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

THE 



ACTS AND RESOLVES, 



PUBLIC AND PRIVATE, 



Province of the Massachusetts Bay: 



TO TFHICH ARE PREFIXED 



THE CHARTERS OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published under Chapter 87 of the Resolves op the General Court 
OP the Commonwealth for the Year 1867. 



Y O L U M E XI., 
BEING VOLUME VI. OF THE APPENDIX. 



containing 



EESOLVES, ETC., 1726-1734. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1903. 



STATE HOUSE. BOSTON, 

DEC 10 '^^^3 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 172,6-27. 



[1] 



LEGISLATIVE LIST^ 



I 7 26-2 7 . 



The Honorable WILLIAM DUMMER, Esq., Lieut. Governor, 
Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECKETARY OF the PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

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

William Tailer 



Pen Townsend 
Nathaniel Byfield 
Benjamin Lynde 
Addington Davenport 
Thomas Hutchinson 
John Clark 
Samuel Brown 
Thomas Fitch 



ESQRS. 



Edmund Quincy 
Adam Winthrop 
Elisha Cook 
Jonathan Dowse 
Paul Dudley 
Samuel Thaxter 
John Turner 
Daniel Oliver 
Thomas Palmer 



Esqrs- 



Of the Inhabitants of or Proprietors of Lands tvithin. the Territory formerly called 
the Colony of New Plymouth; 



Isaac Winslow 
John Cushing 



ESQRS. 



John Otis 
Meletiah Bourn 



ESQRS. 



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

John Wheelwright, Joseph Hammond & Edward Hutchinson, Esqrs. 

Of the Inhabitants of or Proprietors of Lands tvithin the Territory lying between 
the River of Sagadahock and Nova Scotia ; 

Spencer Phips, Esq. 

' See Legislative Records of the Council, xiii., 124-127. 
[3] 



Province Laws (7?eso?ve.s, e^c). — 1720-27. [Representatives.] 

For the Province, at large : — 
Jonathan Belcher & Symonds Epes, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

May 25, 1726 to Ajml 5, 1 727. 



Mr. WILLIAM DUDLEY, Speaker. 



Boston, . 



Boxbtiri/, 

Dorches/er, 

Brantreii, 

Millon, . 

Wcij'»ioutli, 

Hinyhmii, 

Pcdhani, 

MedJichJ, 

Mendon, . 

Wrenthaiii, 

Bronklijn, 

Medivay, 

Needhmn, 

Woodstock, 



County ok Suffolk. 
. . Joseph Wadsworth, Esq., 

Mr. Ezekiel Lewis, 

Mr. Thomas C'u.'^hino:. 

John Rallantine, llsq. 

William Dudley, Esq. 

Major Thomas Tilestone. 

John Quincy, Esq. 

Capt. Jonathan C'ulliver. 

Mr. Gideon Tirrel 

Mr. John Jacobs. 

Mr. Joshua Fisher. 

Mr. George Barber. 

Mr. John Brown. 

Mr. Jonathan Ware. 

j\Ir. Edward White. 

Mr. .Jonathan Adams. 

Capt. Robert (^ook. 

Major John Chandler. 



County ok Essex. 
Salem, . . . Timothy Lindall, Esq., 

Mr. Daniel Epes 
Ijjsivich, . . . John Wainwright, Esq., 

Mr. Benjamin Crocker. 
Nenibury, . . Richard Kent, Es(|., 

Major Joseph Gerrish. 
Marblehead, . Capt. Richard Trevot, 

Mr. Joshua Orne. 
Lyn, .... Mr. Ebenezer Burrill. 
Rowley, . . . Mr. Thomas Lambert. 
TlaverhiU, . . Mr. James Sanders. 
Salisbury, . . Mr. William True. 
Andover, . . Mr. Nehemiah Abbot. 
Glocester, . . Mr James Say ward. 
Topsjield, . . Mr. Joseph (iould. 
Beverly, . . . Capt. Joseph Ilerrick. 
Wenham, . . Mr. John Porter. 
Boxford, . . . Mr. Stephen Peabody. 
Bradford, . . Mr. John Gage. 
Amesbury, . . Mr. Joseph Brown. 

County of Middlesex. 
Cambridge,. . Jonathan Kemiugton, Esq. 



County of 
Charles Tonm, . 

Watcrtoivn, . . 
Concord, . . 
Newton, . . . 
Sudbury, . 
Marlbor', 
Sherburn, . 
Lancaster, . 
Oroton, . . 
Framinyhain, 
Clemsford, . 
Billerica, . 
Wobui'u, . . 
Readimj, 
Maiden, . . 
Lexington, . 
\VeMo?i, . . 
Medford, 
Leicester, 
Littleton, 

Cou 
Springfield, 
Northamjdon, 
Hadley, . . 
Hatfield, . . 
Westfield, . 
Sujfield, . . 
Deer field, . 
Enfield, . . 



Middlesex — Concluded. 
. Charles Chambers, Esq., 

Henry Phillips, Esq. 
. Jonas Bond, Esq. 
. Capt. John Flynt. 
. Mr. Richard Ward. 
. Mr. Daniel Eastabrook. 
. Capt. Nathan lirigiiam. 
. Mr. Henry Leyland. 
. Mr. Joseph Wilder. 
. Capt. John Shipley. 
. Capt. Edward Goddard. 
. Mr. Samuel Chamberlain. 
. Mr. Jonathan Bacon. 
. Mr. Daniel Pierce. 
. Mr. Thomas Bancrolt. 
. Mr. Jonatlian Sergeant. 
. Francis Bowman, Esq. 
. Mr. Josiah Jones. 
. John Altbrd, Esq. 
. John Menzies, Esq. 
. Capt. Isaac Powers. 

NTY OF Hampshire. 

. Mr. Samuel Day. 
. Mr. Ebenezer Wright. 
. Eleazer Porter, Esij. 
. Mr. John Dickenson. 
. Mr. John Gunn. 
. Mr. John Burbank. 
. Capt. Thomas ^^■ells. 
. Mr. Nathaniel Collins. 



C«»r 
Plimouth, . 
Scituate, . . 
Marshfield, . 
Duxboro, 
Bridgewater, 
Middlebord, 
Rochester, . 
Plympton, . 
Pembrook, . 



NTY OF Plymouth. 

. Mr John Foster. 

. Capt. Amos Turner. 

. Isaac Little, Esq. 

. Mv. Edward Arnold. 

. Mr. Joseph Keith. 

. Mr. Nathaniel Soutliworth. 

. Mr. Joseph Benson. 

. Mr. Isaac Cushmnn. 

. Thomas Barker, Esq. 



[Kei'kesentatives.] Province Laws (liesolves, etc.). — 172fi-27 



County of Baknstahle. 

Barnstable, . . Shubael Gorham, Esq. 

Yannoidh, . . Capt. Ebeuezcr Haws. 

Sandwich, . . Ezra Bourn, Esq. 

Eastham, . . Mr. John Payne. 

Earimck, . . Capt. Edmund Freeman. 

Truroe, . . . Mr. John Snow. 

County ok Bkistol. 

Bristol, . . . Nathaniel Payne, Esq. 
Taunton, . . Mr. James Leonard. 
Srvanzey, . . Mr. Ephraim Pierce. 
Rehoboth, . . Mr. Jathniel Peek. 
Little (Jo7nj)to7i, Mr. John Church. 
Dighton, . . . Mr. Edward Shove. 
Tiverton, . . Mr. Ger.shom Woodall. 
Altleboro, . . Capt. Joseph Brown. 



County of Bristol — Concluded. 
Norton, . . . (ieorge Leonard, Esq. 
Dartm°, . . . Capt. John Okin. 
Freetown, . . Mr. Thomas Gage. 

CouNTV OF York. 
York, .... Jeremiah Moulton. Esq. 
Kittery, . . . William Pepperil, Jr., Esq. 
Falmouth, . . Samuel Moodey, Esq. 
Berwick, . . Roger Plaisted, Esq. 

Dukes County. 
Edgartoum, . Mr. Benjamin Smith. 

In the County of Nantucket. 

Sherbourn, . . George Bunker, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth Day of May, A.D. 1726. 



CHAPTEE 1. 

ORDER ALLOWING THE COUNTY TREAS« OF BARNSTABLE HIS ACCO''- 

An Accompt presented by Ebenezer Lewis Treasurer of the County Legislative 
of Barnstable for the last Year, having been presented to the Court councif xliil^^ 
of General Sessions of the Peace for the Said County for their Accept- i'^9. 
ance, and being allowed by the Said Court. House Jour- 

Read and Accepted and nai, p. ,. 

Ordered that this Accompt be allowed. '[Passed May 27. 



CHAPTEE 2. 

ORDER ALLOWING THE COUNTY TREAS^ OF ESSEX HIS ACCO'^. 

An Accompt presented by John Appleton Esq"^ Treasurer of y'' Legislative 
County of Essex for the last Year, Having been laid before the Court cmmcif, xiii.l 

of General Sessions of the Peace for the Said County for their Accept- ^ 

ance And being allowed by the Said Court. House Jour- 

Read and Accepted and ' 

Ordered that this Accompt be all-owed.^ [Passed May 27. 



CHAPTEE 3. 

. ORDER ALLOWING THE C" TREAS« OF HAMPSHIRE HIS ACCO'^. 

An Accompt presented by Joseph Howley Treasurer of y" County Legislative 
of Hampshire for the last Y'ear, Having been laid before the Court of Councif xUi^^ 
General Sessions of the Peace for the Said County for their Accept- 129. 
ance and being Allowed by the Said Court House Jour- 

Read and Accepted & '^'^'' p- '^• 

Ordered that this Accompt be Allowed. [Passed May 27. 

' The House Journal reads, " excepting the Article of Twenty Shillings, charged by 
the Accomptant for his Trouble in passing his Accompt at Boston, which he is to Accompt 
and give Credit for in the next Accompt." 

[7] 



Province Laws {Resolves^ etc.). — 1726-27. [Chaps. 4-6.] 



CHAPTER 4. 



ORDER ALLOWING THE CO TKEAS" OF YORK HIS ACCO^. 



Legislative 
Records of tiie 
Couucil, xiii., 
12!). 

House Jour- 
nal, p. 7. 



An Accompt presented by Daniel Simpson Treasurer of the County 
of York for the last Year Having been laid before tbe Court of General 
Sessions of y" Peace for that County for their Acceptance, and being 
allowed by the Said Court 

Read and Accepted & 

Ordered that this Accompt be allowed. [^Passed May 27. 



CHAPTER 5. 



ORDER ACCEPTING THE COMMITTEES REPORT ON V- PETITION OF Y' 
INHABITTs OF Y'- WEST PART OF WRENTHAM. 



Legi8lati%'e 
Records of the 
Council, xiii., 
130. 

House Jour- 
nal, p. 7. 
Province 
Laws, X., 688, 
chap.30y. 



The Comjiittek appointed to repair to the Town of Wrentham and 
View the Said Town on the Account of a Precinct petitioned for Hav- 
ing in Obedience to the Order of the Hon''''' the General Court been at 
and View'd the Said Town, and fully heard all Parties concerned, Maka 
tl]£ following Report. Viz : 

That Considering the present Circumstances of the Town of "Wren- 
tham and of those that inhabit within the Bounds of the Precinct Pro- 
posed, More especially the Unwillingness of one Half of the P\imilys 
that are there Settled, as yet to engage in So great an Affair We can- 
not think it Convenient at present that there Should be a Precinct made 
in the Town of Wrentham, Not but that the Township in our Opinion 
is full large Enough in Time to afford a Second Precinct or Parrish 
and it may be hoped in a few Years when the Western and Remote 
Parts of the Town are Settled with a Competent Number of Families 
capable and Willing, (at least a good IMajority of them) to Support 
the Ministry, It may then be proper and Advisable to make a Pre- 
cinct, the Bounds whereof to be Settled either by Agreement among 
themselves, or as this Court Shall Order So always as not to Streighten 
the Town too much, And yet to Set of a Sufficient Part of the Town- 
ship for a Precinct; All which is humbly Submitted by. 

Pail Dudley In the Name «& by Order of y*" Com'" 

Read & 

Ordered that this Report be Accepted, [Passed May 27. 



CHAPTER 6. 



ORDER ALLOWING THE COUNTY TREAS" OF MIDDLESEX HIS ACCO^. 



Legislative 
Records of the 
Council, xiii., 
131. 

House Jour- 
nal, p. 10. 



An Accompt presented by Daniel Russell Esq'' Treasurer of the 
County of JNIiddlesex for the last Y'ear, Having been laid before the 
Court of General Sessions of the Peace for the Said County for their 
Acceptance, and Allowed by the Said Court. 

Read & Accepted & 

Ordered that this A ceo' be Allowed.^ \^Passed May 28. 

■ The House Journal reads, " except the Article of 26.?. charged for 26 Warrants, which 
is not allowed, but is to be Accompted for in the next Accompt." 



[IsT Sess.] Province Law8 {Resolves, etc.), — 172G-27. 
CHAPTER 7. 

VOTE FOR CELEBRATING HIS MAJ"^ BIRTH DAY. 

In the House of Refkesent^'^^ This being tlie huppy Anniversary Legislative 
of liis Majesties Birth Day, And the Great & General Court of this Sidf.xHi 
Province being now Convened. ^^ 



Voted that it is the Unanimous Desire of this House tliat the Court House Jour- 
may Express their Loyalty and Duty to his Majesty and the Royal "**•!'• 
Family, And therefore propose the Court House as a proper Place for 
this Court to Express themselves on this JoyfuU Occatiou at Three a 
Clock this After Noon. 

In Council Read and Concur'd. \_Passed 3Iay 28. 



CHAPTER 8. 

ORDER ON JOHN & ELIZ^ MAC LELANDS PETITION, GRANTING AN 

APPEAL. 

A Petition of John Mac Leland and Elizabeth his Wife, Shewing Legislative 
that by the Direction of this Court, they brought their Action against coundi! xm!!® 

Elizabeth Kellum &c for Redemption of a House and Land alienated 133^ 

by the Father & Mother of the Petitioner Elizabeth, Notwithstanding House Jour- 
its being Under Entail, at the luferiour Court of Common Pleas for province 
the County of Suffolk held at Boston in January last, that the Said g'[fg",*'269' *^''^' 
Court made up their Judgment thereon ; From w*^'' the Petitioners (con- 
ceiving it to beWrong) craved Liberty to Appeal to the Next Superiour 
Court but were not allowed their Appeal, And therefore praying the 
Interposition of the Authority of this Court, either by giving final Judg- 
ment on the Said Cause or by allowing the Petitioners Appeal or by 
giving Such other Relief as they Shall Judge Meet. 

Read and 

Ordered that the prayer of this Petition be so far granted, That the 
Petitioners be allowed their Appeal to the Next Superiour Court of 
Judicature, And that the Justices of the Said Court be directed and 
Impowered to hear & Determine the Said Appeal Accordingl}^ ; Pro- 
vided the Petitioners file their Reasons of Appeal as the Law directs, 
And give Notice to the Adverse Part}^ at least fourteen Days before 
the Sitting of the Court. \_Passed May 31. 



CHAPTER 9. 

ORDER ALLOWING THE COUNTY TREAS« OF BRISTOL HIS ACCOT. 

An Accompt presented by Capt William Throop Treasurer for y^ R^^^^-lf^^'^Pj.j, 
County of Bristol for the last Year, Which having been laid before Council, xiii., 

The Court of General Sessions of the Peace for the Said County for ^^ . 

their acceptance. And allowed by the Said Court House Jour- 

Read & Accepted & 
Ordered that this Accompt be Allowed. \_Passed May 31. 



10 



Province Laws (i?eso?ve.s', e^c. ) . — 1726-27. [Chaps. 10-13.] 



CHAPTEE 10 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP 

GEORGE. 



Legislative 
Records of the 
Council, xiii., 
134. 

House Jour- 
nal, p. 14. 



A Muster Roll of the Sloop George and Company David Franklyn 
Master, a Transport in his 3Iajesties .Service Eastward, Containing An 
Aceo' of Wages due to the Said blaster and Comp" for their Service 
from Novein'' 14, 1725 to ]May 23, 1726, together with the Hire of the 
Sloop the Said Time, Amounting to the Sum of £225. 2. 

[Read and] 

Resolved, that the Sum of Two Hundred and Twenty five Pounds and 
two Shillings be allowed & paid out of the Publick Treasury to the Said 
David Franklyn to be b}' him paid to whom the Same is due in full Dis- 
charge of the Wages and Sloop Hire thereof. [^Passed May 31. 



CHAPTER 11 



Legislative 
Records of tlie 
Council, xiii., 
134. 

House Jour- 
nal, i>. 9. 



RESOLVE ALLOWING 31/ 4 TO JOS LEVET. 

An Acoompt of Joseph Levet for Subsisting Soldiers belonging to 
Connecticut at y" Town of Suffield, Amounting to the Sum of £1. 11. 4. 

[Read and] 

Resolved that the Sum of Thirty one Shillings and four Pence be 
allowed and paid out of y* Puplick Treasury to M"" John Burbank to 
be by him paid to the Said Joseph Levet in full Discharge of the 
within Accot. \_Passed May 31 . 



CHAPTER 12 



Legislative 
Records of the 
Council, xiii., 
13.5. 

House Jour- 
nal, p. 15. 



RESOLVE ALLOWING 30/ TO AB : KINSBURY. 

An Accompt presented by Abigail Kinsbury, of Subsisting divers 
Soldiers under the Command of Capt Penhallow amounting to £1. 10. 

[Read and] 

Resolved that the Sum of Thirty Shillings be allowed and paid out 
of the Publick Treasury to the Accomptant Abigail Kingsbury in full 
Discharge thereof. \_Passed June I. 



CHAPTER 13. 



Legislative 
Records of the 
Council, xiii., 
135. 

House Jour- 
nal, p. 16. 



RESOLVE ALLOWING £16. 19. 11 TO DAN"- POWNING. 

An Accompt presented by Lieut Daniel Powning Keeper of the 
Powder House in Boston, of Disbursements for Watchmens Wages 
Coals Candles & other incidental Charges from June 25"' 1725. to j\Iay 
15, 1726 Together with the IMoney rec'' Ball* of which due to the Said 
Daniel Powning amounts to j" Sum of £16. 19. 11. 

Read and 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 11 

Resolved that the Sum of Sixteen rounds Nineteen Shillings and 
Eleven Pence be Allowed and paid out of the Fubiick Treasury to the 
Acconiptant Daniel Povvning in full Discharge of the Said Accompt, 
Ending this Day. [^PasHed Jane 1. 



CHAPTER 14. 

RESOLVE ALLOWING £LS. L5 TO BARTH : GREEN. 

An Accompt presented by Bartholomew Green of the Charge of ^fords'ofthe 
Paper & Printing of Acts, Proclamations, Treasurers Warrants from councii.xiii., 
y'' 23 of June 1725 to the 22<^ of April 1726 Amounting to the Sum ^^ 

r\f -PMi if; House Jour- 

or XlO. I -J. ^ nal, p. 17. 

[Read and] 

Resolved that the Sum of Eighteen Pounds And fifteen Shillings be 
allowed and paid out of the Publick Treasury to the Acconiptant Bar- 
tholomew Greeu in full Discharge thereof. \_Passed June 1. 



CHAPTER 15. 

RESOLVE ALLOWING £42. 15 TO GREEN & KNEELAND. 

An Accompt presented by Bartholomew Green and Samuel Kneeland ^efords'o^the 
of the Charge of Paper and Printing of the Votes of the House of Rep- Coimeii, xiii., 
resent""' for the Session in November last, Amounting to the Sum of H± 

x^Ai) IK House .lour- 

"^*-" ^'^- nal, pp. 16, 17. 

[Read and] 

Resolved That the Sum of Forty two Pounds and fifteen Shillings 
be allowed and paid out of the Publick Treasury to the Accomptants 
Bartholomew Green and Samuel Kneeland in full Discharge thereof. 
\_Passed June 1. 



CHAPTER 16. 

RESOLVE CONFIRMING A PLAT OF 500 ACRES OF LAND TO Y''- HEIRS 
OF CAP'^ JN*^ PYNCHEON. 

A Platt of Five Hundred Acres of Laud protracted and Surveyed ^^si^'?'^'^? ,, 

Kccorcls or tlic 

by Timothy Dwight Surveyour Pursuant to a Vote of this Court at council, xni., 

their Session in November last on a Petition of John Ashley Esq"^ Ad- ^lli . 

minisf of the Estate and one of the Heirs of Cap : Joiiu Pyncheon dec'^ naT^*' 15*"' 
was pi'esented to the Court for their Acceptance and Confirmation. Province 
Read and Accepted & ^hap! sos! ^*'' 

Resolved that the Lands protracted & described within the Said Platt 
be and hereby is confirmed unto the Lawfull Heirs or Represent"'' of the 
Said Capt John Pynchon Dec'' in full Satisfaction of y'' Grant of Five 
Hundred Acres of Land made to the Said Capt John Pynchon, Anno 
1666, Provided it Interfere not with any other or former Grant of this 
Court ; nor exceed the Quantity of Five Hundred Acres. \_Passed 
Jane 1. 



12 



Pkovince Laavs {llemlves, etc.). — 172G-27. [Chaps. 17-1!*.] 



CHAPTER 17 



VOTE ACCEPTING THE REPORT ON HOUSATANNUCK AFFAIR. 



Legislative 
Records of the 
Council, xiii., 
138. 

Legislative 
Records of tlie 
Council, xiii., 
13(). House 
Journal, p. 10. 
Province 
Laws, X., 1«), 
chap. 8-2; 5t;y, 
chap. 404. 



John Gushing Esq'' from the Comittee of Both Houses on y* Affair 
of Housatannuck gave in their Report, W^** was read and Accepted in 
both Houses with Amendm'' And as Amended is as follows Viz : 

The Cominittee are humbly of Opinion, That the Lands mentioned 
in the within Petition Shall belong to the County of Hampsliire, and 
tliat His Hon"^ the Lieut. Governour be desired to write to the Govern'' 
of New- York, To propose that tliat (iovernm' joyn with tliis in Run- 
ning or .Settling the Line or Boundary between the two provinces, And 
tliat in the Mean Time all prosecutions be prevented for any Rights 
of Laud on the Borders. And that the Committee appointed for Reg- 
ulating the Settling those Tracts of Land lay before this Court at tlieir 
Next Session what Progress they have made in that Affair, Or Shall 
make within y'' Time Limited in the Grant. \_Fassed June 2. 



CHAPTER 18 



RESOLVE ALLOWING £8 TO JON^ ROGERS. 



Legislative 
Records of the 
Council, xiii., 
138. 

House Jour- 
nal, p. 21. 



A Petition of Jonathan Rogers of New-London in y" Colony of 
Connecticut Praying that he may be allow'd the Sum of Eight Pounds 
for Charges arisen in i)ursuiug one John Bishop by Hue & Cry he l)eing 
Charg'd with Forging and Counterfeiting Sundry Five Pound Bills in 
Imitation of the Five Pound liill of this Province and other Bills. 

Read [Accepted] and 

Resolved that the Sum of Eight Pounds be AllowM and paid out of 
the publick Treasury to the Petitioner .lonatiian Rogers, in full Dis- 
charge of the Acco' thereto Annexed. [^Passed Jane 2. 



CHAPTER 19 



RESOLVE ALLOWING £6. 10 TO EBEN« PEMBERTON. 



Legislative 
Records of the 
Council, xiii., 
138. 



House .Jour 
nal, p. -22. 
Province 
Laws, X., 
chap. 234. 



364, 



A Memorial of ^V Ebenezer Pemberton Chaplin of his ]\Iaj" Castle 
AVilliam praying that Fifty Shillings per Annum may be added to his 
Salary, which will make the Advance proportionable to that made to 
the Otlicers of the Said Garrison upon the last Establishment and that 
the Sum of Six Pounds Ten Shillings may be allowed to make up the 
Deficiency for Two Years and an Half last past. 

Read & in Answer to y'' S*^ Petition 

Resolved that the Sum of Six Pounds ten Shillings be allowed & 
paid out of the Publick Treasury to the Petitioner 'SV Ebenezer Pem- 
berton in full for the Two Years and Six Months Service as Chaplin 
to his Majesties Garrison at Castle AVilliam as Set forth in the Petition, 
And that the Elstablishm' of the Chaplain for the Said Garrison be 
after the Rate of Sixty five Pounds per annum, And So to Continue 
during the Continuance of the last Establishment of the Pay of the 
Officers and Soldiers of the Said Garrison and no longer. [^Passed 
June 2. 



[LsT Sess.] Province Laws (^Resolvea, etc.). — 172G-27. 13 



CHAPTEK 20. 

ORDER FOR Y'- BOUNDS 01' Y'- TOWN OF KINGSTONE. 

Or(hred that the Bounds of the North Precinct in y" Town of Plim- Legislative 
outh intended to be Erected into a Township by the Name of Kingstone councif xnV'^ 
Shall be as foUoweth, That is to Say, Vi'^i. 

Beginning at a Heap of Stones above the High Way, being y^ Bounds Legislative 
between the Lands of John Sturtivant and the Lands which did belong coum^lf x»i*^° 
to Joseph Sturtivant Dec*^ and from thence the Line between the two i'^'- House ' 
Precincts in Plimouth to Run North forty Five Degrees and an Half i'rovhiVe^' ' 
Easterly down to the Salt Bay And from thence on the Same Course ^Kip%'-*x^680 
to Duxbury Town Line And then from the first mention'd Heap of chap. 286. ' 
Stones South about Forty five Degrees and an Half Westerly up into 
the Woods to a Great Remarkable Rock commonly called Nicks Rock 
by the South East Side of a Cart Way And from thence on the Same 
Course 144 Rods to a Stone Set in the Ground and other Stones Laid 
about it by the North West Side of the Said Cart Waj', And from 
thence South fifty Seven Degrees Westerly unto two Red oak Trees 
mark'd with Stones about them in the Line of Plimpton Township by 
the North West Side of the old Country Road that leads from Plimouth 
Town to Middleborough And the Line between Plimpton and Plimouth 
North Precinct North about Seven Degrees Westerly unto a Great Black 
Oak formerly Mark'd by the South F.ast Side of a Road Way near the 
Hill called Brewers Hill, The Said Tree being aformer Bound of Plim- 
ton Township, And from thence North forty Seven Degrees and an Half 
Westerly about Four Hundred and Eight Rods to a Heap of Stones on 
a Cleft Rock, and from thence North About Five Degrees Westerly 
About two Hundred and Twenty Plight Rods to a long Stone Set in 
the Ground and other Stones laid about it About Three Rods to the 
Westward of the Old Cellar which was Thomas Shurtliefs, And from 
thence North three Degrees Westerly about a Mile and forty two Rods 
to the West Corner Bound of the Land which did belong unto Peter 
West Deceased, Being a Pine Tree mark'd by Jones's River Pond, and 
from thence over Said Pond North Eight Degrees Westerly unto the 
South Corner Bound by Jonathan Crocker And from thence betwene 
y" Said North Pi'ecinct and the Town of Pembrook, North about Forty 
Three Degrees easterly About one Hundred and Seven Rods by the 
Range Of the Said Crockers Land unto the North Corner of the Hun- 
dred and fort}' Fifth Lot, which now belongeth unto William Cook, 
& from thence East unto the North AVest Corner of Elnathan Fish, & 
from thence bj^ the Range of the Said Lott being in Number y'' Hun- 
dred and Twenty Seventh Lott East South East unto the North East 
Corner of Said Lott at the Brook Called Sign Brook, And from thence 
the Said Line between the Said North Precinct & y'' Town of Duxbury 
to run on a Sti'eight Line to the Ancient Corner Bound between the 
Townships of Plimouth and Duxbury being a Heap of Stones by a 
White Oak Tree mark'd to the Northward of the Brook call'd Mile 
Brook, and from thence by the Bounds between Duxbury & Plimouth 
until it come down to the Bay, And from thence by Duxbury Line over 
the Bay until it meet with the Line first Mentioned. \_Passed June 3.^ 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 2. 



u 



Province Laws {Resolves, etc. ) . — 172G-27. [Chaps. 21-23. j 



CHAPTER 21. 



Legislative 
Records of the 
Council, xiii., 
140. 

House Jour- 
nal, p. 24. 



RESOLVE ALLOWING 30/ TO DIAMOND SERGEANT. 

A Petition of Diamond Sergeant Mariner praying an Allowance for 
his Horse press'd into the publick iService by the Sheritf of y*" County 
of York, He being detaiu'd about Three Weeks. 

Read and 

Resolved that the Sum of thirty Shillings be allowed and paid out of 
the publick Treasury to the Petitioner Diamond Sargeant in full Dis- 
charge thereof. \_Passed June 3. 



CHAPTER 22. 



RESOLVE ALLOWING £.'50 TO JOHN GERRISH. 



Legislative 
Records of the 
Council, xiii., 
141. 

House Jour- 
nal, p. '22. 
Province 
Laws, X., 721), 
chap. 437. 



A Petition of John Gerrish Gun Smith, Shewing that at the last Ses- 
sion of this Court he presented an Accompt of Cleaning and Mending 
Province Arms, Amounting to the Sum of £107. 18. 4 But the Committee 
who had y'' Examination of the Said Accompt reported that Seventy 
Pounds only Should be paid to the Petitioner, Upon a Supposition (as 
he is Inform'd) That the Said Arms were never in the Time taken out 
of the Armoury, Which was a great Mistake, they having been much 
Used by the Soldiers Eastward and by him Cleansed aud Mended Avith 
great Dilllculty, and therefore praying allowance of the whole Sum of 
his Accompt, It being his Just Due. 

Read [Accepted] and 

Resolved that the Sum of Thirty Pounds be allowed and paid out of 
the publick Treasury to the Petitiou"" Capt. John Gerrish which with 
what was allowed him the last Fall Session of this Court is in full Sat- 
isfaction and Discharge of his Accompt for Cleansing the Province Arms 
then presented. \_Passed June 3. 



CHAPTER 2 



RESOLVE ALLOM-ING £r^ TO JAMES ROSS. 



Legislative 
Records of the 
Council, xiii., 
141. 

House Jour- 
nal, p. 21. 



A Petition of James Ross of Salem, Shewing that in the Year 1600 
when the Fort at Casco was Attack'd and taken by tlie Indian P^nemy 
the Petitioner receiv'd Several Wounds, by one of wliich his Collar Bone 
was Split and Cut off, That the Petitioner was captivated and carried 
to Canada where he Suft'ered much Pain & Trouble and was at last put 
to great Charge for liis Redemption. Praying Some Allowance from this 
Court Read [Accepted] and 

Resolved that the Sum of Five Pounds be allowe'd and paid out of 
the publick Treasury to the Petitioner James Ross by Way of Stipend. 
Annually. [^Passed June 3. 



[1st Sess.] Pkovince Laws {Renolves, etc.). — 1726-27. 15 



CHAPTER 24. 

RESOLVE ALLOWING £30 TO V^ TREAS" FOR NEGOCIATING THE INDIAN Legislative 

TB A Tw Records of the 

lltAJJii. Council, xiii., 

141. 

Resolved that the Sum of Thirty Pounds be allowed and paid out nouse Jour- 
of the Publick Treasury to M' Treasurer Allen in full Satisfaction of "'^J' P- ^^■ 
his Negotiating the Indian Trade hitherto. \_Passed June 3. 



CHAPTER 25. 

RESOLVE ALLOWING £15 TO ZECH'^ TRESCOT. 

A Petition of Zechariah Trescot, Shewing that he was Shot by the Legislative 
Indian Enemy in Several Parts of his Body as he was Riding Express omSxuf,^ 

in the Service of this Province to his Majesties Fort George at Bruns- i4i^ 

wick the last Year By which Wounds he is render'd a Cripple, as may House Jour- 
Appear by the Chirurgeons Certificates, praying the further Compas- prm^Qce 
sionate Consideration of this Court, and Such Allowance for his Relief Laws, x., 652, 
and Support as to their AVisdom & Justice Shall Seem meet. * ^"^'" 

Read [and accepted] and 

Resolved that y'' further Sum of Fifteen Pounds be allow^'d and paid 
out of the publick Treasury to the Said Zechariah Trescot for y*" Year 
Ensuing after which y" Court may know how far he is Disenabled from 
Business and thereby be more Capable of Judging what may be Neces- 
sary for his Future Relief. [Passed June 3. 



CHAPTER 26. 

ORDER ON PETITION OF THE PROPRIETk^ OF TAUNTON. 

A Petition of the Proprietors of the Town of Taunton, praying that ^®?'*'?,"^f *jie 
they may be Allowed Some further Time for giving in their Answer council, xiii., 
to the Petition of Francis Cary and others prefer'd the last Session ^rci,i^eg^^' 
they having but very lately been Served with a Copy thereof. cxiii., 67^'. 

Read & Mass. 

Ordered that the Prayer of the Petition be granted, And that the ;fxH|"76'77'. 
Petitioners give in their Answ^er upon the first Tuesday of the next House Jour- 
Session. \_PaSSed June 3. Province 

Laws, X., 689, 
chap. 313. 



CHAPTER 27. 

RESOLVE ALLOWING PAYMENT ON COLL" ELEAi^ TYNG'S MUSTER ROLL. 

A Muster Roll of the Company in His Maiesties Service Westward ^^^'»^?**^?^^ 

>■ -^ /-^ 1 ■ ■ A j_ Records of the 

under the Command of Coir Eleazar lyug, Contammg an Accompt council, xiii., 

of Wages due to them for their Service from Nov"^ 11, to Jan^ 5 1725 ]^ 

Amounting to the Sum of £216. 12. 7 And the Subsistance of the Said ^^*'i"^*' 21°"''' 
Company the Said Time, Amounting to the further Sum of £113. 8. 
[Read and] 



16 



Province La^vs {Resolves, etc. ) . — 172(3-27, [Chaps. 28, 29.] 



Resolved that the Sum of One Hundred and Ninety Nine Pounds and 
Seven Pence be Allowed and paid out of the Publick Treasury to Coll" 
Elezar Tyng to be b}^ him paid to the Oflicors and Soldiers born on the 
Within Roll And the further Sum of (Jne Hundred and Thirteen Pounds 
Eight Shillings be also allowed and paid out of the Publick Treasury 
to Coll" P^leaz"^ i'y^i^ ^'^ ^^ ^y him paid to the Persons to Whom it is 
due for Subsisting the men born on the Poll, in full Discharge of the 
Wages and Subsistence thereof, Agreable to the Report of the Com- 
mittee on the Said Roll. \_Passed June 3. 



CHAPTEK 28. 



VOTE ALLOWING ACC^^ OF M" TREASR ALLEN. 



Legislative 
Records of the 
Council, xiii., 
14-2. 

House Jour- 
nal, pp. 13, 17. 



The Accomtts of Jeremiah Allen ICsq'' Treasurer and Receiver Gen- 
eral of the Province of the Massachusetts Bay in New England, be- 
ginning the Thirt}' first of May 172.J And continued, to tiie Twenty 
Sixth of May 1726, Amounting to the Sum of One Hundred Seventy 
Nine Thousand Thirty one Pounds Fourteen Shillings and four Ponce 
Halfpenny having been presented and laid before the House of Repre- 
sentatives, And inspected, b}' Said House By which it Appears that 
there was out Standing y" Twenty Sixth of May 1726 Fourteen Thou- 
sand and forty Six Pounds Plight Shillings and Threepence of the Taxes, 
Forty Eight Thousand one Ilundred and Eighty Two Pounds Sixteen 
Shillings of y^ £50,000 Loan, Forty five Thousand five Hundred twenty 
Two Pounds Seven Shillings & one half Penny neet Province Bills 
further to be Accompted for. 

[Read and] 

Voted^ that the Said Accompts in the Several Articles of Receipts, 
and |)aym('nts therein mentioned, amounting to the Sum of Seventy 
one Thousand two Hundred and flighty Pounds Three Shillings and 
one penny be and hereby are allowed of. And the Said Treasurer is 
hereby Discharged of the Said Sum of Seventy one Thousand two 
Hundred and Eight}'' one Pounds three ShUliugs & one Penny Ac- 
cordingl}'. \_Passed June 3. 



CHAPTER 29. 



RESOLA^E ALLOWING £40 TO THE MINISTER 

FORD. 



AT ARUNDEL AND BIDDE- 



Legislative 
Records of the 
Council, xiii., 
145. 

House Jour- 
nal, p. 27. 



A Petition of the Select Men of the Town of Arundel prnying that 
this Court out of their wonted Goodness would please to allow Such 
Sum out of the publick Treasury for the Sui^port of the Ministry in 
y'^ Towns of Arundel and Biddeford as to their Wisdom Shall Seem 
Meet. 

Read and 

Resolved that in Consideration of tlie Towns of Arundel and Bidde- 
ford being reduced to low Circumstances by reason of the late Indian 
War, and not having as yet been able to Settle a Minister among them, 
and their being Soldiers posted there. For the further Encouragement 
and Support of preaching the Gospel there, that the Sum of Forty Pounds 

' The House Journal reads, " Votecl, That the said Accompts in the several Articles of 
Receipts and Payments therein mentioned, be and hereby are allowed of, and*the said 
Treasurer is hereby Discharged of the said Accompts accordingly." 



[1st Sess.] Province Laws (liesolves, etc.). — 1726-27. 17 

be allowed and paid out of the Publick Treasury to the Select Men of 
the Town of Anundel for the Use of the Gentleman that performs Said 
Service alternately on the Lords Days at the Towns of Arrundel and 
Biddeford if the Weather permits. [Passed June 7. 



CHAPTER 30. 

RESOLVE ALLOWING 50/ TO NOAH PHELPS. 

A Memorial of Noah Phelps of Westfield praying an Allowance for Legislative 
s Service in coming Post from the Dutch Country to Westfield. coum-ii^, xii^ 

Read and i^^. 



Resolved that the Sum of Fifty Shillings be allow'd and paid out of House Jour- 
the publick Treasury to M'' John Gun, and by him paid to the Said Noah "'^ > p- - • 
Phelps in full Discharge of Said Accompt. \_Fassed June 7. 



CHAPTER 31. 

ORDER ON THE PETITION OF THE INHABITTs OF Y" TOWN OF OXFORD. 

A Petition of Ebeuezer Lerned in the Name & Behalf of the Town Legislative 
of Oxford praying that they may be impowered to lay a Tax of Twenty councii^ xUi!^^ 
Shillings upon every Thousand Acres of Land lying and being in the i44. 
Said Town of Oxford belonging to the Non Resident Proprietors for House Jour- 
the Support of the Gosple Ministry in y« S<* Town. nii\,x>v- 23, 29. 

Read And 

Ordered that Inhabitants of y'' Town of Oxford be and hereby are 
Authorized and Impowered to Assess Levy and Collect Twenty Shil- 
lings for every Thousand Acres of Land lying within the Said Town 
and belonging to y'' Non Resid' Proprietors, And so in proportion for 
a Greater or Lesser Quantity for the Space of Three Years next com- 
ing to be applied to the Support of y^ Ministry in y*" Said Town, And the 
Said Land is accordingly Subjected and made liable to the payment of 
y S"* Tax Any Law Usage or Custom to the Contrary Notwithstanding. 
[_Passed June 8.^ 



CHAPTER 32. 

RESOLVE ALLOWING £50 TO HANNAH LOVEL. 

A Petition of Hannah Lovel Widow of Capt. John Lovel Dec'' Shew- Legislative 
ing that the Sa,id John Lovel in his Life time was at Considerable Cost p,^!;°"!f ^4 i^^® 

^ , council, xiu., 

in Raising Voluntiers for the Service against the Indians by Which 146^ 

Means he left his Estate much Involved & Incumber'd So that the House Jour- 
Petitioner cannot pay the Debts without Selling the Real Estate, and province 
therefore praying from this Court »Sueh allowance for her Relief as to Laws, x., 587, , 
their great Goodness and Bounty Shall Seem Meet. 

Read & In Answer to this Petition 

Resolved that the Sum of Fifty Pounds be allowed & paid out of the 
pul>lick Treasury to Coll" Eleazer Tyng & Capt Henry Farewell and by 

" This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 7. 



18 



Province Laws (^Resolves, etc. ) . — 1726-27. [Chaps. 33-35.] 



thein to be applied for Discharging So much of the Incumbrance on y* 
lieal Estate of tlie Said Capt John Lovewell dec"' And is in full of any 
Demands on this Province for any Services done by the Said Capt Love- 
well. \_Passed June 8. 



CHAPTER 33. 



Legislative 
Records of ttie 
Council, xiii., 
147. 

House Jour- 
nal, p. 28. 
Province 
Laws, X., 654, 
chap. 212. 



RESOLVE ALLOWING 20/ TO D« DAVIS & D« BULFINCH. 

An Accompt of D'' William Davis and D' Thomas BuUinch of ]\Iedi- 
cines and Attendance on Capt : Seth Wyman by Order of the Lieut : 
Governour and Council, Amounting to the Sum of £6. 

[Read and] 

Resolved that the further Sum of twenty Shillings be allowed and 
paid out of the publiek Treasury to D'' William Davis and D"^ Thomas 
Bulfinch, Which with the Sum of Three Pounds formerly allowed, Mak- 
ing in the Whole the Sum of Four Pounds is in full Discharge of the 
Within Accompt. \_Passed June 8. 



CHAPTEK 34 



VOTE FOR ALLOW' K TO V- SPEAKER OF Y*^ REPRESENTATIVES. 



Legislative 
Records of the 
Council, xiii., 
147. 

House Jour- 
nal, p. 23. 



Resolved that the Speaker of the House of Representatives for the 
Time being Shall have Such allowances made him out of the Publiek 
Treasury for his Extraordinary Services as Shall be agreed on and 
Ordered by this Court from Time to Time at the Close of each Ses- 
sion. \_Passed June 8. 



CHAPTER 35 



ORDER ON Y" PETITION OF JOSES BUCKNAM &c 

TOWN. 



OF NORTH CHARLES 



Legislative 
Records of the 
Council, xiii., 
145. 



House Jour 
nal, p. 32. 
Province 
Laws, x., 
chap. 424. 



26, 



On the Petition of Joses Bucknam Jacol) Wilson and Jonathan 
Barrett on Behalf of the 'J'own of Maiden and that Part of the Town 
of Charles Town on the North Side of Mistick River, praying [annex- 
ation to Maiden]. 

Ordered that the Inhabitants of Charles Town within y*^ Limits de- 
scribed in this Petition, with their Estates, And the Lands belonging 
to the Inhabitants of Maiden within the Same Limits be Sett off from 
the Said Town of Charlestown and joyned to the Town of Maiden to 
all Intents and purposes AVhatsoever, Provided that the Ferry called 
Penny Ferry with the profits thereof remain to the Said Town of Charles- 
town, And that the way on the North Side lately purchased by Charles- 
town ly open for the Use of the Said Ferry. ^Passed June 9.^ 

» This date is according to the House Journal; according to Legislative Records of the 
Council the date is June 7. 



[1st Se8s.] Province Laws (lie.solves, etc.). — 1726-27. 19 

CHAPTER 36. 

ORDER ON THE PETITION OF JOHN YEOMANS ESQ" FOR AN AFPEAL. 

A Petition of John Yeomans V^sq' Administrator of y® Estate of his Legislative 
late Wife Elizabeth Yeoinans Dec'^ formerly Elizabeth Shrimton Shew- coundf, xin!)^ 
ing that Eliz" Stoddard late Wife of Simeon Stoddard Eh([' and late ^-^'h i*<i- 
Widow and f^xecutrix of Coll" Samuel Shrimpton late of Boston Dec'^ House Jour- 
did by her last Will Devise unto her Grandaughter the Petitioners '^^' ' 
Intestate And unto the Heirs of her Body lawfully begotten Sundry 
Houses and Lands and Constituted her Said Husband Simeon Stod- 
dard Esq"' (to whom She also devised a Legacy of £500) and her 
Daughter in Law Elizabeth Shrimpton now" Eliz'' Stoddard (to whom 
She devised a Legacy of one Thousand Pounds) Executors of her 
Said Will during the Minority of her Said Grandaughter or Untill her 
Marriage, And to be her Guardians, during that Time, That in the 
Year 1713, There was an Accompt p]xhibited to the Judge of Pro- 
bates for the County of Suffolk of the Said Estate by the Said Ex- 
ecutors ; That in april 1720 there was exhibited by the Said Simeon 
Stoddard & David his Son (who. Intermarried with Elizabeth Shrimp- 
ton the other Executor) An Accompt wherein they Charge themselves 
with the Sum of £24,010. 2. 9 tlie Real Estate included & pray Allow- 
ance for the Sum of £6,318. IS. 4 And accordingly make up Acco'' 
with the Said Judge y*" 22*^ of April Afores'^ The Petitioners Intestate 
being then an Infant of the Age of Eighteen Years and none to appear 
on her part to Examin into the Justice & Reasonableness of the Said 
Acco' Her Guardians being the Said Executors, That the Petitioner 
Some time after Intermarried wnth the Said Intestate, and being a 
Stranger to the Laws and Customs of this Province, and his Atfairs 
Soon after calling him out of the Country, He lapsed the Time Limited 
by Law for Appeals, That he commenced an Action at the Common 
Law against the Said Executors in order to correct the Errors in their 
Said Accompt, But pending the Said Action the Plant*" & Def agreed 
to Execute Bonds of Submission for Re-Examining the Said Ace' The 
Arbitram' of the Referrees thereon to be final between them, and 
thereupon the Case was call'd out and Bonds drawn, but Elizabeth 
Stoddard one of the Executors refused to Sign them ; So that the 
Petitioner is now without Remedy in the Law, and therefore praying 
that he may be Enabled Still to Appeal from the Sentence of the Said 
Judge in allowing the Said Accompt, to the Hon''''' the Lieut' Gov- 
ernour and Council. 

Read again ^ together with the Answer of Simeon Stoddard Esq'' And 
the Petitioners Replication and the Same being fully Considered. 

Ordered that the Prayer of this Petition be Granted, Any Law Usage 
or Custom to the Contrary Notwithstanding. [^Passed June 9.' 



CHAPTER 37. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y^- GARRI- 
SON AT CASTLE WILL'^'. 

A Muster Roll of the Garrison at his Majesties Castle William under Legislative 
the Command of the Hon'''" William Dummer Esq' Containing an Acco' councif xm*** 

147. '' '' 

1 On the first reading an order of notice to the adverse party was passed by both houses. 

2 This date is according to the House Journal; according to Legislative Records of the 
Council the date is June 8. 



20 



Province Laws {Besolveft, etc. ) . — 1 726-2 7 . [Chaps. 38-40. ] 



House Jour- 
nal, pp.31, 32. 



of Wages due to them for their Service from y* 22'' of November 1725 
to the 22'' of May 1726 Amouutiug to the Sum of £522. 4. 2. 

[Read and Accepted aud] 

Resolved that the Sum of Five Hundred Twenty two Pounds four 
Shillings and Two Pence be allowed and paid out of the publick Treas- 
ury to the Officers and Soldiers born on this Roll in full Discharge 
thereof. [^Passed June 9. 



CHAPTER 38. 



RESOLVE ALLOWING PAYMENT ON L^' W-^' BRENTNAL MUSTER ROLL. 



Legislative 
Recorrls of the 
Council, xiii., 
147. Mass. 
Archives, xci., 
174^ 

Mass. 

Archives, xci., 
173. House 
Journal, p. 28. 



A Muster Roll of a Scout in his Majesties Service Westward under 
the Command of Lieut : Brentnall, Containing An Acco' of Wages due 
to them for their Said Service from the 17"' of August to the 27"* of 
October 1725 Amounting to the Sum of £156. 10. 3. 

Read and Accepted and 

Resolved That the slim of Seventy three pounds twelve shillings and 
one penny be allowed and paid out of the publick Treasury to M"" Joseph 
Stevens to be by him repaid to the officers & soldiers born on the within 
Roll, and the persons that have subsisted them in full discharge of the 
Wages and subsistence thereof. \_Passed June 9. 



CHAPTER 39. 



RESOLVE ALLOWING PAYMENT OF CAPT. JER: MOULTON'S MUSTER 

ROLL. 



Legislative 
Reconls of the 
Council, xiii., 
149. 

House Jour- 
nal, p. 28. 



A Muster Roll of the Company in his Majesties Sei*vice Eastw'' 
under the Command of Capt Jeremiah Moulton, Containing an Ac- 
compt of AVages due to them for their Service from the 24"' of Novem- 
ber to the 11"' of Jan'^' 1725 Amounting to the Sum of £124. 1. 7. 

[Read and Accepted, and] 

Resolved that the Sum of one Hundred and Twenty four Pounds one 
Shilling and Seven pence be allowed & paid out of the Publick Treas- 
ury to the Officers and Soldiers born on this Roll in full Discharge of 
the Wages thereof. [^Passed June 9. 



CHAPTER 40 



RESOLVE ALLOWING PAYMENT OF L^ ALLIS^'' BROWNS MUSTER ROLL. 



Legislative 
Records of the 
Council, xiii., 
149. 

House Jour- 
nal, p. 28. 



A Muster Roll of the Company in his Majesties Service Eastward 
under the Command of Lieut Allison Brown, Containing an Accompt 
of Wages due to the Said Company for their Service from the 20"" of 
November to y" 14 of Jan""-'' 1725, Amounting to the Sum of £89. 10. 7. 

[Read and Accepted, And] 

Resolved, that the Sum of Eighty Nine Pounds, Ten Shillings and 
Seven pence be allowed & paid out of the publick Treasuiy to the 

1 The House Journal reads, "Serjeant." 



[1st 8ess.] Province Laws {Resolves^ etc.). — 1726-27. 21 

Oflicers and Soldiers boni on tlic within Roll to whom the Same is 
due in full Discharge of the Wages thereof and that Subsistence be 
allowed to the Rev" M'' John Evelith. \_Fassed Jane 9. 



CHAPTER 41. 

RESOLVE ALLOWING £18. 12 TO EDW^ WINSLOW ESQ«. 

An Accompt presented by Edward Winslow Esq"" Sheriff of the Legislative 
County of Suffolk, For Sending Writts for Calling the Generall As- councn' xii^r 

seinbly and Proclamations into the other Counties, Sending P^xpresses loi^ 

and other Services for the Province, Amounting to the Sum of £18. 14. House Jonr- 

[Kead and Accepted, and] 

Resolved that the Sum of Eighteen Pounds and Twelve Shillings be 
allowed and paid out of the publick Treasury to the Accoinptant M"" 
Sheriff Winslow in full Discharge of this Accompt. [^Passed June 10. 



nal, p. 31. 



CHAPTER 42. 

RESOLVE ALLOWING £80 TO D« GEO: JACKSON. 

A Petition of D"" George Jackson of Kittery Shewing, That in the Legislative 
Month of July 1724, He fitted out a Vessel and enlisted a Number of councu'xn^,^ 

Men to go out in pursuit of the Indians, And that in an Engagement isj^ 

with them he was much wounded having two of his Ribs broken and House Jour- 
has been Exposed to great Pain and Expence in order to get a Cure '^'^'^'P-^^- 
praying an Allowance from this Court in Consideration thereof. 

Read [Accepted] and 

Resolved that the Sum of Eighty Pounds be allowed and paid out of 
the publick Treasury to the Petitioner Docf George Jackson, Twenty 
Six Pounds part thereof in Consideration of his Charge and Care iu 
Raising Twenty Men, and his taking up a Vessel to go in Quest of 
the Indian Enemy the Sum of Thirty four Pounds part thereof in Con- 
sideration of the Petitioners pain and Smart Medicines & Cure, The 
Residue and Remaining Sum of Twenty Pounds in Consideration of 
his Loss of Time Occation'd by y*^ Said Wounds making in the whole 
the aforesaid Sum of Eighty Pounds & In answer to the Said Petition 
in full. [^Passed June 10. 



CHAPTER 43. 

RESOLVE GRANTING TO L^ JOHN LARRABEE AN ADDITIONAL ADVANCE 
FOR VICTUALLING THE GARRISON AT CASTLE WILLIAM. 

A Petition of John Larrabee Victualler of the Garrison at his Majes- Legislative 
ties Castle William, Shewing that Since his last allowance from this councif xUi!^^ 
Court, the Price of all Kinds of provisions is So much advanced, that i52. 



he is like to be a great Sufferer, unless he be Relieved by Some Addi- House Jour- 
tion to the present Establishm' and therefore praying the Consideration proviiice' 
of this Court and Such Order thereon as they Shall think just Laws, x., 592, 

Read [Accepted] and '^ ^^' 



22 



Province Laws {Resolves^ etc.). — 1726-27. [Chaps. 44-4(>.] 



Resolved that there be allowed and paid out of the Publick Treasury 
after y* Rate of Six Pence per Man per Week to the Petitioner John 
Larrabee over and above the last Establishm' of Seven Shillings per 
Week from the twenty Third of November last to the Next Fall Ses- 
sions of the Court. \_Pussed June 10. 



CHAPTER 44. 



RESOLVE ALLOWING £4 TO THO^ HALLET. 



Legislative 
Records of tlie 
Council, xiii., 
152. 

House Jour- 
nal, p. 31. 



A Petition of Thomas Hallet of Yarmouth, Shewing that he had an 
Indian Servant named Joseph Crook enlisted into y*" Service and was [in] 
Capt Bourns and afterwards in Capt.lorduns Company, That he received 
a Wound in his Knee which Cost the Petitioner fifty two Shillings & 
Six pence for his Cure, praj'ing that he may be reimbursed that Sum 
out of the publick Treasury together with his own Necessary Charges 
in Travelling to and looking after his Said Servant, 

Read [Accepted] and 

Resolved that the Sum of Four Pounds be allowed and paid out of the 
publick Treasury to the Petitioner Thomas Hallet in Answer to the Said 
Petition. \_Passed June 10. 



Legislative 
Records of the 
Council, xiii., 
153. 

House Jour- 
nal, p. 32. 



CHAPTER 45. 

RESOLVE ALLOWING £10 TO CAPT W-^ CANADA. 

A Petition of Capt William Canada Commander of the Block House 
at S' Georges River praying the Allowance of his Accompts of Dis- 
bursments for Repairs of the Said Fort Necessarys for the Garrison 
& ExpcMices on divers Indians in their Travailing to Salem &c. 

[Read and] 

Rejoiced that the Sum of Ten Pounds be allowed and paid out of the 
publick Treasury to Capt William Canada in full Discharge thereof. 
[^Passed June 10. 



CHAPTER 46. 



RESOLVE ALLOWING £7. l.J TO JOS KNEELAND. 



Legislative 
Records ot the 
Council, xiii., 
153. 

House Jour- 
nal, p. 29. 



An Accompt presented by Joseph Kneeland Mason of Work done 
at the Province House with Materials amounting to the Sum of £7. 15. 

[Read and] 

Resolved that the Sum of Seven Pounds and fifteen Shillings be allowed 
and paid out of y"' Publick Tieasury to the Accomptaut Joseph Kneeland 
in full Discharge thereof. [_Passed June 10. 



[1st Sess.] Pkovince Laws {^Resolves, etc.). — 172G-27. 23 

CIIAPTEK 47. 

RESOLVE ALLOWING £21. G. TO COLL" JN" CHANDLER. 

An Accompt presented by John Chandler, of his Time & P^xpence Legislative 
iu Surveying a Tract of Province Land lying between Oxford Brook- councif.xiii.,^ 
field Brinfield &c, by Order of the Governm' Amounting to y"' Sum of ^J^ 

£21. 6. 6. House Jour- 

I- , nal, p. 34. 

[Kead andj Province 

Resolved that the Sum of twenty one Pounds Six Shillings and Six ^^ap! n.'' "''''^' 
Pence be allowed and paid out of the Publick Treasury to Major John 
Chandler to be by him paid to the Accomptant John Cliandler Escf in 
full Discharge of' taking the Survey Except Twenty Shillings paid to 
the Accomptant by the Inhabitants of Brimfield. \_Passed June 10. 



CHAPTER 48. 

VOTE ON FRAMINGHAM AFFAIR IN REGARD TO LOCATION OF MEET- 
ING HOUSE. 

Several Petitions from the Inhabitants of Framingham Respecting Legislative 
the placing of their Meeting House, and a Petition of Joseph Buck- councif, xn*'^f 
mister Esq"" Setting forth that the Place assigned by the Committee ^ 



for the Church is upon his Land, And therefore praying that Some Legislative 
other place may be Assign'd for Setting up the Said Church. Council, xiii.| 

[Read and] jl'iL^nai^p.'sT. 

Voted that the Order of this Court at their last Session relating to Province 
the Land for the Erecting the Meeting House in Framingham upon ^fap!432.' ^^^' 
be and hereby is declared to be Null and Void and of no Force, And 
neither of the Contending Parties in that Town Shall take any Ad- 
vantage by the Said Vote. [^Passed June 11.^ 



CHAPTER 49. 

ORDER GRANTING MARTHA WALTERS PETITION FOR ANNEXATION OF 
A FARM TO SUTTON. 

A Petition of Martha Walters AVidow of Richard Walters - late Legislative 
dec'i Richard Walters and Samuel Walters two of y^^ Children of The councu" xUi!!® 

first named Richard Walters and all Executors of his last Will and i^^^ 

Testament in Behalf of themselves, and the Other Children of y" Said House Jour- 
Richard Walters, Shewnng that Whereas this Court were pleased to province 
Order That the Farm the Petitioners Testator bought of the Hon''^" h^'^J'.^-'^^^' 
CoUo^ Tailer Should be laid out to the Town of Oxford and so to Con- 
tinue for Three Years, Which Terra is now elapsed, they have found 
much Inconvenience in being Set off to the Said Town of Oxford and 
therefore praying that as the Said Farm does not now belong to any 
Town It may be annexed to and accounted as part of the Town of 
Sutton. 

Read and 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council, the date is June 9. 

"^ Written "Waters'' previously. See Province Laws, x., 318, chap. 82. 



chap. 82. 



24 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 50-52.] 



Ordered that the Prayer of this Petition be Granted, And that the 
Said Farm together with y" Inhabitants thereon be and hereby are 
annexed to the Town of Sutton to do Duty therein and Enjoy Efjual 
Priviledges with the other Inhabitants of the Said Town of Sutton. 
\_Passed June 11. 



CHAPTEK 50. 



RESOLVE ALLOWING £13. 15 TO NOAH JOHNSON. 



Legislative 
Records of the 
Council, xiii., 
155. 

House Jour- 
nal, p. 36. 
Province 
Laws, X., 656, 
chap. 220. 



A Petition of Noah Johnson of Dunstable one of the Soldiers that 
was wounded at Pigwacket the last Year, whereby he has lost the Use 
of his Hands and has been at very considerable Charge for curing his 
Said Wounds Since his last Allowance from this Court, And therefore 
pi'aying the further Compassionate Consideration of this Court for his 
Relief. 

Read [and Accepted] and 

Resolved that the Sum of The Sum of ^ Thirteen Pounds fifteen Shil- 
lings- be allowed and paid out of the pul)lick Treasury to the Petitioner 
Noah Johnson Three pounds fifteen and Six Pence to Discharge the 
Doctors Bill and Ten Pounds in Considei'ation of his pain and loss of 
Time Occation'd by his Wounds, which break out again and are now 
open. [_Passed June 13. 



CHAPTEK 51. 



RESOLVE ALLOWING PAYMENT OF CAP: 

ROLL. 



JOSIAH WILLARDS MUSTER 



Legislative 
Records of the 
Council, xiii., 
156. 

House Jour- 
nal, p. 21. 



A Muster Roll of the Company in his Majesties Service AVestward 
under the Command of Capt Josiah Willard containing an Acco' of 
Wages due to them for their Service from Nov"^ 11 to Jan"'^' 4, 1725 
together with their Subsistance the Said Time amounting to y^ Sum 
of £171. 3. 5. 

[Read and] 

Resolved that the Sum of one Hundred Seventy one Pounds three 
Shillings and five pence be allowed and paid out of the Publick Treas- 
ury to the Officers & Soldiers born on the Within Roll and the i)ersons 
that have Subsisted them in full Discharge of the Wages and Subsist- 
ance thereof. \_Passed June 13. 



CHAPTER 5 2 



RESOLVE ALLOWING PAYMENT OF CAPT. JOHN GYLES MUSTER ROLL, 

FORT GEORGE. 



Legislative 
Records of tlie 
Council, xiii., 
156. 

House Jour- 
nal, p. 38. 



A Muster Roll of the Garrison at his Majesties Fort George at 
Brunswick under the Command of Capt: John Gyles, containing an 
Acco' of Wages due to them for their Service from y^ 4"" of Nov' to y^ 
13"' of January 1725 Amounting to the Sum of £71. 9. 3. 

[Read and Accepted, and] 

> Sic. 

* The House Journal reads, £13. 15. 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 25 

Resolved that the Sum of Seventy one Pounds, Nine Shillings and 
Three pence be allowed and paid out of the publick Treasury to the 
Oflicers and Soldiers born on this Roll in full Discharge thereof. 
\_Passed June 13. 



CHAPTER 53. 

RESOLVE ALLOWING PAYMENT OF CAPT. JOHN GYLES MUSTER ROLL, 
S'' GEORGES RIVER. 

A Muster Roll of the Garrison in his Majesties Service at y<^ Block R|^or^g"jf®the 
House on S' Georges River under the Command of Capt. John Gyles council, xm., 

containing an Acco' of Wages due to them for their Service from the ^— 

14"^ of Jan^y 1725 to June 9* 1726 Amounting to the Sum of £162. 3. 1. SiTp^ ss."""' 

[Read and Accepted, and] 

Resolved that y'^ Sum of one Hundred Sixty Two Pounds Three Shil- 
lings and one Penny be allowed and paid out of the publick Treasury 
to y"" Otticers and Soldiers born on the Within Roll to whom the Same 
is respectively due in full discharge of the Wages thereof. [^Passed 
June 13. 



CHAPTEE 54. ' 

RESOLVE ALLOWING £13. 7. 7 TO CAP: JOHN GYLES. 

An Accompt presented by Capt John Gyles of Disbursements at Fort ]^|fords^o( ^ijg 
George for Cord Wood, Mending of Gun Carriages &. Expeuces on council, xiii., 

divers penobscot Indians, amounting to y*^ Sum of £13. 08. 7. ^^ 

[Read and Accepted, and] Suyp*: 38°'^' 

Resolved that the Sum of Thirteen Pounds Seven Shillings and Seven 
pence be allowed and paid out of the publick Treasury to the Said 
Capt John Gyles iu full Discharge thereof. [Passed June 13. 



CHAPTEE 55. 

RESOLVE ALLOWING £181. 16. 2 TO L'^ JOHN LARRABEE AND GRANTING 
HIM AN ADVANCE OF £200. 

An Accompt presented by L* John Larrabee Of Victualling y'' Garri- ^®"^^d*^^f th 
son at his Majesties Castle AYilliam from the 22*^ of Novemb' 1725, to council, xiii., 
y« 22 of May 1726, Ballance whereof in his Favour is £181. 16. 2. l^L . 

Read and Accepted and House Jour- 

Resolved that M"" Treasurer Allen be directed to pay the Sum of One ^nie, p.-ii, 
Hundred Eighty one Pounds Sixteen Shillings and two pence out of ^^'^^' *^" 
the publick Treasury to the Accomptant Lieut John Larrabee, being 
the Ballance of this Accompt. And further to Enable the Said John 
Larrabee to Victual the Garrison at his Majesties Castle William accord- 
ing to the last Establishment. It is 

Resolved that M'' Treasurer Allen be and hereby is directed to pay 
and Advance to Lieut. John Larrabee the Sum of Two Hundred Pounds 
for Victualling the Said Garrison according to the Said Estal)lishment, 
Taking Security from him for the true and f aithf ull performance thereof. 
\_Passed June 13. 



26 



Pkovince Laws (^Resolves, etc.). — 1 726-2 7 . [Chaps. 56-58 . ] 



CHAPTER 56. 



RESOLVE ALLOWING £8 TO MARY ARMSTRONG. 



Legislative 
Records of the 
Council, xiii., 
167. 

House Jour- 
nal, p. 39. 



A Petition of Mary Armstrong Widow, Shewing that Lieut James 
Armstrong while in the Service at S' Georges River obtained a Furlow 
to go to Boston in Order to get Cured of an Indisposition, and at the 
Expiration of his Furlow return'd to his Duty, tiiough then Sick, of 
W''' Sickness he died ; that his Wages were Struck off for the Time of 
his Absence, and praying that he may be allowed the Said Wages & 
What also for the Relief of her Self and her four Small Children this 
Court in their great Goodness Shall Judge Meet. 

Read and 

Resolved, that in Answer to this Petition, the Sum of Eight Pounds 
be allowed & paid out of the publick Treasury to the Petitioner Mary 
Armstrong in Consideration of So much formerly detained from her 
late Husband James Armstrong for his Wages. \_Passed June 13. 



Legislative 
Records of the 
Council, xiii., 
157. 

House Jour- 
nal, p. 38. 



CHAPTER 57. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF Y^ GARRISON 
AT FORT GEORGE & MAQUOIT. 

A Muster Roll of the Garrison at his ^Majesties Fort George at 
Brunswick under the Command of Capt. William Woodside. Contain- 
ing an Accot of Wages due to them for their Service from Nov"^ 10, 
1725 to June 8, 1726, Amounting to the Sum of £1.51. 1.5. 2 together 
w"' the AY ages due to the Garrison at Maquoit under y'' Command of 
Ensign James Woodside from Nov"' 23, 1725 to June 8"" 1726 Amount- 
ing to the further Sum of £77. 0. 10, 

[Read and Accepted, and] 

Resolved that the Sum of Two Hundred and Twenty One Pounds 
thirteen Shillings and one penny be allowed and paid Out of the pub- 
lick Treasury to y" Officers and Soldiers born on the AVithin Roll to 
whom the Same is due in full Discharge of the Wages thereof. [^Passed 
June 13. 



CHAPTER 58. 



RESOLVE ALLOWING 32' TO JA: WOODSIDE. 



Legislative 
Records of the 
Council, xiii., 
158. 

House Jour- 
nal, p. 38. 
Infra, chap. 59. 



An Accompt of Ensign James Woodside of Whale Boat Oars pro- 
vided and Expence in mending Whale Boats, Amounting to y Sum of 
£1. 12. 

[Read, and Accepted, and] 

Resolved, that the Sum of Thirty two Shillings be allowed and paid 
out of the publick Treasury to y" Accomptaut James Woodside in full 
Discharge thereof. \_Passed June 13. 



[1st Sess.] Province Laws (Besolves, etc.). — 1726-27. 27 

CHAPTER 59. 

RESOLVE ALLOWING £4. 4 TO JA: WOODSIDE, 2^ ACCOt. 

An ACCOM i>t presented by Ens: James MVoodside of Cord Wood R|^oi'isof the 
by him Supplyed the Garrison at Brunswick, Amounting to y*^ Sum Council, xiii., 

of £4. 4. ^^ 

[Read and Accepted, and] "a^p'^S'^'^' 

liesolced. That the 8um of four Pounds four Shillings be allowed supra, ahaii. 
and jiaid out of the publick Treasury to the Said James ^ Woodside ^' 
in full Discharge thereof. [Passed June 13. 



CHAPTER 60. 

RESOLVE ALLOWING £27. 17. 6 TO ROBERT AUKMUTY ESQ«e. 

A Petition of Robert Aukmuty Esq"" praying that this Court wou'd R|fords*of the 
reimburse him y*^ Charges he has been at in the prosecution of Capt. council, xiii., 

Adijah Doway (for false Musters) by Order of the Governm' & make }!^ 

him Such allowance for his Pains and Service therein as they Shall ^^j^pp'^s^'gg 

Judge Meet. Province \ 

Read & in answer to this IMemorial chap!'4'5.'' ° ' 

Resolved that the Sum of Twenty Seven Pounds Seventeen Shillings 
and Six pence be allowed and paid out of the publick Treasury to the 
Said Robert Aukmuty Esq"" and by him repaid to y*^ Persons to whom 
the Same is respectively due to Discharge y^ Bill of Costs within men- 
tioned, & to pay the Witnesses Summoned by the Memorialist and to 
Satisfie him for his Service. \_Passed June 13. 



CHAPTER 61. 

RESOLVE CONFIRMING A PLAT OF 100 ACRES OF LAND TO JOHN KENT. 

A Plan of one Hundi-ed Acres of Land lying on y*^ South Side of £*^g'si?"^^,^ 
Stony Brook in Suffleld protracted and Surveyed by a Surveyour and council, xiii., 

Chain Men under Oath to Satisfie a Grant made to M"' John Kent by ^^ 

this Court for the Considerations therein Mention'd was presented for House Jour- 

i nal, p. 39. 

Confirmation. Province 

Read & Accepted & ^h^^.'-m. ^~' 

Resolved that y*" Land protracted and Described be and hereby is 
Confirmed unto the Said John Kent his Heirs and Assignes forever, 
Provided it does not Contain more than one Hundred Acres nor does 
not interfere on any former Grant. [^Passed June 13. 

> The House Journal reads, " William. 



28 



Province Laws (Besolves, etc.). — 1726-27. [Chaps. 62-65.] 



Legislative 
Records of the 
Oouncll, xiii., 
159. 

House Jour- 
nal, p. 36. 



CHAPTER 62. 

ORDER ON CHELMSFORD PETITION, ANNEXING WEMASSET. 

A Petition of the Select Men of the Town of Clemsford ^ in Behalf 
of y^ Said Town, Praying that a certain Tract of Land called Wernasset, 
with the Inhabitants thereon may be annexed to Clemsford,' & be Sub- 
jected to pay all Rates and Taxes there as other Inhabitants. 

Read & 

Ordered that the Prayer of the Petition be so far granted, That the 
Tract of Land called Wamaset & y'' Inhabitants thereon be & hereby 
are Annexed to & accompted as part of y'' Town of Clemsford.^ [^Passed 
June 13. 



CHAPTER (33. 



Legislative 
Records of the 
Council, xiii., 
159. 

House .Jour- 
nal, p. 31. 



RESOLVE ALLOWING £23. 10 TO D» JOS PEIRCE. 

An Accompt presented by D' Joseph Peirce Of the Care of Elea: 
Davis one of the Soldiers under Capt John Lovell wounded by the 
Indians at Pigwaket, Amounting to the Sum of £23. 10. 

[Read and Accepted, and] 

Resolved that the Sum of Twenty Three Pounds ten Shillings be 
allowed and paid out of the publick Treasury to the Accomptant D' 
Joseph Peirce in full Discharge thereof. \_Passed June 13. 



Legislative 
Records of the 
Council, xiii., 
159. 

House Jour- 
nal, p. 38. 



CHAPTER 64. 

RESOLVE ALLOWING £5. 11. 5 TO CAPT JOHN GYLES. 

A Memorial of Capt. John Gyles praying Some Consideration and 
Allowance from this Court for his Extraordinary Service in Interpret- 
ing and Managing other Transactions with y*^ Indians by Order of y* 
Governm' And that he may have a Yearly Allowance as Interpreter 

Read [and Accepted] and 

Resolved that y"^ Sum of Five Pounds Eleven Shillings and five pence 
be allowed and paid out of the publick Treasury to the Memorialist 
Capt John Gyles for his Extraordinary Service as Interpreter &c at 
S' Georges River being after y*" Rate of Forty Shillings per Month. 
\_Passed June 13. 



CHAPTER Q!^. 



RESOLVE ON INDENT OF STORES FOR CASTLE W^. 

Records'jf tiie An Indent presented by William Barnslade Master Gunner of his 
Council, xiii., Maj" Castle William of Sundry Stores necessary at S^ Castle. 

— '- [Read and] 

na°i!'p!36."" Resolved, that M"- Treasurer be Directed to Supply the Stores for y* 

Said Garrison according to the Within Indent. \^Passed June 14. 

• The House Journal reads, " Chelmsford." 



[1st Sess.] Province Laws {Resolves^ etc.). — 172(3-27. 29 

CHAPTER (SQ. 

RESOLVE ALLOWING £13. 10 TO JOHN SMITH & £12 TO SAM'-'- BARNARD. 

A Muster Roll of the Scout or Guard in his Majesties Service in Legislative 
the Town of Hadley, [Province Laws, x., 669, chap. 260]. counnf x»f® 

[Read and] ^6i. 

Resolved that the Sum of Twenty five Pounds ten Shillings be House Jour- 
allowed and paid out of the publick Treasury to Eleazer Porter Esq"", Prijvince 
Thirteen Pounds ten Shillings part thereof to be by him paid to John ^^''"^'o^q'^*'^' 
Smith, and the Remaining part to Samuel Barnard Jun'' in full for their 
Wages & Subsistence for the Time they were born on the within Roll 
of Capt Samuel Barnard. [^Passed June 14. 



CHAPTER 67. 

RESOLVE ALLOWING £15. 13. 10 TO SHER: WINSLOW'S ACCO^. 

An Accompt presented by Edward Winslow Esq'' Sheriff of y" County Legislative 
of Suffolk, of Expences for Celebrating his Majesties Birth Day in the councfi' xm.^^ 
Court House, Amounting to the Sum of £15. 13. 10. it>2. 

[Read and] House Jour- 

Resolved that the Sum of Fifteen Pounds thirteen Shillings and ^Anie,'-^%, 
ten pence, be allowed and paid out of the publick Treasury to the t'liap. 7. 
Accomptant Edward Winslow Esq'' in full Discharge of the Said Ac- 
compt. \_Passed June 14. 



CHAPTER 68. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF Y^' GARRI- 
SON AT FORT DUMMER. 

A Muster Roll of the Garrison in his Majesties Service at Fort Legislative 
Dummer under the Command of Capt Timothy Dwight containing an councif.xiii.,^ 
Accompt of Wages due to them for their Service from Dec"" 1, 1725, ^ 



to May 31, 1726, Amounting to the Sum of £299. 9. 10 together with ^^^^j"®^ fg'*^'"- 
their Subsistence y*' Said Time, Amounting to the further Sum of £159. ' ^' 
13. 11. 

[Read and Accepted, and] 

Resolved that the Sum of four Hundred and Nine Pounds three Shil- 
lings and Nine pence be allowed and paid out of the publick Treasury 
to Elezer Porter P^sq'' to be by him paid to Capt Timothy Dwight & 
by him to be repaid to the Officers and Soldiers born on the AVithin 
Roll and the person or persons that have Subsisted them in full Dis- 
charge of the Wages and Subsistence thereof, Agreable to the Com- 
ittees Report thereon. [Passed June 14. 



30 



Pkovince Laws {Resolves, etc. ). — 1 726-2 7 . [Chaps. 69-7 2 . ] 



CHAPTER 69 



Legislative 
Recoids of the 
CouiK'il, xiii., 
162. 

House Jour- 
nal, p. 21. 



RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF Y« GARRI- 
SON AT S'^' GEORGES RIVER. 

A Muster Roll of the Garrison in his Majesties Service at y' Block 
House on S' Georges River, under the Command of CaptAVilliam Canada, 
Containing an Acco' of Wages due to them for tlieir Service from Nov' 
23, 1725, to April 14, 1726, Amounting to y*= Sum of £256. 15. 6. 

[Read and Accepted, and] 

Resolved that the Sum of Two Hundred Thirty Nine Pounds ten Shil- 
lings be allowed and paid out of the publick Treasury to y" Officers and 
Soldiers born on the within Roll to whom it is respectively due in full 
Discharge of the Wages thereof. \_Passed June 14. 



CHAPTER 70. 



Legislative 
Records of the 
Council, xiii., 
16-2. 

Legislative 
Records of the 
Council, xii., 
421. House 
Journal, p. 38. 



RESOLVE ALLOWING £43. 10 TO JOS BANE. 

An ACCOM pt presented by L' Joseph Bane of Wages due to him for 
his Service in the Eastern Parts as Interpreter &c from Nov"" 21, 1725 
to June 11, 1726, Amounting to y^ Sum of £43. 10. 

[Read and Accepted, and] 

Resolved that the Sum of Forty three Pounds ten Shillings be allowed 
and paid out of the publick Treasury to the Accomptaut Joseph Bane 
in full Discharge thereof. \_Passed June 14. 



CHAPTER 71. 



Legislative 
Records of the 
Council, xiii., 
162. 



RESOLVE ALLOWING 10/ 6 TO RICHi^ DOWEL. 

An Accompt presented by Richard Dowell of Ferryage of Expresses, 
Man and Horse over Newbiiry Ferry from y'' 2P' of August 1723 to the 
21 of May 1726, Amounting to the Sum of £0. 10. 6. 

[Read and] 

Resolved that the Sum of Ten Shillings & Six pence be allowed and 
paid out of the publick Treas'-^' to Lieut : Coll" Richard Kent, and be by 
him repaid to y'^ Accompt* Richard Dowell in full Discharge thereof.* 
[^Passed June 14. 



CHAPTER 72. 



Legislative 
Records of the 
Council, xiii., 
164. 

House .Jour- 
nal, p. 28. 



RESOLVE ALLOWING £2i. 6 TO D" GEORGE PEMBERTON. 

An Accompt presented by D' George Peraberton of Medicines and 
Attendance on the Garrison at his :Majesties Castle William from 
October, 27, 1725 to may 6, 1726 Amounting to the Sum of £24. 6. 

[Read and] 

Resolved that the Sum of Twenty four Pounds Six Shillings be allowed 
and paid out of the publick Treasury to the Accomptant D"" George 
Pemberton in full Discharge thereof. [Passed June 14. 

> Not found in the House JournaL 



[1st Sess.] Province Laws {liesolves, etc.). — 172G-27. 31 



CHAPTEK 73. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP MERRY 
MEETING CAPT: THO^ SANDERS. 

A Muster "Roll of the Sloop INIerry Meeting Capt Thomas Sanders ^||^^j.ifg"j«^j,g 
Master (a Transport in his Majesties Service Eastward) Containing an councif.xiii..^ 

Acco' of Wages due to y" Said JMaster and Company for their Service ]^ 

from Nov 27, 1725, to June 10, 1726, together with the Hire of the House Jour- 
Said Sloop the Said Time, Amounting to the Sum of £280. "^'^ '^' 

[Read and Accepted, and] 

Resolved that the Sum of Two Hundred and Eighty Pounds be 
allowed and paid out of y'' publick Ti-easury to the Said Thomas Sanders 
in full for the Wages and Sloop Hire of y^ Said Sloop and to Discharge 
the Said Roll. [Passed June 14. 



CHAPTER 74. 

ORDER ON CAPT JN^ GYLES'S PETITION IN REGARD TO AN APPEAL. 

A Petition of Capt John Gyles of S' Georges, praying that he may Legislative 
be allowed to Review an Action (Originally brought by him against council^, xiii.,^ 
John Goddard of Roxbury) at the Next Superiour Court to be held at ^^4, leo. 
York for the County of York, The Petitioner being call'd out by Default House Jour^^ 
at the last Superiour Court held there, for that he was Obliged to Attend °* ' ^^^^' '' 
his Majesties Service at S' Georges and his Attorney M"' Waldron Sent 
by the Governm' of New Hampshire to Penny Cook 

[Read and] 

Ordered that the Justices of the Superiour Court of Judicature be 
Impowered and Directed at their Next Session to be holden at York 
for the County of York to hear and Determine y*" Appeal of John God- 
dard refer'd to in this Petition, and that in Case of y*" Said Goddard's 
failing to prosecute his Appeal & y^ Petitioners filing his Complaint the 
Said Justices are to proceed according to the Directions of the Law iu 
Cases where y*" Appell" fail to prosecute their Appeal, Provided the 
Petitioner Serve y^ Adverse Party With a Copy of this Order at least 
thirty Days before y" Sitting of the S** Court, The Petitioner to pay the 
Costs of the last Superiour Court, the other Costs to follow the final 
Event of the Said Action ; Any Law Usage or Custom to the Contrary 
Notwithstanding. \_Passed June 15.^ 



CHAPTER 75. 

RESOLVE FOR PROVIDING GOODS W' ANTING FOR THE INDIAN TRADE. 

An Estimate of Sundrys wanted_at S' Georges, According to M'' Rfford^Jfthe 
Mountforth Acco' Amounting to y^ Sum of £840 And of Sund''' Wanted Couucii.xiii., 
at Richmond Fort, According to Capt Heath's Acco' Amounting to y" ^^*' 



Sum of £240 for y« Indian Trade, presented by M' Treas-" Allen. na^P^. 44 "''' 

[Read and] Province 

Resolved that M' Treasurer be and hereby is Ordered and Directed ^fap!367'; 745, 
to Advance out of the Treasury The Sum of One Thousand and Eighty ci^ap. 48i. 

> This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 14. 



32 



Province \^a\\'^ {Resolves, etc.). — 1726-27. [Chaps. 76-7«.] 



Pounds, and Invest the Same in Such Goods and in Such Proportion 
as is within Express'd And the Said Goods be forthwith put on Board 
the Sloop Merry Meeting Thomas Sanders Master, & Consign'd to 
Mess" Edmund Mountforth and Joseph Heath on the Acco' of this 
Province, That the Treasurer give them the Same Orders and Instruc- 
tions for the Sale of the Said Goods to the Indians, Which were given 
to them for the Sale of y"' Goods before Sent them and that M' Treas- 
urer be also Ordered & further Directed to reimburse. To reimburse^ 
the Treasury the Sum Advanced As Soon as the proceeds of the Goods 
he now has or Shall have from y" Truck Masters Eastw*^ can be Con- 
verted into Bills. \_Passed Jane 15. 



CHAPTER 76 



RESOLVE ALLOWING £36. 12 TO LUKE VARDY. 



Legislative 
Records of tlie 
Council, xiii., 
165. 

House Jour- 
nal, p. 46. 



An Accompt presented by Luke Vardy Tavern keeper of y* Charge 
of Dining his Honour the Lieut: Govern"" and y* Council &,^ on y* "25"' 
of May last, being the Day for y*" Election of Councellors amounting 
to the Sum of £41. 12. 

[Read and] 

Resolved that the Sum of Tliirty Six Pounds Twelve Siiillings be 
allowed and paid out of y" publick Treasury to y' Accompt' Luke Vardy 
in full Discharge thereof. [^Passed June 15. 



CHAPTER 77 



RESOLVE ALLOWING £4. 13. 6 TO JOHN DORRELL. 



Legislative 
Records of the 
Council, xiii., 
165. 

House Jour- 
nal, p. 46. 



A Memorial of John Dorrell Deputy Sheriff praying allowance of 
Cash paid to Drummers for Bi-ating at the Time of publishing of y^ 
Acts of y*" General Assembly, as also for his own Service in publish- 
ing them Amounting to the Sum of £7. 13. 6. 

Read & 

Resolved that y^ Sum of Four Pounds thirteen Shillings and Six- 
pence be allowed & paid out of y^ Publick Treasury to y" Accompt' 
John Dorrell In full Discharge thereof. \_Passed June 15. 



CHAPTER 78. 



RESOLVE ALLOWING £5. 18. 8 TO CAPT RICHB BOURN. 



Legislative 
Records of the 
Council, xiii., 
166. 

House Jour- 
nal, p. 46. 



An Accompt presented by Capt : Richard Bourn of his Charges on 
Divers Witnesses Ordered by the Justices of the Superiour Court to 
be Conveyed to York & to appear at y*" Trial of an Indian for Murther 
Amounting to the Sum of £5. 18. 8. 

[Read and Accepted, and] 

Resolved that y'' Sum of Five Pounds Eighteen Shillings and Eight 
pence- be allowed & paid out of y" Publick Treasury to the Accompt- 
ant Capt Rich** Bourn in full Discharge thereof. \_Passed June 15. 

» Sic. 

' The House Journal reads, £5. 18. 



[1st Sess.] Province Laws {Mesolves, etc.). — 1726-27. 33 



CHAPTEK 79. 

RESOLVE ALLOWING £35. 18 TO DAVID MELVIL. 

A Memokial of David Melvil Goal Keeper in Boston, Praying Allow- Legislative 
ance of bis Disbursements in keeping divers Indian Prisoners as also couucif.xiii.,*^ 

Charges of the Sickness and on the Burial of Sevei'al of them who ]^ 

Sickned and died in his Custody, Amounting to y*^ Sum of £38. 13. 6. House Jour- 



[Read and Accepted, and] 

Resolved that the Sum of Thirty five Pounds Eighteen Shillings be 
allowed & paid out of y*^ publick Treasury to y'' Accomptant David 
Melvil in full Discharge thereof. \_Passed June 15. 



nal, p. 46. 



CHAPTER 80. 

ORDER FOR A COM™e qn Y''' PETITIONS OF DUXBURY & MARSHFIELD 
WITH A REFERENCE TO NEXT FALL SESSION. 

A Petition of Sundry Inhabitants of the Town of Duxbury in y^ Legislative 
County of Plimouth, Praying that the South Part of Marshfield & Dux- Council', xiii., 

bury may be Erected into one Parrish or all of Duxbury excepting ten ^ 

or Twelve Families next to Jones's River ^T^^'^s^'ss 

A Petition of the Inhabitants of the middle & other parts of y'^ Town 41. ' ' * ' 
of Marshfield, praying that the Inhabitants lying to y'' Southw"^ of the 
South River in Said Town may be annexed & Joyned into one Parrish 
wuth the Southerly Part of Duxbury : 

In the House of Representatives, In Answer to y*" two Petitions of 
Sundry of y*" Inhabit" of Duxbury and Marshfield. 

Ordered that the Said Petitions be referr'd to y"* Next Fall Sessions 
of this Court, And in the Mean Time, That Major Quincy M"" Bourn & 
M"" White with Such as the Ilon''''^ Board Shall appoint be a Committee 
to repair to the Towns of Duxbury and Marshfield, giving Seasonable 
Notice to those Towns of their Comming, That they View & Consider 
the Scituation & Circumstances of those Towns & hear the T*leas & 
Allegations that may be Offered on both Sides, That they make Report 
of their Oppinion What may be proper for y" Court to do in Answer 
thereto, The Charge to be born by the Petitioners, & in the mean Time 
y*" Northerly part of y'-' Town of Marshfield desist from building a House 
for y-^ Publick Worship of God. 

In Council Read and Concur'd, And the Hon'''" William Tailor Esq"" 
& Spencer Phips Escf are added to y'' Committee of y*" House for y^ 
Affair Above. \_Passed June 15. 



CHAPTER 81 



ORDER ON V^ PETITION OF CAP: JOS: WINSLOW^ &c, IMPOWERING HIM 
AND OTHERS TO BRING FORWARD A WRIT OF EJECTMENT AS TO 
LAND TAKEN BY RULE OF COURT. 

A Petition of Capt Josiah Winslow his Sou Josiah Winslow and Legislative 
Elisha Blackman, Shewing that whereas they were impowered by an Councff, xiiil!^ 
Act of the General Court to Contest in the Law y'^ Validity of a Rule ^^^' ^^'•' 



34 



Province Laws {Resolves, etc. ) . — 1726-27, [Chap. 82.] 



House Jour- 
nal, pp. 46, 47, 
51. Province 
Laws, X., 519, 
chap. 247. 



of Court by them enter'd into, at the Superiour Court for the County 
of Bristol in September 1721, Upon au Action of Trespass and Ejectni' 
originally brought by Timothy Lindall Esq"' against James Cudworth 
and David Cudworth And the Award of the Keferree's and the .Judg- 
ment of the Court thereupon. By reason of their Repeated Mistakes, 
they have not been able to bring the Matter to a New Trial in the 
Superiour Court, And therefore praying they may be again Impowered 
to Contest in the Law^ y*^ Said Rule of Court, Award of the Referrees 
and Judgment of the Court And that the Justices of the Said Court 
may be accordingly Authorized to hear and Determine the Same. 

Read and 

Ordered that the Petitioner Josiah Winslow in Behalf of himself his 
Son Josiah and Elisha Blackman, be Allowed and Impowered to bring 
forward his Writ of Ejectment at any 'J'iine within Twelve Months next 
Ensuing to the Inferi'' Court of Common Pleas at Bristol for the Count}' 
of Bristol to try his Title to Such Houses and Lands as have been taken 
from him by Vertue of the Rule of Court and Judgment thereon men- 
tioned in the Petition, And either Party to have the l^>enetit as well of 
an Appeal as of a Review, And the Justices of the Inferiour & Superi"^ 
Courts respectivel}^ are hereby Impowered and Directed to hear & deter- 
mine the Said Cause According to Law, And the Said Rule of Court 
and Judgment thereon is no ways to Affect the Title of either Party 
upon the Tryal, And the Said Josiah Winslow is to have the Benefit 
of this Order So far as concerns his own Lands Altho ; the other Peti- 
tioners Should disavow the Action any Law Usage or Custom to the 
Contrary Notwithstanding. [Passed June 16. 



Legislative 
Records of the 
Council, xiii., 
168. 

House Joxir- 
nal,pp. 44, 45. 
Province 
Laws, i., 16; 
X., 725, chap. 
421. 



CHAPTEK 82. 

RESOLVE FOR SUPPLY OF V- TREASURY WITH £20,000 AND PROVIDING 
SECURITY. £5,000 IN 1731; £5,000 IN 1732; £5,000 IN 1733; £5,000 IN 1734. 

Pursuant to the Directions in y^ Royal Charter in that Clause or 
Paragraph Impowering Court to impose and Levy proportionable and 
reasonable Assessments Rates and Taxes, 

Jiesolved that the Treasurer be and hereby is Impowered & Directed 
to Issue forth and Emit the Sum of Twenty Thousand Pounds in Bills 
of Credit on this Province, for the Necessaiy Defence & Support of 
this Governm' & y"" Protection & Preservation of the Inhabitants thereof 
(The Said Twent}^ Thousand Pounds being already put into the Hands 
of the Treasurer by the Committee appointed to make y"" Same at the 
Session of this Court held in November last) To be Issued & Disposed 
of by Warrant under the Hand of the Lieut' Govern"" or Commander in 
Chief for the Time being with the advice & Consent of the Council. 

Nineteen Thousand two Hundred Pounds whereof Shall be applied 
for the Uses Intents and purposes in this Resolve hereafter Expressed 
Viz : for y" Payment of All Grants, Premiums & Stipends established 
b}' Law, Eor the Defraying and Paying y*" Charges of Castle William 
& the other Forts and Garrisons, Transports, INIuster Rolls of Soldiers 
& Sailors, Allow^anees &c. and all other Accompts of Charges Allowed 
and pass'd on for payment by this Court 

And that the Sum of Eight Hundred Pounds, being y*" Residue and 
remaining Part of the Said Sum of Twenty Thousand Pounds Shall be 
applied for the Payment of Expresses dispatch'd in the Service of this 
Government in y*" Recess of this Court, together with all other Neces- 
sary unforeseen Charges that Demand prompt Payment, W*^*" Shall arise 



[1st Sess.] Province Laws (liesohes, etc.). — 1726-27. 35 

in the Recess of the Court as afores*^ Provided Alwayes that the Several 
Draughts made upon the Treas'' afores*" Express and Declare out of 
Which of the two Several Sums afore mentioned the INIoney is to be 
paid. And the Said Bills Shall pass out of the Treasury at the 

Value therein P^xpress'd P^quivalent to money, And Shall be taken and 
& Accepted in all pnblick Paym''' 

And that the Duties of Impost and Excise together with all other 
publick Incomes Shall be a Fund & Security for y*" Annual Paym' and 
Drawing in of S'^ Bills into y^ Treasury again, So far as y*' Same will 
reach ; 

And as a further F'und and Security for the Same : 

It is further 

Resolved that there be and hereby is Granted to his most Excellent 
Majesty for the P^nds and Uses afores'* & for no other Ends and Uses 
whatsoever, A Tax of Five Thousands Pounds to be levied upon Polls 
and Estates both Real & Personal within this Province, According to 
Such Rules & in Such Proportion upon the Several Towns & Districts 
within the Same as Shall be agreed on & Ordered by y^ Great & General 
Court or Assembly of this Province at their Session in May one Thou- 
sand Seven Hundred and Thirty one & paid into the Treasury on or 
before y*^ last Day of December next after. 

And that the further Sum of Five Thousand Pounds be Levied upon 
the Polls and Estates both Real and personal within this Province 
According to Such Rules and in Such Proportion upon the Several 
Towns & Districts within the Same as Shall be agreed on, & ordered 
by y^ Great and General Court or Assembly of this Province at their 
Session in May One Thousand Seven Hundred and Thirty two, and 
paid into y® Treasury on or before the last Day of December Kext 
after. 

That the further Sum of Five Thousand Pounds be levied upon Polls 
and Estates both Real and Personal within this Province According to 
Such Rules and in Such Proportion upon the vSeveral Towns & Districts 
within the Same as Shall be agreed on and Ordered by y'^ Great and 
General Court or Assembly of tliis Province at their Session in May 
One Thousand Seven Hundred and Thirty Three and paid into y* 
Treasury on or before y'' last Daj^ of December Next after 

And that the further Sum of Five Thousand Pounds, being the 
Remainder of the aforesaid Twenty Thousand Pounds be levied upon 
Polls and P^states both Real [& Personal]^ within this Province, Accord- 
ing to Such Rules and in Such Proportion upon the Several Towns and 
Districts within the Same as Shall be agreed on and Ordered by the 
Great & General Court or Assembly of this Province at their Session 
in May one Thousand Seven Hundred and Thirty Four and paid into 
y*" Treasury on or before y" last Day of December next after. \_Passed 
June 16. 



CHAPTER 83. 

RESOLVE ALLOWING 55/ TO BENJ^ ALVORD. 

An Accompt presented by Benjamin Alvord of Time & Expence in Legislative 
Riding Express from Northampton to Boston & back, amounting to £4. ?^y°'"'ff ^^-^^^^ 

[Read and] 169. 

