members of this ^^^' ^'' ^' 
Court. 

Ordered, That the Said Courts of General Sessions of y" Peace, 

& Inferiour Court of Common Pleas, for the Said County of Hamp- 
shire, be further adjourned to the First Tuesday of February Next, 
Any Law Usage Or Custom, to y* Contrary Notwithstanding. \_Passed 
January 16. 

1 " Beane," in the House Journal. 



268 



Province Laws (^Resolves, etc.). — 1722-23. [Chaps. 323-325.] 



CHAPTEE 323. 



Legislative 
Records of the 
(Jouncil, xi., 
497. 

House Jour- 
nal, p. 83. 



RESOLVE ON PETITION OF Y^ GARRISON AT FORT GEORGE IN BRUNS- 
WICK IN REGARD TO WAGES. 

A Petition of Isaac Gardner, Lieu' of Fort George at Brunswick 
Cp' John Gyles Commander, Praying in Belialf of the Garrison, there, 
that their Wages, may be advanced, as the pay of the other Forces^ 
are, Read [accepted] & 

Resolved^ that the Wages Allowed to the Soldiers at Fort George be 
at Thirty Shillings per Month, & the officers Wages in Proportion, Dur- 
ing this present War. \_Passed January 16. 



CHAPTER 324. 



ORDER APPOINTING A COMMITTEE FOR A BILL FOR RAIS" VOLUN- 

TIERS. 



Legislative 
Records of the 
Council, xi., 
497. 

House Jour- 
nal, pp. 80, 81. 



In the House of Representatives, 
Ordered That M' Speaker, M' Cook, M"" Wainwright, M' Quincy, & 
M' William Clark, with Such as the Honb''' Board Shall Join, be a Com- 
mittee in the recess of the Court to prepare the Draught of a Bill for 
the More Easy Raising Soldiers, by Enlisting them as Voluntiers, & 
to Lay the Same before this Court at their Next Session. In Council 
Read & Concurred & Coll Taller, Coll : Fitch & Coll : Quincy are Joined 
in the affair above. [^Passed January 16. 



CHAPTER 325. 



RESOLVE ALLOWING PAYMENT OF SERG^ THO^ BUCKMINSTER'S MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xi., 
497. 

House Jour- 
nal, |). 73. 
Ante, p. 265, 
cha{). 316. 



A Muster Roll of the Scouts in his Majesties Service in the County 
of Middlesex, under the Command of Serg' Thomas Buckminister, & 
Sergeant Samuel Willard, Containing an Accompt of Wages due to 
them for their Service, from August 23*^ to Nov' 24"' 1722, Amo' tO' 
the Sum of £261. 5/. 

[Read, accepted and] 

Resolved., That y'' Sum of Thirty nine pounds Fifteen Shillings & 
Seven pence be allowed & paid out of the publick Treasury to Cp' 
Jonas Prescott, of Groton to be by him paid, to the Groton Scouts, 
agreeable to the Report. That the Sum of Forty pounds Six Shil- 

lings & Eleven pence be allowed & paid out of the publick Treasury 
to M'' Jabez Fairbanks, of Lancaster to be by him paid to the Lancas- 
ter Scouts agreeable to the Said Report, 

And, That the Sum of One hundred Eighty one pounds Three Shil- 
lings be allowed & paid out of the publick Treasury to the officers & 
Soldiers born on this Roll, Agreeable to the Report of the Committee, 
\_Passed January 16. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 269 



CHAPTER 326. 

VOTE ACCEPTING THE COMMITTEES REPORT RESPECTING THE COU- 

RANT. 

The CoMMiTTKE appointed to Consider the paper Called the New Legislative 
England Courant published Monday the 14"' Curr' are humbly of councu, xl!*"^ 
opinion, 



That the Tendency of the Said paper is to Mock Religion, & bring Legislative 
it into Contempt, That the Holy Scriptures are therein prophanely cmmrlr, xi-!' 
abased, that the Revr*^ and faithfuU Ministers of the Gospell are In- 'iiti. iiouhc 
juriously Reflected upon, his Majesties Government affronted, and the 82*. ' '^' ' 
peace & Good Order of his Majesties Subjects of this Province dis- 
turbed by the Said Courant, and for prevention of the like oft'ence, for 
the future. The Committee Humbly propose that James Franklyn 

the Printer & publisher thereof be Strictly forbidden, by this Court to 
print, or publish the New England Courant, or any Pamphlet or paper 
of the like Nature, P^xcept it be first Supervised, by the Secretary of this 
Province, And the Justices of his Majesties Sessions of the peace 

for the County of Suffolk, at their Next adjournm' be directed to take 
Sufficient Bond of the Said Franklyn for his Good Behaviour for Twelve 
Months. 

Read & Accepted. \_Passed January 16. 



CHAPTER 327. 

VOTE OF INSTRUCTIONS TO THE COMMISSIONERS FOR Y^' FIVE NATIONS. 

A Draught of Instructions from this Court to the Commissioners to Legislative 
be appointed, to treat with the Five Nations of Indians at Albany. coundf xl*^^^ 

In Council 498. Mass. ' 

G Archives, 

ENTLEMEN xxix., 100. 

Vpon your arrival at Albany you are to wait upon his Excellency ^J^^^^ ' 

Governour Burnet if there and pay the respects of this Governm* to Archives, 
him, and in his absence you are to apply to such as may be appointed House Jour- 
to represent him praying their friendship and assistance in Treating ^ntf'v%3 
with The said Indians of which we think we can't fail upon the assur- chap'. 36s. 
ance Governour Burnet gives us in his Letter of the 14* of December chap'- 33s. * 
last that his Endeavours shall not be wanting for our Success in this 
affair he having also for this end had the Opinion of his Council that 
he might advise the five Nations to send such a number of their fight- 
ing Men as can be Spared to our assistance and to make AV^arr against 
the I^astern, Indians. 

You are to acquaint the five nations that as there has always been a 
Strict friendship Maintained betwixt this Government and them, and 
the Covenant Chain Brightned From time to time as there was occa- 
sion, so are you now come Upon the same design, having from this 
Government a considerable present to them for that End. 

We wou'd have you represent to the five Nations that you hope the 
delegates have done us the Justice to Inform them of the kind recep- 
tion and Entertainment they had in this Government and their pro- 
ceeding in the Eastern parts where they were Eye witnesses of the 
Desolutions and Outrages committed upon his Majestys Subjects In- 
habitants of this Province by the Eastern Indians contrary to their 



270 Province Laws {Resolves, etc.). — 1722-23. [Chap. 327.] 

many Solemn Treaties and Engagements which has obliged this Gov- 
ernment to declare Warr against them, all which perfidious Actions 
of theirs, The said Deligates when here resented even to vomiting as 
their Expression was. 

You are to Inform them that in their former Treaties with us they 
have declared that our Enemies were and Shou'd be theirs and now 
Providence has furnished them with an Opportunity to give us a proof 
of their friendship and Sincerity therein we hope they will not fail to 
jm prove it. 

You are* also further to Inform them that their Delegates when at 
Boston assured this Government that they would Endeavour to pre- 
vail with the five Nations To call off the JNIerrimack and Scattacook 
Indians from confederating or Acting with the Eastern Indians against 
us and You are to know of them whether they have Effected that 
matter. 

You are to observe to them also that their Delegates when at Boston 
gave us goo[d] reason to expect that the five Nations woud Join with 
us in making Warr against the Eastern Indians and you are now come 
to finish a Treaty upon that matter and in order to jnduce them to it you 
are to acquaint them that upon their absolute and Peremptory Promise 
that they will immediately engage with us in the present Warr against 
the Eastern Indians You will make another considerable Present to them 
and also jnform them of the great rewar[d] which this Government have 
granted for the Scalps of the Eastern Indians which they will be Enti- 
tuled to According to the Act herewith Delivered you. 

You are to Inform them that for their better accomodation in any 
Marches they may make against the Eastern Indians this Government 
have given direction that in Case they shou'd be in want of Provisions 
or or^ ammunition for that Service They shall be Supplyed from the 
English Garrisons and as well for the Prevention of any mischiefs that 
may happen to them from our Soldiers by mistake as for the avoiding 
any doubts or disputes that may arise about the Scalps that may be 
brought in by any of their parties. It is Ordered by the Governm. that 
there be two English men at least to Join with ten of them that Shall 
go out in Quest of the Enemey and so in proportion to a greater num- 
ber which English men are to certifye upon Oath that a Scalp for which 
a Premium is Demanded is the Scalp of an Enemy Indian with their 
Age and Sex Slain in Fight and also to receive an Equall Proportion 
of the Scalp Money with them 

This Board are of Opinion that the Deputys from Boston do first 
produce to the Persons that are or Shall be appointed to Represent 
his Excellency at Albany the Propositions which they are to make to 
the Indians conformable to the methods allways observed on the like 
occasion and lately practiced by the Governours of Virginia and Pen- 
silvania, and that the said propositions be made publicklj' in presence 
of the Persons that are or shall be appointed to Represent his Excel- 
lency and that the Interprete[r] of this province be imployed in mak- 
ing the said Propositions to the Indians and receiving their Answer 
which is likewise according to constant practice. 

The Board are further of Opinion That upon assurance given by 
the Government of Boston to the Commissioners of Indian affairs at 
Albany that the Expences of the message to the Indians and of their 
Subsistance during the Treaty shall be defrayed by that Government ; 
that the said Commissioners may dispatch a messenger to Summon the 
Indians to come to Albany on the 20"* of may next to Treat with the 
said Deputys of Boston which is the Sole reason of sending for them 

> Sic. 



[3d Sess.] Province Laws {Besolves, etc.). — 17 22-2i^. 271 

at present and that the number of the five Nations who shall come do 
not exceed Seventy Persons reckoning Men Women and Children 

In the House of Representatives Read & Concurred. [Passed Ja^i- 
uary 17. 



CHAPTEK 328. 

RESOLVE FOR EMITTING THE SUM OF £20,000, IN BILLS OF CREDIT; 
£5,000 IX 1725: £L5,000 IN 1726; ORDER ALLOWING TAXES TO BE PAID 
IN GOODS &c^. 

Resolved, That the Treasurer be & hereby is directed to Issue forth Legislative 
& Emitt the Sum of Twenty Thousand pounds in Bills of Credit on council, xi., 

this Province, to be delivered to him by the Committee appointed to ^ 

make the Sum of Fortj^ Thousand Pounds by a Resolve of this C ourt, House Jour- 
this present Session, for the Necessary defence & Support of the Gov'"' Province 
& the protection & preservation of the Inhabitants thereof, to be Used posIfp/2'73"^' 
ik, disposed of as is hereby directed, in Manner Following, Viz'. chap. 33L 

That the Sum of Twelve Thousand Five hundred pounds, of the 
aforesaid Twenty Thousand pounds be and hereby is appropriated, to 
& for the Supplying & Supporting & paying the Charge of Castle Wil- 
liam & the other Forts & Garrisons, wuthiu this Province As also the 
Soldiei'S, with With^ the officers AY ages, arising for their Service (pro- 
vided the Muster, Rolls, or any Accompts of Charge, & Expeuce, on the 
Castle, Forts & Garrison, Shall not be paid, Untill Such Muster Roll 
& accompt of Charge or Expence, hath been Examined and allowed 
of b}" this Court) According to Such Draughts as Shall be from time 
to time made upon him by Warrant under the Hand of the Gov"" or 
Commander in Cheif, with the advice & Consent of the Council, & 
that the aforesaid sum of Twelve Thousand Five hundred pounds be 
drawn out of the Treasury, for the Ends & Uses above Appropriated 
only. 

That the Sum of Seven Thousand pounds part of the aforesaid Sum 
of Twenty Thousand pounds be «fe hereby is appropriated to & for 
defreying, the Charges of this Government already arisen & for pay- 
ment, of all Grants Stipends, Salaries allowances, Bounties & prte- 
miums, made & to be made by this, Court, The Draughts to be made 
upon the Treasurer for any part of the aforesaid, Seven Thousand 
pounds to be by Warrant, -as above Written, and that the aforesaid 
Seven Thousand pounds be drawn out of the Treasury for the Ends 
& uses above Appropriated only. 

And That the Sum of Five hundred pounds, being the Residue, & 
remainder of the Said Sum of Twenty Thousand pounds be & hereby 
is appropriated for the payment of Expresses dispatch** for the Ser- 
vice of this Government, together with all other Necessary Unfore- 
seen Charges arising in the Recess of this Court, That demand Prompt 
payment. Provided alw-ays that the Several Draughts, made upon the 
Treasurer as aforesaid do Express & declare out of which appropriated 
Sums the Money is to be paid. And the Said Bills Shall pass out 

of the Treasury, at the Value therein Expressed, P^quivalent to Money 
& Shall be so taken & accepted in all publick payments and that the 
Duties of Impost & Excise Shall be a fund & Security for the Repay- 
ment & Drawing in the Said Bills into the Treasury again, So far as 
that will reach. 

And as a further Funds ^ & Securit}^ for the Same, It is, further 

1 Sic. 



272 



Province Laws {Resolves, etc). — 1722-23. [Chap. 329.] 



Resolved, That there be & hereby is Granted to his Most Exel- 

lent Majesty for the Ends & Uses aforesaid, & no other Ends & uses 
whatsoever, a Tax of Plve Thousand pounds be Levied upon. Polls & 
Estates, both Reall & personall, 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 One Thou- 
sand Seven hundred & Twenty Five & paid into the Treasury, on or 
before the last day, of December Next after. 

And that the Further Sum of Fifteen Thousand pounds being, the 
remainder of the Said Sum of Twenty Thousand pounds Be Levied 
upon Polls & Estates, both reall & personall, within this Province, Ac- 
cording 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 One Thousand Seven hundred & Twenty Six, & paid into the 
Treasury, on or before the last day of December, next after,. 

And Whereas through the Scarcity, of Bills of Credit, It may then 
be difficult, for persons to Convert the produce, of their Lands into 
Bills & pay their rates, in them. It is further 

Ordered, That the Inhabitants of this Province, Shall have Liberty (if 
they See fit) to pay the Several Sums, That Shall be on them respec- 
tively Assesed, in the Several Species hereafter Mentioned at Such 
Moderate, Rates & Prices, as the Great & Geuei'all Assembly, Shall 
Set them at ; Viz' in Good BU : Beef & Poi-k, Wheat, Barley, Rye, 
Indian Corn, Oats, Flax Hemp, Bees Wax, Pease, Butter in Firkins, 
Cheese, Hides tann'' Leather, Dryed Fish, Mackrell in Barrells, Oyl, 
Whale Bone, Bay-Berry Wax, Tallow, Pitch, Tar & Turpentine ; which 
Species, shall be received by the Treasurer of the Several Constables 
& Collectors, & by him disposed of to the Best advantage, for the Call- 
ing in of the Said Bills into the Treasury again ; & if any Loss Shall 
happen by the Sale of the afoi'esaid Species, or any other unforeseen 
Accident, that Shall Arise, That Such deficiency Shall be made Good by 
a Tax of the Year Next following. So as fully & Effectually to Call in 
the Whole Sum, of Bills Emitted as aforesaid. \_Passed January 18. 



CHAPTER 329. 



RESOLVE ALLOWING PAYMENT OF CP^ BARKERS MUSTER ROLL. 



Legislative 
Records of the 
Council, xi., 
500. Mass. 
Arcliives, xci., 
38a. 

Mass. 

Archives, xci., 
36-38. House 
Journal, p. 59. 



A Muster Roll of the Company in his Majesties Service, under 
the Command of Cp' Francis Barker, Contain^ an Acco' of Wages, due 
to them for their Service, from Febr>' 28"^ 1721, to Nov' 6"^ 1722, Amo' 
to the Sum of £895. 17. 11. 

[Read, accepted and] 

Resolved that the sum of Eight hundred ninty five pounds seventeen 
shillings & eleven pence be allowed and paid out of the Publick Treas- 
ury to the Officers & souldiers born on the same, being the full amount 
of the Wages thereof to discharge the same, and further that the Treas- 
urer make good to the Province the sum of five pounds twelve shill ' and 
ten pence, so much said to be supplyed .John English by the Coihisary 
&c in part returned runn ' until he or his substitutes can make it ap- 
pear, that the s'' I^ngli^h actually received s'' sum of the Publick Stores. 
\_Passed January 18. 

> Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1722-23. 273 

CHAPTER 330. 

RESOLVE FOR PAY" COLL: BUCKMINSTER SOLDIERS SUBSISTENCE. 

Resolved that the sum of Two hundred twenty one pounds Five shil- Rifords'of the 
lings be allowed and paid out of the Publick Treasury to CoU" Joseph council, xi., 
Buckminster to be by him paid to the several persons, that have ad- Arcw^vesTxci., 
vau'd any subsistanee to the Officers and souldiers born on y'' several 5r^ 



Muster-rolls sis^ned by Thomas Buckminster and Samuel Willard serg" House Jour- 

nal D 73 

and Josiah Willard Corporal the treasurer first subducting what sub- Ante,'-p.i^, 
sistance he has already supplyed either of them with. \_Passed Jan- ciiap. 326. 
uary 18. 



CHAPTER 331. 

RESOLVE FOR MAKING £40,000 IN BILLS OF CREDIT: W^ PAYNE ESQ* 
APPOINTED A SIGNER OF BILLS OF CREDIT. 

Resolved That the Committee who made the last Bills of Credit on Legislative 
this Province, be desired & directed to print off, & Finish as Soon as councif, xl^^^ 

may be the Sum of Forty Thousand pounds. Thirty Five Thousand ^ 

pounds, thereof from the plate of the Highest Denomination, Four Legislative 
Thousand pounds thereof From the Plate of the Middle Denomination, council^ x., ^ 
& One Thousand pounds thereof from the plate of the Lowest Denomi- j^^yj-n^J'^^o 
nation ; & Deliver them when Finished to the Treasurer of this Prov- Province 
ince, Tak° his Receipt for them, the Said Committee to be paid, for ^fap^4\^;{.]^| 
their Sei-vice as for the Bills Last made, That Twenty Thousand chap. 136; 327, 
pounds thereof be Issued, out by the Treasurer, for the Service of ^/fite," p. 271, 
this Province, according to the Resolve of this Court, at their present chap. 328. 
Session, The Remaining Twenty I'housand pounds to be kept in his 
hands till further Order and that William Payne, Esq'' be added to 
the Committee, for Signing Bills Instead, of John White Esq' Dec*^. 
\_Passed January 18. 



CHAPTER 332. 

RESOLVE ALLOWING £250 TO Y^ L^ GOV 



Resolved That the Sum, of Two hundred, «fe Fifty pounds be allow*^ RifordTofthe 
And paid out of the publick Treasury to his Honour William Dummer Council, xi., 

Esq' \} Gov' & Commd' in Cheif , of this his Majesties Province for his — 

Support in Managing y^ affairs of the Govern'. \_Passed January 18. ^^x^^^/Iq^^' 



CHAPTER 333. 

RESOLVE ALLOWING £30 TO V' CLERK OF Y« HOUSE. Legislative 

Records of the 
Council, xi.. 

Resolved That the Sum of Thirty pounds be allowed & paid out of 5"2. 
the publick Treasury, to William Payne Esq' Clerk of the House for House Jour- 
his Service the Year Currant. \_Passed January 18. nai, p. se. 



274 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 334-337.] 



CHAPTER 334. 



Legislative 
Records of the 
Council, xi., 
50-2. 

House Jour- 
nal, p. 86. 



RESOLVE ALLOWING £15 TO Y« CLERK OF Y^ HOUSE. 

In the House of Representatives, 

Resolved^ That the Sum of Fifteen Pounds, be allowed & paid out of 
the publick Treasury, to William Payne Esq"" Clerk of this House for 
his Extrodinary Service, in preparing Votes for the Press. 

In Council, Read & Concurred. \_Passed January 18. 



CHAPTER 335. 



Legislative 
Records of the 
Council, xi., 
502. 

House Jour- 
nal, p. 86. 



RESOLVE ALLOWING £25 TO JOHN FLAGG DOOR KEEPER. 

Resolved, That the Sura of Twenty Five pounds be allowed & paid 
out of the publick Treasury to IVP John Flagg Doorkeeper to his Ex- 
ellency the Gov"" & this Court, for his Service half a Year Ending the 
Twenty Sixth of Dec'' last. \_Passed January 18. 



CHAPTER 336. 



Legislative 
Records of tlie 
Council, xi., 
502. 

House Jour- 
nal, p. 87. 



RESOLVE ALLOWING £1. 13 TO BENJ^ BAGNALL. 

An Accompt presented By Benj* Bagnall, for Cleaning «fe mending 
the Clocks in the Court House, Amo' to £1. 13/. 

[Read and] 

Resolved that, y^ Sum of one pound & Thirteen, Shillings be allowed 
& paid out of y'' publick Treasury to Benj" Bagnall in full of the Said 
Acco'. \_Passed January 18. 



CHAPTER 337. 



Legislative 
Records of the 
Council, xi., 
502. 

House Jour- 
nal, p. 29 
(June) ; p. 6<;. 



RESOLVE ALLOWING £17. 1. 3 TO JN^ CHANDLER ESQ" &c*. 

An Accompt, Signed John Chandler, Edward White & Will™ Ward, 
of the Charge of Surveying, a Tract of Land, belonging to the Prov- 
ince, Adjoining to Sherburne New Grant, Amo' to y' Sum of £17. 1. 3. 

[Read and] 

Resolved^ That, the Sum of, Seventeen pounds one Shilling & three 
pence, be allowed and paid out of the Publick Treasury to John Chand- 
ler Esq' Edward White, & W'" Ward, in full of the within Accompt. 
[^Passed January 18. 

' " Ordered," in the House Journal 



[3d Sess.] Province Laws (Hesolves, etc.). — 1722-23. 275 

CHAPTER 338. 

ORDER ArrOIXTING COMjSIISSIONERS TO TREAT WITH ¥>= FIVE NATIONS. 

In the House of Representatives, Legislative 

Ordered, That Elisha Cook & John Stoddard Esq", with Such as the councff, xiT° 

Honb'^ Board Shall Appoint, be Commissioners of this Government, ^ 

to treat with y^ Five Nations at Albany. House Jour- 

In Council, Read & Concurred, & the Honb'* William Tailer Esq"" & ^nie^'p^m, 
Spencer Phips Esq"" are Joined in the affair, (They or any three of them ^hap. 327. 
to, Act) The Resolve of this Court, for three Commissioners only, Not- 
withstanding. 

In the House of Representatives, Read & Concurred. [^Passed Jan- 
uary 18. 



CHAPTER 339. 

ORDER FOR SELLING PROVINCE LANDS NEAR SHERBURNE & THE 

PROVINCE LINE. 

In Council ' Rlfords^of Hie 

Ordered, That a Tract of Province Lands adjoining to Sherburne Council, xi., 

Lands, & the Province Line ^ lately Survey*^ by John Chandler Esq"" M' ^ 

EdwMVhite & M'"W"'Ward, and a Piatt thereof by them returned into ^^^j)'^^ ^7^"''- 
this Court, be Sold to the Highest Bidders after publick Notice has Ante,'\).in, 
been Given Some Convenient time before the Sale, The Money to be ^^^^' ^'' 
received for the Said Land to be paid in to the publick Treasury, & 
that Paul Dudley Esq'' with Such As the Honb'" House of Representa- 
tives, Shall appoint, be a Committee to Sell the Said Lands Accord- 
ingly &, be Impowered to Give Good & Sutficient Deeds in the Law for 
the Same. In the House of Representatives Read, & Concurred, & 

John Quincy Esq"' & Benj" "Whittamore, are added to them, the day of 
Sale to be on the First Wednesday, in April Next at the Green Dragon, 
in Boston, Agreed in Council. \_Passed January 18. 



CHAPTER 340. 

RESOLVE ALLOWING £18. 2. 3 TO RICHARD HALL. 

An Accompj Presented By Richard Hall of the Entertainment of R|ford"of the 
Several Committees of the Representatives, Amo' to, the Sum of Council, xi., 
£18. 2. 3. ^ . 

[Read and] 

Resolved, That the Sum of Eighteen pounds Two Shillings & three 
pence, be allowed & paid out of the publick Treasur}' to M'' Rich'' Hall, 
in full of this Accompt.- \_Passed January 18. 

' Instead of the words " adjoining to Sherburne Lands, and the Province Line," the 
House Journal reads, " Petitioned for by Sherborn and Framingham." 
^ Not in the House Journal. 



276 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 341-344.] 



CHAPTER 341. 



ORDER FOR AN ASSISTANT TO Y^ TREASURER TO DELIVER STORES 
FOR Y*= EASTERN FORCES. 

Records*of the Ordered, That the Treasurer, be directed to send A Suitable person 
Council, xi., to the Eastern parts to be an Assistant, to him in taking Care of the 

— '- Provisions & stores that are Sent down for the Supply of the Forces, 

Su^p^se!"^ & to deliver them to the Several Captains. [Passed January 18. 



CHAPTER 342 



RESOLVE ALLOWING £8. 0. 6 TO JOS: MARION. 



Legislative 
Records of the 
Council, xi., 

504. 

House Jour- 
nal, p. 86. 



An Accompt presented by Jos : Marion, of Writing by him done for 
the General Assembly, Amo' to the Sum of £8. 0. 6. 

[Read and] 

Resolved, that, the Sum of Eight pounds & Six pence be allowed &, 
paid out of the publick Treasury to M'' Jos : Marion, in full discharge 
of the Said Accop'. \_Passed January 18. 



CHAPTER 343. 



VOTE ALLOWING CAP^ SAM^^ HINKS PROPOSAL IN REGARD TO REPAIRS 

AT FORT MARY. 



Legislative 
Records of the 
Council, xi., 
505. 



A Proposall of Cap' Samuel Hinks, That he may have a New Car- 
riage, for one of the Great Guns at Fort Mary, and y' the Rest of the 
Carriages may be repaired. That he may Rebuild a Small Chimney, 
that is now Unfitt for Service, and that the Gundaloe may be repaired 
& made fit for Service 

Read & allowed.^ [Passed January 18. 



CHAPTER 344. 



RESOLVE ALLOWING £3 TO JAMES BRENTNALL. 



Legislative 
Records of the 
Council, xi., 
605. 

House .Jour- 
nal, p. 82. 



An Accompt presented by James Brentnall of the Charges of his 
going Express to take up Deserters, amo' to the Sum of £3. 13. 9. 

[Read and] 

Resolved, that the Sum of Three pounds be allowed, & paid out of 
the publick Treasury to James Brentnall the Accomptant in full dis- 
charge, of the above Accompt. [Passed January 18. 

' Not in the House Journal. An earlier petition of a similar nature had been dismissed 
August 16, 1722. — House Journal, p. 12. 



[3d Sess.] Province Laws (Resolves, etc.). — 1722-23. 277 

CHAPTER 345. 

ORDER ON JOHN JOHNSONS PETITION FOR LAYING OUT OF LAND. 

A Petition of John Johnson of Woodstock Praying that a Grant of Rgfords'onhe 
Two hundred^ Acres of Land made to the Petitioners Father, in the Council, xi., 
Year 1659, may be laid out & Coniirmed to his Heirs, Read & — 

Ordered, That the prayer of the petition be Granted, provided it be na^if. 25."'^" 
not ah'eady taken up, & Elntrench not upon any former (irant, to be laid ' 

out by a Surveyour & Chain Men under Oath & a Return thereof to be 
made to this Court, in a Twelve Month's time. \_Passed January IS. 



CHAPTER 346. 

ORDER FOR JOINING JOHN CHIPMAN ESQ« ON ¥= AFFAIR OF Y^ CHEBA- 

QUEDOCK INDIANS. 

Ordered, That John Chipman Esq"" be Joined, with Meletiah Bourne Legislative 
Esq^ & Simeon Butler in Calling the Executors, of Benj" Haws Esq-^ coundf, xi."'® 
late of Martha' Vineyard Dec'^ to Accompt respecting the Claims, made soe. 
upon the Estate of the Sachem of Chebaquedock, And that they or any Hoiise .Jour- 
two of them make their Report to this Court, at their Session in May ^nie,'^%i\), ' 
next. ^Passed January 19. chap'. 261. 



CHAPTER 347. 

RESOLVE ALLOWING £2. 12 TO JOS: HILLER. 

An Accompt presented by Joseph Hiller, of writing by him done for Legislative 
the Service of the General Assembly, Amo' to the Sum of £2. 12/. counSf, xl!*"® 

[Read and] sos. 

Resolved That the Sum of Two pounds & Twelve Shillings be allowed House Jour- 
and paid out of the publick Treasury to M' Joseph Hiller, in full of the °^^' ^- ^^" 
within Accompt. [^Passed January 19. 



CHAPTER 348. 

ORDER AJSTNEXING LANDS ADJACENT TO DORCHESTER TO THE COUNTY 

OF SUFFOLK. 

Ordered ; that the Tract of Land, to the West ward of the Heap of Legislative 
Stones, & Stake in the path. Leading from Bantry to Bridgewater and Councif, xi.! ^ 

adjacent to the Township of Dorchester, be &, hereby is annexed unto, ^^ 

& do henceforth Lye within the Jurisdiction of the County of Suffolk, -^nfe, p. 226, 
provided it be not understood in any wise to affect the property, of ^ ^^" 
Land, And that the Committee, appointed at this present Session, 
to run the lines between the Said Lands & the Town of Dorchester, 

> In the House Journal, " 250." 



278 



Province Laws {Resolves, etc.). — 1722-23. [Chaps. 349-352.] 



If they find any persons have Got into possession of the premises do 
forthwith direct the Attorney Geuerall, to bring a Writt of Trespass & 
Ejectment against all Such, And that they make Report, of their pro- 
ceedings, to this Court as Soon as may be.^ \_Passed January 19. 



CHAPTEK 349. 



liegislative 
Records of the 
CouDcil, xi., 
506. 

House Jour- 
nal, p. 87. 



RESOLVE ALLOWING £5 TO M^ JOS: SEWALL. 

Resolved, That the Sum of Five pounds be allowed & paid out of the 
publick Treasury, to the Revr*^ M' Joseph Sewall, for his Good Service 
in praying with the House. [^Passed January 19. 



CHAPTEE 350. 



RESOLVE ALLOWING £14. 16. 4 TO JOHN GOOCH. 



Legislative 
Records of the 
Council, xi., 
509. 

House Jour- 
nal, p. 88. 



An Accompt presented, by John Gouge, of Disbursments on the 
Commissioners, & for Transporting Stores, Amo' to the Sum of £14. 
16. 4. 

[Read and] 

Resolved That the Sum of Fourteen pounds Sixteen Shillings & Four 
pence, be allowed & paid out of the publick Treasury to M' John Gooch, 
in full of the within Accompt. \_Passed January 19. 



Legislative 
Records of the 
Council, xi., 

509. 

House Jour- 
nal, p. 87. 



CHAPTER 351. 

RESOLVE ALLOWING £3 TO JOHN CLARK ESQ» SPEAKER. 

In the House of Representatives, 
Resolvf'd That the Sum of Three pounds, be allowed & paid out of 
the publick Treasury to John Clark Esq"^ Speaker to y^ House, of Rep- 
resentatives, being for So much he advanced, by Order of this House 
for the publick Service, In Council Read & Concurred. \_Passed 

January 19. 



CHAPTER 352 



Legislative 
Records of the 
Council, xi., 
509. 

House Jour- 
nal, p. 37. 



RESOLVE ALLOWING £9. 19. 7 TO W" PATTIN. 

An Accompt presented by William Pattin, of Expences of Commit- 
tees, of y* Representatives at his house Amo' to the Sum of, £9. 19. 7. 

[Read and] 

Resolved that the Sum of Nine pounds Nineteen Shillings, & Seven 
pence ^ be allowed & paid out of the publick Treasury, to M' W" Pattin, 
to discharge his Accompt. [^Passed January 19. 

> Not in the House Journal. 

2 The House Journal reads, £19. 14. 6. 



[3d Sess.] Province Laws (i?esoZves, ete.). — 1722-23. 279 



CHAPTEK 353. 

RESOLVE ALLOWING £15 TO JOSHUA PARKER. Legislative 

Records of the 
Council, xl., 

Resolved^ that y^ Sum of Fifteen pounds be allowed & paid out of soa. 
y" publick Treasury to Joshua Parker, to discharge his Ace' Exhibited Legislative 
this session for the publick Service ; ^ by Order of the House. [Passed counclf x'i"'° 
January 19. To.rXv"^^. 

CHAPTER 354. 

ORDER ON PETITION OF DIVERS INHABITANTS OF Y= EAST END OF 
TAUNTON NORTH PURCHASE. 

A Petition of Divers Inhabitants of the East End of Taunton North R^fo^rds of the 
purchase, praying to be Set off a Seperate Township or precinct by a Council, xi., 

Line reported by John Feild, Ephr" Howard & John White, in the ^— — ; 

Year 1718, & pursuant to the Order of the General Court, that they Recordfofthe 
Should be Sett off, when thev are Capable of Setling & Maintaining Council, x., 

23S House 

a Minister, as they Apprehend they now are, & that they may have journal, p. 87. 
half the Land of y* north purchase ; In the House of Representa- £^*^^yg"i*"x 

tives Read & chap.'ioo!' 

Ordered, That the divisional Line, between the East End of Taun- 
ton, North purchase, & the other part of Norton, be according to, 
the Report of Mess" John Field, Ephraim Howard and John White, 
a Committee appointed by this Court, on y^ 12* of Nov"' 1717, to run 
the Same, In Council, Read & Concurred & that the East End 

of Taunton north purchase, be Constituted a Seperate & distinct pre- 
cinct, according to the S'' Line, 

In the House of Representatives, Read & Concurr'd. \_Passed Jan- 
uary 19. 

> " An Aceompt presented by Joshua Parker, of the Charge of y« Hearing of the Com- 
plaints, ags' Coll: Buckminister, Amo' to the Sum of £17. 10/." — Legislative Records of 
the Council, xi., 505. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1723-24. 



[281] 



LEGISLATIVE LIST' 



1723-24 



The Honorable TM^LLIAM DUMMER, Esq., Lieut. Governor, 
Captain-General and Governor-in-chief, etc. 



JOSIAH WILLARD, 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 
Samuel Sewall 
Penn Townsend 
John Appleton 
Samuel Patridge 
Edward Bromfield 
Nathaniel Norden 
Benjamin Lynde 
Addington Davenport 



TH03IAS Hutchinson 
Samuel Brown 
Thomas Fitch 
Edmund Quinct 
Esqrs. Adam Winthrop 

Jonathan Dowse 
Paul Dudley 
Samuel Thaxter 
John Turner 



Esqrs. 



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

Isaac Winslow, John Cushing «fe John Otis, Esqrs. 

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

John Wheelwright, Joseph Hammond & Charles Frost, Esqrs. 

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

Spencer Phips, Esq. 

1 See Legislative Records of the Council, xi., 513-516. 
[283] 



284: Province I^aw^ {Resolves, etc.). — 1723-24., [Representatives.] 

For the Province, at large : — 
Nathaniel Payne & Jonathan Belcher, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
May 29, 1723 to Ai)ril 23, 1724. 



Mr. JOHN 
County ok Suffolk. 
Boston, . . . John Clark, Esq., 
Elisha Cooke, Esq., 
Mr. Isaiah Tay, 
Mr. Ezekiel Lewis. 

. Col. William Dudley. 

. Col. Robert Spurr. 

. Major John Quincy. 

. Joseph White, Esq. 

. Mr. Thomas Loring. 

. Mr. Thomas Fuller. 

. Mr. Henry Adams. 

. Mr Daniel Taft. 

. Mr. Edward Gay. 

. Mr. Edward White. 

. Mr. Thomas Kingsberry. 

. Capt. Ephraim Tucker. 



Boxbury, 

Dorchester, 

Brantrey, 

Weymouth, 

Hingharn, 

Dedham, 

Medfeild, 

Mendon, . 

Wrenthain, 

Brooklyn, 

Needham, 

Milton, . 



County of Essex. 
Salem, . . . Capt. Peter Osgood, 
' Capt. Daniel Epes. 
Ipswich, . . . John Wainwright, Esq., 

Mr. Thomas Choat. 
Newbury, . . Capt. Henry Rolfe, 

Mr. Joseph (ierrish. 
Lynn, . . ■ Mr. Richard Johnson. 
Mbl'Mad, . . James Cawley, Esq. 
Haverill, . . Mr. John Saunders. 
Boivley, . . . Capt. Samuel Piekard. 
Salisbury, . . Mr. Isaac IMorrell. 
Andover, . . Mr. James Fry. 
Boxford, . . . Mr. Joseph Hale. 
Bradford, . . Mr. Thomas Carleton. 
Beverly, . . . Mr. John Thorn Dyke. 
Wenham, . . Mr. William Fairfeild. 
Olocesier, . . Mr. James Say ward. 
Tojisfeild, . . Mr. Timothy Perkins. 
Amesbury, . . Mr. Thomas Iloite. 

County of Middlesex. 

Cambridge, . . Jonathan Remington, Esq. 
Charleslown, . Charles Chambers, Esq., 

Henry Phillips, Esq. 
Watertown, . . Jonas Bond, Esq. 
Concord, . . . Mr. Benjamin Whittemore. 



CLARK, Speaker. 

County of 

Newtoiv7i, . . 
Sudbury, . . 
Marlboro, . . 
Sherburn, . . 
Medford, . . 
Lancaster, . . 
Orotton, . . . 
Framimjham, . 
Chelmsfo?'d, 
Billerica, . . 
Woburn, . 
Reading, . . 
Maiden, . . . 
Lexington, . . 
Sto'w, . . . . 
Leicester, . . 

COUN 

Springfield, 

Northampton, 

Hadley, . 

Westfeild, 

Eatfeild, 

Suffeild, . 

Brookfield, 



Middlesex — Concluded 
Mr. Ebenezer Stone. 
Hopestill Brown, Esq. 
Mr. Caleb Rice. 
Mr. Samuel Bullard. 
Mr. Samuel Brooks. 
Mr. Jabez Fairbanks. 
Mr. Benjamin Prescott. 
Col. Joseph Buckminster. 
Mr. Stephen Peirce. 
Mr. George Brown. 
Mr. Daniel Peirce. 
William Bryant, Esq. 
Mr. Samuel Bucknam. 
Capt. Joseph Estabrook. 
Mr. Nathaniel Ilapgood. 
John Menzies, Esq. 

TY OF Hampshire. 
John Pyncheon, Esq. 
John Stoddard, Esq. 
Mr. Luke Smith. 
Mr. Daniel Bagg. 
Mr. Thomas Hastings. 
Mr. John Austin. 
Mr. Joseph Jennings. 



Cou 

Plimouth, . 
Scituate, . . 
Marshfeild, . 
Duxbury, . 
Bridgewaier, 
Middleboru, . 
Rochester, . 
PlimiJton, . 
Pembrook, . 



NTY OF Plimouth. 
. Josiah Cotton, Esq. 
. Mr. James Cushing. 
. Isaac Little, Esq. 
. Mr. Thomas Fish. 
. Mr. Ephraim Howard. 
. Mr. Edward Thomas. 
. Mr. Joseph Benson. 
. Mr. Elkanah Cushman.^ 
. Joshua Cushing, Esq. 



County of Barnstable. 



Barnstable, 
Sandwich, 
East ham, 
Harivich, 
Yarmouth, 



Shubael Gorham, Esq. 
Col. Melatiah Bourn. 
Mr. Samuel Knowles. 
Mr. Thomas Clark. 
Capt. Ebenezer Haws. 



[Representatives!.] Province JjAws (Besolves, etc.). — 1723-24. 285 



Col NTY OF Bristoll, 
BristoU, . . . Capt. William Throop. 
Tmiidon, . . Mr. Rol)ert Crossnian. 
Swatizci/, . . Mr. Hugh Cole. 
Itehoboth, . . Mr. Jerathaniel Peck. 
Little Vompton, Mr. Joseph Southworth. 
Dighto)i, . . . Mr. Edward Shove. 
Tiverton, . . Mr. Thomas Manchester. 
Attleboru, . . Mr. John Foster. 
Norton, . . . JNIr. John Hedges. 
Dartmouth, . . Mr. William White. 
Freetown, . . Mr. John Read. 



Dukes County. 
Edgar Town, . Mr. John Norton. 

County of York. 



York, . . 


. Capt. Peter Newell. 


Kittery, . 


. Mr. Richard Gowell, Junior 


Berwick, 


. Capt. Elisha Plaistead. 


Wells, . 


. Joseph Hill, Esq. 


Arundell, 


. Mr. Alenson Brown. 




Nantuckett. 


Sherburn, 


. . George Bunker. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-ninth Day of May, A.D., 1723. 



CHAPTEK 1. 

ORDER TO Y^ COMMISSIONERS AT ALBANY IN RESPECT TO Y^ EASTERN 

INDIANS. 

Whereas The Houb''' William Tailer Esq' & the other Commissioners, Legislative 
now at Albany have by their Letter to his Honour, the Lieu' Gov"- of y" J^unt^f, xll*"® 

22'^ of may past, hinted as if there was a prospect, of y*-' Eastern Indians sm. ^ 

Submission to Such Terms, as the Maquas Shall Enjoin them relating Legislative 
to a peace with this Goverm' And in As much As the Instructions Given councif, xi.! ^ 
those Gentlem" by this Government will not allow them to Entertain, ^^^^j.j^J'"®® 
Such Motions, However, pp. 7, 8.' , 

Ordered^ that a Post be Immediately dispatched to the Commission- ^jj^^' ^ggf ^' 
ers at Albany, directing them that if any over tures of Peace Should 
be offered & press'd by the Maquas, that they Judge adviseable for the 
Goverm' to Come into, that then they dispatch the Conditions Imme- 
diately to the Generall Court, Now Sitting, & use all proper means to 
keep the Five Nations, till the Answer of this Court Shall reach them. 
[^Passed June 1 . 



CHAPTER 2. 

ORDER ON PETITION OF Y^ EAST PRECINCT OF TAUNTON N<> PURCHASE 
CONFIRMING THE VOTES. 

A Petition of the Inhabitants of the East part of Taunton North £!?*^|^g"jf(.^e 
purchase. Setting forth, that the Inhabitants met together on the 28"^ councii, xi., 

of March last & pass'd Severall Votes, Relating to the affairs of their ^ 

precinct & for the Encouragement of a Minister, to Settle among them ; ^j^°"f fp""^' 
Which Votes were pass'd in an Amicable Manner & with Good agreement Jnie, p. 279, 
among themselves, but the Said Meeting, not being Legally Warned they ^*^*p- ^**- 
Doubt that Some difficulties may hereafter arise, about the Matters then 
Voted and therefore praying that the S** Votes (annexed to the petition) 
may be Confirmed by this Court, 

Read & 

Ordered, That tlie prayer of the petition be Granted, & that the 
Votes pass'd at a Meeting of the Inhabitants of the East precinct of 
the North purchase on y^ 28"' day of March 1723 (which Votes are 
hereunto Annexed ^) be allowed Ratified & Confirmed to all Intents 
& purposes, whatsoever, Any Law Usage or Custom to the Contrary 
notwithstanding. \^Passed June 5. 

I The entry of the votes has disappeared from the records. 

[287] 



288 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 3-5.] 



CHAPTER 3. 



ORDER FOR A NEW PRECINCT IN Y= S*^' PART OF WEYMOUTH. 



Legislative 
Records of the 
Council, xi., 
523. 

House Jour- 
nal, p. 10. 
Ante, p. 220, 
chap. 175. 