Resolved that the Sum of Fifty five Shillings be allowed and paid out House Joiir- 
of the publick Treasury to Benjamin Alvord in full Discharge of the ^i'"^!. P- 5'-- 
within Accompt. \_Passed June 16. 

' Inserted from the State Library copy, Legislative Records of the Council, xiii., 164. 



36 



Province Laws {Resolves, etc). — 1726-27. [Chaps. 84-87.] 



CHAPTEK 84. 



RESOLVE ALLOWING £4 TO JOS: DIMMOCK. 



Legislative 
Records of the 
Council, xiii., 
169. 

House Jour- 
nal, p. 49. 



A Memorial of Joseph Dimmock praying Allowance for his Time 
& Expeuce in Attendhig on this Court upon a Summons from the 
Secretary in the Affair of Solomon Barnabas an Indian. 

[Read and] 

Resolved that the Sum of Four Pounds be allowed and paid out of 
y'' Publiek Treasury to the Said Joseph Dimmock in full for his Sei^vice 
Attending this Court According to Order. \_Passed June 16. 



CHAPTER 85. 



Legislative 
Records of the 
Council, xiii., 
170. 

House .Jour- 
nal, p. 47. 



RESOLVE ALLOWING 28/ 2 TO NATHi- RICHARDSON. 

An Accompt presented by Nathaniel Richardson of Leicester of y® 
Expences of y*^ Commissioners Sent to Canada the last Year at his 
House, amounting to Twenty Eight Shillings and tAvo Pence. 

[Read and] 

Resolved that y'' Sum of Twenty Eight Shillings and Two Pence be 
allowed & paid out of the publiek Treasury to y" Said Nath" Richard- 
son or his Order in full Discharge thereof. \_Passed June 16. 



CHAPTER 86. 



Legislative 
Records of the 
Council, xiii., 
170. 

Hoiise Jour- 
nal, p. 51. 



RESOLVE ALLOWING £30 TO HEZ-^ BOSWORTH. 

A Petition of Hezekiah Bosworth, Shewing that he Served in the 
pay of this Province on Several Marches or Expeditions particularly 
under (General Nicholson at Port Roj'al, AVhere he lost one of his Y^yes 
by Cold which he Catch'd by lying on y'' Ground, Since which he has 
lost one of his Arms, And is thereby rendered uncapal)le of providing 
for himself and his four Children, And therefore praying Relief from 
this Court. 

Read [and Accepted] & 

Resolved that the Sum of Thirty Pounds be allowed and paid out of 
the publiek Treasury to the Petitioner Hezekiah Bosworth in Considei*- 
ation of his Pain Sickness and Loss by the Said Wounds, & in full for 
what he has paid for Medicines and for his Cure. [Passed June 16. 



CHAPTER 87. 



Legislative 
Records of the 
Council, xiii., 
170. 

House Jour- 
nal, p. 52. 
Province 
Laws, x.,656, 
chap. 220. 



RESOLVE ALLOWING £18. U TO JOS: JOHNSON. 

A Petition of Josiah Johnson one of y*^ Soldiers under y*^ Command 
of y*" late Capt : Lovewell, and wounded in the Action at Pigwaket, 
Praying Allowance for his Expences for the Cure of his Wounds, Since 
his last Allowance from this Court, & Some further Consideration for 
his Support 

Read [and Accepted] & 



[1st Sess.] Province Laws {Resolves^ etc.). — 1726-27. 37 

Resolved, that y'= Sum of Eighteen Pounds ^ be allowed & paid out 
of the publick Treasury to tlie Petitioner .losiah Johnson, in Answer 
to y" S** Petition Viz Four Pounds fourteen Sliillings to Discharge y" 
Doctors Bill and the remaining Sum in Consideration of his Loss of 
time and Inability for Labour. \_Passed June 16. 



CHAPTER 88. 

RESOLVE ALLOWING £10 TO ENOCH HALL. 



A Petition of Enoch Hall Shewing that when Northfield was Attack'd ]^^fi^rd"of the 
by the Indian Enemy in y*= Year 1723, He was Sorely Wounded by three Council, xm., 

Bullets, By which he has been put to great Pain Praying for Some Ee- ^— — 

leif & Support from this Court md?p^49T' 

Read and In Answer to this Petition 

Resolved that the Sum of Ten Pounds be allowed and paid out of 
the publick Treasury to Capt Thomas Wells, to be by him paid to the 
Said Enoch Hall, in Consideration of of- the Wounds he rec'' in the 
Service of the Province as within Mentioned. \_Passed June 16. 



CHAPTER 89. 

RESOLVE ALLOWING £18 TO DOCT" THOMAS ALDEN. 

An Accompt presented by Doctor Thomas Alden of Medicines and Record "of the 
Attendence to Sundiy Officers and Soldiers in his Majesties Service at Council, xiu., 

y" Eastward, Amounting to the Sum of Twenty Three Pounds fourteen lli^ 

Shillings With a Memorial praying the Allowance of the Said Sum out na^i"p® sf "'^' 
of the publick Treasury. 

Read [and Accepted] and 

Resolved that y'' Sum of Eighteen Pounds be allowed and paid out 
of the Publick Treasury to the Accomptant D' Thomas Aldeu in full 
of the Several Articles therein Mentioned. \_Passed June 16. 



CHAPTER 90. 

VOTE FOR LAW BOOKS FOR Y^ PRES'' MEMBERS. 

Resolved that the Members of this present General Court who were Legislative 
not of y-^ Court y-^ last Year Shall be Entituled to have a Law Book at counc'if.xm!!^ 

y'^ publick Charge upon their Comming out and Delivery to the former ^2; 

Members. \ Passed June 17 . House Jour- 

■- nal, p. 53. 



CHAPTER 91. 

VOTE RESPECTING Y^ PREMIUM ON HEMP. 



Whereas by An Act or Law of this Province made and pass'd at ^®^'^^^*^^^^th 
a Session of the Great & General Court held y'' 23'' of Novem"" 1715, Council, xiii., 
Entituled an Act for Encouraging the Raising of Hemp within this IH: 



' The House Journal reads, £18. 14. 
= Sie. 



38 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 92-94.] 



House Jour, 
nal, p. 52. 
Province 
Laws, ii., 28, 
chap. 19; 362, 
chap. 7. 



Province, There was a Premium Allowed for y'= Raising of Hemp, 
Which Act Expired in Novem"^ last, And no provision is made by the 
Act for encouraging the Raising of Hemp within This Province made 
and pass'd by the General Court at their Session held the Third Day 
of Novem" past for any Premium for Hemp of the Growth of this Prov- 
ince until the first Day of May last, And no Surveyour being Appointed 
or Enabled by Law to Survey any Hemp within y* Term afores** Whereby 
many Persons have not received the Premium which they Imagined they 
were entituled to by Vertue of y^ first recited Act 

Resolved that it may ^ be lawf ull for y*" Treas'' upon any Proper Cer- 
tificate to him produced by any Survey"" appointed b}' Force of y*^ former 
Act of any Merchantable Hemp of the Growth of this Province in y® 
Year 1725, to pay the Vender thereof the Premiums Allowed by y*' Said 
Act, The Intermission Af ores'* Notwithstanding. \_Passed June 17. 



CHAPTER 92. 



RESOLVE ALLOWING PAYMENT OF CAPT PETER OLIVERS MUSTER ROLL. 



Legislative 
Records of the 
Council, xili., 
172. 

House Jour- 
nal, p. 51. 



A Muster Roll of tiie Company in his Majesties Service Eastward 
under the Command of Capt Peter Oliver. Containing an Acco' of 
Wages due to them for their Service from the 29"* Novem"" to y° 9"^ 
of January 1725, Amounting to the Sum of £59. 14. 7. 

[Read and Accepted, and] 

Resolved that the Sum of Fifty Nine Pounds fourteen Shillings and 
Seven Pence be allowed and paid out of the publick Treasury to the 
Officers and Soldiers born on the within Roll in full Discharge of the 
Wages thereof. \_Passed June 17. 



CHAPTER 93 



RESOLVE ALLOWING PAYMENT OF L^ MOSES MARKHAMS MUSTER ROLL. 



Legislative 
Records of the 
Council, xiii., 
173. 

House Jour- 
nal, p. 54. 



A Muster Roll of the Soldiers iu his Majesties Service Eastward 
under the Command of Lieut Moses Markham, containing an Acco' 
of Wages due to them for their Said Service from y* 21" of January 
1725 to y<= 14"* of June 1726, Amounting to the Sura of £44. 18. 5. 

[Read and Accepted and] 

Resolved that y" Sum of forty four Pounds Eighteen Shillings and five 
Pence be allowed, & paid out of the Publick Treasury to the Officers 
and Soldiers born on the within Roll in full Discharge of y* Whages ^ 
thereof. \_Passed June 17. 



CHAPTER 94 



ORDER FOR REPAIRS AT Y''- LIGHT HOUSE WHARFE &c. 



Legislative 
Records of the 
Council, xiii., 
174. 



A Memorial of Capt : John Hayes, Keeper of the Light House on 
Beacon Island praying that a Committee may be Appointed to View a 
Breach made in the Wharf on y^ Said Island and Cause the Same to 



1 The House Journal reads, 
a Sic. 



' shall and mav be Lawful." 



[1st Sess.] Province Laws {Resolves, etc.). — 172G-27. 39 

be repaired and also that a Convenient Well be made on the Great J,^;]"^f 'ly"^- 
Brewster Island for his Accomodation at y' Charge of y" Province. 

In the House of Representatives Read and 

Ordered that y' Prayer of the Memorial be Granted, And that Capt 
AVadsworth M' Tho' Gushing & M' Phillips with Such as Shall be ap- 
pointed by the IIon'''« Board be a Committee to Se the Same Effected 
Accordingly. In Council Read and Concur'd and the Ilon''''^ Wil- 

liam Tailer'Esq'' and Adam Winthrop Esq'' are added to the Committee 
on y" Affair Above. \_Pdssed June 17. 



CHAPTEK 95. 

RESOLVE ALLOWING £5 TO ISAAC W^ONNOE. 



A Petition of Isaac Wouno (Indian) a Soldier late in y« Serviceof ^|f^®j.|^\"jfthe 
this Province, Shewing that one Moses Markham receiv'd lately Nine coxmcii, xin.. 

Months pay due to him for his Service under pretence of an Order from ^!i 

the Petitioner, Which was for his Scalp Money only And that the Peti- ^a*il'ppS'"54. 
tioner lost one of his E^yes in the Fight at Norridgewock in the Year 
1724 by the blowing up of his Powder-Horn praying Relief from this 
Court 

Read [and Accepted] and 

Resolved that y"' Sum of Five Pounds be allowed and paid out of the 
Publick Treas^ to M"" Nathaniel South Worth to be by him paid to and 
for y'' Use of the Petitioner in Consideration of the Loss of his Eye, 
as within mentioned. [_Passed June 17. 



CHAPTER 96. 

ORDER ON INHABIT'^8 oF SCITUATE AND ABINGTON Y« PET. 

A Petition of y'' Inhabitants of the Town of Scituate living to y^ R^fords^of the 
Westward of the Third Herring Brook & Sundry of y*" Inhabitants of council, xiii., 
The Town of Abington, Praying that part of thcafores*^ Towns as pro- ArciiW^sT' 
tracted and described in a Plan therewith Exhibited with the Families ccxiiii., 28. 
living thereon may be Erected into a Seperate Township. House Jour- 

Read and Referred to the Second Wednesday of the next Fall Ses- oai,p.34. 
sion of this Court, and that in the Mean Time, the petitioners Serve 
the Towns of Scituate & Abington with a [Copy] ^ of the petition that 
they shew cause [if any they have why the prayer thereof should not 
be] ^ granted. \_Passed June 17. 



CHAPTER 97. 

VOTE ON Y^ PETIT^ OF Y"^ AGENTS FOR Y^ EAST PRECINCT IN BRIDG- 
WATER. 

A Petition of Ebenezer Byram Jonathan Bass & John Orcutt Agents Legislative 
for the East Precinct in Bridgewater, Shewing that upon the Building councif xm!'^ 
of the Meeting House in the North Precinct in y*" Said Town in the i54, its.' 

» MS. mutilated. 



40 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 98, 99.] 



House Jour- 
nal, p. 55. 



Year 1719, when the Now East Precinct was a Part of the North, it 
was Voted by the Inhabitants, that they Should be So continued for 
Some Time, and that what they Should pay towards the Said Meeting 
House Should be reimbursed them upon their being Seperated, "Which 
Vote was in Some Measure contirm'd by an Order of the Gen" Court, 
Yet Notwithstanding y^ Inhabitants of y*-" North Precinct refused to 
reimburse the Inhabitants of the East Precinct now they are Set off, 
And therefore praying that this Court Avould please to explain their 
Said Order, And direct that the Said North Precinct make good their 
Said Agreement. 

The Said Complaint being Read and the parties fully Heard to make 
their Pleas & Allegations thereon. And Nathaniel Brett (chosen Clerk 
of the North Precinct) Owning That the Copy of what was given in as 
Voted by the Said North Precinct the Sixth of November 1719 was 
true, and that y' Said Copy was of his own Hand writing. Which Vote 
he ought in Discharge of his Office to have made a Record of at that 
Time. 

Voted that the Said Copy under y*^ Hand of y" Said Nath" Brett Shall 
be accounted as SutHcient as if it had been taken from the Record, And 
that the then North Precinct of Bridge Water did really and truly pass 
Such a Vote and come into Such an Agreement with the Petitioners, 
as in the Said Copy is Set fourth, And therefore That the Said East 
Precinct have their Remedy at the Common Law against the Now West 
Precinct in Bridgewater for the Recovery of the Sixty five Pounds due 
to them as within Set forth. \_Passed Jane 18. 



CHAPTEK 98. 



VOTE FOR DIVIDING BRADFORD. 



Legislative 
Records of the 
Council, xiii., 
177. 

Legislative 
Records of the 
Council, xiii., 

129, iru 6/s, 171, Possession of Lieut Hardy and Ensign Parker till the further Order of 

174. 1I0U86 *^ 

Journal, pp. 30, this Court. \ Passed June 18. 
55. 



Ordered that the Town of Bradford be divided into two Precincts, 
The dividing Line between the Said Two Precincts to be the West Line 
of the Land forinerly the Rev*^ M"" Sam" Phillii)ses Farm now in the 



CHAPTEK 99. 



RESOLVE ALLOWING £4. 9 TO NATIP- COFFIN. 



Legislative 
Records of the 
Council, xiii., 
178. 

House Jour- 
nal, p. 55. 



A Petition of Nathaniel Coffin of Newbury Shewing that his Ser- 
vant Lazarus Goodwin Served as a Soldier in y"' Company Commanded 
by Lieut John Lane, that the Said Lane under Colour of an Order (of 
which both the Petitioner & his S*^ Servant were Ignorant) received 
of the Treasurer the Sum of Four Pounds Nine Shillings as Wages 
due to the Said Goodwin, Praying that he may be allowed to receive 
the Said Sum out of the Treasury. 

Read and 

Resolved that the Sum of Four Pounds and Nine Shillings be allowed 
and paid out of the publick Treasury to the Petition"" Nath" Coffin in 
full for the Wages due to him for his* Servant Goodwins Service under 
the Said John Lane. [Passed June 20. 



[1st Se8s.] Pkovince Laws (^Ilesolves, etc.). — 1726-27. 41 



CHAPTER 100. 

ORDER FOR CALLING A TOWN MEETING AT KINGSTONE. 

Ordered that Major John Bradford a Principal Inhabitant of the Legislative 
Town of Kingstone be and hereby is Impowered & Directed to Notifie coiincif xiu!'^ 

and Summon the Inhabitants duly Qualified for Voters to Assemble and Yi}^ 

Meet together to Chuse Town Officers to Stand till the Next Annual House Jour- 
Election According to Law. [^Passed June 21. °'^ >P-6 • 



CHAPTER 101. 

RESOLVE IMPOWERING THE SELECTMEN OF LEICESTER TO LEVY A 
TAX ON LAND, OF ONE FARTHING PER ACRE. 

A Petition of the Select Men of Leicester, Praying that the Said Legislative 
Town may be Impowered to Levy and Assess a Tax of an Half Penny Council, xiii., 

per Acre upon all the Lands lying within y*" Said Township for the ^— . 

defreying of their Necessary Charges especially for the Support of ^""'^f go"^" 
the Ministry among them. 

Read & in Answer to this Petition 

Resolved that the Select Men or Assessors of y^ Town of Leicester 
be and are hereby fully Authorized and Impowered to Levy a Tax of 
one Farthing an Acre upon all the Lands lying within the Said Town 
belonging to the Resident or non Resident Proprietors for the Support 
of the Ministry there, for y'' Year Current Any Law Usage or Custom 
to y" Contrary Notwithstanding. \_Passed June 21. 



CHAPTER 102. 

RESOLVE DISCHARGING Y'^- COMISSIONB'* OF THE £100,000 LOAN FOR Y= 
COUNTY OF MIDDLESEX. 

An Accompt of the Commissioners of the £100,000 Loan for the Legislative 
County of Middlesex, beginning Feb^-^' 13, 1723/4 & Ending Feb^-^ 13, council' xHL,^ 
1724/5 Whereby it appears that they had rec'^ of Sundry Persons for I'^O- 
Interest the Said Year the Sum of £1,030. 0. 9 and £42. 3. 6 Charges House Jour- 
of Law Suits, Making £1,072. 4. 3 And have paid into y*^ Treasury the province 
Sum of £1,024. 8. 11 And account for the Remaining Sum of £47. 15. 4 Laws, ii., ei, 
as follows £39. 15. 4 their due by Law & £8 for Book keeping. Having 4oo,chap.'348; 
Charged in their four last Accompts £146 & discharged theniselves in *^-^' ^^**T- ^-^• 
this and the last Acco'' of y"= Sum of £48. 6' 4*^ being the Charges arisen 
on Law Suits, So that there remains £97. 13. 8 thereof to be Accompted 
for, as also the Sum of £798. 13. 8 Outstanding Interest IMoney, And 
£136. 3. 2 of the Principal in their Hands not let out. 

Read & Accepted & 

Resolved that the Commissioners the Accomptants be and hereby are 
discharged of the Said Sum of One Thousand & Seventy two Pounds 
four Shillings and Three Pence Accordingly, The Sum of Ninety Seven 
Pounds Thirteen Shillings and Eight Pence being y" BalP' of the Ac- 
compt for the Charges of Law Suits with the Sum of Seven Hundred 



42 



'Province IjAws (Hesolves, etc.) . — 1726-27. [Chaps. 108-105.] 



Ninety Eight Pounds thirteen Shillings & Eight Pence Out Standing 
Interest money the Commissioners are Still accountable for. [Passed 
June 21. 



CHAPTEK 103. 



RESOLVE ON PETITION OF SUDBURY WEST PRECINCT, IMPOWERING 
THE COMMITTEE TO WARN A PRECINCT MEETING. 



Legislative 
Records of the 
Council, xili., 
18L 

House Jour- 
nal, p. 62. 



A Petition of the Inhabitants of the West Precinct in Sudbury. Shew- 
ing that at a Meeting there held in the JMouth of March last to Chuse 
OlBcers According to the Directions in the Law, divers Unquallilied Per- 
sons appear'd and put in their Votes notwithstanding their being for- 
bidden and Warn'd against it, So that now they have not Oflicers legally 
Appointed to Manage the Affairs of the Said Precinct, And not being 
Impowered by Law to Call another Meeting for that purpose this Year, 
Therefore praying the Order of this Court to Impower them to Call a 
Meeting for y*" Election of Precinct OHicers. 

Read [and Accepted, and] 

Mesoloed that Inasmuch as Some of the persons Chosen into Office 
in y*^ West Precinct of Sudbury in their 3Iarch Meeting last are Sworn, 
and others are not Sworn, Whereby Much Inconvenience has arisen & 
may Still Arise, It Shall and may be lawfuU for the Committee of the 
S'' Precinct appointed for the Year 1725, And they are hereby Impow- 
ered to Warn a precinct Meeting to Chuse to Office & fill up the Places 
of Such Officers as were Chosen the last march Meeting of the Said 
Precinct and have not been Sworn, And that those Officers that have 
been Sworn be and hereby are Established & Confirmed in their Re- 
spective Offices ; Any Law Usage or Custom to the Contrary Notwith- 
standing. [Passed Jiuie 22. 



Legislative 
Records of the 
Council, xiii., 
182. 

House Jour- 
nal, p. 61. 
Ante, p. 32, 
chap. 78. 



CHAPTER 104. 

RESOLVE ALLOWING £3 TO JOS TAPIN & JOS KETOW INDIANS. 

A Memorial of ]\Ieletiah Bourn Escf in Behalf of Joseph Tapin and 
Joseph Ketow Indians in the County of Barnstable praying tiiat the 
Sum of Three Pounds may be allowed them for their Time and Expence 
in Travelling to and Attending at the Court of Assize held at York iu 
May last, As Witnesses for y*" King against Joseph Quasson who was 
tried for and Convicted of the Murther of John Peter Indian. 

Read and 

Resolved that the Sum of Three Pounds be Allowed and paid out of 
y* publick Treasury to jNIeletiah Bourn Esq"^ to be by him paid to Joseph 
Tapin and Joseph Ketow for their Services within Mentioned. \_Passed 
June 22. 



CHAPTER 105. 



RESOLVE ALLOWING £51. 14. 3 TO D« .U.EX« BULMAN. 

Recordfof the -^^ AccoMPT presented by D' Alexander Bulman of Wages due to 
Council, xiii., him for his Service as Surgeon to the Forces Eastward from Dec: 16, 
— 1725 to June 14"' 1726, Amounting to y-^ Sum of £51. 14. 3. 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 43 

[Read and] 

Resolved that y'' Sum of Fifty one Pounds fourteen Shillings and Three 
pence be allowed and paid out of the publick Treasury to y*^ Aceompt' 
D'' Alexander Bulmau in full Discharge thereof.^ \_l-'assed June 22, 



CHAPTER 106. 

ORDER IMPOWERING MARY PEDRICK TO SELL LAND. 

A Petition of Mary Pedrick of Marble Head Spinster Daughf of R|for|"of tjje 
Susanna Pedrick Deceased, who was Daughter to Christopher Latimer council, xiii., 

of the Said place Dec*^ Shewing that the Said Christopher Latimer in ^Ih 

and by his last Will and Testament gave his Houses. And Lands ^^1^^®^*^^" 
(remaining after payment of his Just Debts) to his Three Daughters, 
Jane Norden Susanna Pedrick and Elizabeth Walters and to the Heirs 
of their Bodies begotten and to be begotten forever in Fee Tail, Which 
Lands lie in Several pieces in Marble-Head and ai'e of inconsiderable 
Value to the Interested as they now lye, And that the Petitioner needs 
Some Benefit from the Same for her Support, Which She might have 
were She permitted to Sel her Part, And therefore praying this Court 
would enable her to make an Absolute Sale of her Share and Interest 
in the Said Land for her own Use and Benefit, And that the Entail 
may be so far taken of as concerns her ; the Other Heirs being Con- 
senting thereto, as appears by a Certificate under their Hands ; 

Read and 

Ordered that the Prayer of this Petition be Granted. Any Law, Usage, 
or Custom to the Contrary Notwithstanding. \^Fassed June 22. 



CHAPTER 107. 

ORDER ALLOWING BENJ'*- PARSONS TO PROVE A CLAIM AGAINST THE 
ESTATE OF GYLES DYER. 

A Petition of Benjamin Parsons of Topsham in Great Brittain, Mar- Legislative 
riuer Shewing that he is a just Creditor to the Estate of Gyles Dyer councff, xiii!)^ 
of Boston Merch' Deceas'd for the Sum of Ninety Seven Pounds or i83. 
Upwards in New-England Money, Praying that he may be allowed to House Jour- 
enter his Claim among the Creditors of the Said Dyer w*"^ the Com- °'^''P-^^- 
miss" for receiving the Claims (he having been four years Absent from 
this Country And no Distribution yet made) The Time allowed by Law 
for making the Said Claims being Elapsed Notwithstanding. 

Read and 

Ordered that the Prayer of this Petition be Granted And that the 
Petitioner be allowed to prove his Debt and Claim to the Estate of the 
Said Gyles Dyer dec'^ & the Commissioners for Receiving the Claims 
thereof are hereb}'' Impowered And Directed to receive the Same, and 
make Report thereof to the Judge of Probate for the County of Suffolk 
accordingly, any Law Usage or Custom to the Contrary Notwithstand- 
ing. [^Passed June 22. 

1 Not found in the House JournaL 



44 



Province Ija^ns, {Besolves, etc.) . — 1726-27. [Chaps. 108, 109.] 



CHAPTER 108. 



ORDER ON y^ MEM« OF Y^ COMM^'^^ FOR SHEWAMET MINISTERIAL 

LANDS. 



Legislative 
Records of the 
Council, xiii., 
185. 

House Jour- 
nal, pp. 63, 64. 
Province 
Laws, X., 483, 
chap. 150. 



A Memorial of Nathaniel Blagrove Nathaniel Payne Esq" a Com- 
mittee appointed by the General Court to take Care of the Lands 
granted by the Propriet" of Shewamet to the Use of the Ministry 
there, Shewing that upon Application made by the Proprietors to the 
Memorialists they Approved of their Letting out the Said Lands for 
three Years, Provided they prohibit the Cutting down of any Trees 
other than what is Necessary for Fencing, And that the Tenant Ac- 
compt and pay y"^ Rent According to the true Intent of the Original 
Grant, That they did Direct & Request Preserved Braynton one of 
the Said Propriet" to take Care That there be no further Spoil made 
in the Timber and AVood on y'' S'' Land, That the Said Braynton has 
been Sued as a Trespasser on y" Said Land & an Action is now de- 
pending at y*^ Inferiour Court of Common Pleas for the County of 
Bristol by Joseph Chase who pretends a Right in the Said Land as 
a Proprietor there And that he is in Possession thereof And therefore 
praying that this Court will give Such Order in this Affair as that the 
Intent and Design of the Order of the General Court made thereabout 
in the Year 1724 may not be frustrated. But that the Said Land may 
be improved and disposed of According to the true Intent of the Origi- 
nal Grants thereof. 

Read and 

Ordered that the Memorialists Serve Joseph Chase with a Copy of 
this Petition, That So he give in his Answer thereto (If he Se Cause) 
on the first Tuesday of the Next fall Session, And that in the Mean 
Time the Action now depending in the Inferiour Court of Common 
Pleas for the County of Bristol be Suspended. \_Passed June 22. 



CHAPTER 109. 



ORDER OF NOTICE ON ELIAS STONE'S PETITION FOR 
REVIEW OF AN ACTION FOR TRESPASS. 



A WRIT OF 



Legislative 
Records of the 
Council, xiii., 
185. 

House Jour- 
nal, p. 65. 



A Petition of Elias Stone of Charlestowu in the County of Middle- 
sex Praying that he may be allowed to bring his Writt of Review of 
an Action of Trespass against Chadwalliter Ford to the Next Supe- 
riour Court for the County of Middlesex, The Same having been tried 
at the Inferiour Court held at Cambridge for the Said County In June 
1724 & the Appeal from the Judgment of that Court tried at the Supei-^ 
Court in January following. And the Review tried In January last, Na- 
thaniel Bowman the Foreman of the Jury being a near Relation to ColP 
Edmund Goffe under whom the Said Ford held, AVhich was not discov- 
ered till the Court was over. Notwithstanding the Caution given to the 
Jury thereon. 

Read and 

Ordered that the Petitioner Serve y^ Adverse Part}' with a Copy of 
this Petition, That So he give in his Answer thereto, If he se Cause 
on the Second Wednesday of the next Fall Session And that Execu- 
tion be Stayed in the mean Time. [_Passed June 23.^ 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 22. 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 45 

CIIAPTEE 110. 

RESOLVE ALI>OWING £33. 10. 5 TO JOHN WOODS. 

An Accompt presented by John Woods of Cleaning & Mending Legislative 
of Arms belonging to the Garrison at his Majesties Castle William councif, xiii.,^ 

Amounting to the Sum of £33. 10. 6 Certified by John Larrabee 155: 

Lieut, of the Said Castle. ?iT?6^4*^' 

Read [and Accepted] and ' > • • 

Resolved that y'' Sum of Thirty Three Pounds Ten Shillings and Five 
Pence be allowed and paid out of the Publick Treasury to John AVoods 
in full Discharge of the Within Accompt. \_Passed Jutie 23. 



GHAPTEK 111. 

RESOLVE DISCHARGING THE ACCO^ OF Y^ COMMISSION'S OF Y^ £100,000 
LOAN FOR YF- COUNTY OF BRISTOL. 

An Accomft of the Commissioners for the £100,000 Loan for y^ Legislative 

-KiGCoros of tiiG 

County of Bristol, Beginning Feb''^ 13, 1723/4, And ending Feb'^ 13. council, xiii., 

1724/5, By Which it appears that the Said Commissioners have received ^ 

of Sundry Persons for Interest of the Said Loan y*^ Said Year the Sum House .Jour- 

*j ^ nal, p. 58, 

of £432. 8. 11 And have paid into the Treasury the Sum of £415. 4. 6 Province 
And Accompt for the remaining Sum of £17. 4. 5 as follows Viz £12. ^hl^pf ig'/' ^^' 
4. 5 their Due by Law And £5 for Book Keeping, 'Jhe Sum of £4. 15 /«/m, chap, 
of y"^ Principal Money being in their Hands not let out 

Read and Accepted & 

Resolred That the Commission'"^ the Accompt*^ be and hereby are 
Discharged of the Said Sum of Four Hundred thirty Two Pounds 
Eight Shillings And Eleven Pence Accordingly. [^Passed June 23. 



112. 



GHAPTEK 112. 

RESOLVE DISCHARGING THE ACCO'' OF V^ COMMAS j-qR V^ £100,000 LOAN 
FOR Y'' COUNTY OF PLIMOUTH. 

An Accompt of the Commissio''' for the £100,000 Loan for y" County Legislative 
of Plimouth Beginning y^ 13"^ of Fel/^' 1723, 4 And Ending Fel/^ 13 comicU.xiiL? 
1724, 5, Whereby it appears that the Said Commission'' have receiv'd 187- 
of Sundry Persons for Interest the Said Year the Sum of £324. 12. 4 House Jour- 
And have paid into the Treasury the Sum of £300. 16. 4 & Accompt provn'ice 
for the Remaining Sum as follows; Viz' £16. 6 their due by Law, £6 Laws, u., ei, 
for Book Keeping And £1. 10 Expences in taking Possession of Mort- ^'^/pm, chap, 
gaged Lands, And it appears by their former Accompts, That there chapA'is'^''' 
Still Remains of out Standing Interest Money the Sum of £153. 12. 1 
And also by this Accompt the Sum of £172. 10 making in the Whole 
the Sum of £326. 2. 1 And the Sum of £195. 3. 3 oi the Principal 
Money, Still in their Hands not let out 

Read & Accepted and 

Resolved that the Commission""^ the Accomptants be and hereby are 
discharged of the Said Sum of Three Hundred twenty four Pounds 
Twelve Shillings and four Pence Accordingly, The Sum of Three Hun- 



46 



Province Laws {Resolves, etc) . — 1726-27. [Chaps. 113,114.] 



dred twenty Six Pounds two Shillings and one Penny by this and tlie 
former Accompts being out Standing Interest Money, the Said Com- 
mis" are Still Accomptable for. \_Passed June 23. 



CHAPTEK 113 



RESOLVE RELATING TO THE ACCO'^ OF ^ COM"** OF Y' 
FOR Y"' COUNTY OF BARNSTABLE. 



£100,000 LOAN 



Legislative 
Records of tiie 
Council, xiii., 

188. 

House Jour- 
nal, pp. 68, 59. 
Province 
Laws, ii., 61, 
chap. 18. 
Supra, chap. 
112. 



An Accompt of the Commissioners of the £100,000 Loan for y* County 
of Barnstable, Beginning Fel/^' 13, 1723/4 and Ending Feb" 13. 1724, 
5. Whereby it appears that the Said Commissioners have received for 
Interest the Said Year, The Sum of £353. 17. 7 & have paid into the 
Treasury £314. 9. 8 And Accompt for y^ remaining Sum as follows 
Viz' £8. 19. o their due by Law, £8 for Book Keeping, And £22. 8. 6 
Remaining in their Hands, Which they are to pay the Treasurer, The 
Sum of £22. 8. 6 of the Interest Money being out Standing, And the 
Sum of £111. 8. 2 of the Principal Money being in their Hands & not 
let out. 

Read & Accepted & 

Resolved that the Said Commissionei-s tlie Accomptants do forthwith 
pay into the Treasury the Sum of Twenty two Pounds Eight Shillings 
and Six pence for So much they have received for Interest Money to 
Discharge themselves of the Said Sum of Three Hundred fifty three 
Pounds Seventeen Sliillings and Seven Pence, Tlie further Sum of 
Twenty two Pounds eight Shillings and Sixpence Ijeing Outstanding 
Interest Money, AVhich the Said Commission" are Still Accomptable 
for. [Passed June 23. 



CHAPTER 114 



VOTE FOR APPOINTING MEMBERS OF BOTH HOUSES TO GO EASTWARD. 



Legislative 
Records of the 
Council, xiii., 

189. 

Legislative 
Records of the 
Council, xiii., 
81, 148. House 
Journal, p. 65. 
Province 
Laws, X., 723, 
chap. 416. 



In the House of Representatives, 

Voted that Major John (.^uincy and Capt Amos Turner be Added to 
the Committee Appointed by this Court the twent}' third of December 
last to receive the Claims or Titles of the English to the Lands in the 
Eastern Parts of the Province vVnd to repair to Falmouth at the Time 
proposed for the Ratification of the Treat}' &c, And that M'' Thomas 
Cusliing Major John Chandler Coll" Richard Kent Capt Daniel Epes 
Capt Edward Goddard, Captain Thomas Wells Henry Phillips Esq"' 
M"^ Edward Arnold, Coll" Payne M"" John Payne and IMajor iMoodey be 
desired together with y*^ Said Committee to Attend his Honour the Lieut : 
Govern'' at y'" Ratilication of the late Treaty with the Indians according 
to his Honours Appointment for Meeting the Indians the fifteenth of 
the next INIonth at Casco 

In Council Read and Concur'd, And 

Ordered that John Otis Esq' be of the Committee in the Room of the 
Secretaiy and that John Wheelwright, Elisha Cook, Joseph Hammond 
Samuel Thaxter Thomas Palmer and Edward Hutchinson Esq" be 
desired to Attend his Honour the Lieut Govern"" at the Ratification.^ 
\^Passed June 23. 

' In Legislative Records of the Council no concurrence of the House in this last action 
is recorded, though concurrence is implied by the consent of the Lieut. Governor, which 
follows. Concurrence, however, appears in terms bj' the House Journal. 



[1st Sess.] Province Laws (^Mesolves, etc.). — 172G-27. 47 

CHAPTER 115. 

RESOLVE ALLOWING £3. 9. G TO MOSES MAKKIIAM. 

An AccOMi'T of Moses Markham, of Sundry Disbiirsem'" for the pub- [^^^^'j'^*''^? 
lick Service at Nortli Yarmouth Amounting to the Sum of £3. 9. G. council, xni., 
[Read & Accepted and] 



Jiesoh'ed that the Sum of Three Pounds Nine Shillings and Six pence nai"rf Js*"*^ 
be Allowed & paid out of the publick Treasury to the Accomptant 
Moses Markham in full Discharge thereof. [^Passed June 23. 



CHAPTER 116. 

ORDER ON STEPHEN BOUTINEAU'S PETITION FOR A NEW TRIAL. 

A Petition of Stephen Boutineau of Boston Shopkeeper, Shewing Legrisiative 
That Letters of Administration on the Estate of Benjamin Bate late coundf xii^ 
of Dorcester Dec'^ being first granted l)v the Judo-e of Probate of Wills i»». i^9- 



for the County of Suffolk to his Son Benjamin Bate, were afterwards House Jour- 
Revoked and Administration granted to y'' Petitioner wiio Administered '^" ' ^^'' ' ' ' 
on the Said Estate Accordingly, That by a Judgment of Superiour Court 
held at Boston in August last his Administration was Disallow'd and 
the Power of the Judge to Revoke the First Letters of Administration 
and grant new ones denied in Effect, And a Deed of a certain Tract of 
Land being y" Estate of the Said Benj'' Bate dec** P^xecuted by y" S'' 
Benj"' Bates Administrator as afores'^ after his revoking the Said Letters 
of Administration allowed to be Good and Effectual (And that Notwith- 
standing a Manifest Fraud in antedating y*^ Said Deed plainly proved 
in Court) And that the Petitioner applied to y" Goveruour and Council 
for Relief, Who after Solemn Hearing & Argument thereon, pass'd a 
Resolve, That the Letters of Administration granted to the Said Ste- 
phen Boutineau to Administer on the Estate of the Said Benjamin Bates 
are Good Valid and Effectual in the Law, And to the End that the Peti- 
tioner and the Other Creditors of the Estate of the Said Benjamin Bate 
Dec'^ may have their Just Benefit by the Said Resolve of Council ; There- 
fore praying that he may be impowered to have another Review of An 
Action of Trespass and Ejectment Originally brought against John Har- 
radine for Recovery of the Land above Mention'd of which the Said 
Benjamin Bate died Seized. 

Read, together with the Answer of Samuel Billing and John Corey, 
And the Same being fully Considered. 

Ordered that the prayer of tliis Petition be so far Granted That the 
Petitioner be Admitted to a New Trial at the next Superiour Court of 
Judicature for the County of Suffolk, And the Justices of the Said 
Court are hereliy Impowered & Directed to hear and Determine the 
Said Cause Accordingly ; Any Law Usage or Custom to the Contrary 
Notwithstanding. \_Passed June 24. 



48 



Province Laws (i?e.soZve«, e^c.). — 1726-27. [Chaps. 117, 118.] 



CHAPTER 117 



ORDER ON y- COM'^'^'^'^ REPORT RESPECTING PENNICOOK. 



Legislative 
Records of the 
Council, xiil., 
190. 

House Jour, 
nal.pp. 108, 112, 
113(Jan.,17A-)); 
p. 49. Province 
Laws, X., 73'J, 
chap. 472. 



The Committee appointed by the Great and General Court in tlieir 
Sessions begun and held in November last to bring forward a Settle- 
ment and admit one Hundred persons therein on a Tract of Land lying 
on Merrimack Kiver at a Place there known by y*^ Name of Pennicook 
and having given SuHicient Notice to any Persons that w^ere ready and 
would engage in the Settlement, To meet the Committee at Haverhill 
the first Week in February last The Committee at that Time and Place 
admitted One Hundred Persons or Grantees into the Said Tract or Ci rant, 
Giving Preference to the Petitioners that appeared to us most Suitable 
therefore. & in INIay last we proceeded to the Place in Order to lay out 
y'' whole Township, And the Lotts directed in the Order of the General 
Court beginning at the Mouth of Contoocook River, where that joyns 
Merrimack Kiver, and thence ran a Line East 17 Degrees North three 
Miles And upon a Course West 17 Degrees South four ^Nliles And So 
at Right Angles from the P2xtreams of Each of y" Aforesaid Lines Seven 
Miles Southerly P^aeh, and thence from the Termination of the Seven 
Miles which compleats the Grant and is according thereto. And upon 
View and Strict Survey of the Lauds on the East Side of Merrimack, 
we find that there is little or no Water, The Land near the River 
extreain iNIountainous and almost Impassible And very unfit for and 
uncapable of Receiving Fifty Families as the Court has ordered, more 
especially considering That near y*^ Centre of the Town on y" East 
Side of the River Merrimack, The Hon'''* Sam" Sewall Esq"" has a Farm 
of Five Hundred Acres of Good Land formerly granted by this Court 
and laid out to Governour P^ndicott, The Committee therefore with Sub- 
mission to the Hon''''' General Court thought it advisable and xVccord- 
ingly have laid out one Hundred & Three Lotts of Land for Settlements 
on the West Side contiguous to each other regularly and in a Defensi- 
ble JNIanner, as by the Piatt of them and of the whole Grant (Which 
is hereby presented) will appear. And inasmuch as the (ienerality of 
the Land answers not the Grantees Expectations and five Hundred 
Acres laid out as afores*^ Humbly offer. That the like Number of un- 
appropriated Lands adjacent to y*" Township may be made to the Set- 
tlers as an Equivalent therefor. 

Read and 

Ordered that this Report be so far Accepted as that the Settlers or 
Grantees be and hereby are Impowered and Allowed to make their 
Settlements on the West" Side of the River Merrimack, according as 
is proposed in the Said Report, and projected in and by Said Plan, 
the former Order of this Court Notwithstanding, and the Said Com- 
mittee are directed to proceed Accordingly. [Passed June 24. 



CHAPTER 118. 



RESOLVE ALLOWING £.-)00 TO THE JUSTICES OF THE SUPER" COURT. 



Legislative 
Records of the 
Council, xiii., 
191. 

House Jour- 
nal, p. 69. 



Resolved^! That the Sum of Five Hundred Pounds be allowed and paid 
out of the publick Treasury to the hon'''*' the Justices of His Majestys 
Superiour Court of Judicature &c, in proportion to the Courts they have 
Attended the Year past. \_Passed June 24. 



[1st Sess.] Pkovince Laws (Jiesolves, etc.). — 172G-27. 49 



CHAPTER 119. 

RESOLVE ALLOWING PAYMENT ON CAPT: SAM'-'' WRIGHTS MUSTER 

ROLL. 

A Muster Roll of the Company in His Majestys Service Westw** [^^^^^'fg^Jf^t^g 
under the Command of Capt : Samuel Wright, Containing an Accompt council, xni., 

of Wages due to them for their Service from November 19, 1725, to ^j!}: . 

the 7"' of January following. Amounting to the Sum of £229. 13. 2 ^«i"Jf ^4^;^''- 
with the Subsistence. 

[Read and Accepted, and] 

Resolved that the Sum of Two Hundred and twenty one pounds, 
eleven Shillings and four pence be Allowed and paid out of the pub- 
lick Treasury to Capt : Samuel Wright, To be by him paid to the Officers 
and Soldiers to whom it is respectively due for the Wages, and the per- 
sons, that have Subsisted the Men born on the Said Roll, in full Dis- 
charge of the "Wages and Subsistence thereof. \_Passed June 24. 



CHAPTER 120. 

RESOLVE ALLOWING 35/ TO JOS MARION. 

An Accompt presented by Joseph Marion of Writing done for the Legislative 
publick this present Session Amounting to the Sum of £1. 15. councif xiu^^ 

[Read and] i^^i- 

Resolved that the Sum of Thirty five Shillings be Allowed and paid House Jour- 
out of the publick Treasury to the Accomptant Joseph Marion in full ^^ ' ^' ^' 
Discharge thereof. \_Passed June 24. 



CHAPTER 121. 

RESOLVE ALLOWING £360 TO M" PRESID^ WADSWORTH. 

Resolved that the vSum of three Hundred and Sixty pounds be allowed |i^°*®j!^?g*^( tj, 
and paid out of the publick Treasury to the Reverend INP Benjamin Councir, xiii., 

"Wadsworth President of Harvard College in Cambridge to enable him ^j!t. 

to Manage the the^ Weighty and Important Affairs of that Society ^aTif 69^^ 
the Year Current, The Money to be paid him Quarterly. \_Passed 
June 25. 



CHAPTER 122. 



RESOLVE ALLOWING £250 TO M« TREA^ ALLEN. 



Resolved That the Sum of two Hundred and fifty Pounds, be allowed j^^?'^|f *"^f u 
and paid out of the publick Treasury to Jeremiah Allen Esq"' Treasurer Council, xiii., 
of this Province for his Service in the Year past in the Treasury. ^ . 

[Passed June 25. House Jour. 

■- nal, p. 69. 

1 Sic. 



50 



PitoviNCE J^Awa {Resolves, etc.) . — 172G-27. [Chaps. 123-126.] 



Legislcative 
Records of the 
Council, xiii., 
193. 

Executive 
Records of tlie 
Couucil, viii., 
40iJ. House 
Journal, p. 69. 



CHAPTER 123. 

RESOLVE ALLOWING £30 TO M^ WAINWRIGHT CLERK OF THE HOUSE. 

Resolved, That the Sum of Thirty Pounds be allowed and paid out of 
the publiek Treasury to John Wainwright Esq"^ Clerk of the House in 
part for his Service y*" Year Curr'. [^Passed * June 25. 



CHAPTER 124. 



RESOLVE ALLOWING £6. 19 TO BEN: ROLFE. 



Legislative 
Records of tlie 
Couucil, xiii., 
193. 

House Jour- 
nal, p. C8. 



An AccoMrx presented by Benjamin Rolfe of "Writing done for the 
publiek, Amounting to the Sum of £6. 19. 

[Read and] 

Resolved That the Sum of Six Pounds Nineteen Shillings be allowed 
and paid out of the publiek Treasury to y' Accompt' Benj" Rolfe in full 
Discharge thereof. \_Passed June 25. 



Legislative 
Records of the 
Council, xiii., 
193. 

House .Tour- 
nal, p. 67. 



CHAPTER 125. 

RESOLVE ALLOWING £10. 18. 6 TO REB : HOLMS. 

An Accompt presented by Rebecca Holmes of Entertainment given 
to Several Committees of the General Court the last Session after her 
giving in her last Acco' And for Entertainment of divers Committees 
at this present Session, Amounting to the Sum of £10. 18. 6. 

[Read and] 

Resolved that the Sum of Ten pounds Eighteen Shillings and Six 
pence be Allowed and paid out of the publiek Treasury to the Accompt- 
aut Rebecca Holmes in full Discharge of the Said Accompt. \_Passed 
June 25. 



CHAPTER 126. 



Legislative 
Records of the 
Council, xiii., 
193. 

House .Jour- 
nal, p. 67. 



RESOLVE ALLOWING 40/ TO ZECH^^ TRESCOT. 

An Accompt of Zechariah Trescot of the Time and Expences of two 
Indians for Carrying him to Fort George at Brunswick Amounting to 
the Sum of £2. 

[Read and Accepted, and] 

Resolved that the Sum of Forty Shillings be allowed and paid out of 
the publiek Treasury to the Accomptant Zechariah Trescot in fall Dis- 
charge thereof. \_Passed June 25. 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 51 

CHAPTER 127. 

RESOLVE ALLOWING 49/ TO CAPT : PETER OLIVER. 

An Accompt presented by Capt Peter Oliver of Horse Hire and Rgforci^of the 
other Expeuces in a Journey from Boston to Falmouth by Order of councu, xni., 
His Honour the Lieut: Governour Amounting to the Sum of £3. 9. i^i: 

[Read and Accepted, and] ^aTpp^ed^CT. 

Resolved that the Sum of Forty Nine Shillings be allowed and paid 
out of the publick Treasury to the Said Capt : Peter Oliver in full Dis- 
charge thereof. \_Passed June 25. 



CHAPTER 128. 

RESOLVE DISCHARGING Y^ TRUSTEES OF Y" £50,000 LOAN. 

An Accompt of the Trustees for letting out the Loan of £50,000 r^?^^^?*'^? .y, 
from November 28, 1724, to May 23, 1726, Whereby it appears that council, xm., 

they have received of Sundry Persons the Sum of £2,784. 8. 10 of the ^^ 

Principal and £1,412. 10.4 Interest Money Including £225 Interest ^aT^'' jL""*'" 
of M"" Ushers Mortgage and have paid into the Treasury the Sum of i4ov^nce' 
£3,284. 8. 10 (Including the £500 lent M"" Usher) of the Principal and ^ifap^'afg'/^^' 
£1,359. 19. 4 of the Interest Money including M'' Ushers Interest, and 
Accompt for the Remainder of the Interest as follows Viz, £6. 1 Charges 
of Law Suits, And £46. 10 their due by Law. 

Read and Accepted & 

Resolved That the Trustees the Accomptants be and hereby are Dis- 
charged of the Said Sum of Three thousand two Hundred Eighty four 
pounds eight Shillings and ten pence of the Principal, And the Sum 
of One Thousand four Hundred and twelve pounds ten Shillings & four 
pence Interest of the Said Loan accordingly. \^Passed June 25. 



CHAPTER 129. 

ORDER FOR PROVIDING FOR V^ L^ GOV^ VOYAGE EASTWARD. 

Ordered that the Treasur"" be directed to Wait on His Honour the Legislative 
Lieut' Govern'" To know of him what Number of y"^ Members of the coSncff xiii!"® 
Court and other (xentleraen as well as what Guard His Honour designes i94- 
to Attend & wait on him at the Ratification of the late Treaty with the House .Jour- 
Indians to be held by His Honours Direction the fifteenth of the next ^",ie'p^46. 
Month at Casco, And that the Treasurer be thereupon and is hereby chap! lii. ' 
further directed to provide and lay in the Necessary and convenient 
Stores and Supplies accoi'dingly. \_Passed June 25. 



CHAPTER 130. 

ORDER CREDITING CAP: PETER OLIVER WITH PROVINCE ARMS. 

A Petition of Capt Peter Oliver, Praying that the Commissary may be Legislative 
directed to give him Credit for two Province Arms which he is charged coundf xm'^^ 
with. Having delivered them to two Souldiers who afterwards Deserted, i95. '' 



52 



Province Laavs {Resolves, e^c.). — 1726-27. [Chaps. 131-133.] 



House Jour- 
nal, p. 67. 



Legislative 
Records of the 
Council, xili., 
195. 

House Jour- 
nal, p. 69. 



Carrying the Said Anns with them, and not having Wages Sufficient to 
Satisfie for the Said Arms due to them on the Muster Roll. 

Read and [Accepted, and] 

Ordered that the Commissary be directed to give the Said Oliver 
Credit in his Accompt for the Province Arms, within Mentioned. 
\_Passed June 25. 



CHAPTER 131. 

RESOLVE ALLOWING £400 TO HIS HON« Y^ LIEUT. GOVERN^. 

Resolved that the Sum of four Hundred Pounds be Allowed and paid 
out of tlie publick Treasury to His Honour William Dummer Esq' Lieut' 
Governour & Commander in Chief of this His Majesties Province for 
his Support ; to Enable him to Manage the Affairs of the Government. 
\_Passed June 27. 



Legislative 
Records of the 
Council, xlil.. 
194, 195. 

Legislative 
Records of the 
Council, xiii., 
134. House 
Journal, p. 71. 
Province 
Laws, X., 414, 
chap. 394. 



CHAPTER 132. 

VOTE FOR COMMAS TO SETTLE Y"^ LINE WITH COM«s FROM NEW 

HAMPSHIRE. 

In Council, For Accommodating the Mattel's in Difference between 
this Government and the Government of New Hampshire respecting 
the Line between the two Provinces; 

Ordered that Commissioners be Chosen and Appointed by this Gov- 
ernment To meet with Commissioners from the Said Government of 
New Hampshire to adjust and fully Issue the Said Difference their 
Agreement thereon to be laid before the respective C^eneral Assem- 
blies of tlie Said Provinces for their Confirmation ; and that upon Such 
Confirmation of the vSaid General Assemblies his Majesty be humbly 
Addressed by both Governments for his Royal Approbation. 

In the House of Representatives Read and Concur'd, And 

Ordered, William Dudley Jonathan Remington Esq""' M'' Thomas Gush- 
ing and Timothy Lindal Esq" with Such as the Hon**'^ Board Shall Ap- 
point be the Coinmiss" to JklTanage tlie Affair proposed in the within 
Vote. In Council Read and Concur'd, And Nath' Pyfield Adding- 

ton Davenport and Thomas Fitch Esq" are Added to the Commissioners 
of the House for the Affair aforesaid. \^Passed June 28. 



CHAPTER 133. 



Legislative 
Records of the 
Council, xiii., 
196. 

House Jour- 
nal, pp. 72, 74. 



RESOLVE FOR AN ENCOURAGEM'' ON Y^ MANUFACT^ OF CANVAS. 

Resolved that for the Space of Seven Years next coming there be 
allowed and paid out of the publick Treasury a Bount}' of Twenty 
Shillings to the j\L\nufacture[r] of each Piece of Duck or Canvas, 
that Shall be Thirty Six Yards long, thirty Inches Wide, of a good 
even Thread, well drove, and of a good bright Colour, being made 
within this Province, And wrought wholly of good vStrong water rotted 
Hemp or Flax of the Growth of New England, Each of which Pieces 
of Duck or Canvas Shall weigh at least Forty five pounds And the 
Manufacturer Shall be entituled to Such Bounty for all Such pieces 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 53 

as Shall pass the Survey of Such Persons as Shall be appointed by 
this Court to Survey and Seal or Sullieiently niarke the Same (which 
Surveyours Shall be under Oath for the true antl faitliful Performance 
of their Olllee) upon Certificates to be produced to the Treasurer of 
this Province for the Time being, who is hereby Order'd and Directed 
to pay the Said Bounty accordingly. \_Passed June 28. 



CHAPTEE 134. 

VOTE FOR WRITING TO Y^ AGENT ON THE AFFAIR OF PENNICOOK. 

In Council Legislative 

Voted That a Letter be prepared to be Sent to M'' Agent Dummer, council", xiu.,^ 

Advising him that this Court apprehend the Neighbouring Government '^ 

of New Hampshire are or may be Sending Home a Complaint against House Jour- 
a Grant of Land for a Township at Penuycook on Merrimack River Anie'^\i.'A8,' 
within this Province lately made and pass'd by this Government, And chap' 132' ^' ^^' 
that he take effectual Care to Answer any Such Complaint, And to 
enable him to justifie this Court in their proceedings on that Affair, 
That he be furnished with Such Records Papers and other Matters as 
any Ways relate thereto, And that he be Acquainted with the Measures 
taken by this Court to Adjust the Difference between the two Provinces 
as to the Line or Boundary, & that Nathaniel Byfield Addiugton Daven- 
port and Paul Dudley Esq" with Such as the House of Representatives 
Shall appoint be a Committee for the Said Service. 
In the House of Representatives 
Read and Concur'd, and 

Ordered that M' Ezekiel Lewis, Joseph Wadsworth John Ballautine 
& Charles Chambers Esq" be added to the Committee of the Hon'''® 
Board in y*' Affair. ^Passed June 28. 



CHAPTER 135. 



RESOLVE ALLOWING 4/ PER DAY TO W'^ DUDLEY ESQ« SPEAKER. 

Resolved that there be allowed and paid out of the Publick Treasury Legislative 
after the Rate of four Shillings ^ per Diem for every Day of the Present ^I'^^^^lf xfii!^^ 
Session of this Court upon Certificate fi'om the Clerk of the House, to i'JT. 
the Hon'''® William Dudley Esq' Speaker of the House in Consideration House Jour- 
of his Constant Application in Dispatching the publick Affairs of the ^nte,'^h%. 
Province. \_Passed June 28. chap. 34. 



CHAPTER 136. 

RESOLVE ALLOWING £35 TO RICH" HUBBARD. 

Resolved that the Sum of Thirty five Pounds be allowed and paid out Legislative 
of the publick Treasury to M'' Richard Hubbard Door keeper to His councif, xiii.,^ 

Honour the Lieut Govern'' and this Court for his Service half a Year, }^ 

which will determine the 19"" Day of August next. [Passed June 28. House Jour- 

J » L nal, p. 69. 

1 The House Journal reads, 5/. 



54 



FROvu!iCEljAws{Iiesolves,eic.). — 172G-27. [Chaps. 137-140.] 



CHAPTER 137. 



RESOLVE ALLOWING £5. 10 TO NATH'- DONNEL. 



Legislative 
Records of the 
Council, xiii., 
197. 

House Jour- 
nal, p. 52. 



An Accompt presented by Nathaniel Donnol of the Charge of Lodg- 
ing, Dieting and Fireing for Benjamin Solomon a wounded Indian in 
the publick Service under Capt Moulton, Amounting to the Sum of 
£5. 10. 

[Read and] 

Resolved that the Sum of Five pounds ten Shillings be allowed and 
paid out of the publick Treasury to the Accomptant Nathaniel Donuel 
in full Discharge of this Accompt. \_Passed June 28. 



Legislative 
Records of the 
Council, xiii., 
197. 

House Jour- 
nal, p. 7i. 
Ante, p. 38, 
chap. 94. 



CHAPTER 138. 

VOTE FOR REPAIRS OF THE DWELLING HOUSE. 

Voted that the Committee for Effecting the Repairs at the Light 
House be further Directed to take Care of any further Repairs for 
the Dwelling House, and for the better Securing of the Light House. 
\_Passed Jane 28. 



CHAPTER 139. 



VOTE TO ENCOURAGE VOLUNT«' TO ATTEND Y"^ L^ GOV EASTW". 



Legislative 
Records of the 
Council, xiii., 
198. 

House Jour- 
nal, p. 73. 
Ante, p. 51, 
chap. 129. 



The Secretary went down to the House on the following Message 
from His Honour the Lieutenant Governour. 

Gentlemen of the House of Representatives I Shall give Orders for 
the raising a Company of Sixty men besides Officers to attend me to 
the Eastward at tiie design'd Ratification And it being most Conven- 
ient to raise Voluntiers for this Service (w'^'' will be but for a Short 
Time) and that none but good Men be enlisted, I desire j'ou will give 
Such Encouragement as is Necessary, And as may prevent the Charge 
and Trouble of an Impress. 

Sign'd AV^' DuM-MEK 

Read and 

Resolved that there be allowed and paid out of the publick Treasury 
to each effective Voluntier that Shall enlist to Wait on his Honour the 
Lieut : Govern"' Plastward the Sum of two Shillings ^ Diem besides Sub- 
sistence, And so in proportion to the Otticers of the Guard, And that 
his Honour be desired to give Orders that the Voluntiers returu after 
the Desigu'd Ratification is over. [^Passed June 28. 



CHAPTER 140 



RESOLVE ALLOWING £13. 10 TO ROB^ STANIFORD. 



Legislative 
Records of the 
Council, xiii., 
198. 



An Accompt presented by Robert Staniford of his Time and Charges 
in Carrying divers Indians Witnesses from Plimouth to York to attend 
the Court there, Amounting to the Sum of £16. 9. 



[1st Sess.] Province Laws {Resolves, etc.). — 1726-27. 55 

[Read, and Accepted and] n^\l^^ iz'^''' 

Resolved that the Sinn of Thirteen Pounds ten Shillings be allowed Ante,\i.li, 

and paid out of the publick Treasury to the Accoinptant Robert Stani- «''"i>- iw. 

ford in full Discharge of the Said Accoinpt, First deducting Six Pounds 

Advanced by M' Secretary Willard. [Passed June 28. 



CHAPTER 141. 

RESOLVE ALLOWING £13. 6. 2 TO L^ JOHN LARRABEE. 

An Accompt presented by Lieut : John Lai'rabee of Work done by Legislative 
Several Trades Men, at His Majestys Castle William with Materials cmincn.xiiS® 

by them furnished, Amounting to the Sum of £13. 6. 2 as by the Said "^j^ 

Trades Mens Bills. House .Joiir- 

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

Jiesolved, That the Sum of Thirteen Pounds Six Shillings and tw^o 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant John Larrabee to be by him repaid to whom it is respectively due 
in full Discharge thereof, [Passed Jmie 28. 



CHAPTER 142. 

RESOLVE ALLOWING £3 TO COLL*^' ELEAZ" TYNG. 

An Accompt presented by Coll° Eleazar Tyug of the Charge of keep- Legislative 
iug Old Christians Squaw from Novem^ 6, to Jau'-^ 28. 1725 Amounting coSndf xuf^ 
to the Sum of £3. 2oo. 

[Read, and Accepted and] House Jour- 

Resolved that the Sum of three Pounds be allowed and paid out of "^'"^'y-^'- 
the publick Treasury to the Accompttant ColP Eleazar Tyng in full Dis- 
charge thereof. [Passed June 28. 



CHAPTER 143. 

RESOLVE ALLOWING £17 TO ELEAZ : ROGERS. 

A Petition of Eleazar Rogers of Plimouth, Praying an allowance Legislative 
from this Court for Several Grievous Wounds he has receiv'd from councif xlii*^^ 
the French and Indians at a place called Wiuuegance in the Eastern 200. 
Country, wdiereby he is wholly disabled from doing any thing for his House Jour- 
Support. ^*'^i> P- -i- 

Read and [Accepted and] 

Resolved That the Sum of Seven Pounds be Allowed and paid out 
of the publick Treasury to the Said Eleazer Rogers Annually by Way 
of Stipend and that the further Sum of Ten Pounds be allowed and 
paid out of the publick Treasury now to the S*^ Eleazer Rogers in Con- 
sideration of his great Indisposition & Lameness occation'd by the Said 
Wounds. [Passed June 28. 



56 



Province Laws {Resolves, etc.). — 1726-27. [Chap. 144.] 



CHAPTER 144. 



ORDER ALLOWING £21. 15 TO THE COMMITTEE ON THE COMPLAINTS 
OF THE NANTUCKET INDIANS. 



Legislative 
Records ol' the 
Council, xiii., 
201. 

House Jour- 
nal, p. 59. 
Province 
Laws, X., 666, 
ohai)."251. 



An Accompt presented by John Otis Esq'' of the Time and Expence 
of the Committee of this Court appointed to repair to Nantucket & Con- 
sider the Complaints of the Indians, Amounting to the Sum of £21. 15. 

Head and 

Ordered that the English Inhabitants on the Island of Nantucket 
be and hereby are Directed to pay to Coll" John Otis the Sum of Ten 
Pounds Seventeen Shillings and Six Pence, And tiiat the Said Joseph 
Header in Behalf of the Indian Inhabitants be and hereby is Ordered 
and Directed to pay to the Said Coll" John Otis the further Sum of 
Ten Pounds Seventeen Shillings «& Six Pence ; Which is by the Said 
Coir John Otis to be paid to the Persons to whom it is respectively 
due in full Discharge of the Said Accompt. \_Passed June 28. 



[2d Sess.] Province Laws {^Resolves, etc.). — 1726-27. 67 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fourth Day of August, A.D. 1726. 



CHAPTEK 145. 

RESOLVE ALLOWING £10 TO ANDREW ANDROSS. 

A Petition of Andrew Andrews (a Seaman on board the Sloop Legislative 
Dragon a Transport lately in the Service of this Province Eastward) councif xU*L^ 

praying an Allowance out of the Publick Treasury in Consideration of ^^ 

his Thumb's being Shot off, while he was loading a great Gunn on House Jour- 
Board the Said Sloop, and that his Doctors Bill may be paid. na , p. . 

Read and 

Resolved that the Sum of Ten Pounds be allowed and paid out of 
the publick Treasury to the Petitioner Andrew Andross to Enable him 
to pay the Charge he is at occationed by y*^ Wound within mention'd ; 
& that the Petition be refer'd to the Next Session of this Court for 
further Consideration. \_Passed August 25. 



CHAPTER 146. 

ORDER RENEWING THE LICENCE OF FRANCES WARDELL. 

A Petition of Frances Wardell of Boston Widow, Shewing that Legislative 
Whereas She had a Licence to Sell Strong Drink as a Tavern Keeper, councif, xiii.,^ 

for many Years past and has her Dependence for a Livelihood on that '^ 

Employment, Notwithstanding her regular and inoffensive Behaviour House Jom-- 
therein the Select Men of the Town of Boston did not See Cause to Provmce 
Approve of her keeping a publick House, By which Means the Court ^ii^^p^'n '' ■*°^' 
Of General Sessions could not grant her a Licence, And in as much 
as no Charge of any Misdemeanour hath been made Out against the 
Petitioner, and She hath always with great Cheerfulness Served the 
Publick by Entertaining the Justices of the Several Courts in this 
County therefore praying that the Justices of the Court of General 
Sessions of the Peace at their Sessions in October next may be Im- 
powered (If they think fit) to grant the Petitioner a Licence for Sell- 
ing Drink, The Time by Law appointed for Renewing or Granting 
Licences being Elapsed Notwithstanding. 

Read and 

Ordered that the Prayer of the Petition be Granted And that the 
Justices of the Peace for the County of Suffolk be & hereby are Im- 
powered at their Next General Sessions of the Peace to be held in 
October next to renew the Petitioners Licence (If they see Cause) Any 
Law Usage or Custom to the Contrary Notwithstanding. \_Passed 
August 26. 



5S 



Province Laws {Hesolves, etc.). — 1726-27. [Chaps. 14:7-150.] 



CHAPTEK 147. 



Legislative 
Records of the 
Council, xiii., 
204. 

House Jour- 
nal, p. 3. 



RESOLVE ALLOWING £8. 13. 4 TO CAPT. LITTLE. 

An Accompt presented by Capt. Thomas Little late Commander of 
the Sloop Loyal Heart in Ilis Majestj's Service of Sundry Expences 
at Boston and Marblehead, Amounting to the Sum of £8. 13. 4. 

[Read and Accepted, and] 

Resolved that the Sum of flight pounds thirteen Shillings and four 
Pence be allowed and paid out of the publick Treasur}' to the Said 
Capt Thomas Little in full Discharge thereof. [^Passed August 26. 



CHAPTEK 148. 



RESOLVE ALLOWING £59. \. 7 FOR PRESENTS TO THE INDIANS. 



Legislative 
Records of the 
Council, xiii., 
204. 

Legislative 
Records of the 
Council, xiii., 
202. House 
Journal, pp. 
3,4. 



An Accompt presented by Stephen Minot Esq' of Red Cloth, Stuff 
Linnen «&;c. by him provided by Order of the Governm' for a Present 
to y" Indians at the Ratification of the Peace, Amounting to y" Sum of 
£59. 1. 7. 

[Read and Accepted, and] 

Resolved that the Sum of Fifty Nine Pounds one Shillings and Seven 
pence be allowed & paid out of the publick Treasury to Coll" Stephen 
Minot in full Discharge of y'= S** Accompt. \_Passed August 26. 



CHAPTER 149. 



Legislative 
Records of the 
Council, xiii., 
204. 

House Jour- 
nal, p. 4. 



RESOLVE ALLOWING £13. 14. 8 TO SAM"-!- GERRISH. 

An Accompt presented by Samuel Gerrish Book Seller, of y'^ Charge 
of printing the Rev** M'' Peter Thatcher's Election Sermon, together 
with Paper and Stitching, Amounting to the Sum of £13. 14. 8. 

[Reacl and] 

Resolved That the Sum of Thirteen Pounds fourteen Shillings & 
Eight Pence be Allowed and paid out of the publick Treasury to y* 
Accompt' Sam" Gerrish, in full Discharge thereof. [Passed August 26. 



CHAPTER 150. 



Legislative 
Records of the 
Council, xiii., 
204. 

House Jour- 
nal, p. 4. 



RESOLVE ALLOWING 50/ TO JOHN AVOODBRLDGE. 

An Accompt presented by John AVoodbridge of York, for the 
Charges of the Sickness of Andrew Baxter a Soldier in his Majestys 
Service Eastw** under Capt Jeremiah Moulton, Amounting to the Sum 
of £3. 10. 

[Read and] 

Resolved that the Sum of Fifty Shillings be Allowed & paid out of 
the publick Treasury to y*^ Accompt' John Woodbridge or his Order in 
full Discharge thereof. l_Passed August 26. 



£2d Sess.] Province Laws (^Resolves, etc.). — 1726-27. 59 



CHAPTEK 151. 

RESOLVE ALLOWING £3. 1 TO CAP JOHN PENHALLOW. 

An Accompt presented by Capt John Penhallow, of the Charge of R|ford"of the 
mending Province Arms, And of Transporting two Penobscot Indians Council, xiii., 

left at Arrowsick and of Cloathiug and Provisions given them Amount- "-^ 

incr to the Sum of £3. 1. nauf.i"""" 



[Read, and Accepted and] 

Resolved that the Som of Thi-ee Pounds and one Shilling be allowed 
and paid out of the publick Treasury to the Accomptant John Penhallow 
iu full Discharge thereof. \_Passed August 26. 



CHAPTER 152. 

ORDER ON PETITION OF THE NORTH & WEST INHABIT'^s OF FRAMING- 
HAM IN REGARD TO LOCATION OF MEETING HOUSE. 

A Petition of the Northern and Western Inhabitants of the Town Legislative 
of Framingham Shewing, that Whereas this Court were pleased at councu^ xiii!!^ 
their last Session to pass an Order for making Void a former Order 205. 
on the Report of the Committee, Directing the Place for Setting up the House Jour- 
Meeting House in the Said Town, The Inhabitants have Since made ^nte!i^.''2S, 
many P^ssaj's to come to an Agreement upon that ^Matter, but with- chap. 4s. 
out any Prospect of Success, And it being probable that the People 
in the vSaid Town will be thi-own into great Contentions and Confu- 
sions, If the Meeting House Should be placed according to the Vote 
of the Said Town, Therefore praying that another Committee may be 
Appointed to View the Said Town and Report the Place for Setting 
the Meeting House on, or otherwise that the Petitioners may be Sett 
off a Seperate and Distinct Precinct. 

Read and Refer'd to the Next Session of this Court for further Con- 
sideration, And that in the mean Time the Petitioners Serve the Town 
of Framingham with a Copy of this Petition, That they Shew Cause 
(if any they have) the first Tuesday of the Said »Session, Why the 
Prayer thereof Should not be Granted, and the Justices of the Infe- 
riour Court of Common Pleas next to be holden at Concord for the 
County of Middlesex are hereby Impowered and Directed to Continue 
over to the then Next Inferiour Court of Common Pleas to be holden 
in and for the County of Middlesex any Action or Actions that may 
be then brought to the Said Court at Concord respecting the Said 
Meeting House or Place for Erecting the Same on, Any Law Usage 
or Custom to the Contrary Notwithstanding. \^Passed August 26. 



CHAPTER 153. 

ORDER ON V PET^' OF Y^ PROPRIET^^ qF DUNSTABLE, GRANTING A 

NEW TRIAL. 

A Petition of Joseph Blanchard and Samuel French in Behalf of r^?*®^^'*^! .u 
"the Propiietors of the Town of Dunstable Shewing that Whereas this Council, xiii., 
Court at their Session in November last were pleased to allow them ?^£: 



60 



Province JjAws, {Resolves, etc.). — 172G-27. [Chaps. 154, 155.] 



House Jour- 
nal, J). 6. 
Province 
Laws, x.,706, 
chap. 365. 



a new Trial of an Action commenced by PZleazer Tyng E-sq"" at tlie lii- 
feiiour Court of Common Pleas for the County of Middlesex in which 
he Obtained Judgment by Default against the Said Proprietors for 
Four Hundred and forty Acres of Land, At the Said Tryal the Said 
Eleazer Tyng recovered Judgment against [them] at y'' Infer"' Court, 
because tlae Justices Warr' for calling a Propriet" Meeting (at W'''' 
they chose Agents to Defend the S** Cause) was not Sealed, "Which 
Judgment against the Said Propriet" was Confirmed at the last Supe- 
riour Court for the Said Count}', and for as much as the S'' Eleazer 
Tyng has no just Cause of Action as may l)e made to Appear when 
the Matter Shall be tried upon the Merits, Therefore praying Relief 
from this Court, and that they may be Admitted to a new Tryal of 
the Said Cause. 

Read and 

Ordered that the Prayer of y" Petition be Granted, and that the Pe- 
titioners be admitted to a new Tryal of the Action mentioned in the 
Petition at the next Inferi'' Court of Common Pleas for the County 
of Middlesex to be held in Dec"" next, and the Justices of the Said 
Court are hereby Directed and Impowered to hear and Determine the 
Said Cause accordingly And that P^xecution be Staid in the mean Time, 
Any Law Usage or Custom to y" Contrary Notwithstanding ; Provided 
the Petition" Serve the Adverse Party with a Copy of this Order at least 
fourteen Days before the Sitting of the Said Court. {^Passed Auyust 26. 



CHAPTER 154. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL, OF THE SLOOP 

LOYAL HEART. 



Legislative 
Kecords of the 
Council, xiii., 
206. 

Suffolk Ct. 
Files, 26283. 
House Jour- 
nal, p. 3. 
Ante, p. 58, 
chap. 147. 



A Muster Roll of the Company in his Majcstys Sei-vice under the 
Command of Capt : Thomas Little on Board the Sloop Loyal Heart 
fitted out by this Governm' against the Pyrates, Containing qn Accompt 
of Wages due to the Said Company for their Service from June 29''' 
1726, to y" 22'' of July following, Amounting to y*" Sum of £153. 9. 4. 

[Read and Accepted, and] 

Resolved that the Sum of One Hundred fifty three pounds Nine Shil- 
lings & four pence be allowed and paid out of the publick Treasury 
to the Said Capt : Thomas Little to be by him paiil to the Officers and 
Soldiers born on this Roll to whom the Same is due in full Discharge 
thereof. \_Passed August 26. 



CHAPTER 155. 



RESOLVE ALLOWING PAYMENT ON SERG^ JA: PARKER'S MUSTER ROLL. 



Legislative 
Records of the 
Council, xiii., 
206. 

House Jour- 
nal, p. 3. 



A Muster Roll of the Compriny in His Majestys Service at North 
Yarmouth under the Command of Serg' James Parker, Containing an 
Acco' of Wages due to them for their S'' Service from Jon"'-^' 18"* 1725, 
to August 22, 1726, Amounting to the Sum of £S'2. 13. 4, 

[Read, and Accepted and] 

Besolved, that the Sum of Eighty Pounds and twelve Shillings be 
allowed & paid out of tlie publick Treasury, to the Officer and Soldiers 
born on this Roll to whom the Same is Due in full Discharge of the 
Wages thereof. [Passed Augzist 26. 



[2d Sess.] Province Laws {Resolves, etc.). — 1726-27. 61 



CHAPTEK 156. 

RESOLVE ALLOWING PAYMENT ON CAPT JN" PENIIALLOWS MUSTER 

ROLL. 

A Mustek Roll of the Company in His Majestys Service Eastw*^ R^?'^!t"Tth 
under the Command of Capt John Penhallow, Containing an Accompt Council, xiii., 

of Wages due to the Said Company for tlieir Said Service from Nov"^ ^"l: . 

16, 1725 to the 25"' of August 1726, Amounting to the Sum of £312. 3. 2. ^^T^^f^"^" 

[Read, and Accepted and] 

Resohml., That the Sum of Three Hundred and Eight pounds one 
Shilling and two pence be allowed and paid out of the Publick Treas- 
ury to the Officers and Soldiers born on the within Roll to whom the 
Same is due (agreable to the Committee's Report) in full Discharge 
of the Wages thereof. [^Passed August 27. 



CHAPTEK 157. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL, OP SLOOP 

DRAGON. 

A Muster Roll of the Company in His Majestys Service under the Legislative 
Command of Capt: Richard Langdon, on Board the Sloop Dragon a councif xm!^^ 
Transport Eastward, Containing on Accompt of Wages due to them -'ot- 
for their Service from the 27* of June 1726, to the 18'^' of August fol- House Jour- 
lowing, Amounting to the Sum of £101. 4. 10 together with the Hire "^'''-i^-^- 
of the Said Sloop the Said Time, Charged at the Sum of £130. 

[Read and Accepted, and] 

Resolved That the Sum of One Hundred and One Pounds four Shil- 
lings and Ten pence be allowed & paid out of the publick Treasury to 
the Officers & Sailors born on the within Roll in full Discharge of the 
Wages thereof. And that the further Sum of Eighty five pounds be 
also allowed and paid out of the publick Treasury to the Owner of the 
Said Sloop Dragon or his Order in full Discharge of the Sloop Hire. 
\_Passed August 27. 



CHAPTER 158. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER-ROLL OF THE SLOOP 

SUSANNAH. 

A Muster Roll of the Company iu His Majestys Service under the Legislative 
Command of Capt : John Robinson on Board the Sloop Susannah a counc'if xiif^^ 
Transport Eastward Containing an Accompt of Wages due to them 207. 
for their Service from June 23^^ 1726, to y*= 18* of August following House Jour- 
amounting to the Sum of £100. 10. 3 Together with the Hire of y^ S'' iiai,pp.5,6. 
Sloop y'' S'^ Time, Charged at y*^ Sum of £130. 

[Read, and Accepted and] 

Resolved That the Sum of One Hundred pounds ten Shillings and 
three pence be allowed and paid out of the publick Treasury to the 
Officers and Sailors born on the within Roll in full Discharge of the 
Wages thereof, And that the further Sum of One Hundred pounds be 
Allowed and paid out of the publick Treasury to the Owners (or their 



62 



Province Laws {Resolves, etc.). — 172B-27. [Chaps. 159-161.] 



lawful Representatives) of the Said Sloop Susannah in full Discharge 
of the Sloop Hii'e and Damages done in the Loading &c. [^Passed 
August 27. 



CHAPTEE 159. 



RESOLVE ALLOWING £15 TO CAPT: THO : LITTLE. 



Legislative 
Records of the 
Council, xiii., 

207. 

House Jour- 
nal, p. 7. 
Ante, p. 60, 
chap. 164. 



Whereas Capt Thomas Little Commander of the Sloop Loyal Heart 
lately employed in His Majestys Service against y'' Pyrates lias faith- 
fully and worthily acquitted himself in the Said Charge and handsomely 
assei'ted and Defended the Honour of his Majestys Government of this 
Province, And of the Commission he has born under his Honour the 
Lieutenant Governour, Notwithstanding the Violent Opposition given 
him by Capt : Cornwall, Commander of his Majest^ Ship Sheerness upon 
this Station. 

Resolved That the Sum of Fifteen Pounds be allowed & paid out of 
the publick Treasury to Capt : Thomas Little in Consideration of his 
Services within mentioned. \_Passed August 27. 



CHAPTER 160 



VOTE ACCEPTING THE COMlVF^^s REPORT ON Y'' LIEUT GOV® SPEECH; 
5 V CENT: ONLY ON INDIAN TRADE: NO SETTLEM^s IN Y^ COUNTY 
OF YORK. TO Y"^ EAST OF N" YARMOUTH. 



Legislative 
Records of the 
Council, xiii., 
208. 

Legislative 
Records of the 
Council, xiii., 
202 bis. House 
Journal, pp. 2, 
8. Province 
Laws, X., 723, 
chap. 416. 



Penn Townsekd Esq'' from the Committee of both Houses on his 
Hon'' the Lieut : Govern" Speech, made Report, "Which with an Amend- 
ment was accepted by both Houses, and as amended is as follows. Viz' 

The Committee appointed to take into Consideration his Hon"" the 
Lieut: Governours Speech are of Opinion, That five per Cent; and 
no more be Advanced on the (Toods and Liquors which Shall be pur- 
chased for Supplying the Indians, That so all other Traders may be 
prevented, and the Indians have their Dependence for Necessarys on 
this Goverument. 

And whereas the Indians have once and again been promised relat- 
ing to their Claims of Lands iu the Eastward Parts ; Which being a 
Matter of great Consequence, and may take up much Time, And the 
Countrey Affairs requiring the Members of the Court being at being 
at^ home. That it may be proper to refer the further Consideration 
thereof to the next Session of this Court, And that in the mean Time, 
no Settlements be made in the County of York to the Eastward of y* 
Township of North Yarmouth in Casco Bay. [Passed August 27. 



CHAPTER 161. 



RESOLVE ALLOWING PAYMENT ON CAP: JOS: HEATHS MUSTER ROLL. 



Legislative 
Records of the 
Council, xiii., 

208. 

House .Jour- 
nal, p. 5. 



A Muster Roll of the Company in His Mftjestys Service Eastward 
under the Command of Capt : Joseph Heath, Containing an Acco* of 
Wages due to them for their Service from the 10"* of Novem'' 1725 to 
the 23'* of August 1726, Amounting to the Sum of £588. 4. 10. 



> Sic. 



[2d Sess.] Province Laws {Resolves, etc.). — 172(5-27. 63 

[Read & Accepted &] 

Resolved that the Sum of Five Hundred Eighty Six pounds two Shil- 
lings & four pence be allowed & paid out of y'' pul)lick Treasury to y* 
Otlicers & Soldiers born on y^ S*^ Roll in full Discharge of y* Wages 
thereof ; Agreable to y* Comm'™' Report. \_Passed August 27. 



CHAPTER 162. 

RESOLVE ALLOWING £100 TO HIS HON« Y^^ L^ GOVERN^. 

Resolved that y^ Sum of One Hundred Pounds be allowed & paid ^gf ^rds^of the 
out of the publick Treasury to His Hon'' William Dummer Esq'' Lieut : Council, xm., 

Govern'' & Commander in Chief of this His Majestys Province with ???: 

the Sincere & hearty Thanks of this Court to his Hon'' for his good ^^'S*®''?*'^! .v, 

r<-) -!-.•• T r-T-» rtn KeCOmS 01 the 

Service s at y*' Ratihcation of y" Peace. \ Passed Auqust 27. Council, xiii., 

•^ ./ L ^ 148,202. House 

Journal, p. 7. 



CHAPTER 163. 

RESOLVE ALLOWING £6 TO JER: MOULTON. 

An Accompt presented by Jeremiah Moulton Esq'' Sheriff of y® County Legislative 
of York, for keeping Joseph Quasson an Indian Prisoner For Murder counclf xul!'^ 
and for making a Gallows and Cotlin for him, Amounting to the Sum 208^ 

of £11. 2. 8. House Jour- 

[Read and] S;.!p'42. 

Resolved that the first Article of this Accompt, amounting to Six chap. loi. 
Pounds be allowed and paid out of y'^ Publick Treasury to the Accompt- 
aut Jeremiah JNIoulton Esq'" in full Discharge thereof, The remaining 
part of the Accompt being a County Charge. [^Passed August 27. 



CHAPTER 164. 

RESOLVE ALLOWING £339. 6. 7 TO THE COUNCIL'S & REPRESENTEE'S 
ATTENDANT ON THE LIEUT. GOV EASTWARD. 

An Accompt presented of Time and Expences of the Several Mem- Legislative 
bers of His Majestys Council ; and of the House of Representatives councif, xm!!^ 
who attended his Hon"" the Lieut : Govern'' Eastward to the Ratification 209. 
of the late Ti-eaty of peace with the Indians, Amounting to the Sum House Jour- 
or Xi).5y. D. /. , jnte,\).ie>, 

[Read and] chap. 114. 

Resolved, That the Sum of Three Hundred thirty Nine pounds Six m!"'^ ^^' 
Shillings and Seven Pence be allowed & paid out of the publick Treas- 
ury to whom the Same is respectively due in full Discharge of the 
within Accompt. \_Passed August 27. 



64: 



Province It A^\s (Besolves, etc. ) . — 1726-27. [Chaps. 165-168.] 



Legislative 
Records of the 
Council, xiii., 
209. 

House Jour- 
nal, p. 7. 
Supra, chap. 
164. 



CHAPTER 165. 

RESOLVE ALLOWING £8 TO M« WAINWRIGHT, 

Resolved that the Sum of Eight Pounds be allowed and paid out of 
the pnblick Treasury to John Wainwright p]sq^ for his Extraordinai-y 
Service to his Honour the Lieut. Govern' and Council, at the Ratifica- 
tion of the Peace. [Passeci August 27. 



CHAPTER 166. 



RESOLVE ALLOWING £18 TO CAPT CYPRIAN SOUTHACK. 



Iiegislative 
Records of the 
Council, xili., 

20U. 

House Jour- 
nal, p. 7. 
Ante, p. .51, 
chap. 129. 



A Memorial of Capt : Cyprian Southack, Shewing that he Officiated 
as Pilot of the Several Vessels that attended his Honour the Lieut : 
Govern'' Eastward to the Ratification of the peace with the Eastern 
Indians and proposing that Some Suitable Recompence be made to 
him for the Same and for his other Services. 

Read and 

Resolved, That the Sum of Eighteen Pounds be allowed and paid out 
of the publick Treasury to the Memorialist Capt : Cyprian Southack iu 
full Discharge of the Within Services. {^Passed August 27. 



Legislative 
Records of the 
Council, xiii., 

209. 

House Joui'- 
nal, pp. 6, 7. 
Ante, p. GO, 
chap. 154. 



CHAPTER 167. 

RESOLVE ALLOWING £40 TO EDWARD JOHNSON. 

An Acco:mpt presented by John and James Alford Factors of Edward 
Johnson Esq'' of the Island of S' Christophers of y" Hire of the Sloop 
Loyal Heart taken up for his Maj" Service against the Pyrates for 
about the Space of a Month, Amounting to the Sum of £130. 

[Read and] 

Resolved That the Sum of Forty Pounds be allowed and paid out of 
the publick Treasury to the Said John & James Alford, for the Use 
of the Said Edward Johnson Esq"" in full Discharge of the Sloop Hire, 
The Wages and Subsistence of the Men being already allowed. \^Passed 
August 27. 



CHAPTER 168. 



RESOLVE ALLOWING PAYMENT OF CAPT EDW» WINSLOW MUSTER ROLL. 



Legislative 
Records of the 
Council, xiii., 

209. 

House Jour- 
nal, p. 8. 
Ante, p. 54, 
chap. 139. 



A Muster Roll of the Guard appointed to attend his Hon^ the J. lent 
Govern"" Eastward to the Ratification of the Treaty with the Indians 
under the Command of Capt Edward Winslow, Containing an Accompt 
of Wages due to them for their Said Service 'the first of July 1726, to 
y"^ 18"' of August following, Amounting to the Sum of £317. 5. 2. 

[Read, and Accepted, and] 

Resolved that the Sum of three Hundred and Seventeen Pounds five 
Shillings and two Pence be allowed and paid out of the publick Treas- 



[2d Sess.] Province hxyvH (Resolves, etc.). — 1726-27. 65 

ury to Capt: Edward Winslow to be by him paid to the Officers and 
Soldiers and Persons born on y'' witliin Koll, to whom tlie Same is 
respectively due in full Discharge of y'' S'' Roll. [_Fassed Aiigust 27. 



CHAPTER 169. 

RESOLVE ALLOWING PAYMENT OF £288. 18. 11 TO CAPT: EDWARD 

WINSLOW. 

An Ac'COmpt presented by Edward Winslow Esq' of Sundry Expences Legislative 
for his Majestys Service Eastward at the Ratification Being for Provi- coSndf.xUL? 

sions and other things, Amounting to y*^ Sum of £288. 18. 11. 21O; 

[Read, and Accepted, and] House Jour- 

Eesolved, that the Sum of Two Hundred & Eighty Eight pounds, X<ey'p!'oi, 
eighteen Shillings & Eleven pence be allowed & paid out of the pub- ^^^v-^-^- 
lick Treasury to Capt Edward Winslow to be by him paid to whom it is 176.'"' ' ' '*' 
due to discharge the Within Accompt. IFassed August 27. 



CHAPTER 170. 

RESOLVE ALLOWING £r26. 10. 6 TO CAPT: EDW" WINSLOW. 

An Accompt presented by Edward Winslow Esq"' of y® Services of Legislative 
Sundry Persons who attended his Hon'' the Lieut: Govern'' Eastward council, xiii., 
to v*^ Ratification of y*^ Peace with the Indians, Amounting to y*" Sum '^_^^ 

of £126. 10. 6. House Jour- 

[Read, and Accepted, and] 5'«pm, chap. 

Resulued, That the Sum of One Hundred twenty Six pounds, Ten ^*''^' 
Shillings and Six pence be allowed and paid out of the publick Treas- 
ury to Capt Edward Winslow to be by him paid to whom the Same 
is respectively due in full Discharge thereof, agreable to the within 
Accompt. [Passed August 27. 



CHAPTER 171. 

RESOLVE ALLOWING £7 TO M« WELSTEED. 



Resolved that y*" Sum of Seven Pounds be allowed and paid out of Legislative 



Records of the 



y* Publick Treasury to ]\P William Welsteed in Consideration of his council, xiii., 
Service' within IMentioned. \_Passed August 27. '^ 

House .Tour- 
• "As a Chaplain at y* Ratification of the Treaty." — Legislative Records of the Coun- Q^'i P- i^'- 
cil, xiii., 210. 



m 



Province Laws (i?eso?ve.s', ete. ) . — 1726-27. [Chaps. 172-175.] 



CHAPTEK 172. 

ORDER DIRECTING A SUPPLY OF STORES FOR Y'' BLOCK HOUSE AT 

ST. GEO: RIVER. 

Recordfoi the ^^' INDENT presented by Capt. John Gyles Commander of y" Block 
Council, xiii., House at S' Geoi'ges River of Sundry Stores necessary for y* Garrison 

— '■ there 

Read and 

Ordered that M"' Treasurer be directed to Supply the Stores withing 
mentioned taking a Receipt for the Accompting for them.^ [^Passed 
August 27. 



Legislative 
Records of the 
Council, xiii., 
210. 

House .Jour- 
nal, p. 8. 
Ante, p. fi.'j, 
chap. 169. 



CHAPTER 173. 

RESOLVE ALLOWING £7 TO MAJ" SAMUEL MOODEY. 

An Accompt presented by IVIajor Samuel Moodey of Twenty Barrells 
of Small Boer by him Supplied to the J^ieut Govern"^ &c. at the Ratifi- 
cation of the Treaty, (omitted in Capt. Winslow's Acco') Amounting 
to the Sum of £7. 

[Read and] 

Resoloed the Sum of Seven Pounds be allowed and paid out of the 
publick Treasury to Major Samuel Moodey in full Discharge thereof. 
[^Passed August 27. 



CHAPTER 174 



RESOLVE ALLOWING CO: TREAS" OF DUKES COUNTY HIS ACCO^. 



Legislative 
Records of the 
Council, xiii., 
211. 

House Jour- 
nal, p. 8. 



An Accojipt presented by Ebenezer Allen Esq' Treasurer of Dukes 
County for the last Year ; Having been laid before the Court of Gener' 
Sessions of the Pe:ace for the Said County, and by them allowed. 

Read and Accepted & 

Ordered that the Said Accompt be allowed. \_Passed August 27. 



CHAPTER 175. 



RESOLVE ALLOWING £1. 4 TO JOS: MARION. 



Legislative 
Records of the 
Council, xiii., 
211. 

House Jour- 
nal, p. S. 



An Accompt of Joseph Marion of "Writing done for the publick in 
the Recess of the Court, Amounting to Twenty four Shillings. 

[Read and] 

Resolved that the Sum of One pound, four Shillings be allowed and 
paid out of the publick Treasury to M"" Joseph Marion the Accomptant 
in full of this Accompt. [Passed August 27. 

» Not found in the House Journal. 



[2d Sess.] PiiOViNCE Laws {lie.solue.s, etc.). — 1720-27. 67 

CHAPTER 17(3. 

RESOLVE ALLOWING £8 TO NATIl'- PARDU. 

A Petition of Nathaniel Pardn, Shewing that having enlisted hin:i- Legislative 
self a Voluntier in His Majestys Service against the Pyi-ates under the cv^um'u.xHLr 

Command of Capt Thomas Little, after the Cruize was over at JNIarble- -j^ 

head, He fell off from a High Wharf upon a Rock which very much House Jour- 

ual u 3 

bruised and wounded him, So that he is disabled from any Manner of Anie,'p.'m, 
Business ; And has been put to great Difficulties & therefore praying '^^^v- ^^■ 
Relief from this Court. 

Read and 

Resolved that y'' Sum of Eight Pounds be allowed and paid out of 
the publick Treasury to the Petitioner in full for his Smart and Loss 
of Time, and to enable him to bear his future Expeuces and return 
to his Family. \_Fassed August 27. 



CHAPTER 177. 

RESOLVE GRANTING A LICENSE TO JAMES PARKER. 

A Petition of James Parker of North Yarmouth, Shewing that upon Legislative 
making the Peace with the Indians, the Said Town is about Speedily cmmcif, xiii!!^ 
to be Setled with Inhabitants, and will need to be accommodated with '^ 



a publick House for the Entertainment of Strangers, and for as much House Jour- 
as the Time appointed by Law for Granting of Licences is elapsed ; prOTince 
Therefore praying that this Court would allow him to Sell Strong Laws ii., 40i, 
Drink, or that y'' Justices of the Peace for 4;he County of York may 
be impowered at their next General Sessions (If they thiuk fit) to 
Grant the Petitioner a Licence. 

Read and 

Resolved, that the Prayer of the Petition of James Parker be So far 
Granted That the Justices of the Peace in General Sessions at their 
next Meeting in the County of York (if they see meet) be Impow- 
ered to grant to the Said Parker a Licence to Sell Strong Drink, The 
Time of Granting Licences being Elapsed Notwithstanding. \^Passed 
August 27. 



68 



PiioviNCE l^A\\ii{liesolves,elc.). — 172G-27. [Chaps. 178, 179.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-third Day of November, A. D. 1726. 



CHAPTER 178 



Legislative 
RecordB of the 
Council, xiil., 
216. 

House Jour- 
nal, p. .5. 
Ante, p. 59, 
chap. 152. 



ORDER ON Y'' PET^' OF Y'^ NORTH & AVEST INHAB^s OF FRAMINGHAM 

FOR A HEARING. 

Upon the Petition of the Northern and Western Inhabitants of the 
Town of Framingham ; [" praying that another Committee may be 
Appointed to View the Said Town and Report the Place for Setting 
the Meeting House on, or otherwise that the Petitioners may be Sett 
off a Seperate and Distinct Precinct."] 

Onhred that a Hearing be had on this Petition before the Court on 
Wednesday y*^ fourteenth of December next, And that tiie Retitioners 
Serve the Town of Framingham with a Copy of this Order, That so 
the}' may Shew Cause at the Hearing ; Why the Prayer of the Petition 
Should not be Granted : Unless the Parties agree in the meauTime, 
Which this Court earnestly recommend to them ; The whole Charge to 
be born by the Petition" 

Ordered., that the Justices of the Inferiour Court of Common Pleas 
for the County of Middlesex be Impowered and Directed at their Next 
Sessions to be held at Charlestown to Continue over to the then next 
Term any Action or Actions depending in the Said Court respecting 
the Meeting House in y* Town of Framingham or Place for Erecting 
the Same upon, Any Law Usage or Custom to the Contrary Notwith- 
standing. \_Passed November 25. 



CHAPTER 179 



Legislative 
Eecor(is of the 
Council, xiii., 
217. 

House Jour- 
nal, p. 6. 
Province 
Laws, ix., 290, 
chap. 21. 



ORDER ON HUGH PIKES PETITION. 

A Petition of Hugh Pike of Newbury Shewing that he was griev- 
ously wounded at Port Royal under the Command of Coll" March; by 
Avhich he is become a Cripple, and uncapablo of any Labour for his 
Livelihood, and the Support of his Family, And is now much advanced 
in Years pra3'ing Relief from this Court. 

Read and In Answer to this Petition 

Resolved that the Sum of Fifteen pounds be allowed and paid out of 
the publick Treasury (over and above the Annual Pension y^ Petition'' 
receives) to Richard Kent Esq"' to be by him repaid to the Petitioner 
in Consideration of the INIisfortunos and Difflculties he has undergone 
the last Year occationed by his Said Wounds. \_Passed November 2S. 



[3d Sess.] Province Laws (liesolves, etc.). — 1726-27. 69 



CHAPTER 180. 

RESOLVE ALLOWING 10/ TO SAM'-'- MORGAN. 

A Certificate Sign'd W" Pyncheoii Under Sheriff, Setting forth |^|fi'rd^'^^the 
That in October lust, He iuipres.s'd Samuel Morgan to go Express Council, xiii., 

from Springfield to Northampton in the Service of the Province, '^^ 

Which was accordingly performed by the Said Morgan. ?a°i"p! e.^"*^' 

Read and 

Resolved that the Sum of ten Shillings be allowed and paid out of 
the publick Treasury to M'' Samuel Day to be by him repaid to the 
AVithin named Samuel Morgan in full Discharge of the Services within 
mentioned. \_Passed November 28. 



CHAPTER 181. 

RESOLVE ALLOWING £4 TO JOHN KINGSLEY. 
A Petition of John Kingsley of Northampton Shewing that the last J;*'?^^^?*^^?^,, 

o • 1 • TT • ' 1 T> n • -AT 11 o 4- T- Records of the 

Spring his Horse was impress d By Benjamin Alvord who was Sent Ex- council, xiii., 

press to Albany in the Service of the Governm' & left in y*^ Woods and ''^ 

Some Time after was found and return'd to the Petition'' being very ^Xif 7*'^ 
much Damaged by the Journey, Praying an Allowance out of y*" pub- 
lick Treasury for the Hire of his Horse and y*^ Damage aforesaid. 

Read and 

Resolved that the Sum of Four Pounds be allowed and paid out of 
the publick Treasury to M'' Ebenezer Wright to be by him repaid to 
y" Said John Kingsley in full Satisfaction of the Damages done to his 
Horse, as Set forth in his Petition. [Passed November 28. 



CHAPTER 182. 

ORDER OF NOTICE, ON THE PETITION OF MARY TRILL, IN A BASTARDY 

CASE. 

A Petition of Mary Trill of Westfield, Shewing that it was her Mis- Legislative 
fortune to have a Base born Child by one John Pell of the Same Place coundi! xm!!^ 
That She was constant in Charging him with being Father of her Child '^ij^- 
at her first Examination before the Justice, at the Birth of the Child House .Tour- 
and upon Oath before the Court of Sessions of the Peace, But Some ii^'- pp-^' i^- 
ill minded Persons wrongfully inform'd the Court of her Character in 
Order to invalidate her Charge against the Said Pell, Which he con- 
fidently denied in Court, But the Petitioner, having given Sufficient 
Satisfaction to the Court (as She Supposed) for the Conviction of the 
Said Pell, return'd home being dismissal by the Court, after w"'' in the 
Petitioners Absence, the Said Pell was acquitted and discharged from 
any Obligation to Maintain the Child, And the Petitioner having no 
Opportunity of Appeal is without Relief, & therefore praying a Remedy 
from the Goodness and Justice of this Court 

Read and 

Ordered that the Petitioner Cause the Adverse party to be Served 
with a Copy of this Petition, That so he give in his Answer if he Se 



70 



Province Laws (i2eso/ve.s-,e^c.). — 1726-27. [Chaps. 183-1H5.] 



Legislative 
Records of the 
Couucil, xiil., 
220. 

House Jour- 
nal, i){). 9, 10. 



Cause on Wednesday the Twenty first of December Next, If y* Court 
Shall be then Sitting, Otherwise on the first Fryday of the Next Ses- 
sion. l^Passed November 29. 



CHAPTEK 183. 

ORDER GRANTING 100 ACRES OF LAND TO CAP: JER: MOULTON. 

A Memokial of Capt : Jert'iniah Moulton, Shewing that during the 
late Indian War he had the Coiinnaud of diverse Parties of Men with 
which he undertook and pcrfornie'd Several Hazzardons & Tedious 
Marches against the P^neni}', That he had the principal Command 
when the Indians were .Surprized at Norridgewock, & So manj' of 
them Slain in y* Year 1724. Coll" Harmon not comming up with his 
Men till the Action was over. Praying that this Court in Considera- 
tion of his Said Services would please to make him a Grant of One 
Hund** Acres of Land out of y"^ Unappropriated Land belonging to y* 
Pro*^*^ within y'' County of York. 

Read & 

Ordered that y'' Prayer of this Petition be Granted, and that the 
Petitioner have leave to Survey and lay out One Ilundri'd Acres of 
the Unappropriated Lands of this Province lying within the County 
of York, Which Land Shall be laid out by a Surveyor and Chain Men 
under Oath, And a Plan tiiereof return'd to this Court within Twelve 
Months for further Confirmation to the Petitioner. In Consideration 
of the good Services done for the Province by him. {^Passed Novem- 
ber 29. 



CHAPTER 184. 



RESOLVE ALLOAVING TREA« ALLENS ACCO^ OF DISBURSEM^s. 



Legislative 
Records of the 
Council, xiii., 
220. 

House Jour- 
nal, p. 5. 
Ante, )i. .51, 
chap. 129. 



An Acoompt presented by Jeremiah Allen Esq'' Treasurer of the 
Province, Of IMoney paid and Disbursed for Provisions Cloathing & 
other Necessarys for His jMajestys Service Eastward and other Inci- 
dental Charges in y*" S'' Service from y"" 25, of May 172G, to y 23 of 
Novem' following, Amounting to the Sum of £o,oG2. 3. 9 ; After Deduc- 
tions for Sundrys return'd from tiie Frontiers. 

[Read & Accepted and] 

Resolved that M"^ Treasurer Allen be and hereby is discharged of the 
Sum of Three Thousand three Hundred And Sixty two Pounds three 
Shillings and Nine Pence. \_Passed November 29. 



Legislative 
Records of the 
Council, xiii., 
221. 

Legislative 
Records of the 
Council, xiii., 
14S. House 
Journal, p. 5. 
Ante, p. 31, 
chap. 75. 



CHAPTER 185. 

VOTE ALLO"\VING TREAS«« ACCO^'' OF Y*" 1NDL\N TRADE. 

Several Accompts presented by Jeremiah Allen Esq^ Treasurer, 
referring to the Indian Trade ; viz : an Accompt of Sundry Sorts of 
Goods bought for the Indian Trade and Consign'd to Capt : Joseph 
Heath, and M"" Edward IMountforth, Amounting to the Sum of £1.778. 
10. 11 An Accompt of Peltry remitted by the Truck Masters and Sould 
to Sundry Persons, Amounting to the Sum of £1.417. fi. 10 And an Ac- 
compt of Stock for a Trade with the Indians to purchase Goods suit- 



[3d Sess.J Pkovincr Laws {Resolves, etc.). — 172(3-27. 71 

able for Such Trade by Order of the General Assembly Auiouiitiiig to 
the Sum of £I,i)01. 4. G Ball" carried over to a new Accompt being so 
much for Stock, amounting to the Sum of £1,898. 7. 8. 

Read [and Accepted] and 

Voted that the Ballance of this Accompt being Eighteen Hundred 
Ninety eight Pounds Seven Shillings and Eight Pence, M"" Treasurer 
Allen is further to be Accomptable for. \_Passed November 29. 



CHAPTER 186. 

ORDER ON SAM'i- BROWNS PETITION DISCHARGING HIM OF £23. 

A Petition of Samuel Brown of Billingsgate in the Township of East- ^If^jJ^g'^f ^j, 
ham, Shewing that being Constable of the Said Town the last Year And council, xin., 

having Collected the Sum of Twenty five Pounds of the Inhabitants 'z!li 

of the Said Town in Part of the Province Tax by Vertue of a Warrant "jJS^ff fo°'^'^' 

from the Assessors, he delivered the Said Sum in Bills of Credit to 

one Benjamin Benn, desiring him to deliver it to one James Gambel 

Master of a Sloop bound to Boston, with Orders that he Should deliver 

it to M'' James Googe who was desired to pay it to the Treasurer for 

the Said Tax, And that the Said Gambells Sloop was cast away, and 

the Company all Drowned, And in as much as Twenty three Pounds 

of the Said Sum were of the Bills of Credit on this Province praying 

that the Said Sum may be remitted to him. 

Read and 

Ordered that the Prayer of the Petition be Granted, and that the 
Province Treasurer is hereby Ordered and Directed to Discharge the 
Said Constable Samuel Brown of the Sum of Twenty three pounds 
Accordingly. \_Fassed November 30. 



CHAPTEK 187. 

RESOLVE ALLOWING £3 TO MICHAEL KELLEY. 

A Petition of Michael Kelley late a Soldier in His Majestys Service Legislative 
Eastward under ColP Johnson Harmon, praying an allow'^'^ for his Ex- oounc^lf xm^^^ 
pences at the House of Richard Collar of Falm" Occationed by a Violent •2-22. 
Fever with which he was visited at y^ Time of his being in y*" Service, House Jour- 
as appears by a Certificate from y*" S*^ Coll : Harmon ^^^' ^^' ^^■ 

Read and 

Resolced that the Sum of Three pounds be allowed and paid out of the 
publick Treasury to y*" Petitioner Michael Kelley or his Order in Answer 
to his Petition. \_Passed November 30. 



CHAPTER 188. 

RESOLVE ALLOWING PAYMENT OF SERG^ JA : PARKERS MUSTER ROLL. 

A Muster Roll of the Garrison at North Yarmouth under the Com- Legislative 
mand of Sergeant James Parker Containing an Accompt of Wages due councif xiii^'^ 

to them for their Service from the 23'' of August to the 12"" of Septem- '223. ''__ 

ber 1726, Amounting to the Sum of £9. 14. 3. House .lour- 

[Read and] °''''> p- "• 



72 



Province Laws (Besolves, etc.) . — 1726-27. [Chaps. 189-191.] 



Resolved That the Sum of Nine Pounds fourteen Shillings and three 
pence be allowed and paid out of the publick Treasury to the Officers 
and Soldiers born on the within Roll to whom the Same is due in full 
Discharge thereof. [Passed December 1. 



Legislative 
Records of tlie 
Couucil, xiii., 
■223. 

House Jour- 
nal, p. 11. 



CHAPTER 189. 

RESOLVE ALLOWING PAYMENT OF ENS^' MOSES MARKHAMS MUST: 

ROLL. 

A Muster Roll of the Garrison in His Majestys Service at North 
Yarmouth under the Command of Ensign Moses Marcum, Containing 
an Aecompt of Wages due to tiieui for their Service from the third of 
ma}^ to the 21 of Septem])er 1720 amounting to the Sum of £50. 11. 8. 

[Read & accepted and] 

Resolved, That the Sum of fifty Pounds eleven Shillings and eight 
pence be allowed and paid out of the publick Treasur}' to the Officers 
and Soldiers born on y* within Roll, in full Discharge thereof. [Passed 
December 1. 



CHAPTER 190. 



RESOLVE ALLOWING £18 TO CAPT JOHN GYLES. 



Legislative 
Records of the 
Council, xiii., 
223. 

House Jour- 
nal, p. 15. 



A Petition of Capt. John Gyles praying that this Court would take 
into Consideration his Extraordinary Services for the publick as an In- 
terpreter to the P]astern Indians and in Writing and Sending Dispatches 
from them to the Lieut. Governour, and that Some Enlargement may 
be made to his pay, His present allowance being not Sufficient for the 
Necessary Support of himself and his Famil}'. 

Read [& Accepted,] and 

Resolred that the Sum of Eighteen pounds (being three pounds per 
Month, for Six Months past) Ijc alloweil and paid out of the i)ublick 
Treasury to Capt John Gyles in Consideration of his Services men- 
tioned in the Petition. [Passed December 1. 



CHAPTER 191. 

RESOLVE ACCEPTING REPORT OF \^- COM^"^"^ OF BOTH HOUSES OF BURN- 
ING TORN & DEFACED BILLS OF CREDIT. TREAS^^ DISCHARGE FOR 
BILLS OF CREDIT BURNT. 



Legislative 
Records of the 
Couucil, .xiii., 
223. 

Legislative 
Records of tlie 
Council, xiii., 
21,5. House 
Journal, p. 13. 



In Obedience to an Order of the Great and General Court in their 
present Session appointing us the Subscribers a Committee to take an 
Aecompt of Province Bills of Credit that are torn and defaced. 

We have accordingly received of M"^ Treasurer Allen the Several 
Bills of the Denomination in the Above Aecompt.' Amounting to y^ 
Sum of Twenty Thousand two Hundred and Sixty pounds, thirteen 
Shillings and ten pence half penny, all of which we have consumed to 
Ashes Whereof Two Thousand one Hundred and ninety Six pounds 
eight Shillings and three ponce of the Abovesaid Sum was delivered 
us on Aecompt of the £50,000 Loan, also the remaining Sum of Eigh- 

> The detailed account, here as elsewhere, is omitted. 



[3d Sess.] Froy i^CK Lia^wh (Besolves, eic). — 172G-27. 73 

teeii Tliousaiul and Sixty four Pounds live Sliillings and Seven pence 
Half peny was delivered us on aeconipt of the Province, as being re- 
ceived in by Taxes Impost and Excise making in the whole the Sum 
of Twenty Thousand two Hundred and Sixty pounds tliirteen Shillings 
and ten pence half penny, as Witness our Hands this 29"' Day of No- 
vember 1726. 

Pexn Townsend John Quincy 

Jonathan Remington Thomas Palmer 

John Hallantine John Chandler Jun" 

Tho : Hutchinson Thomas Gushing. 

Henry Phillips 
Read and Accepted and, 

Resolred that JNI"' Treasurer Allen be and hereby is discharged of the 
Aforesaid Sum of Twenty Thousand two Hundred & Sixty Pounds Thir- 
teen Shillings and ten pence half penny accordingly. \_Passed Decem- 
ber 1. 



CHAPTER 192. 

RESOLVE ALLOWING £7. 17. 4 TO CAP. JN"^ GYLES. 

AnAccompt presented by Capt John Gyles of Sundry Disbursem" R^^'^Y^'^th 
for Provisions Supplied the Chiefs of the Penobscot Indians, as also Council, xm., 

Zechariah Trescot who was Sent Express, together with y*" Doctors Bill '^jh 

For Medicines &c. for him when sick. Amounting to £7. 17. 4 And an House .lour- 
Articles of Provisions out of the Truck Stores. 

[Read, & Accepted and] 

Resolved that the Sum of Seven Pounds Seventeen Shillings and four 
pence be allowed and paid out of the publick Treasury to Capt. John 
Gyles the Accomptant, y"" Treas' to allow him for the Provisions &c 
charged in the Accompt. \_Passed December 1. 



CHAPTER 193. 



ORDER FOR A COM^ee qF BOTH HOUSES ON THE PETITION OF DIVERS 
INHABIT'^^ OF SCITUATE & ABINGTON FOR A TOWNSHIP. 

A Petition of divers Inhabitants of the Towns of Scitnate and Abing- Legislative 
don^ Shewing that they are under great Difficulties for attending the courK^i^ xn\^^ 
publick Worship of God in their respective Towns, and that the}' are ^-^t. Mas's. 
Scituated very commodiously for making a distinct Township, And w^xiiiV^f^k 
have a Sufficient Number of Inhabitants to carry on the Affairs of a ^^^^_ 
Town, And therefore praying that the Lands within the Limits here- Archives, 
after mentioned may be Erected into a Township, That is to Say, a ccxmi.,''26,27.' 
Tract of Land of near Ten Thousand Acres, partly of the Town of ^.fi^pp'^j^^'iy 
Scituate and partly of the Town of Abington, thus bounded. Begin- Ante, p. 39, 
ning at the third Herring Brook at Deacon Jacobs's Saw Mill Dam, ^'^''^p-"^- 
And from thence running near West about Two Hundred forty Six 
Rods to the North East Corner of Corner of ^ Isaac Turners great Lott, 
Then near West with the North Side Line of said great Lott one Mile 
to the Shear Line, and then continuing the Same Course three Quarters 
of a Mile, Then turning and running near South, Two Miles to the South 
West Corner of Nehemiah Cushings Lott, Then South Five Degrees and 

1 Sic. 



74 



Province IjA^vs {Resolves, etc.) . — 1726-27. [Chaps. 194, 11»5.] 



forty Minutes West to the Southerl}' Bounds of Abingdon, & on tlie 
Soutli Side of it is bounded on the Line betwixt Abingdon & Pembrook 
And on Indian Head River, And South Easterly by the North Kiver, 
& P^asterly by the Aforesaid Third Herring Brook so called, From the 
Said North River to the Dam before mentioned : And that an Act of this 
Court may be pass'd for making the .Said Lands a Township accordingly. 

In Council Read & 

Ordered thut the Hon'''" William Taller Esq"" & Elisha Cook Esq' with 
such as the Hon''"'' House of RepresenV^^ shall appoint be a Comm'"' to 
repair to the Laud petition'd to be erected into a Township & view the 
same & enquire, into the Circumstances of tlie Petitioners & Report 
what they think proper for this Court to do thereon 
In the House of Represent'" 

Read & Concur'd with the Amendment Viz' The Charge of the Com'" 
to be born by the petitioners, and Ezra Bourne Esq' Maj' Tileston & 
Edward Arnold Esq' are joyned with the Committee of the Honour- 
able Board in the Affair 
In Council ; 

Read «& Concur'd. [^Passed December 2. 



CHAPTER 194. 

ORDER ON SOLOMON BRIANT'S PETITION IMPOWERING HIM TO SELL 

LAND. 



Legislative 
Records of the 
Council, xiii., 
228. 

House Jour- 
nal, pp. 11, 20. 



A Petition of Solomon Briant of Falmouth Indian Shewing that his 
Brother John Peters died Seized of one Fifty Acre Lott of Upland lying 
in the Town of Dartmouth, And in his last Will bequeath'd the Same 
to the Petitioner, who finds it under Mortgage and Incumbrance and 
that the Sum of Thirty Pounds is necessaiy to clear it. That the Peti- 
tioner has taken out Letters of Administration, and not being able to 
pay the Said Debt, and living at Falmouth (as aforesaid) where the 
Land can be but of little profit to him, therefore praying that he may 
have Liberty to Sell the Said Land. That So he may pay his Brothers 
Debts with part of the produce thereof & improve the remainder for 
his own Benefit and more comfortable Support. 

Read and 

Ordered that the prayer of the Petition be Granted and that the 
Petitioner be allowed and Impowered to make Sale of the Lands ac- 
cordingly And Ezra Bourn Esq' is Desired to assist the Petitioner in 
the Sale of the Land, and that he post up an Advertisement of* the 
Time & place of the Sale in Some publick Place or Places at least 
twenty Days before the Said Sale that the Petitioner may have Jus- 
tise done therein. And that he take Care that the Surplusage be laid 
out in Some Real Estate or other wise as Shall be to the Petitioners 
best Advantage. \^Passed December 2. 



CHAPTER 195. 



RESOLVE ALLOWING £12. 3 TO JAMES PARKER. 



Legislative 
Reoorda of the 
Council, xiii., 

228. • 



A Memorial of James Parker of North Yarmouth, Shewing that a 
Scooner belonging to him having put into S' Georges River, was on the 
Ninth of October last Ordered to carry an Express for his Majestys 



[3d Sess,] Province Laws {Resolves, etc.). — 172(3-27. 75 

Service on which Siie was by bad Weather detaiii'd Several Days, & ""ly^,*; '/(f.*^- 
that the JMemorialist was by John Wheelwright Esq' Ordered to Attend 
the Examination of three Indians at Winter Harbour in which he was 
employed four Days and at the Charge of Horse Hire praying that he 
may be allowed the Sum of Twelve pounds in Satisfaction for y*" Said 
Services. 

Read [&, Accepted] and 

Resolved that the Sum of Twelve Pounds three Shillings be allowed 
And paid out of the publick Treasury to the Petitioner James Parker 
in full for the Services within mentioned, [^Passed December 2. 



CHAPTER 196. 

RESOLVE ALLOWING PAYMENT ON THE MUST^ ROLL OF L^ COLL: 
JOHNSON HARMON. 

A Muster Roll of the late Company in His Majestys Service East- Refords^ofthe 
ward under the Command of Lieut Coll'' Johnson Hannan containing Council, xiii., 

an Accompt of Wages due to them for their Said Service from the 22^" of — 

Novem-- to y'^ 16"^ ot\Ianuary 1725, Amounting to the Sum of £151 . 18. 4. ^^^^^^ .Jour- 

[Read, & Accepted and] 

Resolved, That the Sum of One Hund*^ and Forty five Pounds fifteen 
Shillings and Eight pence be allowed & paid out of the publick Treas- 
ury to the Officers and Soldiers born on y*" within Roll to whom the 
Same is respectively due in full Discharge thereof Agreable to the 
Committees Report. \_Passed December 3. 



CHAPTER 197. 

ORDER OF NOTICE AND HEARING ON THE PETITION OF THE INDIANS 
OF CHEBAQUEDOCK. 

A Petition of the Body of Indians Natives of the Island of Che- Legislative 
baquedock, Shewing that their Sachem Jacob Seeknout made Choice of coundf, xiii.l^ 
Simeon Butler to be his Aoent and entrusted him with the Care of the '^^ 



Said Island and Interests of y'' Indians, therein pursuant to the Award House Jour- 
of the Hon'"''^ Joseph Dudley Esq'' and Others, Ratified by the Genei'al pVoVince' 
Court in the Year 1715. And the Indians did then approve of Said ^h'!^p® ooi' '"^' 
Butlers appointment to the Said Charge, But of late he has been very 
unfaithful in the Execution thereof, Couvei'ting most of the profits of 
the Said Island to his own Use, Having purchased Lands of the Said 
Sachem built a House thereon, and Setled a Tenant and brought great 
Numbers of Cattle to Eat up the feed of the Island, By which means 
the Petitioners are Impoverished and almost ruined, And can obtain 
No Redress from their Sachem who is given up to Drunkenness and 
is entirely negligent of his Own as well as their Interests ; And there- 
fore praying that the Said Simeon Butler may be removed from his 
Said Trust and be Ordered to carry off his Cattle, And that Some 
honest persons may be appointed by this Court to be Overseers for 
them, and to take Care of their Interests upon the Said Island of 
Chebaquedock. 

Read and 

Ordered that the Petitioners cause Simeon Butler to be Served with 
a Copy of this Petition, and that he attend this Court on Thursday the 



76 



Province 1jAv>^^ {Resolves, etc.) . — 172(3-27. [Chaps. 198-200.] 



Twenty second instant to make Answer thereto, And that Enoch Coffin 
and John Worth Esq" be desired and directed forth with to take Such 
Evidences upon Oath as Shall be offered by either party respecting the 
Complaints therein mentioned, And that the Adverse Parties be Notified, 
that they may be present at the Caption, if they Se Cause ; And the 
Said Evidences be Sealed up and Sent to the Secretary without Delay. 
\_Passed December 3. 



CHAPTER 198. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GAR- 
RISON AT S' GEORGES. 



Legislative 
Records of the 
Council, xiil., 
230. 

House Jour- 
nal, p. 15. 



A Muster Roll of the Garrison in His Majestvs Service at the Block 
House on S' Georges Uiver under the Command of Capt John Gyles 
containing an Accompt of Wages due to them for their Service from 
the 10"' of June 1726 to the 4"' of November following Amounting to 
the Sum of £242. 12. 

[Read & Accepted and] 

Resolved That the Sum of two Hundred and forty pounds twelve 
Shillings be allowed and paid out of the publick Treasury to the Offi- 
cers and Soldiers born on y*" Within Roll in full Discharge of the Wages 
thereof. [Passed December 3. 



CHAPTER 199 



RESOLVE ALLOWING £2.i. 5 TO M« EDW" SHOVE. 



Legislative 
Records of the 
Council, xiil., 
•230. 

House .Jour- 
nal, p. 19. 
Ante, p. ."il, 
chap. l'2!i. 



An Accompt presented bj' P^dward Shove of his Time & Charges in 
Attending the Lieut. Goverii"^ at the Ratification, of the peace at Fal- 
mouth amounting to the Sum of £25. 5. 

[Read and] 

Resolved that the Sum of Twent}^ five pounds five Shillings be allowed 
and paid out of the Publick Treasury to the Accomptant M"" Edward 
Shove in full Discharge thereof. [Passed December 3. 



CHAPTER 200 



RESOLVE ALLOWING 10/ TO DANIEL SMITH. 



Legislative 
Records of the 
Council, xiii., 
230. 

House Jour- 
nal, p. 19. 



An Accompt of Daniel Smith, Of the Hire of his Horse impress'd 

for his Majestys Service from Ipswich to Boston amounting to 10'. 

[Read and] 

Resolved that the Sum of Ten Shillings be allowed and paid out 
of the publick Treasury to INF Benjamin Crocker, to be by him paid 
to the Accomptant Daniel Smith in full Discharge thereof. [Passed 
December 3. 



[3d Sess.] Province Laws {Resolves, etc.). — 172G-27. 77 



CHAPTER 201. 

RESOLVE ALLOWING £20. 10. 10 TO RICH" KENT ESQ". 

An Accompt presented by Richard Kent Esq"" of his Time and Ex- Legislative 
pence in Attending on His Hononr the Lient. Govern'' at the late Kati- council^ xui.',^ 
fication of the Peace at Fahnouth Amounting to the Sura of £20. 10. 10. 23fK 



[Read and] House Jour 



p. 19. 



Resolved., That the Sum of twenty Pounds ten Shillings and ten pence Ant^,'\^.:<\, 
be allowed and paid out of the publiclc Treasury to the Accomptant ••''=iii- 1-^'-'- 
Richard Kent Esq' in full Discharge thereof. \_Fassed December 3. 



CHAPTER 202. 

RESOLVE ALLOWING £14. 10 TO JOS: HAMOND ESQ^. 

An Accompt presented by Joseph Hammond Esq"" of his Time and p*^^^®^f**^|^, 
Expence in Attending his Honour the Lieut*^ Govern'' at the late Rat- council, xiu., 
itication, of the peace at Falm" Amounting to the Sum of £14. 10. '^E: , 

[Read, and] nT^^2o'"'"' 

Resolved, That the Sum of fourteen pounds ten Shillings be allowed Aiite,'Y,.f>\, 
and paid out of the publick Treasury to the Accomptant Joseph Ham- 
mond Esq'' in full Discharge thereof. \_Passed December 3. 



(■h;i)). l-21t. 



CHAPTER 203. 

RESOLVE ALLOWING £45. 0. 2 TO EDW° WINSLOW ESQ''. 

An Accompt presented by Eldward Winslow Esq'' Sheriff of the Legislative 
County of Suffolk, For Sending into the other Counties Proclama- coum-n.xm^f 
tions Treasurers Warrants &c for Sending Expresses, And for his -'3i. 
Own & Officers Attending on, impressing Vessels Stores &c. Amount- House .Tour- 
ing to the Sum of Thirty i)oniids Nineteen [Shillings] and Eleven °^^' P' "■^^' 
pence, Together with divers Trades Mens Bills for Work done to the 
Govern''^ House Amounting to the Sum of £14. 0. 3 In all the Sum 
of £45. 0. 2. 

[Read and Accepted, and] 

Resolved that the Sum of Forty five pounds and two pence be allowed 
and paid out of the publick Treasury to the Accomptant Pxlward Wins- 
low Esq"' to be by him repaid to whom the Same is respectively due in 
full Discharge of y"" S*^ Accompts. \_Passed December 5. 



CHAPTER 204. 

RESOLVE ALLOWING £35 TO BAR: GREEN AND SAM"- KNEELAND. 

An Accompt presented by Bartholomew Green and Samuel Knee- Legislative 
land of Paper and Printing of the Votes of the House of Representa- coundi^ xnV'^ 
tives for the Sessions of the Court in May and August last together 231. 



78 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 205-207. j 



House Jour- 
nal, p. 20. 



with paper and printing Lists of Rates and Rateable Estates Amount- 
ing to the Sum of £35. 

[Read and] 

Resoloed that the Sum of Thirty five pounds be allowed and paid out 
of the publick Treasury to the Accomptants Bartholomew Green and 
Samuel Kneeland in full Discharge thereof. \_Passed December 5. 



CHAPTER 205. 



RESOLVE ALLOWING £31. 9 TO DAVID MELVIL. 



Legislative 
Records of the 
Council, xiii., 
232. 

House Jour- 
nal, p. 20. 



An Accompt presented l)y David Melvil late Keeper of the Prison 
in Boston for keeping Divers Indians by Order of the Government ; 
Charges in Conveying Indians to the Castle, together with the Charge 
of keeping George Condick a person condemned for Pyracy, Amount- 
ing to the Sum of Thirty five pounds five Shillings 

[Read ' and] 

Resolved, That the Sum of Thirty One pounds nine Shillings be 
Allowed and paid out of the publick Treasury to the Aecomptant 
David Melvil in full Discharge thereof. [^Passed December- 5. 



CHAPTER 206 



Legislative 
Records of the 
Couucil, xiii., 
232. 

House Jour- 
nal, p. 21. 
Ante, p. 24, 
chap. 50. 



RESOLVE ALLOWING £10 TO NOAH JOHNSON. 

A Petition of Noah Johnson one of the Soldiers under y* Coiiiand 
of the late Capt John Lovewell, Shewing that his Wounds he received 
from the Indian Enemy at Pigwacket have disabled him from any Labour 
for his Livelihood, Several Bones in his Right Hand being broken by 
the Shot; So that there is no probability of his ever having the Use 
of it again, And therefore praying an Allowance to Satisfie the Charge 
of his Doctor and Recompence him for his Loss of Time and Smart 
Money Since the last Allowance out of the publick Treasury granted 
him by this Court. 

Read and 

Resolved That the Sum of Ten pounds, be allowed and paid out of 
the publick Treasury to the Petitioner Noah Johnson for his Loss of 
Time Since the last May Session Occationed by the Wounds mentioned 
in the Petition One of them being now Open. \_Passed December 5. 



CHAPTER 207 



Legislative 
Records of the 
Council, xiii., 
232. 

House .Jour- 
nal, p. 17. 



RESOLVE ALLOWING PAYMENT OF L^ JN'^ LARRABEE'S ACCO'^ OF VICT- 
UALING Y^ GAR'^"^ AT CASTLE WILLIAM AND MAKING AN ADVANCE 
OF £200. 

An Accompt presented by Lieut, John Larrabee of Victualing the 
Officers and Soldiers of the Garrison at His Majestys Castle AVilliam 
together with the Subsistence of Paul Baptist a French ]\Ian and two 
Indians, The Said Acco' beginning Maj^ 23 and ending Novem"" 20 

1 Committee's report not accepted. 



[3i) Sess.] Province Laavs (Resolves, etc.). — 1726-27. 79 

1726, Amounting to the Sum of £383. 4. 2 Of Which y" Sum of £200 ^{,'^^;_^^^^' 
was udvaiiced to him; Remains the Sum of £183. 4. 2. 

[Read and Accepted and] 

Resolved., That M"" 'J'reas'' Allen be directed to pay to the Accompt- 
ant Lieut John Larrabee the Sum of One Hundred Eighty three Pountls 
four Shilling and two pence out of the publick Treasury being the Bal- 
lance of this Accompt; And further to enable the Said John Larrabee 
to Victual the Garrison, at His Majestys Castle William according to 
the last Establishm' It is further 

Resolved that M'' Treasurer Allen be and hereby is directed to pay 
& Advance to L' John Larrabee y*^^ Sum of two Hundred Pounds for 
Victualing y<^ Said Garrison According to the S'' Establishm* taking 
Security from him for y*^ true & faithful Performance thereof. \_Passed 
December 5. 



CHAPTER 208. 

RESOLVE ALLOWING £10. U. 4 TO TETER WALTON. 

An Accompt presented by Peter Walton of his Time and Materials Legislative 
for the Mending of Whale Boats belonging to the Province and mak- councu^ xiii!!^ 
ing a Cradle and Cotiin for an Indian that died in the Service, Amount- '^33. 

ing to V" Sum of £16. 8. 4. House .lour- 

[Read, & Accepted and] °^^' P" ^^■ 

Resolved that the Sum of Ten pounds fourteen Shillings and four 
Pence be allowed and paid out of the Publick Treasury to Edmund 
Mountforth to be by him repaid to y*^ Said Peter Walton in full Dis- 
charge thereof, Agreable to y*" Committees Report. \_Passed Decem- 
ber 5. 



CHAPTER 209. 

RESOLVE ALLOWING £21. 11. 8 TO EDMi* MOUNTFORTH. 

An Accompt presented by Edmund Mountforth of y"^ Hire of a Ware Legislative 
House and Cellar f or y* publick Stores, Gundaloe Hire, Boards bought co Sudf xm*^^ 
& other Disbursements for y'^ publick, Amounting to the Sum of £21. 233. 
II- 8. House Jour- 

[Read & Accepted and] °^i' p- ^i- 

Resolved That y*' Sum of twenty one pounds Eleven Shillings & Eight 
Pence be allowed & paid out of y'' publick Treasury to the Accomptant, 
Edmund Mountforth in full Discharge thereof. \_Passed December 5. 



CHAPTER 210. 

RESOLVE ALLOWING 40/ TO JAMES PARKER. 

A Petition of James Parker Shewing that he apprehended two Indian Legislative 
Soldiers belonging to the Garrison at S' Georges named Thomas Amos coimc*if "ir^^ 
and Josiah Lovell who had deserted His Maj'" Service in October last, 234. ' ' '' 
and by Order of His Honour the Lieut : Gov' Sent the Said Deserters House Jour- 
to Arrowsick in Order to their Return to the Service, And praying proV'-nce" 
Such allowance as the late Law for punishing Officers and Soldiers Laws, ii., 262, 

° chap. 11. 



80 



Province Laws {Resolves, etc). — 1726-27. [Chaps. 211-213.] 



&c provides, The reason of the Law Still remaining altho the Law be 
expired. 

Read & 

liesolved. That the Sum of Forty Shillings be allowed and paid out 
of the publick Treasury to the Petitioner James Parker in full Dis- 
charge of the Services therein mentioned. [Passed December 6. 



CHAPTEK 211. 



Legislative 
Records of tlie 
Council, xiii., 
234. 

House Jour- 
nal, p. 20. 



RESOLVE ALLOWING 42/ TO D" W^' DAVIS. 

An Accompt presented by I)'' AVilliam Davis of Medicines and At- 
tendance on Fiench and Indian Prisoners that were Sick in Boston 
Goal in April and October last, Amounting to the Sum of £2. 2. 

[Read and] 

Jicftoloed That the Sum of Fort}' two Shillings be allowed and i)aid 
out of the publick Treasury to the Accomptant D' William Davis in 
full Discharge of the Said Accompt. [Passed December 6. 



CHAPTER 212. 



Legislative 
Records of the 
Council, xiii., 
234. 

House Jour- 
nal, p. 24. 



RESOLVE ALLOWING £12 TO D" W^' BRATTLE. 

An Accompt presented by D' "William Brattle of Medicines Ad- 
miiiister'd to Sundry Persons Attending upon His Honour the Lieut : 
Governour at y" Ratification of the Peace at Falm" together with his 
Prescription & Attend'''^ Amounting in the whole to £12. 

[Read and] 

Rt'solmd That the Sum of Twelve pounds be allowed and paid out 
of the publick Treasury to the Accomptant D' William Urattle in full 
Discharge thereof. \_Passed December 6. 



CHAPTER 213 



RESOLVE ALLOWING £«. 17 TO RICHi" COLLAR. 



Legislative 
Records of the 
Council, xiii., 
234. 

House Jour- 
nal, p. 23. 



An Accompt presented by Rich'^ Collar of the Service of his Scooner 
Impress'd twice to go with an Express to Maquoit and North Yarmouth 
w"' y'^ Attend'"" of two Men, Amounting to 3'" Sum of £10. 12/ 6. 

[Read! and] 

Resolved, That the Sum of Six pounds Seventeen Shillings be allowed 
and Paid out of the publick Treasury to the Accomptant Richard Collar 
in full of his Accompt ; Out of which the Said Collar is to pay the Men 
w"' in Mentioned four Shillings p Diem each for their Service. [Passed 
December 6. 

» Committee's report not accepted. 



[3d Sess.] Province Laws {Resolves^ etc.). — 172()-27. 81 



CHAPTEK 214. 

ORDER FOR ANNEXING Y'' INHAB''« OF DAVENPORTS & HUTCIIINSONS 
& COLLINS'S FARMS TO ¥'• TOWN OF SUTTON. 

A Petition of Thomas Nichols and Joseph White and others Sub- ^efordg'jf the 
scribers thereto, Shewing tliat they dwell on the Farms commonly Council, xiii., 

called Davenports and Hutchinsons P'arms in the County of Suffolk '1— . 

adjoining to the Town of Sutton And to no other -Town, And the na*]"p®^"'^' 
Petition" are accounted as Peculiars of Said Town, where they pay 
publick Taxes and also Taxes for the Support of the Ministry ; That 
y" JMeeting House Stands very commodiously for the Attendance of 
themselves and their Families on the publick Worship of God there ; 
& therefore praying that the Said Farms with the Inhabitants thereof 
together wMth another Farm adjoyning to the Said Town commonly 
known by the Name of Collins's Farm may be annexed to the Said 
Town of Sutton and become a part thereof, That so they may Enjoy 
Town Priviledges with other of the Inhabitants ; The Petition" hav- 
ing obtained the Approbation of the Inhabitants of Said Town for 
the Same. 

Read and 

Ordered, That the Prayer of the Petition be granted, And that the 
Said three Farms mentioned in the Petition together with the Inhabi- 
tants that now are or Shall be Settled thereon Shall be annexed to 
and accounted as part of Town of Sutton, And Shall have, exercise 
and Enjoy equal Priviledges and Immunities with other the Inhabi- 
tants of the Said Towmi of Sutton until the further Order of this 
Court. [^Passed December 6. 



CHAPTER 215. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y''- GARRISON 
AT CASTLE WILLIAM. 

A Muster Roll of the Garrison in His Majesty's Service at Castle Legislative 
William, under the Command of the Hon""^ William Dummer Esq^ Con- ^;;f,Sxiii.f 

taining an Accompt of Wages due to the Said Garrison for their Ser- 235^ 

vice from May 23'' 1726, to Nov. 20, 1726. Amounting to the Sum of House -lour- 

£528. 19. 8. nal,p.25. 

[Read, & Accepted and] 

Resolved that the Sum of Five Hundred and Twenty Eight pounds 
Nineteen Shillings and eight pence be allowed and paid out of the pub- 
lick Treasury to y'' Officers & Soldiers born on the within Roll in full 
Discharge thereof. [^Passed December 7. 



CHAPTEE 216. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y^ COMP* 
UNDER THE COM^ OF CAPT. GRAY. 

A Muster Roll of the Company in His Majestys Service Eastward Legislative 
under the Command of Capt John Gray, Containing an Acco' of Wages council, xiii., 

due to them for their Said Service from the 20*^ of Nov'' 1725 to the ^^^: . 

17"* of January following. Amounting to the Sum of £138. 0. 3. House Jour- 

•^ =>' ° nal, p. 25. 



82 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 217, 218.] 



[Read, And Accepted and] 

Resolved That the Sum of (Jne Hundred and thirty eight Pounds and 
three pence be allowed and paid out of the publick Treasury to the 
Officers and Soldiers born on the within Roll in full Discharge thereof. 

\_Passed December 7. 



CHAPTER 217. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF Y^ COMP-^ 
UNDS COMM" OF CAPT MOODEY. 



Legislative 
Records of the 
Council, xiil., 
236. 

House Jour- 
nal, p. 26. 



A Muster Roll of the Company late iu His Majestj^'s Service East- 
ward under the Command of Capt Joshua Moodj', Containing an Acco' 
of Wages due to them for their Service from y*^ 23 Novem"' 1725 to the 
24, of Jan''^ following, Amounting to the Sum of £149. 16. 10. 

[Read, & Accepted and] 

Resolved that the Sum of One Hundred and fort}' Nine pounds Six- 
teen Shillings & ten pence be allowed and paid out of the publick Treas- 
ury to the Officers And Soldiers born on the within Roll in full Discharge 
thereof. \_Passed December 7. 



CHAPTER 218. 



Legislative 
Roconis of the 
Council, xiii., 
23S. 

House Jour- 
nal, pp. 26, 27. 



ORDER IMPOWERING COMFORT BRIGGS TO SELL LAND. 

A Petition of Mary King of Dighton in the County of Bristol Widow, 
and Comfort Briggs of the Same place Relict of Ebenez'' Briggs Deced 
Shewing that the Petitioner Mary ])y Reason of her graat Age and In- 
firmity of Body is rendered uucapable of any Labour for her necessary 
Support, That in the Year 1718, She paid to y*' afores** Ebenezer Briggs 
the Sum of Fifty Pounds (being all She had in y" World) He the Said 
Briggs in Consideration thereof Covenanting and promising to provide 
for and Maintain her, during her Natural Life but So it is that it has 
pleased God to remove the Said Ebenezar Briggs by Death, and the 
Petitioner Comfort his AYidow is left with four Small Children, and 
the Income of the Deceased's Estate is but Small and not Sufficient 
to comply & fulfill the Said Covenant, And therefore praying that the 
Petitioner Comfort as Administrator to her Said Husband Dece'd may 
be Impowered to Sell a piece of Land containing three Acres and an 
Half lying on the Easterly vSide of Seiegaiiset River and adjoining to 
M^ Fishers Land, and the Land of Thomas Briggs, and the Produce 
of y** S*^ Land to be put into the Hands of ]NP Edward Shove, to be 
by him Employed for & tow"^' the Support of the Petition"' Mary King. 

Read and 

Ordered that the Prayer of this Petition be Granted and that the 
Petition'' Comfort Briggs Admin"^ &c be and hereby is Authorized and 
Impowered to make Sale of y^ Piece of Land mentioned in the Peti- 
tion, Containing about Three Aci'es and an Half, And that the Prod- 
uce of the Said Land be put into the Hands of M"" Edward Shove to 
be by him employed for and towards the Support of the other Peti- 
tioner Mary King. [_Passed December 7. 



[3d 8ess.] Province Laws {liesolves, etc.). — 1726-27. 83 

CHAPTER 219. 

RESOLVE ALLOWING £7)0 TO D« EBEN'' ALLEN. 

An AccoiNiPT presented by D'' El)enezer Allen of his Service as Chi- ^^fords^of th 
rurgeon of the Soldiers from the twenty third of Novem'' 1725 to the council, xiii., 

tenth of August 1726; Amounting to the Sum of £'74. 11. 5. — 

[Read, and Accepted and] """p*! 26°.'^" 

liesolved, That the Sum of Fifty Pounds be allowed and paid out of 
the publick Treasury to y*^ Accompt' Ebenezer Allen in full Discharge 
of the within Accompt, and all Demands whatsoever for his past Ser- 
vices as Chirurgeon &c of the Forces Eastw'^ or of any of the Sick and 
wounded men in the pay of this Province. \^Passecl December 7. 



CHAPTER 220. 

ORDER ON THE PETITION OF CAREY AND TURNER, APPOINTING A 
COMMITTEE TO VIEW AND CONSIDER THE LAYING OUT OF CER- 
TAIN LANDS. 

The Petition of Francis Gary and John Turner [Province Laws, i^egisiative 
X., 689, chap. 313] being read together with the Answer of the Pro- councif, xiif ® 
priefs of the Town of Taunton, and the Same being fully considered, 239. Mass. 
In the House of Representatives • xivL.^ilf' 

Ordered That M"' Edward White, and Maj"" Tilestone with such as ^JJ^^^^ 
the Honourable Board shall Appoint be a Committee to rer)air to the Archives, 

• » xlvi 12 16 18 

Lands mentioned in the petition. View and Consider whether the same Legislative' 
may be laid out without Infringing upon the Lands belonging to the Records ot the 
Town of Taunton or any other Grant regularly made by the late Colony 225. House ' 
of Plymouth and make report thereof to this Court at their next May 3o."™ro'vance^' 
Session, The Committee to give Seasonable Notice of the Time of Laws, x., 689, 

chiD 313 

their going upon the Service to the Towns of Taunton Middleborough Ante', p.' 15, 
and Bridgwater, and the Charge of the Committee to be born by the ^^osi'v^'ne 
petitioners chap'. 302. 

In Council Read & Concur'd, & Sam" Thaxter Esq"" is joined with 
the Comm'^'^'of y*^ Houses on y'' Affair above. [Passed December 9.^ 



CHAPTER 221. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF COLL« 
THOMAS WESTBROOKS COMP*. 

A Muster Roll of the Company in his Majesty's Service Eastward Legislative 
late under the Command of Coll" Thomas Westbrook, Contain [in]g an councif, xiu.]^ 

Accompt of Wages due to them for their Said Service from the 21'' '^^ 

of Novem"" 1725 to the 26 of Jan'^' following Amounting to the Sum House Jour- 
of£l05. 9. ""^'P-'''- 

[Read & Accepted and] 

Resolved that the Sum of One Hundred and five Pounds Nine Shil- 
lings be allowed And paid out of the publick Treasury to the Officers 
& Soldiers born on the within Roll in full Discharge of the Wages 
thereof. [Passed December 9. 

' The foregoing order was " declared null & void," on December 30 next following. 
See post, p. 116, chap. 302. The date is according to Mass. Archives; according to Legis- 
lative Records of the Council and the House Journal the date is December 8. 



84 



Province Laws {Resolves^ etc.). — 1726-27. [Chaps. 222-224.] 



CHAPTER 222. 



Legislative 
Records of the 
Council, xiii., 
241. 

House Jour- 
mil, pp. 10, 29. 



RESOLVE ALLOWING £14 TO EDW" AVINSLOW ESQ^. 

A Petition of Edward Winslow Esq' Sheriff of the County of Suffolk, 
praying Some meet Recompence out of the Publick Treasury for his 
Service for the Space of four Years last pass'd in taking Care of the 
Repairs of y" Province House in which the Lieut. Govern"^ Dwells, as 
also for his Care of y'' Indian Captives in the Prison for the Same Space 
of Time many of whom have been Sick, and have died out of the Prison. 

Read [and Accepted] and 

Resolved that the Sum of Fourteen Pounds be allowed and paid out 
of tlie publick Treasury to Edward Winslow Esq"' in full for the Ser- 
vices within mentioned. [^Passed December 9. 



CHAPTER 22 3 



RESOLVE ALLOWING £G TO JOHN TUFTS. 



Legislative 
Records of the 
Council, xiii., 
241. 

House Jour, 
nal, p. 2,'5. 
Ante, ]). 51, 
cheap. 129. 



A Petition of John Tufts of Maiden Praying An Allowance out of 
the Publick Treasur}^ for the Hire of his Horse impress'd for Ensign 
Zechariah Trescot Sent Express b}' His Honour the Lieut : Govern"^ to 
Casco Bay to Inform the Chiefs of the Indians of his Hon" Coming 
down to y'^ Ratification, the Said Horse being return'd much worse 
than he was at first. Read [& Accepted] & 

Resolved that the Sum of Six pounds be allowed and paid out of 
y*" Publick Treasury to the Petitioner John Tufts in Full. \_Passed 
December 9. 



CHAPTER 224. 



RESOLVE ALLOWING £100 TO JOHN FOSTER FOR SAM"- DOTY & OTHERS. 



Legislative 
Records of tlii 
Council, xiii., 
241. 

House Jour- 
nal, p. 30. 



A Petition of Samuel Doty Mariner, Master of the Sloop Tryal and 
his Company, Shewing that in August last, They were taken in the 
Harbour of Marlagash to the Eastward of Cape Sables hy one John 
Baptist and others a Piratical Crew, That Some Time after the Peti- 
tioners were taken, they rose upon the Pirates, And by the good Provi- 
dence of God they Overcame them, And brought Eight French and 
Indians to Boston, And delivered them up to Justice, where five of 
them were tried and Convict of Pirac}' and have Suffered the Pains 
of Death Praj'ing Such Allowance for tlieir Said Service, as the Court 
in their Wisdom and Goodness Shall judge Meet. 

Read and [accepted and] 

Resolved that the Sum of One Hundred Pounds be allowed and paid 
Out of y*" publick Treasury to W John Foster to be by him repaid to 
the Petitioners and the Owners of the Sloop according as they Shared 
the Other Fairs of their Voyage and that the further Sum of Thirty 
five Pounds be allowed and paid out of the publick Treasury to the 
Said M' John Foster, Ten Pounds thereof to be by him repaid to the 
Said Samuel Doty and the Remainder to be Equally Divided among 
the other Men. \_Passed December 9. 



[3d Sess.] Province Laws {liesolveSf etc.). — 1726-27. 85 



CHAPTER 225. 

VOTE ACCEPTING THE REPORT OF THE COMlNr™ OF BOTH HOUSES ON 
YE PETITIONS OF DIVERS INHABIT'^'s OF DUXBORO & MARSHFIELD. 

In Obedience to the Order of the Great and General Court in their Legislative 
Session in May 1726, In Answer to the Petition of Sundry Inhabit'^ of cSuncn.xnL,® 
the Towns of Duxboro ; and Marshfield ; The Committee appointed to '^^-ti. 
repair to the Said Towns, View and Consider their Scituation & Cir- House .lour- 
cumstances and hear the Pleas and Allegations of both Sides : Having j^ntF/p^^s, 
attended that Service, Do Report as follows, Viz' ciiap. so. 

That we are humbly of Opinion, It will be most for y*" Advantage of 
Said Towns, That the Meeting Houses and Inhabitants in each Town 
do i-emain as the}^ now are. And that the Inhabitants in y'^ North Part 
of the Town of Marshlield, Do desist from Building a Meeting House 
at Present; And humbly propose. That (for y'' Ease of the Inhabitants 
in the North Part) in the ^lonths of December January Februai'y and 
March Yearly the Said North Part Shall (if they desii'e it) have Preach- 
ing in Some convenient House in y'' Neighbourhood, The Charge aris- 
ing to be born by the whole Town And not to exceed Thirty Shillings 
nor be less than Twenty five Shillings each Lords Day. 

Marshfield Nov"^ 18, 1723. By Order of the" Com'™ 

W^' Tailer 

Read and 

Ordered that this Report be Accepted. [Passed December 9. 



CHAPTER 226. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CAPT JOS: 

WHITE. 

A Muster Roll of the Company of Voluutiers who Served in the Legislative 
Year 1722, Against the Indian Enemy under the Command of Capt. councu^xuf^ 
Joseph White, containing an Accompt of Wages for their Service ■242. 
from the first of October 1722, to the 28"" of S'' Month Amounting House Jour- 
to the Sum of £97. 18. 8. nai, p.29. 

[Read, and Accepted and] 

Resolved that the Sum of Ninety Seven Pounds Eighteen Shillings 
and Eight pence be allowed and paid out of the publick Treasury to 
Nathaniel Southworth to be by him paid to whom the Same is respec- 
tively due in full Discharge thereof. [^Passed December 9. 



CHAPTER 227. 

RESOLVE ABATING Y^' TAX OF Y^ TOWN OF MENDON. 

A Memorial of M"" John Brown Representative of y'= Town of Men- Legislative 
don. Shewing (in Behalf of the Said Town) That it has pleased God couneif xm''^ 
in his holy Providence to Visit the Said Town with a violent Sick- ■244. 
ness, which has reduced the Inhabitants to Such low Circumstances Legislative 
that many of them have , been unable to pay their Rates so that y*" cmino'if xiii*^^ 
Town has been forced to abate them their Rates : And therefore prav- 124. House ' 

*• " Journal, p. 19. 



86 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 228, 229.] 



I'rovince 
Laws, ii., 389, 
chap. 9. 



ing that the Province Tax of the Said Town for this Curr' Year may 
be abated and that they may have Such other Relief as to the Wisdom 
and Goodness of this Court Shall Seem meet. 

Read, And The House took under Serious Consideration the Distress'd 
State of the Town of Mendon. 

Ano for their Relief, 

Resolved, That the Sum of Fifty Pounds be abated out of the Tax 
for this present Year to y" Town of Mendon And that the Assessors 
of that Town deduct the Same from those persons and those only in 
the Constables Rate Bills as are poor & have Ijeen afliicted with the 
late distressing Sickness in that Town, according to their best Discre- 
tion. \_Passed December 10. 



CHAPTER 228. 



RESOLVE ALLOWING £30 TO SARAH WIGGLESWORTH & MARY DEXISON. 



Legislative 
Records of tlie 
Council, xiii., 
246. 

House Jour- 
nal, p. 6. 
J'rovince 
Laws, viii., 257, 
chap. 94; x., 
27, cliap. 5.1; 
736, chap. 460. 



A Petition of Sarah Wigglesworth and Maiy Denison Children and 
Heirs of M'' John Leveret late President of Harvard College deced Shew- 
ing, That their Said Father died the third Day of INIay 1724 in the place 
of President as aforesaid, In which Ortice he had Served for the Space 
of Sixteen Years, And his Stated allowance in that important Trust 
being but One Hundred and Fifty pounds per Annum, And for Some 
Years a Small Addition was made thereto, He was necessitated for the 
Decent Support of his Family to Sink the yearly Rents of his own Fstate, 
And to fall in Debt One Hundred pounds every Year, So that his Debts 
at his Decease amounted to £2,00U And the Petitioners have been forced 
to Sell the Fstate come to them b}^ their Great Grandfather to discharge 
their S'' Fathers Debts, That for four Years before his Death he had no 
House allowed him as all other Presidents had the Presidents House 
being pulled down to make Room for the Ncav College by which he lost 
Twenty Pounds a Year, And that there is now due to y'' Petition" two 
months Rent of their House in which M"' Presid' Wadsworth dwelt. And 
therefore praying that this Court in their great Goodness and Justice 
would make them Such Allowance out of y*^ publick Treasury as to them 
Shall Seem meet. 

Read and 

Resolved That the Sum of Thirty Pounds be allowed and paid out 
of the Publick Treasury to the Petitioners in full Satisfaction of and 
in Answer to the Petition Viz' Twenty Pounds in Consideration of the 
late President Leverets Salary from April 14, to May 3*^ 1724, And Ten 
pounds in Consideration of the two Months House Rent mentioned in 
the Petition. \_Passed December 13. 



CHAPTER 229. 



RESOLVE ALLOWING £3. 17. 2 TO D" ALEX^ BULMAN. 



Legislative 
Records of the 
Council, xiii., 
247. 

House .Jour- 
nal, p. 38. 
Province 



A Memorial of Alexander Bulman, Shewing that in the Year 1723, 
He Served, the Province as a Chirurgeon under the Command of Cajit 
Joseph Majory in the Sloop Endeavour on a Cruize Eastward for the 
Space of Fifteen Weeks and three Days, And, inasmuch as the Said Cajit 
Majory in making up his Muster Roll omitted the Charge of Twenty 



[3d Sess.] Puovinck Laws {Resolves, etc). — 1726-27. 87 

Shillings per Month, Wages conformable to an Agreement the .Alera'"' chli^p^eo.' ^'^' 
made w"" M' Treas' Allen, praying the Same may be allowed. 

Read [and Accepted] and 

Resolved that y'= Sum of Three pounds Seventeen Shillings and two 
pence be allowed & paid out of the Publick Treasury to the Memorialist 
in full Discharge thereof. \_Passed December 13. 



CHAPTEK 230. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF ¥>•• SLOOP 

MERRY MEETING. 

A MusTKR Roll of the Sloop Merry Meeting, Capt. Thomas Saunders Legislative 
Master, Containing an Accompt of Wages due to the Said Master & council* xiii!^ 

Company for their Service from June 11"' to October 7"" 1726 with the '^^ 

Hire of y*^ Sloop the Said Time, Amounting to the Sum of £170. House Jour. 

[Read & Accepted, and] ^^ ' ^'' 

Besolved, That the Sum of One Hundred and Seventy Pounds be 
allowed and paid out of y^ publick Treasury to Capt. Thomas Saunders 
to be by him paid to whom it is respectively due in full Discharge of 
the Wages and Sloop Hire. \_Passed December 13. 



CHAPTER 231. 

ORDER REFERRING SCITUATE PETITION TO MAY SESSION. 

A Petition of Amos Turner Kepresentative of the Town of Scitu- Legislative 
ate by Direction of the Said Town, Shewing that there is a Difference couneif, xml^^ 

between the Towns of Scituate and Hingham about laying out an High 24s^ 

Way over Bound Brook River so called. But in Regard the Said Brook House Jour- 
is the Bounds between the Said Towns and divides the Counties of Plim- "^'^ >^-'^- 
outh and Suffolk ; The Town of Scituate cannot lay out their High-Way 
because the Town of Hingham will not joj'n with them therein ; there- 
fore praying that this Court would appoint and impower a Committee 
to lay out the Said Way, and do what they Shall think pi'oper to be 
done in Order to Settle the Same, And put an End to the Difference 
between the Said Towns. 

Read and Refer'd to y'^ Second Tuesday of the Next May Session of 
this Court, And that in y'^ mean Time the Petitioner notif j^ the Adverse 
Party, Viz' the Town of Hingham with a Copy of the Petition, That 
they Shew Cause on the Third Tuesday of the Said Session Why the 
Prayer of the Petition Should not be granted. \_Passed December 13. 



CHAPTER 232. 



RESOLVE ALLOWING £10 TO M" DAVID PARSONS. 



On the Muster Roll of Capt Samuel Wright & Comp" Legislative 

Resolved, That the Sum of Ten pounds be allowed and paid out of councu' xiii!!^ 

the publick Treasury to M'' Caleb Lyman for the Accompt of M'' David '^ 

Parsons, It being in Consideration and in Order to rectifie an Error in Province 



88 



Province Laavs (liesolves, etc. ) . — 1726-27. [Chap. 233.] 



Laws, X., 701, 
cbap. 349. 



the Court in Decern"' 172o in passing the Orclei* for the payment of the 
Subsistence of Some of the men within mentioned.^ [^Passed Decem- 
ber 13. 



Legislative 
Records of the 
Council, xiii., 
251. 

Legislative 
Records of tlie 
Council, xiii., 
245. House 
Journal, p.S4. 
Province 
Laws, x.,3tl4, 
chap. 234. 



CHAPTER 233. 

RESOLVE FOR ESTABLISHING THE PAY OF Y"^ GARRISON AT CASTLE 

WILLIAM. 

Resolved that the Commission & Warrant Officers & the Soldiers at 
Castle William be paid out of the publick Treasury in Manner follow- 
ing ; viz, The Captain, One Hundred & twenty five Pounds per Annum ; 
The Lieutenant, Seventy five Pounds per Annum, The Gunner, Fifty 
Pounds per Annum ; Six Quarter Gunners, forty five shillings per Month 
each ; One Sergeant, forty five shillings per Month ; Three Corporals & 
a Drummer, thirty seven shillings per Month each ; &, twenty five Cen- 
tinels thirty shillings per IMonth each ; &. a Chaplain to be allowed Sixty 
five Pounds per Annum ; Provided that in the Enlistn)eiit of the said 
Gunners Sergeant & Corporals & private Centinels, they be able bodied 
& good effective Men, Provided also this Duty be by the forementioned 
several Oflicers performed ; viz. That the Captain be upon the Place at 
least three Days in the Week, & as oft else as necessary Occasions call 
for him. Except in Case of Sickness or some Thing extraoi'dinary happen, 
or such other Time or Times as he obtain Leave for from the Captain 
General or Commander in Chief for the Time being ; That the Lieu- 
tenant be continually there, Exce])t when he shall have Leave from the 
Governor or Commander in Chief for the Time being, or from the Cap- 
tain of the Castle ; That the Chaplain read the Scriptures & perfoim 
daily Prayers Morning & Evening in the Chappel, & preach twice every 
Lords Day, Except in Case of Sickness or Absence by Leave of the 
Captain ; That the Gunner reside there, & that the Captain ; & in his 
Absence the Lieutenant, do take effectual Cai'e that the Otlicers & Sol- 
diers there in Pay be constantly disciplined, more especially the Quarter 
Gunners, in Order to make them more expert in the Exercise of the great 
Artillery, in Levelling, Ti'a versing «& Firing the Guns &c, That so in 
Time they may be capable of that Duty in actual Service. And this pres- 
ent Establishm' to commence & begin from the Expiration of the last 
Establishm' for the Pay of that Garrison, & from thence to be of Force 
& Vertue until the Term of four Years be expired ; Provided that it be 
made to appear to this Court, before any Muster Roll for that Garrison 
be pass'd for Payment, that the Ollicers & Soldiers have performed the 
Service enjoined by this Establishm' And for the further Encour- 

agement of the Warrant Officers & Soldiers that shall enlist at the said 
Castle of so great Importance to this Goverum' 

It is hereby further 

Resolved that the Sum of Three Pounds Avith a red Coat not exceed- 
ing Four Pounds Value shall be allowed to each good able bodied effec- 
tive Man as afore said, & no other; And that no Indian Negroe, or 
Molatto, except one Servant of the Captains, be enlisted or retained 
in the Service at the Castle, And no other Man, unless he be Sui Juris 
be enlisted as aforesaid. \_Passed December 14. 

1 Not found in the House Journal. 



[3d Sess.] Province Laws {llesolves, etc.). — 1726-27. 89 



CHAPTER 234. 

RESOLVE ALLOWING £112. 17. 8 TO M« ANTH« SANDERSON. 

An Accompt of M"" Anthony Sanderson of London, of several Ex- Legislative 
pences & Disbursem'^ for the Service of the House of Represent"^^ of cou'Sxhl',*^ 

this Province, for whom he was an Agent at the Court of Great Brit- '^]^ 

ain in the Years, 1723, & 1724, Amounting to the Sum of £223. 7. 8 House Jour- 

o i 1 • nal. p. 40. 

Sterhng. Province 

Read & [accepted andj .^h^nTVw' ^''^^' 

liesolved that M"' Treasurer Allen be & hereby is directed to purchase 
Bills of Exchange to the Value of One Hundred & twelve Pounds seven- 
teen shillings & eight pence Sterling ; Consigning them to M'' Francis 
AVilks JMerchant in London ; The said Sum to be by him paid to the 
said M'' Anthony Sanderson ; Taking his Receipt therefor in full for 
his Time & Trouble in the Service of the House of Represenf""" 

And if the said M'' Sanderson shall make it appear to the House, 
that he has really been at any further Charge & Expence than "is 
allowed above, that a further Consideration thereof be then had. 
\_Passed December 14. 



chap. 329. 



CHAPTER 235. 

VOTE FOR LIEUT. JN" LARRABEES VICTUALLING THE GARRISON AT Legislative 

CASTLE WILLIAM. Records of the 

Couucil, Xlll., 
254. 



Voted that Lieuten* John Larrabee of His Majestys Castle William be House .Jour- 
powered «& directed to Victual the Officers & Soldiers 
n-e, During the Establishm' of the Pay of that Garr: 
Court in their present Session. [Passed December 14. 



impowered «& directed to Victual the Officers & Soldiers at the Garrison "/': p- *" , 
there, During the Establishm' of the Pay of that Garrison pass'd this chap'. 233. ' 



CHAPTER 236. 

ORDER GRANTING STEP. RICHARDSONS PETITION FOR LICENSE TO 
SELL STRONG DRINK. 

A Petition of Stephen Richardson of Woburn, Praying that the Legislative 
Court of General Sessions of the Peace for the County of Middlesex 5^*;?,'''?f ^.t=f ^ 
at their present Session held at Charlestown may be impowered to 254. 



grant him a Licence to sell strong Drink, Notwithstanding the Time House Jour- 
appointed by Law for granting Licences for this present Year is past, pvoyinci' 
the Petition'' having obtained the Approbation of the Select men of Laws, ii., 40i, 
the Town of AVoburu where he dwells for the same, & he living in a ^^'''i^-^^- 
convenient Place therefor. 

Read & 
. Ordered that the Prayer of the Petition be granted. And that it shall 
& may be lawful for the Justices for the County of Middlesex in their 
present General Sessions of the Peace to grant a Licence to the Peti- 
tioner to be a Taverner in Woburn (if they see Cause) The Time by 
Law appointed for granting Licences for this present Year being elapsed 
Notwithstanding. [^Passed December 15. 



90 



Province Laws (liesolves, etc.). — 1126-27 . [Chaps. 237-240.] 



Legislative 
Records of tiie 
Council, xiii., 
256. 

House Jour- 
nal, pp. 35, 44. 
Ante, p. 70, 
chap. 185. 



CHAPTER 237. 

RESOLVE FOR £2,000 TO BE ADDED TO THE STOCK FOR THE INDIAN 

TRADE. 

Resolved that the Treasurer be & hereby is directed to advance the 
Sum of Two Thousand Pounds out of the publick Treasuiy to be added 
to the Stock already granted for carrying on the Ti-ade with the Indians, 
The said Sum to l)e used & employed by the Treasurer, Agreable to 
the Directions of this Court for carrying on the said Trade. [^2^assed 
December 16. 



CHAPTER 238. 



Legislative 
Records of the 
Council, xiii., 
256. 

House Jour- 
nal, p. 45. 



RESOLVE ALLOWING PAYMENT OF CPT. JOS. HEATHS MUSTER ROLL. 

A Muster Roll of the Garrison in His Majestys Service at the Fort 
at Richmond under the Command of Cpt. Joseph Heath Containing an 
Accompt of Wages due to them for their Service from the "25"' of August 
to the 14"' of Decern"' 1726, Amounting to the Sura of £174. 4. 4. 

[Read &. Accepted and] 

Resolved that the Sum of One Hundred & seventy four Pounds four 
shillings & four pence be allowed & paid out of the publick Treasury 
to Cpt. Joseph Heath to be by him repaid to the Ottlcers & Soldiers 
born on the said Roll in full Discharge thereof. \_Passed December 16. 



CHAPTER 239. 



RESOLVE ALLOWING £5 TO COLL. JOHN STODDARD. 



Legislative 
Records of the 
Council, xiii., 
256. 

House Jour- 
nal, p. 45. 



An Accompt presented by Coll. John Stoddard of several Expresses 
sent on the publick Service, Amounting to the Sum of £5. 10. 

[Read and Accepted and] 

Jiesolred that the Sum of Five Pounds be allowed & paid out of the 
publick Treasury to Cpt. Thomas "Wells, to be by him repaid to Coll. 
John Stoddard in full Discharge thereof. \_Passed December 16. 



CHAPTER 240. 

RESOLVE ALLOWING £38. 3. 6 TO D« GEORGE PEMBERTON AND 32/ TO 

GEORGE LE MOTT. 



Legislative 
Records of the 
Council, xiii., 
256. 

House .Jour- 
nal, p. 45. 



An Accompt presented by D"" George Pemberton of Medic.iues & 
Attendance on the Garrison at His Majestys Castle William from May 
26. 1726, to Decem'' 10. 1726, Amounting 'to the Sum of £38. 3. 6. 

[Read & Accepted and] 

Resolved that the Sum of Thirty eight Pounds three shillings & six 
pence be allowed & paid out, of the publick Treasury to the Accompt- 
ant D' George Pemberton in full Discharge thereof. And that the further 
Sum of Thirty two shillings ^ be allowed & paid out of the publick Treas- 
ury to the said D' George Pemberton, to be by him repaid to George Le 
Mott in full Discharge of the Accompt annexed. [Passed December 16. 

> The House Journal reads, 32/ 10. 



[3d Sess.] Province Laws (liesolves^ etc.). — 1726-27. 91 



CHAPTER 241. 

RESOLVE ON MESSRS SAM"' WALDO & THO. WESTBROOKS PETITION 
FOR A GUARD AT SCARBORO. 

A Petition of M' Samuel Waldo of Boston (Agent for M' Ralph SrdsofVe 
Gulston of London) & Thomas Westbrook of Portsmouth Esq'' Shew- Couucii, xiii., 

ing that the said Ralph Gulston has contracted with the principal Offl- — 

cers of His Majestys Navy, for providing & carrying into Great Britain "ai^pp'^isl'^e, 
for the Use of the Navy, six Ship Loads of New P^ngland Masts, Yards 33, ii, 42. ' 
& Bowsprits, & hath obtained the Royal Licence for Cutting Trees fit cii'ap. 233. ' 
for that Service, & the Petition"" Waldo hath indented & agreed with the 
other Petitioner to furnish & provide the said Masts &c. And the said 
Petitioner Westbrook in Pursuance of the said Agreem' hath built a House 
at Scarboro in the County of York for his Convenience in lodging Stores 
& hath employed a considerable Number of Work men & a large Team 
of One Hundred Oxen for the carrying on & effecting the said Work & 
bringing the said Masts &c, to the Water Side, but upon the Advice of 
the Captivating of some English People at Kennebunk, in October last 
the greatest Part of his People left him & refused to work any longer 
with him, without a Guard to defend them from the Indians ; By which 
means he is left destitute & cannot perform his Agreem' And for as 
much as the said Mast Ships will load either at Winter Harbour or Casco 
Bay, & thereby bring considerable Trade into those Parts of the Prov- 
ince ; Which will contribute much to the Growth & flourishing Condi- 
tion of that Countrey, in Case they can be encouraged & protected ; And 
therefore Praying that the necessary Encouragement may be given to 
the said Affair by appointing a suitable Guard for the Safeguard of the 
Persons employed in that Work 

Read & 

Resolved that His Honour the Lieuten' Governor be desired to ap- 
point a Corporal to enlist nine able bodied Men & post them at Scarboro 
as a Guard & Security to the Petitioners in the Business of Masting the 
Royal Navy according to His Majestys Royal Licence ; the Men to be 
continued there till the Session of this Court in Ma}^ next, & to be paid 
by the Province according to the last Establishm' & subsisted at the 
Charge of the Petitioner, And that His Honour the Lieuten' Governor 
be also desired to give his Orders to the Corporal that may command 
the Men for his Direction in the Scouting & Guarding as afore said, 
and uot to be employed otherwise. \_Passecl December 16. 



CHAPTER 242. 

RESOLVE FOR EMITTING £5,000 IN BILLS OF CREDIT AND PROVIDING 

SECURITY. 

Resolved That the Treasurer be and hereby is Impowred and Directed Legislative 

Kccorcis or tiiG 

to issue forth &, Emit the Sum of Five Thousand pounds in Bills of council, xiii., 
Credit on this Province for the necessary Defence & support of this Areiu^ves^ci 
Government and the protection and preservation of the Inhabitants 44i. 
thereof ; the said Five Thousand pounds, being already in the hands House Jour- 
of the Treasurer & received for Taxes Impost &c, to be issued and provinee 
disposed of by AYarrant under the hand of the Lieutenant Governour Laws, ii., 4n. 
or Cornander in Chief for the time being with the advice and Consent 
of the Council, Four Thousand eight hundred pounds whereof shall be 
applied for the Uses Intents and purposes in this Resolve hereafter 



92 



Province Laws (liesolves, etc.). — 1726-27. [Chap. 243.] 



Expressed viz' For the payment of all Grants Premiums and stipends 
Established by Law, for tiie defreying & paying the Charges of Castle 
AVilliam and the other Forts and Garrisons, Transports, Muster Rolls 
of soldiers & Sailors Allowances &c and all other Accompts of charges 
Allowed and passed on for payment by this Court, and that the sum 
of Two hundred pounds being the Residue and remaining part of the 
said Sum of Five Thousand pounds Shall be applied for the payment 
of Expresses dispatched in the service of this Government in the Recess 
of this Court together with all other necessary unforeseen charges that 
demand prompt payment which shall arise in the Recess of the Court 
afores'' ; Trovided always that the several Drafts made upon the Treas- 
urer afores'^ Express and Declare out of which of the two several Sums 
afore mentioned the money is to be paid, and the s*^ Bills shall pass out 
of the Treasury at the value therein expressed equivalent to money & 
shall be so taken and Accepted in all Publick paym'* ; And that the 
Duties of Impost and Excise together with all other Publick Incomes 
shall be a Fund and security for the Repayment and drawing in the 
s'^ Bills into the Treasury again so farr as the same will reach And 

as a further Fund and security for the same 

It is further 

liesolced That there be and hereby is Granted unto His Most Excel- 
lent Majesty for the Ends and uses aboves*^ and for no other Ends and 
uses whatsoever A Tax of Five Thousand pounds to be Levyed upon 
Polls and Estates both Real and personal within this province accord- 
ing to such Rules and in such proportion upon the several Towns and 
Districts within the Same, as shall be Agreed ou and Ordered by the 
Great and General Court or Assembly of this Province at their session 
in May One Thousand seven hundred and Thirty four, and paid into 
the Publick Treasury ou or before the last da}' of December next after. 
\_Passed December 17. 



CHAPTER 243 



VOTE ABOUT A MISSIONARY. 



Legislative 
Records of the 
Council, xiii., 
237, 200. Mass. 
Archives, xi., 
418. House 
Journal, p. 27. 

House Jour- 
nal, p. 44. 



Gentlemen of the House of Representatives, Being Sensible 

That it is the Indispensable Duty of this Government to Use their best 
Endeavours for the Proselyting the Eastern Indians to the Protestant 
Faith and that their Children be instructed in the English Tongue, And 
being lately informed of the good Disposition of the Said Indians to 
have their Children taught to read. That so they may have the Knowl- 
edge of the Holy Scriptures ; I think my Self Obliged to recommend 
to you to make a Suitable & Sudicient Provision for the Support and 
Encouragement of a ]Missionary for that Important Service ; And altho ; 
it has been difficult to get a Person every way qualified to Undertake 
it ; Yet I have now au Offer from One who is very Sufficient and well 
Spirited to y*' Service And of whom I have good Recommendation, ^y^ 
Shall be comunicated to you. 

[Dec. 7, 1726] [W^ Dummer].i 

In the House of Represent'*^ In Answer to His Honours INIessage ; 

Voted That it is the Dut}', and may be greatly for the Interest of 
this Government to send a person Suitably qualified for that Important 
Service to be Appointed by (and under the regulation of) this Court 
but Considering the present unsettled Condition of those Indians it 
seems improbable that any Essaj's of that Nature should have the 
desired Effect at present, and therefore that the further Considera- 

1 Signature inserted from the House Journal. 



[3d Sess.] Province Laws (liesolves, etc.). — 172G-27. 93 

tion of tluit Mutter be referred to tlie next May session, and in the 
mean time that all proper Endeavours be Used to provide a Suitable 
person for tiiat Service who shall be paid out of the publick Treasury 
In Council, Kead & Concur'd. \_I\issed December 17. 



CHAPTER 244. 

RESOLVE ALLOWING £10 TO CORNEL. HALL. 



A Petition of Cornelius Hall of Falmouth in the County of York, ^^?'j.[fg'^f tjj 
Shewing, that in July 1725, being a Soldier under the Command of council, xiii., 

Coll. Thomas Westbrook, he was sent out on a Guard to some of the '^^ 

Inhabitants in Mowing & making of Hay, & one of the Soldiers by ^""^^46*"'^' 
Accident, with his Gun loaded with three Bullets shot him through 
the Ankle, & the Bone being broken & shot away, he is become a 
Cripple & unable to help himself or do any thing for his Livelihood, 
And he has been under the Care of D"" Allen, And Praying the com- 
passionate Consideration of this Court, & that some suitable Provi- 
sion may be made for his Relief. 

Read [and Accepted] & 

Resolved that the Sum of Ten Pounds be allowed & paid out of the 
publick Treasury to Cpt. Joshua Moodey for the Use of the said Cor- 
nelius Hall in Consideration of his Smart & Pain occasioned by the 
Wounds within mentioned. \_Passed December 17. 



CHAPTER 245. 

RESOLVE ALLOWING 30/ TO JOHN ROBINS. 

A Petition of John Robins Praying the Allowance of his Ace* of Legislative 

• • •/ <-' Rpcords of tiUC 

Time & Expence in going Express to Maquoit & afterwards to Rich- council, xiii., 
mond Fort, being detained by bad Weather ; His said Accompt amount- ^ 



iug to the Sum of Three Pounds nine shillings &. six pence. House Jour 

Read [and Accepted] & na , p. 

Resolved that the Sum of thirty shillings be allowed & paid out of 

the publick Treasury to the Petitioner John Robins in full Discharge 

of the Service herein mentioned. [^Passed December 17. 



CHAPTER 246. 

RESOLVE ALLOWING £5 TO TIM^ RICHARDSON. 

A Petition of Timothy Richardson, Shewing that whereas he was Legislative 
wounded by the Indian Enemy at the Fight at Pigwacket under Cpt. coundf xm*^^ 
Lovewell by a Bullet that went thro the Trunk of his Body & was 260. 
taken out of his Bone, he is disabled by the said Wound, that he can House Jour- 
do but little for the Support of his Family, And therefore Praying this ^lai, p. 46. 
Court would extend their Compassion to him for his further Relief. 

Read [and Accepted] & 

Resolved that the Sum of Five Pounds be allowed & paid out of the 
publick Treasury to Timothy Richardson in full Consideration of the 
said Petition. \_Passed December 17. 



94 



Province Laws (^Resolves, etc.). — 1726-27. [Chaps. 247-250.] 



CHAPTER 247. 



RESOLVE ALLOWING £L'5 TO AND. ANDERSON. 



Legislative 
Records of the 
Council, xiii., 
26L 

House Jour- 
nal, p. 46. 
Ante, p. 57, 
chap. 145. 



A Petition of Andrew Anderson,^ Shewing that in the Service of 
this Province in August last, he being on board one of the Sloops that 
attended on His Honour the Lieuten' Governor at the Ratification of 
the Treaty of Peace, & on the Return of His Honour & the Gentlemen, 
Coming up the Harbour of Boston, in loading a great Gun, it unhap])ily 
fired & carried off the Thumb of his Right Hand & shattered the Bones 
of his said Hand, Praying the further Consideration of this Court for 
such Relief as in their Wisdom & Goodness shall seem meet. 

[Read and Accepted and] 

Resolved that the Sum of Fifteen Pounds be allowed & paid out of 
the publick Treasury to the Petition' Andrew Anderson in full Consid- 
eration of his Loss of Time, as within set forth. \_Passed December 17, 



CHAPTER 248. 



Legislative 
Records of the 
Council, xiii., 
■261. 

House Jour- 
nal, p. 45. 



RESOLVE ALLOWING 40/ TO W^ FITZ SYMMONS. 

A Pktition of William Fitz Symmons, Praying the Consideration 
of this Court for such Allowance as they shall judge reasonable for 
his going Express in the Service of the Province at divers Times, as 
particularly set forth in the Petition, And as appears from the several 
Certificates from the Olticers, thereto annexed. 

Read [and Accepted] & 

Ilesolced that the Sum of Forty shillings be allowed & paid out of 
the publick Treasury to the Petitioner William Fitz Symmons in full 
Discharge thereof. [^Passed December 17. 



CHAPTER 240 



RESOLVE ALLOWING £7. 10 TO JANE HALL. 



Legislative 
Records of the 
Council, xiii., 
2(jl. 

House Jour- 
nal, p. 46. 



An Accompt presented by Jane Hall of Nursing Robert Hews & 
Samuel Fuller Soldiers in His Majestys Service Eastward by Order 
of Coll. Thomas Westbroke & Cpt. Richard Bourn, Amounting to 
the Sum of £8. 15. 

[Read & Accepted and] 

Resolved that the Sum of Seven Pounds ten shillings be allowed 
& paid out of the publick Treasury to Cpt. Joshua Moodey for the 
Use of the Accomptant Jane Hall in full of this Accompt. \_Passed 
December 17. 



CHAPTER 250 



ORDER GRANTING A LICENSE AS INN KEEPER TO THO. PERKINS. 



Legislative 
Records of the 
Council, xiii., 
•262. Mass. 
Archives, cxi., 
85. 



A Petition of Thomas Perkins of Arundel in the County of York 
Setting forth that there is no Inn Keeper in said Town, Which has 
been complained of to the Select men, It being necessary that there 
should be an Inn in said Town for the Accomodation of Travellers 



> " Audross," aiUe, p. 57, chap. 1-15. 



[3d Sess.] Province Laws {Resolves, etc.). — 1726-27. 95 

& Sea faring Men that come there, Praying that the Justices of the Mass. 
Court of General Sessions of the Teace for the said County may be j^^^hs!^ House' 
impowered to giant a Licence to the Petitioner to keep a Tavern or •Journal, p. 47. 
Inn, Notwithstanding the Time limited by Law for granting Licences Laws, li., 401, 
is elapsed. chap. 11. 

Read and 

Ordered That the prayer of the petition be granted and that it shall 
be lawfull for the Justices of the peace for the County of York at their 
next Court of General Sessions, of the peace, and they are hereby im- 
powred & Directed accordingly to grant a Licence to the petitioner to 
be a Taverner in the Town of Arundell (if they see Cause) The Time 
by Law Appointed for granting Licences for the present year being 
Elapsed notwithstanding. \_Passed December 19. 



CHAPTER 251. S'ttthe 

Council, xili., 

VOTE ABOUT TRUCK HOUSES AT RICHMOND AND ST. GEORGE'S RIVER. Arehlvey^'^' 

cxix., 282. 



Voted That the two Houses at Richmond and S' Georges River shall Mass. 
be Used & improved as Truck Houses for and during the space of One cx^xv28o. 
Year next ensuing. [Passed December 21.^ ^ai"'**^ 49*^^" 



CHAPTER 252. 

RESOLVE ALLOWING £12. 14 TO CPT. TIM'' DWIGHT. 

An Accompt of Cpt Timothy Dwnght, of Horse Hire, Sending Ex- Legislative 
presses. Carting Provisions &c, Amounting to the Sum of £17. 19. 6. counctf xm!^® 

[Read & Accepted and] 268. 

Resolved that the Sum of Twelve Pounds fourteen shillings be allowed House .Jour- 
& paid out of the publick Treasury to the said Cpt. Timothy Dwight °^'' ^'^ ^°- 
in full Discharge of the said Ace*. \_Passed December 21. 



CHAPTER 253. 

RESOLVE ALI;OWING PAYMENT ON THE MUSTER ROLL OF CPT. BAW^^ 

JORDAN. 

A Muster Roll of the Company late in His Majestys Service Eastw"^ Legislative 
under the Command of Cpt. Samuel Jordan , Containing an Ace' of Wages couuch* ^n\T 
due to them for their Service from the 12"^ of Novem' 1725, to the 24''' -^'^- 
of January 1725, Amounting to the Sum of £171. 9. 8. il"^®*^ J?"''" 

[Read and Accepted and] 

Resolved that the Sum of One Hundred & fifty eight Pounds five shil- 
lings & five pence be allowed & paid out of the publick Treasury to the 
Officers & Soldiers born on the within Roll, to w^hom the same is respec- 
tively due, in full Discharge thereof, Agreable to the Committees Report. 
[Passed December 21. 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 20. 



nal, p. 50. 



96 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 254, 255.] 



CHAPTER 254. 



ORDER IMPOWERING PRISCILLA BARRON TO SELL LAND. 



Legislative 
Records of the 
Couacil, xili., 
268. 

House Jour- 
nal, p. 52. 



A Petitiok of Priscilla Barron, Widow of Elias Barron late of Groton 
Dec** Shewing that the said Elias Barron being one of Cpt. Lovewells 
Company received a Wound at the Fight at Pigwacket, of which he 
died in the Woods, & left the Petitioner three small Children to main- 
tain, that the Deceaseds Personal Elstate valued at about Sixty Pounds, 
consisted mostly of Necessaries for House Keeping & his Real [Estate] 
of about Sixty two Acres of Land, on which he erected a Frame for a 
House in his Life Time, which is still unfinished, & the I'etitioner unable 
to finish it ; & having no Servant to subdue &. improve the Land for her 
Childrens Support, And the Dec*^ having left Debts on the Estate to the 
Amount of about Sixty Pounds, Therefore Praying that she may be im- 
powered to sell the said sixt}^ two Acres of Land with the Frame upon 
it, The Produce thereof (after the Debts are paid) to be let out at Inter- 
est for the Benefit of the Children, & that the Petition"' may be the better 
able to bring them up. 

Read & 

Ordered that the Prayer of this Petition be granted, & that the Peti- 
tion'' be & hereby is impowered to make Sale of the Land ik the Frame 
thereon, mentioned in the Petition, & to give a good & sullicient Deed 
or Deeds in the Law for the Conveyance of the same, And the Remainder 
of the Produce, (after Payment of the Deceaseds Debts) to be put out 
to Literest, One Third of the Interest thereof to be for the Use of the 
Petitioner during her natural Life, & the remaining Interest for the Sup- 
port & Education of the Children of the Deceased ; Two Thirds of the 
Principal to be divided among the Children when they shall come of Age, 
& the other Third at the Death of their Mother in such Planner as the 
Law directs ; Provided the Petitioner gives Bond with sutficient Secu- 
rity to the Judge of the Probate of Wills for the County of Middlesex 
for the faithful Performance of the Conditions above mentiou'd. \_Passed 
December 21. 



CHAPTER 255. 



RESOLVE ALLOWING £4L 3. G TO CPT. JOS. HEATH. 



Lep;islative 
Records of the 
Council, xiii., 
270. 

House .Jour- 
nal, p. 50. 



A Report presented b}- Cpt. Joseph Heath of the Repairs, which 
by an Order of the Lieuten' Cxovern"" & Council^ he made at the Block 
House at S' Georges River, together with an Accompt of the Charge 
of Materials & Work for effecting the same. Amounting to the Sum 
of £41. 3. 6. 

Read & 

Resolved that the Sum of Forty one Pounds three shillings & six pence 
be allowed & paid out of the publick Treasury" to Cpt. Joseph Heath, 
to be by [him] - repaid to whom it is due in full Discharge thereof. 
\_Passed December 21 . 

> The House Journal adds, " in the Recess of the Court." 

* Inserted from the State Library copy, Legislative Records of the Council, xiii., 264. 



[3d Sess.] Province Laws {Resolves, etc.). — 1726-27. 97 



CHAPTER 256. 

ORDER BirOWERING GEO: WEEKS TO SELL 10 ACRES OF LAND. 

A Petition of George Weeks of Harwich, Shewing that he has been Legislative 
put to great Charge in the Law to defend a certain Tract of Land, which ^linoif, xu^!*,*^ 

he held in Right of his AVife, who lay a long Time under a languishing -^^ 

Illness, which put him to great Sixpence, so that he is brought so much House Jour- 
into Debt, that he is obliged to sell some of his Land to pay oft" his said "'"^ ' ^' ' 
Debts, That if he should sell his own Land, that which he holds in right 
of his Wife would be in a Manner useless to him, because he would 
thereby have no Outlet either to the High way or to the Water, And 
therefore Praying that he may be impowered to sell ten Acres of the 
Land which he had by his Wife, who is now Dec"^ for the Enabling him 
to pay oft" the Debts contracted by Law Suits for defending of the said 
Land, & by the P^xpences on the Funeral & Sickness of his Dec*^ Wife 
as aforesaid. 

With which Petition was presented. a Certificate under the Hand of 
. . } Wing, Brother of the Dec'' of his Consent to the said Sale. 

Read & 

Ordered that the Petitioner be & hereby is impowered to make Sale 
of the ten Acres of Land mentioned in the Petition, Provided the Peti- 
tioner by a good Deed in the Law, settle upon his Children by his late 
Wife so much of his own Lands as in the Judgment of the Judge of 
Probate for the County of Barnstable shall amount to the Value of the 
Lands to be sold, & get the said Deed recorded in the Registry of Deeds 
for the said County. \_Passed December 22.- 



CHAPTER 257. 

RESOLVE ALLOWING £20 TO M'^ DAN^^ DWIGHT. 

A Memorial of M"" Daniel Dwight, Shewing that he was appointed ^g^^o^ds^of the 
Chaplain of the Garrison at Fort Dummer above Northfield in July Couucii, xiii., 

1724, & was allowed Wages for his Service in that Office till Decern"" l^ 

V 1725, & no longer, altho he officiated there till the 14* of July last, ,^,7^® 'Jf "''- 
but his Wages have been cut oft" from the Muster Roll, tho he had no Province 
Dismission from the said Service till that time. Praying the Considera- ^hap^'g^"' *^^' 
tion of this Court & such Allowance as they shall judge meet. 

Read & 

Resolved that the Sum of Twenty Pounds be allowed & paid out of 
the publick Treasury to the Memorialist Daniel Dwight in full Sat- 
isfaction of the Services mentioned in the said Memorial. \_Passed 
December 22. 



CHAPTER 258. 

RESOLVE ALLOWING £6. 10 TO THO. MATTOCKS & JOHN MARRINER. 

A Certificate was presented by Coll. Johnson Harman of his Omis- Legislative 
sion of two Men out of his last Mus^ter Roll ; viz, Thomas Mattocks, who council °^ ^""^ 
was enter'd Novera"" 23'' & Dismiss'd Jan-^' 17. 1725, his Wages amount- 270. 

1 Sic. 

2 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is December 21. 



Xlll., 



98 



Province L a\v8 (Besolves, etc.) . — 1126-27 . [Chaps. 259-2G2.] 



House Jour. 
Hill, p. 53. 
Ante, p. 75, 
chap. 196. 



iug to the Sum of £3. 10 & Joha Marriuer the same Time, his AVages 
amounting to the Sum of £3. 

Read [& Accepted] & 

Resolved that the Sum of Six Pounds & ten shillings be allowed and 
paid out of the publick Treasury to the within named, Thomas Mattocks 
and John Marriner in full Discharge thereof. \_Passed December 22. 



CHAPTEK 259. 



RESOLVE ALLOWING £25. 10. 1 TO BENJ'^ ELLIOT. 



Legislative 
Records of tlie 
Council, xiii., 
271. 

House Jour- 
nal, p. 52. 



An Accompt presented by Benjamin Elliot Stationer of Paper, Ink, 
Books & other Stationers Wares delivered for the Council Chamber & 
House of Represent"' together with Laws for the Towns & Members 
of the Court, from Decem"" 22. 1725, to Decern' 20. 1726, Amounting 
to the Sum of £25. 10. 1. 

[Read and] 

Resolved that the Sum of Twenty five Pounds ten shillings & one peny 
be allowed & paid out of the publick Treasury to the Accomptant M' 
Benjamin Elliot in full Discharge thereof. [^Passed December 22. 



Legislative CHAPTER ^60 

Records of the V^XX.ti.J.-LJ^XV -UV. 

Council, xiii., 

Arehiv^es^" RESOLVE ALLOWING £120 PER ANNUM TO THE TRUCKMASTER AT S'' 

cxix., 284. GEORGES RIVER. 

Legislative 

Records ofuie Resolvcd That the Truck Master Appointed to Manage Trade at the 
264, 268,'i<i9. ' Truck Housc at S' George's River shall be allowed and paid out of the 
nai^ihss!^" publick Treasury after the Rate of One hundred and Twenty pounds 
^«*e, p. 95, p Annum for his Services in Negotiating & Managing the said Trade 
Infra, chap. for the year Currant. [Passed December 22. 

26L 



CHAPTER 261 



Legislative 
Records of the 
Council, xiii., 
271. Mass. 
Archives, 
cxix., 285. 

House Jour, 
nal, p. .53. 
Supra, chap. 
260. 



RESOLVE ALLOWING £100 PER ANNUM TO THE TRUCKMASTER AT 

RICHMOND. 

Resolved That the Truck Master Appointed to Manage the Indian 
Trade at the Truck House at Richmond shall be allowed & paid out 
of the publick Treasury after the Rate of One Hundred pounds ^ 
Annum for his Services in Negotiating & Managing the said Trade 
for the year Curr'. [Passed December 22. 



CHAPTER 262. 

RESOLVE ALLOAVING PAYMENT OF THE MUSTER ROLL OF CPT. SA31UEL 

AVHEELWRIGHT. 



Legislative 
Records of the 
Council, xiii., 
271. 

House Jour- 
nal, p. 53. 



A Muster Roll of the Company late in His INIajestys Service East- 
ward under the Command of Cpt. Samuel Wheelwright, Containing an 
Ace' of Wages due to them for their Service from the 17"' of Xovem'' 
1725, to the 8"^ of Jan^ following, Amounting to the Sum of £%&. 7. 11. 



[3d Sess.] Province Laws (liesolves, etc.). — 172G-27. 99 

[Read & Accepted and] 

Resolved that the Sum of P^ighty six Pounds seven shillings & eleven 
pence be allowed & paid out of the publick Treasury to the Olllcers & 
Soldiers born on the within Roll, to whom the same is respectively due 
in full Discharge thereof. \_Passed December 22. 