Ordered that the South part of the Town of Weymouth, as the Same 
has been Sett off & bounded by a Committee of this Court, in a Report 
of the 20"' of Nov"" last, (Except as is tliereiu Excepted) be and hereby 
is Erected & made into a Precinct, and that the Inhabitants thereof, Use 
Exercise & Enjoy all Such powers & privileges as other precincts Use 
Exercise & Enjoy, So that they procure & Settle a Learned Orthodox 
Minister, amongst them, & make Suitable provision for an Honourable 
Support, & Maintenance for him and that they be therefore Exempted 
from any Charge for the Future Maintenance of the Ministry, in the 
other or Northward part of Weymouth, and that Messr' John Vincent, 
& Sam" White, (Two of the principall Inhabitants of Said Precinct) are 
hereby directed, & Impowered to Notify & Summon the Inhabitants, 
Duely Qualified, for Voters to Assemble, & meet together, for the Chus- 
ing all Precinct officers & determining the Way & Method of Future 
Meetings of s** Precinct. \_Passed June 5. 



CHAPTER 4. 



VOTE DEFERRING THE HEARING ON NEWTON AFFAIR. 



Legislative 
Records of the 
Council, xi., 
.523. 

House Jour- 
nal, p. 12. 
Ante, p. 240, 
chap. 235. 



Voted that the Hearing on Newton petition be deferr'd to To Morrow, 
at three a Clock in the afternoon, and that in the Meantime the peti- 
tioners refund to the adverse party the Money Destrained from them 
for the Maintenance of the Ministry at Newton, Contrary to the Orders 
of this Court. l_Passed June 5. 



CHAPTER 5. 



VOTE ON THE COMMITTEES REPORT REFERRING TO BILLINGSGATE. 



Legislative 
Records of the 
Council, xi., 
521, 524. 

Legislative 
Records of the 
Council, xi., 
520. House 
Journal, p. 7. 
Ante, p. 22G, 
chap. 194. 
Infra, chap. 6. 



In the House of Representatives, 

Ordered, That the Line & Bounds, between Billingsgate, & the South- 
erly part of the Town of Eastham, As described in the Report, be the 
Settled Bounds of the S** precinct and that the P^our Families, who have 
not petitioned to be Sett off to the Parish of Billingsgate, Shall remain 
with their Families & Instates & belong to the Old Parish of Eastham So 
long as the S*^ Families Shall desire it. 

In Council, Read & Concurr'd with the Amendment, Viz' Instead of 
(Four Families &(f) (Four persons. Viz' James Brown Joshua Brown, 
John Walker and Samuel Harding) & Instead of (So long ttc") (until! 
this Court Shall Order othei'wise). 

Agreed to by the Representatives. \_Passed June 5. 



[1st Sess.] Province Laws (Besolves, etc.). — 1723-24. 289 

CHAPTER 6. 

ORDER FOR MAKING BILLINGSGATE A PRECINCT. 

Ordered, Tliat the North part of the Town of Eastham (as the Same Legislative 
has been Sett off b}^ an Order of this Court pass'd at their present Ses- coiinc^f, xi.**^* 
siou (Except as is therein P^xcepted)^ be and hereby is Erected & made ^-^- 
into a Precinct, and that the Inhabitants thereof, Use Exercise & Enjoy House Jour- 
all Such powers & priviledges, as other precincts. Use J^xercise & Enjoy, !sm^Vo, chap. 6. 
So that they procure & Settle a Learned oi'thodox Minister amongst them, 
& make Suitable provision for an Honourable Support, & Maintenance 
for him, And that thc}^ be therefore Exempted from any future Charge 
for the Maintenance, of the Ministiy in the other & Southward part of 
Eastham, and That John Doan P^sq'' (one of his Majesties Justices of the 
peace for the County of Barnstable and belonging to the S'^ precinct) 
is hereby directed, & Impowered, to Notify &, Summon the Inhabitants 
duly Qualified for Voters to Assemble & meet together for Chusing all 
precinct officers, & determining the Way & method of Future proceed- 
ings of the Said Precinct. \_Passed June 5. 



CHAPTER 7. 

ORDER FOR A HEARING ON PETITION AND COMPLAINT OF NANTUCKET 

INDIANS. 

A Petition of the Indians of Nantucket, Complaining of many In- Legislative 
juries, & abuses practised, on them by the English Inhabitants of that oouu'cJu xi.*^^ 
Island, by Impounding and taking away their Horses, & Cattle, Hinder- '"'-■'^- 
ing them from the Use of their own Land, & making them pay rent for Legislative 
that which they plant on &(f & praying Redress from this Court, & that coundUx.!*"^ 
they may have a hearing of those matters, That So they may prove the ofi'J.' H^ *'*' 
truth of the things they alledge. Journal, p. 12. 

Read & Province 

Laws, IX., 494, 

Ordered, that the Inhabitants of the Town of Sherburne on Nan- chaps. 102, 103; 
tuckett^ be Served with A Copy of this petition, & that a hearing be seo,' chap! loi 
had thereon before this Court, on y^ Second Wednesday of the Fall 
Session. [^Passed June 6. 



CHAPTER 8. 

ORDER FOR ADJOURNING THE COURTS IN MIDDLESEX. 

Whereas the Court of Generall Sessions of the peace & Inferiour Legislative 

Records of the 



Court of Common pleas for the County of Middlesex are appointed by comicif, 
Law, to be held at Cambridge in the Said County on the Second Tues 



XI., 



chap. 19. 



day of June Curr' & Several of the Justices of the S*^ Court, & others House Jour. 
Concerned are members of this Court, ProvmS" 

Resolved, that In Consideration of the present Sitting of the Gen- ^,*'^^'ij,*-' °^^' 
erall Court, the S'' Court of Generall Sessions of the peace & Inferiour 
Court of Common pleas be & hereby are adjourned to the Second Tues- 
day of July Next, Any Law Usage or Custom to the Contrary notwith- 
standing. [^Passed June 6. 

• Marks of parentheses sic. 

* The House Journal reads, " in Nantucket County." 



290 



Pkovince Laws {^Resolves, etc.). — 1723-24. [Chaps. 9-11.] 



CHAPTER 9. 



ORDER ALLOWING THE CO: TREASURER OF PLIMOUTH HIS ACCt. 



Legislative 
Records of the 
Council, xi., 
525. 

House Jour- 
nal, p. 13. 



An Accompt of John Dyer Treasurer of the County of Plimouth, 
Begmning March 9'" 1721, & Ending March 7"^ 1722 

Having been Examined by the Generall Sessions of the peace for 
the Said County & by them pass'd & allowed 

Read & 

Ordered That This Accompt be allowed. {^Passed June 6. 



CHAPTER 10. 



ORDER FOR LAYING OUT 300 ACRES OF LAND ORIGINALLY 
TO WM HABBERFIELD. 



GRANTED 



Legislative 
Records of the 
Council, xi., 
.526. 

House Jour- 
nal, p. 14. 
Province 
Laws, ix., 528, 
chap. 14. 



A Petition of Tho^ Amsden & Jeremiah Barstow, for themselves 
&, other the Children & Heirs of Joseph How, late of Marlboro 
Dec**, Shewing that the General Court did in the Year 1698, 

grant unto W" Habberfield, a Tract of three hundred Acres of Land, 
which the S'^ Habberfield Sold unto Tho' How, & he to Joseph How, 
above mentioned. That the Widow of the S*^ Joseph How Employed 
a Surveyour, to Survey & take a Piatt thereof, in Order to have the 
Same Confirmed by this Court, which platt was approved & Accepted, 
with this Proviso, Viz' That It Entrench not, on any former Grant, but 
the Said Tract of Land being partly Included in the Grant of the Town- 
ships of Sutton made Some time before, the Court were pleased to dis- 
allow of the Said Return, & therefore praying that, they may have Liberty 
to lay out the S'^ Three Hundred Acres, In some other Free & LTngranted 
Land of this Province, & the platt thereof to be returned, to this Court 
for Confirmation. 

Read & 

Resolv'' That the Three Hundred Acres of Land Granted to William 
Habberfield as Set forth in the petition, be laid out in Some Unappro- 
priated Lands of this Province, by a Survey' & Chain men, under Oath, 
& a platt thereof returned to this Court within Twelve months for Con- 
firmation. [Passed June 7. 



CHAPTER 11. 



Legislative 
Records of the 
Couucil, xi., 
527. 

House Jour- 
nal, p. 11. 



VOTE FOR A GUARD VESSELL FOR Y^^ FISHERY. 

A PETITION of a Considerable Number of persons, belonging to Salem, 
Marblehead & other Towns in the County of Essex, who are Concerned 
in The Fishery, Shewing that many of their Vessells were the Last Year 
taken by the Indians on the Coast of Nova Scotia, & Several of their 
men Murdered in A Barbarous Manner, by which means a great part 
of the Fishing Season was lost, and that the like Inconveniencies may 
probably happen to them this Summer unless prevented by the Care of 
the Government, & therefore praying that Some Suitable, Vessell, well 
Mann'd may be fitted out, & Employed, to Guard the Fishery this Sum- 
mer from the Insults of the Indians, Read [accepted] & 



[1st Sess.] Province Laws (Resolves, etc.). — 172.3-24. 291 

Voted, that a Suitable Sloop or Some other Vessell be forthwith taken 
up, & Well Equipped & ^Nlanu'd with Thirty Five (Jood Effective men, 
including otliceis, and that She have a Whale Boat to attend her, The 
S*^ V'essell & Whale Boat to be Constantly Ranging the Sea Coasts, 
upon the Fishing Ground, between the Isles of Shoals & Cape Sam- 
boro, to the End of September, or middle of October next, as the 
Season may require, in defence of the Fishery & Securing, and pro- 
tecting them from the Insults of the Indian Eneni}' ; who are likewise 
to go into & Search among the ports & Harbours Eastward to prevent 
all trade with the Indian Enemy, and upon discovering any Such Illegall 
trade to Seize & Secure the Goods & jNIerchandize, & Vessells, Import- 
ing the Same, & prosecute the Matter be fore Some, of his Majesties 
Courts of Record in this Province, That the Master or Commander Carry 
one or more of the Acts made to prevent all trade or Commerce with, 
the Eastern Indians, And that the pay of the Sea men Shall be 

Forty Shillings p"" month & the officers in proportion. [Passed June 8. 



CHAPTER 12. 

ORDER ON M« THOMAS CRAIGHEADS PETITION IN REGARD TO HIS 
DUES AS MINISTER OF FREETOWN. 

A PETITION of Tho' Craighead late Minister of Freetown Setting Legislative 
forth that he has been put to Great difficulties for his Support in the courTclf x^ **"^ 
S'^ place, that the General Sessions of the peace for the County of 528. 
Bristoll, pass'd an Order for Stating a Salary to be paid to him Iw House .Jour- 
the Inhabitants of the S*^ place, which has not been punctually paid Province 
accord° to the Order of the Said Court, But the ijeoijle are now in i-iws, ix., 695, 

chap 110 

Arrears to him Near three hundred pounds, and therefore praying Ante',p.io, 
Relief from this Court, and that he may be Enabled to recover his ciiap. i.5«i. 
Dues, Read & 

Ordered, That the Revr"^ M' Tho^ Craighead Serve the Town of Free- 
town, with a Copy of this petition, that they Shew forth their. Reasons 
(if any they have) before this Court on ^Yednesda}' the Nineteenth 
day of this Instant June, Why the prayer of the petition Should not 
be Granted, And 'J'hat George Winslow late Constable of s** Freetown, 
Anno 1718, and Tho* Durfey Constable as aforesaid. Anno 1719, & 
M"" John Barney Deputy Sherriff of the County of Bristoll, (to whom 
was Committed a Rate of £32. 10/. for the Use & Support of M' Craig- 
head, being a List of a Tax of what was to be Collected by Jn" Ilath- 
way, Jun"" Late Constable of S*^ Town Anno 1717, who Died, before 
Collecting the Said Rate) be & hereby are directed and ordered, to 
attend at the Hearing aforesaid, to Shew Cause why they & Each of 
them have not duely Collected the Sums Committed to them Respec- 
tively to Collect, & paid the Same to M'' Craighead, as directed by their 
Warrants. \_Passed June 8. 



CHAPTER 13. 

ORDER ON RICHARD HENCHMANS PETITION FOR LICENSE AS INN- 
HOLDER. 

A Petition of Richard Henchman, Shewing that for many Years he Legislative 
has taught School in the Town of Boston, but by reason of his Lame- councf f xl**** 
ness, & advanced age, has been lately reudrer'd Uucapable of that o30. 



292 



Province Laavs (i^e.soZve.s, etc.). — 1723-24. [Chaps. 14, 15.] 



House Jour- 
nal, p. 19. 
Province 
Laws, ii., 203, 
chap. 1. 



Work, & thereupon has Obtained a Licence for Retailing of Strong 
Drink, & having laid out what he has had for a Stock of Liquors, to 
Carry on that Buisiness, he has by the difficulty of the times, been 
kept out of the money due to him in that trade, which has made him 
Uucapable of Satisfying the Commissioners of Excise, for what is due 
to them by Law, So y' he is rendered Uncapable of having his Licence 
renewed, during the Continuance of the Excise Act, Unless by the Par- 
ticular Favour &, Indulgence, of this Court, & therefore pi'aying that 
this Court, would. Grant him a Licence, to retail Strong Drink That 
So he may be Enabled to Support his Family. 

Read & 

Ordered., That the Select Men of y*= Town of Boston & the Justices 
of the peace for the County of Suffolk (at their Next General Sessions) 
be & hereby are Authorized and Impowered, to Grant unto the peti- 
tioner a Licence to Retail Strong Drink, If they See Convenient, Pro- 
vided he first Satisfy the Commissr' of Excise for the duty of Excise 
remain" Unpaid ; Any Law, Usage or Custom to the Contrary not with- 
standing. \_Passed June 11. 



CHAPTER 14. 



RESOLVE ALLOWING £40 TO ELIZABETH STRATTON. 



Legislative 
Records of the 
Council, xi., 
630. 

House Jour- 
nal, p. 18. 
Ante, p. 252, 
chap. 273. 



A Petition of Elizabeth Stiatton, Shewing that her Husband John 
Stratton Dec*^ was Master of the Sloop George a Transport in the Ser- 
vice of this Province, & that in passing Kennebeck River, in the Said 
Sloop he was Dangerously, Wounded, by the Indians, of which wounds 
after many months Languishment, he died, Having Contracted a Con- 
siderable debt to his Surgeon, and that the petitioner is now left in 
very poor Circumstances, «fe without any means for the Support of Her 
Family, and therefore praying that the Doctors Accots : may be paid 
by the publick, & that She may have Such other relief as this Court 
Shall think Meet,, 

Read & 

Resolved that the Sum of Forty pounds be allowed & paid out of y* 
publick Treasury to Elizabeth Stratton the petitioner for the reasons 
Sett forth in her Petition. \_Passed June 11. 



Legislative 
Records of the 
Council, xi., 
531. 

House Jour- 
nal, p. 20. 
Ante, p. 232, 
chap. 210. 
Infra, chap. 16. 



CHAPTER 15. 

ORDER ON COMMITTEES REPORT FOR STATING V MEETING HOUSE IN 
Y= NEW PRECINCT IN MIDDLEBORO AND TAUNTON. 

Pursuant to An Order of the General Court of this Province, at 
their Session in Nov"' last, relating to their appointing a place, for 
the Setting a Meeting House in the Precinct made part out of the 
Town of Middleboro & part out of the Town of Taunton, Wee the 
Subscribers having repaired to Said Precinct, Viewed the Severall 
parts thereof & heard the pleas and allegations of the Inhabitants 
relating to that affair Do : agree & detirmine, that the place for the 
Standing of the Said Meeting House Shall be within the Town of Mid- 
dleboro on the Southerly, Side of the High Way, Leading from Said 
Middleboro, to Freetown, about Six Rods from the Said Way and 
against the Westerly part of the pond, that is on the Northerly side of 



[1st Sess.] Province Laws {Resolves, etc.) . — 1723-24. 293 

the High Way about Fifty or Sixty Rods Westerly of Tho' Joeelyns 
Dwelling House. 

Read & 

Ordered, That this Report be accepted, and that the Meeting house 
for the New Precinct in Middleboro & Taunton be placed accordingly. 
\_Passed June 11. 



CHAPTER 16. 

ORDER ON ACCOMPT OF CHARG^ IN STATING THE PLACE FOR MIDDLE- 
BORO MEETING HOUSE. 

An Accompt of the time & Expences of John Cushiuo; & Samuel Legislative 

Records of the 

Thaxter Esq" (a Committee of this Court) in the affair of Stating the Council, xi., 

place for the Meeting house in the New Precinct in Middleboro & Taun- ^ 

ton, Amo' to the Sura of £4. 10/. House Jour- 

' , p ' nal, p. 21. 

Iteaci «& Supra, chap. 

Ordered, That this Accompt be allowed, & that the Inhabitants of the ^^' 
New Precinct in Middleboro & Taunton take Care to See the Same forth- 
with paid to y^ Accomptants. \_Passed June 12. 



CHAPTER 17. 

VOTE FOR A NEW COMMITTEE FOR BRINFIELD. 

The Committee appointed by the Great «fe General Court of the Legislative 
Province of the Massachusets Bay, begun & held at Boston, Nov'' 15'*^ councff xi "^^ 
1722, Having Repaired to Brinfeild, and being Attended there by the 633. 
former Committee, Viz' Cap' Tho' Colton M"' Stebbins, M' Glover & M'' Maps and 
Morgan, & having Enquired into the. Reasons of the Greivances of LegisiaTiVe^* 
the petitioners (the Inhabitants of Brinfeild) & Examined the Several Records of the 
Articles of the S*^ petition, &, the Replies of the S** Committee, are of 209/228!' House 
opinion. That the Said Committee have not Duely pursued the Powers 20 '^'n'^'to^' "i 
& Directions of the Hon*^ Court in Granting Lots, & Settling S*^ Plauta- Brimtieid,^^ " 
tion, and that there were Just Grounds of Complaint, as Set forth in ^Aiiie^l%^'^' 
S*^ Petition ; Particularly the Committee are of opinion, that a Greater chap! 252. 
Number of Grants have been made out than the Generall Court Intended, 
The Former Committee Acknowledge Eighty or upwards. But the peti- 
tioners Instanced in above an hundred. But the Committee Excuse them- 
selves, by Saying they Shall Declare many Lots forfeited. Which they 
have not Yet Done, because the time Limited to fuUfill the Conditions 
is not Yet Expired, Also the Committee Find Near Twenty Grants, 
made out to Non Residents, Besides one to Each of the Committee, 
where in the Grantees are not obliged to Bring forward a Settlement, 
but Some of S** Grants are by the peoples Consent 

Yet the Quantity of Acres agreed on are Greatly Enlarged by that 
Committee, to the prejudice of the Planters, 

It also appears, there have been Divers Measures of Land Employed 
thei'e and that a Due Regard has not been had that Justice might be 
done, in the Surveys there made. The Records are As Imperfect, as 
Sett forth in the petition and Many Grants, (if not the Most of them) 
are only in Loose papers as M"" Glover the Clerk informed this Com- 
mittee, (For they Saw not the papers, altho they desired M' Glover 
to Bring them with him) and many of the Grants &.(f are Signed only 



294 Province Laws {Resolves, etc.). — 1723-24. [Chap. 17.] 

iu bis Name as Clerk or Register of the Committee who notwithstand- 
ing is under no Oath for any Such Service, A Fine Frame of a Meeting 
House, raised in the Summer past, has Received Great damage, by 
being uncovered, & it So Continues to tliis day, Which the Planters 
attribute to the Committees Neglecting to raise money by a Tax to 
defrey the Charge thereof, which Tax they promised to make iu May 
last, but it is not Yet Done, Tho. M"" Glover the Register Says, It 
wanted but an Hours Work, to finish it Ever Since September last ; 
But M' Stebbins Says they were Loth to rate Some persons, Viz' Such 
as would be likely to forfeit, Lest they Should make an advantage of 
it & thereby hold their Ixjts, Altho the Conditions in other Respects 
were not fulltilled, in which they had D'' Shermans Opinion)^ as also 
that the Planters were not agreed Among themselves, how Great a 
Sum Should be raised, And that for those Reasons, it is not finished. 
As to M' Winthrops Survey, The former Committees Express them 
Selves to be wholly of opinion with the Petitioners, & y*" other Plant- 
ers, That if the s*^ Survey Should be Confirm*^ It would tend very much 
to the Discouragement of the people and Compell Severall of them to 
remove from their Settlements & Labour, & So far Weaken the Hands 
of them that Yet Might be Induced to Stay, that they will Not be able 
in a Long time to Carry an^ End the Religious Settlement of the place 
accord" to what the Honoured Court, & what the people Seem Sincerely 
to desire, & they are in Good hopes M"' Winthrop may be Well Suited 
with another Survey, without prejudice to the plantation, & more agree- 
able to the Grant of the Court & have taken pains with M'' Winthrop 
about it, though without Success, Finally the Committee are 

Humbly of opinion that if the difficulties, the Plantation now Labours 
under, with Respect to the above named particulars, were removed, 
It would be a very fine & Flourishing Plantation All, which is most 
Humbly Submitted, by 

John Chandler") 

Hen : Dwight > Committee 

Jos : Jennings ) 

P: S, Some of the Committee Express'd themselves desirous to be 
discharged being grown into years & uncapable to manage the affairs 
of the plantation 

In the House of Representatives, Upon Reading the, within Report, 
& the Petition of William Hammilton, and others Inhabitants of Brin- 
feild 

Voted, That the whole power, Trust & authority reposed by this 
Court in Cp' Thomas Colton, M' Stebbins M' Glover, & M"" Morgan 
as a Committee of the Town of Brinfeild, be and hereby is declared 
Null & Void, 

And That John Chandler & Henry Dwight, Esq" & M^ Joseph Jen- 
nings be a Committee and hereby are Constituted & appointed Trustees 
in the Room & Stead of Cp' Colton, & others the former Committee to 
Carry on & perfect the Settlement of Said Town in all Respects accord- 
ing to the True Intent & meaning of the Generall Court in Making 
Brinfeild a Township Anno 1702^ Having Special Regard to the Origi- 
nall Proprietors ; & that the Committee Rei)ort to this Court the Num- 
ber of Grants & the Names of the Grantees, that Exceed the Limitation 
made by the Generall Court, and That IVI/ Pelatiah Glover of Spring- 
field, the present Clerk of the S'' Town who has the Book & all ])apers 
of (irants (fee" of S'' Town be & hereby is directed, & Ordered to De- 
liver the Said Book and i)apers to the aboves'' Committee, That So a fair 

1 All marks of parentheses sic. 

" Sic, for, it seems, " Carry on and." See the vote following. 

3 Qumre, 1701 ? See Legislative Records of the Council, vii., 209, 228. 



[1st Sess.] Province Laws {Resolves, etc.). — 1723-24. 295 

Record may be mtide of all proceediugs, made by & in Behalf of Said 
Town The Charge of the Committee, to be born by the Inhabitants of 
Brinfeild, In Council Read & Concurr'd and the S'^ Committee 

are Impowered & directed, to Appoint a Clerk of the Said Town, who 
Shall be under Oath., 

In the House of Representatives, Read & Concurr'd. [Pa,s'.secZ Jfmel2. 



CHAPTER 18. 

RESOLVE ALLOWING £21. 9 TO D« JOHN PERKINS. 

A Petition of D'' John Perkins, Shewing that one William Wood- legislative 

xttjcorcls or Lns 

ward, a Soldier under the Comm*^ of Lieu' Pool being upon his duty, council, xi., 

discharged his Musquet which Splitt & very much broke & Shattered ^ 

his hand. Whereupon he Applied himself to the petitioner for relief, ^.^"^j® jj^"^' 
who Under took the Cure of his Wound, & By the Blessing of God, 
effected the Same, and therefore praying that the Acco' of the Charge 
of the S'* Cure Amo' to the Sum of £21. 9 may be paid to him, out of 
the publick Treasury. 

[Read, Accepted And] 

Resolved that the Sum of Twenty one pounds Nine Shillings be 
allowed and Paid out of the publick Treasury, to D'' John Perkins 
the Petitioner in full discharge of the Cure Mentioned in the peti- 
tion. [Passed June 12. 



CHAPTER 19. 

ORDER FOR A COMMITTEE ON PETITION OF ¥"= EAST PRECINCT IN 

BRIDGEWATER. 

The Petition of y" Inhabitants of the East End of the North Pre- Legislative 
cinct In Bridgewater with the answers of the other part of the North coundf, xl!^^ 
Precinct & of the South Precinct were Read & fully Considered, & the 537. 
following Vote pass'd thereon Viz' ; In Council ; House Jour- 

Ordered, that Isaac Winslow & Samuel Thaxter Esq", with Such as ^nlF/pSis, 
the Honb''' House of Representatives, Shall Appoint, be a Committee ^^^v- 2^4. 
to repair to Bridgewater, in the recess of the Court & hear the pleas 
& Allegations of all Parties, & View the Town & Consider the Scit- 
uation & Circumstances of the Several parts thereof, & make report 
whether they Judge it Reasonable, that the P2ast End of the North 
Precinct be vSett off as a Seperate Precinct ; And if So whether any 
or all of the Thirteen, or Fourteen Families prayed for from the South 
Precinct, ought to be added to them, & by what Lines the Said East 
part Should be Sett off, The Charge to be paid by the Inhabitants of 
the East End of the North Precinct, who are the petitioners ; In 

the House of Representatives ; Read & Concurr'd & 

Ordered That Josiah Cotton Isaac Little & John Quincy Esq" be 
added to the Committee for the Ends & purposes aboves''. [Passed 
June 13. 



296 



Province Laws (Besolves, etc.). — 1723-24.. [Chaps. 20-22.] 



CHAPTEK 20 



RESOLVE ALLOWING £10 TO HUGH PIKE. 



Legislative 
Records of the 
Council, xi., 
539. 

House Jour- 
nal, p. 25. 



A Petition of Hugh Pike, Shewing that Being Ensign of a Company 
in the Expedition to Port, Royall, under Coll : March he Rec'^ Several 
Dangei'ous Wounds, for which he has not been able to get any Cure, 
but they Still Continue upon him. So as to disable him from doing 
anything for the Support of himself & Family & therefore praying the 
Compassionate Consideration of this Court, & that he may be allowed 
Some thing out, of the publick Treasury for his Support. 

Read & in Answer to this petition 

Mesolved, that, the Sum of Ten pounds be allowed and paid out of 
the publick Treasury to Hugh Pike in Consideration of the Wound, 
Rec'^ as abovesaid. [^Passed June 14. 



Legislative 
Records of tlie 
Couucil, xi., 
539. 

House Jour- 
nal, p. 25. 



CHAPTER 21. 

RESOLVE ALLOWING £3 TO RICH"^ BOURNE. 

A PETITION of Richard Bourn, Shewing that in the Year 1721, there 
was a report, that a Pirate Ship was upon the Coast Near Tarpaulin 
Cove, When Coll: W"' Bassett & (the petitioners Father) Lieu' Coll: 
Meletiah Bourne Sent him to Express the News to the Gov'' & Coun- 
cil at Boston, for which Service & Expence & attendance one day on 
the Gov"" & Council at Boston he has yet had no allowance, and there- 
fore praying, That the Sum of Three pounds, may be allowed, & paid 
out of the publick Treasury to him for his Said Service, &c^ Read & 
in Answer to this petition. 

Resolved that the Sura of Three pounds be allowed «fe paid out of the 
publick Treasury to the within Named Richard Bourn the petitioner, in 
full discharge of his going P^xpress as Set forth in his petition. \_Passed 
June 14. 



CHAPTER 22. 

ORDER ON M» PEABODYS PETITION, IN REGARD TO THE LOCATION OF 

HIS HOUSE. 



Legislative 
Records ol the 
Council, xi., 
541. 

House Jour- 
nal, p. 27. 
Ante, p. 249, 
chap. 264. 



A PETITION of Oliver Peabody of Natick Clerk, Shewing that whereas 
the Generall Court, at their last session, were pleased in Answer to 
the petition of the Indian Proprietors of Natick to grant them power to 
give & Confirm to the petitioner one hundred Acres of Land & Meadow, 
within Said plantation. Viz' " Twenty Acres for an house Lott, which 
Shall be part of the Sixty Acre Lot, which was formerly Intended for 
M'' John Neesnummins, a late preacher at Natick, upon the petitioners 
Settling in the Work of the Ministry, among the Aborigines, & the re- 
maining Forty Acres of the S'' Sixty acre Lot, together with Forty Acres 
more to be Conveniently laid out," and whereas the Said Proprietors 
have Since, Pursuant to the Said Grant, Given & Confirmed, the prem- 
ises to the petitioner, and there is no Part of the S'' Sixt}' Acre Lot, 
which was designed for the S'' Neesnummins, that is Convenient for 
an house Lot, It being at Considerable Distance from the Meeting 
House, & Mills and y*" Land So Wett, & Stony that it will be hardly 



[IsT Ses8.] Province Laws {Resolves, etc.). — 1123-24:. 297 

possible to dig a Cellar there, It will be uuich more Convenient, that 
the petitioners House Should be built on tlie other part of the Land 
And therefore praying Leave & power, to take up the S'' Twenty Acres 
for an house J^ot, upon the Thirty Acre Lot, laid out to John Thomas, 
& now Given to the petitioner, where it Shall be found most Conven- 
ient, & accomadable for the End proposed. 

Read & 

Ordered, That the prayer of this petition be Granted. \_Passed 
June 14. 



CHAPTER 23. 

RESOLVE ALLOWING £39. 8. 7 TO M^ DAN^-'' POWNING. 

An Accompt presented by Daniel Pownins; of the Charge of the Pow- Legislative 
der house in Boston June V' 1723, Amo' to £100. 18. 6 and the Ballance coundi' xl!*"^ 
due to the Accomptant, being £39. 18. 7. ^^ 

[Head And] House Jour- 

Resolved, That the Sum of Thirty Nine pounds Eight Shillings & ''^'' P" '''^• 
Seven pence ^ be allowed & paid out of the publick Treasury to Daniel 
Powuing the Accomptant, in full discharge of his Ace' to the First of 
this Instant June. \_Passed June 14. 



CHAPTER 24. 

RESOLVE ALLOWING £2. 10. 2 TO RICH" DOLE J«. 

A Petition of Richard Dole J' of Newbury Praying that his Accompt Legislative 
of Ferrying Soldiers Expresses &c* for Several Years pass'd (herewith council, xi., 

Exhibited,) may be allowed & paid out of the publick Treasury, ^ 

[Read, Accepted And] naT^^ "^is^^ig 

liesolved that the. Sura of Two pounds Ten Shillings & Two pence be °'^ ' ^^" ' 
allowed & paid out of the publick Treasury to the Accomptant Richard 
Dole Jun'' to discharge his Ace*, The Treasurer having Certified, that 
nothing has been paid on the Accompt. [^Passed June 15. 



CHAPTER 25. 

ORDER GRANTING THE PETITION OF Y^ INHABITANTS OF NORTHFEILD 
TO BECOME A TOWN. 

A Petition of the Proprietors, & Inhabitants of Northfeild, Shewing Legislative 
that they have been under the Management of a Committee (appointed councn^ xl!^^ 

by the General Court) for Several Years, that many of the S*^ Commit- 543^ 

tee Live at thirty Miles Distance from the S*^ Town, which brings a House .Tour- 
Great Difficulty And Inconvenience upon the affairs of the S"^ Town, proviiire 
& that the Number of the Inhabitants is now So far Encreased, that Laws, jx., 397, 
they Judge themselves Capable of Managing the Prudential affairs of *^^'''" 
the Said place, & therefore praying that they may Enjoy all the Privi- 
ledges & Immunities of a Town as others do. 

Read & 

The House Journal reads, £39. 18. 6. 



298 



Province Laws (Besolves, etc.). — 1723-24. [Chaps. 26, 27.] 



Ordered, That y'^ Town of Northfeild be & hereby is authorized & Im- 
powered to have use Exercise & Enjoy, all Such Powers, Priviledges, & 
Immunities, which other Towns have, use, Exercise & Enjoy ; and that 
Cap' Benj'' Wright, & Lieu' P^leazar AVright, (Two of the principall In- 
habitants of the S'^ Town,) are hereb}' directed, & Impowered to Notify 
& Summon, the Inhabitants duely Qualified for Voters to Assemble, & 
Meet together for the Chusing of Town officers, to Stand untill y" Next 
Annuall Election, According to Law. \^Passed June J5. 



Legislative 
Records of the 
Council, xi., 
546. 

House Jour- 
nal, p. 28. 



CHAPTER 26. 

RESOLVE FOR CONFIRMING THE CHOICE OF JOS: SWIFT CONSTABLE 

OF SANDWICH. 

A Petition of Meletiah Bourn, Esq"" Representative of the Town of 
Sandwich in Behalf of the Said Town, Shewing that at their Annuall 
Town meeting in March last, the S'^ Town made Choice of Joseph 
Swift, for their Constable, for the Year Ensuing, Whose Answer to 
the former Constable (Sent to Notify him of the Choice) was So un- 
certain that the Inhabitants thought proper to proceed to a New Choice, 
& accordingly at Another Meeting, Chose another person, Avho declared 
his refusall in the S** Meeting, & then they Chose a third person, who 
not being present and Living at a Great Distance from the place of 
Meeting, they had not an opportunity to have his Answer in Season, 
But he refusing the Person first Elected declared he w'ould Serve If 
the Town would accept of him, which they accordingly did, ; But for 
as much, as there are Many Quakers in the Said Town who (it is 
thought) will take advantage of any Errour in the proceedings of the 
S"^ Town, which will occasion Great difficulty & Confusion, Especially 
in Collecting the INIinisters Rate, and, therefore praying that this Court 
would by their order. Confirm the Choice of the S'' Joseph Swift to be 
Constable of the S*^ Town, of Sandwich, for this present Year Any 
Slip or Mistake in their proceedings in appointing the S'^ Swift to that 
office Notwithstanding. 

Read & 

Resolved that the Choice first made by the Town of Sandwich of 
Joseph SwMft for a Constable of Sandwich, for this Year is good & 
Valid, & that the S*^ Joseph Swift is hereby declared Constable of 
y* Town of Sandwich, for the Year one Thousand Seven hundred & 
Twenty three, & untill another be Chosen in his Stead, any Law Usage 
or Custom to the Contrary' notwithstanding. \^Passed June 17. 



CHAPTER 27. 

ORDER ON PATIENCE COPPS PETITION IN BEHALF OF CHARLES & 
NATH^'^ SHORT FOR SALE OF THEIR INTEREST AS MINORS IN CER- 
TAIN PROPERTY. 



Legislative 
Re(^ordsof the 
Council, xi., 
546. 

House Jour- 
nal, p. 18. 



A Petition of Patience Copp of Boston, Shewing, that Thomas IMunt 
of Boston Died Seazed of a Small peice of Land & Flatts Scituate at 
the South End of Boston, Adjoining to the Land of INF Henry Hill, 
Which Land Descends to Rachell Cossee of Marblehead Widow, Joseph 
Marshall Cordwainer, Bartholemew Green j' Bozzun Allen Currier & 
Mary his Wife, John & Elisa : Kneeland, Deborah Green in Right of 



[1st Sess.] Province Laws (7?esoZve«, e^c.). — 1723-24. 299 

her mother Mary Green, Dec*^ & Charles Short, & Katherine Short 
Minors (to whom the petitioner is Guardian) and for as much as the 
petitioner, is fully authorized & Impowered, by the other persons In- 
terested, to make Sale of their right in the S*^ J>and and the Same being 
absolute^ unprolitable to the owners, as it now Lyes, Therefore pray- 
ing that She may be authorized, & Impowered to make Sale of the Right 
& Interest of the S'* Minors, Charles & Katherine Short, which is one 
fifth part & to Execute a LawfuU Deed, for the Same. 

Read [accepted] & 

Ordered, That tlie Petitioner have Liberty to Bring in a Bill Accord- 
ing to her petition. [^Passed June 17. 



CHAPTER 28. 

ORDER ABOUT ARREARS TO M^ ANGIERS ESTATE. Legislative 

Records of the 
Council, xi., 

Ordered, That the Committee of the Western Precinct in Watertown 547^ 



Give in their Answer to the Report relating to Arrears, due to M'' Anglers House Jour- 
Estate, on the Second, Wednesday of the next fall Session. \_Passed ^nie\f\^9, 
June 1 7. chap! 23i. 



CHAPTER 29. 

ORDER ON PUNCAPAUG AFFAIR. 



In Council ; The Board taking Into Consideration y® Circumstances Legislative 
of the English & Indians at Puncapaug respect" Such Lands as the coum-ff xV^ 
Indians have Leased, to the English, 545, 548.' 

Ordered, That Paul Dudley & Sam" Thaxter Esq" with Such as the House Jour- 
Honb'" House of Representatives Shall appoint be a Committee to repair ° w^/p^^oo; 
to Puncapaug, & Enquire into the Nature & Condition of the S*^ Leases, ciiap. 197. 
and that they may make report of the Quantity & Quality of the Land 
possessed by Each person, & under what Conditions & regulations, It 
may be proper for this Court to Confirm the Respective Leases, Having 
Equal Regard to the Indian Right & y*^ English Improvements. 

In the House of Representatives Read & Concurred, with an Amend- 
ment, Viz' The Charge to be born by the English Petitioners, And 

Ordered, That M"' Speaker M"" Chambers & M"' Remington, be added 
to the Committee, 

Agi'eed to in Council. \_Passed June 18. 



CHAPTER 30. 

RESOLVE ALLOWING £7. 10 TO Y^ COMMITTEE FOR SELLING PROVINCE 
LANDS NEAR MENDON. 

Paul Dudley & John Quincy Esq"^ & M'' Benj" Whittemore, a Com- Legislative 
mittee appointed, by the Genei-al Court, at their last Session, to Sell a councif xi.*^^ 

Tract of Province Land Lying, Near Mendon, presented an Ace' of the ^^ '__ 

Sale of the S*^ Land, with the Treasurers Reciept of the produce thereof. House .lour- 
and preferred a Memorial praying a proper allowance for their Service ^Antl'-^f^-o, 
in the S'^ affair, " chap'.m' ' 



300 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 31 , 32.] 



[Read, Accepted And] 

Resolved, That the Sum of Seven pounds, Ten Shillings be 

allowed & paid out of the publick Treasury to Paul Dudley & John 
Quincy Esq" & M' Benj" Whittamore in full for their Time in Selling 
the above mentioned Laud, & the S'' Committee are hereby Discharged. 
[^Passed June IS. 



Legislative 
Records of tlie 
Council, xi., 
544, 548. 

House Jour- 
nal, pp. 26, 31. 
Ante, p. 134, 
chap. 88. 



CHAPTER 31. 

ORDER ON V PETITION OF SAM"' COMESTOCK & OTHERS PRAYING 
CONFIRMATION OF TITLE TO LAND. 

A PETITION of Samuel Comestock, & others of the Town of Provi- 
dence, in the Govrm' of Rhode Island, Shewing that Whereas, in an- 
swer to their former petition to this Court, praying Confirmation of Nine 
hundred Acres of Land Granted them by the Town of Providence but 
falling within this Province, upon, running the Lines, between the Two 
Governments did order that the Lines of the Town of Mendon Should 
be run by a Skilfull Surveyour, in order to discover, whether the S'' 
Nine hundred Acres of Land was Included in the Grant of the Town 
of Mendon, and did particularly appoint Sam" Thaxter Esq' the Sur- 
veyour for that Work, he has accordingly attended it, & upon a Care- 
full Survey, has found that the Town of Mendon does not Extend to 
the S*" Nine hundred Acres of Land (as by a Plat herewith Exhibited 
will appear) and therefore praying that this Court would Confirm the 
S'^ Nine hundred acres of Land to the petitioners, according to their 
Intention, In case it Should be found not to fall within the Mendon 
Bounds. 

Read & 

Ordered That there be laid out to Samuel Comestock & others his 
Associates the petitioners, at their Cost & Charge, Nine hundred Acres 
of Land in Some unappropriated Lands in this Province in full Satis- 
faction of the Nine hundred Acres petitioned for (which is in the Town- 
ship of Mendon) by a Surveyour & Chain men, under oath, & a platt 
thereof to be returned to this Court for Confirmation within Twelve 
Months. \_Passed June 18. 



CHAPTER 32 



Legislative 
Records of the 
Council, xi., 
549. 

House Jour- 
nal, pp. 10, 30. 
Ante, p. 195, 
chap. 97. 



ORDER FOR REPAIRS AT CASTLE WILLIAM AND Y'- LIGHT HOUSE. 

Pursuant to the order of this Honb'^ House, the Committee ap- 
pointed, to Repair to Castle Will™ & the Light House & Enquire 
into the Damage done there by the Great Storm in Febr^ last, Tak- 
ing With them Severall Masons & Carpenters, on Friday the Four- 
teenth of June Curr' Viewed Examined & Searched into the Damages, 
done the Wharves on Castle Island, Particularly a peice of Wharff, on 
the North Side of the Island, Carried away by the Storm, The Com- 
mittee are humbly of opinion, That the Same be repaired by Sjnles &. 
Stones, as the other head Lands have been lately Secured ; and Where 
the Stones are Washed off in Some few places, and the Wharves Shat- 
tered, they be made Good again to prevent the Same being Wholly 
Carried away Wee find the Wharff at the Light House ver}^ much 
broke & Considerable part of the Wood Gone, and in our opinion, it 



[1st Sess.] Province Laws {Resolves^ etc.). — 1723-24. 301 

would be best that the Main Wharff now Standing be raised Higher 
<& built about Fifteen Foot Further with an addition at the End in the 
Form of a T, of Twenty Feet Long, on Each Side, and that the Back 
part of the Main AVharff which was Carried away be repaired, & Carried 
upon y"" Beach as far as before, And that the Building the New, Wharff, 
now proposed, be done with Tun Timber of Eleven & Fourteen Inches, 
Square ; which wee appi-ehend, will not be So Chargeable as the Com- 
mon Way of Wharfing, but Much Stronger & more Durable : Wee Like- 
wise Examin'* the Light House, & Searched into the Severall Cracks in 
the Stone AVall, but Cannot be of opinion that they were in the least 
Measure, Occasioned by the Late Storm, and Rather because the Cracks, 
are much Wider, on the Inside than on the Out, & many that appear 
within do not go, through the Walls,, which were likely to be Occasioned 
by y*^ Fire when part of the Light House, was burnt, For if the Storm 
of Wind &, Water had hurt the Building, the Damage Would appear, 
on the out Side, where the Force Came Neither Can wee perceive any 
of the Stones displaced ; 

Wherefore wee would propose, that those Cracks be Well pointed, 
being all that wee think adviseable to be done at present. Which Will 
further Discover that Matter 

AVee Observe the South Side of the Foundation of the Light House 
to Stand not far from a Body of Rocks or Slate Stones which hath a 
Considerable Splitt or Hollow in it, in the Middle about Fifteen Feet 
Deep, The Storms beating in Washes down great Quantitys of Stones, 
which may be Hazardous if not Remedied by building up a Dry Wall, 
on a Slant, which with the Help of an Engine, will not dem'^ any Con- 
siderable Cost, there being Suitable Stones at Hand, and that a Rough 
Wall will be made on the East Side of the House, to Secure the Upland, 
which wee Suppose three men may Easily accomplish in Four or Five 
days Wee also find the Well Brackish & not fit for Service, That there 
be a Well Sunk in Some other place of the Isl'd if it be found Clear of 
Rocks, all which is humbly Submitted by, 

Elisha Cook in behalf of the Committee 

In the House of Representatives, Read & Accepted, & 

Ordered That M"" Speaker M"" Cook & M"" Chambers, with Such as 
the Honble : Board Shall appoint be a Committee to See the Repairs 
at Castle William and the Light House effected Accordingly,. 