CHAPTER 263. 

RESOLVE ALLOWING £28. 18. 10 TO BENJ^ ELLIOT. 

An Accompt presented by Benjamin Elliot of Books, Paper & other Legislative 
Stationers Wares deliver'd for the Secretary s Office from the 22*^ of counc*if xnf^ 
Decern-" 1725, to the 20"^ of Decern'" 1726, together with 180 Copies of -jtl " "' 
the Conference with the Eastern Indians, Amounting in the Whole to House Jour- 

£28. 18. 10. nal,p.53. 

[Read and] 

Resolved that the Sum of Twenty eight Pounds eighteen shillings & 
ten pence be allowed & paid out of the publick Treasury to the Accompt- 
aut Benjamin Elliot in full Discharge thereof. \_Passed December 22. 



CHAPTER 264. 

RESOLVE ALLO\VING £34. 13. 4 TO ZECH^ TRESCOTT. 

A Memorial of Zechariah Trescot, Shewing that whereas he was in Legislative 
the Service Eastward as Ensign of Cpt. Richard Bourns Company, he coundf xm^^ 
was wounded by the Indians as he was riding Express with the Lieuten' 272. 
Govern" Letters, his Ankle Bone being shattered, so that he is become House Jour- 
a Cripple & like to continue so. That he has been divers Times upon ^^^' ^' ^^' 
Expresses in the Service of the Govern m' for which he has charged 
Nothing for his Time but only his Expences, supposing him self to 
be still in Pay as an Ensign, Praying that he may be allowed Pay to 
the Time of the Forces being dismiss'd at Arrowsick, or otherwise l3e 
relieved. 

Read [& Accepted] & 

Resolved that the Sum of Thirty four Pounds thirteen shillings &, four 
pence be allowed and paid out of the publick Treasury to the said Zech- 
ariah Trescot in full of the said Memorial. \_Passed December 22. 



CHAPTER 265. 

RESOLVE ALLOWING £8 TO ENOCH HALL. 



A Petition of Enoch Hall, Shewing that being a Soldier in His Maj- Legislative 
estys Service, he was wounded by the Indian Enemy near Northfield, Councif, xiu.,^ 

for which he has already had an Allowance from this Court, which he Vli 

acknowledges as a great Favour, And for as much as his Wounds are House Jour, 
still open, & there is little Hope of his Recovery Praying that he may ^A^niel'-^^. 37, 
be allowed a Pension out of the publick Treasury. chap. 88. 

Read [& Accepted] & 

Resolved that the Sum of Eight Pounds be allowed & paid out of 



100 



Province Laws {Resolves, etc. ) . — 1726-27. [Chap. 266.] 



the publick Treasuiy to Cpt. Thomas Wells, to be by him repaid to 
the Petition'' Enoch Hall, in full Satisfaction of his Smart & Loss of 
Time to this Day. \_Passed December 22. 



CHAPTEK 266. 



ORDER ON REPORT ABOUT Y^ PLACING OF METHUEN MEETING HOUSE. 



Legislative 
Records of the 
Council, xiii., 
250,290. Mass. 
Archives, xi., 
415. 

House Jour- 
nal, pp. 39, 54. 



A Petition of Stephen Barker and Daniel Bodwell in Behalf of them- 
selves and divers others of the Inhabitants of y" Town of Methuen Shew- 
ing that their Town does not contain fifty Voters legally qualified to Vote 
in Town Meetings, and that Twenty Six of them Subscril)ed to a paper, 
which was carried into the Town Meeting and delivered to the Town 
Clerk, Setting forth their Inclination to have the Meeting House in the 
Easterly JCnd of the Said Town, "Which paper the Clerk enter'd in the 
Town Book without any Vote passing for the Same, That there are 
Lands in the Middle part of the Said Town Set apart for the Ministry 
which are most accomodable for placing the ^Meeting House on and 
which lies most advantageous for the Inhabitants in Gen^ praying that 
this Court would Order, that the Meeting House which is Erected at 
the Easterly P^nd of the Said Town may be removed to Some part of 
the INIinisterial Land aforesaid. 

[Upon reading this petition an order of notice to the town of Methuen 
was given, and afterwards, upon the answer of the town, a committee 
composed of Daniel Pierce Major Gerrish and Samuel Thaxter was 
appointed] at the Charge of the Petitioners, to repair to y*^ Town of 
Methuen as Soon as maj^ be. View and Consider y*^ Circumstances and 
Scituation of the Said Town, the place where the jMeeting House is 
proposed by the Petitioners to be removed to and Stand, as well as 
the place where it now Stands, And on Hearing the Parties respect- 
ing the placing the Said Meeting House, To report their Opinion to 
this Court on or before Thursday the twenty Second Day of Decern' 
Currant Where it may be most convenient and Advantageous to the 
Said Town of Methuen, That the vSaid Meeting House Shall be Ordered 
to Stand and remain for the publick Worship of God in Said Town. 

The Committee repaired to the Town of Methuen, & having viewed 
said Town & the Place where the said Meeting House is raised & the 
Place where the Petition" proposed it should be set, & also heard the 
several Pleas & Allegations of both Parties relating thereto. Are hum- 
bly of Opinion that the Place proposed by the Petition''* which is at the 
Southerly End of the Hill called Meeting House Hill upon a small rising 
Ground is the properest Place to set the Meeting House for accomodat- 
ing y*^ whole Town. 

Sam"-^ Thaxter by Order of the Committee. 

Read And 

Ordered that this Report be Accepted And that the IMeeting House 
in the Town of Methuen be placed accordingly. \^Passed December 22.^ 

> This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 28. 



[3d Se8s.] Province Laws {Resolves^ etc.). — 1726-27. 101 

CHAPTER 2G7. 

ORDER FOR CALLING A TOWN MEETING AT STOUGHTON. 

Ordered that Nath" Hubbard P^sq"' (a principal Inhabitant of the T.eKi8i;itivc 
Town of Stoughton) be Impowei-ed & Directed to Notify & Summon coum-i^xmlf 
the Inhabitants duly qualified for Voters to meet & assemble for the 272. Mass. 
Choosing of Town Officers to stand until the next annual Election cxm W. 
according to Law. [Passed December 23. House Jour- 

nal, p. 56. 



CHAPTER 268. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GARRI- 
SON AT FORT MARY. 

A Muster Roll of the Garrison in His Majestys Service at Fort Mary Legislative 
at Winter Harbour under the Command of Cpt. Samuel Hinkes Con- council^ xuf^^ 
taining an Ace' of Wages due to them for their Service from Decem. 273. 
1. 1725, to Decern'' 10. 1726, Amounting to the Sum of £290. 2. 7. House Jour- 
[Read & Accepted and] "•'i^' p- ^s- 

Resolved that the Sum of Two Hundred & ninety Pounds two shil- 
lings & seven pence be allowed & paid out of the publick Treasury to 
the Officers & Soldiers born thereon respectively. And that M'' Treas- 
urer be directed to allow to said Hinkes the Subsistence of the Rev'^ 
M"" Evelith during the Time he stauds on this Roll, in full Discharge 
thereof. \_Passed December 23. 



CHAPTER 269. 

RESOLVE ALLOWING £3. 13. 11 TO CPT. SAMUEL HINKES. 

An Accojipt presented by Cpt. Samuel Hinkes, of Provision & Legislative 
Liquor expended at Fort Mary at the Time of the Examination of councff, xiiS® 
three Indians seized in October last, as also of the Province Stores '^ 

expended &C. House Jour- 

[Read & Accepted and] nai.p.55. 

Resolved that the Sum of Three Pounds thirteen shillings & eleven 
pence be allowed & paid out of the publick Treasury to Cpt. Samuel 
Hinkes, to be by him repaid to whom the same is respectively due to 
discharge the said Ace' And that M"' Treas"" be directed to allow him 
for the Provisions therein charged. \^Passed December 23. 



CHAPTER 270. 

RESOLVE ALLOWING £20. 9. 6 TO RICH» SMITH. 

An Accompt presented by Richard Smith of 58J Cords of Fire Wood Legislative 
by him supplied for the Garrison at Fort Mary at Winter Harbour by coSndf, xii£^ 
the Direction of Cpt. Samuel Hinkes Commander there, Amounting to ^"3- 

the Sum of £20. 9. 6. House Jour- 

[Read & Accepted and] nai.p.ss. 



102 



Province \jA\\^ {Resolves, etc.). — 172G-27. [Chaps. 271,272.] 



Legislative 
Records of tlie 
Council, xiii., 
274. Mass. 
Archives, 
cxiii., 689. 

Mass. 
Archives, 
cxiii., 686. 
House Jour- 
nal, p. 57. 



Resolved that the Sum of Twenty Pounds nine shillings & six pence 
be allowed & paid out of the publick Treasury to Cpt. Samuel Ilinkes 
for the Use of the said Richard Smith in full Discharge thereof. \_Passed 
December 23. 



CHAPTER 271. 

ORDER ON THE PETITION OF DIVERS INHAB^^ OF DEDHAM & DOIV- 

CHESTER. 

A Petition of sundrj' Inhabitants of the Southerly Part of the Town 
of Dedham, & of the Westerly Part of Dorchester South Precinct ad- 
joining to Dedham, Shewing that the Petitioners having laboured under 
great Inconveniences by their great Distance fi'om the Places of pub- 
lick Worship, they obtained an Exemption from the said Towns of 
their Rate. for the Ministry in Case they maintain an orthodox Minis- 
ter, Which they have done for some considerable Time ; But not being 
able to oblige those that live among them, that may be unwilling, to 
pay their Part towards the Charge of building a Meeting House, &, .Sup- 
port of a Minister, Therefore Praying that they may be set off a sepa- 
rate Township within the Bounds hereafter mentioned ; viz, Beginning 
at Bubling Brook, Then crossing Medfield Road, taking in the House 
Lot of Amos Fisher Jun'' Thence taking in the House Lot of Joseph 
Colburn, From thence, taking in the House Lot of Lusher Gay, From 
thence, to a Place called the Cross Ways, From thence to Purgatory 
Pond ; From thence to a Ford Way a cross Neponset River ; Thence 
upon the River up stream, to a Place called the Horse Shooe, & so, 
taking in Font IMeadow, to Trap Hole Bi'ook, & so to run upon Trap 
Hole Brook till it comes to Coll. Browns Farm ; and upon said Farm, 
to run upon a Westerly Line to Walpole Line, where it first began ; 
And if the Court should not judge it proper to set y'" off as a Town- 
ship, that they may be made a Precinct, &, that a Committee may be 
appointed to view the said Land & their Situation, & judge of the 
Reasonableness of their Petition, & the properest Place for setting 
their Meeting House on. 

Read & 

Ordered that the Petition" serve the Towns of Stoughton & Dedham. 
with Copys of this Petition, That so they give in their Answer thereto 
if they see Cause on the first Tuesday of the next May Session. \_Passed 
December 23. 



CHAPTER 272. 



Legislative 
Records of the 
Council, xiii., 

278. 

House Jour- 
nal, p. 59. 



RESOLVE ALLOWING £20 TO SARAH ■WY:MAN. 

A Petition of Sarah Wyman Relict Widow of Cpt. Seth Wymau 
Dec'' Shewing that her Husljand was in the Service of this Province 
under Cpt. John Lovewell in all his Marches till his Death, & after- 
wards raised a Company of Voluntiers, of which he had the Command, 
& that he took up for the Use of his Company, Provisions and Cloath- 
ing to the Value of Twenty Pounds, which he engaged to pay, & his 
Estate is now liable for it. That her said Husband died of Sickness 
which he had contracted by hard jNIarches against the Indian Enemy, 
Leaving five small Children behind him & his Estate under Incum- 
brances that his Land must be sold to pay his Debts, unless the Peti- 
tion"" be relieved by this Court, And therefore Praying the Compassion 



[3d Sess.] Province Laws {Besolves, etc.). — 1120,-21 . 103 

of the Court & such Allowance out of the publick Treasury in Consid- 
eration of the Premisses, as to tiie Wisdom & Goodness of this Court 
shall seem meet. 

Read [vfe Accepted] & 

Resolved that tiie 8um of Twenty Pounds be allowed & paid out of 
the publick Treasui'y to the legal Represent™ of Cpt. Seth Wyman the 
Petition''' late Husband Dec'' in full Satisfaction of & in Answer to the 
within Petition. \_Passed December 24. 



CHAPTEK 273. 

ORDER IMPOWERING SARAH INGRAHAM TO COMMENCE AN ACTION 
FOR RECOVERY OF LAND. 



A Petition of Sarah Ingraham, Shewing that her Husband Henry Legislative 
Ingraham went to Sea about eight Years agoe, bound to Surinam, & QQy^^'ff ^hi 
has never returned to her since, nor taken the least Care for her Sup- 276. 



port, so that she is reduced to such Streights, as to be forced to go House Jour- 
out to Service for a Maintenance, That since her Husbands Absence, "'*'' ^' ^^' 
one of her Brothers died, & has left her an Estate in Land to the 
Value of Two Flundred & fifty Pounds, "Which she can have no Ad- 
vantage of by reason of her Coverture, & her Husbands not leaving 
her a Power of Attorne}^ ; And her two Brothers Joseph & Jeremiah 
Bill refuse to pay her for the said Land ; And therefore Praying that 
she may be impowered to commence an Action for Recovery of the 
said Land, & upon Recovery to make Sale thereof; Part of the Prod- 
uce to be allowed her for her present Support & Payment of her Debts, 
& the Rest to be put out to Interest ; she to have the Benefit of the 
Interest till the further Order of this Court. 

Read & 

Ordered that the Petition'' be & hereby is impowered to commence 
an Action in the Law in her own Name for recovering her Right in 
the Lands mentioned in the Petition, & that upon Recovery thereof, 
she be impowered to make Sale of the said Land, & to give a good 
Deed or Deeds in the Law for Conveying the same. Any Law, Usage 
or Custom to the Contrary Notwithstanding ; And that the Petitioner 
be allowed a fifth Part of the Money produced by the said Sale for 
her present Support, & for paying such Debts as she has already con- 
tracted ; And that the Remainder be put out to Use for the Petitioners 
Benefit & Support, & the Principal reserved till the Return of her Hus- 
band or the further Order of this Court ; And that M'' Jonathan Mount- 
forth of Boston be desired to assist the Petitioner in the Action for 
Recovery of the Land & Selling the same. And that he take Care of 
the Money that shall be produced by the Sale thereof & put it out 
to Interest according to the Directions above mentioned. \_Passed 
December 26.^ 



CHAPTEK 274. 

ORDER REFERRING TO THE NEXT MAY SESSION MARY TRILLS PETITION 
COMPLAINING OF A JUDGMENT IN A BASTARDY CASE. 

The House went into the Consideration of Mai-y Trills Petition with Legislative 
the Vote of the Court thereon [ante, p. 69, chap. 182] And the Time coundi' xuf,^ 

279. 

' This date is according to the House Journal ; according to Legislative Records of the 

Council the date is December 24. 



lOtt 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 275, 276.] 



House Jour- 
nal, p. 58. 
Ante, p. (iit, 
chap. 182. 



being elapsed that the adverse Party John Peal should have been served 
with a Copy thereof ; 

Ordered that the said Petition be refer'd to the second Fryday of the 
next May Session for further Consideration And that in the mean Time 
the Petitioner serve the said John Peal with a Copy thereof, That he 
shew Cause Why the Prayer of the Petition should not be granted. 
[^Passed December 26. 



CHAPTER 275 



RESOLVE ALLOWING PAYMENT OF THE RANSOM OF NATH'-'- CHAM- 
BERLAIN. 



Legislative 
Records of the 
Council, xiii., 
279. 

House Jour- 
nal, p. 57. 



A Petition of Nathaniel Chamberlain of Hatfield, Shewing that in 
the Mouth of September 1725, he had the Counnaud of a Scout of five 
Men sent out from Fort Dummer by Cpt. Dwight, & iu Travelling the 
Woods they were surprized by a Company of Indians much superiour 
to them and overcome by them, two being Killed, one escaped & the 
others carried to Canada, where the Petitioner remained till August 
last, wlien M"^ Philip Livingstone & others belonging to Albany, being 
then at Mount Royal, at his earnest Desire, bought him out of the 
Hands of the Indians & paid the Sum of Thirty six Pounds York 
Money for his Ransom & brought him to Albany where he is retained 
as a Security for Repa3'm' of the said Money ; w'^'' he is unable to pay 
being very poor & having several small Children to maintain ; And 
seeing he was captivated in this Service of the Governm' Therefore 
Praying that tiie said Ransom Money may be paid out of the publick 
Treasury, that he may have some Allowance for his present Support 
& a Grant of a small Tract of Land on the East Side of Connecticut 
River near the Block House above Northfield. 

Read & In Answer to this Petition, 

Resolved that the Province Treasurer be & hereby is directed and 
ordered after the easiest & best Method he can to discharge the Ran- 
som of the Petitioner being Thirt}' six Pounds in York Money to the 
Persons who have advanced the same. {^Passed December 26. 



CHAPTER 27(3. 



RESOLVE ALLOWING £2L 15 TO THE NANTUCKET COM^Fi^k. 



Legislative 
Records of the 
Council, xiii., 
279. 

Legislative 
Re^ords of the 
Council, xiii., 
201. House 
Journal, p. 58. 
Province 
Laws, X., 666, 
chai.1. •Ihl. 
Ante, p. 66, 
chap. 144. 



Resolved that the Sum of Twenty one Pounds fifteen shillings be 
allowed & paid out of the publick Treasury to Shubal Gorham Esq' 
to be by him repaid to whom the same is due respectivel}' to dis- 
charge the Accompt of the Time & Expence of a Committee of this 
Court appointed on the Petition of Joseph Meader in behalf of divers 
Indians of Nantucket to repair to the Island of Nantucket, Who re- 
ported on the Business they were sent And an Order for the Commit- 
tees being paid the said Sum pass'd the 28"' of June last. That one 
Half thereof sh*^ be paid bj^ the English Inhabitants of Nantucket, & 
the other Half by the Indian Inhabitants ; But neither Party have yet 
paid any thing of the Charge. [Passed December 26. 



[3d Sess.] Province Laws {Resolves, etc.). — 1726-27. 105 



CHAPTER 277. 

ORDER REFERRING TO THE MAY SESSION THE PETITION OF JOHN 
KILBORN JOSEPH WRIGHT &c FOR GRANT OF A TRACT OF LAND. 

A Petition of John Kill>ura, Joseph Wright & siiiidry other Persons Legislative 
Inhabiting within the County of Hampshire Praying that this Court would ^'ouu^jln xm!'^ 

grant or sell to them a Tract of Land belonging to this Province lying ^^l 

Westerly on Ware River or the Equivalent Land, Southerly upon Chec- House Joiir- 
aby River, P^asterly upon Brimfield ; the Grantees not to exceed seven- °'^ ' ^' ' 
teen Families, Proposing to go immediately upon the Place & to continue 
as a Village till it may be thought proper to annex them to Brimfield or 
some other Town. 

Read & 

Ordered that the Petition be refer'd to the next INI ay Session for 
further Consideration, & that in the mean time Major Chandler, M'' 
Wright & M'' Gun be a Committee to repair to the Lands petition'd 
for, view the Situation, Quality & Circumstances thereof, & that they 
report their Opinion of y'' Value of the same at the s'^ next May Ses- 
sion. \_Passed December 26. 



CHAPTER 278. 

RESOLVE ALLOWING £30 TO SAM'-i- JORDAN. 

A Petition of Cpt. Samuel Jordan, Shewing that he has many times Legislative 
of late officiated as Interpreter to the Eastern Indians, & particularly cmincif xii*L ^ 
at S' Georges River, when Commissioners from this Governm' were -'■^i- 
there, upon a Conference with them, at the Treaty of Peace in Bos- House .Tour- 
ton last Winter, & at the Ratification of the said Treaty at Falmouth ^"'j^p'' f'^^ 
the last Summer, & divers other Times ; For which he has had no Con- <-iiap'. ii4; p.95, 
sideratiou but his Subsistence ; And for as much as the Court has been *'^''^'' ^^^' 
pleased to reduce his Pay to Lieutenants, in his Muster Roll lately 
given in, Therefore Praying that he may have such Allowance for his 
Services above mentioned as to the Justice & Goodness of this Court 
may seem meet. 

Read & 

Resolved that the Sum of Thirty Pounds be allowed & paid out of 
the publick Treasury to Capt. Samuel Jordan in full Discharge of the 
Services within mentioned. \_Passed December 26. 



CHAPTER 279. 

ORDER IMPOAVERING SAM'-^ ABRAHAM TO CONVEY LANDS. 

A Petition of Samuel Abraham an Indian Proprief of Natick Praj'^- Legislative 
ing that he may have Liberty to sell unto Samuel Ames of Natick tw^enty nouncn* xiii^^ 
two Acres of Land of which tlie Petitioner has no immediate Improve- -281. 
ment, that so the Petitioner may have a good convenient House erected House Jour- 
built & finish'd for him to dwell in, & that the Rev" M"" Peabody Miu- "ai.P-65. 
ister of the said Place may have a good English Neighbour near him. 

Read & 



106 



Pkovince Laws {Resolves, etc.). — 1726-27. [Chaps. 280, 281 .] 



Ordered that the Prayer of the Petition be granted, And that the 
Petitioner be & hereby is impowered to make a Conveyance of the 
Lands mentioned in the Petition to Samuel Ames, & that Francis 
Fiilham Esq"^ be desired to take effectual Care that the Lands be sold 
to the full \'alue thereof ; And that after a reasonable Satisfaction is 
made for the House proposed to be built for the said Samuel Abra- 
ham, the Overplus to be put into the Hands of the said Francis Ful- 
ham, to be employed for the Petitioners best Advantage, And Accompt 
of his Doings herein to be laid before this Court. \_Passed December 26. 



Legislative 
Records of the 
Couucil, xiii., 

28-2. 

House Jour- 
nal, p. 50. 



CHAPTER 280. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CPT TIM" 

DWIGHT. 

A Muster Roll of the Garrison in His Majestys Service at the 
Block House above Northfield under the Command of Cpt. Timothj^ 
Dwight Containing an Accompt of Wages due to them for their Ser- 
vice from the first of June 172(3, to the 30"' of November 1726, Amount- 
ing to the Sum of £228. 14. 9 together with their Subsistence for the 
same Time, Amounting to the further Sum of £123. 18. 11 Making in 
the Whole the Sum of £352. 13. 8. 

[Read & Accei)ted and] 

Resolved that the Sum of Three Hundred & twenty seven Pounds ten 
shillings & three pence, (being the Amount of the Pay & Subsistence 
of the said Roll) be allowed & paid out of the publick Treasury (Sav- 
ing what has been already advanced & supplied by the Treasurer) to 
the said Cpt. Timothy Dwight to be by him paid to the Persons to 
whom the same is respectively due in full Discharge thereof. [Passed 
December 27. 



CHAPTER 281. 



RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF CPT. EPHR. 

MORTON. 



Legislative 
Records of the 
Council, xiii., 

284. 

House Jour- 
nal, p. 56. 



A Muster Roll of the Company of Voluntiers raised for the Service 
against the Eastern Indians, under the Command of Cpt. Ephraim ]Mor- 
ton in the Year 1722, Containing an Accompt of their Wages from the 
first to the 28"^ of Octob' 1722, Amounting to the Sum of £80. 17. 4. 

[Read & Accepted and] 

Resolved that the Sum of Eighty Pounds seventeen shillings & four 
pence be allowed & paid out of the publick Treasury to Cpt. P^phraim 
Morton to be by him paid to the Officers & Soldiers born thereon to 
whom the same is respectively due in full Discharge of the Wages 
thereof. \_Passed December 27. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1726-27. 107 



CHAPTEK 282. 

ORDER ON THE MEM"^ OF STEP. MINOT & JOS. HEATH ESQ"'' & CPT, 

THO. SAUNDERS. 

A Memorial of Stephen Miuot Esq"" As also a Memorial of Joseph R^^J^rdsoTthe 
Heath Escf & Cpt. Thomas Sauuders, Shewing that they were severally council, xiii., 

bound over by Recognizance at Falmouth in Casco Bay in the Month ^''"' '^^^' 

of August last, to make their Ai)pearance at the then next Court of ^'^"®*' "^^Feo 

in . ^^ 1 J. ji yi ,.-,',• /-^ nal, pp. 61, 62. 

General Sessions to be holden at lork tor the County of lork in Octo- 
ber, to give Evidence of what they knew relating to Richard Jaques's 
Giving or unlawfully disposing of Rum or strong Drink to the Indians 
assembled at the Ratification of the Treaty of Peace, But so it has hap- 
pened that they have each of them been under such Circumstances as 
have render'd it altogether impracticable for them to have given their 
Attendance at the said Court, That their Recognizances have been de- 
clared forfeited by the Court & Writs of Scire facias have been issued 
out thereupon & served on them, requiriug them to shew Cause at the 
Inferior Court for the said County on the first Tuesday in January 
next, why Execution should not be awarded against them for the said 
Forfeiture Praying that this Court would give them Relief in the Prem- 
isses as to their Wisdom & Justice shall seem fit. 

[Read and] 

Ordered tluit the Court of General Sessions of the Peace for the 
County of York stop all Proceedings till the further Order of this 
Court against Stephen Minot Esq"^ Joseph Heath Esq'^ & Cpt. Thomas 
Saunders, who were bound by Recognizance to attend as Witnesses 
at the Trial of Richard Jaques, they being unavoidably obstructed 
from giving their Attendance as the[y] have set forth in their Memo- 
rials. \_Passed December 27. 



CHAPTER 283. 



ORDER ON AMOS TURNERS PETITION FOR CANCELLING, ON CERTAIN 
TERMS, A MORTGAGE MADE TO THE TRUSTEES OF THE £50,000 LOAN. 

A Petition of Cpt. Amos Turner of Scituate, Shewing that He bor- Legislative 
rowed of the Trustees of the first £50,000 Loan the Sum of Two Hun- councif, xiiL,^ 
dred & fifty Pounds, That the General Court at their Session in March 2!^7. Mass. ' 
1720, in Answer to his Petition, Setting forth the great Loss he sus- 440^^^^^^'*^''* 
taiued by the burning of his Barn together with the Cattle, Hay & Letiisiative 
Grain therein, were pleased to order that three Years Interest of Two Records of the 
Hundred Pounds of the principal Sum borrowed should be abated him ; iisl^'^Ma's^!"' 
For which he returns his sincere Thanks And therefore Praying that Isg'^'^House''' 
he may still have the Benefit & Advantage of the said three Years In- Journal, p. 56. 
terest, & that the Trustees of the said £50,000 Loan may be directed £avv8"T.^750 
upon his paying the full Principal borrowed with the whole Interest chap. 10. 
thereon (Except only the Interest of Two Hundred Pounds for three 
Years as aforesaid) to cancel & make void his Mortgage given for the 
Security of the said Sum of £250 The three Years in & by the afore- 
said Resolve stated Notwithstanding. 

Read and 

Ordered That the prayer of the petition be granted and that the 
Trustees for letting out the Fifty Thousand pounds Loan be and 
hereby are impowred and directed upon the petitioners paying the 



108 PitoviNCE Laws {Resolves, etc. ) . — 1726-27. [Chaps. 284, 285.] 

principal Mouy borrowed Viz' £250 and tlie Interest thereon, Ex- 
cepting three years Interest of £200 to Cancel! and discharge the 
petitioners mortgage. [Passed December 27. 



CHAPTER 284. 

ORDER ON THE MEM" OF THE INHAB^s OF HAVERHILL & AMESBURY. 

Rifordl'of the Whereas Sundry of the Inhabitants of Haverhill & Aniesbury by 

Council, xiii., their Memorial & Petition to this Court have set forth that they liave 

'^I^ of late been very much disturbed & molested in the Improvem' of their 

Legislative Lands bv some of the People of the Town of Kingston in the Province 

Records ot the -^ i t i i i 

Council, xiii., of New Hainpshu-e on Pretence that these Lands belong to the said 
Journal, p?67f Town of Kingston for that they ly more than three ]Miles from the 
River Merrimack; AVliich Lands the Petitioners & their Predecessors 
have been in the quiet & peaceal)le Possession of upwards of sixtj' 
Years ; Notwithstanding which Writs have been brought against them 
for Trespass triable in the Province of New Hampshire, wliereby they 
have been subjected to excessive Charges ; Which Actions of the People 
inhabiting the Town of Kingston, this Court apprehend can in no wise 
be justified but greatly tend to the breaking in upon the Friendship & 
good Understanding that ought to be kept up & maintained between 
this Governm' & the Governm' of New Hampshire ; ]More especially 
for such Actions to be brought & prosecuted, when that Government 
have applied to His IMajesty in Council to have the Boundaries between 
the Governm" settled, That His ^Nlajestys Subjects living on or near the 
Lands controverted may be quieted in their Minds, the whole Matter 
being therel)y laid before His ]Majest3% as the General Court of that 
Province have declared on the fourth Instant, & assigned as a reason 
for not joining Commiss" to accomodate the Matter here. 

Ordered that this Matter be remonstrated to the General Court of 
New Hampshire in Expectation, that they will take effectual Order at 
their next Sitting to put a stop to such vexatious Suits ; 

And that His Honour the Lieuten' Governor be desired to write to 
the Lieuten' Govern"' of that Province, that he use his Influence that 
the iNIatters complained of be redress'd, & that there be no further 
Proceedings of this Nature in the mean Time, & that any Actions 
already commenced be suspended ; Assuring him that this Governm' 
will do the same on their Part. \^Passed December 28.^ 



CHAPTER 285. 

ORDER OX REPORT ABOUT THE LINE BETWEEN THIS PROVINCE & 

NEW YORK. 

R°'^*rcis*ofthe Ti^^ COMMITTEE of the Board appointed to confer with a Committee 
Council, xiii., of the House ou the Subject Matter of the several Votes respecting the 

^— Line between this Governm' & the Governm' of New York informed the 

Recordfof the Board that they had attended the said Conference & that the}- had pro- 
Councii, xiii., posed an Expedient in the Matter, in which they supposed the two 
HouseVour- Houses would agree ; And soon after the Committees Keport was sent 
?i^'^^lL'^^' '^' uii with the Vote of the House thereon ; To which the Board agreed ; 

6.5, 6b, jO. ^ *~ 

' This date is according to the House Journal; according to Legislative Records of the 
Council the date is December 27- 



[3d Sess.] Province Laws (Iiesolve.% etc.). — 1726-27. 109 

And the said Report & Vote of both Houses thereon are as fol- ^i^^^;Yj}'' 
lows ; Viz, 

The Committee are of Opinion that Commissioners be appointed on 
the Part of this Governm' & impowered to confer with such Commis- 
sioners as sliall be appointed by the Governm' of New York concern- 
ing the Claims of Land which may be made by either Governm' in 
Order to have the Line or Boundary settled between the Provinces, 
And that the Meeting of the Commissioners may not prove ineffectual, 
that they come furnished to the Conference & fully prepared & pro- 
duce their respective Grants, Patents or any other Papers which may 
be thought proper then to be produced, And that the said Commis- 
sioners be directed to report their Doings to the Governments respec- 
tively in Order for the Settling of the Boundaries of the Provinces as 
aforesaid. By Order of the Committee 

Dec. 12. 1726. Nath''' Byfield 

Read & 

Ordered that this Report be Accepted, & that all Persons belonging 
to this Province be prohibited from making any further Settlements 
near the Dividing Line between the two Provinces till the further 
Order of this Court, And that all Actions already commenced against 
the People residing at Housatannuck cease, & they be put to no fur- 
ther Trouble in the Law till this Affair be settled ; Provided the Gov- 
ernm' of New York give the like Orders to the Inhabitants of that 
Province ; And that His Honour the Lieuten' Govern'' be desired to 
agree with His Excellency Governor Burnet as to the Place of the 
Commission" Meeting ; the Number of the Commissioners to be three. 
[^Passed December 28. 



CHAPTER 286. 

RESOLVE ALLOWING £81 TO JOHN FARROW. 

A Petition of John Farrow, Shewing that, being one of the Scout Legislative 
sent out by Cpt. Timoth}^ Dwight in September 1725, which was sur- Councif, xiii.,'^ 
prized by a Superiour Number of the Indian Enemy, he was with others '^^^- 



carried Captive into Canada, where he was used with great Cruelty, & ^,*^"*'' j^^*"- 
often in Danger of his Life & detained a Prisoner till the 25"' of August ^Ante,\^. io4, 
last, when he was redeemed by one William Rogers of Albany who paid '^'^•^i'- -'^• 
the Sum of Forty Pounds in York Money for his Ransom, which was 
the lowest Rate at which his Freedom could be purchased. And foras 
much as he was taken in the Service of the Province, Therefore Pray- 
ing that he may be allowed the Money paid for his Ransom as afore- 
said, & such further Consideration for his Loss of Time & the Hardships 
he has sustained in his said Captivity as to the Wisdom & Goodness 
of this Court shall seem meet. 

Read [& Accepted] & 

Resolved, that the Sum of Eighty one Pounds be allowed & paid 
out of the publick Treasury to Major John Chandler, & that he take 
effectual Care that the Redemption Money paid for the Petitioner 
be repaid, & that the several Bonds relating thereto be discharged. 
[^Passed December 28. 



110 



Pkovince Laws {Resolves, etc.). — 1726-27. [Chaps. 287-289.] 



CHAPTEK 287. 



Legislative 
Records of the 
Council, xUi., 
290. 

House Jour- 
nal, p. 67. 



RESOLVE ALLOWING 43/ 4 TO COLL. RICH" KENT. 

An Accompt presented by Richard Kent Esq'' of Expresses sent in 
His Majestys Service, & Horse Hire for several Persons sent Express 
in the Years 1723, & 1725, Amounting to the Sura of £3. 2. 8. 

[Read ^ and] 

Resolved that the Sum of Forty three shillings & four pence be 
allowed & paid out of the publick Treasury to the Accoraptant Rich- 
ard Kent Esq"" to be by [him] - repaid to whom it is respectively due 
in full Discharge of the within Accompt. \_Passed December 28. 



CHAPTER 288. 



ORDER ON CPT. TIM" DWIGHTS MEM", IMPOWERING THE TREASURER 
TO TAKE HIS BOND FOR RETURN OF GOODS. 



Legislative 
Records of the 
Council, xiii., 
•291. Mass. 
Archives, 
Ixxll., 267. 

House Jour- 
nal, p. 6S. 



A Memorial of Cpt. Timothy D wight, Shewing that in the Year 
1725, he received of the Treasurer of the Province Goods to the Value 
of about One Hundred & sixty Pounds, to be disposed of to such of 
the Soldiers in the Service of His Majesty at Fort Duininer as should 
have Occasion for them. That he has delivered about One Half of the 
said Goods to the Soldiers, which has been deducted out of their "Wages 
in the Muster Roll, Praying that the Treasurer may be directed to take 
his Bond for returning what Goods are still in his Hands or the ^Nloney 
for them in seasonable Time, If he have Opportunity to sell them. 

Read & 

Ordered that the Prayer of this Petition be Granted, And that the 
Treas"" be Directed & Impowered to take the Petition" Bonds for the 
Goods in his Hands accordingly. [^Passed December 28.'^ 



CHAPTER 289. 



VOTE REFERRING TO 500 ACRES OF LAND FORMERLY GRANTED TO 

M« JOHN COLLINS. 



Legislative 
Records of the 
Council, xiii., 
291. 

Legislative 
Records of the 
Council, vlii., 
127,326. House 
Journal, p. 40. 
Province 
Laws, viii., 124, 
chap. 2.S; 24:^>, 
chap. 48; ix., 
32S, chap. 136. 



Whereas the Great & General Court of the late Colony of the Mas- 
sachusets Bay Anno 1683, granted to the Rev'' ]NP John Collins of Lon- 
don Five Hundred Acres of Land, which was laid out at a Place called 
Qunetusset, & afterwards; viz, June 13. 1705, on the Petition of M"^ 
Francis Collins the Sou of the said Rev*" M"" John Collins (the former 
Survey being not to be found,) 

Ordered a new Survey of Five Hundred Acres in Lieu of the first 
Grant, which was accordingly made & a Plat presented & confirmed 
Anno 1707 ; L'pon settling the Colony Line between the Massachusets 
& Connecticut, The first Survey or Grant falling on the South of the 
said Line, & for which an Equivalent hath been allowed the said Col- 

1 Committee's report not accepted. 

2 Inserted from the State Library copy. Legislative Records of the Council, xiii., 282. 

3 This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is December 29. 



[3d Sess.] Province Laws {Resolves, etc.). — 1726-27. Ill 

ony of Connecticut, & the said Five Hundred belonging of right to 
this Province, 

Voted that Major Chandler & Major Leonard be a Committee, And 
they are hereby fully authorized & impowered to apply to the Gov- 
ernm' of Connecticut for any further or other Confirmation of the said 
Lands, & enquire into the Nature & Value of the same & make Report 
of their Doings herein to this Court at their next May Session. [_^Passed 
December 29. 



CHAPTER 290. 

VOTE FOR REPAIRIRG FORT GEORGE AT BRUNSWICK. 

A Memorial of Cpt. William Woodside Commander of His Maj- Rlfof^^Jf^tj^e 
estys Fort at Brunswick, Setting forth that the said Fort is very much Council, xUi., 

out of Repair & more especially that the Platforms are so rotten & "^ 

decayed that there is no firing the great Guns with any Safety, Pray- naT^'^es"^" 
ing that this Court would take speedy Orders for putting the said Fort 
into good Repair before it be more decayed : 

Read & 

Voted that His Honour the Lieuten' Govern'' be desired to give his 
Order to Cpt. Joseph Heath on his Return to Richmond to visit the 
Fort at Brunswick, that he carefully view the said Fort, & consider 
what Repairs are necessary to be made, And that the said Cpt. Heath 
be impowered & directed to provide what Timber, Plank & other Stuff 
(as well as any other Things that may be thought necessary) for effect- 
ing the said Repairs, And that he take Care that the same may be done 
with as much Prudence & Frugality as may be. And that he lay the Ac- 
compts before this Courtat the next May Session. \_Passed December 29 . 



CHAPTEE 291. 

RESOLVE ALLOWING ACC^ OF REPAIRS AT Y= LIGHT HOUSE AND £25 
TO JOSEPH WADSAVORTH. 

An Accompt presented by Joseph "Wadsworth Esq'' of Monej's dis- Legislative 
bursed for Work & Materials in the Repairs of the Light House & the council' xii^® 
Wharf there &c, Pursuant to the Order of the General Assembly for 2^-- 
effecting the said Repairs, Amounting to tlie Sum of £490. 1. 8 All House Jour- 
which the Committee had received of the Province Treasurer. ^AntF,\^% 

Read & chap'. 94;'"' 

Resolved that this Accompt be allowed, &, that the Committee the i3S. ' 
Accomptants be discharged of the said Sum of Four Hundred & ninety 
Pounds one shilling. & eight pence accordingly. And that the Sum of 
Twenty five Pounds be allowed & paid out of the publick Treasury to 
the said .Joseph AVadsworth Esq'' for his extraordinary Service, Time 
& Trouble in & about effecting the said Repairs, \ Passed Decem- 
ber 29. 



112 



Pkovince Laws {Resolves^ etc.). — 172G-27. [Chaps. 292-294.] 



Legislative 
Records of the 
Council, xiii., 
293. 

House Jour- 
nal, p. 66. 



CHAPTEK 292. 

RESOLVE ALLOWING £8. 13. 5 TO CPT. THO. WELLS. 

An Accompt presented by Cpt. Thomas "Wells of suudry Expresses 
sent in the Service of the Governm' in the County of Ilampshu'e, 
Victuals supplied several Soldiers, Money paid D'' Tbomas Hastings 
for sundrys, Amounting in the Whole to the Sum of £8. 13. 5. 

[Read & Accepted and] 

liesolved that the Sum of Eight Pounds thirteen shillings & five pence 
be allowed & paid out of the publick Treasury to Cpt. Thomas "\Vells, 
to be by him paid to whom it is due in full Discharge thereof, [^Passed 
December 29. 



CHAPTEK 293. 



VOTE ON THE PETITION OF DUNSTABLE PROPRIET^^ IN REGARD TO A 
WARRANT FOR CALLING A TOWN MEETING. 



Legislative 
Records of tlie 
Council, xiii., 
275, 293. 

House Jour- 
nal, pp. 59, 70. 



A Petition of the Agents for the Proprietors of the Town of Dun- 
stable to sue & defend in all Actions wherein the said Proprietors may 
be concerned, Complaining of the Managem'* of Eleazar Tyng Escf who 
was chosen Moderator of the Proprietors Meeting held at Dunstable 
on the twenty ninth of November last for chusing Persons to defend 
an Action brougiit at the Inferior Court of Common Pleas for the County 
of Middlesex by the said Tyng against the said Propriet" That the said 
Tyng, amongst other Things therein complained of, carried away the 
Justices Warrant for calling the said i\Ieeting, & refused to return it 
to the Proprietors Clerk, with Avhom it ought to be lodged, & afterwards 
refused to deliver it, when he was thereto requested, in Order to the 
said Agents making Proof of their Power to defend at the said Court ; 
Praying that the said Eleazar Tyng may be sent for b}' Order of this 
Court to answer the said Complaint & may be obliged to produce & 
deliver up the said Warrant in Order to their Defending the said Action 
for the Propriet" 

Ordered that no Advantage be taken against the Proprietors of Dun- 
stable because the said Warrant was not produced in Court And that 
the Cause be heard & determined at the next Inferior Court of Com- 
mon Pleas to be held at Charlestown for the County of Middlesex in 
March next; And the Justices of the said Court are impowered & 
directed to proceed therein accordingly ; An}^ Law Usage or Custom 
to the Contrary Notwithstanding. \_Fassed December 30.^ 



CHAPTEE 294. 

ORDER ON THE REPORT OF THE JUSTICES OF PLYM<' ON Y^ PETITION 
OF JOS. & BETH. PETER. 



Legislative 
Records of the 
Council, xiii., 
283. 

House Jour- 
nal, p. 73. 



At the Gener.\l Sessions of the Peace holden at Plymouth within 
& for the Count}^ of Plymouth on the third Tuesday of September 172G. 

Pursuant to the Order of the Great «fe General Court upon the Peti- 
tion of Joseph Peter & Bethia his Wife Indians concerning their selling 

' This date is according to the House Journal; according to Legislative Records of the 
Council the date is December 29. 



[3d Sess.] Province Laws (JResolves, etc.). — 1726-27. 113 

twenty Acres of Land lying in Kettecut in the Township of Bridg- Province 
water, the said Joseph & Bethia being present, And the Justices of ^lfap^3e2.' "*'^' 
tiie said Court liaving made Inquiry into that Affair & the Circum- 
stances of the said Indians & their Debts & examined their Accompts 
relating to the same, do find according to the Accompts laid before 
them, that there is due & owing from them to sundry Persons the Sum 
of £28. 10. 5 Viz, 

To Elisabeth Hall of Taunton by a penal Bill of six Pounds Silver Money 1 

payable June 13. 1708, Condition'd for the Payment of Three Pounds like r £6. - - 

Silver Money with y" Interest ever since J 

To the Estate of Jacob Thomson Esq"' 060*^ 1. 5. - 

To John King of Taunton 1. 18. 11 

To Joseph Thomas of Plymouth . . VS. 9. - 

To Samuel Keith of Bridgwater 5. 17. 6 

£28. 10. 5. 

Which we are of Opinion they cannot pay, without selling some of 
their Land ; And finding they have other Laud, as is set forth in their 
Petition, besides the said twenty Acres, which may be suftlcient for 
their support, are of Opinion that it is necessary that the said Indians 
should have Liberty to sell the said Twenty Acres of Land for the Pay- 
ment of their Debts. 

Attest. John Winslow Clerk per Order of the said Justices. 

Eead & 

Ordered that this Report be Accepted, & that Cpt. Benjamin War- 
ren be desired & impowered to take Care that Justice be done to the 
Petitioners in the Sale of the Land mentioned in this Report, & to see 
that the Petitioners Debts be paid & the Remainder of the Purchase 
Money improved for the Petitioners best Advantage, & that he render 
an Account of his Doings herein to this Court. \_Passed December 30} 



CHAPTER 295. 

VOTE FOR LODGING THE PUNCAPAUG INDIANS MONEY WITH JN" 

QUINCY ESQB. 

Nath^'' Byfield Esq'' as Chairman & in the Name of the Committee Legislative 
appointed by this Court in Decem"" 1724, for the Affairs of Puncapaug Records of the 
Lauds, this Day (Pursuant to the Powers given to the said Committee) 294. 
deliver'd in a File of Bonds & a Sum of Money in Province Bills, Amount- House Jour- 
ing in the Whole to the Sum of Five Hundred fifty two Pounds thir- proV^nce" 
teen shillings & six pence ; Being the Neet Proceeds of the Deeds of Laws, x., 518, 
Quit Claim &c given by the Indian Proprietors of Puncapaug to the ^^'^^^' ^^' 
English Lessees or Tenants ; And it now remaining for this Court to 
Order how the said Money may be applied for the Use of the said 
Indians ; 

Ordered that John Quincy Esq'' be & hereby is appointed a Trustee 
for the said Indians of Puncapaug ; And that the said Money and Bonds 
be put into his Hands to be [by] ' him improved for their best Advan- 
tage ; the Interest thereof to be appliecTfor their more comfortable Sup- 
port from Time to Time, The Accompts of his Managem' to be laid 
before this Court once in three Years, And that he have such an Allow- 
ance for his Trouble in the said Affair as this Court shall judge meet. 
\_Passed December 30. 

1 This date is according to the House Journal; according to Legislative Records of the 
Council the date is December 27. 

2 Inserted from the State Library copy, Legislative Records of the Council, xiii., 287. 



114 



Province Laws (Iiesolves,etc.). — 1720-27. [Chaps. 296-299.] 



Legislative 
Records of tlie 
Council, xiii., 
295. Mass. 
Arcliives, 
Iviii., 289. 

Legislative 
Records of the 
Council, xiii., 
194. House 
Journal, p. 70. 



CHAPTER 29(3. 

RESOLVE FOR SENDING THE AGENT A MAP OF MERRIMACK RIVER, 
AND MAKING AN ALLOW*^''- TO COLL. DUDLEY FOR A FORMER MAP. 

Resolved That AVilliam Dudley Esq'' be clesii'ed to prepare an Exact 
Draft of Merrimack River, and to draw a Curve Line, as well as any 
other Lines thereon that may be necessary to be transmitted to M' 
Agent Dummer for his Liformation & Instruction in Setling the Line 
or Boundary between the late Colony of the JNIassachusetts Bay and 
the province of New Hampshire, and that the Sum of Eive pounds be 
allowed and paid out of the publick Treasur}' to the said AVilliam ])ud- 
ley Esq"' to satisfie him for the said Draft of the said River Merrimack 
which he formerly prepared for the use of this province. [^Passed 
December 30. 



CHAPTER 297. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GAR- 
RISON AT FORT GEORGE & MAQUOIT. 



Legislative 
Records of the 
Council, xiii., 
295. 

House Jour- 
nal, p. 69. 



A Muster Roll of the Garrison in His Majestys Service at Fort 
George at Brunswick under the Command of Cpt. William AVoodside, 
together with the Crarrison at Maquoit under the Command of Ensign 
James AYoodside, Containing an Ace' of AA'ages due to them for their 
Service from the 9"' of June to the 2P' of Decem"^ 1726, Amounting to 
the Sum of £258. 11. 5. 

[Read and Accepted and] 

Resolved that the Sum of Two Hundred & seventeen Pounds ten 
shillings & ten pence be allowed & paid out of the publick Treasury 
to the Ofiicers & Soldiers born on the said Roll, to whom the same is 
respectivelj'.due in full Discharge thereof, Agreable to the Report of 
the Committee thereon. \_Passed December 30. 



CHAPTER 298. 



RESOLVE ALLOWING 30/ TO JA. WOODSIDE. 



Legislative 
Records of the 
Council, xiii., 

295. 

House Jour- 
nal, p. 69. 



An Accompt presented by Ensign James AVoodside for mending 
AA^hale boats & stuff for the same, as also for AYhale boat Oars pro- 
vided by him, Amounting to the Sum of £1. 10. 

[Read and Accepted and] 

Resolved that the Sum of Thirty- shillings be allowed «fe paid out of 
the publick Treasury to the said James AVoodside in full Discharge 
thereof. [^Passed December 30. 



CHAPTER 299. 

RESOLVE ALLOWING £3 TO JAMES POWELL AND £3 TO JOHN LEGROW. 



Legislative 
Records of the 
Council, xiii., 
295. 



A Memorial of Cpt. Peter Oliver, Shewing that in making up his 
last Muster Roll ending the 9"' of January, he omitted James Powell 
& John Le Grow, two Centinels in his Compau}-, from the 29"' of 



[3d Sess.] Province Laws (Resolves\ etc.). — 172G-27. 115 

Novem"' to the said 9"' of J.inuary 1725, who were subsisted by him House Jour- 
the said Time, Praying tliat the said Soldiers may be allowed their ^ltF,\lhi 
Wages & the JMemorialist their Subsistence, And whereas William chap', yi. 
Fitz Symmonds was left out from Coll. Pxhiuiud (^offes Cluster Roll 
from Decem' 18"' to Febry. 27. 1721, During which Time the Memo- 
rialist supplied him with Provisions ; And therefore Praying that the 
said William Fitz Symmous's Subsistence may be allow'd him for that 
time accordingly. 

Read [& Accepted] & 

Resolved that the Sum of Six Pounds be allowed «fe paid out of the 
publick Treasury to James Powell & John Le Grow iu equal Propor- 
tion for their Service within mentioned in full ; & that that Part of the 
Petition that relates to William Fitz Symmons be Dismiss'd. \_Passed 
December 30. 



CHAPTEK 300. 

RESOLVE ALLOWING £23. 5. 6 TO EDW» BARKER, THO. BEDURTHA, JOHN 
PEASE & JOHN FARROW. 

A Certificate presented by M'' Treas"" Allen, That in Decem"" 1725, p®^^®|f*'^l.j^ 
Cpt. Timothy Dwight made up his Muster Roll for him self & Company council, xiii., 

at Fort Dummer, And that the four Soldiers underwritten were included -^ 

in the said Roll, & the Sums carried out to each of them as follows: House Jour- 

. ^ ' nal, p. 60. 

Viz, Province 

Edward Barker, £6. 8. 6 Thomas Bedurtha, £5. 17. 1 John Farrar, cifaTVoi' ^*^' 
£3. 12. 10 & John Pease £7. 7, 1 In all £23. 5. 6 Two of which were 
slain by the Indians, & the others carried Captives to Canada ; For 
which Reason their Wages were deducted out of the Roll, & the War- 
rant so far short of the Whole Amount ; Since which one of the Cap- 
tives is returned from Canada, & the Adminisf' of the two that were 
slain appear for their Wages, Therefore the said Treas'' desires the 
Direction of the Court thereon. 

Read & 

Resolved that the Sum of Twenty three Pounds five shillings & six 
pence be allowed & paid out of the publick Treasury to the legal Rep- 
resent^*^^ of the within named Edward Barker, Thomas Bedurtha, John 
Farrow & John Pease or their Orders respectively in full Satisfaction 
of the Wages due to them respectively, Agreable to the within Certifi- 
cate of M" Treasurer Allen. \_Passed Decemher 30. 



CHAPTEE 301. 

RESOLVE ALLOWING 30/ TO CAPT. JOS. BROW^N. 

A Copy of an Order of the General Court in May Session 1712, Ap- Legislative 
pointing a Committee on the Petition of the Inhabitants of the Town of councif xm^^ 
Swanzey to repair to the said Town, being presented by Capt. Joseph 296. 
Brown one of the said Committee House Jour- 

Read & "''*^' 'P- ''^• 

ive.iu oi Province 

Resolved that the Sum of Thirty shillings be allowed &, paid out of Laws, ix., 249, 
the publick Treasury to Cpt. Joseph Brown in full for his Service on ^' 
the said Committee within mentioned. [Passed December 30. 



116 



Province Laavs {Resolves, etc.). — 1726-27. [Chaps. 302, 303.] 



CHAPTER 302 



ORDER ON THE PETITION OF FRAN. GARY & JOHN TURNER. 



Legislative 
Records of the 
Council, xlli., 
•296. Mass. 
Archives, 
xlvl., 2. 

Mass. 
Archives, 
xlvi., 1. 
House Jour- 
nal, pp. 71, 72; 
I)p. IS, 16 
(.lune, 1727). 
Ante, p. 83, 
Chap. 220. 



A Petition of Francis Gary & John Turner, Shewing that upon their 
former Petition, tlie Council were pleased to order that a Committee 
should lay out a Tract of Land to the Petition" granted b}' the Gov- 
ernment of New Plymouth near Taunton ; Which Order the House were 
pleased to Non Concur, (as the Petitioners suppose) because the Peti- 
tioners could not produce the second or additional Grant to the said 
Town of Taunton, The Petitioners have now obtained a Copy of the 
said Grant which is herewith exhibited ; And therefore Praying the 
Order of this Court that the said Grant of Land belonging to the Pe- 
tition" (as refer'd to in their former Petition) may be survey'd &, laid 
out for their Benefit. 

In the House of Representatives Read and in Answer to this petition 

Ordered That the first petition of the said Francis Carey and John 
Turner be granted, and That Samuel Thaxter Esq' M' Edward White 
and Maj' Tilestone be desired and directed witli two Chain Men upon 
Oath to surve}' and lay out to the petitioners the Grant of Land men- 
tioned in the petition at the place where it was first laid out as near 
as they can find, and upon Lauds not under Improvement, the said 
work to be performed at the Charge of the petitioners, and the former 
Order of the Court on the aforesaid petition is declared null and void 
In Council ; 

Read & Concur'd ; The Committee to make Report of their Doings 
to this Court at the next May Session. 
In the House of Representatives 

Read and Concurd with the amendment, Provided. The Land do 
not interfere with Any part of the Lands within the first Grant of 
the Town of Taunton ' 

In Council, Read & Concur'd. \_Passed December 31.- 



CHAPTER 303. 



VOTE APPOINTING SURVEYb^ qF CAN\"AS. 



■Legislative 
Records of the 
Council, xiii., 
297. Mass. 
Archives, lix., 
278. 

House Jour- 
nal, p. 72. 
Ante, p. 52, 
chap. 133. 



Whereas this Court the twenty eighth of June last ordered a Bounty 
to any Person that shall manufacture good Duck or Canvas of the Con- 
tents & Quality in the said Vote express'd ; but have not yet appointed 
Surveyors for that Service, to certify the same to the Treasurer in Order 
to entitle such Persons to the said Bounty ; Wherefore, 

Ordered That mess" Adino Bulfinch and William Palfrey with Such 
as the Honourable Board shall Appoint be the Surveyors of all Such 
pieces of Duck or Canvas that shall be presented to them (or an}^ two 
of them who shall be a Quorum) for their Survey to Certifie the Same 
according to the Order of Court, and for their Service shall have twelve 
pence p Bolt for each Bolt of Duck or Canvas So Surveyed marked 
and Certified to be paid by the Owner or Owners thereof 

Read et Concur'd And i\P Charles Morrice of Boston is joined with 
the Persons above named to be a Surveyour of Duck or Canvas. 
[_Passed December 31. 

' The committee reported that they could do nothing, and the whole matter was finally 
dismissed June 7, 1727. — Legislative Records of the Council, xiii.. 3"2(i. 

2 This date is according to Mass. Archives; according* to Legislative Records of the 
Council the date is December 30. 



[3d Sess.] Province Laws {Resolves, etc.). — 1726-27. 117 



CHAPTEK 304. 

ORDER DESIRING THE JUSTICES OF THE SUP« COURT TO REPRESENT Legislative 

THE MATTER OF THE PROHIBITIONS. CoXcif.xluf 

298. 

Ordered that the Justices of the Superior Court of Judicature be Legislative 
desired to draw up a full Representation of the Matter of the Prohibi- ^^^^'^f^ ^^i\';® 
tions complained of by John Menzies Esq' as refer'd to iu M' Agent 271,296.'' 
Duinmers Letter, To be transmitted to the Agent with all convenient STi^j! 79!^' 
Speed. \_Passed January 2. 



CHAPTER 305. 

VOTE FOR PAYING ACCT OF Y^ COMM^ees CHARGE AT DUXBURY. 

An Accompt of Duxburys Part of the Charge of the Committee that Rifords'of the 
went to Duxbury & Marshfield in Novem'' last, upon the Petition of council, xiii., 
sundry Inhabitants of the said Towns, Amounting to the Sum of £23. '^^ 

■1 .T 1 (\ Ante, p. 85, 

^^' ^^' chap. 225. 

Read & 

Voted that Peletiah West be impowered to receive of the several 
Petitioners of the Town of Duxbury the above Sum of Twenty three 
Pounds twelve shillings & ten pence & pay the same to Cpt. John 
Alden to satisfy the above Accompt.^ \_Passed January 2. 



CHAPTER 306. 



RESOLVE ALLOWING £400 TO THE LIEUT. GOV«. 



Resolved that the Sum of Four Hundred Pounds be allowed & paid R|f^^^^s*'Jf®the 
out of the publick Treasury to His Honour William Dummer Esq"' Council, xiii., 

Lieuten' Governor & Commander in Chief of this His Majestys Prov- -^ 

ince for his Support & to enable him to manage the Affairs of the ^^""p^ ^g"."''" 
Governm'. \_Passed January 2. 



CHAPTER 307. 

RESOLVE ALLOWING £800 TO THE AGENT DUMMER. 

Resolved that the Sum of Eight Hundred Pounds be allowed & paid R^f^^lfs^Jfthe 
out of the publick Treasury to Jeremiah Dummer Esq'' Agent for this Council, xiii., 

Province at the Court of Great Britain for his past Services & further '^^ , 

to enable him to negotiate the Business of the Province; And that he n^Tif 75^^ 
render a particular Accompt of his Expences & Dislnirsements in the 
publick Service from Time to Time. \_Passed January 2. 

' Not found in the House Journal. 



118 



Province Laws {Resolves, etc.). — 172G-27. [Chaps. 308-312.] 



CHAPTER 308. 



Legislative 
Records of tlie 
Council, xiii., 
299. 

House Jour- 
nal, p. 75. 



RESOLVE ALLOWING £300 TO THE JUDGES. 

Resolved that the Sum of Three Hundred Pounds be allowed & paid 
out of the publick Treasury to the Hon'''*^ the Justices of His INIajestys 
Superior Court of Judicature, &c, in Proportion to the Courts they 
have attended the last Half Year. \_Passed January 2. 



CHAPTER 309. 



RESOLVE ALLOWING £50 TO THE TREASURER. 



Legislative 
Records of the 
Council, xiil., 

299. 

House Jour- 
nal, p. 75. 



Resolved that the Sum of Fifty Pounds be allowed & paid out of the 
publick Treasury to Jeremiah Allen Esq'' Treasurer & Receiver General 
of this Province for his extraordinary Service therein in the present 
Year. \_Passed January 2. 



Legislative 
Records of the 
Council, xiii., 
299. 

Hoiise Jour- 
nal, p. 75. 



CHAPTER 310. 

RESOLVE ALLOWING £140 AND A FURTHER SUM OF £60 TO THE 

SECRETARY. 

Resolved that the Sum of One Hundred & forty Pounds be allowed 
& paid out of the publick Treasury to Josiah Willard Esq' Secretary 
of this Province for his extraordinary Service the Year past ; And 
that the further Sum of Sixty Pounds be allowed & paid out of the 
publick Treasury to the said Josiah Willard Esq' in Consideration of 
the publick Affairs at this Time calling for sundry things to pass that 
Office necessarily requiring a more strict Attendance from him to effect 
those Matters many of which have no stated Fee or Allowance. \_Fassed 
January 2. 



CHAPTER 311 



Legislative 
Records of the 
Council, xiii., 

299. 

House Jour- 
nal, p. 75. 



RESOLVE ALLOWING £50 TO Y^ CLERK OF THE HOUSE. 

Resolved that the Sum of Fifty Pounds be allowed & paid out of 
the publick Treasury to John Wainwright Esq' Clerk of the House for 
his Service the Year Currant. \_Passed January 2. 



CHAPTER 312. 



Legislative 
Records of the 
Council, xiii., 
299. 

House Jour- 
nal, p. 76. 



RESOLVE ALLOWING £10 TO THE CHAPLAIN OF THE BOARD. 

Resolved that the Sum of Ten Pounds be allowed & paid out of the 
publick Treasury to Thomas Hutchinson Esq' for the Use of the Eev<^ 
Chaplain of the Hon'''® Board for his Service the Year past. [_Passed 
January 2. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1726-27. 



119 



CHAPTER 813. 

RESOLVE ALLOWING £10 TO Y"- CHAPLAIN OF Y*- HOUSE. 

Resolved that the Sum of Ten Pounds be allowed & paid out of the Legislative 
publick Treasury to W Ezekiel Lewis to be by him paid to the Rev-i councfi^xm!'^ 
JNI"" John Webb, who has ofliciated as Chaplaiu to the House the Year '^'■^^- 
past. \_Passed January 2. House .Jour- 

nal, p. 76. 



CHAPTER 314. 

RESOLVE ALLOWING £20 TO JOHN WAINWRIGHT ESQi«. 

Resolved that the Sum of Twenty Pounds be allowed & paid out of n^^^^d^^^f ti 
the publick Treasury to John Wainwright Esq'' Clerk of the House for Council, xiii., 

his Trouble in preparing the Votes for the Press, & Certificates of the — 

Service of the Members of the House. [Passed January 2. House .Jc)ur- 



CHAPTER 315. 



RESOLVE ALLOWING £50 TO THE DOOR KEEPER. 



Resolved that the Sum of Fifty Pounds be allowed & paid out of the Legislative 
pulilick Treasury to M"" Richard Hubbard Door Keeper to this Court q^^ 
for his Service Half a Year, which will determine the nineteenth of 3oo. 



xin., 



January next. [^Passed January 2. 



House Jour- 
nal, p. 76. 



CHAPTER 816. 

RESOLVE ALLOWING £33. 7. 4 TO REB. HOLMES. 

An Accompt presented by Rebecca Holmes of the Expences of sev- Legislative 
eral Committees of the Court & the House at the latter End of the last couudf, xm!]^ 
May Session & this Session, Amounting to the Sum of £33. 7. 4. 300. 

[Read and] House Jour- 

Resolved that the Sum of Thirty three Pounds seven shillings & four '^^'' ^" "^' 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant Rebecca Holmes in full Discharge thereof. \_Passed January 2. 



CHAPTER 317. 



RESOLVE ALLOWING £8. 18 TO RICH" HUBBARD. 

An Accompt presented by Richard Hubbard Door Keeper, of a Cur- Legislative 
tain made by David Mason for the House of Represent""' & Caudles councif xnf^ 
provided for the General Court, Amounting to the Sum of £8. 18. 300. ' " '' 

[Read and] House -Jour- 

Resolved that the Sum of Eight Pounds eighteen shillings be allowed ^^^' ^^- "^- 



120 



Province Laws {Resolves, etc.). — 1726-27. [Chaps. 318, 319.] 



Legislative 
Recorils of the 
Council, xiii., 

300. 



House Jour- 
nal, p. 76. 
Pi'ovince 
Laws, X., 
chap. 426. 



•26, 



& paid out of the publick Treasury to the Accomptant Richard Hubbard, 
to be by liim paid to whom it is respectively due in full Discharge thereof. 
\_Passed January 2. 



CHAPTER 318. 

RESOLVE ALLOWING £420 TO EENJ* ELLIOT. 

A Memorial of Benjamin Elliot Stationer, Shewing that, Pursuant 
to his Agreem' with the Committee of this Court, he has prepared a 
new Impression of the J^aws, & has a considerable Number of Books 
bound & ready to be delivered, that, considering the Dearness of the 
Work & Materials, he can not afford the said Books at a lower Rate 
than Thirty shillings. And therefore Praj'ing that he may be allowed 
that Price for so many of the Books as he shall deliver to the Order 
of the Court above what he has agreed to give for the Liberty of print- 
ing the said Laws. 

Read & 

Resolved that the Sum of Four Hundred & twenty Pounds be allowed 
& paid out of the publick Treasury to M"^ Benjamin Elliot, in Consider- 
ation of his furnishing & supplying the Order of this Court with three 
Hundred & forty Law Books of the late Impression including sixty 
Books, which the said M' P^lliot allows tliis Court for the Copy, the 
Order for the Disposition of the said Books being hereto annexed. 
\_Passed January 2. 



CHAPTER 319. 

ORDER ON THE PETITION OF DIVERS OF THE HEIRS OF RICH" 
MIDDLECOT ESQ« DEC"- 



Legislative 
Records of the 
Council, xiii., 
301. 

House Jour- 
nal, p. 77. 



A Petition of Edward Middlecot of Worminster in Great Britain 
Gent, Sarah Boucher Widow, & Elisha Cook & Jane his AVife, the 
aforesaid Edward, Sarah & Jane being three Children of Richard Mid- 
dlecot late of Boston Esq"" Dec*^ Shewing that the Estate of the said 
Richard Middlecot by his Death & the Death of his Wife is come to 
the Petition" & the Children of ]M" INIar}^ Haggat Dec*^ an other of the 
Daughters of the said Richard Middlecot, That a Piece of Land belong- 
ing to the said Estate lying near the Bowling Green in Boston would 
be of great Profit to them, if it were divided among them, though at 
present it brings in little, Therefore Praying that this Court would 
appoint three or four discreet Free holders to la}' out upon Oath the 
said Parcel of Land into four equal Shares (with suUicient AVays) to 
be allotted to each of them, that so each of the said Children or their 
legal Represent''' may have their respective Parts in the said Land 
& enjoy the same in Severalty, & also that the other Real Instate of 
the said Richard Middlecot may be divided to & among the Parties 
interested. 

Read & 

Ordered that this Petition be refer'd for further Consideration to the 
Session of this Court in May next. And that in the mean time the Peti- 
tioners give Notice to the Represent'^* of M" Mary Haggat Dec'' that 
so they ma}' give in their Answer to this Petition, if they see meet. 
[^Passed January 2. 



[3d Sess.] Province Laws (^Resolves, etc.), — 1726-27. 121 



CHAPTEK 320. 

RESOLVE ALLOWING 30/ TO JOS. MARION. 

An Accompt presented by Joseph Marion of Writing by him clone Legislative 
for the Publiek, Amounting to the Sum of £1. 10. Councif xin^^ 

[Read and] 302. 

Resolved that the Sum of Thirty shillings be allowed & paid out of House .jour- 
the publiek Treasury to M"" Joseph Marion the Accomptant in full Dis- J^^^p-'^- 
charge thereof. \_Fassed January 2. 



CHAPTER 321. 

RESOLVE ALLOWING £15. 2. 6 TO BENJ^ ROLFE. 

An Accompt presented by Benjamin Eolfe of Writing by him done Legislative 
for the Publiek, Amounting to the Sum of £15. 2. 6. CoSncn' xiif ® 

[Read and] 30-2. 

Resolved that the Sum of Fifteen Pounds two shillings & six pence House Jour- 
be allowed & paid out of the publiek Treasury to the Accomptant Ben- °^'' ^' '^' 
jamin Rolfe in full Discharge of said Ace'. [^Passed January 2. 



CHAPTER 322. 



RESOLVE ALLOWING £18. 7. 8 TO SAM'-'- TYLEY. 



An Accompt presented by Samuel Tyley of Writing by him done for Legislative 
the Publiek, Amounting to the Sum of £18. 7. 8. ^ Counc'if, xiii.f 

[Read and Accepted and] 302. 

Resolved that the Sum of Eighteen Pounds seven shillings & eight House Jour- 
pence be allowed & paid out of the publiek Treasury to the Accomptant "'^^' ^^' '*" 
Samuel Tyley in full Discharge thereof. \_Passed January 2. 



CHAPTER 323. 

RESOLVE ALLOWING £24 TO CPT. SAM^-T' HINKES. 

A Petition of Cpt. Samuel Hinkes, Commander of His Maiestys Legislative 

■ -' __ - -- ■ Records of the 



Xlll. 



Fort Mary at Winter Harbour, Praying an Allowance for his great councif.x 
Charge & Trouble in sinking a Well at said Fort, which is of great 30-2. 
Service to the Garrison there, as also to such Vessels as come into the House Jour 
said Harbour ; '^''^^' »• '*• 

An Accompt of his Charge in the said Work is hereunto aunex'd, 
Amounting to the Sum of £36. 14 Of which he has rec'' but £6. 

Read [& Accepted] & 

Resolved that the Sum of Twenty four Pounds be allowed & paid out 
of the publiek Treasury to Cpt. Samuel Hinkes in full Consideration 
& Satisfaction of his Services in sinking a Well for the Use of His 
Majestys Fort Mary &c at Winter Harbour, as set forth in his Peti- 
tion. [^Passed January 2. 



122 



Pkovince Laws {liesolves, etc.). — 1726-27. [Chaps. 324-326.] 



Legislative 
Records of tlie 
Council, xiii., 
302. 

Mass. 
Arcliives, 
Ixxii., 265. 
House Jour- 
nal, pp. 52, 72. 
Ante, p. 88, 
Cliap. 233. 



CHAPTER 324. 

ORDER CONTINUING JOHN ALLEN IN THE SERVICE AT CASTLE WILLIAM. 

A Petition of John Allen, Shewing that he has for above twenty 
Years past been a Soldier in the Service of this Province at His Maj- 
estys Castle William & served as a Corporal most of the Time & to 
good Acceptance, as he presumes, but he beiug now advanced in Years 
& not able bodied to enlist in the Service, upon the present PLstablishm' 
& he beiug otherwise destitute of any means of Support, Praying that, 
in Consideration of his long Services & his present needy Circumstances, 
he may be continued in His Majestys Service in the said Garrison, Not- 
withstanding his Age & Inability. 

Read & 

Ordered that the Prayer of the Petition be granted, And that His 
Honour be desired that the Petition'' be enlisted on the present P^stab- 
lishm' of the Pay & Subsistence only of the said Garrison accordingly. 
\_Passed January 2. 



CHAPTER 325. 



Legislative 
Records of the 
Council, xiii., 
303. 

House Jour- 
nal, p. 80. 



RESOLVE ALLOWING 4/ PER DAY TO THE SPEAK^ OF Y*- HOUSE. 

Resolved that there be allowed & paid out of the publick Treasury 
after the Kate of four shillings per Diem for every Day of the Session 
of this present Court & also of the ^Meeting of the Court in August last 
upon Certificate of the Clerk of the House to the Hon"''" William Dud- 
ley Escf Speaker in Consideration of his constant Application in dis- 
patching the publick Affairs of the Province. \_Passed January 3. 



CHAPTER 326 



ORDER RELEASING THO. MILLET FROM THE PAYMENT OF PO^^T)ER 

MONEY. 



Legislative 
Records of the 
Council, xiii., 
304. >rass. 
Archives, 
Ixiii., 425. 

Mass. 
Archives, 
Ixiii., 424. 
House Jour- 
nal, p. SO. 
Province 
Laws, ii., 399. 



A Petition of Thomas Millet of the Province of New Hampshire 
Mariner, Shewing that he arrived at Boston from Piscataqua River in 
tan open Sloop on the 24"' of Decem"" last, laden chiefly with Lumber 
of the Growth & Produce of this Province, & loaded upon him within 
the Province of Main, That the Impost Officer demands Powder Money 
of him for his said Sloop called the Elisabeth & Mary, which he must 
be obliged to pay unless he be relieved by this Court, Therefore Pray- 
ing for an Order of the Court to the said Impost Officer for exempting 
him from Paying the said Powder Duty. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
Commissioner of Impost be & hereby is directed to abate the powder 
Mony of the petitioners sloop for this present Voyage inas much as 
the Loading Consisted Chiefly of Lumber the Growth & produce of 
this province. \_Passed January 3. 



[3d Sess.] Province Laws (liesolves, etc.). — 1726-27. 123 



CHAPTER 327. 

RESOLVE ALLOWING 56/ 6 TO JOS. KNEELAND. 

An Accompt presented by Joseph Kneeland Joyner of Work by him Legislative 
done Jit the Govern" House, Amounting to tlie Sum of £2. 16. G. councif.xiu., 

[Read and] ^J^ 

Resolved that the Sum of Fifty six shillings & six pence be allowed House Jour- 



& paid out of the publick Treasury to the Aceomptant Joseph Knee- 
land in full Discharge thereof. \_Passed January 4. 



nal, p. tiO. 



CHAPTER 328. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF CPT. JOHN 

GRAY. 

A Muster Roll of the Company late in His Majestys Service East- R|fords"ofthe 
ward under the Command of Cpt John Gray, Containing an Ace' of council, xiii., 

Wages due to them for their Service from the 25'^ of Jan^ 1725, to ^^ 

the 19"^ of Sept^ 1726, Amounting to the Sum of £192. 12. 2. SuTee*.'"''" 

[Read & Accepted and] 

Resolved that the Sum of One Hundred & eighty nine Pounds four 
shillings & two pence be allowed & paid out of the publick Treas- 
ury to the Officers & Soldiers born thereon in full Discharge thereof. 
[^Passed January 4. 



CHAPTER 329. 

ORDER FOR LAW BOOKS FOR Y''' CHIEF JUSTICE & SECRETARY. Legislative 

Records of the 
Council, xiii., 

Ordered that the Hon""" Samuel Sewall Esq'' Chief Justice of the soe^ 

Superior Court of Judicature &c, & M'' Secretary Willard be f urnish'd House Jour- 
with a Law Book each of the late Impression. [Pcftsed January 4. °^^' ^' ®^' 



CHAPTER 330. 

RESOLVE ALLOWING £6 TO CPT. W^' MAXWELL. 

A Petition of Cpt. William Maxwell of Boston Mariner, Praying Legislative 
that he may be paid for a Bell taken up by Cpt. Robinson Master of coundf,xi£'' 

the Vessel that His Honour the Lieuten' Govern'" went Eastward in to ^^ , 

the Ratification of the Treaty with the Indians, the said Bell being House Jour- 
split whilst it was used for the publick Service on board the said ^'^,/e^p. 51 

Sloop. chap'. 1-29. ' 

Read & In Answer to this Petition, 

Resolved that the Sum of Six Pounds be allowed & paid out of the 
publick Treasury to the Petitioner William Maxwell in full Satisfac- 
tion for the Lent of the said Bell & of the Damage done to it, & that 
he have the Bell returned to him. \_Passed January 4. 



124 



Province Laws {Iiesolve,%etc:). — 17 2{]-27 . [Chaps. 331-333.] 



CHAPTER 381 



Legislative 
Records of the 
Council, xiii., 
306. 

House Jour- 
nal,!). 55. 



RESOLVE ALLOWING £59. 5. 1 FOR REPAIRS AT CASTLE W", 

An Accompt presented by John Larrabee of "Work done by several 
Trades men at Castle William together with Materials for the said 
"Works, with the said Trades Mens Bills, Amounting to the Sum of 
£62. 12. 1. 

[Read & Accepted and] 

Resolved that the Sum of Fifty nine Pounds five shillings & one peny 
be allowed & paid out of the publick Treasury to the Accomptant John 
Larrabee, Twenty four Pounds fifteen shillings & four pence whereof to 
be repaid to Edward Richards ; the remaining Sum to whom it is respec- 
tively due in full Discharge of the within Ace'. \_Passed January 4. 



CHAPTER 332 



RESOLVE ALLOAVING £10. 10 TO JOSIAH JOHNSON. 



Legislative 
Records of the 
Council, xiii., 
306. 

House Jour- 
nal, p. 55. 



A Petition of Josiah Johnson Shewing that altho the "Wound, vf'^^ 
he received in his right Arm from the Indian Enemy at Pigwacket 
in the Fight under Cpt. Lovewell is by the Blessing of God healed, 
yet he is so much disabled thereby as that he is rendered uncapable 
of labouring for liis support, on which he wholly depends. Therefore 
Praying the compassionate Consideration of this Court, & that he may 
have an Allowance out of the publick Treasury 

Read [& Accepted] & 

Resolued that the Sum of Ten Pounds ten shillings be allowed »& 
paid out of the publick Treasuiy to the Petition"" Josiah Johnson, 
Eight Pounds in Consideration of his Loss of Time &c ; and fifty 
shillings the Charge of the Doctor, which the Petitioner is to pay. 
\_Passed January 4. 



CHAPTER 333. 



RESOLVE ALLOWING £30 TO THO. WHITE. 



Legislative 
Records of the 
Council, xiii., 
307. 

House Jour- 
nal, p. 80. 



A Petition of Thomas "White of Marshfield, Shewing that having 
enlisted in the Expedition against Port Royal in the Year 1710, after 
the Reducti(ni of the Fort there, he was among others detach'd from 
the New England Forces to make up the Garrison for that Place, & 
in the Year 1711, he was sent in a Sloop after the French & Indian 
Enemy, & then met with a French Privateer, who after a long En- 
gagem' grievously wounded & took him, & that he was put to great 
Pain & Expence for several Years after by his said "Wounds, being 
assisted by the Charity of his Neighbours ; Therefore Praying the com- 
passionate Consideration of this Court, & some Allowance out of the 
publick Treasury. 

[Read and Accepted, and] 

Resolved that the Sum of Thirty Pounds be allowed & paid out of 
the publick Treasury to the Petition"' Thomas "White in full satisfaction 
as well for his Smart, Pain &, Loss of Time as of the Charge he was 
at for paying the Doctor for Cure of his" Wounds. [^Passed January 4. 



[3d Sess.] Puovixce Laws (Besolves, etc.). — 172G-21. 125 

CHAPTER 334. 

RESOLVE ALLOWING £16 TO ROB'' WILSON. 

A Petition of Robert Wilson, Shewing tliat being in His jNIajestys Legislative 
Service at tlie Fort at Richmond, he was accidentally wounded by nine couucif, xnV.^ 

Swan Shot in his Legs, that since lie was dismiss'd from the Service -^ 

he has been under the Care of D'' Zabdiel Boylstone, & is now likely House .Tour- 
to be cured of his "Wounds & be restored to the Use of his Legs ; But ^'^ ' ^^' ' 
in regard the Petition"" hath endured much Smart & Pain, & lost much 
Time & is still disabled from following his Trade, Therefore Praying 
the compassionate Consideration of this Court, & such Relief as in 
their Wisdom & Goodness they shall think fit. 

Read [and accepted] & 

Resolved that the Sum of Sixteen Pounds be allowed & paid out 
of the publick Treasury to the Petitioner Robert Wilson in Consider- 
ation of his Smart Pain & Loss of Time within mentioned. \_Passed 
January 4. 

CHAPTER 335. 

ORDER OF NOTICE ON JOSIAH W^INSLOW JUN^^" PETITION FOR AN AP- 
PEAL FROM A DECREE IN PROBATE. 

A Petition of Josiah Winslow Jun"" & Sarah his Wife, one of the Legislative 
Daughters of John Howard Dec^' one of the Sons of John Howard late ^^Xu" xiii!!^ 
of Bridgewater in the County of Plymouth Dec*^ Shewing that there 307. Mass. 
was great Inequality in the Settlem' of the Petitioners Grand fathers xvii., 428.' 
Estate by the Judge of Probate for the said County in the Year 1710, ]yjj,gg_ 
Since which there is a Law of this Province for limiting the Time of Archives, 

xvii 419 4"20 

Appeals to six Months after the Judges Decree, But for as much as 423,426. ' 
the Petitioner Sarah was in her Minority & had no Body to act for her, ^^i^^'' f^"'^' 
Therefore Praying that she may be admitted to an Appeal from the 
said Decree, Notwithstanding the Time by Law limited for Appeals is 
elapsed. 

Read & 

Ordered that the Petitioners cause the other Parties concern'd in the 
Affair set forth herein to be served with a Cop}^ of this Petition, That 
so they give in their Answer upon the first Fryday of the next May 
Session, If they think fit. \_Passed January 4. 



CHAPTER 336. 



ORDER ON NICHOLSS & OLDHAMS PETITION. 



A Petition of Nathaniel Nichols & Isaac Oldham, of Pembroke, Legislative 
Shewing that they being appointed Fence Viewers & finding Abraham coundf xui!^*^ 

Booths Fence insufficient, repaired the same, & commenced an Action 276, 309. 

at the Inferior Court of Common Pleas held at Plymouth in Septem'' House Jour- 
1719, for Recovery of their Charges, That the said Booth pleaded in J^^i-P-s*- 
Abatem' of the Writ, AUedgiug that it was Dated on the Lords Day, 
That, however, the Parties afterwards entered into a Rule of Court to 
stand to the Arbitrim' of Joshua Cushing, Edward Shove & Joseph 
Barstow, Who made their Report at the same Sessions under their 



126 



Province Laws {Resolves, etc.). — 11 2Q>-21 . [Chaps. 337, 338.] 



Hands & Seals, And the Petitioners moved that Judgement should be 
made up accordingly ; Which the Court neglected, And the Petitioners 
being gone Home, the Case drop'd ; And yet the Court afterwards to 
the great Surprize of the Petitioners at the next Session (tho the said 
Cause was not continued over) brought on the said Action again &, 
abated the Writ for the pretended Mis Date, And when the Petitioners 
brought their Writ of Review to the said Inferior Court held in March 
1722, the Court bar'd the same by reason of the former Proceedings 
in the Affair ; And therefore Praying that the Justices of the said 
Court of Common Pleas may be impowered to make up Judgem' on 
the Referrees Award before mentioned, or that the}' be otherwise 
relieved. 

[Read and] 

Ordered that the Petition" serve Abraham Booth the adverse Part}' 
with a Copy of this Petition, that so he give in his Answer thereto, if 
he see Cause, on the second Tuesday of the next May Session. l_Passed 
January 5. 

CHAPTEE 337. 

ORDER ON CHRISTOr. ALMYS TETITION SUSPENDING AN EXECUTION. 



Xiegislatlve 
Records of the 
Council, xiii., 
309. 

House Jour- 
nal, p. 83. 



A Petition of Christopher Almy of Newport in Rhoad Island Mari- 
ner, Shewing that the Court of General Sessions for Dukes County held 
in .January 1723, assign'd & set over to Thomas West an Indian Man 
named Jonas Cooper (avIio was Convict of receiving & concealing stolen 
Goods belonging to the said West,) to serve the said West & his Assigns 
for the Term of four Years, That in INIay 1724, the Petitioner 1)ought of 
the said West the Time of Service which he then had in the said Cooper, 
which he assign'd over to the Petitioner by an Jnstrum' under his Hand 
& Seal, That one John Clark of Nantucket, under Colour that the said 
Indian was his Servant before the said Judgment, obtained a Judgment 
in Nantucket & took out Execution for the Recovery of him, Praying 
that the said Execution may be respited till the said Indian has served 
out his Time, or that the Petition"' may have such further & other Relief 
in the Premisses as to the Wisdom and Justice of this Court may seem 
Meet. 

Read & 

Ordered that this Petition be refer'd to the next 3Iay Session for 
further Consideration, & that in the mean Time the Execution ob- 
tained by the said John Clark be suspended, & also that the Petition' 
cause the said John Clark to be served Avith a Copy of this Petition, 
that he shew Cause on the said May Session why the Prayer thereof 
should not be granted. \^Passed Jamiary 5. 



CHAPTER 338. 



VOTE IMPOWERING THE GUARDIAN OF BENJ-^ AVHITES CHILDREN 

SELL LAND. 



TO 



XiBglslative 
Records of the 
Council, xiii., 
310. 

House Jour- 
nal, p. 84. 



Whereas Henry Hill late Guardian to the Children of Benjamin 
White late of Boston Dec'' with other Guardians were impowered by 
an Order of this Court to sell the Miuors Parts of the Lands of John 
White late of Boston Esq"" Dee'' And whereas the said Henry Hill died 
before the said Order was fulfilled & since his Death M' Edward White 
of Brooklin is appointed Guardian in his room ; 



[3d Sess.] Province Laws {Resolves, etc.). — 1726-27. 127 

Voted that the said AP Edward White be & hereby is authorized & 
impowered to join with the other Guardians in performing & exe- 
cuting the aforesaid Order for tiie Sale of the said Land. [^Pansed 
January 5. 



CHAPTEE 339. 

ORDER FOR PAYING ACC^ OF MARSHF^ COMM^ees CHARGE. 

An Accompt of Marshfields Part of the Chai-ge of the Committee that r^^'^}'?^'^?.,^ 
went to Marshfield & Duxbury in Novem'' last upon the Petition of sev- council, xiii., 
eral Inhab'"* of said Towns Amounting to the Sum of £25. 8. ^ 

[Read and] 4'S'.365."' 

Voted that M"" John Little be impow^ered to recover & receive of the 
several Petition'''' of the Town of Marshlield their Proportions of the 
above Sums of Twenty five Pounds eight shillings & therewith to sat- 
isfy the above Accompt.^ \_Passed January 5. 



CHAPTER 340. 

RESOLVE ALLOWING £22. 8 TO OPT. JOHN GERRISH. 

An Accompt presented by Cpt. John Gerrish for mending & clensing Legislative 
Arms belonging to the Province for the last Year, & since the giving cmmcff xm!^^ 
in his last Ace' Amounting to the Sum of £29. 1. 3io. 

[Read and Accepted and] House Jour- 

Resolved that the Sum of Twenty tw^o Pounds eight shillings be allowed "'^ ' ^' ^^' 
& paid out of the publick Treasury to the Accomptant John Gerrish iu 
full Discharge thereof. \_Passed January 5. 



CHAPTER 341. 

ORDER ON BRIMFIELD COMM^ees PETITION. 



A Petition of John Chandler Esq"" & others a Committee for the Legislative 
Town of Brimfield, Shewing that the Survey made by the late Wait coimdf xi?^ 
Winthrop Esq"" of a Grant of Land at Tantinsques or the Lead Mines 3io. 



is made very irregular & not according to the true Intention of the House Jour- 
said Grant, & that it runs in upon the said Town of Brimfield, so as Province**' *^' 
to take in the Meeting House Ministers House & a great Number of Laws, ix., 407, 
the Inhabitants Allotm**' so that unless the said Survey be rectified '^ ^^' 
many of the Inhabitants of the said Town of Brimfield will be ruined 
by it ; And therefore Praying such Relief in y*^ Premisses as to the 
Justice & Wisdom of this Court shall seem meet. 

Read And, 

Ordered that the Petition""' cause Thomas Lechmere Esq'' to be served 
with a Copy of this Petition, & an other Copy to be left at the House of 
John Winthrop Esq"" of New London, That so they give in their Answer 
thereto (if they see Cause[)] - on the first Friday of the next Session. 
\_Passed January 5. 

1 Not found in the House Journal. 

2 Inserted from the State Library copy, Legislative Records of the Council, xiii., 304. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1727. 



[129] 



LEGISLATIVE LIST' 



1727 



The Honorable WILLIAM 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 Pi'ojyrietors of Lands within the Territory formerly called 
the Colony of the Massachusets Bay ; 

William Tailer \ Samuel Thaxter 

Penn Townsend I John Tltiner 

Nathaniel Byfield I Daniel Oliver 

Benjamin Lynde | Jonathan Remington 

Addington Davenport \ Esqrs. John Stoddard )Esqrs. 

Samuel Brown ( Timothy Lindall . 

Thomas Fitch \ John Chandler 

Edmund Quincy I Charles Chambers 

Paul Dudley / Theophilus Burrill 

Of the Inhahitayits of or Proprietors of Lands tvithin the Territory formerly called 
the Colony of New Plymouth; 

Isaac Winslow | John Otis ) 

John Cushing j ^'*5«'- Meletiah Bourn ) ^^^^^• 

Of the Lihabitants of or Proprietors of Lands loithin the Territory formerly called 
the Province of Mayn; 

John Wheelwright, Joseph Hammond & William Pepperil, Junior, Eqrs. 

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

Spencer Phips, Esq. 

' See Legislative Records of the Council, xiii., 312-315. 
[131] 



132 



Province Laws {Resolves, etc.). — 1727, [Representatives.] 



For the Province, at large : — 
Jonathan Belcher & Symonds Epes, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

Blay 31, 1727 to October 14, 1727. 



Mr. WILLIAM DUDLEY, Speaker. 



County ok Suffolk. 
Boston, . . . Joseph Wadsworth, Esq., 
Nathaniel Green, Esq., 
Mr. Ezekiel Lewis, 
Mr. Thomas Gushing. 

. William Dudley, Esq. 

. Majoi' Thomas Tilestone. 

. Capt. Jonathan Gulliver. 

. John Quincy, Esq. 

. Jose|)h AVhite, Esq. 

. Mr. John Jacobs. 

. Mr. Joseph Ellis. 

. Mr. Joshua Morse. 

. Mr. John Mendon. 

. Mr. Jonathan Ware. 

. INIr. Samuel White. 

. Major John Chandler. 



Roxbiiry, 

Dorchester, 

Milton, . 

Brantrey, 

Weymoidh, 

Him/ham, 

Dedhani, 

Medfteld, 

Mendon, . 

Wrentham, 

Brooklyn, 

Woodstock, 



Salem, . 

Ipsivich, . 

Newbury, 

Lyn, . . 

Marblehead 

Haverhill, 

Rowley, . 

Salisbury, 

Olocester, 

Andover, 

Topsfield, 

Beverly, . 

Wcnham, 

Boxford, . 

Bradford, 

Amesbury, 



County of Essex. 
. Daniel Epes, Esq., 

Benjamin INIar.ston, Esq. 
. John AVainwright, Esq., 

Thomas Berry, Esq. 
. Capt. Henry Rolfe. 
. Mr. Thomas Chever. 
. Mr. William Stacey. 
. Mr. James Saunders. 
. Mr. John Hobson. 
. Mr. William True. 
. Mr. James Sayward. 
. Mr. Timothy Osgood. 
. Mr. Nathaniel Boardman. 
. Mr. John Baleh. 
. Mr. Samuel Kemball. 
. ]\Ir. Thomas Perley. 
. Capt. Jonathan Woodman. 
. ]\Ir. Orlando Bagley. 



County of Middlesex. 
Cambridge, . . Mr. Jonathan Remington. 



County of 

Concord, . . . 

Newton, . . . 

Sudbury, . . 

Marlboro, . . 

Sherburn, . . 

Lancaster, . . 

OrotoJi, . . . 
Framingham, . 
Chelmsford, 

Billerica, . . 

Woburn, . . . 

Reading, . . 

Maiden, . . . 

Lexington, . . 

Weston, . . . 

Woj'cester, . . 



Middlesex — Concbided. 
Capt. John Flynt. 
]\Ir. Richard Ward. 
Capt. Ephraim Curtis. 
Mr. Caleb Rice. 
Capt. Samuel Bullard. 
Capt. Samuel Willard. 
Mr. Benjamin Prescot. 
Capt. Edward Goddard, 
Mr. Benjamin Adams. 
Capt. George Brown. 
Capt. John Fowle. 
Mr. Thomas Bancroft. 
Mr. John Sergeant. 
Francis Bowman, Esq. 
Mr. Joseph Allen. 
Capt. Nathaniel Jones. 



County ok Hampshire. 

Sj)ringfield, . Mr. Samuel Day. 
Northamj}t07i, . Mr. Ebenezer Wright. 
Uadley, . . . Mr. Luke .Smith. 
Hatfield, . . . Mr. John Dickenson. 
Wcstficld, . . Mr. Joim Gunn. 
Sufficld, . . . :\Ir. John Kent. 
Enfield, . . . Mr. Nathaniel Collins. 



Cou 

Plymouth, . 
Scituate, . . 
Mai'shfield, . 
Duxbury, . 
Bridgwater, 
Middleboro, 
Rochester, . 
Plympton, . 
Pembroke, . 



NTY OF Plymouth. 

. Josiah Cotton, Esq. 

. Capt. Amos Turner. 

. Nathaniel Thomas, Esq. 

. Capt. John Alden. 

. Mr. Isaac Johnson. 

. Mr. Nathaniel Southworth. 

. Mr. Joseph Benson. 

. Mr. Isaac Cushman. 

. Mr. Elisha Bysby. 



Charlestoivn, 
Watertown, . 



Mr. Stephen Hall, 
Capt. William Smith. 
Mr. Nathaniel Fisk. 



County of Barnstable. 
Barnstable, . . Shubal Gorham, Esq. 
Yarmoiith, . . Mr. Josiah Miller. 
Eastham, . . Joseph Doan, Esq. 
Harwich, . . Capt. Edmund Freeman. 
Truroe, . . . Mr. Thomas Payne. 



[Eepresentatives.] Province Laws {Resolves, etc.). — 1727. 



133 



County of Bristol. 
Bristol, . . . Nathaniel Payne, Esq. 
Taunton, . . Setli Williams, Esq. 
Swanzey, . . Mr. Ephraini Pierce. 
Behoboth, . . Mr. Jathniel Peck. 
Little CoTfupton, Thomas Church, Esq. 
Dighton, . . . Mr. Edward Shove. 
Tiverton, . . Mr. Thomas Manchester. 
Altleboi'u, . . Capt. Joseph Brown. 
Norton, . . . George Leonard, Esq. 
Dartmouth, . . Capt. John Akin. 
Freetown, . . Mr. Thomas Gage. 



County of York. 
York, .... Col. John Harman. 
Kittery, . . . Capt. Stephen Eastwick. 
WclU, . . . Mr. Samuel Stuart. 
Denoick, . . Mr. James Grant. 

Dukes County. 
Edgar Town, . Mr. Benjamin Smith. 

In tiik Island of Nantucket. 