In Council Read & Concuired & Adam Winthrop & Jon" Belcher 
Esq" are Joined with the Committee of y'' House on the affair afore- 
said. \_Passed June 18. 



CHAPTEE 33. 

VOTE FOR THE TREASURERS DISCHARGE ON HIS GENERALL ACCPTS. 

The Accompts of Jeremiah Allen Esq'' Treasurer & Reciever Gen Legislative 
erall of the Province of the Massachusets Bay in New England Begin- coundf xi ^^^ 
ning the 3P' of May 1722, & Continued to the 31^' of May 1723, Amo' ssi. 
to the Sum of one hundred Forty Seven Thousand, Seven hundred & House Jour- 
Ninety Nine pounds Five Shillings & Six pence, having been presented '^^ » P" " 
and laid before the House of Representatives & Inspected by S*^ House 
by which it appears, there was Outstand° the 31'' of May 1723, Two 
Thousand Five hundred Seventy Four pounds, Seven Shillings & Eight 
pence, half penny of the Taxes, Forty Eight Thousand Seven hundred 
& Nineteen pounds of y*" £50,000 Loan & Thirty Five thousand, Nine 
hundred Forty Five pounds Fourteen Shillings & one peunj' Neet, Prov- 



302 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 34, 35.] 



Legislative 
Records of tlie 
Council, xi., 
551. 

House Jour 
nal, pp. 32, 33. 
Province 
Laws, i., 410. 
Ante, p. 14, 
cliap. '26. 



ince Bills, & Twelve Thousund & Seventeen pounds, Thirteen Shillings 
&, nine pence half penny, with Five p"" Cent thereon in the Treasury 
further to be Accompted for. 

Voted that y* S*^ Accompts, in the Several Articles of Reciepts & 
payments therein Mentioned, Amo' to the Sum of Forty Eight Thou- 
sand Five hundred Forty two pounds, Nine Shillings & Eleven, pence, 
be and hereby are allowed of, and the S*^ Treasurer is hereby discharged 
of the S'^ Sum of I'orty Eight Thous*^ Five hundred, Forty Two pounds 
nine Shillings & Eleven, pence. \_Passed June 19. 



CHAPTER 34. 

RESOLVE ON OXFORD PETITION IN REGARD TO TAXES OF NON-RESI- 
DENTS. 

A Petition of Ebenezer Learned in Behalf of himself & the other 
Inhabitants of the Town of Oxford, Shewing that whereas the Gen- 
erall Court, were pleased to Give Liberty to the S*^ Town to Tax the 
Lands of the Non Resident Proprietors, for the Building of their Meet- 
ing House, & Settling & Maintaining, their Minister, the Same has been 
found, very Beneficial to theiu. But for as much as their power for Tax- 
ing the Non Resident Lands was for a Limited time, which is now Ex- 
pired, & the Circumstances of the Inhabitants are Still so Low, & their 
Number so Small that they are not Capable of Supporting a Minister, 
without the Like Assistance, and therefore praying that y*' Act for Tax- 
ing Non Resident Lands, So far as it Relates to y* Support of the Min- 
ister may be revived, & that the Farms Lying Contiguous to the Town 
of Oxford, & nearer to y'" than to any other Town (Especially Ridges 
& Waters Farms) may be annexed to them. So as to Bear their part 
of y*" Support of y^ Ministry, with the Lihabitants of Oxford. 

In the House of Representatives, Read, & 

Eesolo'^ that the prayer of the petition, be Granted, & that the peti- 
tioners have Leave, to bring in a Bill Accordingly, 

In Council Read & Concurred So far as That the Town of Oxford 
be Impowered to Lay a Tax of Twenty Shillings p"^ annum for three 
Years Next Coming on Every Thousand Acres of Land belonging 
to the Non Resident Proprietors, & So in proportion for Greater or 
Lesser Quantitys, for the Maintenance of the Ministry there & That 
Waters & Ridges Farms be added to Oxford So far as relates to 
y*" Support of the Ministry. 

In the House of Representatives, Read & Concurred. \_Passed 
Jane 19. 



CHAPTER 35. 



RESOLVE ALLOWING £17. 7. 8 TO SAM''- PATRIDGE ESQ'^. 



Leerislative 
Records of the 
Council, xi., 
552. 

House Jour- 
nal, p. 31. 
Ante, p. 2.53, 
chap. 278. 



A Memorial of Samuel Patridge Esq"^ Shewing that he Supplied the 
Soldiers Contained in Cp' Samuel Barnards Muster Roll, pas.s'' the last 
Session, with Several Necessarys Especially with Powder & Lead, to 
the Value of Seventeen pounds. Seven Shillings & Eight pence, which 
was Subducted, out of the Soldiers Wages, (as by the S*^ Muster Roll 
may appear,) but has not Yet been allowed to the Memorialist, & there- 



[1st Sess.] Province Laws {Resolve.^, etc.). — 1723-24. 303 

fore praying, that this Court would order the S'' Sum to be paid to him 
out of the publick Treasury, Read & 

Eesolvedi That the 8um of Seventeen pounds Seven Shillings & Eight 
pence, be allowed & paid out of the publick Treasury To Coll : Samuel 
Patridge in full discharge of the like Value Supplied, Cp' Samuel Bar- 
nard, & Company. [^Passed June 19. 



CHAPTER 36. 

RESOLVE ALLOWING £40 TO THE SELECTMEN OF ARUNDEL FOR THE 
SUPPORT OF THE MINISTRY. 

A Petition of Alleson Brown, Representative of the Town of Arun- Legislative 
dell, Shewing that Tho the S'^ Town, were in Low Circumstances before councif xl**^^ 

the War broke out, Yet they Obtained a Minister to preach among them, ^ 

& Gave him Sixty Pounds a Year, but Since the War many of the In- House Jour- 
habitants ai'e Removed, and those that remain are much Impoverished, ^nu,\f!^m, 
& rendered Uncapable of doing much for the Support of their Minis- chap. i09. 
ter, and therefore praying, that this Court, according to their Usuall 
Goodness & Compassion, would order Some allowance out of y^ pub- 
lick Treasury, for the Maintenance of their Minister, 

Read & 

Ordered,^ That the Sum of Forty pounds be allowed & paid out of 
the publick Treasury, to the Select Men of Aruudell, for the Support" 
& maintaining the Preaching of the Gospell at Arundeil & Biddeford. 
[Passed June 20. 



CHAPTER 37. 

ORDER FOR RUNNING Y*= OLD COLONY LINE. 

A Petition of the Representatives of the Town of Dorchester, & ^®?'^'?*^'^f ^u 
Braintiey; Shewing that the Generall Court were pleased, at their council, xi., 
Session in Nov'' 1720, to order that the old Colony Line (as it is ^ 



Called,) Should be the Southerly Bounds of the Town of Dorchester, ^^7*"^ 3^^'"'- 
& of the Grant made to the Town of Boston, Now part of the Town ^«ie, p. 50, 
of Braintrey &c'', as by the Said order may more fully appear, that ^^^'^- ^'^'•'• 
notwithstanding the S*^ Order (as the petitioners Conceive) did au- 
thorize & Enable the Select men of the S** Towns Respectively to 
notify the Select men, of the Next adjacent Towns, to Perambulate 
the S'' old Colony Line, as the Law directs. Yet the Select men of the 
Town of abingdon, being duely notified, by Dorchester Select men, 
refused, to perambulate the S*^ Line, Because y*^ S'' Line hath not been 
these many Years renewed by runn^ out & Marking the Same, & there- 
fore they pretended they Knew of no Such Line to be perambulated, 
and forasmuch as the petitioners Conceive, it would prevent much Un- 
necessary Trouble to the Towns Bordering on the Line if the Same 
were run out, & marked, pursuant to the Courts order, therefore pray- 
ing that one or more Suital)le persons may be appointed, by this Court 
to run out & Mark, the S'' Line, that So it may hereafter be renewed, 
& perambulated as the Law directs. 
Read & in Answer to this petition, 

1 In the House Journal, " Resolved.^' 



304 



Province Laws {Resolves, etc. ) . — 1723-24. [Chaps. 38-40.] 



Ordered, That Samuel Thaxter Esq"" be Impowered & desired to run 
& mark out the old Colony Line (So Called) agreeable to the prayer 
of the petition. \_Passed June 20. 



CHAPTER 38. 



Legislative 
Records of the 
Council, xi., 
554. 

House Jour- 
nal, p. 35. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP 
MERRY MEETING THO» SAUNDERS M^. 

A Muster Roll of the Sloop Merry Meeting a Transport in his 
Majesties Service Eastward, Thomas Saunders Master, Containing 
an Account of Wages due to the S*^ Master and Company, for their 
Service from Dee/ 14"^ 1722, to May 13"^ 1723, & for the Hire of the 
Said Sloop, the S** Time, amo' to the Sum of £243. 15/. 

[Read, Accepted And] 

Resolved, that the Sum of Two hundred Forty three pounds & Fif- 
teen Shillings be allowed, & paid out of the publick Treasury to the 
S'^ Thomas Saunders & the Men Entered on the Within Roll, in full 
discharge of tlie Wages, & Hire of the Said Sloop. [^Passed June 20. 



CHAPTER 39 



Legislative 
Records of the 
Council, xi., 
555. 

House Jour- 
nal, p. 35. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP 
GEORGE JOHN STRATTON M^. 

A Muster Roll of the Sloop George a Transport in his Majesties 
Service Eastward, John Stratton Dec*^ late Master Containing an Acco' 
of Wages due to the S*^ Master & Conip-^' for their Service from Dec'" 
14'^ 1722, to May 4"> 1723, & for the Hire of the Said Sloop the S" 
time, Amo' to the Sum of £179. 11. 4. 

[Read, Accepted And] 

Resolved that the Sum of one hundred & vSeventy Nine pounds. 
Eleven Shillg' & 4^* be allowed & paid out of the publick Treasury 
to the Executors or Administrators of the S*^ .John Stratton Dec'' and 
the other men born on the Within Roll, in full discharge of y'' Wages 
& hire of the S*^ Sloop. \_Passed June 20. 



CHAPTER 40. 



Legislative 
Records of the 
Council, xi., 
.'555. 

House Jour- 
nal, p. .36. 
Ante, p. 23^^, 
chap. 228. 



VOTE ACCEPTING THE REPORT AB^ THE BRIDGES AT HASSANIMISCOE. 

The Committee appointed by the Honb'" the Great & General Court, 
of the Province of the Massachusets Bay at their Session held at Bos- 
ton in Nov' last past, to repair to Hassanimiscoe, & State the places, 
where the Bridges must be built and that Elisha Johnson was obliged 
to P^rect, & Lay a Road to them as far as the Provijice Land & Indian 
Grant Extended, Report as follows ; Viz* 

That they have attended that Service, aud find that S'' Johnson has 
already P^rected the Frames of Two Bridges at Hassanimiscoe, upon 
the Branches of Blackstone River, & they are humbly of opinion, that 



[1st Sess.] Province LA^vs {Resolves^ etc.). — 1723-24. 305 

tbe3' are in Suitable & Convenient places, but will require Considerable 
Provision of Wluirfing or Causway to be made to y'" for tbe Space of 
Six Rods each at the Least, at the Ends next Plach other, & that the 
Bank at the East End of the P^astermost Bridge be Considerably Dug 
away to make it Convenient of access ; all which the S*^ Johnson has 
promised to do, that they may be fit for Travellers, Teams & Drovers ; 
the Committee have also laid a Road through the Indian Grant, to S"* 
Bridges, from Sutton Road Near the House of M' Farewell on the 
AVest to Sutton Lands again on the East, being by Estimation, Five 
Miles, having first with the Assistance of Several of the Principall, In- 
habitants of Oxford & Sutton, & Five of the Hassanimiscoe Indians, 
Sufflciently Viewed wJiere it Might be most accomadable, as the}' have 
marked Trees & Erected Heaps of Stones on the Southward Side of 
Said Road at a Suitable, distance Easy to be found, The Said Trees are 
Spotted on three Sides, Those Sides in the Course of the Road are thus 
Marked, O7 & on the Side Next the Road thus = to denote the Road 
to Lye Four Rod from S'' Trees, all which is humbly Submitted, by 

John Chandler 
Hassanimiscoe March 1" 1722/3 Benj* Whittamore J- Com: 

W" Ward 
Read, & accepted. \_Passed June 20. 



CHAPTER 41. 

RESOLVE ALLOWING £8. 0. 3 ON ACCT OF HASSANIMISCOES COMMITTEES 

TIME & EXPENCE. 

An Accompt presented by Cp' W" Ward of the Committees time Legislative 
«fe Expence in Stating the place of the Bridges & the Road to Hassa- councn^.xi.f^ 
liimiscoe, Amo' to the Sum of £8. 7. 4. 556. 

[Read And] House Jout- 

Mesolved, That the Sum of Eight pounds & three pence, be allowed ^upra,^chaii. 
& paid out of the publiek Treasury to Mess""^ John Chandler, Benj* ^o. 
Whittamore, & AV™ AVard in full of this Accompt. \_Passed June 20. 



CHAPTER 42. 

VOTE REFERRING TO M^ THO^ CRAIGHEADS AFFAIR. 

A HEARING having been had on the petition of the Revr'^ M' Tho' Legislative 
Craighead late Minister of the Town of Freetown, Setting forth that councif.xi., 
the Said Town are in arreai'S to him for Several Years Sei-vice in the ^^ 



AYork of the Ministry, among them, together with the answer of the Legislative, 

' o Records of the 

Town, by their agent, & other persons Concerned, Upon which hear- council, xi., 
ing it appears, That the Orders made for the Support, & maintenance jo^urnai'^^p 4o 
of the S'' M"" Craighead, have not been duely observed, but by the Con- 4l Ante, 
trivances and practices of 111 men, have been Eluded & rendered In- p- ■^''*i> ^^^p- ^2. 
effectuall and in as much as no Representation thei'eof has been made 
to this. Court by the Generall Sessions of y'' peace for the County of 
Bristoll, as the Law directs It is therefore 

Ordered That the Justices of the Said County do at their next Gen" 
Sessions of the peace make further Enquiry (if need be) into the State 
of the Said M"' Craigheads, Case & the arrears they apprehend, due to 
him from the S** Town, for his Services, as aforesaid, & that they Rep- 



306 



Province Laws {Resolves, etc. ) . — 1723-24. [Chaps. 43-45.] 



resent & make report, thereof, to the next Session of this Court that 
Such order may be taken thereon, as to Justice doth Appertain. \_Passed 
June 21. 



CHAPTEK 43. 

ORDER ON PETITION OF JOHN PYNCHEON ESQ" FOR LAYING OUT 500 
ACRES OF LAND &c^. 



Legislative 
Records of the 
Council, xi., 
559. 

House Jour- 
nal, p. 37. 



A Petitiok of John Pyncheon Esq% Shewing that the Generall Court, 
in the Year 1666, did upon the petition of his Grandfather, Cp^ John 
Pyncheon Dec"*, Grant him Five hundred Acres of Land in Considera- 
tion of his past Services, which has not been Yet laid out, As appears 
by the Annexed Record & Certificate, & therefore praying that the 
Court would order the Laying out of the S'' Five hundred acres of 
Land 

Read & in answer to this petition, 

Ordered, That there be laid out to the Heirs or Law-full Rep- 

resentatives, of Cp' John Pyncheon late dec*^ Grandfather to the Peti- 
tioner, in full Satisfaction of the Grant made by the Great & Generall 
Court at their Session in May 23'^ 1660, to the S** Cap' John Pyncheon, 
Five hundred Acres of Land, not Infringing on any former Grant, by 
a Survey"" & Chain Men, under oath at the Charge of the Petitioners 
and a Piatt thereof to be returned to this Court, within Twelve months, 
for Confirmation. \_Passed Jtine 21. 



CHAPTER 44. 



Legislative 
Records of the 
Council, xi., 
560. 

House Jour- 
nal, p. 40. 



RESOLVE ALLOWING £5.3. 19 TO JOS: WILLARD. 

An Accompt presented by Josiah Willard Esq' Secf^ of Transcribing, 
the Records of the General Assembly, from the Beginning of the Ses- 
sion in May 1699, to the beginning of the Session March 10* 1702, & 
from the Beginning of the Session Nov' 7'^ 1716 to June 4"^ 1719, Amo' 
in the whole, to the Sum of £53. 19/. 

[Read and] 

Resolved, That the Sum of Fifty three pounds, & Nineteen Shillings, 
be allowed & paid out of the publick Treasury to Josiah Willard Esq"" 
in full discharge of this Accompt. \_Passed June 21 . 



CHAPTER 45 



Legislative 
Records of the 
Council, xi., 
560. 

House Jour- 
nal, p. 31. 



RESOLVE ALLOWING £7 TO JN" BLANCHARD. 

A Petition of John Blanchard, praying an allowance, for a Horse 
of the Petitioners, Impressed to Carry y'' Delegates to, West field, which 
Horse Died on the Journey & for the Furniture which is Stopped on 
the Road, to Satisfy for y'' Keeping of the Said Horse, 

[Read Accepted And] 

Resolved, that the Sum of Seven pounds be allowed, & paid out of 
the publick Treasury, to the petitioner John Blanchard, in full Satis- 
faction for the Horse Mentioned in the Petition. \_Passed June 21. 



[1st Sess.] Province Laws (liesolves, etc.). — 1723-24. 307 

CHAPTEK 46. 

ORDER ALLOWING ACCOUNTS OF C« TREASURER OF HAMPSHIRE. 

An Accompt of Joseph Hawley, Treasurer of y** Couuty of Hanip- Legislative 
shire, Ending Febry 1722, Having been Inspected by y" Court of Gen- Co'uiu'ir.xi.! ^ 

eral Sessions of y" peace for the Said County & by tliem allowed '^ 

Read & House Jour- 

Orderecl That this Accompt be allowed. \_Passed June 21. ^"^ ' ^' 



CHAPTER 47. 

VOTE ALLOWING THE C TREASURER OF BARNSTABLE ACC^. 

An Accompt presented by Ebenezer Lew'is, Treasurer of y* County Legislative 
of Barnstable Ending april 19"' 1728, Having been presented by the c^uncu, xij''® 
Court of General Sessions of y" peace, for the S'' County & by them ^ 

Accepted & allowed. House Jour- 

Read & "^^'-P-"- 

Ordered that this Accompt be allowed. \^Passed June 21. 



CHAPTER 48. 

RESOLVE ALLOWING £31 TO BART: GREEN & SAM'-i- KNEELAND. ; 

An Accompt of Bartholemew Green & Samuel Kneeland of Printing, Legislative 
the Votes of the Representatives for the Last Session, amo' to £31. 18/. c^undf x***"^ 

[Read And] sei. 

Resohf^ That the Sum of Thirty one pounds be allowed & paid out House Jour- 
of the publick Treasury, to Bartholemew Green & Samuel Kneeland °*'>p-*i- 
in full discharge of this Accompt. \_Fassed June 21. 



CHAPTER 49. 

RESOLVE ALLOWING £29. 17. 2 TO BART GREEN. 

An Accompt of Bartholemew Green, of Paper & printing for the Legislative 
Government, to April 27'^ 1723, Amo' to the Sum of £29. 17. 2. counctf xi ^''^ 

[Read And] 56i. 

Resolved^ that, the Sum, of Twenty Nine pounds Seventeen Shillings House Jour- 
& Two pence be allowed & paid out of the publick Treasury, to Bar- ^^'>i'*'- 
tholemew Green to discharge this Accompt. \^Passed June 21. 



308 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 50-52.] 



Legislative 
Records of the 
Council, xi., 
661. 

House Jour- 
nal, p. 42. 



CHAPTER 50. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF COLL: 
ELEAZAR TYNG & COMP*. 

A Muster Roll of the Scout, under the direction of Coll : Eleazar 
Tyng, Containing an Accompt of Wages due to them, for their Ser- 
vice from Nov-" 30"^ 1722 to June 11"^ 1723, Amo' to £243. 18. 9 & the 
Subsistence of the S*" Men, the S'^ time, Amo' to £116. 5. 9. 

[Read, Accepted And] 

Resolved^ That y'^ Sum of Two hundred Forty three pounds, Eight 
Shillings, and nine pence be allowed & paid out of the publick Treas- 
ury to the officers & Soldiers born on the within Roll, to whom, the 
Same is respectively due, in full discharge of the Wages thereof, & 
Further that the Sum, of one hundred &. Sixteen pounds. Five Shil- 
lings & three pence ^ be allowed, & paid out of the publick Treasury, 
to Coll : Eleazar Tyng, for Subsistence for the, within Men, to be by 
him paid, to the person or persons, that have Subsisted them in full. 
\_Passed June 21. 



CHAPTER 51. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CP^ JOSEPH 

HEATH & COMP^. 



Legislative 
Records of the 
Council, xi., 
661. 

House Jour- 
nal, p. 41. 



A Muster Roll of the Company in his Majesties Service Eastward 
under the Command of Cp' Joseph Heath Containing an Accompt of 
Wages due to them for their Service from Nov"" 15"" 1722 ; to June 
12"^ 1723, Amo' to the Sum of £746. 1. 7. 

[Read Accepted And] 

Resolved That the Sum of Seven hundred Forty Six pounds one 
Shill" & Seven pence, be allowed & paid out of the publick Treasury 
to the officers & Soldiers, born on the within Roll, to whom y^ Same 
is respectively due, in full discharge of the Same. \_Passed June 21. 



CHAPTER 52. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF L'^ W" HIL- 
TON & COMP-^. 



Legislative 
Records of the 
Council, xi., 
661. 

House Jour- 
nal, p. 34. 



A Muster Roll of the Company under the Command of Lieu' Wil- 
liam Hilton, Containing an Account of AVages, due to them for their 
Service Eastward, from August, 15"' to, Dec' ll"' 1722, Amo' to the 
Sum of £290. 3. 8. 

[Read, Accepted And] 

Resolved., That the Sum of Two hundred & Ninety pounds, three 
Shillings & Eight pence, be allowed & paid out of the publick Treas- 
ury, to the officers & Soldiers born on the within Roll, to whom the 
Same is Respectively due, in full discharge of the Wages thereof. 
\_Passed June 21 . 

' The House Journal reads, £116. 5. 9. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1723-24. 309 



CHAPTER 53. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP VIR- 
GIN CALEB PRATT M«. 

A Muster Roll of the Sloop Virgin, (a Transport in his Majesties LegiBiative 
Service) Caleb Pratt Master Containing an Acco' of Wages due to the coum'u.xlf^ 
S*^ Master & Comp" (together Avith the Hire of the Said Sloop) from 562. 
Jau^ 7'^ 1722, to June S-^ 1723 Amo' to the Sum of £117. 14. 10. House Jour- 

[Read, Accepted And] na.pp. , 

Resolv'^ That the Sum of one hundred «fe Seventeen pounds Fourteen 
Shillings & Ten pence be allowed & paid out of the publick Treasury 
to the Said Caleb Pratt, to be by him paid to the Several persons to 
whom the Same is respectively due, (as Entered in the within, Roll) 
in full discharge thereof. [^Passed June 21 . 



CHAPTER 54. 

VOTE FOR ADJOURNING Y^ COURTS IN Y'^ COUNTY OF ESSEX. 

Whereas the Court of General Sessions of the peace & Inferiour Legislative 
Court of Common pleas, for the County of Essex, are a,ppointed by councif.xi!*^^ 

Law to be held at Salem in Said County, on the last Tuesday of June '^ 

Curr' &. Several of the Justices of the Said Court, & others Concerned House .lour- 
are members, of this Court, Provin<'e 

Resolved, ih^,\t ^^^' 

That in Consideration of the present Sitting of the General Court 
the S** Court of General Sessions of the peace, & Inferiour Court of 
Common pleas be & hereby are adjourned to the third Tuesday in 
July next. Any Law Usage or Custom to the Contrary not withstand- 
ing. [^Passed June 22. 



CHAPTER 55. 

ORDER ON JOHN DUNTONS PETITION IN REGARD TO THE LOCATION 
OF A MEETING HOUSE. 

A Petition of John Dunton, John Graves, & Divers other persons. Legislative 
who dwell on Farms within the Town of Natick and adjoining to Sud- counclf, xl!*^^ 

bury. Shewing that whereas, the Geuerall Court were pleased to Sett ^ 

them to the East Precinct in Sudbur}' in answer to the petition of Wil- House .lour- 
liam .Jenuison, and others, In which it was Suggested, that it was the ^'Jj^eyp. 79, 
desii'e of y^ present petitioners, to be placed, there, they think it proper chap. 2. 
to Inform this Court, that the Inhabitants of the Said East End, of Sud- 
bury, did Engage to the petitioners, to remove the Meeting House nearer 
to the petitioners, & pnss'd a Vote, But that they are now repairing the 
Said Meeting House where it now Stands, So that the petitioners are 
defeated, as to y*' Grounds, & reasons of their Willingness, to be Joined 
to Sudbury, & therefore praying that the 8'' East Meeting House at Sud- 
bury, may be removed nearer to them or that they may Ly to Natick, 
as formerly. 

Read & 

Ordered, That the East precinct of the Town of Sudbury be Served 



310 



Province Laws (Resolves, etc.). — 1723-24. [Chaps. 56-58.] 



Legislative 
Eecords of tlie 
Council, xi., 
665. 

House Jour- 
nal, pp. 43, 44. 



with a Copy of this petition, that so they may Give in their answer, on 
the Second Friday of the Next Session, Why the prayer of the petition 
sh** not be Granted. \_Passed June 24. 



CHAPTER 5Q. 

ORDER ON EDM» POTTERS PETITION PRAYING FOR AN APPEAL FROM 

A SENTENCE. 

A PETITION of Edmund Potter of Ipswich Shewing that he was prose- 
cuted before M"' Justice Berry, for Spreading a false report of Major 
Matthew Whipple, and the petitioner was fined Ten Shillings by the 
S** Justice, from which Judgment he appealed to the Court of General 
Sessions, of the peace, next to be holden for the Said County & recog- 
nized with Sureties to prosecute his appeal with effect but Being Igno- 
rant of the Law, he Carried his reasons of appeal to the S*^ Justice, from 
whose Sentence he appealed (who recieved & filed the Same) instead 
of Carrying them to the Clerk of the Court appealed to, by which Errour 
he is defeated of the Benefit of his appeal, and therefore praying, that 
his appeal may be Continued to ye : Next Court, & that he may be Im- 
powered to file his reasons, anew. 

[Read and] In answer to this petition 

Ordered, That upon the Petitioners Entering his Action at the 

Court of General Sessions of the peace, to be holden at Salem for the 
County of Essex by adjournment on the Third Tuesday of July next. 
The Justices of the Said Court be & hereby are directed to Continue 
the Matter, over to the next Term, and that the petitioner file his rea- 
sons, of appeal in the Clerks office of the Court appealed to in Time, 
any Law Usage or Custom, to the Contrary notwithstanding. \_Passed 
June 24. 



CHAPTER 57 



ORDER ALLOWING £21. 17 TO SAM''' ASHLEYS ADMINISTRKS, 



Legislative 
Records of the 
Council, xi., 
566. 

House Jour- 
nal, p. 45. 



In answer to the Petition of Samuel Ashley, formerly presented to 
this Court, & now revived (at the desire of the administrators, of the 
S'^ Sam" Ashley) in Behalf of Jonas Dow of Albany, praying that the 
Sum of Twenty one pounds & Seventeen Shillings may Be paid out of 
the publick Treasury, for Subsisting one Boveneau Formerly a French 
prisoner 

Ordered that the Sum of Twenty one pounds and Seventeen Shillings 
be allowed & paid out of the publick Treasury to David Ashley : & John 
Ingersoll, J' administrators on y'' Estate of y'^ S'^ Samuel Ashley dec** 
for Subsisting the S** Beveneau in full. \_Passed June 23. 



CHAPTER 58 



ORDER FOR PROSECUTING TRESPASSERS IN HAMPSHIRE. 



Legislative 
Records of the 
Council, xi., 
566. 



In the House of Representatives, This House, being Informed of 
Divers Trespasses, Committed within the County of Hampshire by box- 
ing &, barking Pine Trees, &c* for Turpentine, on Land, belonging to 



[1st Sess.] Province Laws (Resolves, etc.). — 1723-24. 311 

this Province, Contrary to y^ Law, of the Province in tiie First Year, House Jour- 
of the reign of liis present Majesty ; ivovince' 

Ordered, That M' Timothy Dwight, of northampton, M"^ William ^if^'p" a!'"' ^' 
Pyncheon of Springfield, & M' Ebenezer March of Iladley, be a Com- 
mittee, who are hereby directed to use all proper Methods for the 
detecting the Trespasers & their names transmitt (together with the 
Evidences ags' them) to the attorney General, that he may be P^nabled 
to prosecute them and, S'^ attorney is directed to depute Some Meet 
Person to Seize & Secure all Such Turpentine, as Shall be found on 
the Province Land together with the Utensils ; The S** Committee are 
further 

Ordered to Lease out. all Such, Turpentine Trees, as they find Boxed 
on the Province Land, at Reasonable pi'ices, & the Money they recieve 
therefor to pay into the Treasury, Provided they shall not Lease any 
Such Trees to any persons that Shall be Strongly Suspected to be Tres- 
passers, or to any other that will not Give Security that Such Trees 
Shall not be Used, by or for the Benefitt of Such Trespassers, In 

Council Read & Concurred. \_Fassed June 25. 



CHAPTEK 59. 

RESOLVE ALLOWING £34. 9 TO D" GEORGE PEMBERTON. 

An Account of D' George Pemberton for medicines Externally & Rgforcis^of the 
Internally administred to the Sick Lame and wounded belonging to Council, xi., 

Castle William, amo' to the Sum of £34. 9/. ^^ 

[Read, And] 'Xl'^"" 

Resolv'^ that the Sum of Thirty Four pounds Nine Shillings be allow"* 
& paid out of the publick Treasury to D' George Pemberton the Ac- 
coniptant, in full discharge of the within Ace'. \_Passed June 25. 



CHAPTER 60. 

ORDER ON Y= PETITION OF Y^ INHABITANTS OF Y^^ EAST PART OF 
ENFEEILD TO BE SET OFF AS A SEPARATE PRECINCT. 

A Petition, of the Inhabitants of the East End of the Town of En- Legislative 
feild. Shewing that upon their application to the Town, they did at a coundf, xi."'*' 

Meeting, held June 3*^ 1723, Vote that a precinct be allowed, in the ''fi^^ '__ 

East part of the Township, from y^ mouth of the Brook, Called, Coro- House Jour- 
nation Brook, & So to run north & South, through the Township, the i^ai, pp. 45, 46. 
Town to keep the right of Soil in their own hands, & the Proprietors 
not in y^ least Debarred from taking up Second & third Divisions 
within those Limits, for the Use & Improvement, of the Commons 
within, S"* Precinct, and praying that this Court would Confirm the 
S** Vote, & Sett them off a Seperate precinct, accordingly and Give 
them Liberty, to Lay their Taxes on all the Land laid out within the 
Bounds of their precinct for Some Years, the Better to Enable them 
to Build a Meeting House & Settle a Minister, Read, & In answer 

to the petition, of the East part of the Town of Enfeild. 

Ordered, that the Said East part of the Town of Enfeild, as bounded 
in & by a Vote of June 3'' 1723, &, agreeable thereto, be Sett off as a 
Seperate Precinct, & have Use Exercise, & Enjoy all Such Powers & 



312 



Province Laws {^Resolves, etc. ) . — 1723-24. [Chaps. 61-63. J 



Priveledges which other Precincts, have Use Exercise & Enjoy, & that 
Edward Kibbee, & Ebeuezer Jones (two of the principal! Inhabitants 
of the Said Precinct) are hereby directed & Impowered to notify & 
Summon the Inhabitants duely Qualified for Voters to Assemble & 
meet together, for the Chusing all Precinct otticers, & detirmine the 
way & method of future meetings of Said Precinct. \_Passed June 25. 



CHAPTER 61. 



ORDER ON ROBRT GRAYS PETITION CONTINUING HIS PAY NOTWITH- 
STANDING HIS INABILITY. 



Legislative 
Records of the 
Council, xi., 
550, 569. 

House Joui'- 
nal, p. 48. 



A Petition of Robert Gray a Soldier At His Majesties Castle Wil- 
liam, Shewing that he has Recieved Several Wounds in the publick 
Service, which have almost wholly disabled him, and that he is now 
under very great Bodily Indispositions ; & therefore praying the Com- 
passionate Consideration of this Court, & that Some thing may be done 
for his relief, 

[Read Accepted and] 

Ordered, That the S*^ Robert Gray be Continued in & recieve the pay 
& Subsistence of this Government, as heretofore at the Castle, His 
Inability to do duty notwithstanding. \^Passed June 25. 



Legislative 
Records of the 
Council, xi., 
569. 

House Jour- 
nal, p. 48. 



CHAPTER 62. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT FORT MARY. 

A Muster Roll of the Garrison in his Majesties Service at Fort 
Mary at Winter Harbour, Containing an Accompt of Wages due to 
them, for their Service, under Cap' Sam" Hinks, from Dec"^ 6"" 1722, 
to June 15"' 1723, Amo' to the Sum of £136. 16. 6. 

[Read, Accepted And] 

Resolv'^ That the. Sum of one hundred Thirty Six pounds Ten Shil- 
lings & Six pence be allowed & paid out of the publick Treasury to Cp' 
Samuel Hinks & the men Inserted on the other side to whom the Same 
is respectively due in full discharge of y*" Wages of this Roll. [^Passed 
June 25. 



CHAPTER 63. 



RESOLVE ALLOWING £17. 3 TO CAP''' SAMUELL HINKS. 



Legislative 
Records of the 
Council, xi., 
570. 

House Jour- 
nal, p. 49. 



An, Accompt of Sundry disbursments of Cap* Samuel Hinks on his 
Majesties Fort Mary, at Winter Harbour, & the Garrison there Amo* 
to the Sum of £17. 0. 3. 

[Read Accepted And] 

Pesolved that the Sum of Seventeen pounds & three pence be allowed, 
& paid out of y*^ publick Treasury, to the Accomptant Cp' Samuel Hinks 
in full discharge of this Accompt. \_Passed June 25. 



[1st Sess.] Province Laws {Resolves^ etc.) . — 1723-24. 313 



CHAPTER 64. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CP'^ JOHN 

PENHALLOW & C«. 

A Muster Roll of the Company iu his Majesties Service uuder the Legislative 
Command of Cp' John Penhallow, Containing an Accp' of Wages due cmmc^f, xi!''^ 

to them for their Service Eastward from Nov"" 15"^ 1722 to June 19"" °2^ 

1723, Amo' to the Sum of £816. 19. 8. House Jour- 



[Read, Accepted And] 

Resolved., That the Sum of Eight Hundred & Sixteen pounds, Nine- 
teen Shillings & Eight pence, be allowed & paid out of the publick Treas- 
ury to Cap' John Penhallow, & the men born on the within, Roll, to whom 
the Same is due, respectively, in full discharge thereof. \_PassedJune 25. 



nal, p. 49. 



CHAPTER Q5. 

VOTE ON MARY TWITCHELLS PETITION IN REGARD TO WAGES OF HER 
HUSBAND, IN CAPTIVITY. 

A Petition of Mary Twitchell, Praying in Consideration of her Legislative 
husband, Benj" Twitchells, being in Captivity that she may be Im- couucif xL*'^^ 
powered, to recieve out of the publick Treasury, the Sum of Nine sto. 
pounds, & Twelve Shillings due to her S'* Husband in Major Moodeys House .Tour- 
First Muster Roll. "^'' P" **" 

Read & 

Voted,^ That the prayer of this petition be Granted, & That the Treas- 
urer of the Province pay the Wages due to the within named Twitchell, 
to Cp' Sam" BuUard, to be Employed & Improved, for the Benefitt of 
the petitioner & her Family. \^Passed J\me 26. 



CHAPTER 66. 

ORDER ALLOWING £2. IL 6 TO JOHN PYNCHON FOR DAVID INGERSOLL. 

A Petition of David Ingersoll, Praying the allowance of Sundry Legislative 
Articles relating to His Journey, to Albany, with John Higgins in councn^xP*^^ 
march last, his Entertaining Indians, (fee* Amo' to the Sum of £16. 573. 

7. 4. House Jour- 

[Read And] In answer to this petition and Accompt na.p. 4/. 

Ordered, That the Three Articles, Charged for Victualls & Drink 
for the Indians, & Interpreter, amo' in the whole to Two pounds Eleven 
Shillings, & Six pence, be allowed & paid out of the publick Treasury 
to John Pyncheon, Esq'' for the Use of y*" petitioner. \_Passed June 26. 

' In the House Journal, ^^ Resolved." 



314 



Province Laws {Resolven, etc. ) . — 1723-24. [Chaps. 67-70.] 



Liegislative 
Eecords of the 
Council, xi., 
673. 

House Jour, 
nal, p. 48. 



CHAPTER 67. 

RESOLVE ALLOWING £56. 7. 9 TO CP^ JOHN PENHALLOW. 

An Accompt presented by Cap' John Penhallow of Ware house Hire, 
at arowsick, & Sundry Disbursments, for the publick Service, Amo' to 
the Sum of £58. 15. 9. 

[Read Acceptetl And] 

Resolved., that the Sum of Fifty Six pounds, Seven Shillings & Nine 
pence ^ be allowed & paid out of the publick Treasury to John Penhallow 
Esq"^ the Accomptaut, in full discharge of the within Accompt. \_Fassed 
June 26. 



CHAPTER 68 



RESOLVE ALLOWING £4. 6. 11 TO ELIZ^ SMITH. 



Legislative 
Records of the 
Council, xi., 
575. 

House .Jour- 
nal, p. 54. 



An Accompt of Elizabeth Smith for Lodging Diet, Funeral Expences, 
(fee" For Theophilus Richardson, dec*^ (an Ensign in the Service East- 
ward) aino' to y'' Sum of £4. 6. 11. 

[Read, Accepted And] 

Resolv'^ That the Sum of Four pounds Six Shillings & Eleven pence, 
be allowed & paid out of the publick Treasury to the Said Elizabeth 
Smith, in full discharge of this Accompt. \_Passed June 28. 



CHAPTER 69. 



RESOLVE ALLOWING 26sh. TO MAJOR HABIJAH SAVAGE. 



Legislative 
Records ol the 
Council, xi., 
575. 

House Jour- 
nal, pp. 54, 56. 



An Accompt presented by Major Habijah Savage, for Subsistence 
of Samuel Lovell a Soldier amo' to Twenty Six Shillings, 

[Read And] 

Eesolved, Tliat the Sum of Twenty Six Shillings, be allowed and paid 
out of the publick Treasury to Major Habijah Savage y" Accomptant in 
full discharge of his Accompt. [^Passed June 28. 



CHAPTER 70 



RESOLVE ALLOWING £7 TO CP'^ TIM« DWIGHT. 



Legislative 
Records of the 
Council, xi., 
575. 

House Jour- 
nal, pp. 39, 40. 



An Accompt presented by Timothy Dwight, of the Charge of Sur- 
veying the Province Land, between Hadley & Brookfeild, Amo' to £7. 

[Read And] 

Resolved, that the Sum of Seven pounds be allowed and paid out 
of the publick Treasury to Coll : John Stoddard, for the Use of the 
Accomptant in full discharge of the s'' Accompt. [Passed June 28. 

• The House Journal reads, £46. 7. 9. 



[1st Sess.] Province Laws {Resolves, etc.). — 1723-24. 315 

CHAPTER 71. 

RESOLVE ALLOWING 23sh. TO LUKE SMITH. 

An Accompt presented by Luke Smith for Billeting Soldiers in July Legislative 
1722, amo' to Twenty three Shillings Council" x?"^ 

[Read, And] 576. 

Jiefiolved, that the Sum of Twenty three Shillings be allowed & paid House Jour- 
out of the publick Treasury to the Accomptaut, Luke Smith, in full dis- '^^ ' ^' °'' 
charge of this Accompt. [^Passed June 28. 



CHAPTER 72. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CAP'^ SAM^-i- 

BARNARD & C'\ 

A Muster, Boll of the Company in his Majesties Service in the Legislative 
Western Frontiers, under the Command of Cp' Sam" Barnard, Con- coundf, xl!*^*^ 
taining an Ace' of Wages due to them, for their Service, fi-om Nov'' »76. 
21^' to Jan^ 22'* 1722, with their Subsistence, Amo' to the Sum of iiouseJour- 

£352.3.4. nal,p.47. 

[Read, Accepted And] 

Eesolced, That the Sum of Two hundred. Forty Two pounds Five 
Shillings, & Four pence, be allowed & paid out of the publick Treas- 
ury, to the officers & Soldiers, in full of their Wages, as respectively 
due, per the within Roll, and further that the Sum of one hundred, 
& nine pounds. Eighteen Shillings be allowed & paid out of the pub- 
lick Treasury to Coll : Sam" Patiidge, to be by him paid to the person, 
or persons, that have Subsisted the men born on this Roll, in full dis- 
charge of the Subsistence, as per the Roll appears. \_Passed June 28. 



CHAPTER 73. 

ORDER ALLOWING £63 TO CV^ FRANCIS BARKER. 

A Memorial of Cp' Francis Barker, Setting forth. Why he mustered Legislative 
in his Last Roll Five men Excepted against by the Court, & praying council, xi., 
that the Stop may be taken off his Wages in the S*^ Roll Read ^"^- 



r Accepted! & House Jour- 

Ordered., That the Sum of Sixty three pounds be allowed & paid out (Jan., 1722); 
of the publick Treasury, to Cp' Francis Barker in full for the Wages pp- si. 53, 54. 
due to him in his last Muster Roll The Estople put thereon, the last 
Session of this Court Notwithstanding. \_Passed June 28. 



CHAPTER 74. 

ORDER ALLOWING THE CO. TREAS« OF SUFFOLK HIS ACC^. 

An Accompt presented by Samuel Checkley Esq'' Treasurer of the Legislative 
County of Suffolk Ending in May 1723, Hav^ been Examined, by the Records of the 



316 



Province LiAWS (Besolves, eic). — 1723-24. [Chaps. 75-77.] 



Council, XI., Court of General Sessions of the peace for y" S*^ County & by them 
z-^ ^, acceiited & allowed, 

House Jour- n i o 

nai, p. 55. Kead & 

Ordered that this Accompt be allowed. \_Passed June 28. 



CHAPTEK 75. 

RESOLVE ALLOWING 45sh. TO CV^ FRANCIS BARKER FOR ROBR^ PEIRCE. 

Recordfofthe ^ MEMORIAL of Cap' Francis Barker, in Behalf of Robert Peirce, a 
Council, xi.. Soldier in his Company, praying an allowance, for a Gun lost in the 
— publick Service. 

House Jour- T>anrl .t^ 

nal, pp. 57, .58. -KeaCl & 

Eesolv^ That the Sum of Forty Five Shillings be allowed, & paid 
out of y*" publick Treasury, to Cp' Francis Barker, for the use of the 
afores*' Robert Peirce, in Consideration of the Loss of his Gun. [^Passed 
June 28. 



CHAPTER 76. 



Legislative 
Records of the 
Council, xi., 

578. 

House Jour- 
nal, p. 55. 



ORDER ON PETITION OF ISAAC LITTLE ESQ'' FOR A NEW TRIAL. 

A Petition of Isaac Little Esq"" Shewing, that upon a Review of an 
Action of the Case ags' Joseph Mallison, at the Superiour Court held 
at Plimouth in the Year 1720, Judgment went against him, through his 
not Delivering his Ace' of Disbursments to the Jui-y, he Expecting that 
the Jury would have brought in Such a Verdict, as would Leave the 
adjusting the Ace' with the Judges, & praying that he may be admitted 
to a New Triall of his Said Cause, at the next Superiour Court to be 
held at Plimouth, aforesaid, 

Read & 

Ordered., That the petitioner at his own Cost & Charge, Serve 

Joseph Mallison, with a Copy of the petition that So he may give in 
his reasons, (If any he have) on the First Friday of the next Session 
of this Court, why the prayer thereof should not be granted, and that 
Execution of the Judgment of the Superiour Court be Suspended in 
the meantime. Any Law Usage or Custom to y'' Contrary notwithstand- 
ing. \_Passed June 28. 



CHAPTER 77. 



Legislative 
Records of the 
Council, X)., 
579. 

Legislative 
Records of the 
Council, xi., 
ai'i. House 
Journal, p. 5S. 
Province 
Laws, ii., 26, 
chap. 17; 243, 
chap. 4. A7ite, 
p. 177, chap. 56. 



VOTE REFERRING TO A MINISTER FOR DARTMOUTH. 

It appearing to this Court that the Town of Dartmouth, neglect & 
refuse to maintain, an able Learned Orthodox Minister. 

Resolved., That the Salary or allowance, for an able Learned & Ortho- 
dox Minister, for the Town of Dartmouth, be one hundr*^ pounds, to be 
paid out of y'' publick Treasury, which Said Sum of one hundred pounds, 
is to be added to the proportion of the S*^ Town of Dartmouth in their 
Province Tax, for this present Year. 

And it is Recommended to the Justices of the County of Bristoll 
at their next Generall Sessions of the peace to put the Laws of the 



[1st Sess.] Province Laws {Resolves, etc.). — 1723-24. 317 

province, referring to the Supporting of ministers in Execution on 
the S'' Town of Dartmouth, for not ordering & appointing a Sullicient 
& Suitable Salary, for an able Learned & orthodox Minister, which 
if duely Submitted to, the S'' Town to be Reimbursed F^ither y'^^ Whole 
or Such Proportion as they pay, Pursuant to the order of the S** Jus- 
tices. \^Passed June 28. 



CHAPTER 78. 

VOTE REFERRING TO A MINISTER FOR TIVERTON. 

It appearing to this Court, That the Town of Tiverton, neglect & J^egisiative 
refuse to Settle & maintain, an able Learned, & Orthodox Minister ; council, xi., 

Resolved, That an Able Learned & Orthodox Minister be pro- ^ 

vided, by order of this Court, for the S*^ Town of Tiverton, for y"^ Year fe^^g'^'f'^^- , 

-r-i -1 11 IT 1- 1 1 1 • 11 Reconlsof the 

Ensuing, to be recommended, as the Law directs, and that his allowance. Council, xi., 
or Salary, be Seventy two pounds, Eleven Shillings, to be paid out of the journaH^^p- •'5^. 
publick Treasury ; which Said Sum of Seventy two pounds, P^leven Shil- ^^- Province 
lings be added, to the proportion, of the S** Town of Tiverton, in their chap.'n; W, 
Province Tax for y'' present Year, And it is Recommended, to the p^ 277 *ehan'*57' 

Justices of y'^ County of Bristoll, at their Next Generall Sessions, of the 
peace to put the Law^s of this Province referring to the providing, & 
Supporting of Ministers in Execution, upon the S'^ Town of Tiverton 
by appointing, an able Learned & Orthodox Minister, & order^ a Suffi- 
cient & Suitable Salary for him, which if duely Submitted to, the vS'' Town 
to be Reimbursed the whole or Such proportion, as they pay Pursuant 
to the order of the S** Justices. [^Passed June 2S. 



CHAPTER 79. 

ORDER ON PETITION OF INHABITANTS OF THE NORTH PART OF 
CHARLESTOWN TO BE SET OFF TO MALDEN. 

A Petition of a Committee for the Inhabitants of Charlestown Living Legislative 
on the north Side of Mistick River, Setting forth Several Difficulties counci f, xl!*"^ 
they are under, by reason of their not being wholly Sett off to Maiden, sso. 
and praying that they may no Longer Continue as part of Charlestown, House Jour- 
but in all Respects be Annexed to the Town of Maulden. ^nte]'\iA'd-i, 

In the House of Representatives, Read & in answer to this petition, chap. 92. 

Ordered that Coll : Bourn, M'' pAlward White & Coll : Dudley, with 
Such as the Honb''^ Board, shall appoint be a Committee to repair to 
that part, of Charlestown Lj'ing on the North Side of Mistick River, 
& View & Enquire into the Situation & Cir[c]umstances, of the peti- 
tioners and make report, of what they think proper, for this Court, to 
order thereon, at the Charge of the Petitioners, 

In Council, Read & Concurred, & 

Ordered that Penn Townsend, & Spencer Phipps Esq" be Joined in 
the affair. \_Passed June 28. 



318 



Province Laws (^Resolves, etc.). — 1723-24. [Chaps. 80-82.] 



CHAPTER 80 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GARRI- 
SON AT NORTHFEILD. 



Legislative 
Records of the 
Council, xi., 
580. 

House Jour- 
nal, p. 53. 



A Muster Roll of the Garrison in his Majesties Service at North- 
feild, under the Command of Lieu' Joseph Kellog, Containing an Ac- 
comptof the Wages & Subsistence of S*^ Garrison, from Jan^ 23*^ 1722, 
to June 18"^ 1723, Amo* to the Sum of £340. 12. 5. 

[Read, Accepted And] 

Resolved., That the Sum of Two hundred & Twenty Six pounds Thir- 
teen Shillings & Ten pence be allowed. & paid out of the publick Treas- 
ury to the officers & Soldiers born on the within Roll, to whom the Same 
is Respectively due, in full discharge of the Wages due on this Roll, and 
that the Sum of Twelve pounds, nine Shillings, together with one hundr*^ 
& P^leven pounds Ten Shillings & Eight pence, & the Sum of Two pounds, 
& three pence, making in the whole the Sum of one Hundred & Twenty 
Five pounds. Nineteen Shillings & Eleven pence (So much due for Sup- 
plying & Subsisting the men,) as by the within Roll, & Ace' of Coll : 
Patridge hereto Annexed appears)^ be allowed & paid, out of the pub- 
lick Treasury to Coll: Sam" Patridge in full discharge for Subsistence 
& Supply s of the men, as by the Muster Roll to be by him paid to the 
person or persons, that have Subsisted or Supplied any of the s'^ men, 
and further that the Sum of Seven Shillings and Eight pence be allowed 
& paid out of the publick Treasury to the S*^ Samuel Patridge Esq'' for 
the Use of D' Thomas Hastings In full for his note of Medicines as by 
the Same hereto annexed appears. \_Passed June 28. 



CHAPTER 81 



ORDER ALLOWING £6. 7. 4 TO CP'^' WILL*' WARD. 



Legislative 
Records of the 
Council, xi., 
581. 

House Jour- 
nal, p. 52. 
Ante, p. 181, 
chap. 67. 



An Accompt presented by Cap' W™ Ward, of the Charge of Surveying 
a Tract of Land, belonging to the Province, Lying Westerly of Brook- 
feild, amo' to the Sum of £6. 7. 4. 

[Read, And] 

Ordered That the Sum of Six pounds. Seven Shillings & Four pence, 
be allowed & paid out of the publick Treasury, to W'" Ward for him- 
self & others. Assisting him, in Said Service, in full of Said Accompt. 
[Passed! June 28. 



CHAPTER 82. 



RESOLVE ON SUTTON PETITION FOR POWER TO TAX LANDS OF NON- 
RESIDENTS. 



Legislative 
Records of the 
Council, xi., 

581. 

House Jour- 
nal, p. Z\. 
Provini'c 
Laws, ix., 617, 
chap. 77. 
Ante, p. 302, 
chap. 34. 



A Petition of the Inhabitants of Sutton Setting forth their diffi- 
culties with Respect to the maintenance of a Minister, among them, & 
praying that they, may be Impowered, to Tax the Lands of the Non 
Resident Proprietors and that the Farms that Lye next to them, & 
belong to No other Towns, Viz' Mess" Taylours, Davenports, Hutch- 
iiisons, & Collin's may be added to the S'^ Town together with those 
that Dwell on the Lands, belonging to the Indians, on the Side of 
Blackstones River next to Sutton. Read & 



' Marks of parentheses sic. 



[1st Sess.] Province Laws (Iiesoh'e,% etc.). — 1123-24=. 319 

Resolved that the pr:\ver of the petition be So far granted That the 
Petitioners be allowed, to bring in a Bill to Assess the Proprietors of 
the Unimproved Lands, in the Township of Sutton, after the rate of 
one Farthing p'' acre, for three Years to Come, for & toward the Sup- 
port of the ^Ministry there (The Lands belonging to the Lidian Pro- 
prietors at Hassanimiscoe P^xcepted,) &, that the Lihabitants on the 
Four Farms mentioned in the petition. Excepting Richard Waters, & 
Sam" Rich Lihabitants of the Farm called Coll: Tailers Farm (they 
being already annexed to Oxford by a Resolve pass'd this present 
Session) be annexed, to the Township of Sutton, So far as to be 
obliged to pay their proportion to the Support of the Ministry of 
Sutton During the pleasure of this Court. \_Fassed Jane 28. 



CHAPTER 83. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF V GARRISON 

AT CASTLE W^. 



A Muster Roll of the Garrison in his Majesties Service at Castle Legislative 
William, under the Command of the Honb'" W'" Dummer, Esq% Con- couucif x*i ^^'^^ 
taining an Acc^ of Wages due to them for their Service from Nov"" 30"^ 584. 
1722, to March oL"' 1723, Amo' to, the Sum of Two, Hundred Forty HouseJour- 
pounds. Sixteen Shillings. nai, p.eo. 

[Read, Accepted And] 

Resolved^ That the Sum of Two Hundred Forty two pounds & Sixteen 
Shillg' be allowed & paid out of the publick Treasury to the officers & 
Soldiers, born on the within Roll, to whom the Same is respectively due 
in full discharge of the Wages thereof. \_Passed Jane 29. 



CHAPTER 84. 

ORDER ON REPORT ABOUT Y^ PROVINCE LANDS NEAR DORCHESTER. 

Pursuant to the order of the General Court at their Session the 28"" 0*^^^^'?*'^?^, 
Nov'' 1722, Directing us the Subscribers to run the lines of a Certain council, xi.. 

Tract of Land Adjoyning to the Town of Dorchester and if wee find ^^ 

any persons have got into possession of the premises, that wee report House Jour- 
the Same to the S"^ Court, that So the Attorney General may bring for- Ante,'\>.ii&, 
ward a proper Writt in the Law to Eject all Such,. In Obedience, *^i^''»p- i^^. 

to the above s'^ Order Jan^' 2P' 1722-3 Wee ran the Line & do find 

Daniel Howard, Robr' How^ard, Joseph Snell, & Ephraim Fobes have 
possessed themselves thereof by planting Trees, & Fencing part of the 
S'^ Land, also have Built two dwelling Houses, thereon the Year last 
past 

(Signed) Sam'-'- Thaxter, 

Robert Spurr, 
John Quincy. 

Read & 

Ordered that this Report be accepted and that the attorney General! 
be directed forthwith, to bring forward a proper Writt or Writts in the 
Law to Eject Daniel Howard, Robert Howard, Joseph Snell & P^phraim 
Fobes, out of a Certain Tract of Province Land, adjoining to Dorches- 
ter, Contained in a platt Given in by Coll : Sam" Thaxter & Coll : AYil- 
liam Dudley, & which is referred to in the above report. \_Passed Jaly 1. 



320 



Province Laws (Besolves, etc.). — 1723-24, [Chaps. 85-88.] 



CHAPTER 85. 



ORDER ALLOWING £42. 8. 7 TO BENJ^ GIBSON. 



Legislative 
Eecords o£ 
Council, xi. 

587. 

House Jour- 
n;il, p. 61. 
Ante, p. 215, 
chap. 161. 



ttig An Accompt presented by Benj" Gibson of Wages due to bis Son 
Benj'' Gibson Jun'' Dec*^ for his Service as Chaplain of the Forces East- 
ward, from August 3P' 1722 to March 16"" 1723, Amo' to the Sum 
of £42. 8. 7. 

Read and 

Ordered^ that the Sum of Forty two pounds. Eight ShilHngs & Seven 
pence, be allowed & paid out of the publick Treasury to J\P Benj* Gib- 
son the Accomptant in full Satisfaction for his Sons officiating as Chap- 
lain of the Forces Eastward. [Passed July 1. 



Legislative 
Records of the 
Council, xi., 

587. 

House Jour- 
nal, p. 60. 



CHAPTER '^i^. 

ORDER ALLOWING £2 TO JN" YOUNG. 

A PETITION of John Young, Praying an allowance for money he Ex- 
pended, on his Sickness, while in the Service Eastward 

Read & 

Ordered ^ that the Sum of Two pounds be allowed & paid out of the 
publick Treasury to John Younge the petitioner, in answer to his peti- 
tion. \_Passed July 1. 



CHAPTER 87. 



Legislative 
Records of the 
Council, xi., 

587. 

House Jour- 
nal, p. 61. 



ORDER ALLOWING £46. 1 TO D" EBENEZER ALLEN. 

An Accompt of Ebeuezer Allen one of the Surgeons of the Forces 
Eastward, of Sundry Disbursments, & Cash paid two Accts : of D"" 
Joseph Peirce, Amo' to the Sum of £46. 1/. 

Read & 

Ordered ' that the Sum of Forty Six pounds one Shilling be allowed 
& paid out of the publick Treasury, to D' J]benezer Allen in full dis- 
charge of this Accompt. \_Passed July 1. 



CHAPTER 88 



ORDER ALLOWING £ir.2. 4. 9 TO 



Legislative 
Records of the 
Council, xi., 

587. 

House Jour- 
nal, p. 61. 



DISCHARGE 
ACCT. 



D« EBENEZER ALLENS 2» 



An Accompt presented b}^ D"" Ebenezer Allen, of his Service, as Sur- 
geon of the Forces Eastward (with Medicines) from June 28"' 1722 to 
June 20"" 1723 and the Service of Benj" Hill his Assistant from July 
1^' 1722 to June 20"' 1723, Amo' to the Sum of £178. 4. 10. 

Read & 

Ordered^^ that the Sum of one hundred Fifty two pounds Fourteen 
Shillings & Nine^ pence, be allowed & paid out of the publick Treas- 
ury, to D' Ebeuezer Allen, in full discharge of the within Accompt. 
\_Passed July 1. 

' The House Jonrmil reads, " Resolved." 
2 The House Journal reads, £ir)2. 14. 2. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1723-24. 321 



CHAPTEE 89. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP^ JOHN 
SHIPLEY & COMPANY. 

A Mdster Roll of the Company in his Majesties Service Eastward ^ford"of th 
under the Command of Cp' John Shipley, Containing an Ace' of Wages, Council, xi., 
due to them for their Service from Uec^ 11"' 1722 to, June 24"' 1723, ^Ui 

Amo' to the Sum, of £597. 18. 7. House Jour- 

rr. T » 1 » n nal, p. 63. 

[Read, Accepted And] 

Resolved, That the Sum of Five hundred ninety Six pounds, two Shil- 
lings & Ten pence be allowed & paid out of the pnblick Treasury to 
the officers and Soldiers born on the within Roll, in full discharge of 
their Wages. [Passed July 1 . 



CHAPTER 90. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF MAJR SAM"- 

MOODEY & COMPA. 

A Muster Roll of the Company in his Majesties Service under the Legislative 
Comm'i of Maj^ Samuel Moodey, Containing an Ace' of Wages due to councff xV^® 
them, for their Service Eastward, from Nov' 21^' 1722, to Febr^ 3<> 1722, 588. 
Amo* to the Sum of £301. 16. 4. House Jour- 

[Read, Accepted and] °''^' p- *'^- 

Resolved, that y'' Sum of Two Hundred & Ninety Five pounds. Six- 
teen Shillings & Four pence, be allowed & paid out of the publick 
Treasury to the officers & Soldiers born on the within Roll to whom 
the Same is due (According to the Report thereon) in full discharge 
thereof. [^Passed July 1. 



CHAPTER 91. 

RESOLVE ALLOWING £3. 9 TO JOS: MARION. 



An Accompt presented by Joseph Marion of Writing done for the Legislative 
publick to this time, amo' to the Sum of Three pounds Nine Shillings,, councff, xf.,*^^ 

[Read, and] " fi88. 

Resolved, That the Sum of Three pounds & Nine Shillings be House Jour- 
allowed & paid out of the publick Treasury to Joseph Marion, the °*^>p-^- 
Accomptant in full of the within Accompt. {^Passed July 1. 



CHAPTER 92. 

ORDER ALLOWING £3. 15. 10 TO THO^ HOGG. 



An Accompt presented by Tho' Hogg of Nursing and attendance on Legislative 

Josiah Richardson a Soldier Sick at Arowsick together with Damage Suncif xi^^^ 

done to his Bedding, Amo' to the Sum of £3. 15. 10. Read [ac- sss. 

cepted] and House Jour- 

nal, p. 62. 



322 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 93-95. ] 



Ordered,^ That the Sum of Three pounds Fifteen Shillings & ten 
pence, be allowed &. paid out of the publick Treasury to Thomas Hogg 
the Accomptant in full discharge of the said Accp'. [Passed July 1 . 



CHAPTER 93. 



RESOLVE ALLOWING £50 TO THO^ RICH. 



Legislative 
Records of the 
Council, xi., 

588. 

House Jour- 
nal, p. 62. 
Province 
Laws, ix., 201, 
cliap.80; 618, 
chap. 82. 



A Petition of Thomas Rich of Salem Shewing that his Mother, 
Martha Carey (who with her Husband & his Father in Law Gyles 
Carey Suffered death in the time of the Witchcraft) had in her hands 
Sixty pounds of personall Estate, left by his Father, which She Care- 
fully Kept for the petitioner & which was lost by her Suffering, and 
therefore praying this Court to make Some allowance to him in Con- 
sideration thereof as they have done to others in the Like Circum- 
stances, 

Read [Accepted] & 

Eesolv'd That the Sum of Fifty pounds, be allowed & paid out of 
the publick Treasury, to the petitioner Thomas Rich in full Satisfac- 
tion for the Losses he might have Sustained, as at Large Sett forth, 
in his petition. \^Passed July 1. 



CHAPTER 94 



ORDER CONFIRMING TITLE TO A PLATT OF LAND BELONGING TO JOHN 

CHANDLER &ca. 



Legislative 
Records of the 
Council, xi., 
590. 

Legislative 
Records of the 
Council, xi., 
559. House 
Journal, p. 65. 



A Platt presented by John Chandler of Andover of two hundred 
Acres of Land granted b}' the General Court in the Year 1661 to 
George Smith & laid out to him on the North Side of Merrimeck 
River, at the Head of Long pond, and the marks & Bounds now 
renewed at the desire of the Said John Chandler, by Samuel Dan- 
forth Surveyour & two Chain men, under oath, Whereupon, 

Ordered, that the Said two Hundred, Acres, as described in the, 
within plan agreeable to the Report of the Surveyour & Chain men 
under oath, and herewith Exhibited, be and hereby is Confirmed unto 
the petitioner John Chandler, & the other Heirs of Thomas Chandler 
dec*^ in full Satisfaction of the Grant made to the aforenamed George 
Smith, of Two hundred Acres of Land Anno 1661. [^Passed July 2. 



CHAPTER 95 



RESOLVE ALLOWING £5. 6 TO AV-^' GERMAIN. 



Legislative 
Records of the 
Council, xi., 
590. 

House Jour- 
nal, p. 67. 



A Petition of William Jermain, Shewing that Being in the Service 
Eastward, he was Visited with a Sore Sickness with which he lost the 
Sight of one of his Eyes, & was at Considerable Expence in Doctors & 
Medicines, & praying that his Charge may be reimbursed and that his 
Wages may be Continued to him. In Compassion to himself & Family 

> The House Journal reads, " Resolved." 



[1st Sess,] Province Laws (Besolves, etc.). — 1723-24. 323 

Read [Accepted] and 

Ordered,^ That the Sum of Five pounds Six Shillings be allowed 
& paid out of the publick Treasury to the petitioner, William Germain, 
for the Cliarges he has been at about liis P^ye, & further that he re- 
ceive the pay of this Goverum' as a Soldier to this time. [^Passed 
Juhj 2. 



CHAPTER 96. 

ORDER ON THE MEMORIAL OF W^' PAYNE ESQ« PRAYING FOR A NEW 
TRIAL AND STAY OF EXECUTION. 

A Memorial of William Payne Esq' late Clerk of the House of Rep- Legislative 
resentatives praying that he may be allowed a new Trial at the Inferiour coundi! xl!*^^ 
Court of Common pleas at Plimouth of an Action, Commenced against ^ 



him by Cp' Johu Alden on ace' of a AV arrant of Distress, Issued by the House Jour- 
petitioner ags' the Said John Alden by order of the House & in which "* ' ^'" 
Action Judgment went against him, by default and likewise that Exe- 
cution on the S*' Judgment may be Stopped & Suspended in the mean- 
time. 

Read & 

Ordered that the prayer of the memorial be granted & that the Memo- 
rialist have Leave to bring in a Bill Accordingly. \_Passtd July 2. 



CHAPTER 97 

RESOLVE FOR EMITTING £20,000 IN BILLS OF CREDIT ON THIS PROV- 
INCE AND PROVIDING SECURITY. 

Pursuant to the directions in the Royal Charter in that Clause or Legislative 
paragraph, Impowering the General Court to Impose and Levy pro- coum^f, xll*'*' 
portionable Assessments, Rates & Taxes. ^ 

Resolved, That the Treasurer be and hereby is directed, to Issue House Jour- 
forth & Emitt, the Sum of Twenty Thous'' pounds in Bills of Credit Pro^?jnce 
on this Province, for the Necessary defence, & Support of the Gov- Laws, i., le. 
ernment & the protection and preservation of the Inhabitants thereof, 
to be Issued & dispos*^ of by Warrant under the Hand of the Gov"" or 
Commander in Cheif for the time being, with the Advice & Consent 
of the Council, all which Sum Shall be applied for the Uses Intents 
& purposes in this Act, hereafter Expressed ; Viz' 

For the. Payment of all Grants, Premiums, & Stipends Established 
by Law for y*" defreying & paying the Charges of Castle William, 
& other Forts & Garrisons, Transports, Muster Rolls of Soldiers & 
Sailors allowances & all other Accompts of Charge already made or 
pass'd, or which Shall be made or pass'd on for payment, by this 
Court ; and the S" Bills, Shall pass out of the Treasury, at the Value 
therein P^xpressed, Equivalent to Money and Shall be so taken & 
accepted in all publick payments And that the duties of Impost & 
Excise, Shall be a fund and Security, for the Repayment & drawing 
in the Said Bills into y' Treasury again, So far as that will Reach. 

And as as - a further Fund & Security for the Same, 

Resolved, That there be and hereby is granted to His Most Exel- 
lent Majesty, for the Ends & Uses aforesaid & for no other Ends & 

> The House Journal reads, " Resolved." 
2 Sic. 



32i 



Province Laws [ResolveH, etc. ) . — 1723-24. [Chaps. 98-100.] 



Legislative 
Records of tlie 
Council, xi., 
5'J3. 

House Jour- 
nal, p. 70. 



uses whatsoever, a Tax of Three Thous'd pounds, to be Levied upon 
Polls & Estates, both Reall & personall within this Province, accord- 
ing 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 One Thousand Seven Hundr*^ & Twenty Five, & paid into the 
Treasury, on or before, the last day of Dec'' next after. And that 

the Further Sum of Three Thousand pounds, be Levied upon Polls & 
Estates, both lleall & 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 
and Generall Court, or Assembly, of this Province, at their Session in 
May one Thousand Seven Hundred & Twenty Six & paid into the Treas- 
ury, on or before the last day of Dec"' next after 

And that the Further Sum of Fourteen Thousand pounds, being the 
Remainder of the aforesaid Twenty Thous'' pounds, be Levied upon 
Polls & Estates, both Reall & personall within this Province, accord- 
ing to Such Rules & in Such proportion, upon the Several Towns & 
districts within the Same, as Shall be agreed on & ordered, by the 
Great and General Court or Assembly of this Province, at their Ses- 
sion in May one Thous'd Seven hundred & Twenty Seven and paid 
into the publick Treasury, on or before, the last day of Dec"^ next 
after. [Passed July 2. 



CHAPTEK 98. 

RESOLVE ALLOWING £300 TO HIS HONOUR THE LIEU'^ GOV". 

Resolred, That the Sum of Three Hundred pounds, be allowed & 
paid out of the publiek Treasury, to His Honour William Dummer 
Esq"" L' Gov"" and Commander in Cheif of this his Majesties Province, 
for his Support in Managing the affairs, of the Government [Passed 
July 2. 



CHAPTER 99. 



RESOLVE ALLOWING £500 TO Y" JUSTICES OF Y= SUPERIOUR COURT. 



Legislative 
Records of the 
Council, xi., 
694. 

House Jour- 
nal, p. 71. 



Resolved, That the Sum of Five hundred pounds be allowed, & paid 
out of the publick Treasury, to the Honb''" the Judges of the Superiour 
Court of Judicature in proportion to the Courts, they attended, the 
Year past. [Passed July 2. 



CHAPTER 100. 



RESOLVE ALLOWING £250 TO Y'^ TREASURER. 



Legislative 
Records of tlie 
Council, xi., 
.594. 

House Jour- 
nal, p. 71. 



Resolved, that the Sum of Two hundred & Fifty pounds, be allowed 
& paid out of y'' publick Treasury to Jeremiah Allen Esq' Treasurer of 
this Province, for his Service the Year past in the Treasury & Supply- 
ing the Garrisons. [Passed July 2. 



[1st Sess.] Province Laws {Resolves, etc.). — 1723-24. 325 

CHAPTER 101. 

RESOLVE ALLOWING £20 TO Y^- CLERK OF Y^" HOUSE. 

In the House of Representatives, nf?'®'?*'^? u 

Resolved that the Sum of Twenty pounds be allowed & paid out of council, xi., 
the publick Treasury to John Wainwright Esq"", Clerk of this, House ^ 



in part for his Service, the Year Curr' House Jour- 

In Council Read & Concurred. [Passed July 2. ' ' 



CHAPTEE 102. 

RESOLVE ALLOWING £25 TO JOHN FLAGG. 



Resolved That y'' Sura of Twenty Five pounds, be allowed & paid Rlfo^^fof the 
out of the publick Treasury to M"" John Flagg Door keeper to His council, xi., 

Honour the L' Gov"" & this Court for half a Years Service Ending the ^ 

Twenty Sixth of June Next. [Passed July 2. Ho"se Jour- 



CHAPTER 103. 

RESOLVE ALLOW^ING £5 TO M^ JOSEPH SEWALL. 

In the House of Representatives Rifords ofthe 

Resolved that y** Sum of Five pounds be allowed & paid out of the Council, xi., 

publick Treasury to M'' Ezekiel Lewis to be delivered to y" Revr** M' — ., 

Joseph Sewall with y*^ thanks of this House for his Service to them ; naTrf n^^ 
In Council Read &. Concurred. [Passed Jidy 2. 



CHAPTER 104. 

RESOLVE ALLOWING £5 TO Y= CHAPLAIN OF V BOARD. 

Resolved, That the Sum of Five pounds be allowed & paid out of r®^'®'^**^^ fv, 
the publick Treasury to Penn Townsend Esq'', to be delivered to the Council, xi., 
Revr*^ D'' Cotton Mather, for his Service to the Honourable Board. '^ 

[Passed July 2. House .Jour. 

CHAPTER 105. 

RESOLVE ALLOWING £12. 3. 11 TO DANIEL BAG. 

An Accompt presented by M'' Daniel Bagg of his time & Expence, Legislative 
in a Journey to Albany by order of the (xovr'"' as Express Anio' to counc'if x^i "'^^ 
the Sum of £12. 3. 11. 594. '' " 

[Read, And] House .Jour- 

Resolved That the Sura of Twelve pounds three Shillings & Eleven ^^^' P- *^'^- 
pence be allowed & paid out of the publick Treasury to M"' Daniel 
Bagg in full discharge of this Accorapt. [Passed July 2. 



326 



Province l^AVf^ {Resolves, etc.). — 1723-24. [Chaps. 106-109.] 



CHAPTER 106'. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CP'^ FRANCIS 

BARKER'S COMP'^ 



Legislative 
Records of the 
Council, xi., 
595. 

House Jour- 
nal, pp. 69, 70. 



A Muster Roll of the Company in his Majesties Service Eastward 
under the Command of Cp' Francis Barker, Containing an Accompt of 
"Wages, due to them for their Service, from Nov"' 7"' 1722 to June 25"' 
1725, Amo' to the Sum of £791. 4. 11. 

[Read, Accepted And] 

Resolved That the Sum of Seven Hundred Ninety one pounds Four 
Shillings & Eleven pence be allowed & paid out of the publick Treas- 
ury to the officers & Soldiers born on this Roll to whom the Same is 
Respectively due, in full discharge thereof. \_Passed July 2. 



CHAPTER 107. 



Legislative 
Records of the 
Council, xi., 
595. 

House Jour- 
nal, p. 70. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP^ JOHN 

RICHMONDS COMPA. 

A Muster Roll of the Company in his Majesties Service Eastward, 
under the Command of Cp' John Richmond, Containing an Ace' of Wages 
due to them, for their s** Service from Sepf 21" to Jau^ 16"" 1722, Amo' 
to the Sum of £195. 17. 1. 

[Read, Accepted And] 

Resolved That the Sum of one Hundred Seventy Four pounds, thirteen 
Shillings, & Nine pence, be allowed & paid out of the publick Treasury 
to the officers & Soldiers born on the within Muster Roll, to whom the 
Same is respectively due, (agreeable to the Report thereon), in full dis- 
charge of the wages thereof. \_Passed July 2. 



CHAPTER 108 



ORDER ALLOWING £5. 11. 8 TO RICHARD HALL. 



Legislative 
Records of the 
Council, xi., 
595. 

House Jour- 
nal, p. 70. 



An Accompt presented. By Richard Hall, Taverner, of the Charge 
of Several Committees of the Courts amo' to the Sum of £5. 11. 8. 

[Read And] 

Ordered^ That the Sum of Five pounds Eleven Shillings & Eight 
pence be allowed & paid out of the publick Treasury to M"" Rich'' Hall, 
in full of the above Accompt. \^Passed July 2. 



CHAPTER 109. 



ORDER ALLOWING £44. 9 TO CP^ FRANCIS BARKER. 

Records of the ^ MEMORIAL of Cp' Francis Barker, Shewing that the Sum of Forty 
Council, xi., Four pounds Nine Shillings Charged in his Muster Roll, made up last 
Winter for Slops delivered to the men, were for the Province, Stores 

> The House Journal reads, " Resolved.'' 



595. 



[1st Sess.] Province Laws {Resolves, etc.). — 1723-24. 327 

(or the greatest part thereof) & what he Rec** of M' Gooch the Com- House Jour- 
missary & paid him for, as he can make appear by the S'^ Goochs Re- i722)'-'f^«).'*°'' 
ciepts and, therefore praying that he may have an order for recieving ^'|<e, p-sis, 
the S'' Sum out of the publick Treasury, & likewise that he may be 
Allowed the Sum of Fourteen pounds for his Sons Wages in the Said 
Roll. 

Read & 

Ordered^ That the Sum of Forty Four pounds Nine Shillings be 
allowed and paid out of the publick Treasury to Cp' Francis Barker, 
in full Satisfaction for the like Value Charged in His Roll the last 
Session, & deducted from the Wages thereof, & in answer to this 
Memorial in full. \_Passed July 2. 



CHAPTEE 110. 

RESOLVE ALLOWING £12. 11. 3 TO MOSES MARKHAM & OTHERS. 

A Memorial of Moses Markham, in behalf of himself and Divers Legislative 
others, who have been put to Considerable Expences by Sickness they councif x*i '^'^^ 
have had, during their being in the Service Eastward, praying that the 596. 
Accompt of their disbursments hereto annexed may be allowed & paid 
to them out of the publick Treasury. 

Read & 

Resolved., That y^ Sum of Twelve pounds Eleven Shillings & three 
pence be allow*^ and paid out of the publick Treasury to Moses Mark- 
ham and the other persons, mentioned in the Annexed Ace' accord*^ as 
the Same Stands Entered against their Names, in full discharge thereof. 
\_Passed> July 2.- 

CHAPTEE 111. 

ORDER ALLOWING £26. 11 TO DAVID MELVIL. 

A Petition of David Melvill, Keeper of his Majesties Goal at Bos- Legislative 
ton. Praying that he may be allowed out of the publick Treasury his councif xl*^^ 
Charge in Subsisting John Bly Maurise Fitz Gerald, «fe Martha Ed- 596. 
wards, Prisoners Committed to his Majesties S'' Goal for Divers Crimes House Jour- 
& offences and who have nothing to pay the Said Charges withall and "'' ' ^' ^^' 
likewise the Charge of Subsisting, nine Indian prisoners, According to 
the Ace' hereunto Annexed. 

Read & 

Ordered^ That the Sum of Twenty Six pounds, Eleven Shillings, 
be allowed & paid out of the publick Treasur}^ to David Melvil the 
Accomptant in full discharge of this Accompt. \_Passed July 2. 



CHAPTEE 112. 

ORDER ALLOWING £3. 10 ON ACCO'^ OF CHARGE IN RUNNING Y« LINE 
ON PROVINCE LAND NEAR DORCHESTER. 

An Accompt presented by Samuel Thaxter Esq"" of the time & Ex- Legislative 
pences of the Committee, in Running the Line, between the Province councif xf.*^^ 
Land, & the Land granted, to Dorchester, amo' to the Sum of £3. 10/. 596. 

' The House Journal reads, " Resolved." 
8 Not fouud in the House Journal, 



328 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 113, 114.] 



House Jour- 
nal, p. 66. 
Ante, p. 319, 
chap. 84. 



Read & 

Ordered^ that the Sum of Three pounds & ten Shillings be allowed & 
paid out of the publick Treasury to Samuel Thaxter Esq'' for the use of 
the Said Committee in full discharge of this Accompt. \_Passed July 2. 



CHAPTEE 113. 



Legislative 
Records of the 
Council, xi., 
597. 

House Jour- 
nal, p. 33. \ 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP EN- 
DEAVOUR JACOB PARKER M^. 

A Muster Roll of the Sloop Endeavour, (a Transport in the Ser- 
vice of this Province,) Jacob Parker Master, Contain^ an Accompt of 
Wages due to the S'* Master & Company & for the Hire of the S'' Sloop 
from Jan^ 9"' 1722 to June 3^ 1723, Amo' to the Sum of £148. 

[Read, Accepted And] 

Resolved that the Sum of one hundred & Forty Eight pounds be 
allowed &, paid out of tlie publick Treasury, to the Said Jacob Parker 
to be by him paid to the officers & Sailors & owners of the Said Sloop 
Endeavour, to whom the Same is Respectively due in full discharge of 
the Hire & Wages. \_Passed July 2. 



CHAPTER 114. 



Legislative 
Records of the 
Council, xi., 
597. 

House Jour- 
nal, p. 50. 



RESOLVE ALLOWING £10. 1. 8 TO NATHAN HALE. 

An Accompt presented by Nathan Hale of Medicines & attendance 
on James Tyler a Soldier under the Command of the late Cp' John 
Wainwright, (whom he Cured of the Leprosy) amo' to the Sum of 
£10. 1. 8. 

[Read, Accepted And] 

Resolved That the Sum of Ten pounds one Shilling «fe Eight pence ^ 
be allowed & paid out of the publick Treasury to Nathan Hale the 
accomptant in full discharge of this Accompt. \_Passed July 2. 

' The House Journal reads, " Resolved." 
^ The House Journal reads, £10. 1. 5. 



[2d Sess.] Province Laavs (liesolves, etc.). — 1723-24. 329 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the SesS'ion begun and held at Boston, 
ON THE Seventh Day of August, A.D. 1723. 



CHAPTER 115. 

VOTE ON CO. TREAS« OF MIDSEX HIS ACCC. 

An Accompt presented by M"" Daniel Russell Treasurer of the County Legislative 
of Middlesex from May 1722. to June 1723, having been inspected by coundf xli!''! 
the Court of General Sessions of the Peace for the said County, and — — 7-^- — '-— 
by them allow'd & approv'd of, Excepting some Articles nai, p. 3. 

Read & Allow'd with the Subductiou of the two Articles noted on chap. 8.'^^^' 
the Audit, and an Article of twenty four Shillings paid Samuel Long 
by order of the Superior Court, for that the Superior Court are not 
impower'd to make Draughts upon the County Treasurer. The Court 
of General Sessions of the Peace being adjourn'd by this Court in 
May, which is the Reason that this Account was not then presented. 
li_Passed August 8. 



CHAPTER 116. 

ORDER OF NOTICE ON BAR^ JACKSONS PETITION COMPLAINING OF A 

JUDGMENT. 

A Petition of Bartholemew Jackson of Marblehead Shewing that Legislative 
he was sued at the Inferior Court of Common pleas for the County coundf, xn*!!^! 
of Essex, by Nicholas & Mary Andrews in an Action of Trespass and Le'nsiative ' 
Ejectm' for possession of a peice of Land, Messuage &c^ At w*"'' Suit Records of the 
Judgment went for the plaintifs, from which the petitioner appeald i2?"nou8e"'' 
to the next Superior Court for said County, but upon the Promises Journal, p. 5. 
of the s** Nicholas & Mary Andrews to give him a quit Claim, he neg- Laws, vi., 149, 
lected to file his Reasons of Appeal in due Season, so that the said ^5""™' ^''^'^*^- 
Andrews upon his Complaint to the Superior Court held in May last, 
obtain'd a confirmation of the said Judgment with additional Costs, 
And the Petitioner being without Remedy in the Law, therefore pray- 
ing that by a private Act he may be enabled to file his Reasons of Ap- 
peal to the next Superior Court, and that the Judges may be directed 
& impower'd to admit him to a Trial thereon. 

Read & 

Ordered that the petition" serve the adverse Parties with a Copy of 
this Petition that so they may shew cause (if any they have) on the 
14"' of this ins' August why the prayer of the Petition shou'cl not be 
granted. \_Passed August 9. 



330 



Province Laws (^Resolves, etc.). — 1723-24. [Chaps. 117-119.] 



Legislative 
Records of the 
Council, xii., 4. 

House Jour- 
nal, p. 5. 



CHAPTER 117. 

ORDER APPOINTING A COMMITTEE IN REGARD TO THE MANUFACTURE 

OF LINEN. 

A Memorial of Francis Thrasher of Boston Clothier containing sev- 
eral proposals for the encouragment of the linneu Manufacture within 
this Province 

In the House of Represen'™' Read & • 

Ordered that M' Cooke IVI' Dudley Cp' Epes & M^ Remington with 
such as the Hon''''' Board shall appoint, be a Committee to consider 
of this Memorial and report what they think proper for this Court 
to act for the better encouragement of the linnen Manufacture within 
this Province 

In Council Read & concur'd & 

Ordered that Thomas Fitch Edmund Quincy & Adam Winthrop Esq" 
be join'd to the Committee of the House on the Affair above. \_Passed 
August 9. 



CHAPTEE 118. 

ORDER ON PETITION OF ISAAC LITTLE ESQ^ IN REGARD TO A NEW 
TRIAL WITH STAY OF EXECUTION. 



Legislative 
Records of the 
Council, xii., 5. 

House Jour- 
nal, p. 4. 
Ante, p. 316, 
«hap. 76. 



A Memorial of Isaac Little Esq'' Shewing that whereas this Court 
did, in answer to his Petition to have a new Trial at the Superior Court 
next to be holden for the County of Plymouth of an Action wherein 
Joseph Mallisou was a Party, Order, that the s*^ Mallison shou'd be 
served with a Copy of the s'* Petition that so he might give in his 
Answer at this present Session, The Memorialist by reason of Sick- 
ness was uncapable of serving the s** Mallison with a Copy of the 
Petition, and therefore praying that the affair may be continued to 
the fall Session 

Read, & in answer to this Memor' 

Ordered, That the Memorialist serve the s*^ Joseph Mallison with a 
Copy of his Petition ^ in May last at his Cost & Charge, that so he may 
give in his Reasons (if any he have) on the first Fryday of the next 
Fall Session, Why the Prayer thereof should not be granted, and that 
Execution of the Judgment of the Super"" Court be stay'd in the mean 
time, Provided the Petitioner serve the Copy fourteen Days before the 
sitting of the s'' Court ; - any Law Usage or Custom to the Contrary not- 
withstanding. \_Passed August 9. 



CHAPTER 119. 



VOTE ACCEPTING THE REPORT ON M'' CRAIGHEADS AFFAIR. 



Records'of the "^"^ FOLLOWING REPORT was made by the Court of General Sessions 
Council, xii., of the Peace for the County of Bristol on M*^ Tho' Craigheads Petition 
' ■ viz 



House Jour- 
nal, p. 4. 



That whereas the Hon'''"' the Great & General Court at their last 

» The House Journal inserts, " to this Court." 

" The words "Provided . . . Court" are not in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1723-24. 331 

Session in May 1723. did order the Court of General Sessions of the ^7i<e, p. 305, 
I'eace for the County of Bristol on the second Tuesday of July last *''''*^*' *^' 
past to enquire into the Affair between the Town of Freetown and 
M'' Tho' Craighead relating to his being kept out of his Salary by the 
s'^ Town, and to make Repoi't of what they (ind due to him at the next 
Session of this Great & General Court ; And the Select Men of the s'' 
Town, and the s'^ JM' Craighead appear'd in Court, and the Affair being 
fully heard, the Court And M'' Craighead has a Right to sixty five pounds 
^ Annum from the Town of Freetown from the 9"' of Septem'' 1717. to 
the 9*'' of March 1720. being three Years & an half from w'^'' time (viz 
from the 9"^ of March 1720) he dismiss'd himself from the work of the 
Ministry in said Town, by a writing under his hand Dated the 14"' 
Day of October preceediug the aforesaid 9"' of March, The whole Sum 
amounting to two hundred & twenty seven pounds & ten Shillings, for 
which there are rates made and already committed (with Warrants) to 
the respective Officers for collecting the same, himself being made the 
Receiver, of which said Sum tliere has been paid to him by sundry per- 
sons Inhabitants of said Town, as their parts of said Rates, the Sum 
of Seventy one Pounds nineteen Shillings & five pence as by s*^ Craig- 
lieads Ace' to this Court deliver'd doth appear ; so that upon the whole 
there remains due from the Town of Freetown the sum of One hundred 
fifty five Pounds ten shillings & seven pence to the Rev'' M'' Tho' Craig- 
head for his Work of the Ministry in said Town. 

Done by order of the Justices in General Quarter Sessions assembled 
the Second Tuesday in July 1723. 

Sign'd Eben'' Brenton Cler 

Read & 

Order'd that this Report be accepted. \^Passed August 10. 



CHAPTER 120. 

ORDER CONFIRMING A PLAN OF 300 ACRES OF LAND TO THE HEERS 

OF JOSEPH HOW. 

A Plan of three hundred Acres of Land originally granted to Wil- ^*^^^rds*of th 
liam Habbei'feild, lying Northerly of Brookfeild, westerly of Brantree council, xii., 5. 
six thousand Acres & Rutland, at a place called Wolf Pitt Plain ad- House Jour, 
joining to Ware River, survey'd by Cp' W™ Ward 4«^?e''if'290 

A plan of three hundred Acres of Land petition'd for by Thomas chap! 16. 
Amsden & Jeremiah Barstow for themselves & others the Children & 
Heirs of Joseph How some time of Marlboro' in the County of Mid- 
dlesex dec'' (as entred the seventh of June last) granted to M"' Wil- 
liam Habberfeild Anno 1698 (as is therein particularly delineated & 
described) being presented 

Wherefore 

Ordered that the s'' three hundred Acres as described in the within 
Plan, agreable to the Report of the Surveyor & Chain-Men under Oath 
(& herewith exhibited) be & hereby is confirm'd to the Heirs and proper 
Represent''^' of the s'' Joseph How, as he is Assignee of William Hab- 
berfeild, Provided that there be no more than three hundred Acres 
within the Limits described in the Plan and that it infringes not on 
any former Grant. [Passed August 10. 