Sherburn, . . George Bunker, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirty-first Day of May, A.D. 1727. 



CHAPTER 1. 

RESOLVE ALLOWING THE CO. TREAS^ OF PLYMOUTH HIS ACCt. 

An Accompt presented by Cpt. John Dyer, Treasurer of the County Legislative 
of Plymouth for the Year 1726, Which being laid before the Court of couSxm'.r 
General Sessions of the Peace for the said County, & by them examined ^ 



& allowed ; House Jour- 



Read & Accepted & 

Ordered that this Accompt be allowed. [^Passed June 1. 



nal, p. 



CHAPTER 2. 

RESOLVE ALLOWING THE CO. TREAS^^ OF BRISTOL HIS KQG^. 

An Accompt presented by Cpt. William Throop Treasurer of the Legislative 
County of Bristol for the Year 1726, Having been laid before the Court couucii^ xiii.*! 

of General Sessions of the Peace for the said County, & b}' them ex- 3i7^ 

amined & allowed ; House Jour- 

Read & Accepted & °'^ '^'' " 
Ordered that this Accompt be allowed. [.Passed June 1. 



CHAPTER 3. 

RESOLVE ALLOWING THE CO. TREAS« OF BARNSTABLE HIS ACC^. 

An Accompt presented by M"^ P^benezer Lewis Treasurer of the Legislative 
County of Barnstable for the Year 1726, Having been laid before the counc'if, xiii*!^ 

Court of General Sessions of the Peace for the said County & by them ^;^ 

examined & allowed ; House .Jour- 

Read & Accepted & °^^' ^'- ^• 

Ordered that this Accompt be allowed. [Passed June 1. 

[135] 



136 



Pkovince Laws {Resolves, etc.). — 1727. [Chaps . 4-G . ] 



CHAPTEK 4 



Legislative 
Records of the 
Council, xiil., 
317. • 

House Jour- 
nal, p. 8. 



RESOLVE ALLOWING THE CO. TREAS« OF HAMPSHIRE HIS ACC^. 

An Accompt presented by M"" Joseph Hawley Treasurer of the County 
of Hampshire for the Year 1726, Having been laid before the Court of 
General Sessions of the Peace for the said County & by them examined 
& allowed. 

Read & Accepted «fe 

Ordered that this Accompt be allowed. \_Passed June 1. 



CHAPTER 5. 



Legislative 
Records of the 
Council, xiii., 
318. Mass. 
Archives, xi., 
423. 

House Jour- 
nal, pp. 9, 41. 



ORDER ON THE PETITION OF SUNDRY INHAB^s OF MARSHFIELD IN 
REGARD TO A MEETING HOUSE. 

A Petition of Nathaniel Earns & sundry others Inhabitants of the 
Northerly Part of Marshtield, Shewing that they are at a great Distance 
from the Place of publick Worship in the said Town, that they have 
applied to the Town to set them off, but could not obtain Relief, that 
they have met together for the Worship of God in a private House, 
but there being three Hundred Persons tliat have attended there. No 
private House is sullicient for them, & therefore they have provided a 
Frame for a Meeting House, Praying that they may have Liberty to 
erect & build the said Meeting House and meet in it for the Worship 
of God. 

Read and 

Ordered That the petitioners Serve the Town of Marshfield with a 
Copy of this petition as soon as may be that they shew Cause if any 
they have on Thursday the fifteenth of this Instant June why the prayer 
of the petition should not be granted. {^Passed June 1.^ 



CHAPTER 6. 



Legislative 
Records of the 
Council, xiii., 
318. Mass. 
Archives, 
cxiii., 697. 

House .Jour- 
nal, p. 10. 



ORDER FOR ANNEXING LANDS TO ROCHESTER. 

A Petition of the Select men of the Towns of Rochester & Middle- 
borough, Shewing that there is a Tract of Land situate between the 
said two Townships, being Part of the Purchase commonly called the 
South Purchase, which is not as yet annexed to any Town as to the Juris- 
diction ; And therefore Praying that the same may be annexed to the 
Town of Rochester, to which it will ly most convenient. 

Read and 

Ordered That the prayef of the petition be granted and that the 
Land mentioned in the petition not as yet Annexed to any Town be & 
hereby is Annexed to the said Town of Rochester asto the Jurisdic- 
tion thereof only, and Accounted aspart of the said Town of Rochester 
for the future accordingly. [Passed June 2. 

» This date is accordina; to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 2. The petition was dismissed on June 1". — 
Legislative Records of the Council, xiii., 347. 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1727. 137 

CHAPTEE 7. 

ORDER ON LEICESTER PET"^^ TO SETTLE BOUNDARY LINE. 

A Petition of the Proprietors & Inhabitants of the Town of Leicester, Legislative 
Shewing that the Select men of the Town of Brookfield have hitely noti- councif, xHi!",® 
fied the Select men of Leicester to run or perambulate the Dividing 3i9. Mass. 
Line between the said Towns, & that in as much as the Time of Noti- cxiii.,\oo'. 



fication is so short as that the Proprietors of the Westerly Part of Mass. 
Leicester which borders on Brooklield, can not be seasonably apprized ^™!"^^''' 
thereof. And it is apprehended that the Select men of Brookfield design, House .loiir. 
under Pretence of a Line run & jMarks lately made by them, to encroach °''^'' P' ^'^' 
very much upon the Township of Leicester ; And for as much as the 
Boundaries between the Counties of Middlesex & Hampshire will be 
determined in a great Measure by the Rnnning of this Line, Therefore 
Praying that a Stop may be put to the Proceedings of the Select men 
of Brookfield for the present and until such Time as a Committee 
appointed by this Great & General Court for that Purpose may settle 
the true Line between the said Towns according to their respective 
Grants from this Court ; The Charge to be born as shall seem reason- 
able to the Court. 

Read and 

Ordered That this petition be referred to the next Session for further 
Consideration, and that in the Mean time the petitioners Serve the Town 
of Brookfield with a Copy of it, that they shew Cause on the second 
Wednesday of the said Session why the prayer thereof should not be 
granted, and the said Towns are not to run the Lines or Boundaries 
before that Time. [^Passed June 2. 



CHAPTER 8. 

RESOLVE ALLOWING £2. 12 TO EBEN^ POMROY. 

An Accompt presented by Ebenezer Pomroy Esq'' of sundry Charges Legislative 
occasioned by the Prosecution of Adijah Dewey for false Musters councff xUi^^ 
Amounting to the Sum of £3. 2. 319. 

[Read and] House Jour- 

Eesolved that the Sum of Two Pounds twelve shillings be allowed & prl^y^jace 
paid out of the publick Treasury to M"" Ebenezer Wright, to be by Laws, x., 593, 
him paid to the Accomptant Ebenezer Pomroy Esq'' in full Discharge ^^^'^^' ^°' 
thereof. \_Passed June 2. 



CHAPTER 9. 

RESOLVE ALLOWING £5 TO JOS. DOAN ESQ^. 

A Petition of Joseph Doan of Eastham Esq'' Shewing that in the Legislative 
Month of April 1717, he was informed that a Number of Men were coSucif xm''^ 
cast ashoar on the Back Side of Eastham, whereupon he seized & com- 320. Mass. 
mitted seven of them upon Suspicion of Piracy, And it afterwards ^^f^,^'^!!; 



proved that they were Part of the Widaus Crew, Commanded by ^^^ 
Samuel Bellamy, that the Petition'' attended at the Trial of the said Archives, 
Men as an Evidence for the King by Order of His Excellency, Praying House^our- 

nal, p. 10. 



138 



Province Laws (Besolves, etc.). — 1727. [Chaps. 10-12.] 



that he may be allowed by this Court for his Time & Expenee in the 
Affair. 

Read and in Answer to this Petition 

liesolved That the sum of Five pounds be allowed and paid out of 
the publick Treasury to the petitioner Joseph Doane Ksq' in full Satis- 
faction of the Services within mentioned. [Passed June 2. 



CHAPTER 10. 



ORDER ALLOWING TWO ACC^s OF THE CO. TREAS« OF SUFFOLK. 



Legislative 
Records of the 
Council, xiii., 
321. 

House Jour- 
nal, p. 13. 



Two AccoMPTS presented by Samuel Checklej^ Esq' Treasurer of 
the County of Suffolk, Having been presented by him to the Court of 
General Sessions of the Peace for the said County & by them examined 
and allowed ; They being for the Years 1725, & 1726. 

Read & 

Ordered that the said Accompts be Accepted & Allowed, Except the 
Article of Three Pounds charged the twelfth of April for Drawing of 
Warrants for Rates for twenty Towns, & sending them to the several 
Towns, Which is not allowed, but to be put to the Credit of the next 
Accompt. \_Passed June 6. 



CHAPTEE 11. 



ORDER ALLOWING THE C^ TREAS« OF MIDDLESEX HIS ACC^. 



Legislative 
Records of the 
Council, xiii., 
321. 

House Jour- 
nal, p. 13. 



An AccoMrT presented by Daniel Russel P^sq'' Treasurer of the 
County of Middlesex, Having been b}' him laid before the Court of 
General Sessions of the Peace for the said County and examined and 
allowed by the said Court. 

Read & Accepted & 

Ordered that the said Accompt be allowed. \_Passed June 6. 



CHAPTEE 12 



RESOLVE GRANTING THE PETITION OF DR^RS INHABITANTS OF MAL- 
DEN TO BE ANNEXED TO THE TOWN OF READING. 



Legislative 
Records of the 
Council, xiii., 
322. 

House Jour- 
nal, )). .'57 
(December, 
1726) ; p. 11. 



A Petition of Thomas Bancroft & Timothy Goodwin in Behalf of 
the Town of Reading, & William Green for him self & Thomas Upham, 
Richard Upham, Nathaniel Evans, David Green, John Walton, Samuel 
Evans, John Evans, Samuel Howard & Thomas Green, all of Maiden, 
Shewing that the said ten Persons of Maiden with their Families live 
so remote from the INIiddle of the Town, that they are under great In- 
conveniences & Diiliculties to attend the publick Worsliip there, & their 
Civil & Military Duties in the said Town & that they ly much nearer 
to Reading ; And therefore Praying that they may be set off from Mai- 
den & annexed to the Town of Reading, & that they may have & enjoy 
equal Privileges & Immunities with the present Inhabitants of the said 
Town ; The Line by which they would be set oft' to be as follows ; viz. 
Easterly on Boston & Reading Bounds, Southerly upon the fifth Range 



[1st Sess.] Puovince Laws {Resolves, etc.). — 1727. 139 

Line l)ctween the fourth & (ifth Division Lots in the; first Division, West- 
erly npon tlie Town of Sfonliani & Nortlierly on Rending within Half a 
Mile or less of Reading Meeting House. 

Read ^ together with the Answer of the Town of Maiden thereto, who 
have signified their Willingness to part with the said ten Familes ; And 
iu Answer thereto, 

Resolved that the Prayer of tlie Petition be granted, & that the said 
ten Families & their Estates be annexed to & accounted as Part of the 
Town of Reading for the future, according to the Line set forth in the 
Petition ; Any Law, Usage or Custom to the Contrary Notwithstanding. 
\_Passed June 6. 

CHAPTER 13. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT FORT MARY WITH DIVERS ACC™. 

A Muster Roll of the Garrison in His Majestys Service at Fort Mary Legislative 
at Winter Harbour, late under the Command of Cpt. Samuel Hinkes, c mi ncti^, xHL? 
Containing an Accompt of Wages due to them for their said Service 3-25. Mass. 
from Dec. 21. 1726, to April 1. 1727, Amounting to the Sum of £52 244.' ' ' '' 
Together with an Accompt of Fire Wood supplied by Richard Smith, jJass^ 
Amounting to £14. 16, an Accompt of Cord Wood supplied by Na- tlf^^^'uii' 
thaniel Duires, Amounting to £1. 8, & an Accompt of Work done at 243c. House ' 
the said Fort, by Pendleton Fletcher, Amounting to Eighteen shillings. Journal, p-io- 

Read and Accepted and 

Resolved That the sum of Fifty two pounds be allowed and paid out 
of the publick Treasury to the Officers and Soldiers born on the within 
Roll to whom the same is respectively due in full Discharge of the Wages 
thereof, and that the further Sum of Seventeen pounds Seven shillings 
be allowed and paid out of the publick Treasur}^ to the Accomptants 
or their Order iu full Discharge of the Several Acco" annexed to Said 
Muster Roll. \^Passed June 7. 



CHAPTER 14. 

ORDER ON JONA AVHITNEYS PET' »« fqR RETURN OF MONEY AND BOND 
UPON PERFORMANCE OF CONDITIONS. 

A Petition of Jonathan Whitney of Concord, vShewing that he pur- Legislative 
chased of Joseph Ball of Watertown a Lot in the South Township of councff xfiL^^ 
Turkey Hills lying contiguous to Lancaster & Groton, being the forty 32o. 
fifth Lot in Number ; Wliich the said Ball sold to the Petition'' before House Jour- 
he had performed the Condition of the Grant, And by reason of the province 
late War the Petitioner has not yet fully performed the said Condi- Laws, ix., 696, 
tion, though he is proceeding therein & hoped fully to accomplish it ' ' ' 
in a short time. That the Committee of this Court for the said Towns 
have declared the Lands forfeited, but have since upon the Petitionei's 
paying Five Pounds, & giving Security for the Payment of Thirt}' five 
Pounds more to the said Committee, they have reconveyed tlie said Lot 
to the Petitioner, Praying the Order of this Court to the said Committee 
to return him his IMoney & Bond upon his Fulfilling the Conditions of 
the said Grant in such convenient Time as shall be allowed him. 

> First considered in December, 1726, and then referred to the next May session. — 
House Journal, p. 57 (December). 



uo 



Province Laws {Resolves, etc.) . — 1727. [Chaps. 15-17.] 



Read & 

Ordered that the Petitioner forthwith serve the Committee appointed 
to grant out AUotni" & admit Settlers in the said Township with a Copy 
of the Petition, that they shew Cause on Monday the twelfth Day of June 
Currant, Why the Prayer thereof should not be granted. \_Passed June 7. 



CHAPTEK 15. 



ORDER GRANTING PETITION OF MARTHA RINDGE TO MARRY. 



Legislative 
Records of the 
Council, xiii., 
329. 

House Jour- 
nal, p. 22. 



A Petition of Martha Rindge of Ipswich, Shewing that in the Month 
of July 1724, her late Husband Daniel Rindge, being out on a Fishing 
Voyage with John Caldwell & others at a Place called the Seal Islands 
near Penobscot Bay, as they were fishing at Anchor, they were sur- 
prized by an Indian Privateer Scooner, who boarded them & took the 
Petitioners Husband with the Rest of the Company, & in all Probability 
killed them all, that the Petitioner is left with several small Children 
& in poor Circumstances, & has now an Opportunity of advancing her 
Circumstances in many respects by ^Marriage to one .John Wood of 
Ipswich, And for as much as the three Years stated by Law are not 
fully expired, Therefore Praying the Licence of this Court to inter- 
marry, the said Law Notwithstanding. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the 
Petition'' have Liberty to intermarry accordingly An}' Law Usage or 
Custom to the Contrary Notwitiistanding. \_Passed June 10. 



CHAPTEE 1(3. 



Legislative 
Records of the 
Council, xiii., 
3-29. 

House Jour- 
nal, p. 25. 



RESOLVE ALLOWING £8. 8. U TO DANIEL POWNING. 

An Accompt presented by Daniel Powning, Keeper of the Powder 
House of Expence for Coals, Candles, Wages of AVatch men. Repairs 
of the House together with his Salary for the last Year, as also the 
Storage of the Merchants Powder, Ball" due to the Accomptant being 
£8. 8. 11. 

[Read and] 

Resolved that the Sum of Eight Pounds eight shillings & eleven pence 
be allowed & paid out of the publick Treasury to the Accomptant Daniel 
Powning in full Discharge of the within Accompt, Ending the iirst Cur- 
rant. \_Passed June 12} 



CHAPTEK 17 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR SELLING 
LAND NEAR BRIDGWATER. 

Records of the Paul Dudley Esq'^ from the Committee of both Houses appointed 
Council, xiii., ^ impowered to sell a Tract of Province Land near Dorchester &, 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 10. 



chap. 1(34. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727. 141 

Bridgwater & bordoriiii;' on the Province Line, gave in the following House Jour- 
Report; viz, ^ ^/^Ij^fl- 

111 Obedience to an Order of the (Jrcat & Cieneral Court at their Ses- f>:>ws, x., 489, 
sions Novem"^ 1724, hereto annexed, The Committee therein named have 
made Sale of the said Parcel of Land containing about Two Hundred 
Acres unto Robert Howard, Ephraim Fobes & Joseph Snell the Peti- 
tioners (according to the Order of the said Court) for the Sum of Two 
Hundred Pounds ; with an Accompt of the Charge, & have paid in the 
Neet Produce ; viz. One Hundred & ninety Pounds eleven shillings to 
IVP Treasurer Allen, as will appear by his Receipt hereto also annexed, 
who has also the particular Accompt. 

In the Name & by Order of the Committee Paul Dudley 

Read & 

Ordered that this Report be Accepted, & 

Resolved that the Commissioners the Accomptants be & hereby are 
discharged of the Accompt of the Sale of the said Lands, The neet Pro- 
ceeds whereof being One Hundred & ninety Pounds eleven shillings. 
\_Passed June 12. 



CHAPTEK 18. 

RESOLVE ALLOWING £19. 5 TO THO. HOAVLAND. 

A Petition of Thomas Howland of Marshfield, Shewing that in the Legislative 
Month of May last his House was burnt & almost all that he had in it couucKxiii'!® 
consumed in the Flames, Particularly, Nineteen Pounds five shillings in 330. 
the Bills of Credit on this Province, Praying that he may be allowed House Jour- 
the said Sum out of the publick Treasury ; The Petitioners Testimony "''*!' p-'^o- 
together with his Wifes & Daughters relating to the Premisses made 
before a Justice of the Peace accompanying the said Petition. 

Read [and Accepted] & 

Resolved that the Sum of Nineteen Pounds five shillings be allowed 
& paid out of the publick Treasury to the Petitioner Thomas Howland 
in Answer thereto. \_Passed June 12. 



CHAPTER 19. 

ORDER ON THE PETITION OF STEP. BARKER & OTHERS IN METHUEN 
FOR REMOVAL OF A MEETING HOUSE AND REIMBURSEMENT OF THE 
PETITIONERS. 

A Memorial of Stephen Barker & Daniel Bodwell in Behalf of them Legislative 
selves & nineteen other Inhabitants of the Town of Methuen, Shew- ^^o^'.*??'*?.!''^ 

mg that whereas this Court were pleased to Order that their Meeting 33(x 

House should be placed at the Southerly End of the Hill called Meet- House Jour- 
ing House Hill, the Petitioners desired the Select men of the said Town ^"Jj^i'^p. lobf' 
to call a Meeting of the Inhabitants in Order to lay before them the chap! 266. 
Order of the General Court, but they refused to call a Meeting, so that 
the Petitioners were obliged to apply to a Justice of the Peace, who 
granted a Warrant accordingly. That at the Meeting so called, the Peti- 
tioners read the Order of the Court for removing the Fi-ame of the Meet- 
ing House & erecting it in the Place aforesaid ; And then and at sundry 
other Times the Petitioners moved that the Inhabitants would comply 
with the said Order, but to no Effect, That they not only neglected to 
obey the Authority of the Court, but Voted tha\ the Frame should be 



142 



Province Laavs {Resolves, etc.). — 1727. [Chaps. 20, 21.] 



covered at the Cost of the Town at the Place where they had first erected 
it; And therefore Praying that this Court would take effectual Order 
that the said Meeting house may be removed to the Place before ap- 
pointed, & that the Petition" may be reimbursed the great Expence 
they have been at in this Affair, or that they may have such other 
Relief as to this Court shall seein fit. 

Read & 

Orde7-ed that the Petitioners serve Asa Swan, Thomas Whitter, John 
Bailey, P^benezer Barker and Daniel Bodwell Selectmen of the Town 
of Methuen for the Year 1726, Robert Swan ^Moderator of the Town 
Meeting held the eighth of Febry. tt seventh of March last & William 
AVhittier Town Clerk of the said Town of Methuen with a Copy of this 
Petition ; And they, viz, the said Select men &c be & hereby are directed 
to appear before this Court on Thursday the fifteenth Day of June Cur- 
rant, That they then shew Cause, if an}? they have, why they & the said 
Town of Methuen have not obeyed tlie Order of this Court respecting 
the Placing the Meeting House in said Town. \^Passed June 12. 



CHAPTER 20. 

ORDER IMPOWERING PETER LUCE ATTORNEY TO AAR. STUCKEY TO 

PROVE A DEBT. 



Legislative 
Records of the 
Council, xlii., 
331. 

House Jour- 
nal, p. -23. 



A Petition of Peter Luce Attorney to Aaron Stuckey of the Island 
of Fayal Merchant, Shewing that the said Stuckey is a Creditor to 
the Instate of Coll. Gjdes Dyer Dec'' now under the Management of 
M" Mary Dyer the Administ'' That he has lived at Fayal for the Space 
of six Years, so that he is entirely unacquainted with the Management 
of the said Estate Which is the reason that he has not entered his Claim 
with the Commissioners within the Time limited. And for as much as 
the Debt owing from the said Estate to M"" Stuckey (viz, to the Amount 
of Four Hundred Pounds, as may be made to appear) is the most of 
what he has to depend upon for his Support, Therefore Praying that 
the Petitioner as his Attorney may have Liberty now to give in «& make 
out his Claim, And that the Judge of Probate for the County of Suffolk 
may be ordered to receive the same, & that he have equal Benefit with 
other Creditors in proving his Debt and being allowed his rateable Part 
and Proportion of the said Estate. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioner Peter Luce as Attorne}'^ to the said Aaron Stuckej- be allowed 
to prove his Debt & Claim to the Estate of the said Gyles D^-er Dec** 
And the Judge of Probate of Wills & Granting Letters of Adminis- 
tration in the County of Suffolk is hereby impowered & directed to 
receive the same accordingl3^ Any Law, Usage or Custom to the Con- 
trary Notwithstanding. \_Passed June 12. 



CHAPTER 21. 



RESOLVE ALLOWING £18 TO PETER "WALTON. 



Legislative 
Records of the 
Council, xiii., 
332. 



A Petition of Peter Walton, Shewing that he was employed in 
delivering out the publick Stores to the Soldiers at Casco Bay by 
Order of M"' Edmund Mountforth from Decem'^ 1725, to the Time of 



[1st Sess.] Province Laws (Besfolves, etc.). — 1727. 143 

the Katificutiou of the Pence with the Indians at Fahnouth, Praying {j^gi^^iativ^ 
such an Allowance for his said Sei-vice as to this Court siuill seem couDcii.xiii., 

mPP<- 1*^- House 

"^t;*- ^- Journal, pp. 20, 

Read & 21. 

Resolved that the Sum of Eighteen Pounds be allowed & paid out 
of the publick Treasury to the Petition' Peter Walton in full Satisfac- 
tion of the Services herein mention'd. [Passed June 12. 



CHAPTER 22. 

RESOLVE ALLOWING £3L 10 TO ZECH-^ TRESCOT. 

An Accohpt presented by Zechariah Trescot Keeper of His Majestys ]^®§^^®}^"^f ^^^^ 
Goal in Boston of the Charge of Keeping sundry Indians from the sixth councif.xiii., 

of Decem' last to this Time, & for Dieting George Condick a Person '^^ . 

condemned for Piracy but reprieved till His Majestys Pleasure might House Jour- 
be known, Amounting to the Sum of £38. 9. 10. ' ' * 

[Read and Accepted and] 

Resolved that the Sum of Thirty one Pounds & ten pence be allowed 
& paid out of the publick Treasury to the Accomptant Zechariah Trescot 
in full Discharge of the said Accompt in the several Articles thereof. 
\^Passed June 13. 

CHAPTER 23. 

RESOLVE ALLOWING £3. 5 TO D^- JOHN KITTERIDGE AND £10 ANNUALLY 
FOR SEVEN YEARS TO NOAH JOHNSON. 

A Petition of Noah Johnson of Dunstable, Shewing that in the late Legislative 
Ught with the Indians at Pigwacket under Cpt. Lovewell he received councif, xm!!^ 

Wounds in both his Hands which have rendered him uncapable of 333^ 

labouring; for his Support, that his Surgeons Bills for his late Adminis- House Jour- 
tration amounts to the Sum of £3. 5 Praying that the same may be "''' " 
discharged out of the publick Treasury & that in Consideration of his 
present distress'd Condition, this Court would please to grant him such 
an Annual Pension for his Support as to their Goodness shall seem fit. 

Read & In Answer to this Petition, 

Resolved that the Sum of Three Pounds five shillings be allowed & 
paid out of the publick Treasury to D'' John Kitteridge to discharge his 
Accompt for Medicines &c administer'd to the Petitioner Noah John- . 
son, And further that the Sum of Ten Pounds be annually allowed & 
paid out of the publick Treasury to the Petitioner for & during the 
space of seven Years (if he live so long) in Consideration, of the 
Wounds received in the Service of this Province, as is particularly set 
forth in the Petition. [^Passed June 13. 



CHAPTER 24. 

ORDER ON THE 2" PETITION OF THE COMMITTEE FOR BELLINGHAM 
IN REGARD TO THE TOWN BOUNDARY. 

A Petition of John Darling, John Thomson, & Jonathan Draper a Legislative 
Committee of the Town & Proprietors of Bellingham, Praying that the councif xni!^^ 

334. 



144 



Province Laws {Resolves, etc.). — 1727. [Chap. 25.] 



Legislative 
Records of tlie 
Council, xiii., 
'ii'l. House 
Journal, p. 26. 



Vote pass'cl on their fonnei' Petition the sixth Currant' may be re- 
considered & that tlie Town of 'NV^rentham may be lujtiOed to shew 
Cause why the true Line between that Town & the Town of liellingham 
may not be made certain according to their Original Grants & also 
that the thirteen Families set off to Bellingham by an Order of this 
Court in the Year 1719, be still continued there. 

Read & 

Ordered that the Petitioners serve the Town of Wrentham with a 
Copy of these two Petitions, that they shew Cause on the second 
"Wednesday of the next Session of this Court why the Prayer thereof 
should not be granted, And that the Justices of the Superiour Court 
be impowercd & directed, if Occasion should be, to continue over the 
Action refer'd to in the said Petitions, to be heard at Boston in August, 
to the then next Term of the said Court in the County of Suffolk. 
\_Passed June 13. 



CHAPTER 25 



Iiegislative 
Records of the 
Council, xiii., 
335. Mass. 
Archives, 
cxxiii., 347. 

House .Tour- 
nal, p. 17. 



VOTE ALLOWING TREAS» ALLENS GENERAL ACC^. 

The Accompt of Jeremiah Allen Esq' Treasurer &, Receiver General 
of the Province of the Massachusets Bay in New England, Beginning 
May 26. 1726, & Ending May 31. 1727, Amounting to the Sum of One 
Hundred & forty three Thousand nine Hundred & fifty four Pounds 
seventeen shillings & ten pence half peny. Having been presented & 
laid before the House of Represent'*^' & inspected by said House ; Bj' 
which it appears that there was outstanding the thirty first of May 
1727, Eleven Thousand four Hundred & seven Pounds five shillings 
& ten pence of the Taxes, Thirt}' seven Thousand &. five Hundred & 
ninet}' four Pounds fifteen shillings of the ioO,000 Loan, Forty four 
Thousand seven Hundred and forty three Pounds six shillings and 
eleven pence Neet Province liills further to be accompted for; 

Voted That the said Accompts in the Several Articles and Payments 
therein mentioned Amounting to the Suiii of Fifty Thousand Two Hun- 
dred and Nineteen pounds, ten shillings and One penny half penny be 
and hereby are allowed off, and the said Treasurer is hereby discharged 
of the "said Siim of Fifty Thousand Two hundred and Nineteen pounds, 
ten shillings and One penny half penny Accordingly.'- [^Passed June 13 J^ 

» " A Petition of John Darling & others Selectmen of the Town of Bellingham, Shewing 
that the Select men of Wrcnthaiu have .'^ucd them for not perambulating the Line between 
the said Towns when called to that Service, That the Petitioners are very ready to comply 
with the Law in that respect, but their Town is now, being lately taken off from Dedhani, 
& no true Line ever yet run between the said Towns, That the Petitioners met the Select- 
men of Wrentham, but finding that, instead of running a due North & South Line, which 
is according to Dodliam Grant, they varied much to the Westward, which the Petition" 
apprehending would take off from their Town three Hundred Acres of Land, they refused 
to proceed; And therefore Praying that this Court would appoint a Committee of able & 
disinterested Persons to settle the said Boundary, or otherwise to grant them Relief. 

In Council; Read & 

Ordered that the Petitioners forthwith serve the Town of Wrentham with a Copy of this 
Petition, And that tlicy give in their Answer thereto, If they see Cause, on Fryday the six- 
teenth, of this Instant June 

In the House of Representees Read & Non Concur'd." — Legislative Records of the Coun- 
cil, xiii., 322. 

5 The House Journal reads, " That the said Accompts, in the several Articles of Receipts 
and Payments therein mentioned, be and hereby are allowed of, and the said Treasurer is 
hereby discharged of the said Accompts accordingly." 

' This date is according to Mass. Archives ; "according to Legislative Records of the 
Council the date is June 14. 



[1st Sess.] Provinck Laws (liesolves, etc.). — 1727. 145 



CHAPTER 26. 

ORDER IMPOWEFvING JOSIAH & HANAH WILLARD TO MAKE PARTITION 

OF LANDS. 

A Petition of Josiali Willard Esq"" & Hannah his Wife, Shewing that Legislative 
M'' William Clark late of Boston Mei'ch' Dec*^ (former Husband of the councif, xiii.!^ 
said Hannah) together with Benjamin Lynde, Addington Davenport, •'^•^*'- 



Thomas Fitch, Jonathan Belcher Paul- Dudley, John Wainwright Escf' House Jour- 
& M"" John Caswell of Loudon were possessed of certain wast Lands "^ ' ^'" 
lying within the County of Hampshire between the Towns of Brook- 
field & Iladley, being one Tract of the Lands commonly called the 
Equivalent Lands, That the said William Clark left divers Children 
which he had by the Petitioner Hannah, to whom his Part of the said 
Land does by Law descend, that the Proprietors are desirous that a 
Partition be made of the said Lands, that so they may hold their own 
in Severalty, But for as much as the Heirs of the said William Clark 
are all Minors & no Person allowed by Law to act for them in such 
Partition ; Therefore Praying that Madam Mary Saltonstal (who is 
Guardian to all the said Minors) may be impowered on their behalf 
to join with the other Proprietors in dividing the said Lands which 
will prevent a considerable Charge that will accrue to the Estate of 
the said William Clark, if the Proprietors sh*^ bring their Writ of Par- 
tition against the said Guardian. 

Read & 

Ordered that the Prayer of the Petition be granted, Any Law, Usage 
or Custom to the Contrary Notwithstanding. \_Passed June 14. 



CHAPTER 27. 

ORDER FOR CALLING A TOWN MEETING AT HANOVER. 

Ordered That M'' Joseph Baistow a principal Inhabitant of the Town Legislative 
of Hannover be impowred and directed to Notifie and summon the c^^^^^^f °4ii^^ 
Inhabitants duly qualified for Voters to meet and Assemble for the 336. Mass. 
Choosing of Town officers to stand until the next Annual Election ^'ih\^T07! 
according to Law. [^Passed June 14. House -Tour — 

nal, p. 28. 



CHAPTER 28. 



RESOLVE ALLOWING £20 TO THE MINISTER AT BIDDEFORD. 

A Petition of the Inhabitants of the Town of Biddeford, Setting Legislative 
forth their thankful Acknowledgem' of the Favour of this Court in the councu xm^^ 
Grants which have been made to them with the Town of Arundel for 337. 
the support of the Ministry in the said Towns jointly. That they have House Jour- 
provided a Minister for them selves, & erected & almost finished a ^2!iil'v\(i 
Meeting House, but being very much impoverished by the Indian War, chap'. 29. 
so that they are not capable of supporting a Minister according to their ^"•^''"' ^^*^p--^- 
Desire, Therefore Praying that they may be exempted from paying any 
thing towards the Province Tax this Year & that they may be assisted 
in the support of their Minister. 



146 



Province Laws {Resolves, etc.). — 1727. [Chaps. 29-31.] 



Read & In Answer to this Petition, 

Resolved tliat tlie Sum of Twenty' Pounds be allowed & paid out of 
the publiek Treasury to Cpt. Samuel Jordan, to be by him repaid to 
the Minister the Town has called for his Encouragem' & towards his 
Support in the Gospel Ministry the Year Currant. \_Passed June 15. 



CHAPTER 29. 



RESOLVE ALLOWING £20 TO THE MINISTER AT ARUNDEL. 



Legislative 
Records of the 
Council, xiii., 
337. 

House Jour- 
nal, p. 30. 
Supra, cbap. 

2S. 



A Petition of the Inhabitants of the Town of Arundel acknowledg- 
ing the great Favour of this Court in the (Grants they have made from 
Time to Time for the Support of the Minister for tlie said Town & the 
Town of Biddeford jointly, And shewing that they have a Minister 
residing among them, & are about to build a Meeting House, but for 
as much as they are greatly reduced and impoverished by the Indian 
War, therefore Praying that they may be exempted from paying any 
thing towards the Province Tax this present Year, & that they may 
be assisted by this Court in the support of their Minister. 

Read & In Answer to this Petition, 

Resolved that the Sum of Twenty Pounds be allowed and paid out 
of the publiek Treasury to M"" Allison Brown to be by him repaid to 
the Reverend Minister the Town has called for his Encouragement and 
Support in the Gospel Ministry for the Year Currant. {^Passed June 15. 



Legislative 
Records of the 
Council, xiii., 
337. 

House .Jour- 
nal, p. 30. 



CHAPTER 30. 

RESOLVE ALLOWING £33 TO GREEN & KNEELAND. 

An Accompt presented by Bartholemew Green & Samuel Kneeland 
of Paper & Printing the Votes of the House of Represent'" in their 
Session Held in Novem"" last. Amounting to the Sum of £33. 

[Read and] 

Resolved that the Sum of Thirty three Pounds be allowed & paid out 
of the publiek Treasury to the Accomptants Bartholemew Green & 
Samuel Kneeland in full Discharge of the said Accompt. \_Passed 
June 15. 



CHAPTER 31 



RESOLVE ALLOWING £31. 8. 6 TO COLL. JOHN WHEELWRIGHT. 



Legislative 
Records of the 
Council, xiii., 
338. 

House Jour- 
nal, p. -21. 
Ante, p. 51, 
chap. 1-29. 



An Accompt presented by Coll. John Wheelwright of his Time & 
Expence in attending the Examination of Indians at AVinter Harbour 
in October last by Order of the Lieut. Governor & Council, Charge of 
a Guard to attend him, Time & Expence of the several Witnesses, 
Boat Hire &c, together with his own Attendance on His Honour the 
Lieut. Govern"' at the Ratification of the last Treaty at Falmouth, 
Amounting in the Whole to the Sum of £36. 8. 6. 

[Read and Accepted and] 

Resolved that the Sum of Thirty one Pounds eight shillings «S: six 
pence be allowed & paid out of the publiek Treasury to the Accomptant 
John Wheelwright Esq"" in full Discharge thereof. \_Passed June 15. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727. 147 

CHAPTER 32. 

RESOLVE ALLOWING £20. 17 TO CHAR. CHURCH ESQ». 

A Petition of Ch:irles Church Esq' Sheriff of the County of Bristol, ^^,^0^^"^^ ^i^ 
Shewing that in the Month of May 1721, Pursuant to a Warrant from Council, xiii., 

the Clerks of the Peace for the said County, he impressed twelve Men '"^^ . 

& Horses & proceeded to Tarpaulin Cove to take into his Custody a ^^^^27^" 
certain Ship br<jught in there by Cpt. Benjamin Norton, the Charge 
whereof (Amounting to the Sum of £23. 9) is contained in the an- 
nexed Accompt, Praying that the said Sum may be allowed to him 
out of the publick Treasury. 

Read [and Accepted] & 

Resolved that the Sum of Twenty Pounds seventeen shillings be 
allowed & paid out of the publick Treasury to the Petitioner Charles 
Church Esq"^ in full Discharge of the said Services. \_Passed June 15. 



CHAPTER 33. 

OltDER IMPOWERING JOHN QUINCY ESQ TO ACT AS GUARDIAN OF THE 
PUNCAPAUG INDIANS. 

A Petition of Amos Ahanton & other Indian Inhabitants of Puuca- Legislative 
paug, Praying that John Quincy Esq"" may be fully authorized & im- councff xm'^^ 
powered to take Care of them & of their Interest & to protect them 339. Mass. 
from being injured & imposed upon by their Neighbours, & to regu- xxx^Jils. 
late & manage their Estates for Reasons mentioned in the Petition.^ House Jour- — 

Read & nal, p. 36. 

Ordered that the Prayer of this Petition be so far granted as that 
John Quincy Esq'' be & hereby is fully Authorized & Impowered as 
a Guardian or Overseer of the Indians of Puncapaug to take Care 
of their Estates & Interests & to prosecute such as may commit any 
Trespasses on their Lands. [^Passed June 16.^ 



CHAPTER 34. 

ORDER FOR ADJOURNING THE COURTS IN THE COUNTY OF PLYM". 

Whereas the Court of General Sessions of the Peace & Inferior Legislative 
Court of Common Pleas are by Law appointed to be held & kept at councff xm!^® 
Plymouth within & for the County of Plymouth on the third Tuesday 340. 
of June Currant, And several of the Members of the said Coux'ts & House Jour- 
others concerned are Members of this Court ; Provinct" 

Ordered that, in Consideration of the present Sitting of the General Laws, i., 284; 
Court, the Justices of the said Courts are directed to adjourn the said ■ ' ^ ^^" ^" 
Courts to the third Tuesday in July next ; Any Law, Usage or Custom 
to the Contrary Notwithstanding. \_Passed June 16. 

1 "That whereas some of our english Neighbours are too ready to Incroach upon our 
Timber, and our wood, cutting it down to make coal with, and damnifying us greatly 
thereby." — Mass. Archives, xxxi., 143. 

'^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 15. 



148 



Province Laws {Resolved, etc. ) . — 1727. [Chaps. 35, 36.] 



CHAPTER 35. 



Legislative 
Records of the 
Couufil, xili., 
257, 340. 

House Jour- 
nal, p. 31. 



ORDER IMPOWERING THOMAS BARDEN TO FILE REASONS FOR AN 
APPEAL FROM A JUDGEMENT ON A BOND, NOTWITHSTANDING THE 
DEATH OF HIS CODEFENDANT NATHANIEL JOSLYN; IN DEFAULT OF 
PROSECUTING HIS APPEAL COMPLAINT TO BE ALLOWED BY THE 
PLAINTIFF. 

A Petition of Thomas Barden of Scituate in the Couuty of Plym- 
outh, Shewing that at the Infei'ior Court for the said Couuty held in 
June last he put in Suit a Bond of Nathaniel Joslyn of Scituate & 
Josiah Foster of Pembroke & recovered Judgement against them for 
£50. 15 Debt & £3. 13 Costs of Suit, From whicli Judgement the De- 
fendants appealed to the next Superior Couit for the said Couuty ; 
Since which Nathaniel Joslyn one of the Apellants is deceased, so 
that the Petitioner has lost the Benefit of his Judgement & Costs, 
Praying that he may be impowered by an Order of this Court to take 
his Bond out of the Clerks Office of the luferiour Court & put it in 
Suit a new. 

Read & 

Ordered that the Defendant Josiah Foster be impowered to file his 
Reasons of Appeal from the Judgement of the Inferior Court within 
mentioned to the next Superiour Court of Judicature to be held at 
Plymouth within & for the County of Plymouth, And the Justices of 
the said Superior Court are hereby impowered & directed to Hear & 
Try the same. And that no Advantage be taken against the said Josiah 
Foster by reason of the Death of the said Joselyn ; And in Case the 
said Josiah Foster should not see Cause to prosecute the said Appeal, 
then it shall be lawful fof the Petitioner Thomas Barden to file a Com- 
plaint against the said Josiah Foster for not Prosecuting the said Ap- 
peal, at the Superior Court of Judicature next to be holden at Plymouth 
within & for the County of Plymouth, And the Justices of the said Court 
are hereby impowered & directed to hear the said Complaint, enter up 
Judgem' & award Execution against the said Josiah Foster accordingly ; 
Ancf the Petitioner is Ordered to serve the said Josiah Foster with a 
Copy of this Petition & Order thirty Days at least before the Sitting 
of the said Court ; Any Law Usage or Custom to the Contrary Not- 
withstanding. [^Passed Jane 16. 



CHAPTER 30. 



Legislative 
Records of the 
Couucil, xUi., 
341. 

House Jour- 
nal, p. 33. 
Province 
Laws, X., 702, 
chap. 352. 



RESOLVE ALLOWING £15 TO JOS. DIMMOCK. 

A Petition of Lieut. Joseph Dimmock of Barnstable, Setting forth 
his thankful Acknowledgem' of the Favour of this Court in the Grants 
made to him in Consideration of his AVounds received from the Indian 
Enemy at Norridgewock, that he is still much disabled from labouring 
for the support of him self & Family by reason of the said Wounds, 
so that he is in great Straits & Difficulties, Praying the further com- 
passionate Consideration of this Court & that something may be allowed 
him for his Relief. 

Read [and Accepted] & 

Resolved that the Sum of Fifteen Pounds be allowed & paid out of 
the publick Treasury to the Petitioner Joseph Dimmock in full of the 
Loss of Time & Mis'fortunes he has sustained by reason of the Wounds 
within mentioned. \_Passed June 16. 



[1st Sess.] Province Laws (liesolves^ etc.). — 1727. 149 



CHAPTER 37. 

ORDER APPOINTING TRUSTEES FOR M'* ELLIOTS LEGACY TO JAMAICA 

PLAIN SCHOOL. 



A Memorial of J()sei)h Weld of Roxbury Yeoman, Shewing tliat ^^(;,\^'f 'Jj^^^ 
the Rev'^ M' John FAUot of Roxbury, by his Deed duly executed and coum'ir.xiii.,*^ 
recorded, bearing Date the 10"' Day of July 1689, granted & bestowed 'f%J^'^l^- 
on the School at Jamaica Plain in the said Town several Pieces of Land iviii., 201' 
to be improved for the Advantage of the Children in that Part of the Mass. 
Town, & accordingly nominated & appointed the Memorialists Father ^.[fj^'^lf.' 
with sundry others of Roxbury and their Heirs Male, Trustees to man- House .Jour- 

n^l T)D 31 32 

age the said Lands for the Purposes aforesaid ; But so it is that there ' •^'' ' 
now remain none of the Trustees nor their Heirs alive. Excepting the 
Memorialist that can manage the said Trust ; And therefore Fraying 
that this Court would please to appoint three other Persons to join 
with him in the said Trust, & that they may be fully impowered to fill 
up any Vacancy that may from Time to Time happen among them by 
Death or in any other Way. 

Read and 

Ordered That the prayer of this Memorial be granted, and that 
Nathaniel Brewer Jun"^ Caleb Stedman and John Weld Jun"^ be Joyned 
with the Memorialist to whom the Trust within Mentioned is Committed 
to all Intents & purposes according to the true Meaning of the Donor, 
and that the aforesaid. Trustees or the Major part of them have power 
to fill up any Vacancy that may happen among them by Death or other- 
wise any thing in the aforementioned Deed or Grant of the Rev*^ M'' 
John Eliot Deceased or any Law Usage or Custom to the Contrary Not- 
withstanding. \_Passed June 16. 



CHAPTER 38. 

RESOLVE ABATING £40 OF THE TAX TO THE TOWN OF MIDDLEBORO. 

A Memorial of the Select Men of the Town of Middleborough in Legislative 
behalf of the said Town, Setting forth that they have laboured under councif, xiii.,^ 
the afflicting Hand of God the Year past in a very grievous Sickness, 343. Mass. 
by which great Numbers among them have been carried off, & most of cxiu., 692'. ' 
the Survivors visited therewith, & so weaken'd & disabled, that they Mass. '~~ 
have not been capable of following their Business for a considerable A':?!"^.^?' 

~ cxiii. 691. 

Time, so that their Husbandry has been neglected & the People greatly House Jour- 
impoverished, And therefore Praying the compassionate Consideration ^De,?ember 
of this Court that they receive such Bounty & Charity as other Places 1726); p. 35. 
in the like Distress have done. Laws, n., 444. 

Read again ^ and the House having taken the late Distressed State 
of the Town ot Middleborough into Serious Consideration for their 
Relief 

Resolved That the Sum of Forty pounds be Abated out of the Tax 
for this present year to the Town of Middleborough, and that the 
Assessors of that Town deduct the same from those persons and those 
only in the Constables Rate Bills as are poor and have been Afflicted 
with the late Distressing Sickness in that Town According to their best 
Discretion, \_Passed June 16. 

■ First read in December, 1726, and then referred to the next May session. 



150 



Province Laws {Resolves, etc.). — 1727. [Chaps. 39, 40.] 



CHAPTER 39. 



ORDER ON JOHN CRISDES PETITION VACATING A JUDGMENT AND 
ORDERING EXECUTION IN FAVOR OF THE PETITIONER FOR £78. 4. 2, 
DUE ON CROSS JUDGMENTS. 



Legislative 
Records of the 
Council, xiii., 
344. 

Legislative 
Records of the 
Council, xiii., 
331. House 
Journal, pp. 
40, 41. 



It appears that the Petitioner .John Crisde is possessed of a Judge- 
ment & Execution against tlie Estate of Samuel Banister (by Assignm' 
from John Gaud) for the Sum of Thirty live Pounds eight shillings & 
two pence, & an other Judgement & Execution thereupon against the 
Estate of Sarah Banister Dec'' in the Hands of the said Samuel Banister 
( as the Petitioner is Adminisf to the Estate of Thomas Banister a 
Minor Dec*^) for the Sum of Niuet}' eight Pounds two shillings &. three 
pence ; Amounting in the Whole to One Hundred & thirty three Pounds 
ten shillings & five pence ; And that M''* Frances Banister (as Attorney 
to the above mentioned Samuel Banister) has recovered Judgement 
against the said John Crisde for the Sum of Fifty live Pounds six shil- 
lings & three pence, & no more, And Execution thereupon has been 
issued & the Petitioners Body being taken in Execution, he has given 
Security to satisfy the same ; so that the Ballance of the said several 
.ludgements is Seventy eight Pounds four shillings & two pence, due 
from the said Samuel Banister to the Petitioner ; Therefore 

Ordered that the Judgement of the Superior Court of Judicature given 
for the said Samuel Banister against the Petition'' for Fifty five Pounds 
six shillings & three pence be & hereby is Vacated & rendered Null & 
Void, & that the Sheriff of the County of Suffolk forthwith discharge 
the Petition" Security for satisfying the Execution issued thereon ; 

And further 

Ordered that the abovesaid Sum of Fifty Pounds six shillings & three 
pence be struck off from the Judgements obtained by tiie Petitioner 
against the said Samuel Banister as abovesaid. And tliat Execution be 
issued against the Instate of the said Samuel Banister for Sevent}' eight 
Pounds four shillings and two i)ence (which is tlie just Ballance of the 
said several Judgements) Any Law Usage or Custom to the Contrary 
Notwithstanding. \_Passed June 17. 



CHAPTER 40. 

ORDER DISCHARGING STEPHEN BARKER & DAN'-'- BODWELL OF ME- 
THUEN FROM CONTEMPT OF THIS COURT, AND DIRECTING REMOVAL 
OF A MEETING HOUSE. 



Legislative 
Records of the 
Council, xiii., 
345. 

House Jour- 
nal, p. 39. 
Ante, p. 141, 
chap. 19. 



On the Petition of Dan" Bodwell & Stephen Barker \_ante, p. 141, 
chap. 19] 

This Petition being Yesterday read together with the Answer of 
Asa Swan, Thomas Whittier, John Bailey Select men, "William Whit- 
tier Clerk, Robert Swan Moderator of the Town Meetin* & James Davis 
the other INIoderator, And the Parties being heard at the Board, 

It appears that the said Select men &c were guilty of a great Offence 
in disobe3nng & opposing the Order of this Court respecting the Place 
for setting their Meeting house on; But for as much as the said Asa 
Swan and the others above mentioned, by their Petition prefer'd this 
Morning, have humbly acknowledged their Offence & ask'd Forgive- 
ness of this Court, and promised a punctual Obedience to their Order; 
And it appearing that their Misconduct in this Affair was in a great 
Measure owing to their Ignorance, 



[1st Sess.] Province Laws [Besolvefi, etc.). — 1727. 151 

Ordered that thoir said Confession & Suljinission be Accepted and 
that they be dismiss'd in Expectation of their dutiful Behaviour for 
the Time to come, And further 

Ordered tliat the Inhabitants of the said Town of Methuen forth- 
with proceed to remove the Frame of the Meeting house to the Place 
appointed by this Court at their last Session, And that they cover & 
finish the Meeting House without Delay, And that the particular Charge 
of the Petitioners, Stephen Barker & Daniel Bodwell occasioned by this 
Application be added to the Rate of the Town of Methuen & reimbursed 
to the Petitioners ; M' Justice White, & M' Justice Saltonstall of Haver- 
hill having first examined & allowed the same. \_Passed June 17. 



CHAPTEK 41. 

ORDER GRANTING CPT. JOS. BROWN 100 ACRES OF LAND. 

A Petition of Cpt. Joseph Brown, Shewing that at the last Session Legislative 
of this Court be prefer'd his Petition, setting forth the particular Ser- councif xm^^ 
vices he has done in the Defence of his Country in the War against the 338, 346.' 



French, & that by the Hardships he then endured he is now rendered Legislative 
a Cripple & not able to supjiort him self; Upon wdiich Petition a Vote coundf, xiiil^^ 
pass'd the House of Represent"''' for granting him One Hundred Acres 2so. House' 
of Land, of the unappropriated Lands of the Province, Which Vote the °^™'* ' ^'' 
Board were pleased to Non Concur, Praying a Re-Consideration of the 
said Matter, & that this Court would please to grant him One Hundred 
Acres of Land for his said Services. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tion'' be allowed & impowered by a Survey"" & Chain men on Oath to 
survey & lay out One Hundred Acres of the unappropriated Land of 
this Province & to return a Plat thereof to this Court wdthin twelve 
Months for Confirmation, in Consideration of the Services done by the 
Petition'' for the Province. \_Passed June 17. 



CHAPTER 42. 

ORDER REFERRING TO THE NEXT SESSION THE PETITION OF NICHOLS 
AND ISAAC OLDHAM. 

A Petition of Abraham Booth of Pembroke, Shewing that the Peti- Legislative 
tion of Nathaniel Nichols & Isaac Oldham was served upon him bj^ a council^ xiii.,^ 
Copys being left at his House while he was abroad, so that he was not ^ 



apprized of it till the Day appointed for giving in his Answer And for House Jour- 
as much he has many material Things to alledge against the Prayer of ^ntel'-p. 125, 
the said Petition, & can not presently furnish him self with the Evi- ciiap.336. 
deuces & Records necessary for his i)efence. Therefore Praying that 
the Matter may be continued over to the next Sessions of this Court. 

Read & 

Ordered that the Consideration of the Petition of Isaac Oldham & 
Nathaniel Nichols be refer'd to the first Fryday of the next Session 
of this Court. \_Passed June 1 7. 



152 



Province Laws {Resolves, etc.). — 1727. [Chaps. 43-45.] 



Legislative 
Kecords of tlie 
Council, xiii., 
347. 

House Jour- 
nal, p. 37. 



CHAPTEE 43. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT FORT DUMMER. 

A Muster Roll of the Garrison late in Tlis Majestys Service at Fort 
Dummer under the Command of Cpt. Timotliy Dwight, Containing an 
Accompt of Wages due to them for their said Service from Decem"^ P' 
to Jan^ 8"' 1726, Amounting to the Sum of £19. 5. 7 together with the 
Subsistence of the said Men the said Time, Amounting to £26. 0. 11. 

[Read and Accepted and] 

Besolved that the Sum of Forty five Pounds six shillings & six pence 
be allowed & paid out of the publick Treasury to Cpt. Timothy Dwight, 
to be by him repaid to the Persons to whom the same is respectively 
due in full Discharge of the Wages and Sul)sisteuce thereof ; First 
deducting what has been advanced or supplied by M' Treasurer. 
\_Passed Jane 17. 



CHAPTER 44. 



RESOLVE ALLOWING £4 TO CPT. TIM'^ DWIGHT. 



Legislative 
Records of the 
Council, xiii., 
347. 

House Jour- 
nal, pp. 37, 38. 



An Accompt presented by Cpt. Timothy Dwight of Fire Wood sup- 
plied the Garrison at Fort Dummer together with his Time & Expeuce 
in riding P^xpress for the Service of the Governm' Amounting to the 
Sum of £5. 5. 

[Read and Accepted, and] 

Resolved that the Sum of Four Pounds be allowed and paid out of 
the publick Treasury to Cpt. Timothy Dwight in full Discharge of the 
said Accompt. \_Passed June 17. 



CHAPTER 45. 



VOTE FOR SUBSISTING THE INDIANS ON KEN^EBECK RIVER. 



Legislative 
Records of the 
Council, xiii., 
346. Mass. 
Archives, 
xxxi., 146. 

Legislative 
Records of the 
Council, xiii., 
346. House 
Journal, p. 42. 



Resolved That M'' Treasurer Allen be and herebj^ is dii-ected to 
Send asuitable^ Supply of provisions for the present Subsistence of the 
Indians now Assembled at Kennebeck River near Richmond Fort asum^ 
not exceeding Three hundred pounds, and that the Treasurer make 
what Dispatch may be in Sending the Same to Cap' Joseph Heath at 
Richmond Fort Who is hereby impowred to distribute the Same accord- 
ing to his best Discretion either by Selling or giving it as Occasion 
may be and agreable to His Honour the L' Gov" Order.- [^Passed 
June 19 S' 

1 Words run together in tlie MS. 

2 This resolve is not found in the House Journal, hut the Lieut. Governor's Message 
requesting the arrangement is found on p. 42, House Journal, 1727. 

3 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 17. 



[1st Sess.] Province Laws {Besolves^ etc.). — 1727. 153 



CHAPTEK 46. 

ORDER APPOINTING A COMMITTEE TO SURVEY LAND FOR RICH, 
WATERS & ELLIOT. 

A Petition of Samuel Rich, Richard Waters & Jonathan Elliot Shew- LeKisiative 
iug that they dwell on Part of a Farm called Miincliaug Farm which coundr.xiii/,^ 
WJis lately laid to Sutton, Contiguous to which is a Piece of Countrey ^l'^^?^^^^- 
Land adjoining to Munchaug Pond of the Contents (as the Petitioners xivi., 23. ' 
suppose) of One Hundred & fifty Acres (most of which is rough Land) Mass. 
Which lies convenient for the Petitioners & no other Person; And ^vf'^I^' 
therefore Praying a Grant of said Piece of Land upon reasonable Terms House Jour- 
(to accomodate them for Wood Land) And that some proper Persons i4o/ince 
may be appointed to survey the same, and return to this Court the true Lfuvs.^x., 318, 
Contents thereof. 

Read and 

Ordered That Majer John Chandler M' John Browne be a Committee 
to Survey the said Land and report to this Court at the Fall Session 
what the Value thereof may be in their Opinion. [Passed June 19. 



CHAPTEE 47. 

ORDER ON BRIMFIELD COMM^'^'^s PETITION FOR A RE-SURVEY OF LAND. 

On the Petition of the Committee for Brimfield [ante, p. 127, chap. Legislative 

nA-i-\ Records of the 

04 i J Coiincil,xiii., 

In the House of Represent™' Read together with the Answer to the 349^ 

said Petition & the Reply to the said Answer ; And the same being House Jour- 
duly considered; ^M^e'p. 1-27, 

Ordered that Coll. William Dudley & Major Thomas Tileston'e with ciiap. 34i. 
such as shall be joined by the Hon'''^ Board be a Committee to repair 
to the Town of Brimfield, & view the Lands surveyed & laid out to the 
late Hon''''' Wait Winthrop Esq' & report their Opinion as soon as may 
be. Whether it may be convenient That a Reform of the said Survey 
should be made ; And if it should be thought convenient, that a Reform 
of the said Survey should be made, that an Equivalent in Lands lying 
& being in the Township of Brimfield & adjoining to the Remainder of 
the Lands within the aforesaid Survey be made to the Heirs of the said 
Hon""'" Wait Winthrop Esq'' Deceased. 

In Council ; Read & Concur'd, And John Stoddard Esq'' is joined 
with the Committee of the House in the Affair aboves*^. \_Passed 
June 19 o 



CHAPTEE 48. 

RESOLVE ALLOWING £13. 17. 10 TO MAJOR CHANDLER & MAJOR LEONARD. 

An Accompt presented by Major John Chandler «fe Major George Legislative 
Leonard a Committee appointed by the General Court to apply to the councff xH^^^ 
Governm' of Connecticut for a Confirmation of Five Hundred Acres of 349. 
Land belonging to this Province, formerly granted to M'' John Collins, House Jour- 
of their Time & Expence in the said Affair, Amounting to the Sum of "^nlF'^hia 
£13. 17. 10. ciiap'.289. 

[Read and] 



154: 



Province Laws {Resolves, etc.). — 1727. [Chaps. 49, 50.] 



Resolved that the Sum of Thirteen Pounds seventeen shillings and 
ten pence be allowed & paid out of the publick Treasury to the Ac- 
comptauts to whom the same is respectively due in full Discharge 
thereof. [Passed June 19. 



CHAPTER 49. 



Legislative 
Records of tbe 
Council, xiii., 
349. 

House Jour- 
nal, pp. 43, 44. 
Ante, p. 126, 
chap. 338. 



ORDER IMrOWERING EDW» WHITE W" PAYNE & JN^ WINCHESTER 
GUARDIANS, TO SELL LANDS OF MINORS. 

A Petition of Edward White Guardian to the Children of Benjamin 
White Dec*^ William Payne Guardian to the Children of Hannah his 
late Wife Dec'^ & John Winchester Guardian to two of the Children 
(yet in their Minority) of Sarah his late Wife Dec"* Which said Benja- 
min White Sarah Winchester & Hannah Payne were Brother «fc Sisters 
of John White late of Boston Gent. Dec** Shewing that the said John 
White died seized in Fee & Intestate of One (Quarter Part of a Tract 
of Land lying in Common & Undivided in the AVesterly Parts of this 
Province commonly called the P2quivalent Lands, that there is a Num- 
ber of Persons ver^' desirous of purchasing Part thereof of the Peti- 
tionei'S & the other Owners and Proi)rietors in Order to obtain the 
Grant of a Township, Which will very much accomodate the Literest 
of the Petitioners & the other Pro[)rietors & very much advantage the 
said Minors, That unless some Part of the said Lauds be sold for the 
Purposes above mentioned, there will be no linprovem' made thereof, 
And for as much as the other Heirs of the said M"" White intend to 
make Sale of Part of their Eight in the said Lands for the Ends afore 
said, therefore Praying in behalf of the said Minors that this Court 
would be pleased to authorize & impower the Petitioners in their Ca- 
pacity aforesaid to make Sale of one Half Part of the Right & Literest 
of the said Minors or so much thereof as will accomodate the Persons 
minded to purchase the same for a Township, & to join with the other 
Owners in making such Sale, & to pass & execute good Deeds & Con- 
veyances in the Law for selling & confirming the Right & Interest of 
the said Children therein accordingly, their Minority Notwithstanding, 
the Petitioners to accompt for the Produce thereof to the .Judge of 
Probate, unto whom they have alread}' given suHicient Bonds with 
good Security to be ansAverable for all such Estate of the said Minors 
as shall come to their Hands. 

Read & 

Ordered that the Pra3'er of this Petition be granted. Any Law Usage 
or Custom to the Contrary Notwithstanding. [Passed June 19. ■ 



CHAPTER 50. 



RESOLVE ALLOWING £12 TO RICH'' CUTT, AND A FURTHER SUM OF £14. 



Legislative 
Records of the 
Council, xiii., 
350. Mass. 
Archives, 
lxxii.,2;6. 

Mass. 
Archives, 
Ixxii., 274. 
House .Tour- 
nal, p. 38. 



A Petition of Richard Cutt of Kittery, Shewing that in the Year 

1724, he went out as a Voluntier in Pursuit of the Indian Enemy on 
the Sea Coast Eastward under the Command of D"" George Jackson & 
in the Engagement he received a grievous Wound, that in the Year 

1725, this Court were pleased to allow him I^ighteen Pounds to pay 
D'' Jacksons Accompt of Attendance & Medicines, whereas he actu- 
ally paid the Doctor Thirty Pounds, that the Petition'' is by his Wound 



[1st Sess.] Province Laws {Resolves, etc.). — 1727. 155 

rendered unable to hiboiir for his .Support, Therefore Praying that this Province 
Court would grant him the Sum of Twelve Pounds to reimburse him chap^Vs/i! ^^' 
what he has paid D' Jackson, & grant him such other Allowance for -4n<e, p 21, 
his Support, as in their great Wisdom and Goodness they shall see 
meet. 

Read and Accepted and 

Mesoloed That the sum of Twelve pounds be allowed and paid out 
of the publick Treasury to the petitioner Richard Cutt to P^nable him 
to pay the Doctor for the Cure of his Wound, and that the further 
silm of Fourteen pounds be allowed and paid out of the publick Treas- 
ury to the petitioner in Consideration of his Loss of Time &'^ occa- 
sioned by said Wouud from November 1725. \_Passed June 19. 



CHAPTER 51. 

RESOLVE ALLOWING LIEUT. JOHN LARRABEE 6d PER WEEK PER MAN 
FOR VICTUALLING THE GARRISON AT CASTLE WILLIAM. 

A Petition of John Larrabee Victualler of the Garrison at His Legislative 
Majestys Castle William Shewing that the last Establishm' made by counc'if, xm!!^ 
the General Assembly for Victualling the said Garrison falls short of 35i. Mass. 
the Prices the Petitioner is obliged to give for Provisions besides his Lxxii.^ssi. 
Trouble, so that he is like to be a great Loser unless he may have mJ^^^^ ' 

Relief from this Court, Therefore Praying some additional Allowance Archives, 

Ixxii 2S0 

for his Victualling the said Gai;risou the last Half Year & so for the House Jour- 
Future nal, p. 39. 
■^"^^"^ ^H^e, p.'21, 

Read and Accepted and ctiap.43. 

Resolved That the pay for Victualling the said Garrison for the Six 
Months within mentioned be advanced Six pence ^ week, which will 
raise it to Eight shillings ^ week ^ man, and that the petitioner be 
allowed to Charge thesame in the next Account Accordingly. \_Passed 
June 19. 



CHAPTER 52. 

RESOLVE DIRECTING THE TREASURER TO ACCOUNT FOR £4,091. 15. 10 
BEING THE BALANCE OF THE INDIAN TRADE. 

Several Accompts presented by Jeremiah Allen Esq' Treasurer, Legislative 
referring to the Indian Trade; viz. An Accompt of sundry Sorts of councfi^xm!^^ 
Goods bought for the Indian Trade, An Accompt of Peltry received 3oi. 
for the Province from M"" Edmund Mountforth & Cpt. Joseph Heath House Jour, 
per Cpt. Saunders, And an Accompt for the said Trade; Ballance *i''ii> P- 1"^- 
whereof in his Hands is the Sum of £4,091. 15. 10. 

Read & Accepted & 

Resolved that the Ballance of the within Accompt, being Four Thou- 
sand ninety one Pounds fifteen shillings & ten pence the Treasurer is 
further to Accompt for. [Passed June 19. 



156 



Province Laws {Resolves^ etc.), — 1727. [Chaps. 53-55.] 



CHAPTER 53. 



RESOLVE DECLARING THAT THE UOOR KEEP" OF THE COURT IS 
EXEMPT FROM ARREST &c. 



Legislative 
Records of tlie 
Council, xili., 
352. Mass. 
Archives, 
xlviii., 450. 

House Jour- 
nal, p. 45. 
Province 

Laws, i., 88, 
chap. 38; 108. 



The FOLLOWING Question was put upon the last Clause or Enacting 
Paragraph of the Act P^ntitled An Act for Ascertaining the Number 
& regulating the House of Kepresenf''^ made in the fourth Year of 
the Reign of the late King AVilliam & Queen Mary 

Whether by the said Chiuse or Paragraph the Door Keeper of this 
Court & Messenger of the House of Represent''^' During the Time of 
the sitting of the Court is freed & exempted from any Arrest, Suit, 
Imprisonment or being any ways molested &c, As any Member of the 
General Assemblys Servant is during the Time of their Session ? 

Resolved in the Affirmative and That the Law ought so to be under- 
stood. \_Passed June 20. 



CHAPTER 54, 



ORDER IMPOWERING ELIS^ WOOD TO EXECUTE A DEED OF PARTITION. 



Legislative 
Records of the 
Council, xiii., 
3.53. 

Mass. 
Archives, 
xvii., 441. 
House Jour- 
nal, pp. 40, 46. 
Province 
Laws, ix., 039, 
chap. 129. 



A Petition of Elisabeth Wood Administ'' of the Estate of Cpt. John 
Wood late of Hopkinton Dec'' Intestate, Shewiug that her Husband 
the said John Wood in his Life Time purchased, in Partnership with 
one Elnathau Allen, a certain Parcel of Cedar Swamp & Upland adjoin- 
ing, lying between Marlboro & Sherburn commonly called Whitehall 
Farm, of Joseph Buckminster Esq'' which they held in Common, That 
the Petitioners said Husband before his Death had agreed with his Part- 
ner Allen upon a Division of the said Land, to be holden in Severalty 
by them & their respective Heirs & Assigns ; Which Division the said 
Allen as well as the Petition"" is willing to abide by ; But for as much 
as the Deeds were not finished & executed in the Life Time of the 
Petition" Husband ; Therefore Praying that by an Order of this Court 
she may be impowered to perfect the said Division & execute a good 
& lawful Deed of Partition accordingly. 

Read & 

Ordered that the Prayer of the Petition be granted ; And the Peti- 
tioner is hereby enabled & impowered to execute the Deed of Partition 
according to her Husbands Agi-eement with the said Allen, upon his 
Executeing the Deed on his Part in Order for holding the within men- 
tioned Premisses in Severalty ; Viz, to the said Elnathan Allen & his 
Heirs & Assigns, & to the Heirs of the said John Wood ; Any Law, 
Usage or Custom to the Contrary Notwithstanding. \_Passed June 20. 



CHAPTER 55. 



ORDER IMPOWERING M''* ANN MARSH TO SELL HOUSE & LANDS AND 
APPOINTING TRUSTEES THEREFOR. 



Rlforls'of the ^ PETITION of M'' Aim Marsh Widow of M' Joseph Marsh late of 
Council, xiii., Brantrey Clerk Dec'' & Administ'' of his Instate, Shewing that her said 
Husband died seized of two Thirds of a Dwelling House &, about six 



354. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1727. 157 

Aci'es of Land tliereto belonging, & of the Whole of two other Parcels iiouscJour- 
of Land, pai-tly Wood Land & partly IMeadow containing about seven- Ji»i>p-48. 
teeu Acres ; Which House & J^ands will yield a very small yearly Rent, 
but may be sold for a very considerable Sum of Moiie}" ; The Interest 
Avhereof would go much furtlier in the Support of the Petition'" & her 
Children than the Rent would do, That the said Dwelling house is uincli 
out of Repair, & the Deceased left but a small Personal Estate, not 
sutlicient for the said Repairs after his Debts are paid, And it not being 
probable that either of his Sons will settle in the said Town of Bran- 
trey, Therefore Praying that the Petitioner as Administ" as aforesaid 
ma}^ be impowered to make Sale of the said House & Lands, some 
suitable Persons to be joined with her herein, And that the Produce 
thereof may be lodged in the Hands of such Persons as Trustees for 
her & her Children ; One Third of the Interest thereof to be for the 
Petitioners Benefit, & the remaining two Thirds for her Children as 
the Law directs, & the Whole after the Petitioners Death to be divided 
among her Children by the said M"" Marsh, as the Law directs. 

Read & 

Ordered that the Prayer of the Petition be granted. And that Edmund 
Quincy & John Quincy Esq" & IVP Ezekiel Lewis (or any two of them) 
be impowered to join with the Petitioner in selling the said two Thirds 
of the House & six Acres of Land & the Whole of the other Land afore- 
mentioned, & to act as Trustees for receiving & disposing of the Money 
to be produced by the Sale of the said House & Land in such Manner 
as is proposed in the Petition. [_Passed June 21. 



CHAPTER 56 



ORDER FOR ADJOURNING THE COURTS IN ESSEX. 



In the House of Represent'^'^^ Whereas the Court of General Ses- Legislative 
sions of the Peace & Inferiour Court of Common Pleas for the County cmmcn^ xiiu'^ 
of Essex are by Law appointed to be Held & Kept at Salem within «& 355. 
for the said County of Essex on the last Tuesday of June Currant, And iMass. 
several of the Justices of the said Court & others concern'd are Mem- ^!'*"-Hoifse^^'' 
bers of this Court ; Journal, p. 4g. 

Ordered that, in Consideration of the present Sitting of the Great Laws°f.%84; 
and General Court, the said Justices are hereby directed to adjourn ^'^'•^' ^^^^^- " 
the said Courts to the Third Tuesday of July next; Any Law, Usage 
or Custom to the Contrary Notwithstanding. 

In Council; Read & Concur'd. \_Passed June 21. 



CHAPTER 57 



RESOLVE ALLOWING £5 TO AND. ANDERSON. 



A Petition of Andrew Anderson^ Mariner, Shewing that he was in Legislative 
the Service of this Province on board the Sloop Dragon to attend His Records of the 

TT j_i T • /-< . I o council, xiu.. 

Honour the Lieutenant Governor to the Ratification of the Peace at 355. Mass. 
Falmouth, & upon his Return, Coming up the Harbour of Boston in 1x^^^7289. 

Firing a great Gun, he had the Thumb of his Right Hand shot off; j^j^gj " 

Thankfully acknowledging the Bounty of the Court in what they have Archives^, 
already allowed, And for as much as he is not yet restored to a Capac- iioule j'our- 

' " Andross," ante, p. 57, chap. 145. 



158 



Province Laws (^Resolves, etc. ). — 1727. [Chaps. 58-60.] 



nal, pp. 22, 48. 
Ante, p. 51, 
chap. 129; p. 94, 
chap. 247. 



ity to do much towards bis Support, Therefore Praying for sucli further 
Relief as this Court in their great Wisdom & Goodness shall judge meet. 

Read and Accepted and 

Resolved That the Sum of Five pounds be allowed and paid out of 
the publick Treasury to the petitioner Andrew Anderson in Considera- 
tion of and in full for his Loss of Time. \_Passed June 21. 



CHAPTER 58. 



ORDER OF NOTICE ON JOHN CRISDES SECOND PETITION FOR REPAY- 
MENT TO HIM OF £19. 



Legislative 
Records of the 
Couucil, xiii., 
356. Mass. 
Archives, xli., 
21. 

Mass. 

Archives, xli., 
19, 23. House 
Journal, p. 50. 
Ante, p. 150, 
chap. 39. 



A Petition of John Crisde of Boston Gardner, Shewing that Pur- 
suant to the Order of this Court on his former Petition, he applieil him 
self to P^dward Winslow Escf Sheriff of the County of Suffolk, Shew- 
ing the Order of the Court for his delivering up the Security he had 
deposited in his Hands for his answering the Execution taken out by 
M" Banister, & that the said Sheriff' informed him that in May last he 
had paid to John Read Esq"" JNI" Banisters Attorney the Sum of Nine- 
teen Pounds in Province Bills which was Part of the Security, Com- 
plaining of the Proceedings of the said John Read against him, which 
he suggests are unfair & unreasonable. And Praying that this Court 
would Order him to pay back the said Nineteen Pounds to the Petitioner. 

Read & 

Ordered that the Petitioner serve John Read Escj"" with a Copy of the 
Petition that so he give Answer thereto (If he thinks fit) on Fryday 
next at ten a Clock in the Morning. [Passed June 21. 



Legislative 
Records of the 
Couucil, xiii., 
356. 

House Jour- 
nal, p. 48. 



CHAPTER 59. 

RESOLVE ALLOWING £\'^Q TO EDM" MOUNTFORTH. 

A Petition of Edmund Mountforth, Praying an Allowance for his 
Service as Truck master to the Indians on S' (Georges River & on the 
Eastern Coast from Decern'' 172;"), to Febry. 172(5, During which Time 
he endured great Hardship aboard the Sloop in which he traded in the 
Winter Season upon the Sea Coast & was at great Pains to make y*^ 
Indians sensible of the great Advantages they reap'd from the s*^ Trade. 

Read [and Accepted] & 

Resolved that the Sum of One Hundred & fifty Pounds be allowed 
& paid out of the publick Treasury to the Petitioner Edmund Mount- 
forth in full of all Demands for the Services within express'd. [Passed 
June 21. 



CHAPTER (3 0. 



ORDER ON THE PETITION OF DIVERS INHAB^* OF SALEM ANDOVER, 
TOPSFIELD & BOXFORD. 



Legislative 
Records of the 
Council, xiii., 
333, 357. 

House .Jour- 
nal, p. 53. 



A Petition of sundry Inhabitants of the Towns of Salem, Andover, 
Topsfield & Boxford, Shewing that they live at a great Distance from 
the Bodies of the Towns to which they respectively belong, & from the 
Places of publick Worship within the same, & that they are well situated 



[1st Sess.] Province Laavs (^Resolves, etc.). — 1727. 159 

for a Township, & are a Number of Families sufllcient for the same, And 
therefore Praying tliat tiiey may be set off & constituted a separate 'I'own- 
sliip within the following iioundaries ; viz, Beginning at Ipswich River, 
where Salem Line crosseth the same, & so running downward as the 
River runs till it come to Salem North Easterly Line, & then running as 
the Line between Salem & Topsliold runs to a Brook commonly called 
Nichols's Brook, & then by said Brook & the North P^asterly Branch 
thereof to Ipswich River, & thence up the River to a [Meadow called 
Ford Meadow, & from thence on a Westerly or North Westerly Liue to 
a certain black Oak Stump a known ranging Bound on the Line between 
Boxford & Andover, & from the said Stump to the North AVesterly Part 
of Timothy Perkins's Farm in Andover, & from thence to the North 
Westerly Corner of Bellinghams Farm (so called) & on said Farm to the 
South AYesterly Corner thereof, & from thence to a White Oak standing 
in Philps's Meadow, being a known Bound between Salem & Reading, 
& so on Salem Line to the Place first mentioned, Or that a Committee 
may be appointed to view & consider the Situation & Circumstances of 
the Petition" & report to this Court their Opinion. 

In Council ; Read together with the Answers of the Towns of An- 
dover; Topsfield & Boxford, And the same being duly Considered; 

Ordered that Spencer Phips & Theophilus Burrill Esq" with such as 
the Hon""'" House of Represent™^ shall appoint be a Committee at the 
Charge of the Petition" to repair to the Lands petitioned for a Town- 
ship & view the Situation of the Lands & consider & inquire into the 
Circumstances of the Petition" & report to this Court at the next Fall 
Session, what is proper to be done thereon : In the House of 

Represent'^^ Read & Concur'd, & 

Ordered that John Wainwright Esq"" Cpt. Edward Goddard & Cpt. 
John Fowle be joined in the Affair. \_Passed June 22. 



CHAPTER 61. 

ORDER IMPOWERING THE TREASURER TO FURNISH CASTLE WILLIAM 

WITH STORES. 

An Indent of Stores necessary at His Majestys Castle William, pre- Legislative 
sented by William Barnsdale Gunner of the said Castle. Coum^lf xH^i^^ 

Read & 355,357.'' 

Ordered that M"" Treasurer Allen be directed to furnish & supply the House -Tour, 
said William Barnsdale with such Stores in the within Indent mentioned "^^' i'- *'^- 
as are needful for His Majestys Castle William, Taking his Receipt 
therefor. {^Passed June 22. 



CHAPTER 62. 

RESOLVE ALLOWING THE CO. TREAS'' OF ESSEX, HIS ACC^. 

An Accompt was presented by John Appleton Esq'' Treasurer of Legislative 
the County of Essex for the Year 1726, W'' having been laid before councif, xiii.,*^ 

the Court of General Sessions of the Peace for s'^ County & by them '^ . 

examined & allowed. House Jour- 

Read & Accepted & °'^ ' ^^' 

Ordered that this Accompt be allowed. [_Passed June 22. 



160 



Province Laws {Resolves, etc.). — 1727. [Chaps. 63-65.] 



Legislative 
Records of the 
Counoil, xiii., 
360. Mass. 
Archives, 
cxiii., 709. 

Mass, 
Archives, 
cxUi., 708. 
House Jour- 
nal, p. 50. 



CHAPTEK 63. 

ORDER IMPOWERING THE SELECTMEN OF ABINGDON TO LEVY A TAX 
OF ONE HALF PENNY PER ACRE ON TOWNSHIP LAND. 

A Petition of Samuel Pool & Samuel Noyes Agents for the Town of 
Abingdon, Praying that the Dormant & unimproved Lands in the said 
Town may be subjected to a Tax of one Peny in the Acre per Annum 
towards the Support of the Ministry there, & also that they may have 
a small Piece of Province Land lying on the North East of the Farm 
called Waldoes Farm granted to them towards the Support of their 
Minister. 

Read and Accepted and 

Ordered That the prayer of the petition be so far granted as that the 
Select Men or assessors of the Town of Abbington be and hereby are 
impowred to levy a Tax of One half penny <g> Acre ^ Annum on the 
proprietors of the unimproved Lands within the Township of Abbington 
for the Term of Three years, the present year included towards Defrey- 
ing the Charge of the JMinistry in the said Town. \_Passed June 22. 



CHAPTEK 64 



RESOLVE ALLOWING L"^ JOHN LARRABEE £209. 7. 7 FOR VICTUALLING 
THE GARRISON AT CASTLE WILLIAM, AND ADVANCING HIM £200. 



Legislative 
Records of the 
Council, xill., 
300. 

House Jour- 
nal, p. 46. 
Ante, p. 78, 
chap. 207. 



An Accompt presented by Lieut. John Larrabee of the Charge of 
Victualling the Garrison at His Maj'^* Castle William from the 21'' 
of Novem"^ 1726, to the 2P' of May 1727, Amounting to the Sum of 
£409. 7. 7 Whereof £200 has been advanced to the Accomptant by 
Order of the General Assembly ; Ballauce remaining due to him is 
the Sum of £209. 7. 7. 

Read & Accepted & 

Resolved that M' Treasurer Allen be directed to pay to the Accompt- 
ant the Sum of Two Hundred & nine Pounds seven shillings & seven 
pence out of the publick Treasury, being the Ballauce of this Accompt ; 
And furtlier to enable the said John Larrabee to Victual the Garrison 
at His Majestys Castle AVilliam according to the last Kstablishm' 

Resolved that M"" Treasurer Allen be & hereby is directed to pay 
& advance to Lieut. John Larrabee the Sum of Two Hundred Pounds 
for victualling the said Garrison according to the said Kstablishm* Tak- 
ing Security from him for the true and faithful Performance thereof. 
\_Passed June 22. 



CHAPTEK 65 



Legislative 
Records of the 
Council, xiii., 
361. 

House Jour- 
nal, p. 49. 



RESOLVE ALLOAVING £44. 6. 10 TO L^ JOHN LARRABEE. 

An Accompt presented by Lieut. John Larrabee of sundry necessary 
Repairs done at Castle William, Amounting to the Sum of £44. 6. 10. 

[Read and] 

Rewlved that the Sum of Forty four Pounds six shillings & ten pence 
be allowed & paid out of the publick Treasury to the Accomptant John 
Larrabee to be by him repaid to the Persons to whom the same is re- 
spectively due in full Discharge thereof. [Passed June 22. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1727. 161 



CHAPTER Q^Q. 

ORDER IMPOWERING JOSHUA WROE AND JONATHAN WILLIAMS 
EXECUTORS OF W*' WEBSTER TO SELL LAND, TO PAY DEBTS. 

A Petition of Joshua Wroe «& Jonathan Williams, Surviving Exec- Legislative 
utors of the last Will & Testament of William Webster late of Boston [v™if, xm!!® 
House-wright Dec"' & jNIary Webster Relict Widow of the said William 'l^^!;.,,;-^^','?''- 
Webster for her self & her two Children that are Minors, Praying that xvii., 4ii.' 
they may be enabled by an Order of this Court to sell so much of the uaas. 
Deceaseds p]state as may be necessary to pay his Debts, & to make a ;|^yjf"Jf^f'4io 
Partition & Distribution thereof, as though all the Children of the Dec"^ House Jour." 
were of lawful Age ; Whicli will be much more for the Advantage of "'>-•> p-^-- 
all Parties therein concerned than if the said Estate should ly in the 
Condition that it does at present? 

Read and 

Ordered that the petitioners be and hereby are Authorized & Im- 
powered to Sell so much of the Real Estate of W" Webster dec*^ as 
they shall judge necessary & sufficient to pay y'' debts on y*" s** Estate : 
Provided they account with^ the judge of Probate for the County of 
Suffolk for y*^ laying out the produce thereof ; And in Case any thing 
remain of the said produce, That they give Bond to the Said judge for 
the Part belonging to the Minors : And further 

Ordered That the s'' Judge of Probate be Impowered & directed to 
appoint five Freeholders for dividing the Residue of y*^ Real Estate, & 
that he settle y" same on y*^ several persons Interested according to 
the directions of the Law in other Cases ; The Minority of any of the 
Children, or any Law, Usage, or Custom to the Contrary Notwith- 
standing. \_Passed June 23.^ 



CHAPTER 67. 

RESOLVE DECLARING THAT THE CARGO OF WINES OF THE " CHARMING 
JENNY" IS EXEMPT FROM IMPOST. 

A Memorial of Daniel Russel Esq"" Commissioner & Receiver of the Legislative 
Duties of Impost, Shewing that Cpt. Timothy Jackson Master of the coundf.xm!!^ 
Ship Charming Jenny lately made a Report of the said Ship from White 3-24, 362.' Mass. 
Haven, having on board Que Hundred & twenty one Hogsheads or Half ix\ii.,'45o'. 
Pipes of Spanish Wine & no other Goods, Praying the Direction of this ^[j;^^^; 
Court, Whether he must demand Impost on the said Wines «fe how much ^J9.^*y^f' 

Read & the Question was put Whether the Wines mentioned in this iiouse Jour- 
Memorial are exempted from Paying Duty by the Impost Act? ""'' pp-15, 58. 

Resolved in y'' Affirmative.^ [^Passed June 24.* 



CHAPTER 68. 

RESOLVE ALLOWING PAYMENT OF THE CASTLE WILLIAM MUSTER ROLL. 

A Muster Roll of the Gai'rison in His Majestys Service at Castle Legislative 
William under the Command of the Hon'^i'^ William Dummer Esq-" Con- goS xiiilr 

1 MS. mutilated; but the Secretary's record supplies the word "with." 

5 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 22. 

^ Both houses had previously voted in the negative ; the present resolve was made upon 
a reconsideration. 

■^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is June 23. 



162 



Province Laws {Resolves, etc.). — 1727. [Chaps. 69, 70.] 



363. Mass. 
Archives, 
xci., 248. 

Mass. 
Archives, 
xci., -247. 
House Jour- 
nal, p. 50. 



taining au Accompt of Wages due to them for their Service from Novem'' 
21. 1726, to May 21. 1727, Amounting to the Sum of £542. 2. 7. 

Read and Accepted and 

Resolved That the Suih of Five Hundred Forty two pounds two shil- 
lings and Seven pence be allowed and paid out of the publick Treasury 
to the Honourable William Dummer P^sq' the Other Officers and Soldiers 
born thereon respectively in full Discharge of the Wages thereof. 
\_Passed June 24. 



CHAPTEK 69. 



ORDER IMPOM^ERING THE TREASURER TO STOP THE WAGES OF FOUR 

SOLDIERS. 



Legislative 
Records of the 
Council, xiii., 
363. 

House Jour- 
nal, p. 55. 



A Memorial of Cpt. Samuel Hinkes late Commander of His Majestys 
Fort Mary at Winter Harbour Shewing that while he was in the Com- 
mand of tlie said Fort, four of the Soldiers posted there received of 
the Memorialist more than their Wages in the Muster Roll w*"'' amounted 
to, in all to the Sum of Eight Pounds eight shillings & one peny ; viz, 
Thomas Jones £2. 2. 7, Josiah Norton 12 , Jacob Rett, 16/ 6, & John 
Thomas £4. 17 And for as much as Cpt. James Woodside the present 
Commander is now about to present his Muster Roll to this Court for 
Allowance ; Therefore Praying that so much of the Wages of the above 
mentiou'd Persons as are due to the Memorialist may be ordered to him 
out of the publick Treasury. 

Read [and Accepted] & 

Ordered that the Treasurer be directed to stop in the Treasury out 
of the Wages due to the four Persons or Soldiers within mentioned ; 
viz, Thomas Jones, Josiah Norton, Jacob Rett & John Thomas, born 
on the Muster Roll of Capt. James Woodside presented to the Court 
in the present Session, the respective Sums set to their Names in the 
within .Alemorial until the next Session of this Court, that so the 
Memorialist may have au Opportunity to make out the Justice of 
the Charges within mentioned, the Resolve on the Muster Roll Not- 
withstanding. \_Passed June 24. 



CHAPTER 70. 



Legislative 
Records of the 
Council, xiii., 
363. 

House Jour- 
nal, p. .56. 
Ante,Y>. 105, 
chap. 277. 



RESOLVE ALLOWING 50/ TO MESS«s WRIGHT, GUN & CHANDLER. 

An Accompt presented by Mess" Ebenezer Wright, John Gun and 
John Chandler Jun' of their Time & Expence in viewing a Piece of 
Province Land so called (petition'd for by John Kilburn & others in 
December last) by Order of the General Court) ^ Amouutiug to the 
Sum of £2. 10. 

[Read and] 

Resolved that the Sum of Fifty shillings be allowed & paid out of 
the publick Treasury to M' Ebenezer Wright, to be by him paid to 
the Gentlemen to whom it is due in full Discharge thereof. [Passed 
June 24. 

1 Sic, as to parentheses. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1727. 103 



CIIAPTEK 71. 

RESOLVE ALLOAVING £15 TO SAM'-'- GERRISH. 

An Accompt presented by Samuel Gerrish Book seller of Paper, and Ker^fds'^f ih- 
Printing four Hundred Copies of the Kev'' M'' Baxters Sermon preached Council, xiii., 

before the General Court or Assembly of this Province on the last Elec- — 

tion Day, Amounting to the Sum of £15. "a'lyp! se*."^' 

[Read and] 

Resolved that the Sum of Fifteen Pounds be allowed & paid out 
of the publick Treasury to the Accomptaut in full Discharge thereof. 
[^Passed June 24. 



CHAPTEE 72. 

RESOLVE ALLOWING £15 TO CORN. HALL. 

A Petition of Cornelius Hall, Setting forth his thankful Acknowl- ^^o*^'?**^? ., 

xvccorcls or tliG 

edgement of the Favour of this Court in their Allowance made to him Council, xiii., 
the last Year in Consideration of a Shot he received through his Ankle ArcMv^es^*'' 
Bone while he was in His Majestys Service Eastward ; And for as much ixxii., 272. 
as he is entirely disabled by his said Wound from doing any thing for Mass. 
his Support, Therefore Praying the compassionate Consideration of this t^^ti^m 273. 
Court for some further Allowance out of the publick Treasury. House Jour-_ 

Read and Accepted and ^We%". 93',°'' 

Mesolved That the Siim of Twenty pounds be allowed and paid out chap. 244. 
of the publick Treasury to the petitioner Cornelius Hall Viz' Four 
pounds for his being Omitted two Months in his Officers Roll as by 
Certificate Appears, and Sixteen pounds in Consideration of his Loss 
occasioned by the Wound mentioned in the petition. [_Passed June 24. 



CHAPTER 73. 

ORDER GRANTING ONE HUNDRED ACRES OF LAND TO CPT. RICH" 

BOURN. 

A Petition of Cpt. Richard Bourn, Shewing that he was Captain of Legislative 
one of the Companies that engaged the Indian Enemy at Norridgewock Council, xiii., 

in August 1724, & has been in several other Marches in the Service of ^Ei. . 

the Province wherein he has hazarded his Life & undergone considerable House Jour- 
Hardships, besides his Expence & Trouble in enlisting Indian Volun- ^^ ' ^^' ' 
tiers to go in Quest of the Enemy, Praying that this Court in Consid- 
eration of his said Services would grant him one Hundred Acres of the 
unappropriated Land belonging to this Province in the Count}^ of York. 

Read & 

Ordered that the Prayer of the Petition be granted, And that the 
Petition'' be & hereby is allowed & impowered by a Survey'' & two 
Chain men on Oath to survey & lay out One Hundred Acres of the 
unappropriated Lands of this Province lying in the County of York, 
& return a Plat thereof to this Court within twelve Months for Con- 
firmation. \_Passed June 26. 



164 



Province Laws {Resolves, etc.). — 1727. [Chaps. 74-70.] 



CHAPTER 74. 



Legrislatlve 
Records of the 
Council, xiii., 
368. 

House Jour- 
nal, p. 54. 



RESOLVE ALLOWING £20. 12 TO EDW» WINSLOW ESQ''. 

An Accompt presented by Edward Winslow Esq"" Sheriff of the 
County of Suffolk, of sending into the other Counties Proclamations 
for a General Fast, for proroguing & Dissolving the General Assem- 
bly, for Apprehending John Pitman, Writs for calling a new Assem- 
bly, sending Expresses &c. Amounting iu the Whole to the Sum of £21. 

[Read, and Accepted and] ' 

lie.solved that the Sum of Twenty Pounds & twelve shillings be 
allowed & paid out of the publiek Treasury to the Accoraptaut Ed- 
ward Winslow in full Discharge thereof. [Passed June 26. 



Learislatlve 
Records of the 
Council, xiii., 
36i). Mass. 
Archives, 
xlviii., 452. 

Legislative 
Records of the 
Council, xiii., 
34S, ;J46, 351), 367. 
House Jour 
nal, p. 58. 



CHAPTER 75. 

VOTE FOR Y" TREAS"^ PROVIDING FOR Y^- LIEUT. GOV* VOYAGE 

EASTW", 

Resolved That M'' Treasurer be directed to waite upon His Honour 
the Lievtenant Gov' to know of him what Number of the Members 
of the Court and other Gentlemen as well as what Guard His Honour 
designs shall attend and waite on him at the Treatj' with the Indians 
to be held 1)y His Honours Direction the 10"' of the next Month either 
at Falmouth or some wliere in Kenuebeck River, and that the Treas- 
urer be thereupon, and he is hereby further directed to provide and 
lay in the necessary & Convenient stores and supplies accordingly. 
\_Passed June 27. 



CHAPTER 76. 



ORDER REFERRING TO THE NEXT SESSION OF THE COURT JOHN 
MOFFATS PETITION IN REGARD TO A JUDGMENT AGAINST HIM FOR 
TRANSPORTING A NEGRO. 



Legislative 
Re(;ords of the 
Council, xiii., 
370. Mass. 
Ai-chives, ix., 
188. 

Mass. 

Archive^, ix., 
182, 184, iNo, 187. 
House Jour- 
nal, p. 58. 
Province 
Laws, ii., 119, 
chap. 14. 



A Petition of John Moffat Mariner & formerly Master of the Ship 
Morehampton, Shewing that Richard Trevot of Mar])lehead iu the 
County of Essex brought his Action of Debt against the Petitioner 
at the Inferior Court held at Salem in said County in Decem!" 1725, 
upon an Act of this Province for preventing Persons under Age, Ap- 
prentices or Servants being transported out of the Province ; for the 
Recovery of Fifty Pounds for the Carrying away a Negroe IMan named 
Pompey, vSlave to the said Trevot, & did accordingly recover Judgem* 
of the Petition"' for Fifty Pounds & Costs, Setting forth his Innocency 
in the said Matter &, his utter Ignorance of the said Negroes being 
aboard his Vessel till he got to Sea, & that he took all possible Care 
to have him returned to his Master ; And therefore Praying that this 
Court would pass a Resolve that his Case does not fall under the 
Design of the said Act, And that they would Order a Stop of the 
Execution issued out on the said Judgem' or give him such further 
«& other Relief, as in their great AVisdom & Goodness shall be judged 
meet. 

Read and 



[1st Sess.] Province Laws (Be^solve.s, etc.). — 1727. 1(35 

Ordered That this petition be referred to the next Session of this 
Court for further Consideration, and tliat in the Mean Time tiie peti- 
tioner Serve the said Richard Trevott with a Copy of tiie petition that 
he shew Cause on the first Thursday of the said Session why the prayer 
thereof should not be granted, and that the PLxecution within referred 
to be stayed in the Mean time. Any Law Usage or Custom to the Con- 
trary notwithstanding. [Passed June 27. 



CHAPTEK 77. 

ORDERS PASS'D AS TO CLAIMS OF EASTERN LANDS. 

Tn Connoil Legislative 

xu v^uiiijun Records of the 

Ordered that John Wheelwright, Sam'^ Thaxter & John Stoddard Council, xUi., 
Esq'' with such as shall be appointed by the Hon''''' House of Repre- Arehi^ves?' 
sentatives be a Com"''' to Receive the several Claims, or Titles, (that xM- 25. ' 



may be had or Obtain'd of y" English) to y" lands in y" Eastern parts House Jour- 
of this Province & to Repair to Falmouth at the time proposed for gj^'' Provluce 
Meeting the Kenebeck, Wiweuock, and Aresegontacook Indians, in Laws, x 723, 

c5 cnjiu 416 

order to Ratify the late Treaty made with the Indians, of Penobscot Ante',Y>-^, 
for themselves, & in behalfe of the abovesaid Tribes; & that they ^hap^. m^^^^^^ 
produce the abovesaid Claims & Titles, & take care as far as possi- 
ble to make out y" same to the Satisfaction of the Indians, & to dis- 
tinguish & Ascertain w^hat lands belong to y'' English, in Order to the 
Effectual Prevention of any Contention, or Misunderstanding on that 
head for the future 

In the House of Representatives Read and Non Concurd and 

Ordered That a Message be Sent up to the Honourable Board to 
Acquaint them that the House are ready to joyn with them in the 
Choice of a Committee for the purposes mentioned in the within Vote 

provided that none of the said Com'"" are interested in any Lands 
to the Eastward of North Yarmouth in Casco Bay 

In Council ; Read & 

Voted that John Chandler Esq'' be added to the Committee appointed 
by the Board for Receiving Claims &c, in the Room of Sam" Thaxter 
Esq' 

And the Board insist on their Vote with that Alteration. 

In the House of Representatives Read and Concurred and 

Ordered That M' Thomas Cushing, M"" Wainwright Maj' Quincy, 
Cap' Turner and M' shove be joyned iri the Affair. [Passed June 27} 



CHAPTEK 78. 

ORDERS ON PETITION OF THE WEST PRECINCT IN BRADFORD. 

A Petition of Jonathan Woodman in behalf of the West Precinct in Legislative 

the Town of Bradford, Shewing that whereas it was the Pleasure of coS, xhl,^ 

this Court at their Session in May 172'6, to erect the Eastern Part of 373. Mass. ' 

the said Town into a separate Precinct, the Inhabitants of the said ^^^^^^'^^^> ^^■' 

Eastern Precinct had the Benefit of assembling with them in the old m^iss! 

Meeting House & enioyed the Word & Ordinances for five Months after Archives, xi., 

*^ 420 422 bis 

they were set off as afore said. And that they refuse to pay then- Pro- 4231424. House 

> This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is June 28. 



166 



Province Laws {Resolves, etc.). — 1727. [Chaps. 79, 80.] 



Journal, p. ( 
Ante, p. 40, 
chap. 98. 



portion towards the Maintenance of tlie Minister for the said five Months 
as also for three Months before their being set off, Praying that this 
Court would give their Directions respecting the Premisses. 

Read with the Answer of the East precinct of the Town of Brad- 
ford thereto, and the same being duly considered 

Ordered That the East precinct in the Town of Bradford be and 
hereby are ordered and directed to pay to the West precinct in said 
Town their proportionable part towards the support of the Ministry 
therein for and until tiie Time the Town w\as divided into two precincts 
by this Court and no longer. [^Passed Jane 27.^ 



CHAPTER 79. 



Legislative 
Kecords of the 
Council, xiii., 
375. Mass. 
Archives, 
Ixxii., 279. 

Mass. 
Archives, 
Ixxii., 277. 
House -Jour- 
nal, p. 64. 
Ante, p. 124, 
chap. a}2. 



RESOLVE ALLOWING £1.") TO JOSIAH JOHNSON. 

A Petition of Josiah Johnson, Shewing that the Wound which he 
received in his right Arm from the Indian Enemy at the Fight at Pig- 
wacket by which the Bone was broken to Pieces, is still open, so that 
he is rendered uncapable of labouring for his Support, And (with 
Acknowledgem' of the Courts Favour to him in their former Grant) 
Praying the further Consideration of this Court for his Relief. 

Read and Accepted and 

Resolved That the sum of Fifteen pounds be allowed and paid out of 
the publick Treasury to the Petitioner Josiah Johnson in further Con- 
sideration of his Loss of Time Occasioned by the within mentioned 
Wound. [^Passed June 27.^ 



CHAPTER 80. 



Legislative 
Records of the 
Council, xiii., 
371. Mass. 
Archives, xli., 
2L 

Mass. 

Archives, xli., 
19, 2,5, 2f). 
House Jour- 
nal, p. 67. 
Ante, p. 15S, 
chap. .'J8. 



ORDER ON JOHN CRISDES PETITION. 

[The Petition of John Crisde, ante, p. 158, chap. 58] 

Read again togetlier with the Answer of John Read Esq'' &, it appear- 
ing that the Sheriff of y' County of Suffolk, before he was served with 
the Order of this Court on y* petition" first petition, had paid to said 
John Read Esq' Attorney to Sam" Banister the sum of Nineteen pounds, 
out of the Security given by y^ petitioner to Answer the Execution 
taken out against him by Francis Banister the said Samuel Banisters 
Attorney which money the petitioner cannot recover in Law, by w'='' 
means the ballance of y several judgments (due to the Petitioner) is 
Ninety Seven pounds four shillings & two pence 

Therefore 

Ordered that the Sheriff of y' County of Suffolk Levy the Executions 
of the Petitioner on the Estate of Samuel Banister for the Sum of Ninety 
Seven pounds, four shillings &, two pence, the Order of this Court ou 
the pet" other Petition Notwithstanding. \_Passed June 28. 

> This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is June 28. 



[1st Sess.] Pkovince Laws (^liesolves^ etc). — 1727. KJ" 



CHAPTER 81. 

ORDER FOR ADJOURNING THE COURTS IN THE COUNTY OF YORK. 

WiiERKAs the Court of Gen" Sessions of the Peace & luferiour Court Legislative 
of Comniou Pleas for the County of York are appointed by Law to be council, xiii., 
held at the Town of York on the first Tuesday of July next, And divers Archives^^xU 
of the Justices & others concern'd in the s'^ Courts are Members of this 28. 

Court ; House Jour- 

Ordered in Consideration of y^ present Sitting of the Gen^ Assembly province 
That the Justices of the s*^ Courts of Gen" Sessions of the Peace & Laws, i., 545, 
Inferiour Court of Common Pleas be & hereby are Directed to Adjourn ^ ^^' ' 
the same to the second Tuesday of August next. [Passed June 28, 



CHAPTER 82. 

ORDER DISCHARGING PROCEEDINGS AGAINST THO. BAKER. 

A Petition' of Thomas Baker of Brookfield, Setting forth that a AYrit Legislative 

Records of the 

of Scire facias hath issued forth against him from the Clerks Office of council, xiii., 
the Superior Court, to shew Cause why he should not forfeit a Recog- !Ili 



nizance of £200 to His Maiesty, which he save some Time since to ^lass. 

_ *^ Archives xli 

Samuel Patridge & Henry Dwight Esq" two of His Majestys Justices 15. House' ' 

of the Peace for the Count}' of Hampshire; And for as much as the Journal, pp. eo, 

Prosecution against him arises from the Testimonies of divers evil 

minded Persons, & occasioned by some unhappy Controversies in the 

Town of Brookfield, Thei'efore Praying that he may by an Order of 

this Court be discharged of the said Recognizance or brought on his 

Trial. 

[Read and] 

Ordered that the Petitioners Recognizance be & hereby is discharged, 
& the Writ of Scire facias issued out against him declared Null & Void, 
Provided that the Petitioner appear at the next Court of Assize & Gen- 
eral Goal Delivery to be holdeu at Springfield for the County of Hamp- 
shire, & abide his Trial & the Order of the said Court thereon ; 

And Henry Dwight & Eleazar Porter Esq" are hereby directed to 
bind over all the Witnesses for the King to appear at the said Trial. 
[Passed June 28. 



CHAPTER 83. 

ORDER ON MARY ALFORDS PETITION PRAYING FOR PERMISSION TO 
OPEN A JUDGMENT. 



A Petition of Mary Alford, Relict Widow & Executrix of Benjamin Legislative 
If ord Dec'' Shewing that Andrew Faneuil of Boston Merchant recovered coun^*^f. '^^u 
Judgem' against her by Default at the Inferior Court held at Boston for 374^ 



the County of Suffolk in March 172.5, for £19. .3 Curr' Money of New House .Jour- 
England & hath taken out a Writ of Scire facias against her, return- ^^^' ^'' ^'■ 
able to the Court to be held in July next But for as much as one of 
the Petitioners Sons agreed with Henry Franklyn, who transacted M' 
Faneuils Business at that Time, to pay the Bond of £19. 3 on which 
the said Judgement was founded, And the said Franklyn having Occa- 



168 



Province Laws {Resolves, etc.). — 1727. [Chaps. 84, 85.] 



sion soon after for some Braziletto Wood, took up a Quantity thereof 
of the Petitioners Son to the Value of £25. 14 Which the Petitioner & 
her Sous imagined was for Payment of the said Bond, & that the said 
Sum was to be discounted thereon, & therefore never received any other 
Satisfaction for the said Wood, Praying an Order of this Court to im- 
power her to have a Trial of the said Cause in the Law. 

Read & 

Ordered that the Petitioner sei-ve M"" Andrew Faneuil with a Copy 
of this Petition, that he may give in his Answer thereto, if he see 
Cause, on the first Fryday of the next Fall Session ; And all further 
Proceedings upon the Judgement against the Petitioner are hereby 
stayed in the mean Time ; Any Law, Usage, or Custom to the Con- 
trary Notwithstanding. \_Passed June 28. 



CHAPTER 84. 



VOTE APPOINTING A COMM™^ FOR SORTING PAPERS IN THE SECRYS. 

OFFICE. 



Legislative 
Records of the 
Council, xili., 
375. Mass. 
Archives, 
Ixxxviii., 394. 

House Jour- 
nal, p. 65. 



In the House of Representatives 
Voted That William Payne Esq'' and M"" Lewis with such as the Hon- 
ourable Board Shall Appoint be a Committee to Assist M"" Secretary 
in a Strict P]xamination of all the papers lodged in the Town House, 
that they carefully indorse such as are not indorsed, that they range 
and place them in the years to which they respectively belong, and 
make Such a Table or Alphabett as that the said papers may easily 
be found 

In Council, 
Read & Concur'd, And Elisha Cook Esq' is join'd in the Affair. 
\_Passed Jane 28. 



CHAPTER S^ 



ORDER ON FRAN. CARY & JOHN TURNERS PETITION PRAYING FOR 
APPOINTMENT OF A COMMITTEE TO RUN A BOUNDARY LINE. 



Legislative 
Kecords of the 
Couucil, xiil., 
375. 

Legislative 
Records of tlie 
Council, xiii., 
322, 326. House 
Journal, p. 70. 
Ante, p. H6, 
chap. 302. 



A Petition of Francis Cary & John Turner, Shewing that they are 
like to be great Sufferers in their Interests, because the Meets & Bounds 
of a certain Tract of Land between Taunton & Tetticut are not I'uu & 
stated, And for as much as it was not the Pleasure of this Court to grant 
their Petition for a Committee for that Service, Therefore Praying that 
this Court would appoint a Committee to run a Line from Baiting Brook 
so called to the long Square, being the extream Bounds of the Town of 
Taunton on the East Side. 

Read & 

Ordered that the Petitioners serve the Town of Taunton with a Copy 
of this Petition that so they give in their Answer thereto, if they see 
Cause on the first Fryday of the next Session of this Court. \_Passed 
June 28. 



[1st Sess.J Province Laws {liesolves, etc.). — 1727. 169 

CHAPTER 86. 

RESOLVE ALLOWING £39. 14 TO GEO. PEMBERTON. 

An Accompt presented by D"" George Pembertou of Medicines & ^f^rd^of th 
Attendance on the Garrison at His Majestys Castle William fi'om Dec. council, xiii., 

13. 172G, to June 9. 1727, Amountingto the Sum of £39. 14. '-^ 

[Read, Accepted and] naTp'iS'"'"' 

Resolved that the Sum of Thirty nine Pounds fourteen shillings be 
allowed & paid out of the publick Treasury to the Accoraptant D'' 
George Pembertou in full Discharge thereof. \_Passed June 28. 



CHAPTER 87. 



RESOLVE ALLOWING £5 TO JAMES PORTER. 



A Petition of James Porter of Northfield, Shewing that in the Year Legislative 
1725 he enlisted under the Command of Cpt. Thomas Wells in a March councff xUi!^^ 
against the Indian Enemy, & on their Return was overset in a Canoe 376. Mass. 
& lost his Arms & other Things, Praying an Allowance from this ixxu , 286. 



Court, to repair his Loss sustained as afore said. mslss. 

Read and Accepted and Archives, 

Resolved That the Simi of Five pounds be allowed and paid out of House Jour- 

the publick Treasury to M'' Ebenezer Wright for the Use of the peti- °'*^' p- ^• 

tioner and is in full satisfaction of the Losses within Mentioned by him 

sustained. \_Passed June 28. 



CHAPTER 88. 

ORDER FOR A COMM'ti'b qN Y^ PETITION REFERRING TO HASSANIMISCOE. 

On the Petition of Samuel Chandler & John Sherman for them Legislative 
selves & divers others, Praying for Liberty to purchase a Tract of ^ouucif xm^^ 
Laud of the Indians at Hassanimisco, 376. Mass. 

In the House of Representatives Read and ^xm"^68i'. 



Ordered That John Quincy Esq"" Major Tilestoue & Cap' Goddard ^^ 
with such as the Honourable Board shall Appoint be a Committee to Archives, 
repair to the Land petitioned for that they carefully view the Same, Legislative 
and report their Opinion to this Court' in their next Fall Session what Records of the 

1 ii XT- 1 ,. .1 T T 1 • 1 11 1 T..^ • Council, xii., 

may be the value of the Lands which are proposed by the JNatives 252, 253, 316,4-23; 
there to be sold fceJoi^ruai, 

In Council, Read & Concur'd ; And Nath" Byfield & Sam'^ Thaxter P;25(June_, 
Esq" are join'd in the Affair. \_Passed June 28. Province 

Laws, X., 442, 
chap. 30. 



170 



Province Laws {Resolves, etc.). — 1727. [Chap. 89.] 



CHAPTEE 89. 



Legislative 
Records of the 
Council, xiii., 
378. 

House Jour- 
nal, pp. 72, 73. 
Province 
Laws, ii., 450. 



RESOLVE FOR EMITTING £16,000 IN BILLS OF CREDIT AND PROVIDING 
SECURITY; £6,000 IN THE YEAR 1735; £10,000 IN THE YEAR 1736; PAY- 
MENT TO BE MADE IN COMMODITIES. 

Resolved that the Treasurer be & hereby is impowered «fe directed to 
issue forth & emit the Sum of Sixteen Thousand Pounds in Bills of 
Credit on this Province for the necessary Defence & Support of this 
Governm' & the Protection & Preservation of the Inhabitants thereof 
(The said Sixteen Thousand Pounds being already in the Hands of the 
Treasurer & received for Taxes Impost &c,) To be issued & disposed 
of by Warrant under the Hand of the Govern"' or Commander in Chief 
for the Time being with the Advice & Consent of the Council, Fifteen 
Thousand five Hundred Pounds thereof shall be applied for the Uses, 
Intents & Purposes in this Resolve hereafter express'd ; viz. For the 
Payment of all Grants, Premiums & Stipends established by Law, for 
the defraying & paying the Charge of Castle AVilliam & the other Forts 
& Garrisons, Muster Rolls of Soldiers & Sailors, Allowances &c, and 
all other Accompts of Charges allowed & pass'd on for Payment by 
this Court; And that the Sum of F'ive Hundred Pounds (being the 
Residue &, remaining Part of the said Sixteen Thousand Pounds) shall 
be applied for the Payment of Expresses dispatch'd in the Service of 
this Governm' in the Recess of this Court together with all necessary 
unforeseen Charges that demand prompt Payment, which shall arise in 
the Recess of the Court as afore said, Providkd alwa^^s that the several 
Draughts made on the Treasurer, as afore said express & declare out 
of which of the two several Sums afore mentioned the Money is to be 
paid ; And the said Bills shall 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 & Excise 
together with all other publick Incomes be a Fund & Security for the 
Payment and Drawing in the said Bills into the Treasury again, so far 
as the same will reach ; And as a further Fund and Security for the 
same ; It is further 

Resolved that there be & herebj' is granted unto His most Excellent 
Majesty for the P^nds «fc Uses afore said, & for no other Ends & Uses 
whatsoever a Tax of Six Thousand Pounds, to be levied upon Polls & 
Estates both real & personal within this Province, according to such 
Rules & in such Proportion upon the several Towns & Districts within 
the same as shall be Agreed on & Ordered by the Great & General 
Court or Assembl}^ of this Province at their Session in May One Thou- 
sand seven Hundred & thirty five & paid into the Treasury- on or before 
the last Day of Decem"" next after ; And as a further Fund & 

Security for the same ; 

It is further 

Resolved that there be & hereby is granted unto His most Excellent 
Majesty for the Ends & Uses aforesaid, & for no other Ends & Uses 
whatsoever, a Tax of Ten Thousand Pounds to be levied upon Polls «& 
Estates both Real & Personal within this Province, according to such 
Rules & in such Proportion upon the several Towns and Districts within 
the same as shall be agreed on & ordered b}' the Great & General Court 
or Assembly of this Province at their Session in May One Thousand 
seven Hundred & thirty six, & brought into the Treasury- on or before 
the last Day of December next after. 

And whereas it may be then difficult thro the Scarcity of Bills of 
Credit for Persons to convert the Produce of their Lands into Bills &, 
pay their Rates in them ; It is further 



[1st Sess.] Province Laws {lie.solves, etc.). — 1727. 171 

Ordered that tlie Inhabitants of this Province shall have Liberty, if 
they see Cause, to pay the several Sums that shall be on them respec- 
tively assessed in the several Species hereafter mentioned, at such 
moderate Rates & Prices as the (Ireat and General Assembly shall set 
them at; viz, In good Barrel Beef & Pork, Wheat, Barley, Rye, Indian 
Corn, Oats, Flax, Hemp, Bees Wax, Pease, Butter in Firkins, Cheese, 
Hides, Tan'd Leather, Dry Fish, Mackeril in Barrels, Oyl, Whale bone. 
Bay berry Wax, Tallow, Pitch, Tar, & Turpentine ; Which Species 
shall be received by the Treasurer of the several Constables or Col- 
lectors, & 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 any other unforeseen Accident 
shall arise. That said Deficiencies shall be made good by a Tax of the 
Year next following, so as fully & effectually to draw in the whole Sum 
of Bills emitted as aforesaid.^ [^Passed June 29. * 



CHAPTEE 90. 

ORDER FOR A TOWN MEETING AT UXBRIDGE. 

Ordered that M"" Solomon Wood, a principal Inhabitant of the Town Legislative 
of Uxbridge, be impowered & directed to notify & summon the Inhabi- councn^.xil'.!^ 
tants, duly qualified for Voters, to meet & assemble for the Chusiug of 379^ ' 



Town Officers to stand until the next Annual Election according to Law. House Jour- 
^Passed June 29. . » .p- • 



CHAPTER 91. 

VOTE FOR A PRESENT TO THE INDIANS. 



The Secretary carried down to the House of Represent''^' the follow- Legislative 
ing Message from His Honour the Lieut. Govern"^ Viz, Councif, xiu., 

Gentlemen of the House of Represenf^' Whereas it seems neces- stsl 



sary that the Indians now come down to the Ratification of the Peace House Jour- 
should have the same favourable Reception in all respects with those ^nte',p.'58, 
that have already ratified, that no Umbrage or Jealousies may possi- ''•^'^^- ^^f^jj , ^. 
bly arise on that Score; I propose that the following Particulars may ^" '*^ ^'^ 
be provided, which will be near a Proportion to what was given last 
Year ; And a Schedule of Goods proper for a Present was added 

to the said Message. 

Upon which the following Vote w^as pass'd ; Viz, 
Resolved that M' Treasurer Allen be and hereby is directed to sup- 
ply the sundry Particulars within mention'd in Propoi'tion to the Enu- 
meration in a Sum not exceeding Three Hundred Pounds. [Passed 
June 29. 

' " The [foregoing] Resolve for emitting the Sum of £16,000 in Bills of Credit out of the 
publick Treasury, . . . being laid before His Honour the Lieuten' Governor for his sign- 
ing his Consentthereto ; His Honour proposed the following Question to the Council for 
their Opinion & Advice thereon ; viz, 

W^hether it be consistent with His Majestys Instruction to the Governor of the 29"' of 
Septem'- 1720, & the Order from the Board of Trade Dated Febry. 8"' 1726, for him (the 
Lieuten' Govern'') t« sign his Consent to the Vote for emitting £16,000 in Bills of Credit 
for the necessary Support of the Governm' & the Protection & Defence of the Inhabitants 
thereof pass'd by both Houses at the present Session ? 

And it was Resolved in the Affirmative Nemine Contradicente." — Legislative Records 
of the Council, xiii., 380. 



172 



Province Laws {Resolves, etc. ). — 1727. [Chaps. 92-94.] 



Legislative 
Records of the 
Council, xiii., 
382. 

House Jour- 
nal, p. 66. 



CHAPTEK 02. 

RESOLVE ALLOWING £79. 3. 11 TO SHER. WINSLOW. 

An Accompt presented by Edward Wiiislow Esq"" Sheriff of the 
County of Suffolk, of the Charge of repairing tiie Govern""' or Prov- 
ince House, Pursuant to an Order from the Hon'*''' the Lieuteu' Govern"' 
& Council, Amounting to the Sum of £79. 3. 11. 

[Read, Accepted and] 

Resolved that the Sum of Seventy nine Pounds three shillings & 
eleven pence be allowed & paid out of the publick Treasury to the 
Accomptant Edward Winslow Esq"" to be by him repaid to the Per- 
sons to whom [the same] ^ is due respectively in full Discharge thereof. 
[Passed July 1. 



CHAPTER 93. 

ORDER GRANTING TO COLL. JOHNS. HARMAN TWO HUNDRED ACRES 

OF LAND. 



Legislative 
Records of the 
Council, xiii., 
382. 

House Jour- 
nal, p. 61. 



A Memorial of Coll. Johnson Harman, Shewing that for divers Years 
last past he has served this Province in the Wars against the Indians 
in divers Capacities & Offices, that he has endured great Difficulties 
and Hardships & often been in Hazard of his Life. & hns met with 
considerable Success in his Attempts against the Enemy, Prajnng a 
Grant of Two Hundred Acres of the unappropriated Lands of the 
Province lying in some Part of the County of York. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioner be allowed & impowered at hi.s own Charge by a Survey"" & Chain 
men on Oath to survey & lay out Two Hundred Acres of the unappro- 
priated Lands of the Province lyino;& being in the County of York, And 
that he return a Plat thereof to the Court for Confirmation within twelve 
Months. [^Passed July 1. 



CHAPTER 94 



RESOLVE ALLOWING £27. 10 TO LUKE VARDY, 



Legislative 
Records of the 
Council, xiii., 
382. 

House Jour- 
nal, p. 11. 



An Accompt presented by Luke Vardy of the Charge of entertaining 
His Honour the Lieut. Govern"" & the Council on the last Day of Elec- 
tion of Councell'"^ Amounting to the Sum of £27. 10. 

[Read and] 

Mesolved that the Sum of Twenty seven Pounds ten shillings be 
allowed & paid out of the publick Treasury to the Accomptant. Luke 
Vardy in full Discharge thereof. \^Passed July 1. 

> Inserted from the State Library copy, Legislative Records of the Council, xiii., 378. 



[1st Sess.] Puovince Laws (Besolves, etc.). — 1727. 173 



CHAPTER 95. 

RESOLVE ALLOWING 25/ TO SAM'-'- GERRISH. 

An Accompt presented by M"' Samuel Gerrish Bookseller of 50 of R^^^rdfoithe 
the hist Election Sermons, supplied the House Amounting to £1. 17. 6. Council, xUi., 

[Read and] ^^- 

Resolved that the Sum of Twenty five shillings be allowed & paid ^°i"jf. 7f,^'^' 
out of the publick Treasury to the Accomptant Samuel Gerrish in full 
Discharge thereof. [^Passed Jidy 1. 



CHAPTER 96. 

RESOLVE ALLOWING 53/ TO W« PRICE. 



An Aocompt presented by William Price of Work done by Order of Ji^^'^'?**'^®,, 

1 */ »/ Kccorcis Or tliG 

the House of Represent""^' Amounting to the Sum of £2. 13. Council, xm., 

[Read and] ^^ 

Resolved that the Sum of Fifty three shillings be allowed & paid out ^^^^f i^^^' 

of the publick Treasury to the Accomptant William Price in full Dis- ' 

charge thereof. [^Passed July 1. 



CHAPTER 97. 

RESOLVE ALLOWING 49/ TO SAM'-^ HINKES. 

An Accompt presented by Cpt. Samuel Hinkes of sundry Disbursem'^ Legislative 
for Repairs at His Majestys Fort Mary, Amounting to the Sum of £2. 9. councif xii\ '*^ 
[Read and] 383^ 



Resolved that the Sum of Forty nine shillings be allowed & paid out House Jour 



of the publick Treasury to the Accomptant Samuel Hinkes in full Dis- 
charge thereof. [^Passed Jidy 1. 



nal, p. 71. 



. CHAPTER 98. 

RESOLVE FOR THE PAY OF THE LIEUT. GOV^^ GUARD. 

The Secretary carried down the following Message from His Honour Legislative 
the Lieut. Govern'' to the House of RepreseW^^ Viz, CoiSxm!','' 

Gentlemen of the House of Represent'"'''' In Answer to your 360, 383.' 

Message to me this Morning, I now acquaint you That (besides a House Jour- 
Guard of fifty or sixty Men which I shall order to be raised in the a^Ii^^j, leif*" 
County of York, to save the Charge of Transportation, whose Pay chap'. 75. 
ought now to be settled,) I expect a Number of Gentlemen of both 
Houses to accompany me to the Eastward, that so 1 may see the 
Indians in such a Manner as may be convenient & for the Honour 
of the Government ; And I desire you would make Provision accord- 
ingly. 

[Read and] 



174: 



Province Laws {Resolves, etc.). — 1727. [Chaps. 90-101.] 



Resolved that there be allowed and paid out of the publick Treasury 
to each effective Man that shall be raised by Order of His Honour the 
Lieuten' Govern"' & Commander in Chief to wait on him Eastward the 
Sum of Two shillings per Diem besides Subsistence, & so in Propor- 
tion to the Officers of the Guard. \_Passed Jtdy 1. 



CHAPTEE 99. 



RESOLVE ALLOWING £4. 3. 6 TO CPT. SAM''' HINKES. 



Legislative 
Records of the 
Council, xiii., 
383. 

House Jour- 
nal, p. 55. 
Ante, p. 139, 
chap. 13. 



A Petition of Cpt. Samuel Hinkes, Shewing that by Mistake he 
omitted out of his Muster Roll (last made up) of the Garrison at 
Fort Mary, lately under his Command, the Name of John Thomas a 
Centinel in said Garrison, To whom is justly due the Sum of Four 
Pounds three shillings & six pence, Praying that the same may be 
allowed the said Thomas. 

Read [and Accepted] & 

Resolved that the Sum of Four Pounds three shillings & six pence 
be allowed & paid out of the publick Treasury to the said Cpt. Hinkes 
for the Use of the said Thomas in full of the said Thomas's Service 
within express'd. \_Passed July 1. 



Legislative 
Records of the 
Council, xiii., 
383. 

House Jour- 
nal, p. 69. 



CHAPTEK 100. 

RESOLVE ALLOWING THE PAYMENT OF CPT. JN" PENH.\LLOW'S MUSTER 

ROLL. 

A Muster Roll of the Company late in His Majestys Service Eastw* 
under the Command of Cpt. John Penhallow Containing an Accompt 
of Wages due to them for their Service from the 26"' of August 1726, 
to the 25* of Septem' following, Amounting to the Sum of £27. 5. 10. 

[Read and Accepted and] 

Resolved that the Sum of Twenty seven Pounds five shillings & ten 
pence be allowed & paid out of the publick Treasury to the Officers 
and Soldiers born thereon, to whom it is due in full Discharge thereon.^ 
\_Passed July 1. 



CHAPTER 101. 



VOTE ADDING M^ BERRY TO THE COMMITTEE GOING EASTW». 



Legislative 
Records of the 
Council, xiii., 
384. 

House Jour- 
nal, p. 74. 
Ante, p. 165, 
chap. 77. 



M^ Thomas Gushing one of the Committee for English Claims to the 
Lands in the Eastern Parts of this Province Moving that, as his priA-ate 
Affairs will l)y no means allow his going Eastward at this Time, he 
might be excused ; 

Voted that M"^ Berry be added to the Committee. \_Passed July 3. 



1 Sic. 



[1st Sess.J Province Laws {Resolves^ etc.). — 1727. 175 



CHAPTEK 102. 

ORDER REFERRING THE PET""'^ OF THE INHAB" OF THE SOUTH PART 
OF DEDHAM TO THE NEXT GENERAL COURT. 

A Petition of Joseph Ellis, Jiunes Fisher & a considerable Number Legislative 
of other Inhabitants of the South Part of the Town of Dedham Setting coSidf, xm!!^ 

forth that they are situate at a great Distance from the Place of pub- 'i^ 

lick Worship in the said Town, by reason of which they are put to Legislative 
great Difficulties & Charges, that they have at several Times applied coum^if, xhI,^ 
them selves to the said Town for their Consent to their being set off a *^'- H""*^®.., 
distinct Precinct, Which they have refused to grant ; Therefore Pray- 'Ante, p.'ioi,' 
ing that this Court would appoint a Committee to view their Situation chap. 271. 
& consider their Circumstances in Order to their being set off a sepa- 
rate Precinct or that the Meeting House in the said Town be removed 
nearer to the Center. 

Read & 

Ordered that this Petition be refer'd to the next Session of this Court, 
And that the Petitioners serve the Town of Dedham as soon as may 
be with a Copy thereof, that they shew Cause, if any they have on the 
first Fryday of the said Session why the Prayer of the Petition should 
not be granted. [_Passed July 4. 



CHAPTER 103. 



RESOLVE ALLOWING £3. 18 TO CPT. JA. WOODSIDE. 



An Accompt presented by Cpt. James Woodside of Cord Wood for Legislative 
the Garrison at Fort Mary at Winter Harbour, Gundaloe Hire for councif, xnf,^ 
transporting it &c. Amounting to the Sum of £3. 18o 386. 

[Read and Accepted and] House Jour. 

Resolved that the Sum of Three Pounds eighteen shillings be allowed "'^^•p-^''- 
& paid out of the publick Treasury to the Accomptant in full Discharge 
thereof. \_Passed July 4. 



CHAPTER 104. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GAR- 
RISON AT FORT MARY. 

A Muster Roll of the Garrison in His Majestys Service at Fort Legislative 
Mary at Winter Harbour under the Command of Cpt. James Woodside Cmmcif, xiii^^ 

Containing an Accompt of Wages due to them for their Service from '^ !_ 

March 5. 1726, to June 25. 1727, Amounting to the Sum of £79. 4. 1. HouseJour- 
[Read and Accepted and] °'^^' ^- ^• 

Resolved that the Sum of Fifty eight Pounds fourteen shillings 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, Agreable to the Committees Report ; the Sum of Five 
Pounds fifteen shillings & eight pence being taken out of Cpt. Wood- 
sides Wages for so much advanced to him by M"' Ti-easurer as appears 
by M"' Treasurers Accompt. \_Passed July 4. 



176 



Province Laws (^Resolves, etc.). — 1727. [Chaps. 105-107.] 



CHAPTER 105. 



Legislative 
Records of the 
Council, xiii., 

388. 

House Jour- 
nal, p. 75. 
Province 
Laws, X., 178, 
chap. 60. 



ORDER ON MILTON PETITION TO BUILD A MEETING HOUSE. 

A Petition of Mauasseh Tucker & others a Conmnttee for the Town 
of Milton, Shewing that for divers Years past they have been under 
great Difficulties with respect to the erecting & placing a new Meet- 
ing House, parti}' thro a Disagreeni' among them selves, & partly thro 
the Impracticahleness of purchasing the J^and assign'd by the General 
Court ; That the Inhabitants of the Town legally warned have agreed 
upon the South West Corner of John Trotts Land, adjacent to the 
Road, joining to the Land of Nathaniel Pitcher, Avhich the first Com- 
mittee of the General Court judged the most convenient Place for 
building their Meeting House ; Therefore Praying the Allowance of 
this Court that they may build their Meeting House on the said John 
Trotts Land, Agreable to the Vote pass'd by the Town afore said. 

Read & 

Ordered that the Prayer of the Petition be granted, The former Order 
of this Court Notwithstanding. \_Passed July 4. 



CHAPTER 106 



RESOLVE ALLOWING £8. 8 TO JOHN ASHLEY ESQ«. 



Legislative 
Records of the 
Council, xiii., 

388. 

House Jour- 
nal, pp. 9, 11. 



An Accompt presented by Cpt. John Ashley of Expresses sent in 
the Service of the Province 

[Read and Accepted and] 

Resolved that the Sum of Eight Pounds eight shillings ^ be allowed & 
paid out of the publick Treasury to M"" John Gun to be by him repaid 
to whom it is due to discharge the said Accompt. \^Passed July 4. 



CHAPTER 107. 



Legislative 
Records of the 
Council, xiii., 

388. 

House Jour- 
nal, pp. 62, 77. 



RESOLVE ALLOWING -10/ TO JOSH. PARKER. 

A Petition of Joshua Parker, Shewing that while he was in the Ser- 
vice of the Province on the AVesteru Frontiers in the Year 1725, under 
the Command of Cpt. Samuel Willard he was sent on several E-xpresses 
for the Goverum' by Oi-der of the Officers, Praying that this Court 
would make him an Allowance out of the publick Treasury for the 
same. 

[Read and] 

Resolved that the Sum of Forty shillings be allowed & paid out of 
the publick Treasury to the Memorialist Joshua Parker in full Satis- 
faction for the Services within mentioned. [Passed July 4. 

' The House Journal reads, £9. 8. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1727. 177 



CHAPTER 108. 

RESOLVE ALLOWING £10 TO ISP SAM'-'' HUNT. 

A Petition of M'' Samuel Hunt, Sliewiug that he has esteemed him Legislative 
self as a Missionary from this Court ever since he has been in the AYork councu, xUL^^ 
of the Ministry at Dartmouth, that he has accordingly had Encouragem' 3iJ»- 
therein for several Years by Grants out of the publick Treasury ; which House Jour- 
has been a great Part of his Support in that Office, that he has received Province 
no Allowance from this Court since the Year 1725, And his Allowance ^^;?^'®'3]V; ||g' 
from his People there being very small and insufficient, for his Support, chap'. 62.' ' 
Therefore Praying for the further Bounty of this Court. 

Read [and Accepted] & 

Resolved that the Sum of Forty Pounds be allowed & paid out of 
the publick Treasury to the Rev*^ M'' Samuel Hunt for his Support &, 
Encouragem' in the Work of the Ministry at Dartmouth. \_Passed 
July 5. 



CPIAPTER 109. 

ORDER GRANTING SURVEY OF LANDS ON MEM« OF INHABts & PRO- 
PRIET'^s OF NORTHFIELD. 

A Memorial of the Inhabitants & Proprietors of the Town of North- Legislative 
field, vShewing that there has never yet been any Lines or Boundaries council, xiu., 
of their Town run & settled & returned to this Court for Confirmation, ?^ 



that they have lately been at the Charge of a Surveyor & Chain men on Ji^oi^^?*^"^f ,, 
Oath to survey the Bounds of their Town according to the Grants of council, ix., 
the Court ; And a Plat of the said ToAvn according to the said Survey jo"i\rrm?,^pp. 
is herewith exhibited, Praying that this Court would confirm to them 77, 78. Proy- 
the Lands of their Township, as contained & delineated in the said 3:56,%hap.^i6oY' 

Plat. X., '-297, chap. 

In the House of Represent"^' Read & 

Ordered that Coll. Stoddard, M' Gun & M'^ Wright be a Committee 
at the Charge of the Petitioners to run the Lines of the Town of North- 
field by a skilful Surveyour & Chain men, Agreable to the several Grants 
made by this Court to the said Town, & return a Plat thereof to the 
Court in their next Fall Session for Confirmation. 

In Council ; Read & Concur'd, The Survey of the first Grant of eight 
Miles square to begin on the East Side of the River at the lower End 
of the three little Meadows, & so to extend eight Miles up the River. 

In the House of Represent'"^' Read & Concur'd. [Posseri Jid>/ 5. 



CHAPTER 110. 

ORDER IMPOWERING ELIS-^ USHER TO TAKE A RECONVEYANCE OF 

LAND. 

A Petition of M''' Elizabeth Usher of Charlestown Adminisf" to the Legislative 
Estate of John Usher Escf her late Husband Dec'^ Shewing that her said ^^^^^^ ^f^f ^ 
Husband in his Life Time ; viz, on the 30"' of July 1 726, for reasons best 390. 
known to him self made a certain Deed of Bargain or Sale to Edmund House Jour- 
Goffe Esq'' of the Northermost Part of his Farm near IMedford called '^-'^i. P-so. 
Ten Hills lying in Charlestown, to hold to the said Goffe his Heirs & 



178 



Peovince Laws {Resolves, etc.). — 1727. [Chaps. Ill, 112.] 



Assigns for ever, & subjoined to the said Deed a Receipt for £1,050, 
as tlie Cousideratioa Money for the said Estate ; But notwithsta^iding 
the said John Usher took a Bond of the said Goffe for the Penalt}' of 
£2,000, Declaruig that the said Consideration Money was never paid 
& Conditioned tliat the said Goffe should reeonvey the said Estate on 
Demand, to the said Usher & his Heirs, That the said Estate is not 
conveyed back tho the said Usher is dead. And there being a Doubt 
Whether tlie said testate or any Part thereof can be sold to pay the 
Deceaseds Debts, if it be reconveyed to the Heirs of the said Usher 
according to the Terms of the said Obligation, Therefore Praying that 
the Petitioner as Administ" may be impowered to take a Conveyance 
of the said P^state for these Uses only ; viz, for the Sale of so much as 
may be necessary to pay the Debts of the Deceased, And the Residue 
to be for the Heirs of the said John Usher Esq'' for ever. 

Read & 

Ordered that the Prayer of this Petition be granted, & that the Peti- 
tioner be & hereby is impowered to take a Reconveyance of the Lands 
mentioned in the Petition as she is sole Adminisf of the Estate of John 
Usher P^sq"' Dec'' her late Husband, To hold to her & her Heirs to these 
only Uses & Intents ; viz, by the Sale of so much & of such Particular 
Parcel or Parcels thereof as shall be judged proper by the Justices of 
the Superior Court to allow of (after her Accompt of Administration 
has pass'd the Judge of Probates Allowance) & the Rest & Residue 
thereof to be for the only Use of the Heirs of the said John Usher for 
ever ; Any Law, Usage or Custom to the Contrary notwithstanding. 
[Passed July 5. 



CHAPTER 111 



VOTE FOR TROVIDING CHAPLAINS AT THE TRADING HOUSES. 



Legislative 
Records of the 
Council, xiii., 
39-2. 

Legislative 
Records of the 
Council, xiii., 
392. House 
Journal, p. 82. 



In the House of Represent^" 
Voted that a Message be sent up to the Hon"^'^ Board to acquaint 
them that the House are very ready & willing to make a suitable & 
honourable Allowance for the Chaplains proposed to be sent Eastward, 
as soon as the House is informed of the Persons thought proper to be 
sent & capable of going through that great Work ; And that the 

Rev*^ M'' President Wadsworth and M"" ScAvall with such as the Hon*"'* 
Board shall join be a Committee to enquire after & procure two pru- 
dent & discreet Persons of good Learning, exemplary & of very cir- 
cumspect Lives & Conversations & well disposed & spirited to that 
good Work ; And that the}' report thereon as soon as may be : In 

Council ; Read & Concur'd, And the Rev'' D'' Cotton Mather is joiu'd 
in the Affair. [^Passed July 6. 



CHAPTER 112. 



Legislative 
Records of the 
Council, xiii., 
392. 

Legislative 
Reconls of the 
Council, xiii., 
391. House 
Journal, p. 81. 
Ante, p. 152, 
chap. 45. 



VOTE FOR SUPPLIES FOR THE INDIANS. 

Resolved that M'' Treas"' Allen be & hereby is ordered & directed to 
furnish & supply such necessary & convenient Supplies for the Indians 
His Honour has proposed to meet at the Eastward, as His Honour &. 
the Council may think proper on the Occasion thereof. \_Passed July 6. 



[1st Sess.] Province Laws (liesolves, etc.). — 1727. 179 



CHAPTER 113. 

RESOLVE ALLOWING £100. 12. 9 TO SUNDRY PARTIES FOR CLEANING & 

MENDING ARMS. 

An Accompt presented by IM"^ Treasurer Allen & Joseph Wadsworth ^f^^rd^Jf the 
Esff of the Charge of Cleaning & Mending the Province Arms by sev- Council, xiii., 

eral Gun Smiths according to their particular Notes, Amounting to the — 

Sum of £1 00. 1 2 . 9 . ^."i^^^ s^r '"■ 

[Read and] 

Resolved that the Sum of One Hundred Pounds twelve shillings & 
nine pence be allowed & paid out of the publick Treasury to Joseph 
Wadsworth Escf to be [by] ^ him repaid to the Persons to whom the 
same is due in full Discharge of their respective Accompts. [^Passed 
July 6. 

CHAPTER 114. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP 

ENDEAV. 

A Muster Roll of the Sloop Endeavour a Transport in the Service Legislative 
of this Province under the Command of Cpt. Thomas Saunders, Con- councu^.xm!!® 

taiuing an Accompt of Wages due to the said Master & Company for 393^ 

their Service from the 8* of Octob' 1726, to the 30* of June 1727, House Jour- 
together with the Hire of the said Sloop the said Time, Amounting ^^^' P" ®"^" 
to the Sum of £332. 10. 

[Read and Accepted and] 

Resolved that the Sum of Three Hundred & thirty two Pounds ten 
shillings be allowed & paid out of the publick Treasury to the Persons 
born on this Roll to whom the same is respectively due in full Discharge 
thereof. \_Passed July 6. 



CHAPTER 115. 

RESOLVE ALLOWING £5. 12 TO EDM» MOUNTFORTH. 

An Accompt presented by Edmund Mountforth of Service performed ^'^^^rd^^^f th 
by him at the Eastward in Delivering Stores &c, from the 23'^ of Novem- couucu, xiii., 

ber to the 25"' of Decem"^ 1725, Amounting to the Sum of £5. 12. '^^ 

[Read and Accepted and] ST?s2^" 

Resolved that the Sum of Five Pounds twelve shillings be allowed & 
paid out of the publick Treasury to the Accomptant Edmund Mount- 
forth in full Discharge thereof. [_Passed July 6. 



CHAPTER 116. 

VOTE FOR A TOWN MEETING AT SOUTHBORO. 



Ordered that Cpt. William Ward a principal Inhabitant of the Town Legislative 
f Southboro, be impowered and directed to notify & summon the In- councif xm!^* 

393. 
> Inserted from the State Library copy, Legislative Records of the Council, xiii., 390. 



180 



Province Laws (^Resolves, etc.). — 1727. [Chaps. 117-119.] 



House Jour- 
nal, p. 83. 



habitants duly qualified for Voters to assemble & convene for the chus- 
ing of Town Ofliccrs to stand until the next annual Election according 
to Law. \_Passed July 7. 



Legislative 
Records of tlie 
Council, xiii., 
395. 

House Jour- 
nal, p. 84. 



CHAPTEE 117. 

RESOLVE ALLOWING £177. 3. 6 TO COLL. TS'' SCHL'YLER. 

An Accompt presented by Coll. John Schuyler of sundrj' Disbursem" 
for the Service of the Province, of Time & Expence in his own & his 
Sons Journej' to Canada at the Desire of the Governm' &c, 

[Read and Accepted and] 

Resolved that the Sum of One Hundred & seventy seven Pounds three 
shillings & six pence be allowed & paid out of the publick Treasury to 
the Accomptant Coll. John Schuyler or his Order in full of all Demands 
on the Province for the Services, Disbursem" &c within mentioned. 
\_Passed July 7. 



Legislative 
Records of the 
Council, xiii., 
395. 

Legislative 
Records of tlie 
Council, xiii., 
83. House 
Journal, p. 84. 



CHAPTER 118. 

VOTE IMPOWERING M« JACOB WENDELL TO SELL V^ GOODS OF THE 
PROVINCE AT ALBANY. 

An Accompt or Invoice given in by Coll. John Schuler of the Goods 
belonging to the Province lying at Albany & in his Custody, being the 
Remainder of what was sent by the Order of the Governm' in the Year 
1726.^ 

[Read and] 

Voted that M"" Jacob Wendell be impowered & directed to dispose 
of what Goods the Province now have in the Hands of Coll. John 
Schuyler to the best Advantage, & according to the Invoice of them 
sent W M' Treas' Allen ; And in Case the Goods will not fetch the 
Price, then the said M' Wendell is desired to take the first & safest 
Conversance to have them transported to Boston to the Province Treas- 
urer. [^Passed Jidy 7. 



CHAPTER 119. 



Legislative 
Records of the 
Council, xiii., 
396. 

House Jour- 
nal, p. 85. 



RESOLVE ALLOWING £8. 13. 6 TO ^AM}-^ TYLEY. 

An Accompt presented by M"" Samuel Tyley of Writing done for 
the Publick from Jan'' 3. 1726, to this Time, Amounting to the Sum 
of £8. 13. 6. 

[Read and] 

Resolved that the Sum of Eight Pounds thirteen shillings & six pence 
be allowed & paid out of the publick Treasury to the Accomptant Samuel 
Tjdej' in full Discharge thereof. \_Pa.ssed July 7. 

' The order appears to have been given December 17, Vi'17^. — Legislative Records of 
the Council, xiii., 83. 



[1st Sess.] Pkovince Laws {Resolves^ etc.). — 1727. 181 

CHAPTER 120. 

RESOLVE ALLOWING £8. 19 TO JOS. MARION. 

An Accompt presented by M" Joseph Marion of Writing done for Legislative 
the Publick, from Jaii^ 1726, to this Time, Amounting to the Sum of councif xm ^^ 
£8. 14. :3i)(;. ' ' •' 

[Read and] House Jour- 

Resolved that the Sum of Eight Pounds fourteen shillings ^ be allowed ^^ > p* ' • 
& paid out of the publicly Treasury to the Accomptant Joseph Marion 
in full Discharge thereof. [_Passed July 7. 



CHAPTER 121. 

RESOLVE ALLOAVING £20. 19. 6 TO BENJ^ ROLFE. 

An Accompt presented by M'' Benjamin Rolfe of Writing done for Legislative 
the Publick from Jan^ 1726, to this Time, Amounting to the Sum of councif xiii''® 
£20. 19. 6. 3i)6. ' " " 

[Read and] House Jour- 

Resolved that the Sum of Twenty Pounds nineteen shillings & six "'"i'' p- '^'^• 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant Benjamin Rolfe in full Discharge thereof. \_Passed July 7. 



CHAPTER 122. 

RESOLVE ALLOWING £31. 15 TO ZECH-^ TRESCOT. 

A Petition of Zechariah Trescot Keeper of His Majestys Goal in Legislative 
Boston, Praying the Allowance of his Accompt annex'd, for Keeping councif xiii*^^ 
Sarop an Indian Hostage thirty three Weeks & furnishing him with 396. 
necessary Cloathing & that he ma}' be allowed for his going Express House Jour- 
Eastward as also for his Wounds received in the publick Service. nai, p. 85. 

Read & 

Resolved that the Sum of Thirty one Pounds fifteen shillings be allowed 
& paid out of the publick Treasury to the Accomptant & Memorialist 
Zechariah Trescot in full Discharge of the same. \_Passed July 7 . 



CHAPTER 123. 

RESOLVE ALLOWING £400 TO THE LIEUT. GOVERN^. 

Resolved that the Sum of Four Hundred Pounds be allowed & paid p^^^®.!?"^? .^ 
out of the publick Treasury to the Hon^''^ William Dummer Esq"" Lieu- councir.xiii.,^ 
ten' Govern'' & Commander in Chief of this His Majestys Province for f 



m. 



his Support & to enable him to manage the Affairs of the Governm'. House Jour- 

r r> 7 T 7 ^ nal, p. 86. 

\_Passed July 7. 

1 The House Journal reads, £8. 19. 



182 



Province Laws (Resolves, etc.). — 1727. [Chaps. 124-128.] 



CHAPTER 124. 



RESOLVE ALLOWING £300 TO THE JUSTICES OF THE SUP'^ COURT. 



Legislative 
Records of tlie 
Council, xiii., 
396. 

House Jour- 
nal, p. ■d^. 



Resolved that the Sum of Three Hundred Pounds be allowed & paid 
out of the publick Treasury to the Hon'''* the Justices of His Majestys 
Superior Court of Judicature &c, in proportion to the Courts they have 
attended the last Half Year. \_Passed July 7. 



CHAPTER 125. 

RESOLVE ALLOWING £70 AND A FURTHER SUM OF £30 TO THE SEC- 
RETARY. 



Legislative 
Records of the 
Council, xiii., 
396. 

House Jour- 
nal, p. 86. 



Jtesolved that the Sum of Seventj^ Pounds be allowed & paid out of 
the publick Treasury to Josiah Willard Esq"^ Secretary of this Province 
for his extraordinar}^ Service the last Half Year, And that the further 
Sum of Thirty Pounds be allowed & paid out of the publick Treasury 
to the said Josiah Willard Esq"" in Consideration of the publick Affairs 
at this Time calling for sundry things to pass that Office necessarily 
requiring a more strict Attendance from him to effect those Matters, 
Man}' of which have no stated Fee or Allowance. \_Passed July 7. 



CHAPTER 126. 



RESOLVE ALLOWING £250 TO THE TREAS^. 



Legislative 
Records of tlie 
Council, xiii., 
397. 

House Jour, 
nal, p. 86. 



Resolved that the Sum of Two Hundred & fifty Pounds be allowed 
&, paid out of the publick Treasury to Jeremiah Allen P^sq'' Treasurer 
of this Province for his Service the Year past in the Treasury &c. 

\_Passed July 7. 



CHAPTER 127. 



RESOLVE ALLOWING £360 TO THE PRESID^ OF HAR. COLLEGE. 



Legislative 
Records of the 
Council, xiii., 
397. 

House Jour- 
nal, p. 86. 



Resolved that the Sum of Three Hundred & sixty Pounds be allowed 
& paid out of the publick Treasury to the Rev'' M' Benjamin Wadsworth 
President of Harvard College in Cambridge, to enable him to manage the 
weighty & important Affairs of that Society the Year Curr' The Money to 
be paid him Quarterlj'. [^Passed July 7. 



CHAPTER 128. 

VOTE APPOINTING A COMMtee tO PREPARE A BILL TO PREVENT OP- 
PRESSION BY ANY ALTERATION IN THE VALUE OF Y^ BILLS OF 
CREDIT. 



Legislative In the Housc of Represent^'' 

Councif, xiii!'*' Voted that M^ Speaker, M^ Remington, M^ Lewis & M' TTadsworth 

397. with such as the Hon'''® Board shall appoint be a Committee in the 



[1st Sess.] Province Laws {Resolves, etc.). — 1727. 183 

Recess of the Court to project & i)repare a Bill or Bills for the pre- Province 

/-x • ,. , 1 . IX 1 i r\ ^■^^ \^ , Laws, li., 5S9, 

venting any Oppression that may happen to iJebtors or breailois Dy chap. 13. 
reason of any Alteration in the Value of the Bills of publick Credit 
on this Province, & make Report thereof to this Court in their next 
Sessions: In Council; Read & Concur'd, And Thomas Fitch, 

Edmund Quincy & Jonathan Belcher Esq" are join'd in y"' Affair."^ 
\_Passed July 7. 



CHAPTER 129. 

ORDER APPOINTING A COMMTee qF BOTH HOUSES TO PREPARE FOR 
THE GOVERN«s RECEPTION. 

In Council ; Whereas according to the last Advices from London Legislative 
His Excellency the Govern'' was preparing for his Return to his Gov- councn, xiil!^ 

ernm" And therefore his Arrival may be soon expected ; And His 397^ 

Honour the Lieutenant Governor being ready to embark on his Voy- Legislative 
age to the Eastward in Order to ratify the Peace with the Indians ; councif, xi., ^ 
^Ordered that Penu Townsend, Nathaniel Byfield, Jonathan Belcher f^;^^^^"^^^^- 
& Daniel Oliver Esq" with such as shall be appointed by the Hon""'^ ^n<e, p.'ieC" 
House of Represent''^' be a Committee to provide for His Excelleucys *^^^p- ''^• 
Reception when he shall arrive : In the House of Represenf^' 

Read & Concur'd ; & 

Ordered that William Dudley Esq'' Joseph Wadsworth P^sq'' M"" Ezekiel 
Lewis, M"" Thomas Cushing, Nathaniel Green Esq'' Jonathan Remington 
Esq-" M'' Stephen Hall, M^ William Smith & M^ Treasurer be joined in 
the Affair. [^Passed July 7. 



CHAPTER 130. 

RESOLVE ALLOWING PAYMENT ON CPT. W-^ WOODSIDES MUSTER ROLL. 

A Muster Roll of the Garrison in His Majestys Service at Fort Legislative 
George at Brunswick under the Command of Cpt. William Woodside, councif.xiii., 
Containing an Accompt of Wages due to them for their Service from ^rcMves^xci 
the 22*^ of Decern"" 1726, to the 28* of June 1727, Amounting to the 25L 



Sum of £173. 3. 8. Mass. 

Together with an Accompt of Cord wood provided for the said Gar- ^io^^mt' 260.'' 
rison. Subsistence of two Indians sent to Canada &c. Amounting to the House Jour- 
Sura of £25. 16 & an other Accompt of Graving the Province Boat, Pro- ^^^' ^' "' 
viding of Whale boat Oars, Treating of divers Indians at sundry Times 
before the late Treaty at Falmouth, Amounting to the Sum of £6. 19. 10. 
Read and Accepted and 
, Resoloed That according to the above Report there be allowed and 
paid out of y*" publick Treasury the Sum of One Hundred and Sixt}^ 
pounds Six shillings and One penny to the Officers and Soldiers born 
thereon to whom the Same is respectively due in full discharge of the 
Wages thereof, and that the further siJm of Twenty pounds. Sixteen 
shillings and ten pence be allowed and paid out of the publick Treas- 
ury to the Accomptant Cap' William Woodside in full discharge of the 
Several Accompts presented with the Muster Roll. [^Passed July 7.- 

1 Not found in the House Journal. 

'^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 8. 



184: 



Province Laws (i2e6-oZye.s-,e<6'.). — 1727. [Chaps. 131-135.] 



Legislative 
Records of tiie 
Council, xiii., 

398. 

House Jour- 
nal, p. 86. 



CHAPTER 131. 

RESOLVE ALLOAVING 4/ TER DIEM TO THE SPEAKER. 

Resolved that there be allowed & paid out of the publick Treasurj'- 
after the Rate of four shillings per Diem for every Day of the present 
Session of this Court upon Certidcate from the Clerk of the House to 
the Hon''''^ William Dudley Esq' Speaker in Consideration of his con- 
stant Application in dispatching tlie publick Affairs of the Province. 
[^Passed July 8. 



CHAPTER 132. 



Legislative 
Records of the 
Council, xiij., 

398. 

House Jour- 
nal, p. 86. 



RESOLVE ALLOWING £30 TO ¥*• CLERK OF THE HOUSE. 

Resolved that the Sum of Thirty Pounds be allowed & paid out of 
the publick Treasury to John Wainwright Esq"" Clerk of the House in 
Part for his Service the Year Currant. [^Passed July 8. 



CHAPTER 133. 



RESOLVE ALLOAVING £10 TO THE DOOR KEEPER. 



Legislative 
Records of the 
Council, xiii., 

398. 

House Jour- 
nal, p. 86. 



Resolved that the Sum of Forty Pounds be allowed & paid out of the 
publick Treasury to ^F Richard Hubbard Door Keeper to His Honour 
the Lieut. Goveru"^ & this Court for his Service half a Year, which will 
determine the 19"' Day of August next. [Passed July 8. 



CHAPTER 131. 



Legislative 
Records of the 
Council, xiii., 
398. 

House .Jour- 
nal, p. 87. 



RESOLVE ALLOWING 38/ 4 TO JOHN SALE. 

An Accomft presented by John Sale of the Expences of a Comm'*"^ 
of the Represent™' at his House, Amounting to the Sum of £1. 18. 4. 

[Read and] 

Resolved that the Sum of Thirty eight shillings «fc four pence be 
allowed & paid out of the publick Treasury to the Accomptant John 
Sale in full Discharge thereof. [Passed July S. 



CHAPTER 135. 



RESOLVE ALLOWING £28. 5 TO REB. HOLMES. 



Legislative 
Records of the 
Council, xiii., 

398. 

House Jour- 
nal, p. 86. 



An Accompt presented by M^* Rebecca Holmes of the Expences of 
several Committees of the General Court at her House, Amounting to 
the Sum of £28. 5. 

[Read and] 



[1st Sess.] Province Laws (Besolves, etc.). — 1727. 185 

Eesolved that the Sum of Twenty eight Pounds five shillings be allowed 
& paid out of the publick Treasury to the Accomptant Rebecca Holmes 
in full Discharge thereof. \_Passed July 8. 



CHAPTER 136. 

ORDER FOR A TOWN MEETING AT PROVINCE TOWN. 

Ordered that M"" Ezekiel Gushing, a principal Inhabitant of the Town Legislative 
of Province Town, be impowered and directed to notify & summon the counclf, x^in'i'f 
Inhabitants duly qualified for Voters to meet &, assemble for the chus- 399. 
ing of Town Officers to stand until the next annual Election according House Jour, 
to Law. [Passed Jidy 8. ''^^' P' '^• 



CHAPTER 137. 

RESOLVE ALLOWING £22. 11 TO BART. GREEN. 

An Accompt presented by Bartholemew Green for Paper & Printing Legislative 
of Proclamations &c, by Order of the Lieuten' Govern'' & Council from coimc*if xm!^^ 
the 2"^ of June 1726, to the 2'' of Juue 1727, Amounting to the Sum of 399. 

j£22. 11. House Jour- 

[Read and] nai, pp. 30, 3i. 

Resolved that the Sum of Twenty two Pounds eleven shillings be 
allowed & paid out of the publick Treasury to the Accomptant Bar- 
tholemew Green in full Discharge thereof. [Passed July 8, 



186 



Province Laws {Resolves, etc.). — 1727. [Chaps. 138-140.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON THE Sixteenth Day of August, A.D. 1727. 



CHAPTEE 138. 



Legislative 
Recdrils of tlie 
Council, xiii., 
40-2. 

House Jour- 
nal, p. 91. 
Province 
Laws, ii., 418, 
■chap. •!. 



VOTE FOR LENGTHENING OUT THE TIME ALLOWD THE ASSESS"^ &c. 

Whereas the Assessors of the several Towns are obliged to take an 
Accompt of the Polls & Estates within their respective Towns in this 
present Month of August, And the Time being almost elapsed ; 

Voted that the Time be prolonged, & that the}^ be obliged to do that 
Service at or before the last Da}^ of September next; Any Thing in the 
Act entitled An Act for the better Inquiry into the rateable Estate of 
this Province Notwithstanding. \_Passed August 18. 



CHAPTER 139. 



Legislative 
Records of the 
Council, xiii., 
402. 

House Jour- 
nal, p. 91. 
Ante, p. 1C4, 
■chap. 75. 



RESOLVE ALLOWING £20 TO CPT. CYP. SOUTHACK. 

A Memorial of Cpt. Cyprian Southack, Shewing that by Order of 
the Lieuten' Govern' He attended His Honour in his late Voyage East- 
ward for ratifying the Peace with the Norridgewock Indians & other 
Tribes, & had the Care & Managem' of the Ship Martha Galley as a 
Pilot, That, when at Casco Bay, he directed the Master of the Mast 
Ships to suitable Places for their Loading Masts as also for Anchoring 
their Ships in the AVinter Season ; which will be of great Benefit to the 
Trade of this Province ; And therefore Praying the Consideration of 
this Court for his late Services aforesaid. 

Read &, In Answer to this Memorial 

Resolved that the Sum of Twenty Pounds be allowed & paid out of 
the publick Treasury to the Memorialist Cpt. Cyprian Southack in full 
Discharge of the Services within mentioned. [Passed August 18. 



CHAPTER 140 



Legrislative 
Records of the 
Council, xiii., 
404. 

House Jour- 
nal, p. 91. 



RESOLVE ALLOWING £15 TO SAM^-i- PROCTORS PETITION, 

A Petition of Samuel Proctor of Falmouth, Shewing that in the 
Year 1725, Coll. Thomas "Westbrook took up a Gundaloe belonging 
to the Petition' for the Service of the Province ; which was carried 
away to Sea & lost. Praying that this Court would make him an 
Allowance sufficient to satisfy him for the said Loss. 



[2d Sess.] Province Laws {Resolves, etc.). — 1727. 187 

Read & In Answer to this Memorial 

Resolved tliat the Sum of Fifteen Pounds be allowed & paid out of 
the publick Treasury to the Memorialist Samuel Proctor in full Sat- 
isfaction for the Loss of the Guudaloe within mentioned. \_Passed 
August 18. 



CHAPTER 141. 

VOTE AS TO THE DIRECTION OF Y^ ADDRESS TO HIS MAJESTY. Legislative 

Kecords of the 
Council, xiii., 

Voted that the Address of this Court to His Majesty be sent to M"" m^ 

Agent Dummer, who is desired to improve the first seasonable Oppor- Legislative 
tunity to present the same ; And in Case the Agent be any ways dis- councif, xiiil^ 
abled, that M'' Francis Wilks be desired to present the same, And that ^^^'^fj^-'^^-^^ 
the Whole be directed to him. \_Passed August 19. Journal, p. 94. 



CHAPTER 142. 

ORDER IMPOWERING THE PETITION^^R^ OF THE WEST PRECINCT IN 
YARMOUTH TO ENTER AN APPEAL FROM A JUDGMENT. 



A Petition of Samuel Sturges Agent for the West Precinct in Yar- Legislative 
mouth, Shewing that the Rev'^ M"" Daniel Greeuleaf their Minister ex- councu'xiii 
hibited a Petition ao;ainst them at the Court of General Sessions of the ^^ 



Peace held at Barnstable for the County of Barnstable in January last House Jour- 
respecting the Obligation the Town wei'e under for the Payment of bis °'^ * ^' 
Salary, that the said Court ordered that both Precincts in the said Town 
of Yarmouth should be served with a Copy of the said Petition, & then 
coutinued it over to the next Session in April following, when the Court 
gave Judgem' That the said West Precinct should pay the said M"^ Green- 
leaf his Salary from October 1723, to October 1726, at the Rate of £80 
Silver Money 15 peny AVeight or £120 in Province Bills per Annum, 
That at the next Court held in July last the said M' Greenleaf prefer'd 
an other Petition, Upon which issued a Warrant out of the said Court 
Directing the Select men of the said Town to assess the Sum of £360, 
on the West Precinct & Ordering that the same be collected & paid to 
the said M"" Greenleaf ; Praying that they may be allowed an Appeal 
from the said Judgem' of the Sessions to the Superior Court &c. And 
that in the mean Time all Proceedings on the said Warrant be suspended. 

Read & 

Ordered that the Petition" be & hereby are allowed & impowered to 
enter an Appeal from the Judgem* of the Court of General Sessions of 
the Peace within mentioned to the Superior Court of Judicature next 
to be holdeu at Plymouth on the last Tuesday of April next for the 
Counties of Plymouth Barnstable & Dukes County, they filing their 
Reasons of Appeal with the Clerk of the said Court of General Ses- 
sions of the Peace fourteen Days at least before the Time of the Sit- 
ting of the said Superior Court, and also serving the said M'' Greenleaf 
with a Copy hereof upon Filing the said Reasons ; And the Justices 
of the said Superiour Court are also impowered & directed to hear & 
try the Cause on the Appeal, enter up Judgement & award Execution 
accordingly ; And all the further Process on the Judgements of the 
said Courts of General Sessions of the Peace is hereby suspended in 
the mean Time ; Any Law, Usage or Custom to the Contrary Notwith- 
standing. \_Passed August 21. 



188 



Province Laws {Resolves^ etc.). — 1727. [Chaps. 148-145.] 



CHAPTER 143. 



Legislative 
Records of the 
Council, xiii., 
406. 

Legislative 
Records of the 
Council, xiii., 
400. House 
Journal, p. 95. 



RESOLVE ALLOWING £16 TO RICH" HUBBARD. 

Resolved that the Sum of Sixteen Pounds be allowed & paid out of 
the publick Treasury to M'' Richard Hubbard Door Keeper to this Court 
for the Cloathing of him in Mourning upon the sorrowful Occasion of 
his late Maj'^' Death. \_Passed August 21. 



CHAPTER 144. 



Legislative 
Records of the 
Council, xiii., 
407. 

House Jour- 
nal, p. 93. 
Province 
Laws, i., 578, 
chap. 10. 



ORDER DIRECTING THE COMMISSIONERS OF IMPOST TO REFUND THE 
DUTY ON TWO DECEASED NEGROS. 

A Petition of Andrew Trent & Benoni Waterman of the Island of 
Barbados Merchants, Sliewing, that on the 31'' of ^lay last they arrived 
at Boston in the Sloop ]Maith;i Edward C-ooper blaster from Barbados 
aforesaid, having sundry >«'egroe Slaves aboard as their Property, & 
Pursuant to the Law of this Province, they entered the same at the 
Impost Oflice & paid the Duty of Four Pounds per Head, but so it 
was that two of the said Negroes died (being the Property of the Peti- 
tioners) on the twenty ninth of July last, Praying that they may be 
allowed, by an Order of this Court to the Commissiou"" of Impost, to 
draw back the Duty of the said two Negroes. 

Read & 

Ordered that the Prayer of the Petition be granted, And that the 
Commissioner of Impost be & hereby is directed to pay to the Peti- 
tioners the Money they have paid for tlie Duty of the two Dec*" Negroes 
within mentioned. \_Passed August 21. 



CHAPTER 145 



Legislative 
Records of the 
Council, xiii., 
407. 

House Jour- 
nal, p. 93. 



ORDER ON THE PETITION OF EBEN« BILLING & OTHERS OF STOUGH- 
TON AND WALPOLE. 

A Petition of Ebenezer Billing & seven others. Inhabitants of the 
Towai of Stoughton, Setting forth that they live eight Miles from the 
Place of publick Worship in said Town, & not more than two Miles & 
an half from the Meeting House in Walpole, Praying that they may be 
set off from Stoughton & annexed to the Town of AValpole : 

Which was accompanied by a Petition of the Select men of Walpole 
Praying to the same Effect. 

Read & 

Ordered that the Pe[ti]tiouers serve the Town of Stoughton with 
a Cop}^ of these Petitions, that they shew Cause on the first Day of 
the next Fall Sessions, why the Prayer thereof should not be granted, 
And the Petitions are accordingly refer'd to the said Session. \_Passed 
August 21 . 



[2d Sess.] Province Laws (^Resolves, etc.). — 1727. 189 

CHAPTER 146. 

RESOLVE ALLOWING THE CO. TREAS« OF YORK IIIS ACCT. 

An Accompt presented by M' ])uniel Simpson Treasurer of the County Legislative 
of York for the Year 172G, having been laid before tlie Court of Gen- councif, xiii.'^ 
eral Sessions of the Peace for the said County, & by the said Court ^^ 



Examined, Approved & Allowed of : House Jour- 

Read & Accepted & ""^ ' ^' 

Ordered that this Accompt be Allowed. \_Passed August 22. 



CHAPTER 117. 

ORDER ALLOWING JAMES WILLIS A TRIAL OF AN APPEAL FROM A 

JUDGMENT. 

A Petition of James Willis of Boston Mariner Shewing that he Legieiative 
brought an Action against Benjamin Edwards & James Pecker for councif, xiii., 
the Sum of £140 (for'the Forfeiture of a Bond by them entered into) i^ 



at the Inferior Court of Common Pleas for the County of Suffolk held House Jour- 
iu January last, which was tried at the Court in July last (the Peti- " '^' 
tiouer being then in the Province of New Hampshire) and Judgement 
went for the Defendants ; Prom which the Petitioner appealed to the 
next Superior Court of Judicature, but so it was, that the Petitioners 
Attorney M'' George Hughs was taken ill and obliged to be in the 
Country, by which means the Petition'' failed of filing his Reasons of 
Appeal till the Time was elapsed, and a Complaint was entered against 
him at the Superior Court by the Defendants, praying Confirmation of 
the former Judgem' with additional Costs ; And therefore Praying that 
he may be impowered to have a Trial of his Appeal at the next Supe- 
rior Court, & that the Proceedings on the said Complaint may be staid 
in the mean time, & that the -Costs may attend the final Event of the 
said Action. 

Read & 

Ordered that the Prayer of the Petition be so far granted, as that 
the Petitioner be allowed a new Trial of his Appeal, And that the 
Justices of the Superior Court of Judicature be impowered & directed 
at their next Session to be holden for the County of Suffolk to hear 
& determine the said Appeal accordingly, Provided the Petitioner file 
his Reasons of Appeal at the Time appointed by Law, & that he serve 
the adverse Party with a Copy of this Order at least fourteen Days 
before the Sitting of the said Court, the Petitioner to pay the Costs 
hitherto arisen in the said Cause, Any Law, Usage or Custom to the 
Contrary Notwithstanding. [^Passed August 22. 



CHAPTER 118. 

VOTE DIRECTING THE TOWN OF SPRINGFIELD TO PRODUCE GRANTS 
AND MAP OF LAND. 

Voted That the Town of Springfield be Notified by their Representa- Legislative 
tive to produce and lay before this Court at the next Fall Session Copys coundf xhV.'^ 
of the Grant made by the Court unto them as also a plat of that part 410. M.iss. 



190 



FROvmculjAWS (Besolves, etc.). — 1727. [Chaps. 149-151.] 



Archives, 
cxiii., 719. 



House Jour- 
nal, p. 98. 



of their Township which lies on the East Side of Connecticut River that 
so the Court may take order respecting any province Land if any there 
be that lies Contiguous to the said Township. \_Passed August 22. 



CHAPTEE 149. 



RESOLVE ALLOWING £93. 17. 2 TO JOS. BANE. 



Legislative 
Records of the 
Council, xiii., 
411. 

House Jour- 
nal, p. 98. 



An Accojipt presented by Lieut. Joseph Bane of his Service as In- 
terpreter to the Indians at the Truck House at Richmond sixty two 
Weeks ending the 21" of August Curr' at 30/ per Week, Amounting 
to the Sum of £93. 17. 2. 

[Read and] 

Resolved that the Sum of Ninety three Pounds seventeen shillings «fe 
two pence be allowed & paid out of the publick Treasury to the Ac- 
comptant Joseph Bane in full Discharge thereof. \_Passed August 23 . 



Legislative 
Records of the 
Council, xiii., 
412. 

Legislative 
Records of the 
Council, xiii., 
403. House 
Journal, p. 99. 



CHAPTER 150. 

VOTE FOR ARMOURERS AT THE TRUCK HOUSES. 

Voted that the Treasurer be desired to procure & agree with some 
suitable Persons to serve as Armourers at each established Truck 
House. [^Passed August 23. 



CHAPTER 151 



RESOLVE ALLOWING PAYMENT OF COLL. JOHNSON HARMANS MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xiii., 
412. 

House Jour- 
nal, p. 100. 
Ante, p. 173, 
chap. 98. 



A Muster Roll of the Company of Voluntiers late in His Majestys 
Service Eastward, under the Command of Coll. .Tohnson Harman ( being 
a Guard to His Honour the Lieuten' Governour at the late fleeting of 
the Indian Tribes at Falmouth) Containing an Accompt of Wages due 
to them for their Service from the first of July 1727, to the second of 
August following, Amounting to the Sum of £216. 4. 7 And 

An Accompt presented by the said Coll. Harman of the Ferriage 
of the said Company over divers Rivers, the Charge of Transporting 
their Baggage and other incidental Charges Amounting to the Sum 
of £12. 10. 8. 

[Read, and Accepted and] 

Resolved that the Sum of Two Hundred & sixteen Pounds four shil- 
lings & seven pence be allowed & paid out of the publick Treasury to 
the Officers & Soldiers born on this Roll to whom the same is respec- 
tively due in full discharge of the Wages thereof. And that the further 
Sum of Twelve Pounds ten shillings & eight pence be allowed tt paid 
out of the publick Treasury to Coll. Johnson Harman to be by him 
repaid to the Persons to whom the same is respectively due in full Dis- 
charge of the said Accompt of Disbursements. \_Passed August 23. 



12d Sess.J Province Laws {Resolves, etc.). — 1727. 191 



CHAPTER 152. 

RESOLVE ALLOWING £224 IN PAYMENT OF Y'= ATTEND'^ OF THE MEM- 
BERS OF THE COURT ON THE LIEUT. GOV^ EASTW". 

An Accompt presented of the Attenclauee of divers Membei's of His Legislative 
Majestys Council, & of the House of Represent^'^^^ on His Honour the couucu, xiiil!® 
Lieuten' Govern"' at the Ratification of the Treaty with the Indians at ^^ 

Fahnouth in July & August last, Amounting to the Sum of £224. House Jour- 

n^ ^ ^n ■^ ° ° nal, p. 99. 

[Read andj Ante, \^. in. 

Resolved that the Sum of Two Hundred & twenty four Pounds be chap. 98. 

allowed & paid out of the publick Ti-easury to the Persons to whom 

the same is respectively due in full Discharge of the within Accompt. 

\_Passed August 23. 



CHAPTER 153. 

ORDER DIRECTING THE PURCHASE OF A MOORING CABLE FOR THE 
LIGHT HOUSE BOAT. 

A Memorial of Daniel Russel Escf Commissioner of Impost Setting Legislative 
forth that Cpt. John Hayes Keeper of the Light House informs him councif, xm!!^ 

that he wants a new Cable to moor the Light House Boat with (the old 4i2^ 

one being worn out) Praying the Direction of this Court thereon, It House Jour- 
being a considerable Article of Charge °'^ ' ^' 

Read & 

Ordered that the Memorialist be directed to provide a suitable Moor- 
ing Cable for the said Boat & to sell the old one for the best Advantage 
for the Use of the Province. [_Passed August 23. 



CHAPTER 154. 

RESOLVE ALLOWING £147. lf>. 11 TO THE WAITERS SERV^ &c. AT THE 

RATIFICATION. 

An Accompt of divers Waiters, Servants &c, that attended His Legislative 
Honour the Lieuten' Govern"" & the Gentlemen that accompanied him councif xiii.'^^ 
to Falmouth at the Ratification, Amounting to the Sum of £147. 15. 11. 4i3. 

[Read and] House Jour- 

Resolved that the Sum of One Hundred &, forty seven Pounds fifteen ^Ante,'^?iu, 
shillings & eleven pence be allowed & paid out of the publick Treasury chap. 75. 
to the Persons to whom the same is due in full Discharge of the within 
Accompt. \_Passed August 23. 



CHAPTER 155. 

RESOLVE ALLOWING PAYMENT OF CPT. RICHd BOURNS MUSTER ROLL. 

A Muster Roll of a Company of Indians that attended His Honour Legislative 
the Lieuten' Governor Eastward under the Command of Cpt. Richard coimcif xfiil^^ 
Bourn, Containing an Ace' of Wages due to them for their Service ^13. 



192 



Province Laws {Resolves, etc.). — 1727. [Chaps. 156-158.] 



House Jour- 
nal, p. 100. 
Ante, p. 164, 
chap. 75. 



from the 3'^ of July to the o"" of August 1727, Amounting to the Sum 
of £42. 10. 

[Read, and Accepted and] 

Resolved that the Sum of Forty two Pounds ten shillings ^ be allowed 
& paid out of the publick Treasury to the Officer for his Wages, & to 
Shubal Gorham P^sq"" to be by him repaid to the ]Men born on this Roll 
respectively in ful Discharge thereof. \_Fassed August 23. 



CHAPTEE 156. 



VOTE FOR EXCHANGING INDIAN CAPTIVES FOR ENGLISH PRISONERS. 



jLegislative 
Records of the 
Council, xiii., 
413. 

Legislative 
Records of the 
Council, xiii., 
398,403. House 
Journal, p. 'jy. 



Voted that the Represent'^' of the Town of Boston be desired & im- 
powered to treat with the Masters of the two Indian Children & agree 
upon a Price for them in Order to their being had in readiness for an 
Exchange in Case the five English Captives now in the Hands of the 
Indians be restored, & make Report to this Court of their Proceedings 
herein. [^Passed August 23. 



CHAPTER 157. 



RESOLVE ALLOWING £4. 10 TO JAC. CLARK. 



Legislative 
Records of the 
Council, xiii., 
413. 

House Jour- 
nal, p. 98. 



An Accompt presented by Lieut. Jacob Clark, of Expence in Riding 
Express in the Service of the Governra* in June last from Richmond to 
Boston & back. Amounting to the Sum of £4. 0. 10. 

[Read and] 

Resolved that the Sum of Four Pounds & ten pence be allowed & paid 
out of the publick Treasury to the Accomptant Jacob Clark or his Order 
in full discharge thereof. \_Passed August 23. 



CHAPTER 158. 



RESOLVE ALLOWING £66. 13. 4 TO CPT. JOS. HEATH. 



Legislative 
Records of the 
Council, xiii., 
414. 

Legislative 
Records of the 
Council, xiii., 
'269. House 
Journal, p. 100. 
Ante, p. 98, 
chap. 261. 



A Memorial of Cpt. Joseph Heath, Setting forth that he was ap- 
pointed by the General Court to manage the Trade with the Indians 
at Richmond Fort ; which he has f aithf uU}^ performed. Praying for an 
Allowance for that Service from the 14"* of April 1726, to the 21^' of 
December following, as also for his Negotiating other Affairs relating 
to the Indians. 

Read [and Accepted] & 

Resolved that the Sum of Sixty six Pounds thirteen shillings & four 
pence be allowed & paid out of the publick Treasury to the Memorialist 
Cpt. Joseph Heath in full of the Services within mentioned. [^Passed 
August 23. 

> The House Journal reads, £45. 10. 



[2d Sess.] Province Laws {Resolves, etc.). — 1727. 193 



CHAPTER 159. 

RESOLVE ALLOWING £100 TO THE L^ GOV« FOR HIS NEGOTIATING THE 

AFFAIRS EASTW". 

Resolved that the Sum of One Hundred Pounds be allowed & paid fe^^'^^f^^^,, 
ick Ireasury to His Honour William Dummer I-Lisq'^ Council, xiii., 



414. 



out of the publick Treasury to His Honour William Dummer Esq 
Lieuteii' Governor & Commander in Chief of this His Majestys Prov 
ince with the sincere & hearty Thanks of this Court to His Honour naT'if los"^ 
for his good Service at the late further Ratification of the Treaty of Anie,\^.m, 
Peace. \_Passed August 24. chap. 75. 



CHAPTER 160. 

RESOLVE ALLOWING £8 TO JOHN WAINWRIGHT ESQ" FOR HIS SERVICE Legislative 

TT A STAVD Records of the 

^^^^^ • Council, xiii., 

414. 

Resolved that the Sum of Eight Pounds be allowed & paid out of House Jour- 
the publick Treasury to John Wainwright Esq"" for his extraordinary ^^^}J-^^h, 
Service as Clerk to His Honour the Lieut. Govern"" & Council at the chap! 75. 
further Ratification of the Peace. [Passed August 24. 



CHAPTER 161 



RESOLVE ALLOWING £160 FOR THE HIRE OF THE MARTHA, GALLEY. 

An Accompt presented by Cpt. Richard Langdon of the Hire of the Legislative 
Ship Martha Galley under his Command, employed to attend His Honour councff xnf ^^ 
the Lieut. Govern"^ Eastward to the Ratification of the Treaty with the 4i4. 
Eastern Indians in July & August last the Time being seven Weeks & House .Jour- 
four Days, Amounting to the Sum of £160. °f'}J'\?°i\"< 

[Read andj chap. 75. 

Resolved that the Sum of One Hundred & sixty Pounds be allowed & 
paid out of the publick Treasury to the Owners of the said Ship Martha 
in full Satisfaction & Discharge of her Hire. [^Passed August 24. 



CHAPTER 162. 

VOTE ON PETcoN qF THE N^ WEST INHARts OF WOBURN. 

A Petition of the Inhabitants of the North Westerly Part of the Legislative 
Town of Woburn Shewing that the Meeting House for the publick couucif xiif^^ 
Worship of God in the said Town is situated so as to be very far 41.5. 
from the Center of the said Township, & by the Increase of the In- House Jour- 
habitants the House is too small to receive them with Convenience ; ^^^' !'• ^^*' 
And for as much as the Petitioners are put to great Difficulties & In- 
conveniences by reason of their Remoteness, especially in the Winter 
Season & in stormy Weather ; And therefore Praying that either the 
Meeting House may be removed to the Center of the Town or that 
the Petitioners may be set off a distinct Township or Precinct, & that 



194 



Province Laws {Resolves, etc.). — 1727. [Chaps. 163-165.] 



a Committee of this Court maj^ be appointed to view that Part of the 
Town, And that they may be set off as follows; viz, To be bounded 
AVesterly two Miles & an half on Lexington Line, on Billerica Line 
four Miles, to run from the Lines of Lexington & Billerica into the 
Town of Woburn four miles in Length ; The Committee to make their 
Report to this Court thereon. 

Read & 

Voted that the Petitioners forthwith serve the Town of AVoburn with 
a Copy of this Petition, that so they shew forth their Reasons, if any 
they have, why the Prayer thereof should not be gi'auted. \_Passtd 
August 24. 



CHAPTEE 1(33. 



RESOLVE ALLOWING PAYMENT OF CPT. JOS. HEATHS MUSTER ROLL. 



Legislative 
Records of the 
Council, xiii., 
415. 

House Jour- 
nal, p. 104. 



A Muster Roll of the Garrison in His Majestys Service at the Fort 
at Richmond under the Command of Cpt. Joseph Heath, Containing an 
Accompt of Wages due to them for their Service from Dec. 15. 1726, 
to Aug 16. 1727, Amounting to the Sum of £38.5. 19. 6. 

[Read and Accepted and] 

Resolved that the Sum of Three Hundred & eighty five Pounds nine- 
teen shillings & six pence be allowed & paid out of the publick Treas- 
ury to Cpt. Joseph Heath to be by him repaid to the Officers & Soldiers 
to whom the same is respectively due in full Discharge of the Wages 
thereof. \_Passed August 24. 



CHAPTER 164 



RESOLVE ALLOWING £4. 3 TO BENJ'*^ WRIGHT. 



Legislative 
Records of the 
Council, xiii., 
415. 

House Jour- 
nal, p. 101. 



An Accompt presented by Benjamin Wright of Charges in trans- 
porting Indians from Falmouth to S' Georges, & for apprehending & 
subsisting two Deserters, Amounting to the Sum of £8. 13. 

[Read and] 

Resolved that the Sura of Four Pounds three shillings be allowed & 
paid out of the publick Treasury to the Accomptant Benjamin Wright 
or his Order in full discharge thereof. \^Passed August 24. 



CHAPTER 165. 



RESOLVE ALLOWING £6. 2. 6 TO URIAN ANGIER. 



Legislative 
Records of the 
Council, xiii., 
416. 

House Jour- 
nal, p. 100. 



A Petition of Urian Angier Praying Allowance of his Accompt of 
Medicines & Attendance on several sick Soldiers belonging to the Gar- 
rison at S' Georges River, Amounting to the Sum of £6. 2. 6. 

Read [and Accepted] & 

Resolved that the Sum of Six Pounds two shillings & six pence be 
allowed & paid out of the publick Treasury to the Accomptant Urian 
Angier or his Order in full Discharge thereof. [Passed August 24. 



[2d Sess.] Pkovince Laws (^Resolves, etc.). — 1727. 195 



CHAPTER 1()G. 

ORDER ON PETITION OF DIVERS INHAB'^^ OF METHUEN IN REGARD 
TO LOCATION OF A MEETING HOUSE. 

A Petition of John Hastings, James Davis & thirty others of the Legislative 
Town of Methuen, Setting forth the great Difficulties the greatest Part Su-u.xnf,*' 
of the Inhabitants will be subject to by the Meeting House standing 4i«- Mass. 
in the Place appointed by the General Court, And therefore Praying 430.' ' '' 
that tliis Court would be pleased to appoint a Committee further to House Jour- 
view the said Town (the other Committee not having been in all the "a'- p- i"3. 
Parts thereof) & to hear all Parties, & then to report their Opinion ci'ap'. 266. ' 
of the most suitable Place for the said Meeting House to stand in. 
In the House of Represent"'' 

Read and 

Ordered that the prayer of the petition be granted so far, as that M'' 
Thomas Cushing and Major Chandler with such as the Hon''''' Board 
shall appoint be a Com*'''' at the Charge of the pef^ to repair to the 
Town of Methuen, that they View and Consider the scituation and 
Circumstances of the whole Town in the several parts thereof ; and 
that They Report their opinion to this Court on the first day of the 
next session where may be the most proper place for the said Town 
to have the Meeting house for the publick Worship of God therein 
placed. 

In Council Read and Concurd & Samuel Thaxter Esq"" is joined in 
the affair above. [^Passed August 24. 



CHAPTER 167. 

RESOLVE ALLOWING £100 TO THE CHAPLAIN AT ¥•= TRUCK HOUSES. 

In Council ; His Honour the Lieutenant Governor having laid before Legislative 
the Board the Report of the Rev-^ D' Cotton Mather, M'" President Wads- c^uncf f, xiif,^ 
worth &, M'' Joseph Sewall (Pursuant to a Vote of this Court pass'd in 4i7. 
July last) Recommending M'' Moses Hale & M'' John Sumner to the House Jour- 
Office of Chaplains at the Trading Houses Eastward, & signifying that ^nte,'v^m 
they are willing to undertake that Work upon proper Encouragem' chap', lii. 

Voted that a Message be sent down to the Hon'''" House of Repre- 
sent^' to propose That a suitable and honourable Allowance be made 
to encourage & support those Gentlemen in that necessary Service. 

In the House of Represent""' Read & 

Resolved that the Sum of One Hundred Pounds be allowed & paid 
out of the publick Treasury for the Support & Encouragem' of one 
of the Persons within mentioned that is willing to enter & continue 
in the Service within mentioned for twelve Months. 

In Council ; Read & Concur'd. \_Passed August 23. 



CHAPTER 168. 

RESOLVE ALLOWING SUNDRY PAYMENTS TO CPT. SAMUEL HINKES. 

A Memorial of Cpt. Samuel Hinkes (with divers Papers accompany- Legislative 
ing it) Praying that he may be now allowed the several Sums stop'd in counci'f xm*^^ 
the Treasury (by an Order of this Court pass'd on his Memorial pre- 4i8. 



196 



Province Laws {Resolves^ etc.). — 1727. [Chaps. 169-171.] 



House Jour- 
■n;il, p. 106. 
Ante, p. 162, 
chap. 69. 



fer'd at the last May Session) out of the Wages of divers Soldiers of 
the Garrison at P^ort Mary in Consideration of their several Debts to 
the Memorialist, Which he now proves by the Papers presented to the 
Court with this Memorial. 

Read [and Accepted] & 

Resolved that M'' Treasurer Allen be & hereby is directed to pay unto 
Cpt. Samuel Hinkes the Wages due on the said Roll to John Thomas 
(he having produced the said Thomas's Order therefor), & that the 
Treasurer pay to the said Hinkes Two Pounds two shillings and seven 
pence out of the Wages due to Thomas .Tones, as by said Jones's Note, 
And that the Wages due to Josiah Norton & Jacob Pett on said Roll 
be no longer detained, the said Hinkes not making out the Justice of 
his Demand on them. \_Passed Aiigicst 25. 



CHAPTER 169. 



RESOLVE ALLOWING £65. 7 TO EDM» MOUNTFORTH. 



Legislative 
Records of the 
Council, xiii., 
418. 

House Jour- 
nal, pp. 105, 106. 
Ante, p. 164, 
chap. 75. 



An Accompt presented by Edmund Mountforth of Beef and Mutton 
bought for His Honour the Lieut, (iovern'' & the Gentlemen accompany- 
ing him Eastw'' Amounting to the Sum of £65. 7. 

[Read and Accepted and] 

Resolved that the Sum of Sixty five Pounds seven shillings be allowed 
& paid out of the publick Treasury to the Accomptant Edmund Mount- 
forth to be by him repaid to the Persons to whom the same is respec- 
tively due in full discharge of the within Accompt. \_Passed August 25. 



CHAPTER 170. 



Legislative 
Records of the 
Council, xiii., 
419. 

House Jour- 
nal, p. 105. 



RESOLVE ALLOWING £13. 8. 3 TO RICH" GREGORY. 

An Accompt presented by Richard Gregory of mending & repairing 
of Province Arms, Amounting to the Sum of £13. 8. 3. 

[Read and] 

Resolved that the Sum of Thirteen Pounds eight shillings «& three 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant Richard Gregory in full Discharge thereof. [^Passed August 25. 



CHAPTER 171. 



Legislative 
Records of the 
Council, xiii., 
419. 

House Jour- 
nal, p. 103. 
Ante, p. 175, 
chap. 104. 



RESOLVE ALLOWING £6. U. 4 TO JOHN MARCH. 

Resolved that the Sum of Six Pounds fourteen shillings & four pence 
be allowed & paid out of the publick Treasury to John March born a Cor- 
poral on Cpt. James Woodsides Muster Roll pass'd the 22'' of June last 
being so much struck off from said March's Wages in said Roll through 
Mistake. [Passed August 25. 



[2d Sess.] Province Laws {Resolves, etc.). — 1727. 197 

CHAPTER 172. 

RESOLVE ALLOWING 25/ TO THOMAS WIER AND 80/ TO TIIOS. TROTT, ETC. 

A Petition of Tliomas Wier, Praying, in belialf of him self & four Legislative 
others (Soldiers belonging to the Garrison at Castle William,) Avho Jound/', xin.,^ 

waited on the Lieuten' Governor Eastward, an Allowance out of the ^}^ 

publick Treasury for their extraordinary Service. House Jour- 

Read [and Accepted] &. "/»Jp^''ii. m. 

Resolved that the Sum of Twenty five shillings be allowed & paid cbai). 75. 
out of the publick Treasury to Thomas Wier ; To Thomas Trott, Sam- 
uel Trott, Richard Richardson & John Smith the Sum of Twenty shil- 
lings each in full of the respective Services within mentioned. \_Passed 
August 25. 

CHAPTER 173. 

RESOLVE ALLOWING £29. 10 TO SHUBAL GORHAM. 

An Accompt presented by Shubal Gorham Esq'' of two Whale Boats, Legislative 
Oars, Launces, Warps, small Ropes, &c, bought by Order of the Lieu- councif, xm!^,^ 
tenant Governor for the Use of the Province, Amounting to the Sum of ^ 



£29. 11. House Jour- 

r-r> 1 n nal, p. 108. 

[Read and] ' ^ 

Resoloed that the Sum of Twenty nine Pounds & ten shillings^ be 
allowed & paid out of the publick Treasury to Shubal Gorham Esq'' 
to be by him repaid to the Persons to whom the same is respectively 
due in full Discharge thereof. \_Passed August 26.' 



CHAPTER 174. 

RESOLVE ALLOWING £15 TO CPT. SAM^''' JORDAN. 

An Accompt presented by Cpt. Samuel Jordan of his Time & Ex- Legislative 
pence in attending at several Times on the Orders of the Government comicif, xiii.f 
& OfHciating as Interpreter to the Eastern Indians in the months of *-^- 



June & July last. Amounting to the Sum of £lo. House Jour- 

ro 1 in nal, p- 105. 

[Read and] 

Resolved that the Sum of Fifteen Pounds be allowed & paid out of 
the publick Treasury to Cpt. Samuel Jordan in full Satisfaction & dis- 
charge of the within Ace'. \^Passed August 26. 



CHAPTER 175. 



RESOLVE ALLOWING £60 TO SAR. FELT &c. 



A Petition of Sarah Felt, Tamosin Ham & Ann Ham, Shewing that Legislative 

Kpoords of tn6 

Joseph Felt the Petition'" Sarahs Husband was about five Years since council, xiii., 
killed by the Indian Enemy at North Yarmouth within this Province, 1^^: 



■ The House Journal reads, £29. 11. 

2 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is August 25, 



198 



Province Laws {Ilesolves, etc.). — 1727. [Chaps. 176-178.] 



House Jour- 
nal, p. 107. 



&, she carried away by the said Indians, & has undergone a miserable 
Captivity in th^ir Hands, that the otlier Petitioners Avere taken by the 
Indians about four years since & remained in their Hands till ver^' 
lately they obtained their Kelease at the Expence of several Hundreds 
of Pounds & being reduced to very necessitous Circumstances, There- 
fore Praying the compassionate Consideration and Relief of this Court 
by an Allowance out of the publick Treasury. 