332 Province Laws {Resolves, e/,c.). — 1723-24. [Chaps. 121-124.] 

CHAPTER 121. 

VOTE FOR MAKING A FENCE ON BOSTON NECK. 

ElSrds'of the '^'^^^^^ ^^^^^ ^ g^ocl Fence (with one Rail) about four feet high, shall 
Council, xii., 6. be built &, finish'cl on both sides of y*^ Way on Boston Neck at the Prov- 
House Jour- ince Charge, and the County of Suffolk shall be and hereby is oblig'd 
nai, p. 10. ^^ j^ggp ^^^^ ^ maintain such a Fence effectually for the future ; And 

that Elisha Cook, William Dudley and William Payne Esq'% have the 
Care to see the said Fence well built. \_Passed August 10. 



CHAPTER 122. 

RESOLVE ALLOWING £19 TO SAM'- DOWSE. 



Records^of the A MEMORIAL of Samuel Dowse praying that he may have some proper 

Couiicii, xii., 6. Allowance for his Service as Commissary of the Forces Eastward under 

House Jour- the Command of ColF Walton in the Year 1722. 

°^i'P-'- Read& 

Resolved that the Sum of nineteen Pounds be allow'd &, paid out of 
the public Treasury to W Samuel Dowse in full of his Service in deliv- 
ering out Stores (fee" to y*" Forces Eastward. \_Passed xiugust 12. 



CHAPTER 123. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CP^' ROB''' 

TEMPLE'S COMP-^. 

Recordfof the ^ MusTER RoLL of the Company in His Maj'^' Service late under the 
Couacii, xii., 7. Command of Cap' Robert Temple, containing an Accompt of Wages due 
House .Jour- to the s*^ Comp" for their Service from Decem*" 11. 1722. to April 11. 
nai, p. 12. J723 amounting to the Sum of £415. 13. 6. 

[Read, Accepted And] 

Resolved That the Sum of four Hundred & eleven Pounds eighteen 
Shillings & six pence be allow'd and paid out of the public Treasury 
to the Officers & Soldiers born on the within Roll in full Discharge of 
the same. [^Passed August 13. 



K^r»the CHAPTER 124. 

Council, xii., 7. 

Miiss. VOTE FOR SENDING FOR COL" SCHUYLER. 

Archives, 

xxxi., 110. 

Record^of the Voted, That an Express be dispatch'd to Albany to desire the Hon'''* 

Council, xi., Col" Peter Schuyler or Col" John Schuyler wou'd please to make a Visit 

.wsV^xn.fl!'?. to this Groverum' in order to confer with them upon the present .lunc- 

House.Jou'r- \^x\YQ of Affairs touching the Maquas & Eastern Indians. [Passed 

nai, pp. 26, 29, . ^ -, „ ° ^ "- 

30, 49 (.Tune) ; August Id. 

pp. 3, 15. Ante, 
p. 287, chap. 1. 



[2d Sess.] Province Laws (i?esoZyes, e^c.). — 1723-24. 333 

CHAPTER 125. 

ORDER ON JOHN BUSHELLS PETITION FOR LICENSE AS INNHOLDER. 

A Petition of John Bushell of Boston Shewing that he has for some Legislative 
time been favour'd with a licence to retail strong Drink within and with- coum-if xii^'s 

out Doors, and this Year having obtain'd the Approbation of the Select ^ i '~- 

Men of the s*^ Town for his continuance, The Justices of the s*^ County nai.p.ie. 
were pleas'd to dissallow him, and therefore praying that this Court LawsjL, 203 
would grant him a Licence for an luuholder chap. ]. 

Read & 

Ordered that it be recommended to the Justices of the County of 
Suffolk at their next General Sessions of the Peace to take the Sub- 
ject Matter of this Petition under Consideration, and that they be & 
hereby are impower'd (if they see Cause) to gi'ant a Licence to the Pe- 
titioner for a Retailer within & without Doors ; The Time for granting 
Licences for this present Year being elapsed notwithstanding. [^Passed 
August 13. 



CHAPTER 126. 

ORDER ON GEO: BRAMHALLS PETITION FOR LICENSE AS INNHOLDER. 

A Petition of George Brarahall of Hingham, Shewing that there is Legislative 
great need of a Tavern in the s'^ Town, and that the Select Men rec- coundi! xii?8. 
ommended him to the Justices for the County of Suffolk as a fit per- House Jour 
sou to have a Licence as a Taverner, but they were pleas'd at their nai, p.ii. 
last general Sessions to dissallow him ; and therefore praying that this La^vs^ii ^ 203, 
Court wou'd recommend his case to the s*^ Justices, and they may be c^ap. 1. 
impower'd to grant him a Licence at their next General Sessions 

Read & 

Ordered that it be recommended to the Justices of the Peace for the 
County of Suffolk at their next General Sessions to take the Subject 
Matter of this Petition under Consideration, and that they be &, hereby 
are impower'd (if they see Cause) to grant the petitioner a Licence to 
be a Taverner, the time for granting Licences by Law appointed being 
elapsed notwithstanding. [^Passed August 13. 



CHAPTER 127. 

ORDER ON JOHN HOBS & MARY TOMLINS PETITION FOR LICENSE AS 

INNHOLDERS. 

A Petition of John Hobbs & Mary Tonilin, Shewing that the Jus- Legislative 
tices of the County of Suffolk & the Select Men of the Town of Bos- counc'if, xii?^ 
ton have granted the Petitioners Licences for retailing strong Drink 10. 
for this present Year, but (thro' misinformation) they have lapsed the House Jour- 
Time allow'd by Law for giving Recognizance, and therefore praying proV^n^' 
that one or more of the Justices of the said County may be impower'd Laws, 11., 203, 
to take their Recognizances for their retailing. ^ ^^' 

Read «fe 

Ordered that it shall and may be lawful for one or more of the Jus- 
tices for the County of Suffolk with the Clerk of the Court of General 



334 



Province 'LA^vs(Besolves, etc.). — 1123-24:. [Chaps. 128-131.] 



Sessions of the pence to take Recognizances severally of the Petitioners, 
that so they may be allovv'd to retail as formerl}^ the time by Law ap- 
pointed for taking Recognizances on Licences granted for this present 
Year being elapsed notwithstanding. [^Passexl August 14. 



CHAPTEE 128. 



RESOLVE ALLOWING £10. 0. 6 TO JOHN DORREL. 



Legislative 
Records of the 
Council, xii., 
10. 

House Jour- 
nal, p. 19. 



An Accompt presented by John Dorrell of his Time and Expence in 
going Express by order of the Goverum' to Newport Salem & York at 
several Times, amounting to the Sum of £10. 0. 6. 

Read [Accepted] & 

Besolv'd that the Sum of Ten pounds & six pence be allow'd & paid 
out of the public Treasury to John Dorrell the Accomptant in full Dis- 
charge of the within Accompt. [_Passed Avgust 14. 



CHAPTER 129 



RESOLVE ALLOWING £9. 1. 11 TO BAR^ GREEN. 



Leg'islative 
Records of the 
Council, xii., 
10. 

House Jour- 
nal, p. 11. 



An Accompt presented by Bartholemew Green of the Chai'ge of print- 
ing M"" Colmans Election Sermon amounting to £9. 1. 11. 

Read & 

Besolv'd that the Sum of Nine pounds one Shilling & eleven pence be 
allow'd & paid out of the public Treasury to Bartholemew Green the 
Accomptant in full Discharge of this Accompt. [^Passed August 14. 



Legislative 
Records of the 
Council, xii., 
10^ 

House Jour- 
nal, pp. IS, 111. 



CHAPTER 130. 

RESOLVE ALLOWING £2. 17 TO W^« HALL. 

An Accompt of William Hall of the Charge of billeting Soldiers im- 
press'd in the County of Bristol in August 1722. amounting to £2. 17. 

[Read Accepted And] 

Resolv'd That the Sum of Two pounds & seventeen Shillings be 
allow'd & paid out of the public Treasury to William Hall the Ac- 
comptant in full Discharge of the within Accompt. \_Pa.ssed Au- 
gust 14. 



CHAPTER 131. 

RESOLVE ALLOWING £100 TO JOHN & ZECHARIAH HUBBARD EXEC«« 

OF CAPT. TUTHILL. 



Legislative 
Records of the 
Council, xii., 
11. 

House Jour- 
nal, p. IS. 
Ante, p. 14(), 
chap. l-.'O. 



A Petition of John & Zachariah Hubbard Executors of the last Will 
& Testam' of Cp' Zechariah Tuthil late Victualler of the Garrison at 
his Majesties Castle William, Praying that they may be allow'd out of 
the public Treasury the Sum of three hundred thirty eight Pounds &.(f 
Which (by Accompts) he was in advance above the Sums allow'd him 
for victualling the said Garrison 



[2d Sess.] Province Laws {Resolves, etc.). — 1723-24. 335 

Rend & 

Resolved that the Sum of one hundred pounds be allow'd & paid out 
of the public Treasury to John & Zechariah Hubbard P^xec" of tiie last 
Will & Testament of Cp' Zechariah Tuthil dec'' in full Discharge for 
the s'' Tuthils subsisting the Soldiers at his Majesties Castle William. 
\_Passed August 15. 



CHAPTER 132. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE SCOUT 
UNDER COLL" ELEAZ" TYNG. 

A Muster Roll of the Scout in the County of Middlesex late under Legislative 
the Direction of CoP Eleazer Tyng containing an Ace' of Wages due ?^r,?,y.'?f ^.t*"^® 

to them for then- Service from June 12"' 1723. to July 9"' following il 

amounting to the Sum of £23. 8 and £11 for their Subsistence House Jour. 

[Read accepted and] °*'' i'- '^^■ 

ResoWd that the Sum of Twenty three pounds & eight Shillings be 
allow'd & paid out of the public Treasury to the Officers & Soldiers 
borne on the within Roll in full discharge of the Wages, and that the 
further Sum of eleven pounds be allow'd & paid out of the public Treas- 
ury to ColP Eleazer Tyng to be by him repaid to the person or persons 
that have billeted or subsisted any of y'' Men borne on the within Roll 
in full Discharge thereof. \_Passed August 15. 



CHAPTER 133. 

RESOLVE ALLOWING £13 TO JOHN GODDARD. 

A Petition of John Goddard praying that he may be allow'd his Legislative 
Wages in the Muster Roll of Cp' Johnson Harmon stop'd in the Treas- councif xu*^^ 
ury upon a Suggestion of his being absent from his Post the greatest n. 
part of the Time, he having diligently & faithfully attended the Ser- House Jour- 
vice as appears by the inclos'd Certificates i72')'-'i)''i!f'^°'' 

Read [Accepted] & Ante, -p'. tid, 

ResoWd That the Sum of Thirteen pounds be allow'd & paid out of *'^''*^'" ■'^"*' 
the public Treasury to the Petitioner Jn° Goddard in full of his Wages 
stop'd in the Treasury &, in answer to his petition. \_Passed Augicst 15. 



CHAPTER 134. 

RESOLVE ALLOWING £11. 11. 6 TO JOSH'^ UNDERWOOD. 
A Petition of Joshua Underwood praying that he may be allowed Legislative 

Rpcorcis of tlip 

for going Express last Winter so far as Brunswick to summon several Council, xii., 
Witnesses to attend the hearing of Complaints against Maj"" Moodey 



12. 



Read & Legislative 

Resolv'd that the Sum of Eleven pounds eleven Shillings & six pence Council, xi., 
be allow'd & paid out of the public Treasury to Joshua Underwood the jo'urn^i'"p''i9 
petitioner in full for going in the Service of this Governm' Eastw"* & in ^"te, p.'236, 
answer to his petition. [Passed August 15. oap. 221. 



336 



Province Laws (Besolve.% etc.) . — 1723-24:. [Chaps, 135-138.] 



CHAPTER 135. 



Legislative 
Records of tlie 
Couucil, xii., 
1-2. 

House Jour- 
nal, p. 20. 



RESOLVE ALLOWING 32/6 TO BENJ'^ WOODBRIDGE. 

An Accompt of Benj* Woodbridge of Billeting Soldiers at Newbury 
impress'd for his Majesties Service amounting to the Sum of £1. 12. 6. 

[Read and] 

Resolved that the Sum of thirty two Shillings & six pence be allow'd 
&, paid out of the public Treasury to Benj'' Woodbridge the Aecompf 
in full discharge of the withiu Acco'. \_Passed August 15. 



CHAPTER 136. 



Legislative 
Records of the 
Council, xii., 
12. 

House Jour- 
nal, p. 12. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP^ DAN'- 

GOOKINS COMP^. 

A Muster Roll of the Comp'' in his Majties Service under y*^ Com- 
mand of Cp' Daniel Gookin containing an Ace' of Wages due to them 
for their Service from Jan : 15. 1722. to June 23. 1723. amount" to the 
Sum of £415. 11. 7. 

[Read Accepted And] 

Resolv'd that the Sum of four hundred & thirteen pounds six shil- 
lings & seven pence be allow'd & paid out of the Public Treasury to 
the s** Daniel Gookin & the officers & Soldiers borne on the within 
Roll agreable to the Report of the Committee. l_Passed August 15. 



CHAPTER 137. 



RESOLVE ALLOWING £3 TO BENJ-^ STEBBINS. 



Legislative 
Records of the 
Council, xii., 
12. 

House Jour- 
nal, p. 23. 



An Accompt of Benj^ Stebbins for riding Express from Northampton 

[Read, and] 

Resolved that the Sum of Three pounds be allow'd & paid out of the 
public Treasury to Benj^ Stebbins for himself & Horse for coming Ex- 
press from West Hampshire & returning Home. [^Passed August 15. 



CHAPTER 138. 



VOTE FOR ALLOWING THE SUBSISTENCE OF SERJ^ W^ WHITES MEN. 



Legislative 
Records of the 
Council, xii., 
12. 

House Jour- 
nal, p. 22. 
A rite, J). 257, 
chap. 288. 



Whereas in the Muster Roll of the Men posted under the Command 
of Sei'j' William White at Haverhill there is no Subsistence charg'd. 
& consequently none paid which Roll containing forty nine Weeks in 
the whole after the Rate of five Shillings p Week makes the Sum of 
twelve pounds five Shillings 

[Wherefore] 

Resolv'd that the [sum] of twelve pounds five Shillings be allow'd & 
paid out of the public Treasury unto the s** Serj' William White (deduct- 
ing what the Treasurer of the Province has supplied the Men with) to 



[2d Sess.] Province Laws {Resolves ^ etc.). — 1723-24. 337 

be by him paid to the Person or Persons that have subsisted the Men 
contain'd in that Roll dated in Aug'' 1722. in full discharge of the Billet- 
ing the said Men. [^Passed August 15. 



CHAPTER 139. 

RESOLVE ALLOWING 15sh. TO JOS: MAYNARD. 

A Petition of Joseph Maynard praying an allowance for Coming Legislative 
cpress from Malborough with Intelligence of y'' Indians at Rutland oouncu'! x»* 
Read & ^^- 



Resolved that the Sum of fifteen Shillings be allow'd & paid out of Legislative 
the publick Treasury to Joseph Maynard the Petitioner, in full for his councif, xii!, ^ 
service above Mentiond. [^Passed August 16. journai^tf 23 



CHAPTER 140. 

RESOLVE ALLOWING £1L 8 TO SAM'- GOOKIN ESQ^. 

An Acco'^ Presented by Samuel Gookin Esq"" for his time & Expence Legislative 
in bringing Sam' & Abel Chapin from Bristoll Amounting to £11. 8/. ^f^^if°A^^ 

[Read, Accepted, And] ]^ 

Resolved that the sum of Eleven Pounds & Eight Shillings, be allow'd Legislative 
& paid out of the Publick Treasury to the Accomptant Samuel Gookin coundf.xi"'® 
in full Discharge of this accompt. [Passed August 16. 593. House 

(July) ; p. '24. 



CHAPTER 141. 

RESOLVE ALLOWING £3 TO JN« HUGGINS. 



An Acco5!?t of John Huggins for Riding express from Springfield R^f'rdf^fthe 

[Read and] Council, xii., 

Resolved, that the Sum of three pounds be allow'd & paid out of the ^^ 

Publick Treasury to John Huggins in full for his Coming Express as ^^"?f ^'^''' 
within Meution'd. \_Passed August 17 . 



CHAPTER 142. 

RESOLVE ALLOWING £4. 10 TO THO^ "S\'YRE. 



A Petition of Thomas Wyre a Soldier in the Service Eastw"* pi'ay- Legislative 
ing that he may be allow'd the Charge he has been at for his Sickness, councif xu!^^ 
during his being in the Service at Wells le. 

[Read and] House Jour- 

Resolved that the sum of Four pounds ten shillings, be allow'd & paid °^'' ^' ^" 
out of the Publick Treasury to the petitioner Thomas Wyer in full of 
his Charge for Docters & nursing in his sickness. \_Passed August 17 . 



338 



Province Laws (i?e,sc»/yes, ete.). — 1723-24. [Chaps. 143-146.] 



CHAPTER 143. 



RESOLVE FOR V^ TREAS« RECOVERING Y= EXCISE MONY DUE IN THE 

COUNTY OF YORK. 



Legislative 
Records of the 
Council, xii., 
17^ 

House Jour- 
nal, p. '28. 



Resolved that M'' Treas'' Allen be directed to demand & Receive of 
M"" Joseph Curtis of Kittery as well as any other Person or Persons 
that have Receiv'd of Any Taverner, retailer c^c"* in the County of 
York, any Excise, the Whole of what they have Received, and to 
take Effectual Care that the whole Dutys of Excise that have hetherto 
been Collected, be forthwith paid into the Publick treasury. And upon 
the said Joseph Curtis or any other Persons that may have Received 
any Excise as aforesaid failing Immediatly to pay the same and ad- 
just their Accompts M"" Treasurer is hereby further Directed to prose- 
cute all such Persons in the Law, and the Attorney Generall of this 
province is hereby Allso ordered, to be Assisting to M'' Treasu"" in the 
Management of that affair. \_Passed August 20. 



CHAPTEE 144. 



Legislative 
Records of the 
Council, xii., 
18. 

Executive 
Records of the 
Council, vii., 
.511. House 
Journal, p. 27. 



RESOLVE ALLOWING £3. 16 TO ZACH^ SYMMS. 

An Account of Zachariah Symms of Riding Express to Springfield ^ 

[Read, Accepted And] 

Resolved that the sum of Three pounds and Sixteen shillings be 
allow'd, & paid out of the Publick Treasury to the Accomptant Zach* 
Symms to discharge the said accompt. \_Passed * August 20. 



CHAPTER 145. 



Legislative 
Records of the 
Council, xii., 

m^ 

Executive 
Records of the 
Council, vii., 
511. House 
Journal, p. 2fi. 



RESOLVE ALLOWING £3. 10 TO DISCHARGE ZACH^ SYMME'S 2" ACCOMPT. 

An Accompt of Zach" Symms of Riding Express - 

[Read, Accepted And] 

Resolved that the Sum of Three pounds ten shillings be allow'd and 
paid out of the Publeck Treasury to the accomptant Zach" Symms to 
Discharge the said Accompt. \_Passed August 20. 



CHAPTER 146. 



RESOLVE ALLOWING £.50 PER ANNUM TO DAN'- TUCKER. 



Legislative 
Records of the 
Council, xii., 

18^ ^ 

House Jour- 
nal, p. 30. 



A Petition of Daniel Tucker Praying that in Consideration of his 
being wounded through the Body in the service against the Indian 
Enemy by w'' he is utterly Disabled from doing any thing for his 
Reliefe, he may be Supported out of the Publick Treasury 

[Read and] 

Resolved that a Stipend of Fifty pounds per Annum be allow'd & 



1 The House Journal reads, 
5 The House Journal reads, 



' Hatfield:' 

■to Rhode Island,:' 



[2d Sess.] Province Laws {Resolves, etc.). — 1723-24. 339 

paid out of the Piiblick Treasury to Sergeant Daniel Tucker till the 
further order of this Court, he bearing his own Charge of Physick, 
Surgery^ & Nursing. \_Fassed August 20. 



CHAPTER 147. 

RESOLVE ALLOWING £3. 10 TO JOHN DORRELL. 

A Petition of John Dorrell praying an allowance for publishing the Legislative 
acts of the Generall Assembly & proclamations for two years past. council xU " 
Read & i^- 

Resolved that the sum of Three pounds & ten shillings, be allow'd & House Jour- 
paid out of the publick Treasury to the petitioner John Dorrell in full > » » — • 
of his Petition, he Satisfying the Drummer for his trouble. \_Passed 
August 20. 

CHAPTER 148. 

RESOLVE ALLOWING £3 TO COLL" SAM'' PATRIDGE. 

An Accompt Presented by Col" Samuel Patridge of the Charge of ^®?*^'^"^f tj, 
Sending Scouts in the County of Hampshire amounting to £3. Council, xu., 

[Read, and] ^li , 

Resolved that the Sum of Three pounds be allow'd & paid out of the ^^^^ g^"'' 
Publick Treasury to Coll" Samuel Patridge ^ to be by him paid to the 
Persons Inserted in this accompt in full for their service as above 
Express'd. \_Passed August 20. 



CHAPTER 149. 

ORDER ON Y*' PETITION OF NATICK FARMERS IN REGARD TO LOCATION 
OF A MEETING HOUSE. 

A Petition of Caleb Johusou in behalf of himself & the rest of the Legislative 
Farmers lately placed by an order of this Court to the Eastermost pre- councff xii!"^*^ 
cinct in Sudburry, Shewing that the only Reason that Induc'd them to is, i9. 
apply to the Generall Court, to be sett to the Said precinct, was a Vote House .lour- 
of the Inhabitants of said town, and an agreement under the Hands of ^^('/g^'p^'v^og, 
the Principal persons of y" said Precinct, That the Meeting House Should chap! 55. 
be removed more Southerly, AV^^'' would very much accomodate the peti- 
tioners, That the Inhabitants of the Said precinct are Repairing the said 
meeting house, where it stands & Refuse to move it. Notwithstanding 
y"" said V^ote and agreement and therefore Praying that this Court would 
thither order the Removal of the said Meeting House more South, or 
that they may be Sett off again to the Town of Natick from whence 
they were taken, or that a Connnittee may be Appointed to View and 
Consider, the Scituation and Circumstances of the Petitioners and of 
the said Meeting House 

In Council Read & 

Ordered that the Prayer of this petition be ' granted. That William 
Taller & Spencer Phips Esq" be a Comm"" to Join with such as the 

1 The House Journal reads, " Chyrurgeory." 
^ The House Journal reads, " Partrigg." 
3 The House Journal inserts, "so far." 



340 



Province La ws (i?e6'o/^;e.s•, e^c.). — 1723-24. [Chaps. 150-152.] 



Legislative 
Records of the 
Council, xii., 
19. 

House Jour- 
nal, p. 65 
(Jan., 1722) ; 
p. 31. 



Hon'''^ house of Representat"' Shall appoint to Repair to the Easterly 
precinct in Sudburry, and Consider Wether it will be most Reasonable 
to Remove the Meeting House there, & to what place if to be Removed, 
and wether the Petitioners ought to be taken off from Sudbury, & putt 
to Natick, The Charge of the Comm"" to be born as this Court shall 
order 

In the House of Represent^ Read & Concurr'd & 

Ordered that Henry Phillips John Quincey Esq" Cap' Samuel Brooks 
be added to the Committee of the board for the affair abovesaid. [_Passed 
August 21 . 

CHAPTER 150. 

ORDER ON PETITION OF NICH" & MARY ANDREWS COMPLAINING OF 
A JUDGMENT WITH WRIT OF REVIEW GRANTED. 

A Petition of Nicholas & Mary Andrews praying that they may be 
Enabled by a private act to bring forward at the next Inferiour Court 
of Common pleas for the County of Sussex their writt of Review of an 
action orriginally brought against them By John Cogswell, for w*"'' they 
petition'd a Continuance of the Judges and upon Presumption that it 
would be granted they did nott attend at the Court, & so it went against 
them by Default 

Read & 

Ordered that the prayer of the Petition be granted The petitioner 
to pay the Costs hetherto Sustain'd. [Passed August 21. 



Legislative 
Records of the 
Council, xii., 
19. 

House .Jour- 
nal, p. 31. 
Province 
Laws, ii., 203, 
diaii. 1. 



CHAPTEK 151. 

ORDER ON PATIENCE COPPS PETITION IN REGARD TO A LICENSE TO 
SELL STRONG DRINK. 

A Petition of Patience Copp Shewing that the Justices of the County 
of Suffolk & y*^ Select men of the Town of Boston allow'd the Petitioner 
a licence to Retail Strong Liquors for this present year butt by reason 
of Sickness She was Incapeable of Attending within the time limitted 
by Law for Entring into Recognizance, and therefore praying that one 
or more of the Justices for y'' said County may be Impowred to take the 
Petitioners recognizance for her said Licence. 

Read & 

Ordered that it Shall & may be Lawf uU for one or more of the Jus- 
tices of the County of Suffolk together with the Clerk of the Court of 
Generall Sessions of the peace for the said County to take Recogni- 
zance of the Petitioner that she may be allowd to be a Taverner, the 
Time by Law Appointed for taking Recognizances on licences granted 
for this Present year, being P^lapsed, Notwithstanding. [Passed Au- 
gust 21. 



CHAPTER 152. 



VOTE FOR ADJOURNING Y" COURTS IN THE COUNTY OF MDDX. 

RecordVof the Whereas the Court of General sessions of the Peace & Inferiour 
Council, xii., Court of Common pleas for tlie County of Middlesex are Appointed 
~ by Law to be held at Concord for the Said County on the last Tues- 



[2d Sess.] Province Laws {liesolves, etc.). — 1723-24. 341 

day of this Instant August, and several of the Justices of the said J,^"]'^^® ^"''' 
County &c Concern'd are members of this Court. Province 

Resolved that in Consideration of the Present Sitting of the General Laws, i., 700. 
Court, the said Court of General sessions of the Peace, ^ be and hereby 
are adjourn d to the Second Tuesday of September next any Law Usage 
or Custom to the Contrary Notwithstanding. [^Passed August 22. 



CHAPTEE 153. 

RESOLVE ON CAPT JOHN WELLANDS PETITION, REMITTING IMPOST ON 

A NEGRO. 

A Petition of Capt" John Welland Praying in Consideration of his Legislative 
Great Loses & Sufferings from the Pirates and the Charges he has council^ xh**** 
been at in Appearing as a Witness at the Court at Rhode Island for 2 1. 
their Conviction he may be Remitted the Duty of Impost for a Negro House Jour- 
Imported from Jamaica in Cap' Burringtons Ship, nai, p. 33. 

Read & in Answere to this Petition 

Resolved that the Duty of Impost, being Four Pounds for the Im- 
portation of the Petitioners Negro, be remitted for y" reasons meu- 
tiond in his Petition. \^Passed August 22. 



CHAPTER 154. 

RESOLVE ALLOWING IOsh. TO SAM'- BEMUS. 



An Acco'^ of Samuel Bemus for Tending & Keeping a Horse Im- Legislative 
press'd for the Delegates amounting to £1. Records of the 

^ ,-„ , -T " ° COUUCII, XII., 

[Read, andj 21. 

Resolved That the Sum of Ten Shillings be allow'd, & paid out of House .Jour- 
the Publick Treasury to Samuel Bemus in full Satisfaction for Keep- '^^'i p-33. 
ing & Tending the Within Mention'd Horse. [^Passed Augtist 22. 



CHAPTER 155. 

RESOLVE ON ACCO^ OF Y^ TRUSTEES OF Y"- £50,000 LOAN FOR THE YEAR 

1721. 

The Accompt of the Trustees for the £50,000 Loan beginning the Legislative 
25"^ May 1720, & Ending the lO'*^ of May 1721 Amounting in the Whole ^^^If xii"'^ 
to the Sum of Seven Thousand Eight Hundred & One pounds, fifteen ^2. ' "' 
Shillings & two pence. Whereof Six Thousand, four Hundred & four House .Tour- 
pounds, four shillings & Nine Pence is in Part of the Principal, & One Province 
Thousand three hundred & Ninety Seven pounds. Ten shillings & five Laws, i., 750, 
Pence Interest, /n/wi, ciiap. 

[Read, Accepted And] ^^• 

Resolved that the said accompt in y*" Several Articles thereof, be, & 
hereby is Accepted and the said Trustees the Accomptants Discharged 
of the said Sum of Seven Thousand Eight Hundred and one pounds fif- 
teen Shillings & Two pence accordingly. \_Passed August 23. 

» The House Journal here inserts, "and Inferiour Court of Common Pleas." 



J42 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 156-159.] 



CHAPTEK 15(5. 



RESOLVE ON ¥•= ACCO'' OF Y^^ TRUSTEES OF THE £50,000 LOAN FOR 

y^ YEAR 1722. 



Legislative 
Records of the 
Couacil, xii., 
2i. 

House Jour- 
nal, p. 25. 
Province 
Laws, i., 750, 
chap. 10. 
Supra, chap. 
l.">5. Infra, 
chap. 157. 



The Accompt of the Trustees of the £50,000 Loan beginning the 
17* of May 1721 and Ending the 10"' of June 1722 Amounting in the 
Whole To One Thousand five hundred & thirteen Pounds five Shillings 
& Eight pence Whereof One Thousand & fourteen Pounds Ten Shil- 
lings is in part of the Principal & Four Hundred Ninety Eight Pounds 
fifteen shillings & Eiglit Pence Interest, 

[Read, Accepted and] 

Uesoloed that this accompt in the Severall Articles thereof be & 
hereby is allovv'd, and the said Trustees the Accomptants are dis- 
charg'd of the above said Sum of One Thousand five Hundred & 
thirteen pounds five shillings and Eight Pence accordingly. \_Passed 
August 23. 



CHAPTER 157 



RESOLVE ON ACCO^ OF Y^ TRUSTEES OF V £50,000 LOAN FOR Y'^ YEAR 

1723. 



Legislative 
Records of the 
Council, xii., 
^ 

House Jour- 
nal, p. 25. 
Province 
Laws, i., 750, 
chap. 10. 
Siipra, chap. 
156. 



The Accompt of the Trustees of the £50,000 Loan beginning the 
26"' of June 1722 and Ending the 17"' of May 1723 amounting in the 
whole to One Thousand five Hundred and Ten pounds Ten Shillings 
and Eleven Pence Whereof One Thousand one hundred seventy one 
Pounds twelve shillings & two pence is in part of the Principal & Three 
Hundred thirty eight pounds Eighteen Shillings & Nine Pence Interest, 

[Read, Accepted And] 

Resolved that the said accompt in the Several Articles thereof be 
Accepted, and that the said Trustees the Accomptants are discharg'd 
of the Above said Sum of One Thousand five Hundred &, ten Pounds 
Ten Shillings & Eleven Pence accordingly. \_Passed August 23. 



Legislative 
Records of the 
Council, xii., 
23^^ 

Legislative 
Records of the 
Council, xii., 
22. House 
Journal, p. 34. 
Anie, p. 332, 
chap. 124. 



CHAPTER 158. 

ORDER FOR SHIRTS FOR THE DELEGATES. 

Ordered That M'' Treasurer be directed to provide a Suitable Shirt 
for each of the Delegates ^ & their attendants. [^Passed August 23. 



CHAPTER 159 



Tjegislative 
Records of the 
Council, xii., 
25. Mass. 
Archives, xci., 
93. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GARRI- 
SON AT FORT GEORGE CP'' JN^ GYLES. 

A Mustp:r Roll of tlie Garrison" in his Majesties Service at Fort 
George at Brunswick under the Command of Cp' John Gyles Contain- 
ing an accompt of Wages due to them for their service f I'om August the 
14"' 1722 to Jan LV' 1722 amountin"- to the Sum of £176. 16. 6. 



1 Of the Eight Nations. See the marginal references. 

2 The House Journal reads, "Company." 



[2d Sess.] Province Laavs {Resolves, etc.). — 1723-24. 343 

Read aud Accepted & Sives, xci., 

Resolved That the Sum of One hundred and Sixty Nine pounds, four- 92. House 

teen shillings & Nine pence be allowed and paid out of the publick Treas- '^°'*'"'^»i> v- 35. 

ury to Cap' John Gyles, the other officers & souldiers born on the within 

Roll to whom the Same is respectively due in full discharge of the Wages 

thereof. [^Passed August 24. 



CHAPTER 160. 

RESOLVE ALLOWING PAYMENT OF THE 2" MUSTER ROLL OF Y''- GARRI- 
SON AT FORT GEORGE CP'' JN" GYLES. 

A Muster Roll of the Garrison ^ in his Majesties Service at Fort ^eford^of the 
George at Brunswick under the Command of Cp' John Gyles Contain- Council, xii., 

ing an accompt of Wages, due to them for their service from Jan''^ 16 '^h 

1722 to July 17. 1723 amounting to the Sum of £296. 18. 1. ^aTi^se!'""' 

[Read Accepted and] 

Resolved That the Sum of Three Hundred Thirty four Pounds,- Four 
shillings & one Peny be allow'd & paid out of the publick Treasury to 
the Officers and Soldiers born on the within Muster Roll (Agreeable 
to the Committees Report,) in full Discharge of said Roll. \_Passed 
August 24. 



CHAPTER 161. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CP"^ SAM'- 
WHEELWRIGHTS COMPANY. 

A Muster Roll of the Company in his Majesties Service Eastward R';?'^.!j"\''th 
under the Command of Cp' samuel Wheelwright, Containing an accompt Council, xii., 

of wages due to them for their Service from Jan : 30'*^ 1722 to July 30. '^ 

1723 amounting to the Sum of £499. 17. 4. House Jour- 

r-T~. 1 1 T n nal,p.36, 

[Read, Accepted andj 

Resolved that the Sum of Four hundred and Ninety Nine Pounds, 
Seventeen shillings and four Pence be allowd & Paid out of the Pub- 
lick Treasury to the said Samuel Wheelwright aud the other Officers 
and Soldiers born on the Within Roll to whom is Respectively due in 
full Discharge of the Wages thereof. [^Passed August 27. 



CHAPTER 162. 

RESOLVE ALLOWING £h TO JN^ OVERING. 



A Petition of M'' John Overing late Attorney Generall praying an Lejiisiative 
allowance for his Service in the said office the Year past, councif xn^'^ 

Read & 27. 

Resolved that the Sum of Five Pounds be allow'd & paid out of the House Jour- 
Publick Treasury to the Petitioner in full for his service as above °»i>p-*o- 
Express'd. [Passed August 27. 

> The House Journal reads, "Company." 

" This amount is accounted for by the committee's report. See House Journal, p. 36. 



344 



Pkovince luAyf^ (^Resolves, etc) . — 1723-24. [Chaps. 163-166.] 



CHAPTER 163. 



RESOLVE ALLOWING £9 TO ELISHA PLAISTED. 



Legislative 
Records of the 
Council, xii., 
25\ 

House Jour- 
nal, p. 35. 



An Accompt of Elisha Plaisted Esq' for bis Care & Trouble in 
delivering out Provissions (fee" to tbe Soldiers at Berwick by order of 
tbe Treasurer from Septem"" 16 1722 to Aug' 1. 1723 Amounting to tbe 
Sum of £31. 10. 

[Read, Accepted And] 

Resolved Tbat tbe Sum of Nine pounds be allow'd & paid out of tbe 
Publick Treasury to Elisba Plaisted Esq'' in full discbarge of tbe Witbin 
Accompt. \_Passed August 27. 



CHAPTER 164. 



RESOLVE ALLOWING £20 TO CP^ JOHN GYLES. 



Legislative 
Records of the 
Council, xii., 
27^ 

House Jour, 
nal, p. 38. 



An Accompt of Disburstments at Fort George in Brunswick pre- 
sented by Cp* John Gyles amounting to tbe Sum of £20. 8. 

[Read, Accepted And] 

Resolved tbat tbe Sura of Twenty pounds^ be allow'd & paid out of 
tbe Publick Treasury to Cp' John Gyles in full discbarge of the witbin 
accompt. \_Passed August 27. 



CHAPTER 165. 



ORDER FOR SORTING PAPERS IN Y^" COURT HOUSE. 



Legislative 
Records of the 
Council, xii., 
27. 

House Jour- 
nal, pjj. 3, 40. 



In the House of Represent® Whereas in the Desolation made by 
fire when the Town House in Boston was burnt, some years ago, Sun- 
dry Papers & Records &c* of tbe Governm' of great Value & Impor- 
tance to tbe Province were Saved, «fe now Lodg'd again in the Court 
House butt in great disorder & Irregularity 

Ordered That Elisha Cook, William Dudley & William Payne Esq" 
be Desired at tbe Charge of tbe Government to Search those Papers 
&. file them in their Proper order & Course 

In Council Read and Concurr'd and Addington Davenport Esq"" and 
tbe Secretary are added to tbe Committee In the House of Rep- 

resent' Read & Concur'd. \_Passed August 27. 



CHAPTER 166. 

RESOLVE ALLOWING £"). 16. 8 TO MARY STOCKBRIDGE, WAGES DUE HER 

LATE HUSBAND. 



Legislative 
Records of the 
Council, xii., 

28. 

House Jour- 
nal, p. 40. 



A Petition of Mary Stockbridge Praying tbat the Treasurer may be 
directed to pay her tbe wages due to her Husband samuel Stockbridge 
deed (who was kill'd in the service) as Carried out in Cp' Johnson 
Harmans muster Roll 

1 The House Journal reads, £20. 8. 



[2d Sess.] Province Laws {Resolves, e^c). — 1723-24. 3^5 

Read & 

Resolved that ]\I' Treasurer be directed, to Pay to the Petitioner the 
wages due to her hite Husband, Samuel Stock bridge being Five Pounds 
Sixteen Shillings & eight pence. [Passed August 27. 



CHAPTER 167. 

RESOLVE ALLOWING JOHN GOOCH £137. 8. 



A Memorial of John Gooch of Boston late Commissary of the East- ^^rd*'^f th 
ern Forces Praying that he may be allow'd for Sundry Slops sold by him Council, xii., 

to Severall Soldiers, who have deserted the Publick Service the sums '^ 

Supplyd, being Carried out to them in the Muster Rolls butt nott allow'd ^3°"^® j^^^' 
in Passing them. The Treasurer, having given him orders to furnish the 
Soldiers for their Necesitys out of his own goods, at a Time when he 
had none of the Publick stores in his hands. 

Read [Accepted] & 

Resolved that M' Treasurer Allen be directed to allow the Memoi'i- 
alist John Gooch the Sum of One Hundred & thirty Seven pounds, 
Eight Shillings in adjusting accompts with him for so much Supply'd 
the forces, out of his Particular Stores before the Province Slops 
arriv'd being for the use of the Province. [Passed August 28. 



CHAPTER 168. 

RESOLVE ALLOWING £3. IL 9 TO THO« WELLS. 

An Accompt Presented by Thomas Wells of his Time & Expence in Legislative 
attending the Delegates of the Eight Nations amounting to y* sum of cou^df xu*^^ 

£5. 1. 9. 29^ '" 

[Read, Accepted And] House Jour- 

Resolved that the sum of Three Pounds Eleven Shillings & nine pence, °^'' ^' *^' 
be allow'd ck paid out of the Publick Treasury to the accomptant Tho^ 
Wells in full discharge of the said accompt. [Passed August 28. 



CHAPTER 169. 

RESOLVE ALLOWING £26. 15. 11 TO JON^ DOWSE & TIM" CLARK. 
An Accompt Presented by Jonathan Dowse & Timothy Clark Esq" Legislative 

n Records of ti 

of their time & Charges about the Light house amounting to £26. 15. 11. council, xii., 

[Read, Accepted And] ^ 

Resolved That the sum of Twenty Six Pounds fifteen Shillings & J^^^^j^^f ^j^"^" 

Eleven Pence be allow'd & paid out of the Publick Treasury to the Anie,'x,. 300, 

Accomptants Jonathan Dowse &. Timothy Clark Esq'' in full Dis- chap. 32. 

charge of the within accompt. [Passed August 28. 



346 



Province Laws (i?eso/ve.s, e^c.). — 1723-24. [Chaps. 170, 171.] 



CHAPTEE 170 



RESOLVE ALLOWING £9. 6 TO TIM« DWIGHT. 



Legislative 
Records ol tlie 
Council, xii., 
30. 

House Jour- 
nal, pp. 40, 4L 



An Accompt of Timothy Dwigbt of his Time & Expence in going to 
Albany and assisting Leiu' Kellog in Conducting the Delegates from 
Albany to Springfield, Amounting to the Sum of £12. 15/. 

[Read And] 

Resolved that the Sum of Nine Pounds & Six shillings be allow'd & 
paid out of the Publick Treasury to Timothy Dwight the aceomptant 
in full discharge of the said accompt. [^Passed August 29. 



CHAPTEE 171. 



Legislative 
Records of the 
Council, xii., 
31. 

House Jour- 
nal, pp. 44, 4.5. 
Province 
Laws, ii., 86, 
chap. 8; 165, 
chap. 1. 



VOTE FOR ADJOURNING ¥« COURTS IN THE COUNTY OF HAMPSHIRE. 

Whereas The Inferour Court of Common pleas &c* Appointed by 
Law to be held at Springfield in the County of Hampshire on the Last 
Tuesday of August Instant, was adjourn'd by the Justices thereof to 
the first Tuesday of September next, Several of them being members 
of the General Court W"^ is Still Sitting, 

It is therefore 

Resolved that the said Inferiour Court of Common pleas & Court of 
General .Sessions be & hereb}' is further adjourned unto the last Tues- 
day of September, next, And to the Intent that no Person appealing 
from the said (Jourt may lose the benifit of Such appeal to the next 
Superiour Court of Judicature &c* to be holden for the said County 
of Hampshire, 

Resolved that the said Superiour Court of Judicature, Court of Assize 
& General Goal deliver}' appointed by Law to be held at Springfield 
for the said County of Hampshire on the Fourth Tuesday of September 
next. Shall be & hereby is adjourn'd to the Third Tuesday of October 
next, and that the Judges then Proceed to Hear, try, and enter up 
Judgement upon all Actions brought before them by wa}^ of Appeal 
from the said Inferiour Court of Common Pleas & Court of General 
Sessions of the Peace at their next Session by adjournment as afore- 
said, any Law Usage or Custom to the Contrary notwithstanding. And 
that all Actions, writts & process. Recognizances, appeals. Judgements, 
Presentments and other matters and things, which were depending to 
be heard, or that might have been heard and tried at the said Inferiour 
Court or Superiour Courts, Courts of (Tenerall Sessions of the Peace or 
Court of Assize & General Goal Delivery, be and hereby are Revived 
& Continued, and Shall be heard. Pleaded & proceeded upon in the 
aforesaid Courts Respectively as fully in all Respects as if the said 
Courts had been held or were to sitt at the Several times appointed 
by Law for their Session before tlu; making of this Resolve, and all 
Parties, Witneses, .Jurors, Grand Jurors, and other Persons Concern'd 
are to give their attendance on the Respective adjournments Accord- 
ingly. \_Fassed August 29. 



[2d Sess.] Province Laws {Resolves, etc.). — 1723-24. 347 



CHAPTEE 172. 

RESOLVE ALLOWING £28. 5. G TO 15ARTH0L" GREEN & SAMUEL KNEE- 
LAND. 

An Accompt of Bartholomew CIreen & samuel Kneelaud of Printing Legislative 
the votes of the Represent'' for the Last Session amonnting to £28. 5. 6. [^uu^ff ^n^''^ 

[Read and] 32^ ' " 

Mesolved That the Sum of Twenty eight Pounds five Shillings & Six Executive 
pence be allow'd & paid out of the Publick Treasury to the Accompt- Cfninriu vh'!'^ 
ants Bartholomew Green & Samuel Kneeland in full Discharge of the 'j"'- """**^., 
said accompt. \_Passed* Awjust 29. ° ^^.p- • 



CHAPTER 173. 

RESOLVE ALLOWING £3 TO JOS: JENNINGS. 



An Accompt of Joseph Jennings of his Time & Charge in accom- Legislative 
panying the Delegates from Springfield to Boston amounting to £3. coum'ir xii^^^ 

[Read and] 32. 

Resolved that the Sum of Three Pounds be allow'd and paid out of House .lonr- 
the Publick Treasury to M'' Joseph Jennings in full Discharge of the ^nil,^p. 34cf*'" 
above Accompt. \_Passed August 30. chap! no. 



CHAPTER 174. 

RESOLVE ALLOWING 35sh. TO THOM^ RICHE. 



An Accompt of Thomas Rich of his Attendance on CoU" John Schuyler Legislative 
in his Journey to Boston Amounting to £2. 5/. Councf f xu!*^^ 

[Read, T^nd] 33. 

Resolved that the Sum of Thirty five Shillings be allow'd & paid House Jour- 
out of the Publick Treasury to Thomas Rich in full of this Accompt. ^nie,\t!'ki 
\_Passed August 30. cii^ip- I'i-i- 



CHAPTER 175. 

RESOLVE AiLOWING 15.sh. TO WILL'^' LAWRENCE. 
An Accompt of William Lawrence of Riding Express to Boston Legisiativ^e 

rT?Qo,1 cx^^A^ Rerorrts of the 

[Keatl andj Council, xll., 

Resolved. That the Sum of fifteen Shillings be allow'd & paid out of ^ 

the Publick Treasury to the said William Lawrence in full Discharge House Jour, 
of the within accompt. [^Passed August 30. "**'' P' ^' 



348 



Province Laws {Resolves, etc.). — 1723-24. [Chaps. 17G-170.] 



Legislative 
Eecords of tli 
Council, xii., 
33. 

House Jour- 
nal, p. 27. 



CHAPTEE 176. 

RESOLVE ALLOWING £169. 9. 4 TO CP'' JOHN GERRISH. 

An Accompt of John Gerrish for Keeping & Cleaning 598 Province 
arms fi'om the year 1717 to this Present time amounting to £298. 16. 10. 

[Read, accepted And] 

Resolved that the Sam of One hundred Sixty Nine Pounds nine shil- 
lings & four pence be allow'd & paid out of the Publick Treasury to the 
Accomptant Cp' John Gerrish in full Discharge of the within accompt. 
\_Passed August 30. 



CHAPTEE 177. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF COLL'' JOHN 
WHEELWRIGHTS COMPANY. 



Legislative 
Records of tlie 
Council, xii., 
34. 

Executive 
Records of the 
Council, vii., 
517. House 
Journal, p. 11. 



A Muster Roll of the Company under the Command of Coll" John 
Wheelwright, Containing an accompt of wages due to them for their 
Service from Nov' 28. to January 29. 1722 Amounting to the sum of 
£407. 7. 11. 

[Read, Accepted and] 

Resolved That the Sum of Three Hundred and fifty Two Pounds, 
nine Shillings & Eleven pence be allow'd and paid out of the Publick 
Treasury to the Officers and Soldiers, born on the within Roll to whom 
the Same is Respectively due, Agreeable to the Committee's report in 
full Discharge of this Muster Roll. \_Passed * August 31 . 



Legislative 
Records of the 
Council, xii., 
34. 

House Jour- 
nal, p. 48. 



CHAPTEE 178. 

RESOLVE ALLOWING £53. 15 TO EDM" MOUNTFORTH. 

An Accompt Presented by Edmund IMountforth of his Service as 
an assistant to the Treasurer in Receiving & delivering out the Stores 
to the Commanders of the Companj^s in the Service Eastward from 
Jan'y 17, 1722 to Aug' 19. 1723 Amounting to the Sum of £53. 15/. 

[Read, Accepted And] 

Resolved that the Sum of Fifty three Pounds & fifteen Shillings be 
allow'd & paid out of the Publick Treasury to Edmund Mountforth 
the Accomptant in full Discharge of the said Accompt. \_Passed 
August 31. 



CHAPTEE 179. 



RESOLVE ALLOWING £15 TO DAVID MELVILL. 



Legislative 
Records of the 
Council, xii., 
35. 

House Jour- 
nal, pp. 33, 49. 



A Petition of David Melvill Keeper of his Majestys Goal in Boston 
Praying an allowance for Subsisting Maurice Fitz Gerrald and Martha 
Edwards two Criminalls under the Sentence of the Superiour Court who 
are Incapeable of Paying any thing themselves 

[Read, Accepted And] 



[^2d Sess.] Province Laws {Resolves, etc.). — 1723-24. 3-1-9 

Resolved that the Sum of Fifteen Pounds be allow'd and Paid out 
of the Publiek Treasury to the Petitioner David Melvil in full Satis- 
faction of his Aecompt. \^Passed September 2. 



CHAPTER 180. 

RESOLVE ALLOWING £15. 13. 4 TO ALEX'^ HAMILTON. 

A Petition of Alexander Hamilton Setting forth his great Loses and Lefrisiative 
Sufferings in his Captivity by the Indian P^nemy & his Engagements to councir, xii., '^ 

Coll" John Schuyler for money he has advanced for bearing his Neces- ^^^ 

sary Charges from Canada to Albany & so to Boston & Praying some ^*j"^^'^?Foi 
allowance & relief from this Court 49.' ' *' ' 

Read [Accepted] and 

Resolved that the Sum of fifteen Pounds Thirteen shillings and four 
Pence be allowd and paid out of the publiek Treasury to the Hon"* 
John Scuyler Esq"' in full for So much Supplyd & advanced to the 
Petitioner Hamilton for his Expences in Returning from Canada to 
Albany and New England.^ [Passed Seiitember 2. 



CHAPTER 181. 

RESOLVE ALLOWING £10. 7 TO DANL ASHLEY. 

An Accompt Presented by Daniel Ashley of his Time & Expence in Legislative 
attending the Delegates, ColP Schuyler (fee" Amounting to the Sum of ^^^^^if xu^^*^ 
£10. 7. 35. ' ' 

[Read, Accepted And] House Jour- 

Resolved that the Sum of Ten Pounds seven Shillings be allowd and °ai, p. 49. 
Paid out of the Publiek Treasury to the accomptant Daniel Ashlej^ in 
full discharge of the within accompt. [^Passed September 3. 



CHAPTER 182. 

RESOLVE ALLOWING £3. 8. 11 TO CPT EBEN^ POMROY. 

An Accompt Presented by Cp' Ebenezer Pomroy of his Time & Legislative 
Expence in Attending on the Delegates of the Eight Nations coundi', xii., '^ 

[Read, Accepted, And] ?£i 



Resolved that the Sum of Three Pounds eight Shillings & Eleven House Jour- 

riB,] D 50 

Pence be allowd & paid out of the Pnblick Treasury to Cpt Ebenezer ' ' 
Pomroy in full Discharge of the within accompt. \_Passed September 3. 

> The House Journal adds, "the Exchange of the Money included." 



350 



Province J^ aw ^ (^Resolves, etc.) . — 1723-24. [Chaps. 183-186. j 



CHAPTEE 183. 



RESOLVE ALLOWING £40. 4. 1 TO L^ JOSEPH KELLOG. 



Legislative 
Records of the 
Council, xii., 
35^ 

House Jour- 
nal, pp.40, 49. 
Ante, p. 347, 
chap. 173. 



An Accompt Presented by L' Joseph Kellog of Sundry sums expended 
on y'' Delegates of y'^ eight nations in their Journey to Boston amount- 
ing to the Sum of £41. 4, 1. 

[Read, Accepted And] 

Resolved That the Sum of Forty Pounds four Shillings and one peuy ^ 
be allowd & paid out of the Publick Treasury to Joseph Kellog the 
Accomptant in full Discharge of this Accompt. \^Passed September 3. 



CHAPTEK 184 



RESOLVE ALLOWING £L 18 TO COLL'^ JOHN STODDARD. 



Legislative 
Records of the 
Couucil, xii., 
36. 

House Jour- 
nal, p. 47. 



An Accompt presented by CoU" John Stoddard of jMoney by him 
advanced for Conveying of Letters for the Service of the Government 
amounting to the Sum of £3. 18/. 

[Read and] 

Resolved That the sum of One Pounds - Eighteen Shillings be allowd 
and paid out of the Publick Treasury to John Stoddard Esq"' in full 
Discharge of the within Accompt. \_Passed September 3. 



CHAPTER 185. 



RESOLVE ALLOWING 30sh. TO COLL*^ HENRY SOMERSBY. 



Legislative 
Records of the 
Council, xii., 
.36^ 

House Jour- 
nal, p. 50. 



An Accompt Presented by Coll" Henry Somersby of Expences about 
the Publick Stores amounting to £1. 10. 

[Read and] 

Resolved That the Sum of Thirty Shillings be allow'd & paid out of 
the Publick Treasury to Coll" Henry Somersby in full Discharge of the 
accompt hereunto Annex'd. \_Passed Septetnber 3. 



CHAPTER 186. 

RESOLVE ON PETITION OF STEWARD, JAQUES, AND SAUNDERS PRAY- 
ING AN ALLOWANCE FOR ARMS LOST. 



Legisliitive 
Re(5ord8 of the 
Council, xii., 
36. 

House .Jour- 
nal, p. 51. 



A Petition of Solomon Steward, Richard Jaques, & Samuel Saunders 
Praying an allowance for their Annes, Lost in the Publick Service & 
by the Enemys Taking the Town of Brunswick 

Read & 

Resolved that the Petitioners be exempted from paying any thing for 
the use of the Province arms, during their being in the service & that 
when they are Discharg'd from the Service, and u[)on their Returning 
the Province Annes now in their Improvement, they & each of them 
be allow'd forty Shillings, & that the Treasurer be directed to pay the 
Same out of y*" Publick Treasury ; accordingly provided that it appear 
that the Arms lost were the mens own armes. [^Passed September 3. 



I The House Journal reads, £41. 4. 1. 



« Sic. 



[2d Sess.] Province Laus {Resolves, e^c). — 1723-24. 351 

CHAPTER 187. 

RESOLVE ALLOWING 31sh. TO JACOB COLLINS. 

A Petition of Jacob Collins Praying an allowance for attending as Legislative 
a witness at the Hearing of Complaints against Major Moody the Last councff xh!''^ 
winter by order of the General Court ; 36. 

[Read and] Legislative 

Resolved that the sum of Thirty one Shillings be allow'd & paid out coumuVxi"'*' 
of the publick Treasury to the Petitioner Jacob Collins in full Satisfac- ^•>^- House 
tiou for his Service as mentiond in his Petition. [Passed September 3. 'Ante^'l^.'■l^^,' 

chap. 221. 



CHAPTER 188. 

RESOLVE ALLOWING PAYMENT OF Y^ MUSTER ROLL OF Y^ SLOOP 
SEA FLOWER SIMON SLOCUM MASTER. 

A Muster Roll of the Sloop Sea Flower Simon Slocum Master, Legislative 
Containing an accompt of wages due to the said Master & Company councu xu! ^ 

for their Service and the hire of the said Sloop from Jau''^ 15. 1722 36^ 

to August IG 1723, Amounting to the Sum of £210. 3. 6. House Jour- 

FTi 1 \ n nal, p. 4!?. 

[Read, AndJ ' ^ 

Resolved that the Sum of Two Hundred and Ten Pounds, three Shil- 
lings and Six pence be allow'd and paid out of the Publick Treasury 
to the Said Simon Slocum, & the Sailors born on the within Muster 
Roll in full Discharge of the Wages and Sloop hire. \^Passed Septem- 
ber 3. 



CHAPTER 189. 

RESOLVE ALLOW^ING £1. 17 TO BENJ^^ LAWRENCE. 
An Accgivipt of Beniamiu Lawrence of the Hire of Horses Impress'd Ji^«'®^i^**^|.^ 

f „T-.ii-if>i-. • ^ n-, -,r- Records of the 

for y'' Publick Service Amounting to il. 1/. Council, xii., 

[Read, Accepted and] li 

^eso^verrrhat the Sum of One Pound Seventeen Shillings be allow'd j^fi"'^ 49 """" 

and paid out [of] the Publick Treasury to the said Benjamin Lawrence 

for himself & Thomas Coll Jun'' in full Discharge of the within acco'. 

\_Passed September 3. 



CHAPTER 190. 

VOTE FOR REPARING THE DELEGATES GUNS &.c^. Legislative 

Records of the 
Council, xii., 

Resolved That the Guns, Hatchetts & Kettles belonging to the Dele- 37^ 

gates be repair'd at the Charge of the Province. [Passed September 3 . House Jour- 



352 



Province Laws {Besolves, etc). — 1723-24.. [Chaps. 191-194.] 



CHAPTER 191. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP^ DAN^-i- 

PECKERS COMP-\ 



Legislative 
Records of the 
Council, xii., 
37^ 

House Jour- 
nal, p. 48. 



A Muster Roll of the Company in his Majesties Service Eastward 
under the Command of Cpt Daniel Peclver, Containing an Accompt of 
wages due to them for their service from Jan'^' 14. 1722 to August 26. 
1723 amounting to the Sum of £535. 7. 2. 

[Read, Accepted And] 

Resolved That the sum of Four hundred Sixty five Pounds fourteen 
Shillings & Six Pence be allow'd & paid out of the Publick Treasury 
to the said Daniel Pecker and the other Officers & Soldiers born on 
the within Roll to whom the Same is Respectively due according to 
the Committees Report. [_Passed September 3. 



CHAPTER 192. 



RESOLVE ON PETITION OF THE TOWN OF WESTON IN REGARD TO 

TAXES. 



Legislative 
Records of the 
Council, xii., 
37. 

House Jour- 
nal, p. .52. 
Province 
Laws, ii., 295. 



Whereas it appears that the Town of Westown has Ten Pounds 
added to their tax, this present Year more then their Proportion of 
what was realy agreed on by this Court when that Tax was Raised, 

Resolved That the Treasurer be & hereby is directed to grant out his 
Warrants to the Town of Westown for the Raising a Tax on the Polls 
and Estates therein for the Sum of thirty eight Pounds nine Shillings 
& four pence half peny, the Aforesaid Tax Act or any other Usage or 
Custom to the Contrary Notwithstanding. \_Passed September 3. 



CHAPTER 193. 



ORDER ANNEXING CHARLESTOWN N" INHABITANTS TO MALDEN. 



Legislative 
Records of 
Council, xii 
38. 

House Jour- 
nal, p. 43. 
Ante, p. 317, 
chap. 79. 



the 



Ordered That the Inhabitants & their lands & Estates belonging to 
Charles town lying and being on the North Side of Mistick River to 
the South bounds of Maiden & between the bounds of Boston & Med- 
ford, be sett off from the Town of Charlestowu and annexd to Maiden, 
As to the Charge of Supporting y'^ Ministry Meeting House, Schools, 
&. School Houses and the Privilege of Voting in all Matters Relating 
to the Same. [^Passed September 5. 



CHAPTER 194. 



VOTE DIRECTING PAYMENT TO HANNAH KIBBY OF HER LATE HUS- 
BAND'S WAGES. 



Legislative 
Records of the 
Council, xii., 
39. 

House .Jour- 
nal, p. 55. 



A PETITION of Hannah Kibby Shewing that her Husband was drowned 
in the publick Service with Cp' Carlisle and hath left her in very needy 
& distresd Circumstances and praying that She may be enabled to Re- 
ceive wliat mony is due to her said Husband for his service 



[2d Sess.] Province Laws {Resolves^ etc.) . — 1723-24. 353 

Read & in Answere to this Petition 

Voted Tliat M' Treasurer be directed to Pay to the Petitioner what 
money Shall appear to be due to her late Husband Jonathan Kibby for 
his wages in the Service of this Province on any Roll that may here- 
after be presented for Payment, and allso that Cp' Shipley be directed 
to pay her what money he has in his hands due to her said Husband, 
when under his Command. \_Passed September 5. 



the 



CHAPTEE 195. 

ORDER ON JONAS CLARKS PETITE, REMITTING DUTY ON A NEGRO. 

A Petition of Jonas Clark of Boston Brazier, praying that this Court Rgfords'df _ 
would remit to him the Duty of a Negro Girl Imported from Jamaica Councii, xii., 

in y" Ship Queen P^lizabeth Cp't George Beal in Consideration of her — 

lameness occasion'd by her falling down between Decks in the Passage na*]"!*; f^^^^' 

by which she is so disabled that he has little hopes of her being well 

again 

Read & 

Ordered Thjit the Prayer of this Petition be Granted. [^Passed 
JSejJtember 5. 



CHAPTER 196. 

RESOLVE FOR A PENSION TO \V*i WOODWARD. 

A Petition of William Woodward a Soldier in his Majesties Service Legislative 
eastward Praying that he may be allow'd a Pension out of the Pub- cou*Dcif, xii!f ^ 
lick Treasurj^ in Consideration of his hands being broken to peices 39. 
by his guns Splitting upon his firing by order of his Superiour Offi- House Jour- 
cer Read & na , p. . 

Resolved that a Pension of eight Pounds per Annum be allow'd and 
paid out of the publick Treasury to the Petitioner William Woodward 
during the Pleasure of this Court. \_Passed September 5. 



CHAPTER 197. 

ORDER OF HEARING ON V' PETITION OF Y^ PROPRIATORS OF DIGHTON 
IN REGARD TO THE LINES OF THE GORE. 

A Petition of Sundr}^ of the propriators of the Towne of Dighton Legislative 
praying that the Settlement of the Lines of a Tract of Land Called councu' xii!f® 

the Gore or outlett (being part of Shewamet purchase) made b}' an 3^, 40. 

order of this Court on the Report of Samuel Thaxter Esq^ &c* may House Jour- 
uott be allow'd, as a plea in any Court where their title to their land 'Ante,'p. 145, 
may be Tried, for that they were never heard before this Court upon «hap- 116. 
the Passing it, & likewise praying that y^ said Settlement may be sett 
aside, 

In Answere to this Petition 

Ordered ^ That a Hearing be had on this Petition before this Court 
on the Second Wednesday of the next Session, and that the Petitioners 

1 The House of Representatives having now reconsidered a vote passed on June 14. 



354: 



Province Laws (Besolves, e/c.). — 1723-24. [Chaps. 198, 199.] 



iu the meau time, Serve William Salisbury in behalf of himself aud 
others who Stile themselves Owners of a Peice or Parcell of Laud 
Called the Gore or Outlett, which is parcell of a Tract of Land Com- 
monly Called Shewamett Pui'chase, As by their Petition Presented to 
this Court, Bearing Date March 15. 1720 Appears, AUso the Propria- 
tors Clerk of Shewamett with a Coppy of the Petition, That they may 
Sett forth their Reasons, Why the Prayer there of Should nott be 
Granted, And that all Process, Touching the Title or Property of the 
Premises be Suspended till the further order of this Court, and that 
in the mean time uo Strip or wast Shall be made on the Premises by 
Either Party. [^Passed September 5. 



CHAPTER 198. 



VOTE FOR FURTHER ADJOURNING THE COURTS IN Y"^ COUNTY OF 

MDDX. 



Legislative 
Records of the 
Council, xii., 
41. 

House Jour- 
nal, p. 57. 
Ante, p. 340, 
chap. 15'2. 



In the House of Represent^ Whereas the Court of Generall Ses- 
sions of the Peace, and Inferiour Court of Common Pleas for the 
County of Middlesex have by this Court in their Present Session been 
adjourn'd to the Second Tuesday of this Instant September, and Sev- 
eral Members of this Court being Justices of the said Court of General 
sessions of the Peace & Inferiour Court of Common Pleas & others are 
Concern'd and the General Court being Still Sitting 

Resolved That in Consideration of the Present Sitting of the General 
Court, The said Court of General Sessions of the Peace & Inferiour 
Court of Common Pleas, be and hereby are further adjourned, to the 
Second Tuesday of October next Any Law, Usage or Custom to the 
Contrary Notwithstanding. \^Passed Septeinber 7. 



CHAPTER 199. 



ORDER ACCEPTING THE COMMTeks REPORT OF A PRESENT TO THE 
DELEGATES OF Y'" EIGHT NATIONS. 



Legislative 
Records of the 
Council, xii., 
42. 

Legislative 
Records of the 
Council, xii., 
42. House 
Journal, p. 62. 
Ante, p. .342, 
chap. 158. 



Pursuant To the order of the Hon''^'' the General Court, the Com- 
mittee Appointed to Consider what may be proper for this Govern- 
ment to present to the Delegates of the eight Nations are Humbly 
of Opinion that the Following Presents be made them, viz' Fifty four 
guns now at Albany, Sixty One Shirts, One Red, one blue, & one 
white blankett for each. Sixty Seven Ilatchetts and some other Small 
things. The whole may amount to near Five Hundred Pounds 

[On the question, after some disagreement, whether the report should 
be accepted] 

Resolved in The Aflirmative so farr as that a present of the Fifty 
four Guns now at Albany Sixty One Shirts, One Red, one blue, and 
one white Blankett for each Sixty Seven Hatchetts and some small 
Things nott Exceeding the Value of Twelve Pounds be made to the 
Delegates. [^Passed Sefitemher 10. 



[2d Sess.] Province Laws {Resolves, etc.). — 1723-24. 355 

CHAPTER 200. 

RESOLVE ALLOWING £27 TO DAVID MELVILL. 

An Accompt of David Melvill for Subsisting nine Indian Prisoners Legislative 
to the 20"^ of August 1723 Amounting to the Sum of £27. Councfi! xii!!'*' 

[Read, Accepted And] ^^ 

Resolced That the Sum of Twenty Seven pounds be allow'd and Paid House Jour- 
out of the Publick Treasury to the Accomptant David Melvill in full °'''' i'- ''*"• 
Discharge of the said Accompt. \^Passed September 10. 



CHAPTER 201. 

RESOLVE ALLOWING £49. 10 TO M^ JON'^ PEIRPOINT. 

An Accompt of M'' Jonathan Peirpoint of his service as Chaplain Legislative 
of the Forces Eastward under the Command of Coll" Thomas AVest- councu^ xii^**^ 
brook from Jan'^ 19. 1722 to Septem"^ 6. 1723 Amounting to the Sum "^-^ 



of £49. 10/. House Jour- 

[Read, Accepted and] "'*^' p- ^^• 

Resolced that the Sum of Forty Nine Pounds ten Shillings be allowd 

& paid out of the Publick Treasury to M"" .Jonathan Peirpoint in full 

Discharge of the said Accompt. [^Passed September 10. 



CHAPTER 202. 

RESOLVE ALLOW^ING £15. 16. 11 TO CP^' JOSEPH HEATH. 

A Memorial of Cp' Joseph Heath Praying that he may be allowd p'^^^^'l^'^f .j, 
the sum of Twenty two Pounds & ten Shillings Stop'd in his Muster coum-ir, xu., 

Roll the said Sum being Supply'd by him out of the Publick Stores to !?: 

Several Soldiers that afterwards deserted his Majesties Service, ^T^^^'^^o^ot 

[Read, Accepted And] Ante,p.''di," 

Resolved That the Sum of Fifteeq Pounds sixteen Shillings &. eleven "^''p- ^'^^• 
Pence be allow'd & paid out of the Publick Treasury to Cp' Joseph 
Heath agreeable to the Committees Report. [^Passed September 10. 



CHAPTER 203. 

RESOLVE ALLOWING £21. 19. 2 TO CP'' EDW" WINSLOW. 

An Accompt Presented by Edward Winslow Esq"" Sherriff of the Legislative 
County of Suffolk of his Time & Charges in Conveying Samuel Chapin couucif xii!''*' 
& Abel Chapin from Boston to Rhode Island Amounting to the Sum 4:j. 

of £21. 19. 2. House Jour- 

[Read, Accepted And] Xl^^m, 

Resolced That the sum of Twenty one Pounds Nineteen Shillings ("hap. 140. 
& two pence be allow'd & paid out of the Publick Treasury to Edw*^ 
Winslow Esq"" in full Discharge of the Within Accompt. [^Passed 
September 10. 



356 



Province La^xs (Besolves, elc.) . — 17 23-24^. [Chaps. 204-207.] 



Legislative 
Records of the 
Council, xii., 
44. 

House Jour- 
nal, pp. 44, 50. 
Ante, p. 349, 
chap. 180. 



CHAPTER 204. 

RESOLVE ALLOWING £8. 10 TO HEZ : PHELPS. 

An Accompt of Hezekiah Phelps of going Express to Albany & 
Accompanying M'' Hamilton from Westfield to Boston Amounting to 
£14. 2. 3. 

[Read and] 

Resolved That the sum of Five Pounds ten shillings for the Ac- 
comptants going from Westfield to Albany, and back again to Boston 
his Expences, Horse hire &c'' and the further sum of Three Pounds 
for his expences Horse hire &d' for himself & Alexander Hamilton 
by order of John Asley Esq' making in the Whole Eight Pounds Ten 
Shillings be allow'd and paid out of the Publick Treasury to the Ac- 
comptant Hezekiah Philps in full Discharge of the within accompt. 
\_Passed September 11. 



CHAPTEE 205. 



Legislative 
Records of the 
Council, xii., 
44. 

House Jour- 
nal, p. 62. 
Province 
Laws, ix., 376, 
chap. 91. 



RESOLVE ON NATICK INDIANS PETITION FOR POWER TO SELL LAND. 

A Petition of Thomas Wabaun Jun"^ «fe others of Natick Descendants 
of the Indian Propriators of a Tract of Land Called Nashoba, Praying 
for Reasons Therein Mention'd That they may have Liberty to 

make Sale of their Right and Interest in the said Land. 

Read & 

Ordered That the Rev*^ M' John Leverett & Spencer Phips Esq" 
Trustees for the Indian Propriators &c'' be served with a Copy of this 
Petition, That they may give Answere thereto (if they See Cause) on 
the first Tuesday of the next fall Session. \_Passed September 11. 



CHAPTER 206. 



RESOLVE ALLOWING £12^. 10 TO D« EDW" ELLIS. 



Legislative 
Records of the 
Council, xii., 
4.5. 

House Jour- 
nal, p. 64. 



An Accompt Presented by Edward Ellis Surgeon of the Forces East- 
ward of his own & John Neguis his Assistant's Service from Decem"' 25 
1722 to August 25 1723 Amounting to the sum of £122. 10/. 

[Read, Accepted and] 

Resolved That the sum of One Hundred & twenty two Pounds ten Shil- 
lings be allow'd & paid out of the Publick Treasury to D"^ Edward Ellis 
in full Discharge of this accompt. {^Passed September 12. 



CHAPTER 207. 



RESOLVE ALLOWING £38 TO D« SAM'- MOODEY. 



Legislative 
Records of the 
Council, xii., 
45. 



An Accompt of Samuel Moody of his service as Surgeon of the 
Forces Eastward from April 29. 1723 to Septem'' 8. 1723 Amounting 
to the sum of £38. 



[2d Sess.] Province Laavs (Besolves, etc.). — 1123-24. . 357 

[Read, Accepted and] na^i^p^ m""" 

Resolved Tbtit tlie sum of Thirty Eight pounds be allow'd & paid out 

of the Publick Treasury to D' Samuel Moodey iu full Discharge of the 

within Accompt. \_Passed September 12. 



CHAPTER 208. 

RESOLVE ON THE ACCO'^ OF REPAIRS AT THE CASTLE. 

An Accompt Signed W™ Dummer, Edward Hutchinson Jos : Wads- Legislative 
worth (the Committee for the Repairs of Castle William) of Sundry council^ xii., 
Sums laid out for Effecting the said Repairs Amounting in the whole ^ 



to £307. 10. 4. ^S"^*" '^Pi''^^".. 

rr) J i ,,.,-, nal, pp. b3, M. 

[Read, Accepted AndJ Ante, p. 202, 

Resolved That there be allowd & paid out of the Publick Treasury «'^''^p- i^^- 
the sum of Fifty five Pounds twelve Shillings and Eight Pence which 
with the Sum of Nineteen Pounds Sixteen Shillings and Eleven Pence 
the Ballance of this accompt in the Committees hands is in full dis- 
charge of the accompt of what is due to sundry People for Gun Car- 
riages &c* and of the Committees Care & Trouble iu Performing the 
Service within Mentioned. \_Passed September 12. 



CHAPTER 209. 

RESOLVE ALLOWING £30 TO JOS: KELLOG. 



A Petition of Joseph Kellog Prajnng some Consideration and Allow- Legislative 
ance for his services to this Province as Interpreter to the Five Nations councif, xiL^ ^ 

and for his Journeys to Albany & Conducting the Delegates to Boston ^ 

Read [Accepted] & House Jour- 

Resolved That the Sum of Thirty Pounds be allowd and paid out of ^nt^'^ko, 
the Publick Treasury to the Memorialist Joseph Kellog iu full Satis- chap. 183. 
faction for the Services Mention'd in the Memorial. [^Passed Septem- 
ber 12. 



CHAPTER 210. 

RESOLVE ALLOWING £122. 0. 1 TO SAMUEL THAXTER ESQ*. 

An Accompt Presented by Samuel Thaxter Esq"" of Plank and Tim- Legislative 
ber supply'd for the Works at Castle William Amounting to the sum Kic'n xu*^® 
of £122. 0. 1. 46. 

[Read, Accepted And] House .Jour- 

Resolved That the Sum of One Hundred & Twenty Two Pounds & "^Antlvk-, 
one peny be allow'd & paid out of the Publick Treasury to Samuel Thax- c^iap- ■■^^• 
ter Esq"^ iu full Discharge of this accompt. \_Passed September 12. 



358 



Province LA^YS (Besohes, etc.) . — 1723-24:. [Chaps. 211-214.] 



CHAPTEE 211. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP"" JN" 

SHIPLEYS COMP'^. 



Legislative 
Records of tlie 
Council, xii., 

n. 

House Jour- 
nal, p. 66. 



A Muster Roll of the Company in his Majesties Service Eastward 
late under the Command of Cpt John Shipley, Containing an Accompt 
of wages due to y'" for their Service from June 25 to August 20. 1723 
Amounting to the Sum of £112. 16. 5. 

[Read, Accepted And] 

Resolved that the Sum of Ninety eight pounds Nineteen Shillings 
& Ten Pence be allowd & paid out of the Publick Treasury to the offi- 
cers and Soldiers born on the within Roll in full Discharge of the Wages 
thereof according to the Committees Report. [^Passed September 13. 



Legislative 
Rccorcis of the 
Council, xii., 
47^ 

House Jour- 
nal, p. 65. 



CHAPTER 212. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROL L OF Y^ COMP-*^ 
UNDER Y« COMM" OF CP^ GEORGE CARLISLE DECED. 

A Muster Ro ll of t he Company Late under the Command of Cp' 
George Carlisle deced being in his Majesties Service Containing an 
Accompt of wages due to them for their said Service from April 16. 
1723 to the 31" of July following Amounting to the Sura of £269. 11. 6- 

[Read, Accepted And] 

Resolved That the Sum of Two Hundred fifty eight Pounds Six shil- 
lings & six Pence be allow'd & paid out of the Publick Treasur}' to the 
several persons to whom the Same is Respectively due in full Discharge 
of the within Roll agreeable to the Committees Report. \_Passed Sep- 
tember 13. 



CHAPTER 213. 



RESOLVE ALLOWING 34sh. TO COLL» ELEAZ" TYNG. 



Legislative 
Records of the 
Council, xii., 

48. 

House Jour- 
nal, p. 65. 



An Accompt of Coll" Eleazer Tyng for Sending Expreses for the 
Service of the Government amounting to Thirty four Shillings, 

[Read, and] 

Resolved that the Sum of Thirty four Shillings ' be allowd & paid out 
of the Publick Treasury to Coll" Eleazer Tyng in full Discharge of the 
said Accompt. \_Passed Sejitember 13. 



CHAPTER 214. 



Legislative 
Records of the 
Council, xii., 
49. 

House Jour- 
nal, p. 68. 
Ante, p. S.M, 
chap. 199. 



VOTE FOR GUNS &c^ FOR THE DELEGATES. 

Voted That a Musquet with a Suitable quantity of Powder and Ball 
be Presented to Each of the Delegates now here in Lieu of those that 
are at Albany, design'd to be Presented to them. \_Passed Sep)tem- 
ber 16. 

1 The House Journal reads, 35/. 



[2d Sess.] Province Laws {Resolves, e^c). — 1723-24. 359 



CHAPTEK 215. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GAR- 
RISON AT S'' GEORGES RIVER. 

A Muster Roll of the Garrison in iiis Majesties service at tlie Block ^^^'^'j^'^f ., 
house at S' Georges River under the Command of Lieut' James Arm- Council, xii., 

strong Containing an accompt of wages due to them for their service ^^ . 

from Decem^ 19. 1722 to Aug" 16. 1723 Amounting to the sum of ^aT^fes*'"'" 
£433. 1. 9. .P- ■ 

[Read, Accepted And] 

Resolved That the Sum of Four Hundred & Twelve Pounds three 
Shillings & nine Pence be allow'd & paid out of the Publick Treasury 
to the oflicers and soldiers born on the within Roll in full Discharge of 
the wages thereof agreeable to the Committees Report. \_Passed Sep- 
tember 1 7. 



CHAPTER 216. 

RESOLVE ALLOWING £19. lb. 8 TO ELISHA PLAISTED ESQ^. 

A Petition of Elisha Plaisted Esq"^ Shewing that in the Year 1722 ]^|fj®|f-*^^fti,e 
by order of M"^ Treasurer Allen he Supply'd several soldiers in the ser- council, xii., 

vice to the amount of £28, 11. 1 and that the Generall Court at their ^ 

Session in Novem' 1722 were Pleased to Stop the Payment of £19. 15. 8 ^,*]"®f J^"""" 
of the said sum and therefore Praying for Reasons in his Petition that (Jan. ,1722); 
the Said sum may be allow'd him out of the Publick Treasury ^nu'^Su 

Read [Accepted] & chap'28L 

Resolved That M"^ Treasurer Allen be Directed to make good & Allow 
the Petitioner in making up and Settling his accompt of Slops &,(f with 
him the Sum of Nineteen Pounds fifteen Shilling^ & eight Pence for the 
Like Value delivered the Soldiers for the service of the Province as sett 
forth in the Petition. \_Passed Septemher 17 . 



CHAPTER 217. 

RESOLVE FOR ADVANCING £300 FOR REPAIRS AT THE CASTLE & LIGHT 

HOUSE. 

Resolved That M"" Treasurer Allen be directed to pay & advance to Legislative 
the Committee for Effecting Repairs at his Majesties Garrison at Castle counc^f xii^*^^ 
"William & the Light House the Sum of Three Hundred Pounds for that 49. 
Service, The Committee to be accomptable for said Sum. \_Passed House Jour- 
September 17. ""IhFjhm, 

chap. 32. 

CHAPTER 218. 

ORDER ON THO« HASTINGS'S PETITION FOR ALLOWANCE TO HIM OF 

HIS SON'S WAGES. 

A Petition of Thomas Hastings of Newton Praying that he may be Legislative 
Impow'red to Receive of the Treasurer the wages due to his son John Records of the 

' Sic. 



360 Province Laws (Besolves, etc.). — 11 2d-24. [Chaps. 219-221.] 

Council, xii., Hastiugs (who died in the service) Carried out to bim in the Muster 
-^ ; Roll of ColP John Wheelwright & Cp' Daniel Pecker 

House Jour- t^ i o o i 

nai, p. 69. Kead & 

Ordered ^ That the Prayer of this Petition be granted. \_Passed Sep- 
tember 17. 



Legislative 
Records of the 
Council, xii., 
51. 

House Jour- 
nal, p. 70. 



CHAPTER 219. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF COLL^ THO^ 
WESTBROOKS COMP\ 

A Muster Roll of the Company in his Majesties Service Eastward 
under the Command of Coll° Tho' Westbrook, Containing an acco' of 
Wages due to them for their service from Jan''^ 11. 1722 to Aug' 29. 
1723 Amounting to the sum of £942. 7. 9. 

[Read, Accepted and] 

Resolved that the Sum of Eight Hundred Ninety Six Pounds Thirteen 
Shillings & five Pence be allowd & paid out of the Publick Treasury to 
the Officers & Soldiers born on the within Muster Roll, (Agreeable to 
the Committees Report) in full Discharge of the wages thereof. \_Passed 
September 18. 



Legislative 
Records of the 
Council, xii., 
51. 

House Jour- 
nal, p. 71. 



CHAPTER 220. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP^ EDM» 

WARDS COMP^. 

A Muster Roll of the Company in his Majesties service Eastward 
under the Command of Cp' Edmund Ward, Containing an Acco' of 
wages due to them for their said service from the P' of Decern'' 1722 
to y" 1'' of Septem' 1723 Amounting to the sum of £934. 5. 2. 

[Read, Accepted And] 

Resolved That the sum of Eight Hundred Eighty Seven Pounds, Six 
Shillings & two Pence be allow'd &, paid out of the Publick Treasury 
to the Officers & Soldiers born on the within Muster Roll (agreeable 
to the Committees Report) in full Discharge of the Wages thereof. 
[^Passed September 18. 



CHAPTER 221 



Legislative 
Records of the 
Council, xii., 
51. 

House Jour- 
nal, pp. 70, 71. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CP^ JAC: 

TILTONS COMP'^. 

A Muster Roll of the Company in his Majesties service Eastward 
under the Command of Cp' .Jacob Tilton Containing an Accompt of 
wages due to them for their said service from y^ 15"" of Nov'' to the 
10"' of Jan*^-^ following amounting to the Sum of £197. 15. 

[Read, Accepted And] 

Resolved That the sum of One Hundred eiglity six Pounds two Shil- 
lings & Ten Pence be allow'd & paid out of the Publick Treasury to 
the officers & Soldiers born on the within Roll (agreeable to the Com- 
mittees Report) in full Discharge of the Wages thereof. \_Passed Sej)- 
tember 18. 

> In the House Journal, " Resolved." 



[2d Sess.] Province Laws {Besolves, etc.). — 1723-24:. 361 

CHAPTER 222. 

RESOLVE ALLOWING £15. Lt TO SAM'- JORDAN. 

A Memorial of Samuel Jordan Praying an allowance for his service Legislative 
as Pilot of the forces under the Command of Coll" Thomas Westbrook Sncn.xihl*'^ 
in their March to Penobscott Fort Last Winter ^^ 

Read [Accepted] & House Jour- 

Resolved that the Sum of fifteen Pounds & fifteen shillings be allowd °'^'' ^' ''^' 
& paid oat of the Publick Treasury to the Petitioner samuel Jordan in 
Consideration of the services within Mention'd. [^Passed September 18. 



CHAPTER 223. 

RESOLVE ALLOWING £76. 15. 1 TO COLL'^ JOHN SCHYLER. 

Ax AccOMPT presented by Coll" John Schuyler of money disbursted ^^'^If^'^^f ju 
for the expences of the Delegates, expresses & other things for the ser- Council, xii., 

vice of this Province amounting to the sum of £76. 15. 1. ^2i 

[Read and] " naT^S"''" 

Resolved that the sum of Seventy six Pounds fifteen Shillings & one 
Penny be Alowed and Paid out of the Publick Treasury to Coll° John 
Schyler In full Descharge of this Accompt. \_Passed September 18. 



CHAPTER 224. 

RESOLVE ALLOWING £3 TO HEZ^ WRIGHT. 



An Accompt of Hezekiah Wright for Coming Express from North- ^"^^'^jf*^^* tj, 
ampton in the service of the Gover"' & for his Return Home Council, xii., 

[Read, and] ^li 

Resolved that the Sum of Three Pounds be Alowed and Paid out of ^^^^ ^^^^' 
the Publick Treasury to Coll" Sam^ Partridge for the Use of the Said 
Hezkiah Wright In full Satisfaction for his Service as Above Mentiond. 
\^Passed September 19. 



CHAPTER 225. 

RESOLVE FOR ADVANCING £50 FOR THE DELEGATES EXPENCES HOME. Legislative 

Records of the 
Council, xii., 

Resolved that the sum of Fifty Pounds be advanced & paid out of 53. 



the Publick Treasui'y to Lieu' Joseph Kellog for Defraying the Charges House Jour- 
of the Delegates In their Return Home and he to be Accomptable for j^niFp^ki 
the Said Sum. \_Passed Sepjtember 19. chap'.m 



362 



Province IjAw^ (Resolves, etc.). — 1723-24. [Chaps. 226-230.] 



Legislative 
Records of the 
Council, xii., 
53. 

House Jour- 
nal, p. 72. 
Ante, p. 361, 
chap. 223. 



CHAPTEE 226. 

RESOLVE ALLOWING £7. 8. 10 TO DISCHARGE COLL" JN" SCHYLERS 2» 

ACC'\ 

An Accompt of Coll" John Schyler of Expences on the Messengers 
Sent to Albany for him Amoun" to the Sum of £7. 8. 10. 

[Read, Accepted And] 

Resolved That the Sum of Seven Pounds Eight Shillings & ten Pence 
be Alowed and Paid out of the Publick Treasury to the houb'*^ John 
Schyler Esq' In full Discharge of the Said Accompt. \_Passed Septem- 
ber 19. 



Legislative 
Eecords of the 
Council, xii., 
53. 

Legislative 
Records of the 
Council, xii., 
52. House 
Journal, p. 74. 
Ante, p. 332, 
chap. 124. 



CHAPTEE 227. 

VOTE FOR A PRESENT TO COLL'' JN'" SCHYLER. 

Resolved that the Sum of one Hundred Pounds be Alowed & Paid 
out of the Publick Treasury to the Hon''^'' Coll" John Schyler for his 
Good Services to this Province. [^Passed September 19. 



CHAPTEE 228. 



Legislative 
Records of the 
Council, xii., 
53. 

Ante,\^. 361, 
chap. 225. 



RESOLVE ALLOWING £10 TO LIEU^ JO^ KELLOG. 

Resolved that the Sum of Ten Pounds be Alowed and paid out of 
the publick Treasury to Lieut" Joseph Kellog in Consideration of his 
Extraordinary Services to this Province.^ [^Passed September 19. 



CHAPTEE 229. 



RESOLVE ALLOWING 20sh. TO DOCT" NATHi- WILLIAMS. 



Legislative 
Records of the 
Council, xii., 
53. 

House Jour- 
nal, p. 73. 



An Accompt of Doct' Natha' Williams of Medcines and Attendance 
on the Indian Delegates Amoun" to twenty Shill"* 

[Read, and] 

Resolved that the Sum of Twenty vShilliugs be Allowed & Paid out 
of the Publick Treasury to Docf Nath' Williams In full Discharge of 
the Above Accompt. \_Passed September 19. 



CHAPTEE 230. 



VOTE FOR THREE SURGEONS IN THE SERVICE. 



Legislative 
Records of the 
Council, xii., 
54. 

House Jour- 
nal, p. 75. 



Voted that there be but three Surgeons Detained In the Service & 
Pay of this Province to be Allowed five Pounds only pe'' Month Each. 
To be Posted one at York, one at Casco Bay and one at Brunswick at 
Fort George. ]^Passed September 20. 

I Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves, e/c). — 1723-24. 363 

CHAPTEK 231. 

RESOLVE ALLOWING SOsh. TO CAP'^ EDMUND WARD. 
An Accompt Presented by Edmund Ward of Transporting Provi- ^^»'^^?"^^., 

i'li rti 1 f\ Kecorus ol the 

sions from Falmouth to Arowsick Amount" to xl. 10. Council, xii., 

[Read, and] ~ 

Resolved that the Sum of thirty Shillings be Alowed & Paid out of ^^'il'irS.''''' 

the publick Treasury to Cap* Edmund AVard In full Discharge of the 

Said Accompt. \_Passed Septemher 20. 



CHAPTER 232. 

VOTE FOR PUTTING THE PROVINCE SEAL TO THE TREATY W^" THE 
DELEGATES OF THE EIGHT NATIONS. 

Whereas this Court have Voted that Copies of what was Delivered Legislative 
at the Several Conf erances had by this Government With the Dele- Couucii, xii., 

gates of the Eight Nations &c as well on the Part of the Govern' as ^ 

the Delegates & a Duplicate thereof be Delivered to the Deligates Ji'^^^®'?^'^^., 

■w^-r ■■,-,.,. 1 -ri • Records of the 

Under the Seal of the Provnice Council, xii., 

Eesolved that the Secretary be Directed. To Affix the Seal of the f^urnai^in'^:-, 
Pi'ovince to the Coppy hereto Anexed & Deliver the Same forthwith 73, 7R-84'. 
to the Hon''''' Coll" John Schyler for the Use of the Delegates. [Passed 
Septemher 20. 



CHAPTER 233. 

VOTES FOR PAYING MAQUAS FOR SCALPS. 

Whereas this Govern' have Engaged the Indian Maquas & Other Legislative 
Tribes to Carry on the War against the Eastern Indians & have Agreed coundi*! xi*.!^^ 
that a Premium be given them for Scalps '^ 

Resolved. That When any of those Tribes Appear and go out In that House Jour- 
Service they be Supplyed with Provision and Amunition at the Charge "'"^ '^' '^' 
of the Province Without Any Subduction or Allowance Therefor out 
of the Bounty for Scalps, That a Quantity of Goods Suitable for the 
Indians be sent up and Lodged In the Hands of Timothy Dwight of 
Northampton To the value of five hund*' Pounds, and that the Said 
Dwight Advise M"' Treasurer When the Said Goods or The Greatest 
Part of them Is Expended In order to his being further Suppl3'ed, an 
Invoice with the Prime Cost to be Sent to M' Dwight at all Times, and 
that he Make no Advance thereon, but In Case the Indians Should De- 
sire to be Paid in money, that the said Dwight be Impowerd to Draw 
upon the Treasurer for such sums as may be Necessary for that End. 
the Said Dwight To be upon Oatli for the f aithf ull Preformance of y" 
Duty hereby Enjoyned him And that When the Indians bring In any 
Scalps, into the County of Hampshire They Repair to Coll° Sam' Part- 
ridge Coll" John Stoddard And Ebenez'' Pomroy Esq'' and upon their 
or any two of Them Giving out a Certificate That According to such 
Evidence as they had Received, they Accounted the Scalps Presented 
to be the Scalps of the Enemy Indians, the Said Dwight Deliver to 
the Indians Such Sums In goods or Money as they are Intituled to. 
\_Passed Septeniber 20. 



364 



Province Laws {Resolves, etc. ) . — 1723-24. [Chap. 234 J 



CHAPTEK 234 



Legislative 
Records of tiie 
Council, xii., 
55. 

Legislative 
Records of the 
Council, xii., 
13, 14, 40, 49. 
House Jour- 
nal, p. 86. 



RESOLVE IN REGARD TO THE PAY OF FIELD OFFICERS OF THE GAR- 
RISON AT CASTLE W^*'. 

Resolved that the Commission and Warrant Officers & Soldiers at 
Castle William be paid out of the publick Treasury In Manner folow- 
ing Viz' The Cap' one hundred & twenty five pounds p"^ Annum The 
Lieutenant Seventy five Pounds p'' Annum The Gunner Fifty Pounds 
p'' Annum Six Quarter Gunners forty five Shillings P' Month Each, 
Two Sergeants forty five shillings P"" Month Each Two Corporals & a 
Drummer thirty seven shillings p"^ Month Each & Twenty five Private 
Centinals thirty Shillings ?"■ month And A Chaplain to be Allowed Sixty 
two Pounds Ten Shillings p"" Annum Provided that on the Enlistment 
of the Said Gunners Serjants Coporals & Private Centinals they be 
Able Bodied p]ffective Men Provided Also that this Duty be by the 
Afore meutiond Several Officers Preformd Viz' That the Cap'" be upon 
the Place at Least three Days In the week & as Often Else as Neces- 
sary Occasion Calls for him. Except In Case of Sickness or Something 
Extraoixlinary happening or Such other time or times as he may Obtain 
Leave of the Captain General or Commander In Chief for the time Being. 
That the Lieu' be Constantly on the Place Except When he Shall have 
Leave from the Governour or Commander In Chief for the Time being 
or from The Cap" of the Castle. That the Chaplain Read y" Scriptures 
& preform Daily Prayers Morning & Evening In the Chappel & Preach 
twice P^very Lords Day Except In Case of Sickness or Absence by Leave 
of the Captain. That the Gunner Reside there. And that the Captain, 
and In his Absence the Lieut" Take Effectual Care that the Officers & 
Soldiars there In Pay be Constantly Diciplined more Especially the 
Quarter Gunners. In order to Make them and the Men Expert in the 
Exercising the great Artillary in Levelling Traversing Loading & firing 
the Guns &c That so In Time they may be Capable of that Duty In 
Actual Service : and this Present Establish"'' to Commence from the 
making up of the Last Muster Roll of that Garrison & from thence to 
be of force & Virtue untill the time of four Years be Expired Provided 
that it be made to Appear to this Court befor any Muster Roll for that 
Garrison be Passed for Payment that the Officers and Soldiars have 
Preformed the Service injoined by this Establishm' and the former 
Establishm' made In the Year 1710 is hereby Declared to be Null & 
Voide & at an End, And for the further Encouragement of the War- 
rent Officers & Soldiars that Shall Enlist In the Said garrison of so 
great Importance to this Government 

It is hereby further 

Resolved that the sum of Three Pounds with a Red Coat not Exceed- 
ing four Pounds Value Shall be Allowed to Each Good and Effective 
Able Bodied Man as Afores'' & no Other and that no Indian Negro or 
Mollatto (Except one Servant of the Captains) ^ be Enlisted or Re- 
tained In the Service at y" Castle and no Other man unless he be Sui 
Juris be Enlisted as Afores*^. \^Passed Septeonber 20. 

' Close of parenthesis from the State Library copy. 



12b Sess.] Province Laws {Resolves, etc.). — 1723-24. 365 



CHAPTER 235. 

KESOLVE .ALLOWING PAYMENT ON THE MUSTER ROLL OF THE COMP"^ 
UNDER THE COM" OF LIEU"" W' HILTON DES". 

A Muster Roll of the Company In his Majest' Service Eastward Rifords of the 
under the Command of Lieut'" W" Hilton Deaces** Conta" an Accompt c;ouncii, xii., 

of Wao-es Due to them for their Said Service from Dec' 12. 1722 to ^-^ 

Septem' 13"^ 1723 Amout- to the Sum of £655. 9. na^P^^r''" 

[Read, Accepted And] ^ 

Besoloed that the Sum of Six hundred forty Seven Pounds Nine Shillin' 
be Allowed and Paid out of the Piiblick Treasury to the Heirs Execu- 
tors or Administrators of the Said W" Hilton Decs'* the Officers & Sol- 
<iiars Born on the within Muster Roll Agreeable to the Committe's 
Report. \_Passed September 20. 



CHAPTER 236. 

RESOLVE ALLOWING £12. 8 TO COLL" THO^ WESTBROOK. 

An Accompt of ColP Tho" Westbrook of Disburstments for Trans- Legislative 
porting Provisions Mending "Whale boats, Oars &c Amounting to the councif, xu"'^ 
sum of £12. 8. 5^- 

[Read, and] naT^^S"'"" 

Resolved that the sum of twelve Pounds Eight Shillings be Allowed ^^ 'V- ' ■ 

& Paid out of the Publick Treasury to ColP Tho' Westbrook in full 

Discharge of this Accompt. [Passed September 20. 



CHAPTER 237. 

RESOLVE ALLOWING 50sh. TO BRIANT TOOL. 



An Accompt of Briant Tool of Time & Expence In Riding to York ^If^rds'of the 
Express by order of the Government Amo'° to £2. 10. Council, xii., 

[Read And] ^2i 

Resolved that the sum of fifty Shillings be Allowed & Paid out of Ho^se Jour- 
the Publick Treasury to Briant Tool In full Discharge of the Within 
Accompt. \_Passed Se2Mmber 20. 



CHAPTER 238. 

RESOLVE ALLOWING £3. 9. 9 TO DISCHARGE BRIANT TOOLS 2^ ACCOMPT. 

An Accompt of Briant Tool for horse hire Time «fe Expence In Legislative 
Going Express to Kittery By Order of the Government Amounting council* xii**"® 
to £3^ 9. 9. ^"- 

[Read, accepted and] House Jour- 

Resolved the * the sum of three Pounds Nine Shillings & Nine Pence °'^'' ^'" '^' 
be Allowed and paid out of the Publick Treasury to Briant Tool In 
full Discharge of the Within Accompt. \_Passed September 20. 

1 Written "that" in State Library copy, Legislative Records of the Council, xii., 56. 



366 



Pkovince Laws {Resolves, etc.). — 1723-24. [Chaps. 239-242.] 



CHAPTER 239. 



RESOLVE ALLOWING £2. 10. 8 TO JOHN AMES. 



Legislative 
Records of the 
Council, xii., 
57. 

House Jour- 
nal, p. 7ti. 



An Accompt of John Ames of Time Horsebire & Expence In Going 
Express from Boston to Dunstable Dracut Haveril & Almsbury 

[Read, Accepted And] 

Resolved that the Sum of Two Pounds Ten Shillings & Eight Pence 
be Allowed and Paid out of the Publick Treasury to John Ames In 
full Discharge of the Said Accompt. \_Passe(l September 20. 



CHAPTER 240. 

RESOLVE ON THE ACCO'^t OF y- PRESENT MADE TO Y'' DELEGATE OF 
THE EIGHT NATIONS. 



Legislative 
Records of the 
Council, xii., 

58. 

House .Jour- 
nal, p. 8.T. 
Ante, p. 3.')4, 
chap. 199; 
p. 358, chap. 
214. 



An Accompt Presented by W" Taylor Esq'' from the Committe of 
Both houses Appointed to Prepare a Present for the Indian Delegates. 
Of the Several Articles of the Said Present Amounting to the Sum of 
£486. 6. 9. 

[Read And] 

Resolved that the Sum of four hundred & Eighty Nine Pounds fifteen^ 
Shillings & Nine Pence be Allowed & Paid out of the Publick Treasury 
to M"" Ezekiel Lewis to be by him Repaid to the Several Persons to 
Whome the same is Respectively Due as by their particular Accompts 
Referd to in y" Within Accompt and is In full Discharge of this Ac- 
compt. \_Passed September 20. 



CHAPTER 241. 



RESOLVE ALLOWING 17sh. 8 TO FRANCES HOLMES. 



Legislative 
Records of the 
Council, xii., 

58. 

House .Jour- 
nal, p. 88. 



An Accompt of Frances Holmes of the Expence of Several Comittees 
of the General Court Amounting to Seventeen Shillings «& Eight Pence 

[Read, And] 

Resolved that the Sum of Seventeen Shillings & eight Pence be 
Allowed and paid out of the publick Treasury to the Accomp' Frances 
Holmes In full Discharge of the Above Acco". \_Passed September 20. 



CHAPTER 242. 



RESOLVE ALLOWING 4fisH. TO JON'^ POLLARD, 



Legislative 
Records of the 
Council, xii., 
59. 

Mass. 
Archives, 
Ixxii., 115. 
House .Jour- 
nal, p. 85. 



An Accompt of Jonathan Pollard of the expences of a Committe of 
the General Court on the Affairs of y" Delagates Amounting to £2. 6. 

[Read And] 

Resolved that the Sum of forty Six Shillings - be Allowed & Paid out 
of the Publick Treasury to the Accomptant Jon" Pollard in full Dis- 
charge of the Above Accompt. [^Passed September 20. 

1 The House Journal reads, £489. 6. 9. 
» The House Journal reads, 40/ 5. 



[2d Sess.J Pkovinxe Laws (^Hesolces, etc.). — 1723-24. 3G7 



CHAPTER 243. 

RESOLVE ALLOWING £8 TO JAMES BRENTNAL- 

A Petition of James Breiitmil Prayiug that he may be Allowed his Legislative 
wages ill Coll" Westbrooks Muster Roll which were Stuped in the Treas- coumir, xii.,^^ 

ury upon The acco" of the Petitioners having one of the Province Arms ^ 

in his hands which is now Returned as appears by the Treasurers Cer- House Jour- 

'^ '^ ^ nal, pp. 70, 86. 

tincate 

Read & 

Resolved That the Prayer of the Petition be Granted And that the 
Treasurer be Directed to Pay the Petitioner Eight Pounds Accord- 
ingly. \_Passed September 20. 



CHAPTER 24:4. 

RESOLVE ALLOWING 42sh. TO JN'' FLAGG. 



An Accompt of John Flagg of his Time & Horse hire In Summoning Legislative 
Several Members of his Majesties Council &c Amounting to the sum councn, xu*!'^ 
of £2. 2. !^: 

[Read And] House Jour. 

Resolved that the Sum of forty two Shillings be Allowed & Paid out "" '^'' 
of the Publick Treasury to John Flagg In full Discharge of the Above 
Accompt. \_Passed September 21.^ 



CHAPTER 245. 

RESOLVE ALLOWING £13. 10. 6 TO RICH" HALL. 

An Accompt Presented by Rich'' Hall of the Expence of Several ^fordsVTf the 
Comm"" of the General Court this Session Amounting to the sum of Council, xu., 
£13. 10. 6. 

[Read and] ?atp! ss"."" 

Resolved that y*" Sum of thirteen Pounds Ten Shillings & Six Pence 
be Allowed and Paid out of the Publick Treasury to Richard Hall the 
Accomptant In full Discharge of the Above Accompt. [^Passed Sep- 
tember 21.^ 



CHAPTER 246. 

VOTE ABOUT THE TWO PRECINCTS IN WEYMOUTH. 

Whekeas this Court in Their Session Last Nov' Did by a Vote of R^f^r.i"of the 
the 20'^ of y'' Said Month set off a Precinct at the south Part of Wej-- comu-ii, xii., 

mouth as in Said vote is Butted & Bounded but Some Misconstruction °^ 

is Since made of those Bounds To the Southward of M"- Blanchards "^°i"p^ w!'""" 

Ordered that the Line & Bounds of said Precinct Be Run According Jnie/p.iio, 
to the trew Intent & Meaning as was Determined by the Committe that ^^^^^' ^^^" 

> This date is according to the House Journal ; according to Legislative Records of the 
Council, xii., 58, the date is September 20. 



368 



Pkovince Laws {Besolves,e(c.). — 1723-24. [Chaps. 247-250.] 



Run Said Line and that John Quiucy & Joseph White Esq" with Two 
Persons to be Chosen out of each Precinct b}' the Inhabitants Thereof 
be a Committee to Run the said line & Return the same In the Town 
& New Precinct Books. \^Passed September 21. 



CHAPTER 247. 



RESOLVE ALLOWING £5. 8. 8 TO JOS" PLUMMER. 



Legislative 
Records of tlie 
Council, xii., 
60. 

House Jour- 
nal, p. 75. 



A Petition of Joseph Plummer Praying an Allowance for sundry 
Provisions by him Supplyed Lieu' W" Hilton & Company at Scar- 
borough, As Appears by The Officers Certificate 

Read [Accepted] & 

Resolved That the sum of Five Pounds eight Shillings & eight Pence 
be Allowed & Paid out of the Publick Treasury to Joseph Plummer the 
Petitioner In full Discharge of the Stores Supplied & Mentioned In his 
Petition. \_Passed September 21 . 



CHAPTEE 248. 



RESOLVE ON ACCO" OF EXPENCES AT THE CASTLE. 



Legislative 
Records of the 
Council, xii., 
60. 

Legislative 
Records of tlie 
Council, xii., 
44 his. House 
Journal, p. 87. 



An Accompt presented by ColP W" Taller of expences at Castle 
William in Entertaining the Indian Delegates Amounting to £38. 1. 

[Read, and] 

Resolved that y^ Sum of thirty eight Pounds one Shilling be Allowed 
& paid out of the publick Treasury to the Honb''^ AV" Tailer Esq"" to be 
by him Repaid to the several Persons to Whome the same is Respec- 
tively Due (as by their Notes &c Referd to In the Above Acco") and 
is in full Discharge of the Same. [^Passed September 21. 



CHAPTER 249. 



Legislative 
Records of the 
Council, xii., 
6L 

House .Jour- 
nal, p. 88. 
Love's Fast 
and Thanks- 
giving Days of 
New England, 
p. 490. 



VOTE FOR A PUBLICK FAST. 

Voted that there be a Day Sett apart for publick prayer with fasting 
to Implore y'^ favour of Almighty God towards this Province Under Our 
Present Dificulties, More Especially with Respect to the present Dis- 
tressing War with the Indian Rebels. And that his Honour the Lieut" 
Grovernour. with the Advice of the Council be Desired to Appoint the 
Day. l^Passed September 21. 



CHAPTER 250. 

VOTE THAT COMMANDERS OF FORTS &c GIVE AN ACCO^t OF STORES. 



Legislative 
Records of tlie 
Council, xii., 
61. 

Hoxiae Jour- 
nal, p. 88. 



Whereas the sundr}^ Forts & Garrissons that are Maintained at the 
Charge of this Province do Demand Large Quautaties of stores of war 
& Other Necessarys & no Account Given to this Court How They are 
Expended 



[2d Sess.] Province Laws {Resolves, e/c). — 1723-24. 369 

Resolved that the Commandiug Officer of each fort or garrisson do 
prepare A true Inventory of all the stores belonging to the several 
garrissons Under Their Command, and Transmit the same to the 
Treasurers Office, to be by him Laid before this Court at their Next 
Session. In order to their being Supplyed with what may be then 
Deemed Necessary ; and the afores'^ Officers & Their Successors do 
twice a Year at the Least send an Accompt of the expeuce of the 
Stores under their Care as Af ores'*. \_Passed September 21. 



CHAPTEE 251. 

VOTE FOR BUYING GUN POWDER. Legislative 

Records of the 
Council, xii., 

Resolved that the Treasurer be Directed to Purchace thirty Barrells 6L 

of the best Gun Powder he Can meet with for the Use of the March- House Jour- 
ing forces only. [^Passed September 21. nai, p.70. 



CHAPTER 252. 

RESOLVE ON ACCO'' OF THE CHARGE OF ENTERT" THE DELEGATES &c. 

An Accompt Presented by Addington Davenport Esq'' of Provisions Legislative 
House Pent Shirting &c for the Indian Delegates & for the Charge of coSncff, xii!!'"' 
Silver Plates Presented to them Amounting to the sum of £483. 18. 8. '^ 

TRead And] House Jour- 

nil 11 ftT 

Resolved that the Sum of four hundred & Eighty three Pounds Eigh- Anie,'v. 342, 
teen Shillings & eight Pence be Allowed & Paid out of The Publick chap. isa. 
Treasury to the Honb'^ Addington Davenport. & Thomas Fitch Esq" 
to be by them Repaid to the several Persons to Whome the same is 
Respectively Due (as by Their Particular Accompts referd to in this 
Accompt) in full Discharge of the same. \_Passed September 21. 



CHAPTER 253. 

RESOLVE ALLOWING LEWIS LE TRAIL £8. 

A Certificate under the hand of Cap' Thomas Durrell that Lewis Legislative 
Le Trail preformd the service of a Pilot Extra of his Majesties Ship ^ofi^cff xu!'^^ 
Sea horse under his Command for the Space of two Months the Last 62. 
summer and a Certificate under the hand of the Secretary that the House Jour- 
said Le Trail received a Warrent from his Honour the Lieu' Gover'^ ^^^' ^- ^^' 
for that Office 

Read & 

Resolved that the sum of eight pounds be allowed & paid out of the 
Publick Treasury to M"" Lewis Le Trail in full of his Service as Pilot 
Extra as Af ores'^ [^Passed September 21 . 



370 



Province Laws (i?eso^ves,e;c.). — 1723-24. [Chaps. 254, 255.] 



CHAPTEK 254. 



Legislative 
Records of the 
Council, xii., 
62. 

House Jour- 
nal, p. 75. 



VOTE FOR SEND« AMUNITION TO HAMPSHIRE. 

A Memorial of Coll° Sam' Partridge Praying That a Sufficient 
Quantity of Powder & other Ammunition be sent into the County 
of Hampshire 

[Read and] 

Resolved that the Treasurer be Directed to send six barrells of good 
Gun Powder & a Proportionable Quantity of Lead & flints to Coll° Sam' 
Partridge at Hatfield for the Use of the forces that may be Employed 
in the service of the Province on the Western Frontiers, thesaid 0011° 
Partridge to be Accomp table for the same. \_Passed September 21. 



CHAPTER 255. 



RESOLVE ALLOWING £10 TO JACOB TILTON. 



Legislative 
Records of the 
Council, xii., 
63. 

House Jour- 
nal, p. 75. 



A Petition of Jacob Tilton Praying an Allowance as Pilot to the 
forces under the Command of Coll" Thomas Westbrook in their March 
to Penobscot Fort the Last winter 

Read & 

Resolved that the sum of Ten Pounds be Allowed and paid out of 
the publick Treasury to Cap' Jacob Tilton in full of his Service Men- 
tioned in his Petition. [^Passed September 21. 



[3d Sess.] Province Laws {Resolves, etc.). — 1723-24. 371 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-third Day of October, A.D. 1723. 



CHAPTER 256. 

THANKS GIVING APPOINTED. 



Legislative 
Records of the 
Council, xii., 
70^ 

Executive 
Records of tlie 

The Secretary Laid before the Board the Draught of a Proclama- E?,"'^^''^'!' 
tion for a General Thanks Givhig to be Observed Thro out this Prov- Vast and 
luce upon thursday the twenty eiglith Instant Which was Read and Dav"'^>TNew^ 

Advised that his Honour Issue out the said Proclamation Accord- England, 



inglj. \_Passed * November 6. 



p. 490. 



CHAPTER 257. 

RESOLVE ALLOWING £2. 3. 6 TO ZACHARIAH HICKS. 

An Accompt of Zachariah Hicks for Riding Express from Boston to Legislative 
Wells in the Sevice of the govern* Amount" to £2. 3. 6. Councu xu*^^ 

[Read, and] 70^ 



Resolved that the sum of Two Pounds three Shillings & Six Pence House Jour- 
be Allowed & Paid out of the Publick Treasury to the Accomptant ^^ ' ^' ^' 
Zachariah Hicks In full Discharge of the Said Accompt. \^Passed 
November 6. 

CHAPTER 258. 

ORDER ON THE PETITION OF SAM^- COMESTOCK & HIS ASSOCIATES FOR 
CONFIRMING TITLE TO LANDS. 

A Hearing having been had Yesterday before the House on the Peti- J;*'o^*'?tive 

Kcoortls 01 tiliG 

tion of Samuel Comestock & his Associates and after Some Debate council, xu., 

Thereon ii: 

Ordered that upon a Good & Law^f ull Release & Quit Claim from the House jour- 
Govern'"' of the Colony of Rhode Island & Providence Plantation^ well (Aug.); pp.6, 
Executed to this Province of the IMile to the northward of the Colony ciiap.'si! ^^' '^"°' 
Line the Nine Hundred Acres Petitoned for by the said Comestock & 
Others as Laid out to them, be & hereby is Confirmed to them their 
Heirs & Assigns forever. Provided it exceed not the Quantity & Does 
not Infringe upon any former Grant of this Govr"" provided also that 
the grant of nine hundred Acres to the Said Comestock & his Asso- 
ciates by this Court In their Last may Session in Satisfaction of their 
Petition be Declared null & void & of none Effect to all Intents & 
Purposses. \^Passed November 7. 

1 The House Journal reads, " The Town of Providence." 



372 



Province Laws {Resolves, etc.). — 1728-24:. [Chaps. 259-262.] 



CHAPTER 259. 



Legislative 
Eecords of the 
Council, xii., 
73^ 

House Jour- 
nal, p. 7. 
Ante, p. 231, 
chap. 206. 



ORDER APPOINTING SAM^^ THAXTER OF Y^^ COMMUTE. 

On the Petition of Thomas Drury [for liberty to purchase lands 
of the Indians at Hassanimisco] 

Ordered that Samuel Thaxter Esq"' be added to the Committee in the 
room of Thomas Fitch Esq"' and that they make Report to this Court 
at or before their Session in May Next. [^Passed November 8. 



CHAPTER 260. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE SLOOP 
ENDEAVOUR CAP' JOSEPH MAJORY. 



Legislative 
Records of the 
Council, xii., 
75^^ 

Legislative 
Records of the 
Council, xi., 
572. House 
Journal, p. 9. 
A7ite, p. 290, 
chap. 11. 
Infra, chap. 
261. 



A Muster Roll of Cap' Joseph Majory Commander of the Sloop 
Endeavour^ appointed a Guard Vessell for the fishery Cont° an Accompt 
of Wages Due to Him & his Company for their Service from June lo''^ 
1723 to the 2'^ of October following Amouting to the Sum of £195. 5. 1. 

[Read Accepted And] 

Resolved that the sum of one Hundred & Ninety five Pounds five 
Shilling - & one Penny be Allow*^ & Paid out of the Publick Treasury 
to the said Josepli Majory & the men Born on the Within Roll In full 
Discharge of the Wages thei-eof . And that the further Sum of Seventy 
five Pounds two Shillings & ten Pence be Allowed & Paid out of the 
Publick Treasury to the said Majory for so much Supplied the Men in 
full Discharge of the Like Sum as Enter'd on the within Roll, in the 
Commissary's Column. \_Passed November 14. 



CHAPTER 261. 



Legislative 
Records of the 
Council, xii., 
75^ 

House Jour- 
nal, p. 9. 
Supra, chap. 
260. 



RESOLVE ALLOWING £3. U. 6 TO CAP^' JOS''- MAJORY. 

An Accompt Presented by Cap' Joseph Majory of Disburstm" on the 
Sloop Endeavour under his Command ^ Amount^ to the sum of £3. 14. 6. 

[Read and] 

Resolved that the sum of Three Pounds fourteen Shillings & Six 
Pence be Allowed & Paid out of the Publick Treasury to Cap' Joseph 
Majory In full Discharge of his Disburstmeuts, as Mention'd in the 
within Accompt. \_Passed November 24. 



CHAPTER 262. 



Legislative 
Records of the 
Council, xii., 
76. 



RESOLVE ALLOWING 43/ TO SAM'' GOQKIN ESQ''. 

An Accompt of Sam' Gookin Esq"" Sheriff of the County of Middle- 
sex for Impressing Horses & Accompanying the Delegats of the six 
Nations &c 

' According to the House Journal John Tappan was commander of the sloop Endeavour. 
So also according to Legislative Records of the Council, xii., 89. Capt. Majory was in 
command of a company on the Endeavour. — House Journal, p. 7. 

a Sic. 



[3d Sess.] Pkovince L.uvs (IiesoIve.s, etc.). — 1723-24. 373 

[Read, and] L^ffl^^olu.e 

Eesolced that the Sum of forty three Shillings be Alowed & Paid out council, xis., 

of the Publick Treasury to I\I' Sheriff Gookin in full Discharge of the journal! p. 9. 

Said Accompt. [^Passed November 14. 



CHAPTER 26 3. 

RESOLVE ALLOWING 30/. TO PETER RICE. 



An Accompt of Peter Rice for going express from Marlbo™ To Brook- Legislative 

„,,, 1 a .1 r^ ooi Records of the 

field by order or the Grovernment Council, xii., 

[Read and] 1^ 

Resolved that the sum of Thirty Shillings be allowed & Paid out of Ho"se Jour- 

the Publick Treasury to ]\P Caleb Rice for the use of the Accomptaut ' 

In full Discharge There of. \_Passed November 15. 



CHAPTER 264. 

resglat; ali-owing £4. e to capt peter newell. 

An Accompt of Cap' Peter Newell of going expi-ess to Berwick by Legislative 
order of the House Amount" to the sum of £4. 6. Counctf xli^'^^ 

[Read And] 78. ' " 

Resolved that the sum of four Pounds Six Shillings be Allowed & House Jour- 
Paid out of the Publick Treasury to Cap' Peter Newell In full Dis- ''^^' p- "• 
charge Thereof. [Passed November 15. 



CHAPTER 265. 



resolve allowing 23/. TO LUKE SMITH. 



An Accompt of Luke Smith for Dieting Several Mohawks Subsisting Legislative 
Soldiers &c amounting to the sum of £1. 3. CmS xu*!"^ 

[Read and] 



Resolved that the sum of twenty three Shillings be Allowed & Paid House Jour- 
out of the Publick Treasury to M^ Luke Smith In full Discharge of this °'''^' ^- ^'^• 
Accompt. \_Passed November 15. 



CHAPTER 266. 

RESOLVE ALLOWING £100 FOR RAILING ON BOSTON NECK. 

Resolved that M"" Treasurer be Directed to Pay to William Payne Legislative 
Esq"" the sum of one hundred Pounds to Defray the Charge of Raifing coundf xn^*^^ 
in the way over Boston Neck. The Committee appointed the Nine- v^. 
teenth^ of August Last Past for that Service to be Accomptable for House Jour- 
the Sum Af ores'*. \_Passed November 15. XW,'p!a32 

chap. 1-Jl. 
• The House Journal reads, "the 10th." 



374 



Province Laws (Besohes, etc.). — 1723-24.. [Chaps. 267, 268.] 



CHAPTER 267 



Legislative 
Records of the 
Council, xii., 

78^ 

House Jour 
nal, pp. 12, 13. 



RESOLVE ALLOWING £36 FOR THE USE OF CHRISTIAN & OTHER 

MAQUAS. 

A Petition of Christian (a Maqua Indian) Praying an Allowance for 
himself & five others of his Tribe, that were in An Engagement with 
the enem}' Indians at a Place above Richmond where he Supposes they 
Killd one of the enemy. 

[Read and] 

Resolved that the sum of thirt}" five Pounds be Allowed &, Paid out 
of the Publick Treasury for the Use of the six Maquas who were In 
the Engagement Lately Had against the Indian Enemy Above Rich- 
mond Fort In Equal Proportion for their good Services ; What was 
Deliverd to those already gone to albany to be accounted Part of the 
said sum. and that the further sum of seven Pounds ten Shillings be 
Allowed & Paid out of the Publick Treasury to the three Maquas 
Christian Isaac & Austaganuck In Consideration of the wages Due 
to them for service under Cap' Daniel Pecker The money to be made 
Payable to John Stoddard Esq'' Who is hereby Impowered «fe Desired 
to pay the same Accordingly. \_Passed November 15. 



Legislative 
Records ot the 
Council, xii., 
79^ 

House Jour- 
nal, p. 41 
(June); pp. 0, 
10. Province 
Laws, ix., iitio, 
chap. 114. 



CHAPTER 268. 

RESOLVE ON PETITION OF Y^ TOWN OF BARRING'^n jj^ REGARD TO 
TAXES OF LANDS OF INHABITANTS OF REHOBOTH. 

A Petition of Josiah Torry Agent for the Town of Harrington 
Shewing that the Medow Lands in the said Township are In Part 
owned by the Inhabitants of Rehoboth, and being taxed by the Assess- 
ors of Barrington the proprieters Refuse to Pay the said Taxes Pre- 
tending an Agreement between Rehoboth & the town of Swansey (of 
which Barrington was Lately a Part) which exempts them from the said 
taxes & that by their Refusal the town of Barrington as well as their 
Constables ly under great Inconviences & therefore Praying that this 
Court would enable the Constable of the town of Barrington to Receive 
of the Said Proprieters the arrears of Rates Due from them & their 
Propoition of other taxes for the future 

Read & In Answer to this Petition 

Resolved that all the Lands and Meadows lying & Being within the 
township of Barrington be Henceforward Assess'd to all Rates & taxes 
whatsoever in Barrington only and that all the Lands and Meadows 
Lying & being within the Township of Rehoboth be henceforward 
Assess'd In all Rates & Taxes whatsoever in the said town of Reho- 
both only. Any Law Usage or Custom to the Contrary Notwithstanding. 
\_Passed November 15. 



[3d Sess.] Province Laws {Resolves, etc.). — 1723-24. 375 



CHAPTER 269. 

ORDER ON JOS' MILLERS PETITION IN REGARD TO PROCEEDINGS ON 

A RECOGNIZANCE. 

A Petition of Joseph Miller of Springfield Shewing that he had Rgfords^of the 
Recognized in the sum of Fifty Pounds to Appear as a Witness for council, xii., 

the King at a Court of Assize & General Goal Delivery held for the ^^ 

County of Hampshire In the Year 1721 & through his Ignorance & House Jour- 

' o o nal, p. lo. 

Mistake he made Default of Appearence so thnt a Writ of Scire facias 
is Issued out Against him on his Said Recognizance but Judgement not 
Yet Rendred, And Praying that the Proceedings against him upon the 
said Recognizance may be Staid &i Declared to be Null & Void 

Read & 

Ordered that the Prayer of this Petition be granted. \^Passed 
November 16. 



CHAPTEE 270. 

ORDER ON REPORT FOR REMOVING SUDBURY MEETING HOUSE. 

In Obediance to the order of the great & General Court Bearing Date Legislative 
August 1723 The Committee appointed to Repair to the east Precinct In couut^f x'li*/^^ 

sudbury. To Consider & Report whither it will be most reasonable to ^o^ 

remove the Meeting House There, and to What Place. If it be removed, House Jour- 
or Whether the Farmers Petitioners ought to be taken from Sudbury & "n^efpl'sag, 
Put to Natick Having View'd the Said Precinct & Maturely Con- chap- 149- 

sidered the Circumstances of the Avhole Town with regard to the sup- 
port of both ministers out of a Joint Stock & the Accomodations both 
of the farmers & the major Part of y* East Precinct, Are Humbly of 
Opinion That the said Meeting House be removed about a Mile South 
east from the Place where it now stands, to the Land of M"" James Ross 
& to be Placed as Nigh to the Meeting of the four Roads as the ground 
will admit, and In Consideration of the Great Expeuce the Town have 
been at In Building a Meeting House on the Westerly Side of the river 
are further of opinion that the town be allowed the space of eighteen 
Months to Compleat the said work 

In Council Read & 

Ordered that this Report be Accepted & that the east meeting house 
in Sudbury be removed Accordingly 

In the House of Represent' Read & Concurd & And^ that the town 
of Sudbury shall Paj' the Whole Charge that shall Arise In Removing 
the meeting House : togather with the sum of Seven Pounds seventeen 
shillings & nine Pence to the Committee for their Time & Expence 

In Council Read &, Concurd. \_Passed Xovemher 16. 



CHAPTEE 271. 

RESOLVE DISCHARGING JOS" KELLOGS ACC" OF £",0 ADVANCED TO HIM. 

An Accompt of Joseph Kellog for Disburstments on the Indian Dele- Legislative 
gates in their Return to Albany Amounting to the sum of £50 So much coimcff xu!'^*' 
being Advanced to him at the Last Session for that Use 82. 

> Sic. 



376 



Province Laavs {Eesolves, etc.). — 1723-24. [Chaps. 272-274.] 



House Jour- 
nal, p. 14. 
Ante, p. 361, 
chap. 22.5. 
Infra, chap. 
272. 



Read & 

Resolved that the within Aecompt be Accepted, & that the within 
Named Joseph Kellog be »& hereby is Discharged from Rendering any 
fnrther Aecompt of the fifty Pounds Advanced to him the nineteenth 
Day of Sepf Past for Defraying the Charges of the Delegates In their 
Return Home. [^Passed November 19. 



Legislative 
Kecords ot the 
Council, xii., 

82. 

House Jour, 
nal, p. 14. 
Supra, chap. 
271. 



Legislative 
Records of the 
Council, xii., 
83^ 

House Jour- 
nal, p. 17. 
Ante, p. 365, 
chap. 235. 



CHAPTEE 272. 

RESOLVE ALLOWING £10 TO DANIEL BAGG ON JOS'^ KELLOGS ACC" OF 

DISBURSE. 

An Accompt of Joseph Kellog of the Charge of Hiring Horses &c 
for the Indian Delegates In their Journey Amounting to the sum of 
£10.1 

[Read and] 

ResoUied that the sum of Ten Pounds ^ be Allowed & Paid out of the 
Publick Treasury to M"" Daniel Bagg to be by him Repaid to the Several 
Persons to whome it is Due. as Inserted in the within Accompt. \_Passed 
November 19. 



CHAPTER 273. 

RESOLVE ALLOWING £5. Lt TO PHILIP MAC CANTIRE. 

A Petition of Philip Mac Cantire Shewing that by Mistake he was 
Left out of Lieu' William Hiltons Muster Roll. Though there is Due to 
him for his Service under the said Hilton the sum of five Pounds fifteen 
Shillings. Praying that the said sum may be Allowed to him 

Read & 

Resolved that the sum of five Pounds fifteen Shillings be Allowed & 
Paid out of the Publick Treasury to the Petitioner Philip Mac Cantire 
in full for his Service as a Soldier from the Second of Febu^ to the 29"*^ 
of April being Omitted In the Last Muster Roll of Lieu' William Hilton. 
\_Passed November 19. 



CHAPTER 274. 



ORDER ALLOWING ACC OF THE CO'' TREASURER OF BRISTOL. 



Legislative 
Records of the 
Council, xii., 
83. 



An Accompt of Nath' Payne Esq"" Treasurer of the County of 
Bristol Ending Octo' 9* 1723 Having been Inspected by y" Court of 
General Sessions of the Peace for the said County & by them Pass'd 
& Allowed 

Read & 

Ordered that this Accompt be Allowed.^ \_Passed November 19. 

1 The House Journal adds, " and an Accompt of Charge of Timothy Dtcight for his 
Attendance on the Delegstes." 

2 The House Joiirnal reads, £10. 6. 6. 

» The House Journal reads, "the Twenty-third oi April." 
■• Not in the House Journal. 



[3d Sess.] Province Laws (liesolues, etc.). — 1723-24. 377 



CHAPTEK 275. 

RESOLVE ALLOAVING £20 TO M« HUGH HENRY AS MINISTER OF SCAR- 
BOKO. 

A Petition of M^ Hugh Henery Praying some Consideration from Legislative 
this Court for his Service as Minister of the Town of Searbro The coundrxu^''^ 
garrison Soldiers there having had the Benefit thereof. And the In- 84. 
habitants being so Reduced by the war that they are not Capable of House Jour- 
Supporting him '^'^^' i^- ^'*- 

Read & 

Resolved that In Consideration of the p[r]esent Indian War, which 
has Reduced the Inhabitants of Scarboro to Low Circumstances & 
their willingness to Support the gospel Ministry amoung them so far 
as they are able & further to Encourage in so good a Design. The sum 
of twenty Pounds be Allow'd & Paid out of the Publick Treasury to 
M"" Hugh Henery In Answer to his Memorial. \^Passed November 20. 



CHAPTER 276. 

RESOLVE ON DIGHTON PETITION IN REGARD TO THE TOWN BOUNDS. 

On the petition of Edward Shove for the town of Di";hton Tin regard Legislative 

4. 4.1 J. 1 1 -\ o L & Recoi-ds of the 

to the town bounds] Council, xii., 

A Hearing having been Yesterday had before the Whole Court on '^ . 

this Petition Legislative 

Resolved that the Prayer thereof be so far granted, that the survey councir, xii.,' 
return'd by Sam" Thaxter Esq"" and Others (a Committee of this Court) ^ouruarj 22 
and Accepted be not Deemed or Look'd upon as the Definitive or the Aide, p. 353, 
Determined bounds of the town of Dighton or any other Township ^'^'''i'- ^'^'■ 
therein Concern'd nor to Effect the Propriety of the Lands of either 
of the said towns or Particular persons ; Saving also the right of the 
province to the Gore or outlet Survey'd &c or any Part thereof. If the 
same have not been well & Legally Granted by this Court or the Gen- 
eral Court of Plymouth. [^Passed November 21. 



CHAPTER 277. 

RESOLVE AS TO ESTABLISHMENT OF WAGES SUBSISTANCE HORSE HIRE 
& FORRAGE FOR TROOPERS. 

Resolved that there be Allowed & Paid out of the publick Treasury Legislative 
to every Captain of a Troop in the Service of the Province, for hfs coundf xii**^* 
w^ages, one Pound fifteen Shillings, for his Subsistance five Shillings; 86. 
for his horse three shillings & Six Pence for keeping his horse three House .Jour. 
Shillings & Six Pence p^ w^eek ; wiiich is in the Whole two Pounds ^^^' P* ^^• 
Seven Shillings P' week ; to a Lieutenant for his wages one Pound, for 
Subsistance Horse & Pasturing twelve Shillings, Being in the whole 
one Pound twelve Shillings per week ; to a Cornet for Wages Subsist- 
ance. Horse & Pasturing one Pound nine Shillings & Six Pence Per 
week, To a Quarter master for Wages Subsistance Horse & Pasturing. 



378 



Province Laws (Besohes, etc.). — 1723-24:. [Chaps. 278,279.] 



Legislative 
Records of the 
Council, xii., 
86. 

House Jour- 
nal, p. 17. 



one Pound seven Shillings P'' week. To a Clerk Corporal & Trumpeter 
each one Pound four Shillings Per Week, to each Centinal one Pound 
two Shillings P' week. IFassed November 22. 



CHAPTER 278. 

ORDER IMPOWERING DEBORAH NICKERSON AND HER BROTHER TO ACT 
AS ATTORNEYS FOR THE ESTATE OF HER HUSBAND. 

A Petition of Deborah Nickerson of Harwich. Shewing that her 
Husband Nicholas Nikerson had the Misfortune to be taken by the 
Pyrates in June 1722 & not since heard of, that there are Considerable 
Debts Due to the estate of her Said Husband & other Debts owing out 
of the said p]state to Sundry Persons, Whome She is Desirous to have 
Satisfyed in their Just Demands & therefore Praying that She with her 
Brother Ebenezer Nickerson may be appointed Attorneys to her said 
Husband & Impower'd to Demand & Receive what is Due to the said 
Estate & Pay what is Due from it 

Read & 

Ordered that the Petitioner Deborah Nickerson with the Aforesaid 
Ebenezer Ebenezer ^ Nickerson be & hereby ai-e Authorised & Impowred 
to Demand Recover & Receive any Sum or Sums of money that may 
be Due from any Person or Persons to the said Nicholas Nickerson and 
also that the said Attorneys shall be Obliged to pay an}' Just Debts 
that may be Due from the said Nicholas Nickerson so far as his Estate 
may be Sufficient to Respond the same. «&; take & Give Proper Dis- 
charges In the Law till his Return or that Account ma}' be had of his 
Death, any Law Usage or Custom to the Contrary Notwithstanding. 
\_Passed November 22. 



CHAPTER 279. 



RESOLVE ON PETITION OF THE SELECT MEN OF SCARBOROUGH 
REGARD TO SUPPORT OF THE MINISTRY. 



IN 



Legislative 
Records of the 
Council, xii., 

87. 