Read &, 

Resolved that the Sum of Sixty Pounds be allowed & paid out of the 
publick Treasury to the Petitioner Sarah Felt, to enable her to reim- 
burse the Charges arisen in obtaining her Redemptou & getting Home 
again. \_Passed Au(jvM 26. 



Legislative 
Records of the 
Council, xiii., 
421. 

House Jour- 
nal, p. 109. 



CHAPTER 176. 

RESOLVE ArPOINTING A COMM^ee FOR BURNING DEFACED BILLS OF 

CREDIT. 

In the House of Represent'" 
Resolved that M'' Ezekiel Lewis, M'' Thomas Gushing, M' Chever, 
Jonathan Remington Esq'' Joseph Wadsworth Esq' M"" Stephen Hall 
& Nathaniel Green Escj"^ with such as the Hon'''*' Board shall appoint 
be a Committee to take an Accompt in the Recess of the Court of all 
such Bills & such only as are unlit for Service now in the Treasury 
& burn the same to Ashes, And to make Report of their Doings to 
this Court at their next Session : In Council ; Read & Concur'd, 

And Nathaniel B3'field, Addington Davenport, Thomas Fitch, Jona- 
tiian Belcher & Daniel Oliver Esq" are joined in the Affair. \_Passed 
Aiiqxst 26. 



Legislative 
Records of tlic 
Council, xiii., 
421. 

House Jour- 
nal, p. 108. 
Ante, p. 164, 
chap. 75. 



CHAPTER 177. 

RESOLVE ALLOWING £16. 14. 8 TO SAM"- KNEELAND. 

An Accompt presented by Samuel Kneeland of Paper, Printing & 
Stitching 400 Copies of the Conference between His Honour the Lieut. 
Govern"^ & the Eastern Indians, Amounting to the Sum of £16. 14. 8. 

[Read and] 

Resoh'ed that the Sum of Sixteen Pounds fourteen shillings & eight 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant Samuel Kneeland in full Discharge of the above Accompt. [_Passed 
August 26. 



CHAPTER 178. 



RESOLVE ALLOWING PAYMENT OF LIEUT. JOHN ROBLNS'S MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xiii., 
421. 

House Jour- 
nal, p. 106. 



A Muster Roll of the Guard allowed to Thomas Westbrook Esq' 
&c in getting Masts for His Majestys Navy, under the Command of 
Lieut. John Robbins, Containing an Ace' of Wages due to them for 
their Service from Dec. 16. 1726, to Ma}' 31. 1727, Amounting to the 
Sum of £114. 10. 4. 

[Read and Accepted and] 



[2d Sess.] Province Laws {Resolves^ etc.). — 1727. 199 

Resolved that the Sum of One Hundred & fourteen Pounds ten shil- 
lings & four pence be tiilowed & paid out of the publick Treasury to 
John Robbins to [be] ^ l)y liini repaid to whom tlie same is respectively 
due in full discharge of the Wages thereof. [^Passed August 28. 



CHAPTER 179. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GARRI- 
SON AT ST GEORGES, CPT. GYLES'S & CPT. THOS. SMITH'S ACCt«. 

A Muster Roll of the Garrison in His Majestys Service at the Block Legislative 
House on S' Georges River under the Command of Cpt. John Gyles Con- cou m^lf, 'xiu^'f 

taining an Ace' of Wages due to them for their Service from November j^ 

25. 1726, to Aug. 17. 1727, Amounting to the Sum of £463. 10. 1 1 And House Jour- 
an Accompt presented by Cpt. Gyles of Disbursem" on the Indian Chiefs, °^ ' ^' *^^" 
Amounting to the Sum of £21. 16. 5. 

[Read and Accepted and] 

Resolved that the Sum of Four Hundred & sixty three Pounds ten 
shillings & eleven pence be allowed & paid out of the publick Treas- 
ury to the Officers & Soldiers born on the within Roll in full Discharge 
thereof ; And that the Sum of Twenty one Pounds sixteen shillings & 
five pence be allowed & paid out of the publick Treasury to the Ac- 
comptant Cpt. John Gyles in full Discharge of the Accompt herewith 
presented, And that the further Sum of Eleven Pounds three shillings 
be allow'd & paid to Cpt. Thomas Smith in full for the Wages of his 
Servant, as enter'd in the within Roll. \^Passed Attgust 28. 



CHAPTER 180. 

VOTE ON CPT. JOHN GYLES'S INDENT. 



An Indent presented by Cpt. John Gyles of several Stores neces- Legislative 
sary at the Block House at S* Georges under his Command. Records of the 

■o 1 r 1 A i 1-1 Council, xiii., 

Read [and Accepted] & 4-22. 

Resolved that the Treasurer be directed to supply the above Particu- House Jour- 
lars. [Passed August 28. nai.p.iog. 



CHAPTER 181. 

VOTE ALLOAVING CENTINEL'S PAY TO CAPT. THOS. SMITH'S SERVANT 
AND FORBIDDING HIM, AS TRUCK MASTER, TO GIVE CREDIT TO THE 
INDIANS. 

A Petition of Cpt. Thomas Smith Truck Master at S' Georges River, Legislative 
Praying the Direction of the Court, Whether he may be allowed to give cmmcn xif® 
Trust to the Indians in their Trade or not, And that his Servant, who is 4-2-2. 
very useful & necessary to him in his publick Business, may be allowed House Jour- 
Centinels Pay with the Garrison Soldiers. "^^' ^- ^°^- 

Read & In Answer to this Petition, 

Voted that the Memorialist be permitted to have a Servant to assist 
him in carrying on his Business as Truck Master at the Block house 
at S' Georges, And that he be allowed Centinels Pay, That His Honour 

» Inserted from the State Library copy. Legislative Records of the Council, xiii., 422. 



200 



Province Laws (^Resolves, etc.), — 1727. [Chaps. 182-184.] 



the Lieut. Govern'' be desired to dismiss one of tlie Soldiers now in the 
Pay of the Governm' there, And that the Memorialist be forbid to trust 
or give Credit to the Indians for any Goods sold to them upon any Pre- 
tence whatsoever. \_Passed August 28. 



CHAPTER 182. 



RESOLVE LIMITING THE REDUCTION OF CPT. THO. 

£13. 2. 3. 



SMITHS PAY TO 



Legislative 
Records of tlie 
Council, xiii., 
423. 

Legislative 
Records of the 
Council, xiii., 
32(i. House 
Journal, p. 110. 



A Memorial of Cpt. Thomas Smith, Shewing that whereas the House 
were pleased at the last Session of this Court to pass a Resolve for de- 
ducting the Sum of £27. 10. 11, from the Memorialists Salary on the 
Account of so much advanced to him (upon his going down to S' Georges 
River as Truck Master) by the Treasurer, the said Mone^' was laid out 
partly for Provisions & Liquors, & partly for Medicines, Paper &c, Tliat 
he has been subsisted for many Months on the said Provisions without 
receiving any thing allowed by the Province to the Garrison there, And 
therefore Praying that the House would reconsider their said Vote, & 
that no Deduction may be made from his stated Salary for the Stores 
taken up as aforesaid. 

Read [and Accepted] & 

Resolved that no more than Thirteen Pounds two shillings & three 
pence be stop'd or deducted out of the Pay of the Memorialist, The 
Remainder to be i)aid him by the Treasurer, Pursuant to the former 
Resolve of this Court. [Passed August 28. 



CHAPTER 183. 



RESOLVE ALLOWING £127. 10 TO JON^ WILLIAMS. 



Legislative 
Records of the 
Council, xiii., 
425. 

Legislative 
Records of the 
Council, xiii., 
400. House 
Journal, p. 108. 



An Accompt presented by Jonathan Williams of "Wine supplied to 
the Regiments on the Day His Majesty King George the Second was 
proclaimed, as likewise of AVine supplied the Council Chamber at the 
same Time Amounting to the Sum of £127. 16. 

[Read and] 

Resolved that the Sum of One Hundred & twenty seven Pounds six- 
teen shillings be allowed and paid out of the publick Treasury to Jona- 
than Williams in full Discharge thereof. [^Passed August 29. 



CHAPTER 184:. 



RESOLVE ALLOWING £97. 12. 1 TO SHER. WINSLOW. 



An Accompt presented by Edward Winslow Esq"' of sundry Charges 
& Disbursem'^ attending the Solemnity of proclaiming His INIajesty King 
George the Second, Amounting to the Sum of £101. 17. 11. 

[Read and] 

Resolved that the Sum of Ninetv seven Pounds twelve shillings «fe 



Legislative 
Records of the 
Council, xiii., 
426. 

Legislative 
Records of the 
Council, xiii., 

Journal', pl\io. o^ie peny be allowed & paid out of the publick Treasury to the Ac- 
comptant Edward Winslow to be by him repaid to the Persons to 
whom the same is respectively due in full Discharge of the above 
Accompt. [_Passed August 29. 



[2d Sess.] Province Laws {Resolves, etc.). — 1727. 201 



CHAPTER 185. 

RESOLVE FORBIDING TRUCK MASTERS TRUSTING THE INDIANS. 

Resolved that the Truck masters to the Indians in the Service of the Legislative 
Province be forbid to trust or give Credit to tiie Indians for Goods sold ^uucu xhi!*^ 
them upon any Pretence whatsoever, And also tliat all the Oiiicers & 426. 
Soldiers in the Pay of the Government, & all other Persons belonging House Jour- 
to the Forts & Garrisons where the Indians come to trade be & herel)y ^I'ule'-^^^j 
are in like manner forbid to trade or traflick with or trust or give Credit «iiap- i^^i- 
to the Indians upon any Pretence whatsoever. \_Passed August 29. 



CHAPTER 186. 

ORDER IMPOWERING TIM" PROUT & OTHERS TO CONTEST AN ACCOUNT 
AND ORDERING STAY OF EXECUTION. 

A Petition of Philip Hedman, Timothy Prout & Henry Gibbons Legislative 
Merchants, Shewing that whereas they obtained a Judgement of the c*^*^ u^*if xMi*^^ 
Superior Court against Nathaniel Mason for £1,000 or that he should 428. 
in ten Months after render to the Petitioners a just Accompt of the House Jour- 
Produce of the Cargoe of the Ship Eagle whereof they were Owners °^'' P" ■^^■^• 
& the said Mason Master; Elisabeth Mason Wife to the said Nathaniel 
has given in an Accompt to the said Court which has no Face of Truth 
& is calculated purely to evade the Judgem* the Petitioners had ob- 
tained, that the said Mason had recovered of the Petitioners £72. 10. 5 
That notwithstanding the Falseness & Imperfection of the said INIasons 
Accompt, the Court denied to award to the Petitioners Execution for the 
£1,000 against the said Mason, according to the first mentioned Judge- 
ment, & did award Execution against the Petitioners on the Judgem' 
obtained by the said Mason for £72. 10. 5 as aforesaid. And therefore 
Praying that they may be impowered by an Order of this Court, to con- 
test the Validity & Sufficiency of the said Accompt rendered by the said 
Elisabeth Mason, & that Execution on the said £72. 10. 5 may be staid 
to wait the Event of their Trial, or that they may be otherwise relieved 
as to the Wisdom & Justice of this Court may seem most fitting. 

Read & 

Ordered that the Petitioners be & hereby are impowered by Writ of 
Review to contest in the Law before the next Superior Court of Judi- 
cature to be holden at Boston within & for the County of Suffolk the 
Accompt of Sales of the Cargoe of the Ship Eagle & the Accompt Cur- 
rant of the Owners of the said Ship given in to the Superior Court the 
last Day of May 1726, by Elisabeth Mason as Attorney to Nathaniel 
Mason & to have the Benefit of a Jury thereon ; And further 

Ordered that in the mean time no Execution issue out of the Clerks 
Office of the said Court in Favour of the said Mason upon a Judgem' 
obtained by him against the Petitioners at the last Superior Court held 
at Boston this present Month of August 1727, for the Sum of Seventy 
two Pounds ten shillings & five pence, until such Time as the said 
Nathaniel Mason or his Attorney give sufficient Security to respond 
[to] any Judgem* that the Petitioners may recover on the Review so 
far as the said Sum of £72. 10. 5 will reach, Any Law Usage or 
Custom to the Contrary Notwithstanding. [Passed August 30. 



202 



Province Laws (Resolves, etc.). — 1727. [Chaps. 187-189. 



CHAPTER 187. 



RESOLVE ON QUEST. ON THE ACT ABOUT WRITS &c IN THE LATE 

KINGS NAME. 



Legislative 
Records of the 
Council, xill., 

42'J. 

House Jour- 
nal, p. 113. 
Province 
Laws, ii., 436, 
chap. 16. 



The following Question was put upon the Act for preventing & 
removing of all Doubts about "Writts, Processes & Precepts issued in 
the Name & Style of His late Majesty King George, viz, Whether 

Executions issued before the News of his late Majestys Demise & not 
yet served are still in Force & the proper Otllcers have Power to serve 
the same without Alteration ? 

Resolved in the Affirmative & that the Law ought so to be under- 
stood. \_Passed August 30. 



CHAPTER 188. 



Legislative 
Records of the 
Council, xiii., 
430. 

Executive 
Records of the 
Council, ix., 6. 
House Jour- 
Dai, p. 115. 



VOTE ABOUT CPT. JOHN GYLES AS INTERPRETER &c. 

Voted that a Message be sent to His Honour the Lieuten' Govern' 
to desire His Honour would please to give it in his Orders to Cpt. 
John Gyles Commander of the Forces at the Truck House on S' 
Georges River that he give all necessary Aid & Assistance in taking 
the Care of & securing any Goods or Stores belonging to the Prov- 
ince that may be carried to or ship'd from that Truck House, And 
that His Honour would also give his Directions to the said Cpt. Gyles 
(wlio is employed in tlie Service of this Province as an Interpreter to 
the Indian Affairs) that lie truly & faithfully intends & discharges his 
Duty & Trust as Iiiteri)reter in the Indian Affairs, more especially in 
interpreting & assisting in the Truck Trade at the said House ; And 
for the Encouragement of the said Cpt. John Gyles to discharge the 
Trust reposed in him as Interpreter as aforesaid; 

Resolved that the Sum of Four Pounds ])er Month be allowed & paid 
out of the publick Treasury to him from the Commencem* of this Vote 
during his Continuance in the aforesaid Service. \_Passed* August 30. 



CHAPTER 189. 



RESOLVE ALLOWING £61. 16. 6 TO REB. HOLMES. 



Legislative 
Records of the 
Council, xiii., 
430. 

Legislative 
Records of the 
Council, xiii., 
400. House 
Journal, p. 114. 



An Accompt presented by Rebecca Holmes Taveruer of sundries 
delivered to the Comm*'"''' of the General Court in Juh' last & to Com- 
mittees at this present Session, Dining 135 Gentlemen on the Day that 
the King was proclaimed, & Drink supplied tlie Gentlemen in the Coun- 
cil Chamber on the Evening of that Day, Amounting to the Sum of 
£6S. 16. G. 

[Read and Accepted and] 

Re><olved that the Sum of Sixty one Pounds sixteen shillings & six 
pence be allowed & paid out of the publick Treasury to the Accomp' 
Rebecca Holmes in full discharge thereof. \_Passed August 30. 



[2d Sess.] Province Laws (liesolves, etc.). — 1727. 203 

CIIAPTEK 190. 

RESOLVE ALLOWING £29. 12. 6 TO LUKE VARDY. 

An Accompt presented by Luke Vurdy of Dining the House of Repre- Legislative 
sent'"' on the Day that His Majesty was proclaimed at Boston, Amount- councif, xiii!!*^ 

ing to the Sum of £.13. l-S. 6. ^^ 

[Read and Accepted and] Legislative 

Resolved that the Sum of Twenty nine Pounds twelve shillings & six councii^ xmll^ 
pence be allowed & iDaid out of the publick Treasury to the Accomp' "V^- House 
Luke Vardy in full Discharge thereof. \_Passed August 30. 11-2,113.' 



CHAPTER 191. 

RESOLVE ALLOWING £3. 7. 10 TO W^' DOAK. 



A Petition of William Doak of Boston Shewing that he served in Legislative 
the Quality of a Steward during His Honour the Lieuten' Govern""* Con- councif xiii!'^ 
ferences at Falmouth with the Eastern Indians in delivering Liquors, 430. 
Provisions &c Praying that some Advance may be made to his Wages House .lour- 
in the Muster Roll of Cpt. Richard Langdon. 'Ante,v}\k, 

Read & In Answer to this Petition, chap', lei. 

Resolved that the Sum of Three Pounds seven shillings & ten pence 
be allowed & paid out of the publick Treasury to the Petition'' William 
Doak, Which with what was allowed on the Portlage Bill of the Ship 
Martha Galley Richai'd Langdon Master that carried His Honour to 
meet the Indians at the Conference, will make the Petitioners Allow- 
ance equal to the other Tenders. [^Passed August 80. 



CHAPTER 192. 

RESOLVE ALLOWING £4 TO COLL. JOHNSON HARMAN. 

An Accompt presented by Coll. Johnson Harmau of extraordinary Legislative 
Charges in enlisting Soldiers & of Sixpences in travelling with his Qoy^p'^f xui*^^ 
Company to Falmouth, Amounting to the Sum of £4. 431. 

[Read and] House Jour- 

Resolved that the Sum of Four Pounds be allowed & paid out of the ^nlF'^^xu 
publick Treasury to Coll. Johnson Harmau in full Discharge thereof, chap'. 75. 
[^Passed August 30. 

CHAPTER 193. 

RESOLVE ALLOWING £12 TO EDM^ MOUNTFORTH. 

An Accompt presented by Edmund Mountforth of his Service in Legislative 
delivering out Stores on board the Martha Galley in her late Voyage couucif xHi^^ 
to attend the Lieut. Govern"' Eastward, Amounting to y*^ Sum of £12. 43i. 

[Read and] House .Tour. 

Resolved that the Sum of Twelve Pounds be allowed & paid out of ^nt}]\}^\k, 
the publick Treasury to the Accomptant Edmund Mountforth in full chap', lei. 
Discharge thereof. \_Passed August 30. 



20tl: 



Province Laws {Resolves, etc.). — 1727. [Chaps. 194, 195.] 



Legislative 
Records of the 
Council, xiii., 
431. 

House Jour- 
nal, p. U4. 



CHAPTER 194. 

VOTE IMPOWERING CPT. JOHN GYLES TO MAKE REPAIRS OX THE 
BLOCK HOUSE AT ST. GEORGE'S RIVER. 

A Memorial of Cpt John Gyles, Shewing that the Block House at 
S' Georges River under his Command is much out of Repair & Pray- 
ing the Directions of this Court about it. 

Read [and Accepted] & 

Voted that Cpt. John Gyles & Cpt. Smitli be directed & impowered 
to effect the necessary Repairs according to the Committees Report. 
\_Passed August 30. 



CHAPTER 195 



RESOLVE ALLOWING £60 TO JOS. TAR, 



Legislative 
Records of the 
Council, xiii., 
43L 

House Jour- 
nal, p. n4. 



An Accompt presented by Joseph Tar of the Hire of his Sloop & the 
Men belonging to her in the Service of the Province to carry Stores, 
&, transport the Indians &c. Amounting to the Sum of £80. 

[Read and] ^ 

Resolved that the Sum of Sixty Pounds be allowed & paid out of the 
publick Treasur}' to the Accomptaut Joseph Tar in full Discharge of 
the Services within mentioned. [^Passed August 30. 

* The committee's report was not accepted. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1727, 205 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Fourth Day of October, A.D. 1727. 



CHAPTER 196. 

RESOLVE ALLOWING £6. 10 TO ENOCH WISWALL. 

A Petition of Enoch AViswall, Shewing that he attended as a Waiter Legislative 
on the Gentlemen of the Council at the late Ratification of the Peace councn! xiii!!^ 
at Falmouth, for which he has had no Consideration (being omitted in 434. Mass, 
the Ace') Praying an Allowance from this Court for y*^ same. 122, 123!^ ' ^*' 

Read and ^^[^^ 

Resolved That the Sum of Six pounds, ten shillings be allowed and Archives, cv., 
paid out of the publick Treasury to the petitioner Enoch Wiswall being .journal, pp. 
for Twenty Six days Service at five shillings ^ diem. \_Passed October 5. p '^ig/^chai)*'^' 

154. 



CHAPTER 197. 

VOTE ABOUT THO. MOOR'S HEMP. 



Two Certificates sign'd Joseph Hill Survey'^ of Hemp that Thomas Legislative 
Moor of Sudbury had brought to Market Five Hundred & thirty Pounds counc*if, xHK,^ 
of good Hemp according to Law being produced, And the House being 434- Mass. 
well satisfied that the said Moor is now labouring under such Indisposi- 9^^'' ^^*^'''^-' 



House -Jour- 



tion that he is not able to go to the Province Treasurer to take the Oath 

by Law prescribed in Order to entitle him to the Bounty of the said uai,p.i2u. 

-a Province 

ileinp ; Laws, ii., 362, 

Voted That it shall be lawfuU for one or more of the Justices of the ciiap.7. 
peace for the County of Middlesex to Administer the proper Oath to 
the said Thomas More respecting the Growth and Quality of the said 
Hemp, and upon the producing of Such Oath to M"^ Treasurer, he is 
hereby ordered and directed to pay the Premium by Law established 
accordingly, any Law usage or Custom to the Contrary notwithstand- 
ing. \_Passed October 5. 



CHAPTER 198. 

VOTE FOR SENDING TO ENGLAND FOR WEIGHTS & MEASURES. 

Whereas this House is informed that several of the Brass & Copper Legislative 
Weights formerly sent out of England with Certificate from His Maj- councif, xnf,'' 
estys Exchequer to be approved Winchester Measure according to the 435. Mass. 



206 



Province Laws {Resolves, etc.). — 1727. [Chaps. 199-201.] 



Archives, 
cxix., 300. 

House Jour. 
nal,pp.ll9, 120. 



Standard of the Exchequer, are either lost or mislaid, whereby many 
Incouveniencys may arise for waut thereof ; 

Voted That M'' Treasurer Allen be and hereby is impowred and 
directed as soon as may be to send to England and procure such 
weigiits and Measures as are found to be wanting whether of Brass 
or Copper, and that the person that purchases the same be desired 
to procure a Certificate from His Majesties Exchequer that the said 
Weights & Measures have been approved Winchester Measure accord- 
ing to the Standard of the Exchequer, to the End that Weights and 
Measures may be One & the same throughout this province. \_Passed 
October 5. 



Legislative 
Records of the 
Council, xiii., 
435. Mass. 
Archives, 
Ixxii., 296. 

House Jour- 
nal, p. 116. 
Ante, p. 190, 
chap. 161. 



CHAPTER 199. 

RESOLVE ALLOWING £3. 2 TO JON^ CRAFT. 

Whereas Jonathan Craft Servant to William Clark of Roxbury was 
in the Service of this Province at the late Ratification of the Peace as 
a Soldier under Coll. Harman, but omitted in the Roll ; 

Resolved That Soldiers pay for the whole Time Viz' Three pounds 
two shillings be allowed and paid out of the publick Treasury to the 
said William Clark in full for the said Crafts Wages. [^Passed Octo- 
ber 5. 



CHAPTER 200. 



Legislative 
Records of the 
Council, xiii., 
4.35. Mass. 
Archives, cxi., 
95, 96. 

Mass. 

Archives, cxi., 
94. House 
Journal, p. 119. 
Province 
Laws, ii., 415, 
chap. 1. 



ORDER GRANTING A LICENSE TO JUDAH RICHARDS TO SELL LIQUOR. 

A Petition of Judah Richards of Dedham within the County of Suf- 
folk Widow, Shewing that in September last she obtained the Appro- 
bation of the Select men of the said Town to be a Retailer of strong 
Liquors for the Year Currant, but being informed that according to 
the Metliod of the Law she can not have a Licence from the Court of 
General Sessions of the Peace at any other Time but at the Term in 
July, Therefore Praying that by the Authority of this Court, the Jus- 
tices may be impowered to grant her a Licence at their next Session. 

Read and 

Ordered That the prayer of the Petition be granted and the Justices 
of the peace for the County of Suffolk in their present Session be and 
hereby are Authorized and impowred (if they see Cause) to grant a 
Licence to the petitioner to be a Retailer of Strong Liquors in the Town 
of Dedham, the Time by Law appointed for granting Licences this pres- 
ent year being elapsed or any other Law Usage or Custom to the con- 
trary Notwithstanding. \_Passed October 3. 



CHAPTER 201. 

ORDER GRANTING A LICENSE TO THO. WESTON TO KEEP A TAVERN. 



Legislative 
Records of the 
Council, xiii., 
436. Mass. 
Archives, cxi., 
91. 



A Petition of Tho. Weston of Reading Shewing that he has obtained 
the Allowance of the Select men of the said Town for his Keeping a 
l)ublick House, but that he has this Year been denied a Licence from 
the Justices of the County of Middlesex (tho he has had it for many 



[3d Sess.] Province Laws {Resolves, etc.). — 1727. 207 

Years i)iist) which he apprehends is through some Mistake, And there- Mass. 

fore Praying that the Justices of the said County may be impowered UlViJvi''^^ '* 

at their next Court of General Sessions of the Peace to grant liim a House Jour- 

y nal, p, 120. 

Licence to be a Taveruer for the remaining Part of the Year. I'rovince 

Read and l^^'i!" *^^' 

Ordered That the prayer of the petition be granted, and tliat it shall 
be lawful! for the Justices of the peace for the County of Middlesex in 
their next General Sessions of the peace (if they see Cause) to grant 
a Licence to the petitioner to be a Taverner in Reading, The Time by 
Law Appointed for granting Licences this present year being elapsed 
or any other Law Usage or Custom to the contrary notwithstanding. 
\_Passed October 5. 



CHAPTER 202. 

ORDER ON THE PETITION OF THE HEIRS OF RICH" MIDDLECOT ESQ" 
DEC^ FOR A DIVISION OF THE ESTATE. 

On the Petition of Elisha Cook Esq"" & others the Children & Heirs Legislative 
of Richard Middlecot Esq^ Dec-^ [a/i^e, p. 120, chap. 319] Sicif, xiiLf 

In Council ; Read again & It appealing that the Represent'*^^ of M" 438. 
Mary Haggat Dec*^ were duly & seasonably served with Copies of this House Jour- 

Pptifion • nal, p. 12-2. 

Ordered that the Prayer of this Petition be so far granted, as that chap. 319. 
Stephen Minot & Nathaniel Green J^sq'" & M' Timothy Prout (Free- 
holders of the Town of Boston) be & hereby are fully impowered to 
lay out upon Oath the Pasture or Parcel of Land mentioned in the Peti- 
tion into four equal Parts or Shares with such Ways through the said 
Land as shall be by them thought sufficient & for the Benefit of the 
Persons concerned, And that they also lay out the other Part of the 
Estate of Richard Middlecot Esq'' Dec*^ into four equal Parts, & divide 
the said Pasture & other Real Estate by Lot to & among the Children 
& Heirs of the said Richard Middlecot, who shall hold their Parts of 
the said Pasture with all Rights of Ways & Passages thereto belonging 
&, also their Parts of the other Real Estate in Severalty to them their 
Heirs & Assigns for ever. 

In the House of Represenf^^ Read & Concur'd, & 

Ordered that Joseph Wadsworth Esq"" & M"' Thomas Cushing (two 
Freeholders iu Boston) be added to the Freeholders above named, who 
are also to be upon Oath & are together with the other three Freeholders 
(or the Major Part of them agreeing) impowered to make the Partition 
or Division of the Estate within mentioned by Lot, And that the said 
Partition or Division of the Estate when finished shall be put upon 
Record in the publick Registry of Deeds for the County of Suffolk ; 
Any Law Usage or Custom to the Contrary Notwithstanding. 

In Council, Read & Concur'd. [^Passed October 7. 



CHAPTER 203. 

ORDER GRANTING A LICENSE TO SAM^-i- ANDREWS TO SELL LIQUOR. 

A Petition of Samuel Andrews of Dighton, Shewing that the Select Legislative 
men of the said Town have given him their Approbation for his retail- counclf, xni!|® 
ing strong Drink in the said Town, but for as much as the Justices are ¥^- . .^^'''^'^®- .. 
not by Law impowered to grant a Licence to him at any other Session 9S. "' ' ' 



208 



Province Laavs {Resolves, etc.). — 1727. [Chaps. 204, 205.] 



Mass. 

Archives, cxi., 
97. House 
Journal, p. 121. 
Province 
Laws, ii., 415, 
€hap. 1. 



but such as is held in the Month of July or next after it ; Therefore 
Praying that by an Order of this Court the Justices of the County of 
Bristol may be impowered at the next Court of General Sessions of the 
Peace to grant the Petition^ a Licence to retail strong Drink in the said 
Town. 

Read and 

Ordered That the prayer of the petition be granted, and that the Jus- 
tices of the peace for the County of Bristol in their next General Ses- 
sions of the peace be Authorized and iinpowred to grant a Licence if 
they see Cause to the petitioner to retail Strong Liquors in the said 
Town. The Time by Law for granting Jjicences this present year being 
elapsed, or Any other Law Usage or Custom to the contrary notwith- 
standing. \_Passed October 7. 



CHAPTEK 204. 



ORDER ON REPORT ABOUT METHUEN MEETING HOUSE. 



Legislative 
Records of the 
Council, xiii., 
438. Mass. 
Archives, xi., 
437. 

Mass. 

Archives, xi., 
436. House 
Journal, p. 122. 
Ante, p. 195, 
chap. 166. 



Samuel Thaxter Esq" from the Committee of both Houses on the 
Affair of Methuen Meeting House gave in the following Report [cnif^, 
p. 195, chap. 166] ; Viz, 

Pursuant to the within Order of the General Court the Committee 
repaired to Methuen & viewed said Town, & having heard their several 
Allegations & Pleas, are humbly of Opinion that the Place where it now 
stands is as suitable a Place as au}^ that can be found to accomodate 
the whole Town : Which is submitted. 

In the Name & by Order of the Comm'^^ 

Sam^"- Thaxter. 

Read and 

Ordered That the Meeting House in Methuen remain where it now 
stands accordingly. [^Passed October 10.^ 



CHAPTER 205. 



ORDER GRANTING TO SIMON ROGERS A REBATE OF IMPOST DUTY ON 
A DECEASED NEGRO. 



Legislative 
Records of the 
Council, xiii., 
440. iNIass. 
Archives, ix., 
202. 

Mass. 

Archives, ix,, 
201, 202 his. 
House Jour- 
nal, p. 122. 
Province 
Laws, i., 578, 
chap. 10. 



A Petition of Simon Rogers Shewing that he bought a Negroe Man 
named Nick who was imported into this Province the first Day of June 
last, & died upon the fifteenth day of July last past, which was but six 
Weeks & two Days from the Time of his Importation And for as much 
as the Duty of Four Pounds was paid to the Commissioner of the Im- 
posts for tiie said Negroe, Therefore Praying an Order of this Court 
to the said Commissioner for his Drawing back the said Sum of Four 
Pounds for Impost. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
Commissioner of Impost be directed to repay what Duty he has re- 
cieved for the Importation of the Negro within named any Law Usage 
or Custom to the Contrary notwithstanding. \_Passed October 10. 

1 This date is according to Mass. Ai'chives ; according to Legislative Records of the 
Council the date is October 7. 



[3d Sess.] Province Laws (liesolves, etc.). — 1727. 209 



CHAPTER 206. 

ORDER REFERRING PETITION OF JOHN DOAN ESQ" & OTHERS OF BILL- 
INGSGATE IN REGARD TO THE MINISTRY TO THE NEXT SESSION. 

A Petition of John Doan Esq'' & others Inhabitants of the Precinct ^^s'siative 

„ ,^.,,. ... , rri /. T-, 1 1. • /. ^i rill X. 1 • Records of the 

of Bilhngsgate Within the Town of Lastham, betting lorth ihat having council, xiii., 
formerly made Choice of M' Josiah Oaks for their Minister, they have Aiciiives.^xi., 
voted several Sums of Money for his Support, which has been spent in 439^ 



the Law & otherwise misapplied by a Party among them, who have set Mass. 

them selves in Opposition to the said M' Oaks & have endeavoured to tyffll^u(^^^i4i^ 

thrust him from them ; Therefore Praying some Relief from this Court 442 ter, 443', 445, 

_ ' 44f > 447 448 

in their distress'd Circumstances. 449'?<(s,'450,'45i, 

Read and i^^ ^^ fJ^' fi' 

. ioi VIS, 4o^, 4oy, 

Ordered That this petition be referred to the next Session for further 460, 46i, 40-2, 
Consideration, and that the petitioners forthwith Serve the said North fH^lssfcr'.^^^' 
precinct in Eastham with a Copy of this petition, that they Shew Cause House .jour- 
if any they have why the prayer thereof should not be granted. \_Fassed province ' 

October 10 Laws, x., 289, 

\jUUUKr J.U. ^.jjj^jj y p^gf^ 

p. 210, chap. 209. 

CHAPTER 207. 

ORDER GRANTING TO FRAN. WARDEL A RENEWAL OF HER LICENSE. 

A Petition of Frances Wardel of Boston, Shewing that she has for Legislative 
many years kept an Inn or Tavern in the said Town, that at the Time councif, xm. ^ 

of renewing Licences in July last the Select men of said Town were ^03, 443. 

pleased to disallow her Licence under a Pretence of her Keeping bad Mass. 
Orders, And so she could not obtain the Approbation of the Justices, sr!* Hmfse^^'"' 
That she requested of the said Select men that she may be heard upon Journal, p. 125. 
any Complaints or Suggestions against her in Order to her Vindication, Laws, ii.,4i5, 
but could not obtain that Favour, And for as much as the Petitioner ciiap. 1. 
has been careful to keep the good Laws of the Province for the Gov- 
ernm' of her House, & has been always ready to entertain the Courts 
of Justice, which she has done divers Years to their great Satisfac- 
tion ; Therefore Praying Relief from this Court, & that the Justices 
of the County of Suffolk may be impowered at their next Gener.al Ses- 
sions of the Peace to renew the Petitioners Licence ; The Time by Law 
appointed for granting Licences being expired notwithstanding : 

Read & 

Ordered that the Prayer of this Petition be granted, & that the Jus- 
tices of the Peace for the County of Suffolk be & hereby ai'e impowered 
at the next General Sessions of the Peace to be held in October next 
to renew the Petitioners Licence (If they see Cause) Any Law, Usage 
or Custom to the Contrary Notwithstanding. \_Passed October 10.^ 



CHAPTER 208. 

RESOLVE ALLOWING 31/ TO SAM'-'- JONES. 



A Petition of Samuel Jones of Boston, Shewing that he served at the Legislative 
late Conference with the Eastern Indians as a Waiter on the Lieuten' councff xiii.^*^ 

1 This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is October 11. 



210 



Province Laws {Resolves, etc.). — 1727. [Chaps. 209, 210.] 



442. Mass. 

Archives, 

lxili.,465. 

Mass. 
Archives, 
Ixiii., 464. 
House Jour- 
nal, p. 126. 
Ante, p. 173, 
chap. 98. 



Govern'' & the Members of the Court & performed the Service as a 
Drummer, for which he has as yet received but four shillings per Diem, 
Praying that he may be allowed for his said Service after the rate of 
six shillings per Diem, which the Court were pleased to allow him for 
the like Service the last Year. 

Read and in Answer to this Petition 

Resolved That the Sum of Thirty One shillings be allowed and paid 
out of the publick Treasury to the petitioner in full of the Services 
within mentioned. \_Passed October 11. 



CHAPTER 209. 



ORDER REFERRING THE BILLINGSGATE PETITION IN REGARD TO THE 
MINISTRY TO THE NEXT SESSION. 



Legislative 
Records of the 
Council, xiii., 
442. 

House Jour- 
nal, p. 126. 
Ante, p. 209, 
Chap. 206. 



A Petition of George Williamson Agent for the Inhabitants of the 
North Precinct in Eastham called Billingsgate Setting forth that they 
labour under great Difficulties by the Continuance of M"^ Josiah Oaks 
among them as a Preacher contraiy to the Inclinations of the said 
People, who have invited an other Minister to preach among them, 
that the said M' Oaks with the Assistance of John Doan Esq' & about 
eight or ten Persons have taken Possession of the Meeting House & 
shut out the other Inhabitants who have been forced to meet in a pri- 
vate House, tho they are veiy numerous, By which means & other Man- 
agem" of the said M'' Doan & M"' Oaks, they are brought into great 
Distraction & Confusion, Praying for some Relief from this Court. 

Read & 

Ordered that the Consideration of this Petition be refer'd to the first 
Tuesday of the next Session, And that in the mean time the Petition" 
serve the said INP Josiah Oaks & John Doan Esq' &c, the adverse Party 
with a Copy of the Petition that they then shew Cause why the Prayer 
thereof should not be granted. [Passed October 11. 



CHAPTEE 210. 



ORDER IMPOWERING JER. OSGOOD TO FILE A COMPLAINT. 



Legislative 
Records of the 
Council, xiii., 
443. Mass. 
Archives, xli., 
30. 

Mass. 

Archives, xli., 
29, 32. House 
Journal, p. 129. 



A Petition of Jeremiah Osgood of Haverhill, Shewing that at the 
Inferior Court of Common Pleas held at Salem for the County of Essex 
in June 1726, he brought his Action of Debt against Jonathan Dunstan 
& recovered Judgement thereon for the Sum of Twenty eight Pounds 
sixteen shillings with Costs, Erom which Judgem' the said Dunstan 
appealed to the next Superior Court, & enter'd into Recognizance to 
prosecute the said appeal ; but so it happen'd, that a few Days before 
the Sitting of the said Court the said Dunstan applied him self to the 
Petitioner, telling him that he had not filed any reasons of Appeal in 
the said Cause, & should not appear at Court, nor prosecute his Ap- 
peal, as will appear by the Writing herewith exhibited. And the Peti- 
tioner through his Ignorance of the Law, neglected to file his Complaint, 
thinking that he might have an Execution without it ; And being now 
without Remedy in the Law, Praying that he may be impowered to file 
his Complaint at the next Superior Court for the said County for the 
Affirmation of the said Judgem' with additional Costs, And that the 



[3d Sess.] Province Laws {Resolves, etc.). — 1727. 211 

Justices of the said Court may be impowered to Hear & Detei'mine 
the same, & to give Judgem' therein & award Execution thereupon. 

Read & 

Ordered that tlie Prayer of this Petition be Granted & that tlie Peti- 
tion"" be Impowered to File his Compkiint to the Superiour Court of 
Judicature next to be Ilolden at Salem for the County of Essex, And 
the Justices of the s*^ Court are Directed & Authorized to proceed 
thereon according to Law, Pi'ovided the Petition'' serve the Adverse 
Party with a Copy of this Order at least fourteen Days before the 
Sitting of the said Court ; Any Law Usage or Custom to the Contrary 
Notwithstanding. [^Passed October 12.^ 



CHAPTEK 211. 

RESOLVE ALLOWING £U9. 12. 6 TO CPT. JN" LARRABEE. 

An Accompt presented by Cpt. John Larrabee of the Repairs of His Legislative 
Majestys Castle William wit:h the several Notes for Materials and Work, councu, xm!"^ 
Amounting to the Sum of £149. 12. 6. 445. 

Read & House Jour- 

Resolved that the Sum of One Hundred & forty nine Pounds twelve ^^^' ^^' ■^'^^* 
shillings & six pence be allowed & paid out of the publick Treasury to 
the Accomptant Capt. John Larrabee in full Discharge thereof, to.be by 
him repaid to whom the same is respectively due. \_Passed October 12. 



CHAPTEE 212. 

RESOLVE ALLOWING CPT. JOHN HAYES ACCOUNT FOR REPAIRS TO 
THE LIGHT HOUSE BOAT. 

A Memorial of Cpt. John Hayes Keeper of the Light House, Setting Legislative 
forth that on the fifteenth of September, one Bangs in a Sloop from coimcn^ xm'^^ 
North Carolina ran a Shoar in the Night on the Spit of Sand near the 445. Mass. 
Light House, that he went on board the said Sloop in the Light House bc^n.^Iel.' 



Boat to assist in getting her off, that the next Day he brought her safe -^^^^^ 
up to Boston to the Hazard of his Life, that the said Boat being driven Archives, 
ashoar in the Storm upon the Rocks near the South Battery, received so House Jour, 
much Damage as to be unfit for Service, that by Direction of the Secre- nai, pp. 126, m. 
tary he employed a Boat Builder to repair her. Praying for the Orders 
of this Court referring to the Payment of the Charges of the said Repairs. 

On the within Petition The Comittee are of opinion that the Charge 
of Repairing the Lighthouse Boat be paid out of the Publick Treasury 
Except Fifteen Pounds thereof which The Comtee are of opinion ought 
to be paid by the owners or Master of the Sloop within Mentioned. 

Read and Accepted and 

Resolved That the Charge of repairing the said Boat be allowed and 
paid out of the publick Treasury excei)ting the sum of Fifteen pounds, 
The said Accompt being first presented to and allowed by M"" Treasurer. 
[^Passed October 12. 

> This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is October 11. 



212 



Province Laws (liesolves, etc.). — 1727. [Chaps. 213-215.] 



Legislative 
Records of the 
Council, xiii., 
446. Mass. 
Arcliives, 
Iviii., 297. 

Mass. 
Archives, 
Iviii., 2!I2, 293, 
294, 295. 
House Jour- 
nal, p. 127. 



CHAPTER 213. 

ORDER REFERING THE COHASSET PETITION TO THE NEXT SESSION. 

A Petition of the Inhabitants of Cohasset Setting forth their great 
Difficulties by I'eason of their Remoteness from the Grammar School in 
the Town of Hingham (of which they are a Precinct) & that thej' can 
receive no benefit by the said School in the Education of their Children, 
altho they are taxed towards the support of it, And therefore Praying 
that they may have the benefit of the said School, to be kept within their 
Precinct one thii'd of the Year, or that they ma}' be exempted from pay- 
ing to the support of that School & allowed to provide a School master 
to instruct their Children in Writing & Reading. 

Read and 

Ordered That the petition be referred to the next Fall Session and 
that in the Mean time the petitioners Serve the Town of Hingham with 
a Copy of the petition that so the}' may shew Cause on the second 
Friday of the said Session why the prayer thereof should not be granted. 
\_Passed October 12. 



CHAPTER 214 



Legislative 
Recorrls of the 
Council, xiii., 
446. 

Legislative 
Records of the 
Council, xiii., 
353. House 
Journal, p. 127. 



RESOLVE ALLOWING 40/ TO CPT. TIM" D WIGHT. 

Resolved that the Sum of Forty shillings be allowed & paid out of 
the pnblick Treasury to M'' Ebenezer Wright to be repaid to Cpt. 
Timothy Dwight in full for the said Dwights Service & Trouble in 
giving his Opinion of the Value of certain Lauds by Order «fc for the 
publick Service lying between Springfield Enfield, Brimfield & the 
Colony Line. \_Passed October 12. 



CHAPTER 215. 



ORDER ON MEMO ABOUT A MEDIUM OF TRADE REFERRED TO NEXT 

SESSION. 



Legislative 
Records of the 
Council, xiii., 
447. 

House Jour, 
nal, p. 130. 



A Memorial of a great Number of the INIerchants & Traders within 
the Town of Boston in behalf of them selves & other Persons in Trade 
Setting forth that the Trade not only of the said Town but of the Prov- 
ince in General is in a A'ery languishing Condition for want of a ^Medium 
to carry it on, the jNIethod of Trading liy Truck or Barter being attended 
with great & insuperable Difficulties, that the Necessities of the People 
call for a supply of Money for purchasing their daily Bread, Therefore 
Praying that some Provision may be made for supplying the Trade 
of this Province with such a Medium as this Court shall think most 
suitable. 

In the House of Represent" Read & 

Ordered that the Consideration of this Petition & ]Memorial be refer'd 
to the next Session of this Court, & that in the mean time. 3P Lewis, 
Cpt. Wadsworth, M"^ Hall, M^ Cushing, Cpt. Green, Cpt. White & M' 
Stacey with such as the Hon'"'' Board shall appoint be a Committee 
to whom the same is refer'd, That they consider thereof & report 
their Opinion of what may be proper for this Court to do in Answer 



[3d Sess.] Province Laws {Resolves^ etc.), — 1727. 213 

thereto : In Council ; Read & Concur'd, & Nathaniel Byfield, 

Addiugton Davenport, Thomas Fitch, P^dmund Quincy, Jonathan 
Belcher Daniel Oliver & Charles Chambers Esq" are joined in the 
Affair. [Passed October 13. 



CHAPTEK 216. 

ORDER SUPERSEDING A WARRANT FOR CALLING A TOWN MEETING AT 

FRAMINGHAM. 

A Petition of the Select men of the Town of Framingham, Com- Legislative 
plaining of divers unwarrantable Actions & Proceedings of Joseph Records of the 
Buckminster Esq"" & others referring to the Placing of a Meeting House 447. 
in the said Town & more especially of a Warrant given out by Francis Legislative 
Bowman Esq'' for calling a Town Meeting which was clandestinely «fe councif xm^^ 
illegally obtained. Praying that the said Warrant may be set aside by 255. House "' 
the Authority of this Court & declared null & void. S^p/esi ^^^' 

Read & chap', its. ' 

Ordered that the Prayer of the Petition be so far granted as that the 
Warrant within refer'd to be superseded. [Passed October 13. 



CHAPTER 217. 

RESOLVE ALLOWING £22. 6. 3 TO DAN^- HENCHMAN. 

An Accompt presented by Daniel Henchman Book seller of the Charge Legislative 
of Printing the Sermons of the Rev'' M' Joseph Sewall & M"' Thomas Records of the 
Prince on the Occasion of the Death of his late Majesty with Paper & 44°?"^^ ' ''^"^'' 
Stiching, Amounting to the Sum of £22. 6. 3. House Jour- 

[Read and] "ai. pp- 122, 

Resolved that the Sum of Twenty two Pounds six shillings & three 
pence be allowed & paid out of the publick Treasury to the Accomptant 
Daniel Henchman in full Discharge thereof. [Passed October 14. 



CHAPTER 218. 

RESOLVE ALLOWING £11. 5. 6 TO BENJ'^ ROLFE. 

An Accompt presented by Benjamin Rolfe of Writing done for the Legislative 
Publick last August & in this Session, Amounting to y'' Sum of £11. 5. 6. coundf xiii^® 
[Read and] w 449. '" "* 

Resolved that the Sum of Eleven Pounds five shillings & six pence House Jour- 
be allowed & paid out of the publick Treasury to the Accomptant Ben- °^^' p- ^^^• 
jamin Rolfe in full Discharge thereof. \_Passed October 14. 



214 



Province Laws {Resolves, etc.). — 1727. [Chaps. 219-221.] 



CHAPTER 219. 



RESOLVE ALLOWING £5 TO JOHN MALCOLM. 



Legislative 
Records of tlie 
Council, xiil., 
449. Mass. 
Arcliives, 
Ixxii., 298. 

Mass. 
Archives, 
Ixxil., 297. 



A Petition of John Malcolm Shewing that the Petition"' served as a 
Soldier at the Eastward during the late AVar with the Indians, in w*^*' 
his Leg was broke & Knee Pan put out of Joint, whereby he is render'd 
uncapable of getting his bread & maintaining his Family, & that which 
makes his Case more deplorable is that his Son, on whom was his chief 
Dependence for his support was drown'd in the Service, Therefore Pray- 
ing the compassionate Consideration of this Court & that he may have 
an AllowS,nce out of the Treasury or be posted at Brunswick Garrison. 

Read and Accepted and 

Resolved That the Sufii of Five pounds be allowed and paid out of 
the Publick Treasury to the petitioner John Malcom in full of the within 
petition.^ \_Passed October 14. 



CHAPTER 220. 



RESOLVE FOR SUPPLYING THE INDIANS AT WINTER HARB^. 



Legislative 
Records of the 
Council, xiii., 
449. Mass. 
Archives, 
xxxi., 149. 

Legislative 
Records of the 
Council, xiii., 
448. House 
Journal, p. 119. 



Resolved That M"" Treasurer Allen be and hereby is directed to pur- 
chase a Quantity of Goods Suitable for the Supply of the Indians in a 
Sum not exceeding One Hundred pounds, and Send them to Cap' Samuel 
Jordan to be delivered at his House at Biddeford and by the said Jordan 
to be sold to the Indians that will purchase the same, and that M"^ Treas- 
lU'er be directed further to order M' Jordan that he conforms to the 
same Rules & Methods in Selling the said Goods & recieving the value 
thereof, as the Truck Masters appointed for managing the Indian Trade 
are obliged to Conform to. \_Passed October 14. 



CHAPTER 221. 



RESOLVE ALLOAVING £30 TO URIAN ANGIER. 



Legislative 
Records of the 
Council, xiii., 
449. 

House Jour- 
nal, p. 131. 



A Petition of Uriau Angier, Shewing that he enlisted as a Soldier 
in the Service Eastward about five Years agoe, During which time he 
officiated as a Surgeon & Physician to the sick & wounded Soldiers 
with good Success, & has performed divers considerable Cures ; And 
therefore Praying an Allowance out of the publick Treasury to dis- 
charge his Accompt annex'd of Medicines & Admiuist"' Amounting to 
£60. 15. 

Read [and Accepted] & 

Resolved that the Sum of Thirty Pounds be allowed & paid out of the 
publick Treasury to the Petition"" Urian Angier in full Satisfaction «fe 
Discharge of the Ace' of Medicines, Attendance «fec, within refer'd to. 
\_Passed October 14. 

> Not found in the House Journal. 



[3d Sess.] Province Laws {Resolves, etc.). — 1727. 215 

CHAPTER 222. 

RESOLVE ALLOWING £16. 1. 2 TO D« THO. BERRY. 

An Accompt presented by D'' Thomas Berry of Medicines administer'd ^^^'^'f^'^e., 
to tlie Gentlemen that attended His Honour the Lieutenant (jrovern"^ to Council, xiii., 
the late Ratification of the Peace with the Indians at Falmouth, Amount- *^'^- 



ins: to the Sum of £16. 1. 2. ?'^"'*' tfour- 

r-r, 1 1-1 nal.p. 119. 

[Read and] Ante, p. ii:i, 

Resolved that the Sum of Sixteen Pounds one shilling & two pence ^^^'^' ^^' 
be allowed & paid out of the publick Treasury to the Accomptaut 
Thomas Berry Esq"' in full discharge thereof. [^Passed October 14. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1727-28. 



[217] 



LEGISLATIVE LIST^ 



I 7 27-28 . 



The Honorable WILLIAM DUMMER, Esq., Lieut. Governor, 
Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECRETARY of the PRO^^NCE. 



REPRESENTATIVES or DEPUTIES. 

November 22, 1727 io Aj^ril S, 1 728. 
Mr. WILLIAM DUDLEY, Speaker. 

OF Essex — Concluded. 

. Capt. Henry Rolfe. 

. Mr. Thomas Chever. 

. John Oulton, Esq., 
Mr. William Stacey. 

. Mr. James Saunders. 

. Mr. John Hobsou. 

. Mr. William True. 

. Mr. James Sayward. 

. Mr. Timothy Osgood. 

. Mr. Nathaniel Boardman. 

. Mr. John Balch. 

. Mr. Samuel Kimball. 

. My. Stephen Peabody. 

. Capt. Jonathan Woodman. 

. Mr. Thomas Hoit. 

County of Middlesex. 

Mr. Jonathan Remington. 
Mr. Stephen Hall, 
Mr. William Smith. 
Mr. Nathan Fisk. 
Capt. John Flynt. 

1 See Legislative Records of the Council, xiii., 451-453. No Councillors were elected for this year. 

[219] 



County of Suffolk. 


County 


Boston, . 


. Elisha Cook, Esq., 


Newbury, . 




Mr. Ezekiel Lewis, 


Lyn, . . . 




Mr. Thomas Cushing, 


Marblehead, 




Mr. Samuel Wells. 




Roxbury, 


. William Dudley, Esq. 


Haverhill, . 


Dorchester, 


. Major Thomas Tileston. 


Roivley, . 




Milton, . 


. Mr. Ephraim Tucker. 


Salisbury, 




Brantrey, 


. John Quinoy, Esq. 


Glocester, 




Weymouth, 


. Mr. John Torrey. 


Andover, 




Hinghcmi, 


. Mr. John Jacobs. 


Tojysfield, 




Dedham, 


. Mr. Joseph Ellis. 


Beverly, . 




Medfield, 


. Mr. Joshua INIorse. 


Wenham, 




Mendon, . 


. Mr. John Brown. 


Boxford, . 




Wrentham, 


. . Capt. John Pond. 


Bradford, 




Brooklyn, 


. Mr. Samuel AYhite. 


Amesbicry, 




Woodstock, 


. Major John Chandler. 


' Cou 




County of Essex. 


Cambridge, . 


Salem, . 


. . Daniel Epes, Esq., 

Benjamin Marston, Esq. 


Gharlestoivn, 


fyswich, . 


. John Wainwright, Esq., 


Watertotvn, . 




Mr. Thomas Choat. 


Concord, . 





220 Province Laws (i?eso?ves, ete.). — 1727-28. [Representatives.] 



County of 

Newtown, . . 

Sudbury, . . 

Marlboro, . . 

Lancaster, . , 

Qroton, . . . 
Framingham, . 

Chelmsford, ■ . 

Billcrica, . . 

Woburn, . . . 

Beading, . . 

Maiden, . . . 

Lexington, . . 

Weston, . . . 

Worcester, . . 



Middlesex — Conchided. 
Mr. Richard Ward. 
Cajit. Ephraim Curtis. 
Mr. Caleb Rice. 
Mr. Samuel Willard. 
Mr. Benjamin Prescot. 
Capt. Edward Goddard. 
Mr. Benjamin Adams. 
Capt. George Brown. 
Capt. John Fowle. 
Mr. Thomas Bancroft. 
Mr. Jonathan Sergeant. 
Mr. Benjamin Willington. 
Mr. Joseph Allen. 
Mr. William Jennison. 



County of Barnstable. 
Barnstable, . . Shubal Gorham, Esq. 



County of Hampshire. 



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

Cou 
Plymouth, 
Situate, . 
Marshfield, 
Duxbury, 
Bridgeiuater 
Middleboru, 
Bochcster, 
Plymj]ton, 
Pembroke, 



. Mr. Samuel Day. 

. Mr. Ebenezer Wright. 

. Mr. Luke Smith. 

. Mr. John Dickenson. 

. Mr. John Gun. 

. Mr. John Kent. 

. Mr. Nathaniel Collins. 

NTY OF Plymouth. 

. Mr. John Foster. 

. Capt. Amos Turner. 

. Nathaniel Thomas, Esq. 

. Capt. John Alden. 

. Mr. Isaac Johnson. 

. Mr. Nathaniel Southworth. 

. Mr. Joseph Benson. 

. Mr. Samuel Bradford. 

. Mr. Elisha Bysby. 



Yarmouth, 
Sandioich, 
Eastham, 
Harwich, 
Truro, . 



. Mr. Josiah Miller. 

. Ezra Bourn, Esq. 

. Joseph Doan, Esq. 

. Capt. Edmund Freeman. 

. Mr. Thomas Payne. 



County of Bristol. 

Bristol, . . . Capt. Samuel Little. 
Taunton, . . Seth Williams, Esq. 
Sivanzey, . . Mr. Ephraim Pierce. 
Behoboth, . . JMr. Jathniel Peck. 
Little Compton, Thomas Church, Esq. 
Dighton, . . . Mr. Edward Shove. 
Tiverton, . . ^Ir. Thomas Manchester. 
Dartmouth, . . Capt. John Akin. 
AttleborC, . . Capt. Joseph Brown. 
Norton, . . . Capt. Samuel Brentnal. 
Freetoion, . . Mr. Thomas Gage. 

County of York. 
York, .... Col. Johnson Harman. 
Kittery, . . . Capt. Stephen Eastwicfc 
Wells, . . . Joseph Hill, Esq. 
Berwick, . . Capt. James Grant. 

Dukes County. 
Edgartown, . Mr. Benjamin Smith. 
Chilmark, . . Payne Mahew, Esq. 

Is THE County of Nantucket. 
Sherburn, . . George Bunker, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-second Day of November, A.D. 

1727- 

CHAPTER 1. 

RESOLVE ALLOWING £15 TO HUGH PIKE. 

A Petition of Hugh Pike of Newbury, Praying for a further Allow- Legislative 
ance from this Court in Consideration of the Wounds he received in councff xiii!!*^ 
the Service of this Province against the French & Indians under Coll. 454. Mass. 
March, by which he is disabled from labouring for the Subsistence of ixxii., 299. 
him self & his Family. House Jour- 

Read and in Answer to this petition nai, pp.6, 7. 

Resolved That the sum of Fifteen pounds be allowed and paid out chap'. 179. ' 
of the publick Treasury, to the petitioner Hugh Pike or his Order in 
Consideration of the Difficulties and Misfortunes arising on him by 
reason of the Wound within Mentioned. \_Passed November 24. 



CHAPTER 2. 

ORDER GRANTING A LICENSE TO JOHN VOSE AS INNKEEPER. 

A Petition of John Vose of Stoughton in the County of Suffolk R^f'^d" ^^.h 
Shewing that for divers Years past he has kept a Tavern in the said Council, xiii.. 

Town without any Interruption, & that he has obtained the Approba- — 

tion of the Select men of the said Town & a Licence from the Justices ^,i°"®f ?°"'^' 
of the said County for his Keeping a Tavern this Year, but by Mistake pVoviiice 
he omitted to take out his Licence & give Recognizance at the proper Jifa^f'i"'' ''^^' 
Time by Law appointed. And therefore Praying that he may be enabled 
to take out his Licence, Notwithstanding the Times being elapsed. 

Read & 

Ordered that the Prayer of the Petition be granted so far as that the 
Justices of the Peace for the County of Suffolk in their next Session 
be & hereby are impowered (if they see Cause) to grant a Licence to 
the Petitioner to keep a Tavern in Stoughton, The Time by Law ap- 
pointed for granting Licences this present Year being elnpsed, Or any 
other Law Usage or Custom to the Contrary Notwithstanding. \_Passed 
November 24 

[221] 



222 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 3-6.] 



Legislative 
Records of the 
Council, xiii., 
456. Mass. 
Archives, ix., 
189. 

Mass. 

Archives, ix., 
187, 190, 193. 
House Jour- 
nal, p. 8. 
Ante, p. 164, 
chap. 76. 



Legislative 
Records of the 
Council, xiii., 
457. 

House Jour- 
nal, p. 8. 



Legislative 
Records of the 
Council, xiii., 
459. Maes. 
Archives, xci., 
232. 

House Jour- 
nal, p. 13. 
Infra, chap. 6. 



CHAPTER 3. 

VOTE ON JOHN MOFFATS PETITION IN REGARD TO A JUDGMENT 
AGAINST HIM FOR TRANSPORTING A NEGRO. 

On the Petition of John Moffat, [cmte., p. 164, chap. 76] 
Voted That the prayer of the Petition be so f arr granted, as that that 
part of the Fine due to the province from the petitioner by Force of the 
Judgineut recovered against him as within mentioned be and hereby is 
remitted ; Any Law Usage or Custom to the Contrary notwithstanding. 
[^Passed November 25. 



CHAPTEE 4. 

RESOLVE ALLOWING £50 TO THE TREAS^. 

Resolved that the Sum of Fifty Pounds be allowed & paid out of the 
publick Treasury to Jeremiah Allen Treasurer & Receiver General of 
this Province for his extraordinary Service therein this present Year. 
\_Passed November 25. 



CHAPTER 5. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE SLOOP 

GREY HOUND. 

A Muster Roll of the Sloop Grey Hound Cpt. David Parker ^lasf 
taken up for His Majestys Service on a Message to Annapolis, Con- 
taining an Accompt of AVages due to the said Master & Conip" together 
with the Hire of the said Sloop, Amounting to the Sum of £91. 

Read and 

Resolved That the Suiii of Ninety one pounds be allowed and paid 
out of the publick Treasury to Cap* David Parker to be by him paid 
to whom it is due in full discharge of the Wages & sloop hire thereof. 
[Passed November 29. 



CHAPTER (3. 



Legislative 
Records of the 
Council, xiii., 
459. 

House Joiir- 
nal, p. 13. 
Siq)ra, chap. 5. 



RESOLVE ALLOWING £43. 4. 9 TO CPT. DAV. PARKER. 

An Accompt presented by Cpt. David Parker of Disbursem" for 
Stores in fitting out the Sloop Grey Hound on her late Voyage to 
Annapolis in the publick Service, Amounting to the Sum of f-43. 4. 9. 

[Read and] 

Resolved that the Sum of Forty three Pounds four shillings & nine 
pence be allowed & paid out of the publick Treasm-y to the Accomptant 
David Parker in full Discharge thereof ; The Accomptant to return into 
the Treasury what of the Stores have not been expended. [Passed 
November 29. 



[1st Sess.] PROvmcE Laws {Resolves, e^c.). — 1727-28. 22H 

CHAPTER 7. 

RESOLVE ALLOWING £29. 18. 6 TO JOHN WOOD. 

An Accompt presented by John Wood of Cleaning & Repairing of ^^^//r/Sthe 
Arms belonging to the Province, Amounting to the Sum of £29. 18. 6.^ councii, xiii., 
[Read and] *"'• 



House .lour- 



Besolved that the Sum of Twenty nine Pounds eighteen shillings & naTp^'13.^ 
six pence ^ be allowed & paid out of the publick Treasury to the Ac- 
comptant John Wood in full discharge thereof. \_Passed November 30. 



CHAPTER 8. 

ORDER GRANTING A LICENCE TO JOHN ELLIS JUN« TO RETAIL LIQUOR. 

A Petition of John Ellis Jun"- of Brooklyn in the County of Suffolk, ^If^^^ds^of the 
Shewing that he hath obtained the Approbation of the Select men of Council, xiii., 

the said Town for his retailing strong Liquors there, but has not yet !£??: 

obtained a Licence from the General Sessions of the Peace for the same, ^^°"?f '1°^^' 
And the Time stated by Law being pass'd, Therefore Praying that the ProVinre' 
said Court of General Sessions of the Peace may be authorized by this chap^L ' "'' 
Court to grant him a Licence. 

Read & 

Ordered that the Justices of the Peace for the County of Suffolk in 
their next General Sessions be & hereby are impowered (if they see 
Cause) to grant the Petition'' a Licence to be a Retailer of strong Drink 
in the Town of Brooklyn the Time by Law appointed for granting 
Licences this present Year being elapsed. Or any other Law Usage or 
Custom to the Contrary Notwithstanding. \_Passed November 30. 



CHAPTER 9. 

ORDER IMPOWERING JOSEPH DIMMOCK TO SURVEY AND LAY OUT 
2.-30 ACRES OF LAND. 

A Petition of Joseph Dimmock of Barnstable Praying a Grant of R^'f or^\'g'of th 
Two Hundred & fifty Acres of the unappropriated Land of this Prov- couucii, xiii., 

ince, in Consideration of the Wounds he received from the Indians in ^^ 

the Action at Norridgewock, by which he is disabled from Labour, Hav- ^°^^,^ '\^^^^' 
iug divers Sons to provide for, & no Lands to settle them on. vi»y'e, p. 148, 

Read& ^^^P-^^'^- 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioner be & hereby is impowered by a Survey'' & Chain men on Oath 
to Survey & lay out Two Hundred & fifty Acres of the unappropriated 
Lands of this Province accordingly, & return a Plat thereof to this 
Court within twelve Months for Confirmation, Provided the Land so 
surveyed do not interfere with any former grant, nor incommode any 
new Settlement of a Township. \_Passed November 30. 

« The House Journal reads, £29. 18. 9^ 



224. 



Province Laws {Resolves, etc.), — 1727-28. [Chaps. 10-12.] 



CHAPTER 10 



Legislative 
Records of the 
Council, xiii., 
460. 

Hotise Jour- 
nal, p. 14. 
Ante, p. 187, 
«hap. 141. 



RESOLVE ALLOWING £4. 10. 6 TO FRA. WILKS ESQ''. 

An Accompt of Francis Wilks Esq' of Coach Hire & other Expences 
in presentiug the Address of this Court to His Majesty, Amountiug to 
the Sum of £4. 10. 6 Sterling. 

[Read and] 

liesolved that M'' Treasurer Allen be directed to pay the Accomptant 
the Amount of his Accompt, And that he also return the Thanks of this 
Court to the said Francis Wilks Esq'' for his Service in presenting the 
said Address. \_Passed December 1. 



CHAPTER 11 



ORDER GRANTING A LICENCE TO NATHi-'- CONEY TO KEEP A TAVERN. 



liegislatlye 
Records of the 
■Council, xiii., 
461. 

House Jour- 
nal, p. 15. 
Province 
Laws, ii., 41.t, 
chap. 1. 



A Petition of Nathaniel Coney of Stoughton in the County of Suf- 
folk, Shewing that he obtained the Approbation of the Select men of 
the said Town for his keeping a Tavern there, but at the Time of grant- 
ing Licences for said County, he was taken sick, so that he could not 
attend the Court of General Sessions of the Peace, And therefore Pray- 
ing that the said Court may be now impowered to grant him a Licence 
for the Remainder of the Year, if they think fit. 

Read & 

Ordered that the Justices of the Peace for the County of Suffolk in 
their next General Sessions be & herebj^ are impowered (if they see 
Cause) to grant a Licence to the Petitioner to keep a Tavern in the 
House mentioned in the Petition, in the Town of Stoughton, The Time 
by Law appointed for granting- Licences for this present Year being 
elapsed, or any other Law Usage or Custom to the Contrary Notwith- 
standing. \_Passed December 1. 



CHAPTER 12. 



RESOLVE DISCHARGING TREAS« ALLEN OF £3,416. 15. 1. 



Legislative 
Records of the 
Council, xiii., 
462. 

House Jour- 
nal, p. y. 



An Accompt presented b}- Jeremiah Allen Esq"' Treasurer of this 
Province of Disbursem'* for Provisions & other Necessaries for His 
Majestys Forces Eastward & incidental Charges from the 31" of May 
1727, to the 'I'l'^ of Novem'' following. Amounting to the Sum of £3,416. 
15. 1. 

Read & 

Resolved that M'' Treasurer Allen be & hereby is discharged of the 
Sum of Three Thousand four hundred & sixteen Pounds fifteen shil- 
lings & one peny accordingly. \_Passed December 1. 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1727-2a. 225 



CHAPTER 13. 

RESOLVE ALLOWING £10 TO AND. ANDERSON. 

A Petition of Andrew Anderson, Praying for some further Consid- R^fo^'^\"j^the 
eratiou from this Court on Account of the Wound he received while in council, xiu., 
the .Service of the Province in the Year 1726. ArciihesT 

Read and Accepted and ix-xii., 3X4. 

Resolved That the Sum of Ten pounds be allowed and paid out of the Mass. 

pul)Iick Treasury to the petitioner Andrew Anderson in Consideration ix^n.^sll'. 

of his Loss of Time Smart and pain occasioned by his Wound in full House .Jour- 

,_ -^ 7T1 nal, p. 16. 

satist action thereof. \ Passed December I.'- Ante, ji-ioi, 

chap. 57. 



CHAPTER 14. 

ORDER ON BILLINGSGATE PETITION REFERRING TO M« OAKS. 
The Petition of Georo-e Williamson in behalf of him self & a great Legislative 

Rcoords of ttiG 

Number of other Inhabitants of the North Precinct in Eastham, com- council, xiii., 
monly called Billingsgate, [^aiite, p. 210, chap. 209] !^ 



Read together with the Answer of John Doan Esq'^ & M'^ Josiah Oaks, House Jour- 

nil 11 18 

& the Parties being heard at the Board, And the said Petition & Answer Jnte, p. -iio, 
being duly considered ; ^'^'^p* -*^^- 

It appears that the Inhabitants of the North Precinct in Eastham 
have by their Vote at a Meeting legally warned expressed their De- 
sire that the said M"" Oaks with whom they had contracted only from 
Year to Y^ear should no longer continue with them as their Minis- 
ter ; Therefore 

Ordered that the said M' Oaks proceed no further in the Work of the 
Ministry in the said Precinct, & that the Inhabitants forthwith provide 
some suitable Person to officiate as Minister there ; And for as much 
as it appears that M' Oaks has continued his publick Preaching in the 
said Precinct till May last ; 

Ordered that the said Inhabitants make just & speedy Payment of 
what remains due to him for his Service till that Time at the Rate of 
Eighty Pounds per Annum. \^Passed December 2. 



CHAPTER 15. 

ORDER GRANTING A LICENSE TO JOHN BEIGHTON TO KEEP A TAVERN. 

A Petition of Comfort Foster & John Beighton Praying that the Legislative 
Petitioner Beighton may have an Order to impower the Justices of the c^'^i^^ff xm^'' 
County of Suffolk in their next General Sessions of the Peace to grant 463. 
a Licence to him to keep a Tavern in the Town of Dorchester in the House Jour- 
House where the other Petitioner kept a Tavern. nai, p. it. 

Read & 

Ordered that the Justices of the Peace for the County of Suffolk at 
their next General Sessions of the Peace be & hereby are impowered 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 2. 



226 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 16-19.] 



if they see Cause to grant a Licence to the Petitioner Beighton to keep 
a Tavern accordingly ; Any Law, Usage or Custom to the Contrary 
Notwithstanding. \_Passed December 2. 



CHAPTER 16. 



VOTE ON TREASKs ACCt OF INDIAN TRADE. 



Legislative 
Records of the 
Council, xlii., 
463. 

House Jour- 
nal, p. 8. 
Ante, p. 155, 
chap. 52. 



An Accompt presented by Jeremiah Allen Esq' Treasurer of the 
State of the Indian Trade ; The Ballance whereof in his Hands amounts 
to the Sum of £4,572. 3. 4. 

Read & Accepted & 

Voted that the Balhince of this Accompt being Four Thousand five 
hundred & seventy two Pounds three shillings & four pence M' Treas- 
urer is further to Ace' for. \_Passed December 2. 



CHAPTER 17. 



Legislative 
Records ot the 
Council, xili., 
463. 

House .Jour- 
nal, p. 16. 
Ante, p. 173, 
chap. 98. 



RESOLVE ALLOWING £10. 10 TO JOHN WHEELWRIGHT ESQ". 

An Accompt presented by John Wheelwright Esq' of his Attendance 
on His Honour the Lieuten' Govern"" at the Ratification of the Peace at 
Falmouth in July last, Amounting to the Sum of £10. 10. 

[Read and] 

Resolved that the Sum of Ten Pounds ten shillings be allowed «& 
paid out of the publick Treasury to the Accomptant John Wheelwright 
Esq"" in full Discharge thereof. [^Passed December 2. 



CHAPTER 18. 



RESOLVE ALLOWING £11. 10 TO JOSEPH HAMMOND ESQ' 



Legislative 
Records of the 
Council, xiii., 
463. 

House Jour- 
nal, p. 16. 
Ante, p. 173, 
chap. 98. 



An Accompt presented by Joseph Hammond Esq' of his Service in 
Attending His Honour the Lieuten' Govern"" at the Ratification of the 
Peace at Falmouth in July last, Amounting to the Sum of £11. 10. 

[Read and] 

Resolved that the Sum of Eleven Pounds ten shillings be allowed & 
paid out of the publick Treasury to Joseph Hammond Esq' the Accompt- 
ant in full Discharge thereof. \_Passed December 2. 



CHAPTER 19. 



RESOLVE ALLOWING £51. 0. 6 TO JN*^ COOKSON. 



Legislative 
Records of the 
Council, xiii., 
463. 



An Accompt presented by John Cookson of Cleaning & Mending of 
Arms belonging to the Province, Amounting to y* Sum of £51. 0. 6. 
[Read and Accepted and] 



[1st Sess.] Province Laws {Resolves, e^c). — 1727-28. 227 

Resolved that the Sum of Fifty one Pounds & six pence be allowed "^"p® fg^.^''- 
& paid out of the piiblick Treasury to the Accomptant John Cooksou 
in full Discharge thereof. \_Passed December 2. 



CHAPTEK 20. 

IIESOLVE ALLOWING £5. 7 ON ACC'' OF SURVEYING LAND NEAR SUTTON. 

An Accompt sigu'd John Chandler Jun'' John Brown & Nath" .Jones Lefrisiative 
of surveying & Platting 530 Acres of Province Land lying between co'iindf, xHi!',® 
Worcester & Sutton by Order, Amounting to the Sum of £5. 7. 464^ 

[Read and] House Jour- 

Resolved that the Sum of Five Pounds & seven shillings^ be allowed ('.june)f^p.i7. 
& paid out of the publick Treasury to M'' John Chandler, to be by him 
repaid to whom the same is due in full Discharge thereof. \_Passed 
December 2. 



CHAPTER 21 



RESOLVE REMITTING THE DUTY ON A NEGRO BOY, IN FAVOR OF ELIS* 

MANLEY. 

A Petition of Elisabeth Mauley Praying an Order to the Commis- Legislative 
sioner of the Impost for remitting the Duty on a Negroe Boy called cmiucn, xH*!!*," 

Loudon, whom she brought from Barbados the last Summer & has f63^ 

been sick ever since he came ashoar & is now given over as incurable. House Jour- 

-T) IP nal, p. 21. 

Keacl & Province 

Resolved that the Prayer of the Petition be granted, & that the Com- ^jf ^^'^'A-' ^^^' 
missioner of Impost be and hereby is directed to remit the Duty of Im- 
post of the said Boy accordingly ; Any Law, Usage or Custom to the 
Contrary Notwithstanding. \_Passed December 5." 



CHAPTER 22. 

ORDER IMPOWERING JOS. COOLIDGE GUARDIAN TO NATH^i- HASTINGS 
TO JOIN IN THE SALE OF HOUSE & LAND. 

A Petition of .Joseph Coolidge Guardian to Nathaniel Hastings of R®^'®|?**^f fv, 
Watertown a Minor, who is interested in a House & Laud in Water- Council, xiii., 

town together with his two Brothers (being their Deceased Fathers ^^ . 

Estate) that his Brothers have agreed to sell their Parts, that the ^^^^^l^^^' 

Whole will accomodate only one Person, that if the Minors Part were 

sold, it would be much to his Profit, And therefore Praying that he 

may be impowered to join with the others that are concerned in the 

Sale of the said House & Land, & to execute Deeds in the Law for the 

said Minors Part thereof. 

Read & 

Ordered that the Prayer of the Petition be granted, «fe that the Peti- 
tioner be impowered to join in the Sale of the within mentioned Prem- 
isses, for the Minors Part thereof Provided he give sufficient Security 

1 The House Journal reads, £5. 0. 7. 

2 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is December 2. 



228 



Province Laws (Besolves, etc.). — 1727-28. [Chaps. 23, 24.] 



to the Judge for the Probate of Wills &c for the County of Middlesex 
to improve the Income arising by the Sale of the Minors Part of the 
Premisses to his best Advantage & accompt with the said Judge for 
the Profits thereof & return the Principal & Interest to the Minor 
when he arrives of lawful Age ; Any Law Usage or Custom to the 
Contrary Notwithstanding. ^Fassed December 5. 



Legislative 
Reconis of tlie 
Council, xiii., 
465. 

House Jour- 
nal, p. 19. 
Ante, p. 153, 
cliap. 46. 



CHAPTER 23. 

RESOLVE ALLOWING £3. 13. 2 TO MAJOR CHANDLER & M" JOHN BROWN. 

An Accompt presented by Major John Chandler & M"" John Brown 
of their Time & Expence in surveying Province Lands lying near Mau- 
chaug Pond, Amounting to the Sum of £3. 13. 2. 

[Read and] 

Resolved that the Sum of Three Pounds thirteen shillings & two pence 
be allowed & paid out of the publick Treasury to the Accomptants John 
Chandler Jun"" and John Brown in full Discharge thereof. \_Passed 
December 5. 



CHAPTER 24 



VOTE IMPOWERING M« THOMAS CUSHING M« CALEB EDDY AND W*' 
LEE TRUSTEES TO TAKE CARE OF THE ESTATE OF ELISABETH 
WAKEFIELD &c. 



Legislative 
Records of tlie 
Council, xiii., 
466. 

House Jour- 
nal, p. 21. 



A Petition of Thomas AValker & John Walker Executors of the last 
Will & Testament of Thomas Walker late of Boston Dec"* (their Eather) 
Shewing that by the said Will their Sister Elisabeth Wakefield had one 
full Share of their said Fathers Estate which was to be paid to William 
Lee Shipwright, to be by him improved for her Benefit during her Life, 
that the saitl Lee declines to have an}' Concern about the said Estate, 
that the Petitioners have supplied the said Elisabeth & her Children 
for the Necessaries of Life with the Sum of £110. 11. 4 Praying that 
some proper Person may be impowered by this Court to take the said 
Elisabeths Share of the said Estate into his Hands «& impiove for her 
Use, & that the Petition" may be reimbursed the Money which they 
have advanced to their said Sister as afores'' 

Read & In Answer to this Petition 

Voted that M' Thomas Cushing & M"^ Caleb Edy together with the 
said William Lee be & hereby are full}'^ authorized & impowered to 
take the whole Care of the E^state whether Real or Personal given to 
the said Elisabeth Wakefield by the Will of her said [Father] ^ Thomas 
Walker Dec'' & dispose of the Profits thereof in all Things agreable to 
the Mind of the Testator, And that the said Trustees be also impowered 
to advance & pay unto the said Elisabeth «& her Children what Sum or 
Sums they shall think fit necessary or convenient. And the said Trustees 
are also hereby further impowered to reimburse the said P^xecutors the 
Sura of One Hundred & ten Pounds eleven shillings & four pence, out 
of the Personal Estate of the said Elisabeth by them necessarily ad- 
vanced for the Support of her & her Children. \_Passed December 6. 

1 Inserted from the State Library copy, Legislative Records of the Council, xiii., 467. 



[1st Sess.] Province Laws {Resolves, etc.). — 11 21 -2^. 229 

CHAPTEE 25. 

RESOLVE ALLOWING £8 TO JOHN STAQPOLE. 

A Petition of John Stagpole of Biddeford Praying for an Allowance LegSeiative 
for his Service as Pilot of the J'orces Eastward under the Command of councJf xm!^^ 
Coll. Thomas Westbrook in the Year 1724. ^^v-^f'?''^- 

Read and Accepted and ixxii., 303. 



Resolved That the sum of Eight pounds be allowed and paid out of Mass. 

the publick Treasury to the petitioner John Stackpole or his order in .^,'■^A'i^„•-''^• 

full discharge of his Services within mentioned. [Passed December 7.^ iious'e Jour- 
nal, p. 23. 



CHAPTER 26. 

RESOLVE ALLOWING PAYMENT OF THE MUST" ROLL OF THE GARRISON 
AT CASTLE WILLIAM. 

A Muster Roll of the Garrison in His Majestys Sei-vice at Castle Legislative 
William under the Command of the Hon*"^ William Dummer Esq"' Con- councif jdn^^ 
taining an Accompt of Wages due to them for their said Service from 46s. Mass. 
May 22. 1727, to Novem^ 22. 1727, Amounting to the Sum of £525. 1. 4. ^s?*""'^^' ^"^'^ 

Read and Accepted and ^;^J^^^; 

Resolved That the Suiii of Five hundred Twenty five pounds one shil- Archives, xci., 
ling and four pence be allowed and paid out of the publick Treasury journal, p. 23. 
to the Officers & soldiers born on the within Roll to whom the Same is 
respectively due in full discharge thereof. [^Passed December 7. 



CHAPTER 27. 

RESOLVE ALLOWING £190. 9 TO LIEUT. JOHN LARRABEES ACC^ OF 
VICTUALLING THE GARRISON AT CASTLE WILLIAM AND FURTHER 
ADVANCING TO HIM £200. 



An Accompt presented by Lieut. John Larrabee of the Charge of Legislative 
Victualling the Garrison at His Majestys Castle William from the 2-2^ councfi! .xiii.T 
of May 1727, to the 22<^ of Novem'^ 1727, The Ballance whereof due ^^rchiv^fslxci 
from the Province is the Sum of £190. 9. 230. '' ' 

Read & Accepted & Mass. ' 

Resolved That M' Treasurer Allen be accordingly Directed to pay to .>2'i*"^House*^''' 
the accomptant Liev' John Larrabee the sum of One hundred & Ninety .Jmimai, p. 23. 
pounds and Nine shillings out of the publick Treasury being the Bal- chap! 51.^''°* 
lance of his Accompt, and further to Enable the said Liev' John Lar- 
rabee to Victual the Gai'rison at His Majesties Castle William according 
to the last Establishment being Eight shillings <j? Week ^ Man, It is 
further 

Resolved That M"" Treasurer Allen be and hereby is further directed 
to pay and Advance to Liev' John Larrabee the sum of Two Hundred 
pounds for Victualling the said Garrison according to the s*^ Establish- 
ment taking Security from him for the true & faithfull performance 
thereof. [_Passed December 7. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 6. 



230 



PitoviNCE Laws {liesolves, etc. ) . — 1727-28. [Chaps. 28-30.] 



CHAPTER 28. 



ORDER IMPOWERING ASSESSORS OF LEICESTER TO LAY A TAX. 



Legislative 
Records of tlie 
Council, xiii., 
469. 

House Jour- 
nal, p. 2.1. 



A Petition of Samuel Green, Richard Southgate & Thomas Richard- 
son, Select men of the Town of Leicester by Order of the said Town, 
Praying tliat the Assessors there may be impowered to assess a Tax 
of one peny per Acre on all the Lands in the Easterly or Settlers Part 
for the Support of the Ministry & other necessary Charges. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Assess- 
ors of said Town be & hereby are allowed & impowered to lay a Tax 
for five Years next coming for the Uses mentioned accordingly. Any 
Law, Usage or Custom to the Contrary Notwithstanding. [_Pasiied 
December 7. 



CHAPTER 29. 



ORDER ON JON^ WHITNEYS PETITION IN REGARD TO FAILURE TO 
PERFORM CONDITIONS IN A DEED. 



Legislative 
Records of the 
Council, xiii., 
469. 

Legislative 
Records of the 
Council, xiii., 
333. House 
Journal, p. 25. 
Ante, p. 139, 
chap. 14. 



A Petition of Jonathan Whitney of Concord, Shewing that he pur- 
chased of one Joseph Ball of Watertown a Lot in the South Town of 
Turkey Hills, that by reason of the late Indian War he was prevented 
from performing the Conditions enjoined b}' the General Court in due 
Season, & that thereupon the Committee for the said Towns declared 
his Lot forfeited, that afterwards tliey admitted him upon the said Lot 
upon his paying them £5 & giving them Bonds for Thirty five Pounds 
more ; And for as much as he has now near performed all the Condi- 
tions, Therefore Praying that this Court would Order tlie said Commit- 
tee to return his Money afore mentioned. 

Read & 

Ordered that the Petitioner forthwith serve the Committee of this 
Court appointed to bring forward the Settlement of the said South 
Township with a Copy of this Petition that they make Answer thereto 
on Tuesday the ninth Currant. \^Passed December 7. 



CHAPTER 30. 



Legislative 
Records of the 
Council, xiii., 
470. Mass. 
Archives, xi., 
415. 

House .Jour- 
nal, p. 27. 
Love's Fast 
and Tli.'inks- 
giviuir Days of 
New Enalimd, 
p. 491. 



VOTE & ADVICE FOR A PUBLICK FAST. 

Voted That it is the Earnest desire of this Court that His Honour 
the Lievtenant Governour would Issue forth a proclamation for the 
Setting apart a day of fasting and prayer to almighty God that he 
would of his Mercy avert from us his awf ull hand that has been Stretched 
out against us in the late Amazing P^artliquake, and which Still con- 
tinues in Some parts of the province and that he would not inflict upon 
us the Judgements which Our Sins have deserved. \_Passed * Decembers. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 231 



CHAPTER 31. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF THE SOUTHERLY PART OF DEDHAM FOR A MINISTER. 

The Committee appointed by the Great & General Court to take Legislative 
into Consideration the Circumstances of the Town of Dedham upon coundi* \Ui!^^ 
a Petition of the Southerly Part of the said Town, having attended ^"i- 
the said Service, report as follows ; That upon viewing the Situation Legislative 
& considering the Circumstances of both Parts of the Town as well councif, xH*l,^ 
as hearing their Pleas «& Allegations, they are of Opinion that it will ■^^'^- ^?"%q 
be inconvenient to grant the Prayer of the Petition at present ; But Ante, p.'iTS, 
for as much as it appears to the Committee that the Major Part of ^^^^^^- ^^-• 
the Petitioners labour under great Ditticulties in the AVinter Season 
in attending the publick Worship of God by reason of their Distance 
from the Meeting House, the Committee humbly propose that the pub- 
lick Worship of God be performed by a Minister to be provided by the 
Petitioners iu some private House as near the Center as may be for 
five Months in the Year viz November, December, January, February 
& March, & that there be allowed Thirty shillings per Sabbath for the 
said Service ; The Charge to be born by the whole Town, & to continue 
until the further Order of this Court ; All which is humbly submitted . 
Dec. 8. 1727. By Order of the Comm"^'' Spencer Phips. 

Read & 

Ordered that this Report be Accepted. [Pa.ssecZ December 11. 



CHAPTER 32. 

RESOLVE CONFIRMING 1,000 ACRES OF LAND TO THE HEIRS OF CAPT. 

JOHN ALLEN. 

A Plat of One Thousand Acres of Land was presented by Thomas Legislative 
Church Esq^ Pursuant to the Order of this Court for fulfilling a Grant councif xuf^ 
formerly made to Cpt. John Allen ; Being bounded as follows, viz, 472. Mass. '' 
Southerly on Shrewsbury, Westerly on Rutland, Northerly on Prov- t\vu]\T.' 

ince Land, & Easterly on a Rocky Stream of Water being the West- ^^^^ 

erly Bounds of Lancaster new Grant, containing within it Two hundred Archives, 
Acres of Land laid out to M'' Johnson, Surveyed & Platted by William House'jour- 
Ward Survey'^ The Grant to the said Cpt. Allen being made in the Year '^^' i?- '^■ 

■I pro Province 

■lt)0«. Laws, Ix., 659, 

Read and chap. 24. 

Resolved That the said plann be and hereby is Accepted, and the 
Lands within Set forth (Exclusive of the said 200 Acres) are Accord- 
ingly Confirmed unto the Heirs or lawful! Representatives of the said 
Cap* John Allen Dec'" in full Satisfaction of the within mentioned Grant 
made to him, provided the Land platted as within contains not more 
than One Thousand Acres exclusive of the said 200 Acres, and does 
not interfere with any other or former Grant. \_Passed December 11. 



232 



Province Laws {Resolves, etc). — 1727-28. [Chaps. 33-35.] 



CHAPTER 33. 



RESOLVE ALLOWING £10 TO ABR. JOHNSON. 



Legislative 
Records of the 
Council, xiii., 
473. Mass. 
Archives, 
Ixxii., 319. 

House Jour- 
nal, p. 28. 
Infra, chap. 35. 



Resolved That the vSiiin of Ten pounds be allowed and paid out of 
the publick Treasury to Eldward Winslow Esq' to be by him disposed 
of to the best Advantage for the Cloathing of Abraham Johnson lately 
return'' from Captivity, who may be of Service to the province. \_Passed 
December 11} 



CHAPTEE 34:. 



RESOLVE ALLOWING £8 TO D'' ZABDIEL BOYLSTON AND £20 TO ROB^ 

WILSON. 



Legislative 
Records of the 
Council, xiii., 
471. Mass. 
Archives, 
Ixxii., 301. 

JMass. 
Archives, 
Ixxii., .300. 
House -Jour- 
nal, p. 28. 
Ante, p. 125, 
chap. 334. 



A Petition of Robert Wilson of Boston Black smith Praying some 
further Allowance from this Court for a "Wound he received while in 
the Service of the Province at Fort Richmond under the Command of 
Cpt. Joseph Heath by a Shot in his Leg. 

Read and Accepted and 

Resolved That the sum of Eight pounds be allowed and paid out of 
the publick Treasury to M'' Thomas Cushing to be by him repaid to 
D"" Zabdiel Boylstone in full discharge of the said Boylstones Accompt 
of Medicines Attendance &.'^ on the petitioner, and that the further 
Suin of Twenty pounds, be allowed and paid out of the publick Treas- 
ury to the said M"" Thomas Cushing to be by him used and Employed 
for the Relief of the petitioner more especially in Obtaining a Cure of 
his Wounded Legg. \_Passed December 11.'- 



CHAPTER 35. 



Legislative 
Records of the 
Council, xiii., 
473. Mass. 
Archives, 
Ixxii., 318. 

Mass. 
Archives, 
Ixxii., 315. 
House Jour- 
nal, p. 28. 
S up r a, chai:i. S3. 



RESOLVE ALLOWING £72 TO CAP^ JOS. BISSELL. 

A Petition of Miriam Matthews of Beverly, Setting forth That her 
Son Abraham Johusou being taken Captive by the Indians above five 
Years since is ransomed & returned Home, that Capt. Joseph Bissel 
paid the Ransom Money which amounted to Seventy two Pounds of 
this Country Money^, & has her Husbands promissary Note for reim- 
bursing the said Money ; And for as much as the said Abraham John- 
son may be of Service to this Governm' by reason of his Knowledge 
of the Indian Language & Countrey, Therefore Praying that the said 
Sum of Seventy two Pounds may be allowed & paid out of the publick 
Treasury. 

Read and Accepted and 

Resolved that the siim of Seventy Two pounds be allowed and paid 
out of the publick Treasury by M"^ Treasurer Allen to Cap' Joseph 
Bissell for so' much the said Bissell advanced for the Redemption of 
the petitioners son Abraham Johnson, & that M' Treasurer be directed 
to take up the security given the s"^ Bissell for the repayment of the 
Redemption Mouy. [^Passed December 12. 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 12. , 

•^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is December 9. 



[1st Sess.] Peovince Laws (i?esoZve.s e<c.). — 1727-28. 233 



CHAPTEK 36. 

VOTE REFERRING TO HASSANIMISCO LAND. 

Samufx Thaxter Esq" from the Committee of both Houses on the Legislative 
Petition of Samuel Chandler & others, Praying to be allowed to pur- councif, xm!",^ 
chase the Lands of Hassanimisco made the following Report ; Viz, ^ 



Pursuant to the within Order a Major Part of the Committee repaired House Jour- 
to Hassanimisco, & having carefully viewed the Lands proposed to be (june, i725) ; 
sold by the Natives there, containing about Seven Thousand five Hun- ^^^ff'^^^Q 
dred Acres ; About one Half Part whereof being a good Soil but very chap'. 88. 
stony, the other Half Pitch Pine & Shrub Plain, are of Opinion, & 
have accoi'dingly valued & estimated the same at the Sum of Two 
Thousand five Hundred Pounds under the Conditions proposed by the 
Hon'*''' House of Represent"'^' in their Session June 9*'' 1726,^ [as] here- 
with exhibited may appear : In the Name of the Comm""^ 

Sept. 21. 1727. Sam'^'- Thaxter. 

In the House of Represent"^^ Read & Accepted, And 

Voted that upon Payment of the Sum of Two Thousand five Hundred 
Pounds to the Trustees hereafter named, Liberty is hereby given to 
purchase the Lands at Hassanimisco within refer'd to, petitioned for 
by Samuel Chandler, John Sherman and others, they complying with 
& performing the several Conditions mentioned in a Vote of the House 
of Represent''^' pass'd in the Mouth of June 1725 on the Petition of 
James Watson, Samuel Hall & others Praying for Liberty to purchase 
the said Lands at Hassanimisco & that Cpt. Ooddard & Cpt. Ephraim 
Curtis with such as the Hon''"'' Board shall appoint be Trustees & are 
hereby fully authorized & impowered as well to approve of the Deeds 
to be executed by the Indians for the said Lauds as to receive the 
said Sum of Two Thousand five Hundred Pounds of the said Peti- 
tioners, & that they take Care & see that the said Petitioners effectually 
comply with & perform the Conditions mentioned in the aforesaid Vote 
of the 9"" of .June 1725, and also that they let out the Consideration 
Money of the Purchase at Interest on good & sufficient Security, which 
Interest shall by the said Trustees be paid to the Indian Proprietors 
of the afore mentioned Lands, as this Court shall from time to time 
order & appoint : And the said Trustees shall also be obliged to render 
an Accompt annually of their Proceedings to the General Court in their 
May Sessions ; And that M' Wells & M'' Bysby with such as the Hon"^« 
Board shall appoint be a Committee to project a proper Method to 
oblige the Purchasers fully to comply wuth the Terms on w^hich they 
shall settle the same, Which Method shall be laid before the General 
Assembly & approved of by them before the Deeds for the said Lands 
be executed by the Indians ; Any former Order or Resolve of the 
General Court to the Contrary Notwithstanding. 

In Council ; Read & Concur'd, & 

Ordered that Spencer Phips Esq"" be joined as a Trustee for the 
Indians, & that John Stoddard Esq'' be joined with the Committee 
appointed to project a Method to oblige the Petition" to comply with 
the Terms &c. [^Passed December 12. 

1 A mistake for 1725. See the vote infra; also House Journal, p. 26. 



234: 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 37-39. J 



CHAPTEK 37 



RESOLVE ALLOWING £10 TO W^' JEFFRY. 



Legislative 
Records of the 
Council, xiii., 
476. 311188. 
Archives, 
xxxi., 1.5.1. 

Mass. 
Archives, 
xxxi., 154. 
House Jour- 
nal, p. 31. 
Province 
Laws, X., 481, 
chap. 141; 650, 
Chap. 199. 