House Jour- 
nal, p. 45 
(June) ; p. 19. 
Ante, p. 377, 
chap. 275. 



A Petition of the Select men of the Town of Scarborough Shewing 
that the Inhabitants of the said Town are much Impoverish'd by the 
war & not Capable of supporting the Minister they have among them 
without some Relief & Assistance from the Goverm' And therefore 
Praying this Court would Impower them to Lay a tax of three pence 
or four Pence an Acre on all the Lands in the said Town. 

Read & 

Resolved that the Select men of the Town of Scarborough be & 
hereby are Authorized & Impowered to Assess &, Lay a Tax of four 
Pence per Acre Per Anuin on all Salt Marsh other Meadow & Improved 
Land Lying & Being in the Township of Scarborough, belonging either 
to the Residents or Non Residents thereon for the term of seven Years 
next ensuing for the vSupport & Maintenance of the ministry there. 
Any Law Usage or Custom to the Contrary Notwithstanding. And that 
the Petitioners be enabled to bring In a Bill Accordingly. \_Passed 
November 22. 

1 Sic. 



[3d Sess.] Provixck Laws (Besolve.s, etc.). — 1723-24:. 379 



CHAPTER 280. 

ORDER ON THE PETITION OF THE SELECTMEN OF LIECESTER IN RE- 
GARD TO SUPPORT OF THE MINISTRY. 

A Petition of John Menzios & others Select Men of the Town of ■^««^^'f"\?M 

,. , iTii- /•! -li ii Records or the 

Leicester. Sliewing that the Inhabitants ot the said town are put to council, xii., 
Difficulty as to the Support of the Ministry among them. Having had ^'^• 



but Little Assistance from the Proprieters. who held Considerable Tract ^^^^^^ 'I^^^' 
of unimproved Lands, Which Licreases in its Value by the Settlement 
of a Minister, and therefore Praying that they may be Impowred to 
Assess & Levey a Tax of one half Penny Per Acre on all the Lands 
within the said Township to be Employed, for the Support of the 
Ministry Among them 

Read^& 

Ordered that the Select Men of the Town of Leicester Shall be & 
hereby are Impowred to Levy a Tax of one half Penny per Acre pr. 
Annum on all the Lands within the Township for the term of three 
years the present Year Included for Defraying the Minesterial Charge 
in the said town. [^Passed November 22. 



CHAPTER 281. 

RESOLVE ALLOWING £5 TO HUGH PIKE. 

A Petition of Hugh Pike. Shewing that he has no Prospect of being Legislative 
Cured of Wounds he Rec*^ in the service against the Indian Enemy & couSxU^!"^ 

is not Capable of working for the support of himself & family, and §8^ 

therefore Praying that the Court would grant him some further Allow- House .Jour- 
ance the Last being Five Pounds Less than he has Usually had ^^/^^ p {25 

Read & 'j'^l^'i ''ilia ' 

Resolved that the Sum of five Pounds be Allowed & Paid out of the 26. ' ^ ^^^' 

Publick Treasury to the Petitioner Hugh Pike in Answer to his Petition. 

\_Passed Nmjember 22. 



CHAPTER 282. 

RESOLVE ALLOAVING £6 TO THO^ HOLT AND £1 TO JOSEPH LIVERMORE. 

A Petition of Thomas Holt Praying an Allowance for Damage Done Legislative 
to one of his Horses impress'd in "the Publick Service Coundi^, xii!f® 

Read & 8^- 

' Resolved that the Sum of Six Pounds be Allowed & Paid out of the House Jour- 
Publick Treasury Treasury ^ to the Petitioner Tho^ Holt. Three Pounds '^^I'l^-^S- 
Whereof is for Damage Done to his horse and that the sum of twenty 
Shillings be further Allowed & Paid out of the Publick Treasury to 
M'' Joseph Livermore for Keeping the said Horse & is in Answer to 
the said Petition, [^Passed November 22. 

1 Sic. 



380 



Province Lia^vs (liesolves, etc.) . — ^1723-24. [Chaps. 283-286.] 



CHAPTER 283. 



RESOLVE ALLOWING £37. 15 TO CAP'' JOHN ASHLEY. 



Legislative 
Records of the 
Couucil, xii., 

House .Jour- 
nal, p. 23. 



Ak Accompt Signed Johu Ashley of Divers sums Due to several 
Persons in the County of Hampshire for Horse Hire. Expenees on the 
Delegats &c amounting to the sum of £41. 1. 6. 

[Read, Accepted and] 

Resolved that the sum of thirty Seven Pounds fifteen Shillings be 
Allowed & Paid out of the Publick Treasury to the Accomptant John 
Ashley In full Discharge of this Accompt Agreeable to the report of 
the Committee thereon. [Passed November 22. 



Legislative 
Records of the 
Council, xii., 
89. 

House .Jour- 
nal, p. 21. 



CHAPTER 284. 

RESOLVE ALLOWING £8. 12 IN DISCHARGE OF EBEN^ POMROYS ACCO^^. 

An Accompt of Cap* Ebenezer Pomroy for Horse Hire Ferryage &c 
of Troopers in the publick Service Amount^ to the sum of £8. 12. 

[Read, Accepted and] 

Resolved that the sum of Eight Pounds twelve Shillings be allowed 
& Paid out of the Publick Treasury to John Stoddard Esq' to be by 
him repaid to the several Persons to Whom the same is Respectively 
Due as by the Avithin Accompt In full Discharge thereof. \_Passed 
November 22. 



CHAPTER 285. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF JOHN TAP- 
PAN MASTER OF SLOOP ENDEAVOUR. 



Legislative 
Records of the 
Council, xii., 



House Jour- 
nal, p. 8. 
Ante, p. 372, 
chap. 200. 



A Muster Roll presented by John Tappan Master of the Sloop 
Endeavour Contaning an Accompt of wages Due to the Officers & 
Seamen belonging to the said Sloop from June 15"' to Octo" 2^^ 1723 
and the Hire of the said Sloop the said time amount^ to the sum of 
£201. 7. 6. 

Read [Accepted] & 

Resolved that the sum of two hundred & one Pounds seven Shillings 
& Six Pence be Allowed & Paid out of the Publick Treasury unto M' 
John Tappan the Officers & Sailors Born on the within muster Roll In 
full Discharge thereof. \_Passed November 22. 



CHAPTER 286. 



Legislative 
Records of the 
Council, xii., 
90. 

House .Jour- 
nal, pp. 16, 23. 



RESOLVE ALLOWING £65. 11. G TO CApr JN" ASHLEY. 

An Accompt Presented by John Ashley Esq"" of sundry Charges & 
Disburstments on the Forces & others In the County of Hampshire 
advanced for his Majesties Service Amounting to the Sum of £68. 
15. 8. 

[Read, Accepted And] 



[3d Sess.] Province Laws {Resolves, etc.). — 1723-24. 381 

Resolved that the sum of Sixty five Pounds eleven shillings «fe Six 
Pence be Allowed & Paid out of y" Publick Treasury to the accompt- 
ant John Ashlej^ In full Discharge of this Accompt, agreeable to the 
Committee's Report. \_Passed November 23. 



CHAPTER 287. 

RESOLVE ALLOWING 35/. TO BENJ-^ STONE. 



An Accompt of Benjamin Stone for Impressing Horses & other Ser- Legislative 
vices for the Publick amounting to the sum of £3. Councff xiV"*^ 

[Read, and] 90. ' " 

Resolced that the sum of thirty five shillings be allowed & Paid out House Jour- 
of the Publick Treas^' to the accomptant Benj'^ Stone in full Discharge ^^^' ^'' ^' 
thereof Fifteen Shillings being Deducted for Horse Hire & Ten Shil- 
lings for Impressing the Horses. \_Passed November 23. 



CHAPTER 288. 

RESOLVE ALLOWING £6. 2. 6 TO JOHN GOUGE. 

An Accompt presented by Jn° Gouge of Wages Due to him for Ser- Legislative 
vice as Commissary of the Eastern forces to the time of his Dismission coundf %\^^ 
and of Disburstments of sundrys for the Publick Service 90- 

[Read, accepted and] House Jour- 

Resolved that the Sum of Six Pounds two Shillings & Six Pence be '''''^' ^'^'- ^^' '*• 
allowed & Paid out of the Publick Treasury to M"" John Gouge In full 
Discharge & Satisfaction of the within Accompt. [Passed November 23. 



CHAPTER 289. 

RESOLVE ALLOWING £6 TO JN" HOW. 



An Accompt presented by John How of Wages Due to him Self & Legislative 
Sundry others for Guarding ColP John Schuyler from Marlboro to councfi' xu'I"^ 
Brookfield three Days amounting to the sum of £6. ^}i 

[Read accepted audi House .Jour- 

nil 11 ""^S 

Resolced that the sum of six'^ Pounds be allowed & Paid out of the ' '^" ' 
publick Treasury to the accomptant John How In full Discharge of the 
above Accompt. \_Passed November 25. 



CHAPTER 290. 

RESOLVE ALLOWING £33. 7 TO BART^ GREEN & SAJVIi-i- KNEELAND. 

An Accompt of Bartholemew Green & Sam" Kneeland for Print- Legislative 
ing the Votes of the Represent' at the Last Session held the 8"" of councif, xa*!"^ 
August 1723 Amounting to the sum of £33. 7. ^i- ' 



1 The House Journal reads, £6. 0. 5. 



382 



Province 'Laws {Resolves, etc.) . — 1723-24. [Chaps. 2!»1-293.]' 



House Jour- 
nal, p. 24. 



[Read, And] 

Resolved that the sum of thirty three Pounds & Seven Shillings be 
Allowed & Paid out of the Publick Treasury to the Aceoniptants Bar- 
tholemew Green & Sam" Kneeland In full Discharge of the Above 
Accompt. \_Passed Novetnber 25. 



CHAPTEK 291 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GARRISON 

AT CASTLE WILLIAM. 



Legislative 
Records of the 
Couucil, xii., 
92. 

House Jour- 
nal, p. 25. 



A Muster Roll of the garrison in his Majesties Service at Castle 
William under the Command of the Honb'*" William Dummer Esq"^ Con- 
taning an Ace' of wages Due to them for their Service from April 1** 
1723 to Sep' 15"' following Amounting to the sum of £352. 11.7. 

[Read, accepted and] 

Resolved that the sum of three hundred fifty two Pounds eleven shil- 
lings «fe Seven Pence be Allowed & Paid out of the Publick Treasury 
to the Honb' William Dummer Esq"' & the other officers & the Soldiers 
born on this Roll In full Discharge thereof. [_Passed November 25. 



CHAPTER 292 



RESOLVE ALLOWING PAYMENT OF LEIU'^ BENJ'' LARRABEES MUSTER 

ROLL. 



Legislative 
Records of the 
Couucil, xii., 
92. 

House Jour- 
nal, p. 26. 



A Muster Roll of the Company In his Majesties Service Eastward 
under the Command of Lieu' Benj'^ Larrabee Contaning an Ace" of 
Wages Due to them for their Service from the 2'^ of Sep" 1723 to the 
23'^ of Octo'^ following Amounting to the sum of £145. 15. 4. 

[Read, accepted and] 

Resolved that the sum of one hundred & forty five Pounds fifteen 
Shillings & four Pence be allowed & Paid out of the Publick Treasury 
to the said Benjamin Larrabee and the other officers «fc the Soldiers born 
on the within Roll In full Discharge thereof. \_Passed November 25. 



CHAPTER 293. 



RESOLVE ALLOWING PAYMENT ON CAP^ JACOB TILTONS MUSTER ROLL. 



Legislative 
Records of the 
Council, xii., 
92. 

House Jour- 
nal, p. 25. 



A Muster Roll of the Company in his Majesties Service Eastward 
under the Command of Cap' Jacob Tilton Contaning an Accompt of 
wages Due to them for their Service from Aug"' 19"' 1723 to the 15"' of 
Novem'' following Amounting to the sum of £203. 15. 4. 

[Read, accepted and] 

Resolved that the sum of one hundred Ninety Seven Pounds fifteen 
Shillings & four Pence be allowed & Paid out of the Publick Treasury 
To the Said Cap' Jacob Tilton & tlie other officers & Soldiers born on 
the within Roll In full Discharge thereof. [^Passed November 25. 



[3d Sess.] Province Laws (Besolves, etc.). — 1723-24=. 383 



CHAPTER 294. 

RESOLVE ALLOWING PAYMENT OF CAP'^ SAMUEL WHEELWRIGHTS 

MUSTEK ROLL. 

A Muster Roll of the Compaii}' in his Majesties Service Eastw*^ Kwon^'of th 
under the Command of Cap' Samuel Wheelwright Contaning an Ac- Council, xii., 

compt of Wages Due to them for their Said service from the 2"^ of — 

august 1723 to the 22^^ of October, Amounting to the Sum of £278. 3. 2. House Jour- 

[Read, accepted andj 

Resolved that the sum of two huud""*^ & Seventy eight Pounds three 
shillings & two pence be allowed & Paid out of the publick Treasury to 
the said vSamuel Wheelwright and the Officers & Soldiers Born on the 
within Muster Roll. In full Discharge of the wages thereof. \_Passed 
November 26. 



CHAPTER 295. 

ORDER FOR KEEPING JOHN MICHAEL KENT IN CONFINEMENT, ON A 
CHARGE OF FORGERY UNTIL THE NEXT SESSION OF THE COURT 
OF ASSIZE AND GAOL DELIVERY FOR SUFFOLK COUNTY. 

Whereas by the good Providence of god a Discovery has Been made Legislative 
of Near four hundred Couutertit Bills in Imitation of the Ten Shilling coundf, xii"'^ 
Bills of this Province. And John Michael Kent is now in the Common ^^'3. 
Goal in Boston on Suspicion of and Charged with the Forging or Utter- House Jour- 
ing the said Bill (the same being found upon him) & Ought to be brought ^^^' ^' ^^' 
upon his Tryall. for the same as soon as may. and the rather because 
John Dysert (one of the principal AVitnesses) is bound to Sea. and 
Whereas the Superiour Court of Judicature Court of Assize & Gen- 
eral Goal Deliver}' for the County of Suffolk are under an Adjourn- 
ment to Sit on tuesday the third day of December next ; But for as 
much as the Said Court have Dismiss'd the grand Jury that were Sum- 
mon'd to Attend the said Court. So that the said John Michael Kent 
Cannot be Brought to his Tryall without Summoning a Grand Jury 
for that Purpose 

Ordered that the Sheriff of the County of Suffolk be Directed to keep 
the Prisoner under Strict Continement according to the nature of the 
Crime for which he Stands Committed And that the Witness or Wit- 
nesses be Kept & Retaiu'd at the Charge of the Province till the next 
Court of Assize & General Goal Delivery for the County of Suffolk. 
\_Passed November 26. 



CHAPTER 296. 

RESOLVE ALLOWING 23/. TO JN^ HUGGIN. 



An Accompt of John Huggin of his time & Expence In Going Ex- LegisiaUve 
press by order of the Goveriii' Certified by Coll" Sam" Partridge coimcif,xn*^^ 

[Read, and] 04. 

Resolved that y'' Sum of twenty three Shillings be Allowed & Paid House Jour- 
out of the Publick Treasury to the Accomptant John Huggin In full "•'*>. P- 26- 
Discharge of the within Ace". \_Passed November 26. 



384 



Province Laws (Besolves, etc.). — 1723-24:. [Chaps. 297-299.] 



Legislative 
Records of the 
Council, xii., 
94. 

House Jour- 
nal, p. 59 (Jan., 
1722) ; p. 69 
(Sept., 1723) ; 
p. 27. Ante, 
p. 258, chap. 293. 



CHAPTEK 297. 

RESOLVE ALLOWING THE WAGES OF CAP^ EDMUND WARD. 

A Petition of Cap' Edmund "Ward Shewing that Whereas his wages 
In his Muster Roll Pass'd at the Session held Nov'' 15"" 1722 were 
Stop'd in the Treasury upon the Account of Several Inhabitants of 
the County of York being in his Muster Roll, The most of y'' Said 
men were taken into his Company by orders from his Superiour Offi- 
cers, and the others such as were Driven from their Settlem'' by the 
War and therefore Praying that his said Wages Amounting to the sum 
of thirty four Pounds ten Shillings may be allowed & Paid to him out 
of the Treasury. Notwithstanding their being Stop'd, as aforesaid 

Read & 

Resolved that the Prayer of the Petition be Granted And that the 
Treasurer be Directed to Pay the Petitioner his Wages Accordingly. 
[Passed November 26. 



CHAPTER 298 



Xiegislative 
Records of the 
Council, xii., 
94^ 

House Jour- 
nal, p. 18. 



RESOLVE ALLOWING £6 TO DANIEL BAG. 

An Accompt of Daniel Bag for his time & Expence in going to 
Albany with ColP John Schuyler Amounting to the sum of £6. 

[Read, and] 

Resolved that the Sum of Six Pounds be allowed & Paid out of the 
Publick Treasury To M"" Daniel Bag in full Discharge of the Above 
Accompt. \_Passed November 26. 



CHAPTER 299. 



Legislative 
Records of the 
Council, xii., 
95. 

Legislative 
Records of the 
Council, xii., 
77. House 
Journal, p. 26. 
Infra, chap. 
300. 



RESOLVE ACCEPTING THE REPORT OF THE COMM"'^'' FOR BURNING 
TORN & DEFACED BILLS. 

In Obediance to the Order of the General Court at their Present 
Session Appointing us the Subscribers a Committee to take an Accompt 
of Province Bills of Credit that are torn & Defaced 

We have accordingly Received of M'' Treasurer Allen the Several 
Bills of the Denomination in the above Accompt amount^ to the sum 
of Six thousand Nine hundred thirty Six Pounds Ten Shillings & 
Six Pence at their Express Value ; all which Bills we have Burned to 
Ashes Whereof £1,474. 5. 11 Part of the abovs*^ Sum was Deliver'd 
us on the Accompt of the £50,000-Loan Neet Bills Received of the 
Trustees Mentioned on the other Side Also £5,462. 4. 7 Part of the 
Above Sum was Delivered upon Acco" of the province as being Rec** 
for taxes Impost & Excise Which with the 5 Per Cent Advance as 
they were taken into the Treasury Amount to the sum of £5,735. 6. 
10 Making in the Whole Seven thousand two hundred & Nine Pounds 
twelve Shillings & Nine Pence As Witness our hands this 22*^ of Nov"" 
1723 

Jonas Bond 

Peter Os(;ood 

Henry Phillips 

Joseph AVhite 

Spencer Phips 

EzEKiEL Lewis 



John Pynchon 
Edward White 
Penn Townsend 
Benj"^ Lynde 
Tho^ Hutchinson 
Edmund Quincy 



[3d Sess.] Province Laws {Resolves, etc.). — 1723-24. 385 

Read & Accepted & 

Resolved that M'' Treasurer Allen be Discharged from the sum of 
Sevea thousand two hundred & Nine Founds twelve Shillings & Nine 
Pence Accordingly. {^Passed November 26. 



CHAPTER 300. 

RESOLVE ACCEPTING THE COMM"s REPORT OF BURNING BILLS SIGNED 

BY THREE HANDS. 

In' Obediance to an order of the Great & General Court at their Legislative 
Present Session Appointing us the Subscribers a Committee to take an counc^f, xH*.^^ 
iiccompt of Province Bills of Credit that are torn & Defaced '^ 

We have Accordingly Received of M"" Treasurer Allen the Bills of House Jour- 
the Denomination In the Above Accompt Amounting to the sum of "s^tpra, ciiap. 
Nine hundred & Eighty Pounds thirteen Shillings & Six Pence on 29'J. 
Accompt of the Canada Loan & Caused the same to be burnt to Ashes 
as Witness our hands this 22"^ of Nov"^ 1 723 

Jonas Bond John Pynchon 

Peter Osgood Ew" White 

Henry Phillips Penn Townsend 

Joseph White Benj'*^ Lynde 

Spencer Phips Tho^ HrTCHiNSON 

Ezekiel Lewis Edmund Quincy 

Read & Accepted & 

Resolved that M"" Treasurer Allen be Discharged of the Sum of Nine 
hundred & eighty Pounds thirteen Shillings & Six Pence Accordingly. 
\_Passed November 26. 



CHAPTER 301. 

RESOLVE ALLOWING £4 TO JN^ GREEN. 



An Accompt presented by John Green of his time & Expence in Legislative 
going Express from Boston to Hatfield by order of the Govermeut councff xu"^^ 
Amounting to the sum of £4. 18. 97. 

[Read, and] HouseJour- 

Resolved that the sum of four pounds be Allowed & Paid out of the ^^'-p-^s- 
publick Treasury to John Green the Accomptant In full Discharge of 
this Accompt. \_Passed December 3. 



CHAPTER 302. 

RESOLVE ALLOWING PAYMENT OF WAGES OF L^ GEORGE ALLEN. 

A Petition of Lieut' George Allen praying that his wages in Cap' Legislative 
Heaths Muster Roll stop'd In the Treasury on the Account of his council^ xii., 

Absence from his Post, may be paid to him he being then Detained in ?!l 

Boston by the order's of the Captain general & not by an}' private Affairs House Jour- 
of his own : the sum of the said Wages being Sixteen Pounds fourteen i?2'i)^'p?28.'*°"' 
Shillings & two Pence 

Read & 

Resolved that the prayer of this Petition be granted. [^Passed 
December 3. 



386 



Province IJA^Y>i {Resolves, etc.). — 1723-24.. [Chaps. 303-306.] 



Legislative 
Records of the 
Council, xii., 

98^ 

House Jour, 
nal, p. 31. 



CHAPTER 303. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y^ SLOOP 
GEORGE DAVID FRANKLYN MASTER. 

A Muster Roll of the Sloop George David Franklj^n Master Con- 
taning an Ace" of wages Due to the said Master & Company for thier 
service & for the Hire of the said Sloop from the fifth of may 1723 to 
the Second of Novem'' following Amounting to the sum of £194. 19. 3. 

[Read, accepted and] 

Resolved that the sum of one hundred & Ninety four Pounds nineteen 
shillings & three pence be Allowed & Paid out of the publick Treasury 
to the said David P^ranklyn and the Men born on this Muster Roll in 
full Discharge of the wages & Sloop Hire therein Mentiou'd. [^Passed 
December 3. 



CHAPTER 304. 

Legislative VOTE FOR A BILL ABOUT SPEECIAL COURTS OF ASSIZE &c. 

Records of the 
Council, xii., 

^ Voted that a bill be prepared in Addition to the Act for Holding 

House Jour- Special Courts of Assize & General Goal Delivery made in the twelfth 
Province' Year of the Reign of her late Majestic Queen Ann to Extend to all 

^imT'5 ■' ™' Capital Offenders. \_Passed December 4. 



CHAPTER 305. 



RESOLVE ALLOWING £2. 5 TO COLL" JOHN DENISON. 



Legislative 
Records of the 
Council, xii., 
99. 

House Jour- 
nal, p. 31. 



An Accompt. presented by Coll° John Denison for Subsisting Sol- 
diers Impress'd In June Last & Conducting them to Salem 

[Read, accepted and] 

Resolved that the sum of two Pounds & five shillings be allowed & 
Paid out of the publick Treasury to Coll° John Denison in full Dis- 
charge of this Accompt. \_Passed December 5. 



CHAPTER 306. 



ORDER FOR ADJON'' OF THE COURTS IN MIDDLESEX. 



Legislative 
Records of the 
Council, xii., 
100. 

House .Jour- 
nal, p. 34. 
Province 
Laws, i., ,3fi9, 
chap. 2. 



"Whereas the Court of General Sessions of the Peace & Inferiour 
Court of Common Pleas for the County of Middlesex are appointed 
by Law to be Held at Charlestown in the Said County on the Second 
Tuesday of December Instant, & Several Justices of the said Court 
& others Concerned are Members of this Court 

Resolved that In Consideration of the present Sitting of the General 
Court the said Court of General Sessions of the Peace & Inferiour Court 
of Common Pleas be and hereby are Adjourned to the fourth tuesday 
of this Instant December any Law Usage or Custom to the Contrary 
Notwithstanding. \_Passed December 6. 



[3d Sess.] Province Laws {Resolves, etc.). — 1723-24:. 387 



CHAPTER 307. Sr^the 

Couucil, xii., 
100. 



RESOLVE ACCEPTING THE REPORT OF INSTRUCTIONS TO THE AGENTS, jj^^^^^ 

Archives, XX., 

The Report of the Committee of Both Houses of Instructions^ to J|^^; R^^frds " 
be giviu by this Court to the agent or Agents of this Province to be of the Council, 
Employed at the Court of great Brittian In Defence of the Charter i2,j:i,iiiris,J5, 

Rpqr] .e. 70 ?*is, 77, 81, 85, 

Ordered that this Report of Instructions be Accepted with the Amend- liousV .lour- 
ments. \_Passed December 6. ""ej v/s.^io,' li, 

12, 13,' 14, 15, 16, 
22, 24, 32, 34, 35. 



CHAPTER 308. 

RESOLVE ALLOWING £42 FOR THEOPHILUS PICKERING, MINISTER AT 

TIVERTON. 

A Memorial of Edward Bromfield Esq"" & others appointed by an Legislative 
order of the Court to provide a Learned Orthodox Minister for the counc*if,xii!!*® 
Town of Tiverton. Shewing that M' Theophihis Pickering Has Offici- w^- 
ated In that work the Last Year & has Received only Thirty Pounds House Jour- 
out of the publick Treasury & Proposing that the Remainder of his Ayite'/v^m, 
Years Allowance may be Granted to him & Desiring further Direc- chap. 78. 
tions to the Memorialists for Providing a Minister to preach there 

Read & 

Resolved, that the Sum of forty two Pounds be allowed & Paid out 
of the Publick Treasury to the said Committee for the Use of the said 
M' Theophilus Pickering for his work in the Ministry in the town of 
Tiverton And further that it be Recomended to the said Committee 
Still to take Effectual Care that the said Town be furnished with a 
Learned Orthodox Minister Pursuant to the aforesaid vote of June 
21"".^ [Passed December 6. 



CHAPTER 309. 

RESOLVE ALLOWING £5 BESIDES £5 PER ANNUM TO W* RUTTER. 

A Petition of William Rutter a Soldier In his Majesties Service Legislative 
Praying Some Allowance from this Court for a wound he Received council^ xii!|** 

in the service, AVhereby he has been put to Charge & is much Disabled }^ 

[Read, accepted and] House Jour- 

Resolved that the sum of five Pounds be allowed & Paid out of the "'^ ' p- • 
publick Treasury to the Petitioner in Consideration of his Wounds 
Mention'd in his Petition & the Like Sum of Five Pounds be further 
allowed & Paid out of the Publick Treasury Annually to the Petitioner 
William Rutter Till the further order of this Court. \_Passed Decem- 
ber 6. 

• No copy of the instructions has been found. 

' A mistake for the 28"'. See Legislative Records of the Council, xi., 579; State 
Library copy, ibid., xi., 522; House Journal, p. 59 (June). 



388 



PiiOviNCE LiAv.'S (^Iiesolves,e(c.). — 1723-24. [Chaps. 310-313.] 



CHAPTER 310 



Legislative 
Records of the 
Couucil, xii., 
101. 

House Jour- 
nal, p. 33. 



RESOLVE ALLOWING 31/ 6 TO EDW" WATT. 

An Accompt of Edward Watts of the Hire of his Horses taken up 
for the publick Service Amounting to the sum of £1. 11. 6. 

[Read, accepted and] 

Resolved that the sum of thirty one Shillings & Six Pence be allowed 
«fe Paid out of the Publick Treasury to the Accomptant Edward Watts 
In full Discharge of the Within Accompt. \_Passed December 6. 



CHAPTER 311. 



RESOLVE ALLOWING £4. 2 TO EBEZ^ MARSH. 



Legislative 
Records of the 
Council, xii., 
103. 

House Jour- 
nal, p. 35. 
Ante, p. 310, 
chap. 58. 



An Accompt of Ebenezer Marsh, for his Time & Expence in Seizing 
& Letting out Pine Trees in the County of Hampshire for the province 

[Read, accepted and] 

Resolved that the sum of four Pounds & Two Shillings be Allowed 
& Paid out of the publick Treasury to the Accomptant Ebenezer Marsh 
In full Discharge of this Accompt. [^Passed December 6. 



CHAPTER 312. 



RESOLVE ALLOWING £4. 16 TO TIM^ DWIGHT. 



Legislative 
Records of the 
Council, xii., 
103. 

House Jour- 
nal, p. 34. 
Ante,Y).'ilO, 
chap. 58. 



An Accompt of Timoth}' Dwight of Time & Expence in Siezing 
& Letting out Pine Trees for the Province Amounting to the sum 
of £4. 16. 

[Read, Accepted and] 

Resolved that the Sum of four Pounds Sixteen Shillings be Allowed 
& Paid out of the publick Treasury to the Accomptant Timothy Dwight 
In full Discharge of the Above Acc°. \^Passed December 6. 



CHAPTER 313 



Legislative 
Records of the 
Council, xii., 
103. 

House Jour- 
nal, p. 33. 
Ante, p. 164, 
chap. 15. 



RESOLVE ALLOWING £31 TO NATH'- MASTERS. 

A Petition of Nathaniel Masters Owner of the Shallop two Brothers 
Robert Warren Master, Which Shallop was press'd by order of the 
Govem' to attend his Majesties Ship Sea Horse on a Cruise the Last 
Summer in Quest of Py rates, Praying an Allowance for the Hire of 
Said Vessell & Wages & Provisions for the Men for twenty five Days 

Read [accepted] & 

Resolved that the Sum of thirty one Pounds be allowed & Paid out 
of the Publick Treasury to Nathaniel Marsters the Petitioner & his 
Men Agreeable to the Committees Report. \_Passed December 6. 



[3d Sess.] Province Laws {Resolves, etc.). — 1723-24. 389 



CHAPTEE 314. 

RESOLVE ALLOWING -10/. SEVERALLY TO DAVID KING, SOL" NOBLE & 

AARON ASHLEY. 

A Petition of David King, Solomon Noble & Aaron Ashley Pray- Legislative 
iug that they be Allowed the Bounty they are Intituled to by Law for J^^HaK-n, xii!f*' 
Enlisting Voluntiers in the Service against the P^nemy Indians In the i'i5- 
Year 1722 the Same being Certified by Cap' John Ashley Read & House .lour- 

Besolved that the Sum of forty Shillings be allowed & Paid out of province 
the publiek Treasury for the Use of Each of the Petitioners making Laws ii., 225, 
in the Whole the sum of Six Pounds, to M'' Daniel Bag to be by him ^ '"^' 
Repaid to them. \^Passed December 9. 



CHAPTER 315. 

RESOLVE ALLOWING £7. 8 TO SHUBAL GORHAM ESQ^. 

An Acco:mpt presented by Shubal Gorham^ Esq' of the Charge of r^^'^'^"^? ,1 
Apprehending & Keeping John Bly In Prison, he being taken up for council, xii., 

Putting off Counterfit Peices of Eight, Amounting to the Sum of £7. 8. }^ 

[Read, and] na^p^se''^' 

Resolved that the sum of Seven Pounds Eight Shillings be Allowed & 
Paid out of the Publiek Treasury to Shubal Gorham Esq"" In full Dis- 
charge thereof. \_Passed December 9. 



CHAPTER 316. 

RESOLVE ALLOWING 55/. TO COLL" JOS^ BUCKMINSTER. 

An Accompt presented by Coir Joseph Buckminster, of Sending Legislative 
Expresses by order of the Goverment Amount" to the Sum of £3. 5. counc*if xu!^* 

[Read, and] los. 

Resolved that the sum of fifty five Shillings be Allowed & Paid out House Jour- 
of the Publiek Tresury Treasury 2 to Coll" Joseph Buckminster In full "^^i-p-^^- 
Discharge of the within Ace". [Passed December 9. 



CHAPTER 317. 

RESOLVE ALLOWING PAYMENT OF CAPT ELEAZER WHEELOCKS MUSTER 

ROLL. 

A Muster Roll of the Troop of Horse late In his Majesties Service Legislative 
on the frontiers under the Command of Cap' Eleazer Wheelock Contan- councff xfi.**** 
ing an Accompt of Wages Due for their Service togather with Subsist- io7. 
ance & the Hire & Keeping their Horses from October 11"^ 1723 to the House .Jour- 
thirty first of Said Month Amounting to the sum of £155. 15. 11. nai.p.s?. 

[Read, Accepted and] 

Resolved that the sum of one hundred & fifty five Pounds fifteen Shil- 

> Gorham was sheriff of Barnstable county, and had brought Bly from Barnstable to 
Boston. — House Journal, p. 36. 
« Sic. 



390 



Province Laws {Resolves, etc.). — 112^-24.. [Chaps. 318-320.] 



lings & Eleven Pence be Allowed & Paid out of the Publick Treasury 
to Cap' Eleazer Wheelock to be by him Paid to the Several persons to 
Whome the same is Respectively due for Wages & Subsistauce of the 
Men born on the Within Muster Roll agreeable To the Committees 
Report. \_Passed December 10. 



Legislative 
Records of the 
Council, xii., 
108. 

House Jour- 
nal, p. 37. 



■Legislative 
Records of the 
Council, xii., 
108. 

House Jour- 
nal, p. 40. 



CHAPTER 318. 

RESOLVE ALLOWING PAYMENT OF CAV^ DANIEL EPES MUSTER ROLL. 

A Muster Roll of the Troop of Horse late In his Majesties Service 
on the frontiers under tlie Command of Cap' Daniel Epes, Cont= an 
Accompt of Wages Due for their Service Togather with their Subsist- 
auce & the Hire & Keeping of their Horses from the Second to the 
twenty first of September 1723 Amounting to the Sum of £185. 4. 

[Read Accepted and] 

Resolved that the sum of one hundred & Eighty five Pounds four 
Shillings ^ be Allowed & Paid out of the publick Treasury to Cap' Daniel 
Epes to be by him paid to the Officers & Soldiers born on the Within 
Roll & the Persons that Subsisted them In full Discharge of this RolL 
\_Passed December 10. 



CHAPTER 319. 

RESOLVE ALLOWING PAYMENT OF CAPT FRANCIS BARKERS MUSTER 

ROLL. 

A Muster Roll of the Company In his Majesties Service under the 
Command of Cap' Francis Barker, Contaning an Accompt of Wages 
due to them for their said Service from the 26"^ of June 1723 to the 
26"' of November following Amounting to the Sum of £466. 14. 4. 

[Read, Accepted and] 

Resolved that the sum of four Hundred & Sixty Six Pounds fourteen 
Shillings & four Pence be Allowed & Paid out of the Publick Treasuiy 
to the Said Cap' Francis Barker & the Other Officers & Soldiers born 
on the Within Roll In full Discharge of the Wages thereof. \_Passed 
December 10. 



CHAPTER 320 



RESOLVE ALLOWING PAYMENT OF CAP"^ SAM'- PICKARDS MUSTER ROLL. 



Legislative 
Records of 
Council, xii 
108. 



the 



House Jour- 
nal, p. 38. 



A Muster Roll of the Troop of Horse late In his Majesties Service, 
under the Command of Cap' Sam" Pickard, Contaning an Accompt of 
wages due to them for their Service on the frontiers Togather with 
their Subsistauce & the Hire & Keeping of their Horses from the 
30"' of Septem"" 1723 to the 15"' of October following, Amounting to 
the Sum of £125. 15. 

[Read Accepted and] 

Resolved that the Sum of one hundred & twenty five Pounds & fifteen 
Shillings be Allowed & Paid out of the Publick Treasury to Cap' Sam^ 

1 The House Journal reads, £185. 4. 5. 



[3d Sess.] Province Laavs (Besohes, etc.). — 1123-24:. 391 

Pickard, to be by him paid to the Ollicers & Soldiers born on the Within 
Roll & the persons that Snbsisted the Men therein in full Discharge of 
the same. \_Passed December 10. 



CHAPTER 321. 

RESOLVE ALLOWING PAYMENT OF MAJ" MATTHEW WHIFFLES MUSTER 

ROLL. 

A Muster Roll of the Troop of Horse in his Majesties Service on Legislative 
the frontiers under the Command of Major Matthew AVhipple, Con- coundf xn!^^ 
tauing an Acc° of Wages &c Due to them for their Service from y" los- 
16"' to the 30"^ of Sep''' 1723 Amounting to the sum of £134. 10. 8. House Jour- 

[Read, Accepted and] ^ nai.p.ss. 

Resolved that tiie sum of one hun Hundred ^ & thirty four Pounds 
Ten Shillings & Eight pence be allowed & Paid out of the publick 
Treasury, to the said Major Matthew Whipple to be by him Repaid 
to the Officers & Soldiers born on the Within Muster Roll & Persons 
Who have Subsisted the Troops in full Discharge of the Roll. \_Passed 
December 10. 



CHAPTER 322. 

RESOLVE ALLOWING £12. 13. 2 TO DISCHARGE COLL" SAMi- FARTRIDGES 

ACC" OF FOSTS &c. 

An Accompt presented by ColF Sani^ Partridge of the Charge of Refords"oft,j 
Subsisting Several posts & Indians, Paustering of Horses for Troopers, council, xii., 

Hire of Posts &c Amounting to the sum of £12. 13. 2. ^^ 

[Read, Accepted and] i?aT*f fg''"'' 

Resolved that the Sum of twelve Pounds thirteen Shillings & two 
Pence be allowed «fc Paid out of the publick Treasury to Jonathan 
Weld Esq^ to be by him Repaid to the Several persons to Whome the 
Same is Respectivelj^ Due (as b}^ the within Accompt) In full Dis- 
charge thereof. \_Passed December 10. 



CHAPTER 323. 

RESOLVE ALLOWING £7. 15. 6 TO DISCHARGE COLL" SAM"- PARTRIDGES 
ACC" OF SUBSISTING SOLDIERS. 

An Accompt, presented by ColP Sam' Partridge of the Charges of ^^'^l?**^*®.. 
Subsisting Cap' Goodrick's, Leiut. Coll" Stoddard's «fe Serjant Kings Council, xii., 

& Serjant Rogers Men Amounting to the Sum of £7. 15. 6. ^^ . 

[Read, Accepted and] ^aTT .so*"' 

Resolved that the sum of Seven Pounds fifteen Shillings & Six Pence 
be Allowed & Paid out of the Publick Treasury to Cap' Jonathan Weld 
to be by him repaid to the Several Persons that Have Subsisted the 
Said forces (as by Said Accompt) in full Discharge Thereof. \_Passed 
December 10. 

» Sic. 



392 



Province Laws (Besolves, etc.). — 1723-24. [Chaps. 324-327.] 



CHAPTEK 324. 



Legislative 
Records of the 
Council, xii., 
loy. 

House Jour- 
nal, p. 38. 



RESOLVE ALLOWING £12. II. 7 TO STEBBINS, BURTS, & POMROY. 

An Accompt presented by Benj" Stebbins, Ebenez'' Pomroy & Jona- 
than Burt of Subsisting tlie Soldiers from Connecticut & Other Soldiers 
in his Majesties Service in the County of Hampshire Amounting to the 
Sum of £12. 11. 7. 

[Read, and] 

Resolved that the sum of Twelve Pounds Eleven Shillings & Seven 
Pence be Allowed & Paid out of the Publick Treasury to John Stod- 
dard Esq' it being the AVhole Amount of the three Afore Written Ac- 
compts, to be by him Paid to the Said Accomptants in full Discharge 
thereof. \_Passed December 10. 



Legislative 
Records of the 
Council, xii., 
109. 

House Jour- 
nal, p. 39. 



CHAPTER 325. 

RESOLVE ALLOWING £74. 0. 3 TO COLL" PARTRIDGE. 

An Accompt presented by Coll° Sam" Partridge of Billeting Soldiers 
by Meals & other Expences togather with an Acc° of Expence for the 
Publick Service in Sunderland, Amounting In the Whole to the Sum of 
£74. 0. 3. 

[Read, accepted and] 

Resolved that the Sum of Seventy four Pounds & three Pence be 
Allowed & Paid out of the publick Treasury to the Honbl*^ ColP Sam^ 
Partridge, to be by him Repaid to the Persons to Whome it is Due 
(as by Said Accompt) Agreeable to the Comm"^' Report. \_Passed 
December 10. 



CHAPTER 326. 



RESOLVE ALLOWING £28. 7. 10 ON ACC" OF BILLITING SOLDIERS AT 

DEERFIELD. 



Legislative 
Records of the 
Council, xii., 
110. 

House .Jour- 
nal, p. 38. 



An Accompt presented by ColP Samuell Partridge of Billiting the 
Soldiers under the Command of Cap' Goodrich at Deerfield, and the 
Soldiers Under the Command of Cap' Jonathan Wells Amounting to 
the Sum of £28. 7. 10. 

[Read, accepted and] 

Resolved that the Sum of twenty Eight Pounds Seven Shillings & ten 
Pence be Allowed & Paid out of the publick Treasury to Cap' Jonathan 
Weld to be by him Repaid to the Several Persons Named in these 
Accompts In full Discharge Thereof. [^Passed December 10. 



CHAPTER 327. 



RESOLVE ALLOWING 40/. TO JN'' DORRELL. 

Rlfords^of the ^ PETITION of John Dorrcll Under Sheriff of Suffolk Praying Some 
Council, xii., Allowance for Apprehending Emauual Hall & John Baker (two Desert- 



[3i) Sess.] Province Laws {Bef^olves, e^c). — 1723-24. 39^5 

ers) as Certified by Habijah Savage Esq' one of his Majesties Justices House Jour- 
ofy« Peace nai.p.4o. 

Read [Accepted] & 

ReHolved that the sum of forty Shilliugs be Allowed & Paid out of 
the Publick Treasury to John Dorrell the Petitioner lu full Satisfac- 
tion of his Petition. [^Passed December 10. 



CHAPTER 328. 

RESOLVE IN REGARD TO WAGES OF JOS: PRESSEY. 

A Certificate Under the hand of M"" Treasurer Allen that Joseph £^s^^^l*^^?.v, 

-r-. ,.-1-. 51 /.I -!-»• ij'1-11 Records of the 

Pressey hath Return d one of the two Frovince Arms in his hands, Council, xii., 

for which his Wages in Cap' Peckers Muster Roll were Stop'd in the il^^^ 

Treasury In the House of Represent^ Read & ^ouse Jour- 

Resolved that M'' Treasurer be Directed to pay to the Within Named (Aug.); p. 44. 
Joseph Pressey the sum of Ten Pound & Eleven Shillings, the Reman- 
ing Part of his Wages to be Still Stop'd in the Treasury untill the Said 
Pressey Make it Appear that he has return'd the Other gun 

In Council Read & Concurd, and that the Treasurer be Directed Upon 
the said Pressey's Returning the other Gun to pay him the Remainder 
of his Wages In the House of Represent' Read & Concurd. 

\_Passed December 10. 



CHAPTER 329. 

VOTE DIRECTING THE AGENT TO APPEAR AND DEFEND THE CHARTER. 

In Council. 

Voted that M"^ Agent Dummer be Directed to appear in Behalf of Refords^Jf the 
the Province for Defence of the Charter According to Such Instructions council, xu., 
as he Shall Receive from this Court '^' '^°' ^^^' 

In the House of Represen" Read & Concur'd with an Amendm' J^Xpp'^i2^i5 
viz' that M' Anthony Saunderson of London togather with one other 24, 46. Ante, ' 
Person who shall be Chosen & be Sent by this Court from hence be 367!'^'' ^ ^^' 
Joined In the Affair 

In Council Read & Concurd So far, as that Some Person who Shall 
be Chosen & Sent by this Court from hence be Joined in the Affair. 

In the House of Represent' Read & Concurd. \^Passed December 1