A Petition of William Jeffry of Harwich Indian, Shewing that in 
the Service of this Province under the Command of Capt. Josiah Win- 
slow when he was slain by the Indian Enemy at S' Georges River, the 
Petitioner received a Wound through his Wrist which has disabled him 
from labouring for his Support, Praying the further Consideration of 
this Court for his Allowance on the Account of the said Wound. 

Read and 

Resolved That the Sum of Ten pounds be allowed and paid out of 
the publick Treasury to Cap' Edmund Freeman for the Use of the peti- 
tioner to be by him delivred for the Support of the petitioner as the 
Necessity may require. [^Passed December 13. 



CHAPTER 38. 



RESOLVE ALLOWING £29. 19. 6 FOR REPAIRS AT CASTLE W. 



Legislative 
Records of the 
Council, xiii., 

477. 

House Jour- 
nal, p. 31. 



An Accompt presented by Lieut. John Larrabee of sundiy Repairs 
effected at Castle William, Amounting to the Sum of £29. 19. 6. 

[Read and] 

Resolved that the Sum of Twenty nine Pounds nineteen shillings & 
six pence be allowed & paid out of the publick Treasury to John Lar- 
rabee to be by him repaid to whom it is respectively due in full Dis- 
charge thereof. l_Passed December 13. 



CHAPTEE 39. 



VOTE ON W=" MUDGETS PETITION IN REGARD TO POSSESSION OF A 

HOUSE. . 



Legislative 
Records of the 
Council, xiii., 
479. 

House Jour- 
nal, p. 14. 



A Petition of William Mudget of Haverhill Shewing that on or about 
the twenty eighth Day of October last one William Humphreys with five 
other Irish men by Force of Arms entered into a Dwelling house which 
he had built in said Town, & into which he was about to remove his 
Family, &, in an unlawful Manner possessed them selves of the said 
House, «Sc held the same with Violence, having committed several Out- 
rages on the Petitioner & his Work men who went there to finish the 
said House, And therefore Praying that this Court would grant him 
such Relief as that he may quietly «& peaceably enjoy his own Estate 
&, Property. 

Read & 

Voted that any of the Justices of the County of Essex upon Applica- 
tion made to them by the Petitioner be & hereby are directed by this 
Court to enquire into the 3Iatters of Complaint within mentioned, «& 
that they proceed according to Law. \_^Passed December 14. 



£lsT Sess.] Province Laws {Resolves^ etc.). — 1727-28. 235 



CHAPTEK 40. 

ORDER GRANTING A LICENSE TO HEN. FAREWEL JUN« TO KEEP A 

TAVERN. 

A Petition of Henry Farewell Jim"^ of Dunstable Shewing that since Legislative 
the Death of Josepli Blanchard there has been no Tavern kept in the councff xni*^^ 
said Town, that the Petitioner has thereupon obtained the Approba- 479. Mass. 
tiou of the Select men for his following that Employment there, And 1^2. ^^^^'^^^■' 
therefore Praying that this Court would impower the Court of Gen- '^^^ 
eral Sessions of the Peace for the County of Middlesex to give him a Archives, cxi., 
Licence to keep a Tavern in the said Town (if they think fit.) journa?,^f.%2. 

Read and Eaws'T 415 

Ordered That the Justices of the peace for the County of Middlesex chap.'i. ' 
be and hereby are allowed and impowred in their present Session to 
grant a Licence to the petitioner if they See Cause to be a Taverner 
in Dunstable the Time by Law Appointed for this present year being 
elapsed or any other Law Usage or Custom to the Contrary Notwith- 
standing. [Passed December 14. 



CHAPTER 41. 

ORDER GRANTING A LICENSE TO JOHN FOWLE JUN^ TO KEEP A 

TAVERN. 

A Petition of John Fowle Jun"" Shewing that his Mother being about Legislative 
to lay down her Tavern at Woburn, &, to remove from her House which councfi! xlii!!^ 
is very accomodable for an House of Entertainm' the Select men of that 480 Mass. ' 
Town have granted their Approbation to the Petitioner for that Sei'- 100. ' ' ' 
vice, Thei'efore Praying the Order of this Court to impower the Court '^^^^ 
of General Sessions of the Peace for the said County to grant him a Archives, cxi., 

99 H0U6G 

Licence to keep a Tavern in the said House accordingly. journal, p. 33. 

Rp'id .nnd Province 

xtedu auti j^av^s, ii., 415, 

Ordered That the prayer of the Petition be granted, and the Justices chap. i. 
of the peace for the County of Middlesex in their present Session are 
allowed and impowred if they see Cause to grant a Licence to the 
petitioner to keep a Tavern accordingly, the Time by Law Appointed 
for granting Licences this present year being elapsed notwithstanding. 
[Passed December 14. 



CHAPTER 42. 

VOTE DEFERRING THE HEARING ON JON^ WHITNEYS PETITION. Legislative 

Records of the 

Voted that the Hearing on the Petition of Jonathan Whitney be ii^^^^ '^^^^'' 
refer'd to Thursday the twenty first Day of Decem' Instant at three House Jour. 
a Clock in the Afternoon. [Passed December 15. nai, p.35. 

i- Ante, p. 230, 

chap. 29. 



236 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 43-45.] 



CHAPTER 43. 



Legislative 
Records of tlie 
Council, xiii., 
481. Mass. 
Archives, xli., 
61. 

House Jour- 
nal, p. 35. 
Province 
Laws, i., 367, 
chap. 1; 369, 
chap. 2 ; 418. 



VOTE FOR ADJOURNING THE COURTS IN ESSEX. 

Whereas the Court of General Sessions of the peace and Tnferiour 
Court of Common pleas for the County of Essex are by Law Appointed 
to be held and kept at Salem in and for the County of Essex on the last 
Tuesday of December Currant and Several of the Justices of the said 
Courts, and others concerned are Members of this Court 

Ordered That in Consideration of the pi-esent Sitting of the Great 
and General Court the said Justices are directed to adjourn the said 
Courts to the third Tuesday in January next, Any Law Usage or Cus- 
tom to the Contrary notwithstanding. \_Passed December 15. 



Legislative 
Recorrls of the 
Council, xiii., 
490. Mass. 
Archives, 
cxiii., 731. 

Mass. 
Archives, 
cxiii., 7'29. 
House Jour- 
nal, p. 33. 
Province 
Laws, x.,50, 
chap. 110. 



CHAPTER 44. 

ORDER GRANTING POWERS AND PRIVILEGES TO THE TOWN OF 

SHREWSBURY. 

A Petition of the Inhabitants of the Town of Shrewsbury Setting 
forth that the Committee appointed to conduct their Affairs do refuse 
to act any further in that Matter, so that the said Inhabitants, not 
being invested with the Privileges of a Town, are under great Dillicul- 
ties as to their raising their Tax for the support of their Minister, & 
other Matters ; Therefore Praying that they may be vested with the 
Powers of other Towns in this Province. 

Read and 

Ordered That the prayer of the petition be granted, and the said Town 
of Slirewsbury is accordingly endowed with equal powers priviledges 
and Immunities with any other Town in this province, And That Cap' 
John Keyes a principal Inhabitant in the said Town be impowred and 
directed to Notitie and Summon the Inhabitants duly qualified for Voters 
to meet and Assemble for the Choosing of Town officers to Stand until 
the next Annual Election according to Law. [^Passed December 15.^ 



Legislative 
Records of the 
Council, xiii., 
470, 4S1. 

House Jour- 
nal, pp. 27, 37. 



CHAPTER 45. 

VOTE ON RACHEL WHITTENS PET«<'^ IN REGARD TO RECORDING A 

DEED. 

A Petition of Rachel "Whitten Administ'' of the Estate of Elias 
Whitten her Husband late of Newbury Dec*^ Shewing that she hath 
obtained a Power from tlie Justices of the Superior Court to make Sale 
of twelve Acres of Land of the said Estate in Order to pay the Debts 
due therefrom, that the said twelve Acres is Part of Thirty two Acres 
which her said Husband purchased of D"" Joshua Bailey of Haverhill & 
is Parcel of a Tract of Ninety Acres conveyed to the said Joshua Bailey 
by his Uncle Joshua Bailej' late of Newbury Dec*^ who first gave him a 
Deed by which he entailed the said Land to the Heirs of the Body of 
the said D"" Bailey but upon some Dispute the Uncle refused to ac- 

» This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is December 19. 



[1st Sess.] Province Laws {liesolves, etc.). — 1727-28. 237 

knowledge the said Deed, & afterwards, the Matter ])eiug accomodated, 
the Uncle gave a second Deed conveying the Land in Fee Simple to 
his Nephew, supposing the first Deed to be destroyed, which his Nephew 
assured him, that in the Life Time of the Uncle the said D' Bailey got 
the "Witnesses to swear to the Execution of the first mentioned Deed 
before Stephen Sewall Esq'' one of His Majestys .histices of the Peace 
for the County of P^ssex, who being likewise Register of the County, 
put the said Deed upon Record, & after the Death of the said Joshua 
Bailey the Uncle the said D"^ Bailey got the said Deed proved in open 
Court ; By all which means the Petitioner & all her fatherless Children 
are like to be greatly wronged & deprived of the Land w'''' their Father 
justly & fairly purchased, And therefore Praying for Relief from this 
Court. 

[Read and] 

In Answer to this Petition, 

Resolved that the Recording the Deed of Joshua Bailey late of New- 
bury Dec*^ Dated May 20. 1713, before it was acknowledged by him & 
while he was alive, & in the Province, although the Witnesses were 
sworn to the Deed, was contrarj' to the Law of this Province for Register- 
ing of Deeds &c, and therefore of no Force in the Law, And the swear- 
ing the same Witnesses afterwards in open Court de Novo, (though 
after the said Baileys Decease) to the Execution of the said Deed was 
very irregular & of no Validity & could convey no Title, It being after 
a good Deed for the same Land by the said Joshua Bailey was executed, 
duly acknowledged, & recorded. [Passed December 16. 



CHAPTER 46. 

ORDER IMPOWERING SELECTMEN OF RUTLAND TO LEVY A TAX. 

A Petition of Simon Davis of Rutland in behalf of the said Town, Lepsiative 
Praving that the Inhabitants of the said Town may be impowered to Rei?ords of the 

1 " riV e 1-, A 11 ^1 T 1 ..,.,, r^. n,r., COUIlCll, Xlll., 

lay a i ax of one Feny per Acre on all the Lauds within the Six Miles 483. Mass. 
square or Settling Part of the said Town whether improved or unim- ^xni"^!!'. 

proved divided or undivided, as well those that belong to the Present ^;[^ 

Inhabitants or Proprietors as those that belong to the Non Resident Archives, ^ 
Proprietors, for the Space of five Years next coming or for such other House Jou?^' 
Term as this Court shall think fit, & that the said Lands may be sub- nai, p.37. 
jected to pay the same, that so the said Town may be enabled to 
support their Minister honourably, & that the Worship of God may 
be thereby promoted & upheld among them. 

Read and 

Ordered That the prayer of this petition be granted and That the 
Assessors of the Town of Rutland be allowed and impowred to Assess 
One penny p Acre on all the Lands within the Six Miles square, or 
Setling part of the said Town for the space of Five years next comieng, 
belonging either to the Residents or Non Residents for the Use of the 
Ministry there, and the said Lands are subjected to the payment thereof 
accordingly, any Law usage or Custom to the contrary notwithstand- 
ing.^ [Passed December 18. 

1 This order is taken from Mass. Archives ; it is omitted in the Legislative Records of 
the Council. 



238 



Province Laws {Besolves, etc.). — 1727-28. [Chaps. 47-49.] 



CHAPTER 47. 



VOTE FOR A TRADING HOUSE ON SACO RIVER. 



Legislative 
RecordB of the 
Council, xiii., 
483. 

House Jour- 
nal, p. 36. 



A Petition of John Stagpole of Biddeford in the County of York, in 
behalf of him self & sundry other priuciptil Inhabitants of the said Town, 
Setting forth sundry Inconveniences that have & will attend the Inhabi- 
tants of that Town, if there should be a Ti'ading House established at 
the Sea Side for carrying on the Indian Trade, Proposing that there 
may be a Trading House built on Saco River at some good Distance 
above the Town that so those Inconveniences may be avoided : 

Read & Accepted, & 

Voted that agreable to the Plan hereto annexed, there be a Trading 
House erected a little below the Salmon Falls on Saco River, being 
eight or nine INIiles distant up the River from an other Pair of Falls 
where a Stone Fort was formerly erected, And that the Trading House 
be built on the West Side of the River as nigh thereto as convenientl}' 
may be, & to be of the following Dimensions ; Viz, Forty five feet 
long, twenty seven feet wide & nine feet Stud ; To be built of square 
Pine Timber, nine Inches thick at least, with a Store house adjoining 
for the Reception & safe Keeping the Goods &, Merchandize to be sent 
for the Carrying on the Trade with the Indians. [Passed December 18. 



CHAPTER 48 



VOTE FOR CALLING IN THE TEN SHILLING BILLS. 



Legislative 
Records of the 
Couucil, xiii., 
48-2. Mass. 
Archives, ci., 
478. 

House Jour- 
nal, p. 37. 
Province 
Laws, i., "."iO, 
chap. 10; ii., 
61, chap. 18. 



Whereas there are many Counterfiet ten shilling Bills of Credit on 
this province passing between Man and Man, and thereby many honest 
persons that are not well acquainted with or able to distinguish between 
the good & Counterfiet Bills may be imposed on 

Resolved That from and after the first day of August next comieng 
no person presume in any private payment to put off or pay any ten 
shilling Bills of Credit of this province, and That the Treasurer is 
hereby directed & impowred to exchange all Such Bills brought to 
him and to rccieve in all the said tenshilling liills (pkovided They 
are not Counterfiet) of and from the Trustees of the £50,000 Loan, 
and the Commissioners of the £100,000 Loan and all the Recievers 
Subordinate to the Treasurer. [^Passed December 19} 



CHAPTER 49. 



RESOLVE DISCHARGING THE TREASURER OF £16,201. 6. .5. 



Legislative 
Records of the 
Council, xiii., 
487. Mass. 
Archives, ci., 
477. 

Mass. 

Archives, ci., 
476. House 
.Tournal, p. 20. 
Ante, p. 198, 
chap. 176. 



In Obedience to an Order of the Great & General Court at their Ses- 
sion in Ma}^ & continued by Adjournm' to August following, appoint- 
ing us the Subscribers a Committee in the Recess of the Court to take 
an Accompt of Province Bills of Credit that are torn & defaced ; We 
have accordingly received of M' Treasurer Allen the Bills of the De- 
nomination in the above Accompt. Amounting to the Sum of Sixteen 
Thousand two Hundred & one Pounds six shillings & five pence ; All 
which we have consumed to Ashes ; Whereof £1,425. 12. G Part of the 



> This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is December 19. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 239 

afore said Sum was delivered us upon Accompt of the £50,000 Loan 
received of tlie Trustees mentioned on the other Side, & the £10,000 
Interest received of the Commissioners of tlie £100,000 Loan, Also 
the remaining Sum of £4,775, 13. 11 on Accompt of the Province, as 
being received in by Taxes, Impost & Excise, jNIaking in the Whole 
the Sum of Sixteen Thousand two Hundred & one Pounds six shil- 
lings & live pence : As Witness our Hands this 27"* Day of October, 
1727 ; To two Receipts of this Tenour & Date. 

Jos. Wadsworth Tho. Chever 

Step. Hall Nath'-'- Byfield 

Nath'-'' Green Add. Davenport 

Dan"-^ Oliver Thomas Fitch 

Ezek. Lewis Jon^ Belcher 

Tho. Gushing 
Read and 

Resolved That this Report be Accepted and That M'' Treasurer Allen 
be & hereby is discharged of the said Suin of Sixteen thousand two hun- 
dred & One pound' Six shillings and five pence Accordingly. \_Passe(l 
December 19. 



CHAPTER 50. 

BESOLVE ALLOWING £20 TO DAN"- WALDO. 



A Petition of Daniel Waldo, Shewing that he leased of the Town Legislative 
of Dorchester a Tract of Land lying between Brantrey &, Bridgewater coundi^ xUi!'^ 
in the Bounds of Dorchester as was then supposed, That in running 487. Mass. 
the Colony Lines, his improved Lands fell within the Colony of Plym- xvii-VIsl.' 
outh, but were afterwards declared to be within the late Colony of the j^jj^gg 
Massachusets, And two Hundred Pounds was returned into the Prov- Archives, 

xvii 479 

ince Treasury for Lands sold there, that the Petitioner improved the House Jour- 
said Land sixteen Years, & was afterwards ejected out of those Lands, "'J.'- fr^^^ 
And therefore in Consideration of his own Loss, Trouble & Charge, as Laws, x., 50, 
well as the Benefit accruing to the Province by the Sale of those Lands, ^^^'^' ^^^' 
Praying such Allowance out of the publick Treasury for the same as 
to the Justice & Goodness of this Court shall seem fit. 

Read and in Answer to this petition 

Resolved That the Sum of Twenty pounds be allowed and paid out of 
the publick Treasury to the petitioner Daniel Waldo in full discharge 
of the Losses & services within mentioned. \_Passed December 19. 



CHAPTER 51. 

ORDER GRANTING 300 ACRES OF LAND TO JOS. HILL ESQ^. 

A Petition of Joseph Hill of Wells in the County of York Esq"" Shew- Legislative 
Ing that he has been in sundry Engagements in the Service of his Country coundf xUi!^^ 
in the War against the Indian Enemy from the Time of the Administra- 488. 
tion of Sir Edmund Andrews's Governm* In many of which Engagements House Jour- 
several of the Indians have been slain ; And therefore Praying, that for ^^^' ?• ^'^• 
his Services therein, this Court would please to grant him Two or three 
Hundred Acres of the unappropriated Lands of the Province lying within 
the County of York aforesaid. 

Read & 

Ordered that the Petitioner have Leave by a Survey'' & Chain men 



2iO 



Province Laws {Besolves, etc.). — 1727-28. [Chap. 52.] 



under Oath to survey & lay out Three Hundred Acres of the unappro- 
priated Lauds of the Province, Provided the same does not hinder the 
Settlement of any of the new Towns proposed to be made on the Line 
of Towns in the County of York, And that the Petitioner be directed 
to return a Plat of the Land within twelve Months for Confirmation in 
Answer to this Petition. \_Passed December 19. 



Legislative 
Records of the 
Council, xiii., 
490. Mass. 
Archives, 
cxiii., 738. 

Mass. 
Archives, 
cxiii., 736. 
House Jour- 
nal, pp. 30, 42. 
Province 
Laws, ii., 4(j7, 
chap. 14. 
Ante, p. 233, 
«hap. 36. 



CHAPTER 52. 

RESOLVE ACCEPTING THE REPORT REFERRING TO THE PURCHASERS 
OF HASSANAMISCO LAND. 

John Stoddard Esq'' from the Committee appointed to project a 
INIethod to oblige the Purchasers of Hasanimisco Lands to comply with 
the Conditions of the purchase, gave in the following Report ; viz. 

The Committee having considered the several Articles & Conditions 
on which the Petitioners for Hassauainisco have Liberty to purchase 
a Tract of Land commonly known by that Name of the Indians Pro- 
prietors thereof, are humbly of Opinion, That the Petition'" before the 
Execution of their Deeds, shall each one for him self respectively be 
bound to the Trustees appointed for the said Indians, & their Succes- 
sors with Sureties for Paying a Forty ninth Part of the Cost of build- 
ing a Meeting House convenient for the publick Worship for them selves 
& nine English Families already settled in Hassaniniisco, & the Indian 
Inhabitants of said Hassaniniisco, as also for paying the same Propor- 
tion for building a School House convenient for the teaching to read 
& write the Children of the same Inhabitants as well Indians as Eng- 
lish, And that they set a part Twenty Acres of said Land for the Use 
of said School to remain for said Service for ever, & also for paying the 
same Proportion for & towards the settling a learned orthodox Minister, 
& for setting forth to the said Minister a Lot of Land equal to the other 
Allotments, to be his own as soon as he takes Office among them, & 
likewise the building for him self said Petitioner a convenient Dwelling 
House & breaking up four Acres of Land in the Lott oj" Dividend that 
shall be apportioned & set off to him ; All to be within the Time & 
according to the Limitations in the Act of the Great & General Court 
relating thereto in their present Session ; And for as much as there are 
nine English Families already settled on Lands in Hassaniniisco that 
will be accomodated by the Meeting House, School House, Minister, 
& School Master in said Hassaniniisco, as above, The Committee hum- 
bly propose that the said nine Families be by an Act of this Great & 
General Court required to pay a forty ninth Part each to & for erect- 
ing & finishing said Meeting House, & to «fe'for the support of said 
Minister & School master. And in as much as the IMaintaining said 
Minister & School Master are to be from Generation to Generation, & 
consequenth" not so proper for Condition in a Bond, the Committee 
humbly conceive that in the afore said Act of this Great & General 
Court, the said forty Petitioners with the other nine English Inhabi- 
tants shall be obliged from time to time for ever hereafter to maintain 
a Minister & School master for the Indians & their Children without 
Cost or Charge to the said Indians or their Posterity. 

(Sign'd) John Stoddard per Order. 

Read & Accepted. [^Passed December 19. 



£lsT Sess.] Province Laws {Resolves, etc.). — 1727-28. 2-41 



CHAPTER 53. 

RESOLVE AUTHORIZING THE TREASURER TO SUPPLY GOODS FOR THE 

INDIAN TRADE. 

An Indent presented by Cpt. Samuel Jonlfiu of sundry Goods & ^y.^'jrjfg^of t^e 
Merchandize, uecessarv for carrvins on the Indian Trade at Biddeford Couucii, xiii., 

T3„ 1 1 -^ "^ ° iUS. Mass. 

Kead and AnhUes, 

Resolved That M"" Treasurer Allen be and hereby is directed to send xxxi., 153. 
the particuhxrs mentioned in the within Indent^ to said Samuel Jordan i\rass. 
to the Value of Two Hundred seventy Eight pounds, and that he inform xxxi.'Jis^- 
the said Jordan that he Conform to the Rules & Instructions in dis- n'ouseJour- 
posing of the said goods & returning the proceeds thereof as he bad Ante, p. -iu, 
to govern himself in the Sale of the goods sent him the last Session of c1i'^p-220. 



the Court. \_Passed December 22. 



CHAPTER 54. 

ORDER ESTABLISHING A SESSION OF THE SUP" COURT IN THE COUNTY 

OF BARNSTABLE. 

A Petition of the Represent''^' of the Towns within the Counties of o^^'^^^^^^f .v, 

■r. 1 1 o T^ 1 i-< i-i • J- 1 1 T • • Records of the 

Barnstable & Dukes County, Setting forth the great lucouveniencies Council, xiu., 
the Inhabitants of the said Counties labour under by being obliged to ArcUives^xii. 

attend the Superior Court of Judicature & Court of Assize in the County ^ 

of Plymouth ; And therefore Praying that the said Courts may sit once Mass. 

in the Year within the County of Barnstable in or about the Mouth of isy^'iijfuse^^''' 

October or such other Time as this Court shall iudge meet. Journal, p. 42. 

T^ , , JO Province 

Read and Laws, i., 370, 

Ordered That the prayer of the petition be granted and the petitioners ^es^^chap! w. 
are allowed to bring in a Bill Accordingly. [^Passed December 22. 



CHAPTER bTj. 

VOTE FOR ENCOURAGING THE MAKING OF CANVAS. 

A Petition of John Powell of Boston Merch' Setting forth that he Legislative 
has found by Experience that the Flax & Hemp of this Countrey are coTm-n, -° m!]^ 
very good & suitable for the making of Sail Cloth, by which Manu- 493- Mass. 

1 "beddiford yo 1 december 1727 

M' treas'' alien S'' thes thinges under retten are what the Indians en formed Me thay 
Stand In Need of and desier thes thinges May be sent 

from your hum'^''= Sarvient 

Sam'-'* Jordan 
to 24 bus Meal to 4 or 5 hh'' bread 

to fiO detto of Corn to 15 bus pees 

to ^ a barrele pouder to Molls 

to 21b Shot to rum 

to 4 or 5 good gons to 3'^ Coler thread 

to 4 doz braces Kettles from 6 q' to 12 q' to 3"^ white thread 

to 3 doz teen Kitteles 3 q' to 4 q to Som gartren 

to 18 Steel trapes to Cath beewour to 4 peses of half thiekes [illegible] read and 

to 3001"' tobacco blow 

to 4 doz hatchets to 4 or 5 pecess Strouds 

to 5 doz Steeles and 500 flents to 5 gross of Long pipes " — Mass. Archives, 

to 5 doz knifes xxxi., 152. 



212 Province Laws (i^eso/res, e<c. ) . — 1727-28. [Chap. 55.] 

'isT?^^^*^"' ''^'' f ^cture (if it be duly encouraged) great Advantages will accrue for 
:^^^ the Trade of this Province by lessening the Importation of that Corn- 
Archives, lix., modity, That the Memorialist has not had that Elucouragement given 
mlwbfiii^'^^' ^"^ ^'^ ^^'^ undertaking of that Business, which he exi)ected ; And for 
House Jour- as uiuch as he has already made a considerable Quantity of the said 
ii' ^nte'[).!^2, Cloth wliich the Sail makers allow to be as good as Hollands Duck, & 
chap. 133. jjr^s furnished the Merchant Vessels & Pushing Vessels with the same 

which will prove very advantageous to the Province & he finds it neces- 
sary to have a considerable Stock to carry on the said Manufacture to 
Effect, Therefore Praying that a Committee may be appointed to hear 
what Proposals he has to make the Court for such au Allowance as will 
effectually encourage his Undertaking. 

Read and in Answer to the within ^Memorial 

Mesoloed That for the Encouragement of, and to Enable the Memo- 
rialist to enter upon so great an Undertaking a Bount}' of Thirty shil- 
lings be allowed and paid out of the puljlick Treasury to the said John 
powell and his Assigns onl}" for & during the Space of Ten Years next 
comieng after tlie first day of January next for each and everj^ piece 
of Duck or Canvas made of Hemp and Flax of the Growth of 2sew 
England that shall ])e thirty Six yards long, Thirty Inches Wide of a 
good even thread Avell drove and of a good bright Colour being wrought 
wholly of good Strong water rotted Hemp or Flax that shall weigh Forty 
five pounds at least, each piece or Bolt, and pass the Surve}' of Such 
persons asshallbe appointed by this Court to Survey the Same upon 
Oath, that then upon producing a Certificate the Treasurei; of the prov- 
ince for the Time being be directed to pay to the Memorialist or his 
Order the aforesaid Bounty of Thirty shillings for every piece of Can- 
vas so manufactured by the said John powell or his Underworkmeu 
within this province for and during the space and Term of Ten years 
as aforesaid, all which pieces shall be Surveyed Sealed or marked b}' 
the aforesaid Surveyors, provided always that the jMemorialist or his 
Assigns shall not be Entitled to the Bounty of the Twenty shillings or 
any part thereof given by this Court for the PLncouragement of the afore- 
said Manufacture at a Session begun and held at Boston the twenty fifth 
day of May 1726, And inas much as great Cost & Charge will attend Such 
an Employ, an d th e Memorialist necessitated to raise and expend very 
considerable Sums of Mony at his own risque It is further 

Resolved that when and so soon as the Memorialist shall have made 
and perfected One Hundred pieces of Canvas That shall pass the Sur- 
vey as aforesaid, the Treasurer of the province for the Time being 
shall advance and put into the Hands of the said John powell or his 
order Two Thousand pounds, and upon his making Five laundred other 
pieces of Canvas each piece to pass the Survey as aforesaid that shall be 
manufactured by him as aforesaid in the Space of one year only, The 
Treasurer of this province for the Time being shall advance and put 
into the hands of the said John powell or Order, Three Thousand pounds 
more to be continued in his hands, and by him improved for carrying 
on the aforesaid Manufacture for and during the Space of Nine Years 
from and after the first day of January next comieng, and that then he 
shall repay into the publick Treasury the first Two Thousand pounds, 
and That on the first day of January then next following which will be 
in the year of Our Lord One Thousand Seven hundred & thirty Seaven, 
He the said John powell shall repay into the Treasury the aforesaid Three 
Thousand pounds, provided always that if by reason of the Death of 
the Memorialist or otherwise a Stop be put to the said Manufacture or 
that he or his Assigns do not make Five hundred pieces of Canvas that 
"shall pass the Survey as aforesaid 3'early after the Expiration of the 
Second year commencing from the first day of January next, that then 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 243 

the Meraoiialist shall be obliged to pay into the publick Treasury the 
whole Mony advanced and paid him within One year from the Time of 
the Works ceasing as aforesaid, The Memorialist to give Such Secu- 
rity as the General Court shall order for his true and punctual paying 
into the publick Treasury as is above directed. \_Passed December 23. 



CHAPTER 5Q. 

ORDER GRANTING PROVINCE LAND FOR A PRECINCT AT HADLEY. 

A Petition of Thomas Goodman & John Smith & nineteen others Legislative 
resident in a design'd Precinct in Hadley on the South of Mount Hoi- comu^i! xUi!^*^ 
yoke. Shewing that they labour under great Difficulties & Inconven- 495. Mass. 

*— Al'ClllVGS 

iences by reason of their remote Distance from the Place of publick cxiii., 725. 
Worship in the said Town, they being eight Miles from the Meeting '^^^_ 
house, & the Way mountainous & bad, And that they are desirous to ^^.9^*'^fs, 
have the Worship of God among them, but they are so straiten'd in liouse Jo'ur- 
their Bounds that the said Tract of Land will not receive a competent "^^. p-^- 
Number of Persons to support the Worship of God, And for as much 
as there is a Tract of Land belonging to the Province Eastward of the 
Petitioners Habitations & between them & the Equivalent Lands so 
called, four Miles long & two Miles wide Which being added to the 
Petitioners Habitations would make a competent Precinct; And there- 
fore Praying that this Court would grant the said Tract to the Peti- 
tioners & such other Persons of the intended Precinct as shall join 
with them in the space of two or three Years. 

Read and 

Ordered That the province Land within mentioned be and hereby is 
given and granted unto the petitioners and their Associates for Ever, 
provided there be forty families Setled on the Lands designed for a 
precinct, of which this Grant is to be Accounted part, within two years 
from this Date, And that they settle a learned orthodox Minister among 
them within the Space of three Years, And in Case the said Conditions 
be not perform'd that then the Land shall revert to the Province, pro- 
vided also it interferes with no other or former Grant, of the General 
Court. [Passed December 23. 



CHAPTER 57. 

RESOLVE ALLOWING £12. 0. 4 TO THE HASSANIMISCO COMMITTEE. 

An Accompt presented by Samuel Thaxter & others a Committee of Legislative 
this Court appointed to repair to Hassanimisco, of their Time & Expence council, xiu., 
in the said Service, Amounting to the Sum of £15. 15. 4. ^ 

[Read and] House Jour. 

Hell p 31 

Resolved that the Sum of Twelve Pounds & four pence be allowed & Anie,\j.iG9, 
paid out of the publick Treasury to Samuel Thaxter Escf to be by him chap' 11' ^''^*^' 
repaid to whom the same is respectively due in full Discharge of the 
said Accompt, And that the Trustees appointed by this Court to see 
the Petitioners for Hassanimisco comply with the proposed Settlements, 
be directed to pay the said Sum into the publick Treasury when the said 
Petitioners shall pay them the Consideration of the Purchase. [Passed 
December 23. 



2U 



Pkovince Laws {Resolves, etc.). — 1727-28. [Chaps. 58-61.] 



Legislative 
Records of the 
Council, xiii., 
49(;. Miiss. 
Arcliives, 
Iviii., '2'J7. 

Mass. 
Archives, 
Iviii., 295. 
House .Jour- 
nal, p. 47. 
Ante, p. 212, 
chap. 213. 



CHAPTEK 58. 

ORDER REFERRING COHASSET PETITION TO THE NEXT SESSION. 

On the Petition of John Jacobs Agent for the Precinct of Cohasset 
in the Town of Hingham \_aHte,, p. 212, chap. 213] 

Ordered that this Petition be further refer'd to the next Session of 
this Court, That so the Town of Hingham maj^ liave an Opportunity 
to accomodate the Matter among them selves. \_Passed December 26. 



Legislative 
Records of the 
Council, xiii., 
497. Mass. 
Archives, xci., 
255. 

Mass. 

Archives, xci., 
254. House 
Journal, p. 48. 



CHAPTER 59. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT RICHMOND FORT. 

A Muster Roll of the Company in His Majestys Service at the Fort 
at Richmond, Containing an Accompt of Wages due to them for their 
Service under the Command of C|)t. Joseph Heath from the 17"' of 
August to the 20"' of Decem"" 1727, Amounting to the Sum of £230. 6. 3. 

Read and Accepted and 

Resolved That the Sum of Two Hundred and thirty pounds Six shil- 
lings and three pence be allowed and paid out of the publick Treasury 
to Cap' Joseph Heath to be by him repaid to the Oflicers & soldiers 
born on the said Roll to whom the Same is due in full discharge thereof. 
\_Passed December 27. 



CHAPTER GO. 



RESOLVE FOR MAKING RESTITUTION TO THE INDIANS, 



Legislative 
Records of the 
Council, xill., 
498. Mass. 
Archives, 
cxix., 303. 

Mass. 
Archives, 
cxix., 302, 304. 
Legislative 
Records of the 
Council, xilL, 
4S9, 496. 
Infra, chap. 
6L 



A Computation presented by M"" Treasurer Allen of the Differences 
of the Prices of the Bever sold at Boston (which Prices were according 
to his Directions) & the Price in Cpt. Thomas Smiths Invoice Amount- 
ing to the Sum of £77. 2. 6. 

Read and 

Resolved That M'' Treasurer Allen be and hereby is directed to pur- 
chase the Value of Seventy seven pounds, two shillings and Six pence 
in such goods As may be pleasing and Acceptable to the Indians, and 
that the said Goods be delivered to the Indian Delegates now here by 
them to be delivered to those Indians that paid their skins &•= in Trade 
at S' Georges in proportion to their Trade, and the Difference of the 
prices of the said Skins between S' Georges, and the Market they Sold 
at in Boston.^ [^Passed December 27. 



CHAPTER 61 



Legislative 
Records of the 
Council, xiii., 
498. Mass. 
Archives, 
cxix., 308. 

Legislative 
Records of the 



VOTE SELECTING TRUCK MASTERS. 

This Day the following Persons were elected by a Major Vote of the 
Council & Represent'" to be Truck Masters for Managing the Indian 
Trade the ensuing Year; Viz, 

1 Not found in the House Journal. 



[1st Sess.] Province Laws (Besolves, etc.}. — 1727-28. 245 

M"" Samuel Wainwri<j;ht to reside at the Block House at S' Georges Council, xiii., 

Tj- , ^ 4Si», 4'.)2, 497. 

rtiver. House .lour- 

And Joseph Heath Esq' to reside at the Fort at Richmond. [Passed nai. p- •w- 
Decemoer 27. 60. 



CHAPTER 62. 

RESOLVE ALLOWING TAYMENT OF CPT. JOHN GYLES'S MUSTER ROLL 

& ACC''. 

A Muster Roll of the Company in his Majestys Service at the Block ^fords'of the 
House on S' Georges River under the Command of Cpt. John Gyles Council, xm., 
Containing an ^Vccompt of Wages due to them for their Service from Archi^vesTxci., 

Aug. 18, 1727, to December 21. Instant, Amounting to the Sum of '^^ 

£219. 6 Together with an Accompt of Disbursem'' of the said John Mass. 
Gyles on the Chiefs of the Penobscot Indians, Amounting to the 25!s259.*^^House 
further Sum of £18. 6. Joiirnai, p. 48. 

Read and Accepted and 

Resolved That the sum of Two Hundred and Nineteen pounds six 
shillings be allowed and paid out of the publick Treasury to Cap' John 
Gyles to be by him repaid to the officers and Soldiers born thereon to 
whom the Same is respectively due in full of their Wages, and that 
the Silm of Thirt}' four shillings and three pence be allowed and paid 
out of the publick Treasury to Cap^ Thomas Smith being for his Ser- 
vants Wages on his passage to S' Georges being three Weeks and 
three days and further that the Sum of Eighteen pounds Six shillings 
be allowed and paid out of the publick Treasury to Cap' John Gyles 
in full discharge of his Accompt of Disbursments to the Roll annexed. 
\_Passed December 28. 



CHAPTER 63. 

VOTE ALLOWING £100 TO EUNICE WHITE. 



A Petition of Eunice White, Relict Widow of Cpt. John White late Legislative 
of Lancaster Dec'^ Shewing that her late Husband in his Life time in coumiif, xiii.^^ 
the Years 1724, & 1725, as well as at other Times performed sundry 499. Mass. 
Marches against the Indian Enemy, & was with the Company of the ixxii., 328. 
late Cpt. Lovewell when he slew the ten Indians, That he voluntarily "^^[^^ 
enlisted him self, altho in former INIarches against the Indian Enemy ^i'<".^i^^s^ 

1 vxii. 3^0. 

he him self had the Command, & that for the Service of the Province, House Jour- 

& for forwarding the Marches against the Indian P^nemy he expended province^' ^^' 

a good Part of his Substance, that among other Services he enlisted a Laws, x., 597, 

Company of Voluntiers & marched designing for a Fort beyond Pig- chap! 95.' ' 

wacket, but was taken sick before he got there, & returned Home & 

died of the said Sickness, leaving the Petitioner with seven Children 

most of them being very young & one of them posthumous «fe all in 

very difficult Circumstances ; Praying that this Court in Consideration 

of the Services & Expences above mentioned, & out of their great 

Goodness & Compassion would grant her Two Hundred & fifty Acres 

of the unappropriated Lands of this Province that she may dispose of 

the same for the Education of her aforesaid Children, and that this 

Court would otherwise relieve her as to their great Goodness shall 

seem fit. 

Read and in Answer to this Petition 



246 



Province Laws (^Resolves, etc.). — 1727-28. [Chaps. 64, 65.] 



Legislative 
Records of the 
Council, xiii., 
500. Mass. 
Archives, 
Ixxii., 330. 

Mass. 
Archives, 
Ixxii., 32i). 
House Jour- 
nal, p. 49. 
Ante, p. 232, 
chap. 35. 



Resolved That the siiiri of One Hundred pounds be allowed and paid 
out of the publick Treasuiy to the petitioner the Widdow Eunice White 
in Consideration of the good Services done this province, by her late 
husband Cap' John White and great Expences for which he has had 
no Consideration as particularly Set forth in the petition, and the better 
to enable the petitioner to support her Family and bring up her Chil- 
dren. \_Passed December 28. 



CHAPTER 64. 

VOTE RETAINING ABRA. JOHNSON IN THE SERVICE OF THE PROVINCE 
AND ALLOWING HIM £4 PER MONTH. 

A Memorial of Abraham Johnson, Setting forth his humble and 
hearty Thanks to this Court for their great Goodness & Bounty to 
him in paying the Money for his Ransom out of Captivit3% & allow- 
ing him suitable Cloathing, And that he hopes he shall be able to 
serve his Coiintrey as an Interpreter in the Indian Language & as a 
Pilot But for as much as he lost the pi'oper Season for his learning 
to write & Cypher by his being so many years in the Hands of the 
Indians as a Prisoner, He thei-efore proposes to spend some time for 
the fitting him self for the Service of his Countrey. 

Read and 

Voted That His Honour the Liev' Gov"" be desired to give his orders 
for the retaining the Memorialist in the Service of the province and that 
he be posted at the Truck House at S' Georges River where he may be 
instructed in Writing Cyphering &*= by the Chaplain, and may also be 
of Service to the Chaplain in respect of the Indiau Language, and for 
the Encouragement of the publick Service herein 

Resolved That the Sum of Four Pounds be allowed to the Memo- 
rialist (gj Month during his Continuance in the service and that His 
Honour would please to give his orders that One of the Soldiers at 
the said Truck House may be discharged, provided Nevertheless that 
the Memorialist be not subjected to the Duty of a private Centiuel. 
[^Passed December 28. 



CHAPTER (j5. 



ORDER ABOUT COMM^ee qN TURKEY HILLS AFFAIR. 



Legislative 
Records of the 
Council, xiii., 
501. 

Legislative 
Records of the 
Council, xiii., 
497, 498. 
House Jour- 
nal, p. .54. 
Province 
Laws, ix., 696, 
chap. 113. 
Ante, p. 235, 
chap. 42. 



In Council ; 

Ordered that the Committee appointed by this Court to grant out 
Allotments in the new Towns at Turke}- Hills lay before this Court on 
or before the fifth Day of January next an Account of all their Pro- 
ceedings in the said Affairs, And that the further Consideration of the 
Petition of Jonathan Whitney be suspended in the mean Time : In 

the House of Represent"' Read & Concur'd with the Amendm' viz. That 
the said Committee do then produce their Books & all other Accompts 
of Money by them or any of them received by any ways or means for 
the Admission of the Grantees or effecting the Settlement, & how the 
same has been disposed of by them or any of them. 

In Council ; Read & Concur'd. \^Passed December 28. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 2-17 



CHAPTER G6. 

ORDER DIRECTING JUDGMENT TO BE MADE UP IN ACCORDANCE WITH 

AN AWARD. 

On the Petition of Nathaniel Nichols & Isaac Oldham of Pembrook, ^fojlfs oTtiie 

[_ante, p. 125, chap. 336] Council, xiii., 

Ordered that the Prayer of the Petition be so far granted, as that — 

the Justices of the Inferior Court of Common Pleas for the County of "P.^ff '/,?"'^' 
Plymouth be impowered & directed to make up Judgement on the Award Ante, p. i-25, 
therein mentioned at their next Session.^ \_Passed December 29.'^ chap. 336. 



CHAPTER 67. 

RESOLVE ALLOWING £3. 17. 9 TO CPT. W*' WOODSIDE. 

An Accompt presented by Cpt. William Woodside of Disbursem'^ in Legislative 
Eepairs at Fort George, Entertaining Indians, Mending the Whale counc*if, xii*L,^ 
Boat, & Haling Wood, Amounting to the Sum of £19. 4. 9. 504. Mass. 

Ti 1 T 4 J. ^ ^ Archives, xcl., 

Read and Accepted and 26-2V2. 

Resolved That the sum of Three pounds Seventeen shillings and Nine ^J^^^^; 
pence be allowed and paid out of the publick Treasury to William Wood- ,^?'^|"^?|' ^'■^■' 
side in full discharge of this Accompt. \_Passed December 29.^ Journal, p^sl 



CHAPTER 68. 

ORDER ON ELEA. COLMANS PETITION GRANTING TRIAL OF A CAUSE. 

A Petition of Sylvanus Bourn of Barnstable as Attorney to Eleazar Legislative 
Colman of Newington in the Province of New Hampshire, Shewing council* xm^^ 
that at the Inferior Court of Common Pleas for the Island of Nantucket 504. 
held the first Tuesday in October 1726, the Petitioner as Attorney &c House Jour- 
brought his Action of Ejectment against Richard Gardner of the said province 
Island Esq'' for the Recovery of certain Lands there, that his Writ was Laws, i., 369, 
abated by the Judgement of the said Court, from which he appealed to 
the Superior Coui't held at Boston on the second Tuesday of August, 
& there obtained a Reversion of the said Judgement, that thereupon he 
determined to prosecute the said Action at the Inferior Court of Com- 
mon Pleas held at Nantucket aforesaid in October last & proceeded to 
the Place whei'e he was to take Boat a full Week before the Sitting of 
the said Court, but a violent Storm then happened, so that he could not 
get over till it was too late to go on with his Action at that Term, And 
therefore Praying that he may have Liberty to tr}' the said Action at 
the Inferiour Court to be held at the said Island in March next upon 
the Writ or an authentick Copy thereof. 

Read & 

Ordered that the Prayer of the Petition be granted. And the Justices 
of the Inferior Court of Common Pleas by Law appointed to be held 

1 The House .Journal adds, "Provided, The Petitioners Notifie the said Abraham Booth 
of this Order at least Fourteen Days before the Sitting of the said Court." 

2 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 27. 

3 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 30. 



2i8 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 69, 70.] 



& kept at Sherburn aforesaid on the last Tuesday of March next be & 
hereby are impowered & directed to hear & try the Cause within men- 
tioned on the Original Writ or an authentick Copy thereof, enter up 
Judgement and award Execution accordingly, Provided the Petitioner 
or his Principal serve the said Richard Gardner Esq' witii a Copy of 
this Order fourteen Days at least before the Sitting of the said Court ; 
Any Law, Usage or Custom to the Contrary Notwithstanding. \_Passed 
December 30. 



CHAPTEK 69. 

RESOLVE ALLOWING PAYMENT ON CPT. W^' WOODSIDES MUSTER ROLL 
OF THE GARRISON AT FORT GEORGE. 



Legislative 
Records of the 
Council, xiii., 
501. Mass. 
Arcliives, xci., 
262. 

Mass. 

Arc-liives, xci., 
2(il bin, 2(11V'2. 
House Jour- 
nal, pp. 47, 55. 



A Muster Roll of the Garrison in His IMajestys Service at Fort 
George at Brunswick under the Command of Cpt. William Woodside 
Containing an Accompt of AVages due to the said Garrison for their 
Service from the 24"' of June 1727, to the 23'' of December following, 
Amounting to the Sum of £145. 10. 3. 

Read and Accepted and 

Resolved That the sum of One Hundred and Twenty pounds 1/ 10** 
be allowed and paid out out' of the publick Treasury to the Offlcers 
and soldiers born on the within Roll to whom the same is respectively 
due in full discharge of the Wages thereof, exclusive of the Wages due 
to Capt William Woodside, and that the sum of Eight pounds, One 
shilling and Six pence part of the said Woodsides Wages be allowed 
and paid out of the publick Treasury to Cap' John Gyles to be by him 
repaid to Bartholomew and Tonia two Indians to whom the said William 
Woodside gave his Notes at the late Conference to pay them the like 
sum, and that the sum of Six pounds five shillings and two pence the 
Residue & remaining part of the Wages due to the said AVoodside be 
detained in the Treasury until he make it Appear that he has paid the 
Slim of £2. IG. 6'' to Pier and Araumaumet two other Indians to whom 
he gave his Notes for the said Siiiii at the late Conference at Casco 
Bay. \_Passed December 3 IJ- 



CHAPTER 70. 

ORDER RELEASING SAM'-'' SEWALL ESQ" FROM PAYMENT OF A TAX. 



Legislative 
Records of the 
Council, xiii., 

506. 

Legislative 
Records of the 
Council, ix., 
366; xi., 319. 
House Jour- 
nal, p. 57. 
Province 
Laws, ii., 246, 
chap. 6; ix., 
.S3S, chap. 169. 
Ante, p. 23", 
chap. 46. 



A Petition of Samuel Sewall Esq'' Shewing that whereas a Vote was 
pass'd by this Court in their present Session, subjecting the Proprietors 
of Lands within the settling Part or six Miles square of the Town of 
Rutland to a Tax of One peny per Acre for five Years to come. And 
the Petitioner being a Proprietor of One Thousand Acres within the 
said six ]Miles square, the Original Grant of which was from the Gen- 
eral Court under the former Charter, & the said Land is confirmed to 
him by a saving Clause in the Grant made to the Proprietors of Rut- 
land, that he has not received anything from the said Proprief' & 
therefore he conceives his Land ought not to be subjected to the said 
Tax, & so it was adjudged by the General Court in the Year 1721, & 
Praying that by a Vote of this Court he may be exempted from the 
said Assessment. 

1 Sic. 

2 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 30. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 249 

Read & 

Ordered that the Prayer of the Petition be granted, And that tlie Peti- 
tioner his Heirs and Assigns are accordingly hereby declared to be freed 
from & not subjected to the Payment of the said Tax for the Term afore- 
said, the aforesaid Order Notwithstanding. \_Passed January 1. 



CHAPTER 71. 

RESOLVE ALLOWING £4. 18 TO BENJ-^ LARRABEE. 

A Petition of Benjamin Larrabee Praying the Allowance of the Sum Legislative 
of Nine Pounds sixteen shillings which he expended in a Journey to Qoum'lf xuf^^ 
Brunswick in Pursuance of the Commands of His Honour the Lieuten' ooe. Mass. 
Governor, the Particulars of which Charge he is ready to lay before ixx^ii.'Js^i 



this Court if they desire it. jj^^gg 

Read and AcceiJted and Archives, 

. Resolved That the Sum of Four pounds Eighteen shillings be allow-ed House .lo^ 
and paid out of the publick Treasury to the Memorialist Benjamin Lar- ^^^'V- 54. 
rabee in full discharge thereof. [Passed January 1. 



our- 



CHAPTER 72. 

ORDER GRANTING A LICENSE TO NOAH CHASE TO KEEP A TAVERN. 

A Petition of Noah Chase of Rehoboth in the County of Bristol Shew- Legislative 
ing that his Habitation is situated very conveniently for an House of councif xiii!^^ 
Entertainm' That there is now but one Tavern in the said Town & that so;. 
about to be laid down, & that several of the principal Inhabitants of the House Jour- 
said Town are very desirous that the Petitioner should keep a publick province 
House there, And therefore Praying that he may be enabled to take a Laws, ii., 4i5, 
Licence at the next General Sessions of the Peace for the said County . ^ '^P* * 

Read & 

Ordered that the Justices of the Peace for the County of Bristol in 
their next General Sessions are hereby impowered (if they see Cause) 
to grant a Licence to the Petitioner to keep a Tavern in Rehoboth 
accordingly. The Time by Law appointed for granting Licences this 
present Year being elapsed Notwithstanding. \_Passed January 1. 



CHAPTER 73. 

RESOLVE ALLOWING £10 TO D^ SAM^-i' MOODY. 

An Accompt presented by D"" Samuel Moodey of Medicines and Legislative 
Attendance on the Soldiers Eastward, Amounting to the Sum of councif,xiii.l^ 
£34. 11/. ^^ 

[Read and] House Jour- 

Resolved that the Sum of Ten Pounds be allowed & paid out of the "^ ' ^' 
publick Treasury to the Accomptant D' Samuel Moodey or his Order 
in full Discharge of this Accompt. ^Passed January 1. 



250 



Province Laws (^Resolves, etc.). — 1727-28. [Chaps. 74-7G.] 



CHAPTER 74. 



RESOLVE GRANTING 100 ACRES OF LAND TO JOHN WmSLOW, 



Legislative 
Records of the 
Council, xiii., 
507. 

Legislative 
Records of the 
Council, xiii., 
491. House 
Journal, p. 57. 



Resolved that One Hundred Acres of the unappropriated Lands of 
this Province lying within the County of York be granted unto M"" John 
Winslow the P^idest Sou of the said Isaac Winslow Esq"' in Considera- 
tion of the good Services done by the said Cpt. Josiah Winslow who 
lost his Life in the publick Service ; Provided it does not hinder the 
Settlement of any new Town ; And that a Plan thereof be returned to 
this Court within twelve months for Confirmation. [Passed January 1. 



CHAPTER 75. 

ORDER IMPOWERING W"^ PITMAN BY A WRIT OF REVIEW TO CONTEST 

AN ACCOUNT. 



Legislative 
Records of the 
Council, xiii., 
481, 507. Mass. 
Archives, xli., 
38^ 

Mass. 

Archives, xli., 
35, 39. House 
Journal, p. 60. 



A Petition of AVilliam Pitman of Boston INIariner Shewing that he 
commenced his Action against Barrat Dyer of Boston Cooper, For that 
he having delivered fifty one Quintals of Fish to the said Dyer for him 
to sell on the Petitioners Accompt ; that the Judgement of the Courts 
thereon was, That the said Dyer render an Accompt of the said Fish 
to the Petitioner, & that in Default thereof, the Petitioner recover of 
him the Sum of Sixty Pounds & Costs, that the said Dyer has lodged 
in the Clerks Office of the Superior Court a pretended Accompt, the 
several Articles of which are false, & he has no Manner of Vouchers 
to support them ; And for as much as the Petitioner can not review 
the said Action according to the Course of the Law, Therefore Praying 
Relief from this Court that he may be impowered by a Special Order 
to review the said Action at the next Superiour Court, & that the said 
Accompt may be tried by a Jnry. 

Read and 

Ordered [that] ^ the Petitioner be & hereby is Impowered by "SVritt 
of Review to contest in the Law before the next Superiour Court of 
Judicature to be Holden at Boston in & for the County of Suffolk the 
Accompt of Barret Dyer of the Petitioners Fish by him sold. Given in 
to the Clerk of the Superiour Court the tenth of March 1726. And the 
Justices of the said Court are Impower'd & Directed to try the same 
accordingly. Any Law Usage or Custom to the Contrary Notwithstand- 
ing. [^Passed January 2.- 



CHAPTER 76. 

ORDER IMPOWERING RACH. WRITTEN AS ADMINISTRATRIX TO SELL 

LAND. 



Legislative 
Records of the 
Council, xiii., 

509. 

House Jour, 
nal, p. 64. 
Ante, p. 236, 
chap. 45. 



A Petition of Rachel Whitten Relict Widow & Adminisf" of Elias 
AYhitten late of Newbury Dec** Shewing that she obtained Liberty of 
the Justices of the SupeVior Court to sell twelve Acres being Part of 
thirty two Acres of Land, of which her said Husband died seized (which 
he purchased of D'' Bayley of Haverhill) for paying the Debts of the 

1 Inserted from the State Library copy, Legislative Records of the Council, xiii., 307. 

2 This date is according to Mass. Ai-chives" and the House Journal; according to Legis- 
lative Records of the Council the date is January 1. 



[1st Sess.] Province Laws (Besolves, e^c). — 1727-28. 251 

Deceased, But for as much as the Circumstances of tlie said Land are 
such as that she can not sell the said twelve Acres without much Damage 
to the Remainder, Therefore Praying that she may be impowered to sell 
the Whole, the Kesidue of the Produce thereof, after the Debts are 
paid, to be reserved for her self & her Children in such Manner as the 
Law provides. 

Read &, 

Ordered that the Pra3'er of the Petition be granted, And that the 
Petitioner be & hereby is impowered to make Sale of the thirty two 
Acres of Land mentioned in the Petition And that the just Debts & 
Legacies of the Petitioners late Husband Elias Whitten be paid out of 
the Produce thereof, & that the Remainder of the same be employed 
for the best Advantage of the Petitioner & her Children ; One third 
Part thereof to be for the Petitioners Benefit & the other two Thirds 
for her Children according to the Directions of the Law; Who are to 
be paid tlieir rateable Part of the Principal as they come of Age, & the 
Widows Part to be divided among them after her Death, And that Cpt. 
Henry Rolfe of Newbur}' be joined with the Petitioner as a Trustee for 
selling the Land & disposing & improving the Money produced thereby, 
Provided the Petitioner give sufficient Securit}' to the Judge of the Pro- 
bate of Wills for the County of Essex for fulfilling the Conditions above 
mentioned. \_Passed January 3. 



CHAPTER 77. 

RESOLVE DIRECTING TRUCK MASTERS TO SUPPLY PROVISIONS TO 

INDIANS. 

Proposals made by Cpt. John Gyles of several Things to be given Legislative 
to the Indian Messengers now attending as also of Supplies for the councif xm*^^ 
Families of those Indians gone on Messages for this Governm' 5io. MfJss. 

That tlie officer or Truck Master at S' Georges be Directed to Deliver xxxL^ise, m. 
y^ f amolies of y'' Two Indian Messengers gone to Cape Sables Suitable ^^^_ 
provision to Sustain them in those Indians Absence. Archives, 

That y*^ officer Or Truck Master at Richmond be Directed in like '"''''''' ^^^' 
manner to Deal with y" famolies of the Two Indians gone westward 

John Gyles 
Jan'-y 1 : 1727/8 

Five blankets for Francis Xavier & a silver plate in Lieu of a Belt & 
blankets he gave to the Anesaguntacooks & others not Exceeding £12 

Read and 

Resolved That the Treasurer be & hereby is directed to furnish 
the particulars above & within Mentioned ^ assoon as may be & the 
Truck Masters at S' Georges and Richmond are also directed to sup- 
ply the Families of the Four Indians within mentioned (gone on pub- 
lick Errands) with suitable provisions till their Returns respectively.^ 
[Passed January 3. 

' " Humbly Proposed 
That Espegweeret have given him 

viz A Broad Cloath Coat TYira'^ with Silver Lace 

1 Ruffl'd Shirt 

1 p'' Shoes & Hose 

1 Hatt with gold Lace 
Each of ye other three 

1 hatt with gold lace 

1 Blanket with Silver Ditto 

1 Ruffl'' Shirt."— Mass. Archives, xxxi., 156. 
» Not found in the House Journal. 



252 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 78-80.} 



Legislative 
Records of the 
Council, xiii., 
510. 

House Jour- 
nal, p. 61. 



Legislative 
Records of the 
Council, xiii., 
511. 

House Jour- 
nal, p. 61. 
Ante, p. 195, 
chap. 167. 



CHAPTER 78. 

ORDER IMPOWERING ROB^ AUKMUTY ESQ" TO ENTER AN ACTION. 

A Petition of Robert Aukmuty Esq' Shewing that Yesterday being 
the first Day of the Inferiour Court of Common Pleas held at Boston 
for the County of Suffolk he was obliged to withdraw from the Court 
& return Home, by reason of great bodily Pain & Indisposition, by 
which means he omitted entering a Demurrer of Thomas White & 
Ebenezer White Demurrants against Peter Marvel, And for as much 
as divers Witnesses are attending on the Affair, Therefore Praying 
that he may be now impowered by this Court to enter the said Action. 

Read & 

Ordered that'the Prayer of the Petition be granted, And the Petitioner 
is hereby impowered & allowed to enter the said Action, And the Jus- 
tices of the said Court are accordingly^ directed to admit the said Entry ; 
Any Law, Usage or Custom to the Contrary Notwithstanding. [^Passed 
January 3. 



CHAPTER 79. 

ORDER IMPOWERING THE TREASURER TO FURNISH M" MOSES HALE 
WITH HOUSEHOLD SUPPLIES. 

A Memorial of M' Moses Hale appointed Chaplain at the Truck 
House on S' Georges River, Praying that he may be supplied with a 
Bed & Bedding, Table, Chairs &, other Necessaries for his comfort- 
able Subsistence. 

Read & 

Ordered that the Prayer of the Petition be granted. And the Treas- 
urer is accordingly impowered & directed to suppl}' the Particulars 
within mentioned, the Bed & other Furniture to be for the Use of 
the Chaplain of the said Truck House for the Time being. \_Passed 
January 3. 



CHAPTER 80. 



ORDER ALLOWING A PERCENTAGE TO CAP^ JOS HEATH TO 
WASTE IN RETAILING GOODS TO THE INDIANS. 



COVER 



Legislative 
Records of the 
Council, xiii., 
511. 

House Jour- 
nal, pp. 61, 62. 
Province 
Laws, ii., 365, 
chap. 11. 



A Memorial of Cpt. Joseph Heath Truck master at Richmond Fort, 
Setting forth that whereas in the Act for regulating the Trade with the 
Indians it is among other Things Enacted that the Truck Master shall 
sell the Goods to the said Indians at the Price set in the Invoice from 
time to time without an}' Advance, tlie said Truck masters must in- 
evitably lose considerably in the Delivery of Bread, Rnm, Molasses, 
Tobacco &c unless there be some Allowance made to them for Wast- 
age thereon, And therefore Praying that this Court would give him 
Orders in the Matter, as well as respecting the Entertainm' of the 
Indians that come there. 

Read & 

Ordered that each Truck master be & hereby is allowed ten Pounds 
per Cent, on Rum, Molasses Sugar, Corn, Meal, Bread & Tobacco that 
is disposed of by them by Retail, & that the said Truck masters on all 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 253 

proper Occasions may at liis or their Discretion witli tlie Advice of the 
Commanding Ollicer ut the Trading House, entertain the Indians in tlie 
Name of tlie GoN'ernm' at the Province Charge, he or they Keeping a 
Particular Accompt of the same, «fe laying it before the next vSession 
of the General Court for their Allowance, Any Law Usage or Custom 
to the Contrary notwithstanding. \_Passed January 3. 



CHAPTEK 81. 

RESOLVE ALLOWING £17. 13 TO SHER. WINSLOW. 

An Accompt presented by Edward Winslow Esq'' Sheriff of the County Legislative 
of Suffolk, for sending of Proclamations into the other Counties as also councif xm!^^ 

Writs for calling an Assembly, together with the Treasurers Warrants ^^ 

for levying the Tax, Amounting to the Sum of £33. 13. House Jour- 

[Read and] ^ nal. pp. 32, 43. 

Resolved that the Sum of Seventeen Pounds thirteen shillings be 
allowed & paid out of the publick Treasury to the Accomptant Ed- 
ward Winslow Esq'^ in full discharge thereof. \_Passed January 3. 



CHAPTER 82. 

RESOLVE ALLOWING £20. 10 TO EDWARD WINSLOW. 

An Accompt presented by Edward Winslow Esq"" of sundry Repairs Legislative 
of the Province House, Amounting to the Sum of £20. 12. ?^f,?,!5f S^i!^*^® 

Read and Accepted and 512. Mass. 

Resolved Thai the Sum of Twenty pounds ten shillings be allowed f^'^^^''^^'"''^-' 
and paid out of the publick Treasury to the Accountant Edward House Jour- 
Winslow Esq"" to be by him paid to the persons to whom the Same is nai, p. 62. 
respectively [due]^ in full discharge thereof and that no OfHce be at 
any time hereafter kept or private Family entertained in the province 
house inas much as it tends greatly to frustrate the Good Ends of the 
Government in the purchase of that House, designed only for the Re- 
ception and Entertainment of the Governour or Commander in Chief 
for the time being, and that the said Edward Winslow Esq' be directed 
to Notifie any private person or Family that may be in the said House 
of this order as Soon as may be Conveniently. [^Passed January 4. 



CHAPTER 83. 

ORDER ON ^VOBURN NORTH WEST INHARts PETITION PRAYING AN 
ANSWER TO PETITION WITHIN A SHORT TIME. 

A Petition of the Inhabitants of the North Westerly Part of the Legislative 
Town of Woburn, Shewing that at the Session of this Court in August councif xii^^ 
last they prefer'd their Petition, Setting forth their Difficulties with 5U. ' ' '' 
respect to their remote Distance from the Place of publick Worship in House Jour- 
the said Town & the Badness of the Way, Praying to be set off a dis- ""Ji'^/p^^gg 
tinct Precinct, That an Order of the Court was then made that the Town chap! i62. 
of Woburn should give their Answer to the said Petition, but no set 
Time appointed for the delivering it in, And for as much as they have 

' Inserted from Legislative Records of the Council, xiii., 512. 



254 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 84-86.] 



already served the said Town with a Copy of the said Petition, Praying 
that some short time may be appointed for the said Towns giving in 
their Answer to the said Petition. 

Read & 

Ordered that the former Petition herein refer'd to be revived, And 
that the Petitioners now^ serve the Town of Woburn witli a Copy of 
this Petition & Order, that they may give in their Answer' on the 
second Thursday of the next Session. \_Fassed January 4. 



CHAPTER 84. 



RESOLVE ALLOWING £20 TO JOS. riERCE. 



Legislative 
Records of the 
Council, xiii., 
515. Mass. 
Archives, 
Ixxii., 306. 

Mass. 
Archives, 
Ixxii., 304. 
House Jour- 
nal, p. 67. 



A Petition of Joseph Pierce of Boston, Shewing that in the Year 
1711, he was impressed in the Service of the Province, being sent to 
the Garrison of Annapolis, And the Fort being attacked by the Enemy 
he was wounded in his Right Thigh wherebj' he is in a great Measure 
disabled from providing for him self, being thereby necessitated to 
leave off his Trade of a Joiner, Praying that this Court would grant 
him such Allowance for his Loss of Time & sufferings by his said 
Wounds as in their great Justice &, Goodness they shall think fit. 

Read & Accepted and 

Resolved That the Sum of Twent}' pounds be allowed and paid out 
of the publick Treasury to the petitioner Joseph Pierce in Considera- 
tion of his Smart and Loss of Time occasioned by the Wound within 
mentioned. \_Passed January 5. 



CHAPTER So. 



RESOLVE ALLOWING £14. 2 TO COLL. JOHN STODDARD. 



Legislative 
Records of the 
Council, xiii., 
516. 

House Jour, 
nal, p. 67. 
Ante, p. 173, 
chap. 98. 



An Accompt presented by John Stoddard Esq^ of his Attendance on 
His Honour the Lieuten* Govern'' at the late Ratification of the Treaty 
at Falmouth in July last, Amounting to the Sum of £14. 2. 

[Read and] 

Resolved that the Sum of Fourteen Pounds two shillings be allowed 
& paid out of the publick Treasur}^ to the Accomptant John Stoddard 
Esq' in full Discharge of the said Accompt. \_l\issed January 5. 



CHAPTER 86. 



RESOLVE ALLOWING 40 TO HENRY MARSHAL. 



Legislative 
Records of the 
Council, xiii., 
516. Mass. 
Archives, 
Ixxxviii., 360. 

Mass. 
Archives, 
Ixxxviii., 358. 
House .Jour- 
nal, p. 67. 



A Memorial of Heniy Marshal Post Master at Boston, Praying an 
Allowance from this Court for his Care of the publick Letters of the 
Governm' for two years past, the Time he has been in the said Office 

Read and Accepted and 

Resolved That the Sum of Forty shillings be allowed and paid out of 
the publick Treasury to the Memorialist Henry Marshall for his past 
service in taking Care of the publick Letters and that hereafter a par- 
ticular Accompt of His Service of the like Nature be laid before this 
Court before any allowance be made therefor. {^Passed Jamiary 5. 

' The House Journal here inserts, " if they see cause." 



[1st Sess.] Province Laws {Resolves^ etc.). — 1727-28. 255 



CHAPTER 87. 

ORDER GRANTING THE PETITION OF THE GUARDIANS OF JAMES & 
MARY HOULTON TO SELL LAND. 

A Petition of William Stacey, Ralph Liiulsey «fe Shelton Felton Legislative 
Guardians to the Children of James & Mary Iloulton alias Stacey late coundf, xiiill^ 
of Salem Hqc'^ Shewing that the said William Stacey & Mary his Wife sie. Mass. 
formerly Mary Houlton E^xecut" to the said James Houlton Dec'' together xvii., 48«.' 
with James Rowland of Marblehead did by their Petition prefer'd to this Mass! 
Court in June 1727 ' obtain Power & Authority to make & pass a good Archives, 
Deed or Deeds of a certain Messuage & Lands in Lyu to Benjamin iiouse Jour- 
Newhall whereby the said Houltons Estate may be discharged of a pr'^ylnce 
certain Bond mentioned in the said Petition which may appear by the Laws, x., 620, 
said Order ; but so it is, That the said James Rowland has refused to ^ ^^' ^ ^' 
do his Part in executing a lawful Deed of the said Messuage & Land 
in Lyn to the said Newhall, & has brought a Writ of Trespass & Eject- 
ment for Recovery of his Grand mother Sarah Lyudseys Right in the 
Tenement in Lyn for Life (which she has released to him) & recovered 
Judgement against the said Newhall, who has thereupon sued the Bond 
of £295 by which the said James Houlton Dec'' as Guardian to the said 
Rowland was bound to the said Newhall to make a good Title to the 
said House, & Land in L3'n aforesaid, & recovered Judgement there- 
upon «fe levied his Execution on twenty three Acres of Land in Salem 
belonging to the said Houltons Estate ; And therefore Praying that the 
Petitioners (Guardians as aforesaid) together with Ebenezer Proctor 
of Salem aforesaid & Mary his Wife the only Child of the said James 
Houlton that is arrived at lawful Age may be authorized & impowered 
to execute a good Deed in the Law for the before mentioned House & 
Land in Marblehead to the highest Bidder, which with the small Quan- 
tity of Personal Estate of the said James Houlton Deceased will prob- 
ably enable the Petitioners to redeein the said twenty three Acres of 
Land & prevent the great Damage that will otherwise come to the said 
Orphans. 

Read and 

Ordered That the prayer of the petition be granted and the petitioners 
together with the said Ebenezer proctor & Mary his Wife or the Major 
part of them be and hereby are fully Authorized & impowred to make 
Sale of the House and Land in Marblehead within mentioned to the 
highest Bidder they giving publick Notice thirty days at least before 
the day of sale of the time and place they shall Appoint for the same 
in Marblehead, and the petitioners or Grantors shall be and hereby are 
obliged and directed to pay and deliver the Amount of what the said 
House and Land shall sell for to th^ said Benjamin Newhall in order 
to redeem the said Twenty three acres of Land for the Sole Use Benefit 
and Behoof of the Children & Heirs of the said James Houlton deceased 
Any Law Usage or Custom to the contrary notwithstanding. \_Passed 
January 5. 

1 A mistake for 1725. See House Journal, p. 65, and Province Laws, x., 620, chap. 118. 



256 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 88-90.] 



CHAPTER 88 



ORDER CONSTITUTING A NEW PRECINCT OF THE SOUTH PART OF 

BRANTREY. 



Legislative 
Records of the 
Council, xiii., 
517. Mass. 
Archives, xl., 
478. 

Mass. 

Archives, xl., 
477,478. House 
Journal, p. 64. 



A Petition of John Niles, Samuel Payne & others Inhabitants of 
the South Precinct in Brantrey, in behalf of them selves & their Neigh- 
bours Praying to be set off a separate & distinct Precinct agreable to 
a Vote pass'd at a Precinct Meeting legally warned &. held the 19"^ of 
Decern"" last, exhibited with the said Petition. 

Read and 

Ordered That the prayer of the petition be granted and that the peti- 
tionei's with their Families and Estate lying & being within the Lines 
particularly Set forth & described in & by a Vote of the south precinct 
in Brantrey at a Meeting regularly held there the Nineteenth day of 
December last past to the petition Annexed are hereby constituted 
a seperate & distinct precinct and invested and endowed with equal 
powers priviledges and Immunities with any other precinct in the 
province and that M"" John Nyles jun' a principal Inhabitant in the said 
precinct be impowred and directed to Notifie and summon the Inhabi- 
tants duly qualified for Voters to assemble & Convene for the Choice 
of precinct Officers to stand until the next Annual Election according 
to Law. [Passed January 5. 



Legislative 
Records of the 
Council, xili., 
618. Mass. 
Ai'chives, 
cxix., 311. 

Mass. 
Archives, 
cxix., 309. 
House Jour- 
nal, p. 67. 
Ante, p. 202, 
chap. 1S8. 



CHAPTER 89. 

RESOLVE FOR AN ADDITIONAL ALLOWANCE TO CPT. JOHN GYLES. 

A Memorial of Cpt. John G-yles, Setting forth the Difficulty of his 
Employment in the Indian Affairs, & the Increase of liis Trouble by 
the Indian Trade, as likewise his great Trouble in gaining of Intelli- 
gence & in writing the most particular Accounts to His Honour the 
Lieuten' Governor, that his Allowance for his Services to the Governtn* 
is not sufficient for the sui)poit of him self. And therefore Praying the 
Consideration of this Court, & such further Allowance for his Services 
as they shall judge meet. 

Read and Accepted and 

Resolved That for the future there be allowed and paid out of the 
publick Treasury to the Memorialist Cap' John Gyles Six pounds ^ 
Month (including the £4 <j? Month, passed in August last) in Considera- 
tion of his being employed in Negotiating the affairs of the Government 
with the Indians as well as interpreting in the Indian Trade. \_Passed 
January 5. 



CHAPTER 90. 



ORDER APPOINTING A COMMITTEE ON LEICESTER PROPRIETORS PETI- 
TION TO SETTLE BOUNDARY LINES. 



Legislative 
Records of the 
Council, xill., 
513. Mass. 
Archives, 
cxlil., 722. 

Mass. 
Archives, 
cxiii., 730, 740. 



A Memorial of Samuel Green of Leicester in behalf of the Inhabi- 
tants of the said Town, Shewing that upon the Petition of the Propriet" 
of the Westerly Part of the said Town prefer'd in June last, the Gen- 
eral Court were pleased to order that the Select men of the Town of 
Brookfield should not proceed to run the Line between the said two 
Towns till the further Order of the said Court, that the said Proprietors 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 257 

of the Westerly Part of Leicester are desireous to have tlicir Lands House Jour, 
divided & lotted out, Avhich cannut be done till the Line between the ^ntel'\!}m, 
said two Towns be adjusted & settled, Therefore Praying that a Com- chap. 7. 
mittee may be appointed to run the Divisional Lines between the said 
Towns 

In Council ; Read & 

Ordered that John Chandler Esq'' with such as the Ilon'''^ House 

of Represent'*^^ shall appoint be a Committee to repair to the Towns 
of Leicester & Lrookfield, (seasonably Notifying the Select Men of s*^ 
Towns of the Time of their Coming) & that y^ make Inquiry as to the 
Divisional Line between the said Towns, And hear the Pleas & Allega- 
tions of the Parties & examine the Records respecting the same ; And 
make Report at the next May Session where the said Line ouglit to be 
fixed & settled The said Towns not to run their Lines or Boundaries 
till that Time ; The Charge to be paid as this Court shall then Order, 
In the House of Representatives 

Read & Concurd & 

Ordered'Yhtit Benjamin Prescot Esqr. and M'' John Gunn be joyned 
in the affair. [^Passed January 6} 



CHAPTER 91. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF SLOOP EN- 
DEAVOUR CPT. THO: SAUNDERS. 

A Muster Roll of the Sloop Endeavour, Cpt. Thomas Saunders Legislative 
Master a Transport in the Service of this Province, Containing an Records of the 
Accompt of Wawes due to the said Master & Company for their Ser- 519. Mass. * 
vice from the 30* of June to the 28"' of Decem^ 1727, together with .^r^^^iiives, xci., 
the Hire of the said Sloop the said Time, Amounting to the Sum of '^^^^ 

£213. 15. Arcliives, xci., 

Read and Accepted and jo^u'es. 

Resolved That the Sum of Two Hundred and Eighteen pounds fifteen 
shillings be allowed and paid out of the publick Treasury to the said 
Thomas Sanders to be by him repaid to the persons born on this Roll 
as the same is respectively due in full discharge of the sloop hire and 
Wages thereof. \_Passed January 6.^ 



CHAPTER 92. 

ORDER OF NOTICE ON PETITIONS OF THE INHAB^s OF THE WESTERLY 
& NORTH EASTERLY PARTS OF TAUNTON. 

A Petition of the Inhabitants of the Westerly & an other of the Legislative 
North Easterly Part of Taunton, Setting forth their great Difficulties councif xiif^ 
in attending on the publick Worship of God in the Middle of the Town, 517. mAss. " 
And therefore Praying that they may be set off from the first or old ^J^^*^'^^^- -'^'•' 
Parish to be a separate & distinct Precinct. ^;j~ 

Read & Archives, xi., 

Ordered that the Petitioners serve the Town of Taunton with Copys 47o.'"'^ou^8e 
of these two Pe[ti]tions, That so they give in their Answer thereto (If Journal, pp. 65, 
they think fit) on the first Tuesday of the next May Session. [Passed 
January 6.'^ 

' This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is Januarj' 4, 

'^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 5. 



258 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 93, 94.] 



CHAPTER 93 



ORDER IMPOWERING MARY SHARP BY A WRIT OF REVIEW TO CON- 
TEST AN ACTION. 



Legislative 
Records of ttie 
Council, xiii., 
510. Mass. 
Archives, xli., 
42^ 

Mass. 

Archives, xli., 
41. House 
Journal, pp.60, 
73. 



A Petition of Marj' Sharp of Kingstoue of the Islaud of Jamaica 
Widow, Shewing that at the Inferior Court of Common Pleas, held 
at Boston for the County of Suffolk in April 1726, & at the Superior 
Court held in August following she recovered Judgement against Ben- 
jamin Gallop of Boston, That he should Accompt for & pay the Rent 
of four seventh Parts of a certain Messuage in Boston within three 
Months or in Default thereof that the Petitioner should recover of the 
said Gallop the Sum of Sixty Pounds Damage & Cost of Courts, That 
on the fifteenth of Novem'' following the said Gallop filed in the Office 
of one of the Clerks of the Superior Court an Accompt whereof the 
Ballance is £17. 15. 3 Which Accompt is not proved at all nor ever 
can be, but the Contrary may with Ease, & yet the Petition'' hath no 
Remedy in the Common Course of the Law, It being the Opinion of 
the Justices of the Superiour Court that no Review can ly on a Com- 
plaint for not prosecuting an Appeal, which was the Case here ; And 
therefore Praying that by an Order of this Court she may have a 
Special Writ of Review to try the Justice of that Accompt. 

Read & 

Ordered that the Prayer of the Petition be granted. And that the 
Petitioner be & hereby is Impowered by Writt of Review to contest 
in the Law before the next Superiour Court of Judicature to be Holdeu 
at Boston in & for the County of Suffolk the Accompt of Rents of a 
certain Messuage in Boston filed in the Clerks Office of the said Court 
by Benjamin Gallop the fifteenth of Xovem"^ last & refer'd to in the 
Petition, And the Justices of the s'' Court are Impowered & Directed 
to try the same accordingly ; Any Law Usage or Custom to the Con- 
trary Notwithstanding. [^Passed January 8} 



CHAPTER 94. 

RESOLVE APPOINTING A COMMITTEE TO HAVE CHARGE OF REPAIRING 
YE PROVINCE HOUSE. 



Legislative 
Records of the 
Council, xiii., 
523. Mass. 
Archives, 
xlviii., 453. 

Legislative 
Records of the 
Council, xiii., 
496. House 
Journal, p. 74. 



Resolved ^ That ^NP Speaker M^ Cooke and W Cushing be a Committee 
to have the care of the Effecting the repairs of the Province House for 
the reception and Accomodation of His Excellency William Burnett 
Esq' (& his Family) who may Speedily be Expected to take upon him 
the charge of this Government, the repairs to be Effected being as fol- 
loweth vizt That the Great lower room in the Front be Wainscotted 
after the best and newest Fashion, that the Cieling in that room be 
lowered & the doors altered. That the Windows be altered and Sash 
Lights made throughout the House, the Windows tobe Cased several 
of them with seats ; That there be a Landry built where the Outkitchen 
stands upon that by raising a story thereon ; That the Brick Wall in 
the Front being now very much out of repair be taken down and rebuilt 
with new Bricks as it now stands or with a Pallisado fence on the Top 
thereof as hereafter may be thought advisable. 

1 This date is according to Mass. .\rchives and the House Journal; according to Legis- 
lative Records of the Council the date is January 3. 

* " Voted" in Legislative Records of the Couiicil, xiii., 523. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 259 

That the Lanthorn or Cupohx ou the Top of the House, beuig grown 
very weak, be well & Suflicieutty repaired . and made strong with New 
doors and Sash Windows. The Paved Walk from the Gate to the 
Steps Entring the house to be taken up & anew laid. And that the s** 
Committee be Impowred to cause such other Repairs to be P^ffected, 
as they in their best prudence and discretion shall judge necessary to 
be done. \_Passed January S.^ 



CHAPTER 95. 

RESOLVE ALLOWING 40/ TO JOSIAH JOHNSON FOR MEDICINE AND A 
FURTHER SUM OF £15. 

A Petition of Josiah Johnson, Shewing that the Wounds he received J^^s'siative 

Kccords 01 tii6 

in the publick Service at Pigwacket in the Action under Cpt. John Council, xiu., 
Lovel are still open & not cured, so that he is rendered uncapable of ArcMv^es*^' 
providing for him self by his Labour, & has been put to forty shillings ixxn., 312. 
Charge for Medicines, Praying that the said Sum may be reimbursed Mass. 
to him, & that he may have an Annual Pension on the Account of the ^^xn^^lio. 
said Wound. House Jour- 

Read and Accepted and ^nte,'-^. iee, 

Resolved. That the Sum of Forty shillings be allowed and paid •-'iiap-"9- 
out of the publick Treasury to the petitioner for so much by him 
expended in Medicines for his Wound, and that the further Sum of Fif- 
teen pounds be allowed and paid out of the publick Treasury to the 
said Josiah Johnson in Consideration of his Disability occasioned by 
the said Wound. \_Passed January 8.' 



CHAPTER 96. 

RESOLVE DIRECTING THE TREASURER TO ADVANCE £1,000 FOR THE Legislative 

INDIAN TRADE. Records of the 

Council, xui., 
521. Mass. 

Resolved That the Treasurer be and hereby is directed to Advance the \?-'5?^^i|' 

sum of One Thousand pounds out of the publick Treasury to the Stock " — '- 

already granted for carrying on the Trade with the Indians the said nai"p. 73. 
Sum to be used and employed by the Treasurer agreable to the Direc- ^^'1^'\q^^^' 
tions of this Court for carrying on the said Trade. [^Passed January 9.^ 



CHAPTER 97. 

ORDER ALLOWING A SERVANT TO SAM'-^ WAINWRIGHT TRUCKMASTER. 

A Memorial of Samuel Wainwright appointed Truck master for Legislative 
managing the Indian Trade at S' Georges River, Praying that he may counctf xm!^^ 
have Liberty to take his Servant with him to assist him in the said 522. 
Affair, & that he may be allowed Centinels Pay in the said Garrison, House Jour- 
which is a Privilege that was allowed his Predecessor Cpt. Smith ^^^' p* '^^" 

1 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 9. 

■■" This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 9. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 8. 



260 



Province Laws (HesolveSy etc.). — 1727-28. [Chaps. 98, 99.] 



Ante, p. 199, 

chap. 181 ; 

p. 244, chap. 61. 



Read & 

Ordered that the Prayer of the Memorial be granted, & that the 
Memorialist be allowed a Servant to assist him accordingly in the room 
of Cpt. Thomas Smiths Servant, & also that he be allowed Centinels 
Pay ; And 

Voted that His Honour the Lieuten' Govern'' be desired to give his 
Order to the Commanding Officer to enlist the Memorialists ]Man 
accordingly. [^Passed January 9. 



CHAPTER 98. 

VOTE ArrOINTING THE SURVEYORS OF CANVAS. 

iilfmas'of the Voted That Messieurs Adino Bulfinch Charles Morris William Pal- 
Councii, xiii., frev, Thornton Barrat, and William Bulfinch Any Three of whom to 

KO'7 Miss 

Archives, lix., be a Quorum, be a Committee fully Authorized & impowred to Examin 

^^ & Survey all Such pieces of Duck or Canvas Manufactured within tliis 

House Jour- province by M"' John powell his under workmen or assigns as shall be 
presented to them, for the Treasurers Direction to pay to the said John 
Powell or his Assigns the Bounty of Thirty shillings ^ Bolt for all such 
Duck or Canvas manufactured as aforesaid, which shall pass their Sur- 
vey & by them marked agreable to the Resolve for granting the said 
Bounty, and for their Service shall have twelve pence per Bolt for each 
Bolt so surveyed to be paid by the Owner or Owners thereof. \_Passed 
Jamiary 9. 



nal, p. 72. 
Ante, -p. 241, 
chap. 55. 



CHAPTER 99. 



ORDER IMPOWERING THE INDIAN PROPRIETY* OF OYSTER ISLAND. TO 

SELL THE SAME. 



Legislative 
Records of the 
Council, xiii., 
467, 524. 

House Jour- 
nal, p. 72. 



A Petitiox of Sarah Sampson & divers other Indians Proprietors of 
a small Island iu the County of Barnstable called Oyster Island Shewing 
that the}' are infirm of Body & considerably in Debt to Daniel Parker 
Esq"" & others, &. are in great Necessity for a present support, There- 
fore Praying that tliey may be impowered b}' this Court with the As- 
sistance of two or three judicious English men to make Sale of the 
said Island that so with the Produce thereof they may be enabled to 
pay their just Debts & be supported with the Remainder. 

In Council ; Read & 

Ordered that the Prayer of the Petition be granted, & that Isaac 
Winslow & John Cushing Esq" with such as the Hon^'" House of Rep- 
resent™' shall appoint be Trustees for the Indian Proprietors of Oyster 
Island, & that they assist the said Indians in making Sale of the said 
Island to the highest Bidders, Notice first to be given of the said Sale 
in Manner as is by Law provided for selling Estates by Order of the 
Justices of the Superior Court of Judicature ; The Deed or Deeds to 
be approved of by the said Trustees, who are to receive the Money to 
be produced by the said Sale for the Use of the Indians & to pay their 
just Debts out of the same and make Report to this Court at their next 
May Session. 

In the House of Represent'"'^' 

Voted a Concurrence with the Hou'^''' Board. & Edmund Freeman Esq' 
is added to the Comm"^^ on the Affair. \_Passed January 9. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 201 



CHAPTER 100. 

ORDER DIRECTING CPT. THO. SMITH TO GO TO ST. GEORGES AND 
INVENTORY STORES THERE. 

A Petition of Cpt. Thomas Smith, Praying that for as much as this Legislative 
Court hath elected an other Truck master in iiis room to reside at S' coundf, xm'l*^ 
Georges, he may have Leave to go to S' Georges in tiie Countrys Sloop s-^o- .Mass. 
to inventory & deliver the Province Stores to his said Successor, & that cxix.,314. 
the Master of the said Sloop may be directed to bring him back to Bos- ^jass. ~ 

ton with his Servant & other things he has there. ^''^'li'^es, 

=> cxix., 313. 

Kead and House -Jour- 

Orderecl That the prayer of the petition be granted. [^Passed Jan- ^^j^e'p'*259, 
tiary 9. chap! 97. 

CHAPTER 101. 

VOTE FOR A PRESENT TO THE PENOBSCOT INDIANS. Legislative 

Records of the 
Council, xiv., 

Resolved That M'' Treasurer be & hereby is directed to purchase a 8. Mass. 
Quantity of Goods to the Value of Thirty Five pounds such as may be xxxi.Vili 



most Acceptable to the penobscot Indians, and deliver the Same to Cap' ^^^^ 
John Gyles to be by him distributed to the penobscot Indians accord- Archives, 
ing to his best Direction.^ l_Passed January 9.- ' '' 



CHAPTER 102. 

RESOLVE IMPOWERING THE TREASURER TO FURNISH CPT. JOHN GYLES 

WITH STORES. 

A Memorial of Cpt. John Gyles, Setting forth that there are sundry Legislative 
things necessary for repairing the Truck house at S' Georges River, & council^ xUi!^^ 
also for making convenient Lodgings for the Chaplain, & a Shop for 526. Mass. 
the Armourer, & also Half a Barrel of Powder for the Use of the Gar- ixxiu.^lls. 



rison, Praying for the Order of the Court referring to those Things. Mass^ 
Read and in Answer to this Memorial Archives, 

Resolved That M"" Treasurer be and hereby is directed to furnish the House Joiir- 
Memorialist with half a barrell of powder for the Use of the Block i^ai. p-"o- 
House, and the other necessarys for the Convenient Lodging of the 
Chaplain & shop for the Armourer there, & other repairs at the said 
Block House. \_Passed January 10.^ 



CHAPTER 103. 

ORDER REFERRING EASTON PETITION TO THE NEXT SESSION. 
A Petition of John Phillips, Thomas Randal & sundry others Inhabi- Legislative 

RGcorQs or tiic 

tants of the Town of Easton, Shewing that there are divers Inhabitants couucii, xiii., 
of the North Precinct in Bridgewater, consisting of about twelve P^amilies ^^ . 

' Not found in the House Journal. 

2 This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 17. 

=< This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 9. 



262 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 104, 105.] 



House Jour- 
nal, p. 76. 



that live near to their Line, & are very desireous to be set off to the said 
Town of Easton, as appears by their Petition therewith presented ; And 
therefore Praying that the said Families may be annexed to Easton 
according to a Line particularly described in the said Petition. 

Read & 

Ordered that the Consideration of these two Petitions be refer'd to 
the next Session of this Court, & in tlie mean time that the Petitioners 
serve the Town as well as the North Precinct in Bridgewater with 
Copies thereof, that they shew Cause why the Prayer thereof should 
not be granted. \_Pussed January 10. 



CHAPTER 104. 



Legislative 
Records of the 
Council, xlii., 
529^ 

Legislative 
Records of the 
Council, xiii., 
4S2, 483, 500. 
House Jour- 
ii.il, p. 106 
(Aug., 17-27); 
pp. il, 49, 80. 



VOTE ON THE MEM" OF D« CUTLER & M" MYLES. 

On the Memorial of D' Timothy Cutler &, W Samuel Miles [clergy- 
men of the Church of England] referring to their being Overseers of the 
College, 

In the House of Represent''^' Upon a Motion made & seconded 

The House entered further into the Consideration of the Subject 
Matter of these Petitions ; And the following Question was thereupon 
put, Viz, Whether it is within the Intent & Meaning of the Act of the 
General Court Anno 1642 & refer'd to in said Memorial Constituting 
the Board of Overseers, That the Rev'' Memorialists the said D' Timothy 
Cutler, & M' Samuel Miles ought to be deemed Members of the Board 
of Overseers? It pass'd in the negative. 

In Council; Read & Concur'd. \_Passed January 11.^ 



CHAPTER 105. 



Legislative 
Records of the 
Council, xiii., 
530. Mass. 
Archives, 
xlvi., 34. 

Mass. 
Archives, 
xlvi., 82. 
House Jour- 
nal, p. 81. 
Province 
Laws, X., 357, 
chap. 209. 



RESOLVE GRANTING 200 ACRES OF LAND TO JOS. KELLOG. 

A Memorial of Cpt. Joseph Kellog, Setting forth his Services as 
Interpreter to the "Western Indians for many years past & in several 
other publick Employm*' Praying that this Court would consider the 
same & make him some Allowance out of their great Bounty & Goodness. 
Read and Accepted and in Answer to this Memorial 
Resolved That Two Hundred Acres of the Unappropriated Lands of 
this Province lying & being in the County of Hampshire be & hereby is 
given and granted unto the said Joseph Kellogg his Heirs and Assigns, 
and that he be allowed and impowred by a Surveyor and Chain Men 
on Oath to Survey and lay out the said Quantity of Land and return 
a Piatt thereof to this Court within twelve Months for Confirmation. 
\_Passed January 12. 

1 The record of this vote is also given in substance on p. 500 of vol. xiii.. Legislative 
Records of the Council, December 28, 1727, which was the time when the House acted. 
The Council's concurrence on January 11, 1727, as here given, is accordingly the true date 
of the vote of the legislature. 



[1st Sess.] Province Laavs (Resolves, etc.). — 1727-28. 263 



CHAPTER 100. 

RESOLVE ALLOWING £3L 5 TO SAM'-'- GERRISH. 

An AccojirT presented by Sanniel Gerrish of the Charge of Paper, Legislative 
Printhig &c of M"" Foxcrofts Sermon, preached on Occasion of the late councif xui!'^ 
Earthquake, Amounting to the Sum of £31. 5. f'^o. 

[Read and] House Jour- 

Resolved that the Sum of Thirty one Pounds five shillings be allowed ^nte,'^hz(i 
& paid out of the publick Treasury to the Accomptant Samuel Gerrish chap'. 36. 
in full Discharge thereof. \_Passed Jaimary 12. 



CHAPTER 107. 

ORDER REFERRING EDWD BELCHERS PETITION FOR REVIEW OF AN 
ACTION TO THE NEXT SESSION. 

A Petition of Edward Belcher of Milton, Shewing that Paul Dudley Legislative 
Esq'' recovered Judgem' against him at the Inferior Court of Common councff xm"^^ 
Pleas held at Boston in October last in a Writ of Trespass & Ejectment o3i. 
for £69. 12 & Costs or Possession of the Messuage & Lands sued for House Jour- 
& Costs; And for as much as the Petitioner claimed his Right under 'i^i>pp-'^9>80. 
one Ephraim Brown of Coventry, who was not duly vouched in upon 
the Trial to warrant the said House & Land & he can not now in the 
Course of the Law be vouched in, so that the Petitioner will have no 
Remedy for recovery of his Damages of the said Brown, Praying Lib- 
erty to review the said Action at the next Inferior Court to be holden 
at Boston for the Count}' of Suffolk. 

Read & 

Ordered that this Petition be refer'd to the next Session of the Court 
for further Consideration, And that in the mean Time the Petitioner 
serve the said Ephraim Brown with a Copy thereof, that he shew Cause, 
if any he have. Why the Prayer thereof should not be granted. \_Passed 
January 12. 

CHAPTER 108. 

RESOLVE ALLOWING £22. 8. 6 TO D" GEO. PEMBERTON. 

An Accompt presented by D'' George Pemberton of Medicines & Legislative 
Attendance on the Garrison at Castle William from the 10"' of June, Councif, xiii.,^ 
to the 25''' of Novem' 1727, Amounting to the Sum of £22. 8. 6. ^^i. 



[Read and] House Jour- 

Resolved that the Sum of Twenty two Pounds eight shillings & six ^ '^' 
pence be allowed & paid out of the publick Treasury to the Accompt- 
aut D' George Pemberton in full Discharge thereof. [_Passed Jan- 
nary 12. 

CHAPTER 109. 

ORDER DECLARING THE CALL FOR A TOWN MEETING AT MEDFORD 

NULL & VOID. 

A Petition of the Select men & others of the Town of Medford Com- Legislative 
plaining of a Warrant illegally & unduly obtained by divers Inhabitants Records of the 



264: 



Province Laws {Resolves, etc.). — 1727-28. [Chap. 110.] 



Council, xiii., 
530. 

House Jour- 
nal, p. 86. 



of the said Town of Benjamin Pool Esq'' for calling a Town Meeting for 
making null & void divers Votes of former Meetings respecting their 
Meeting house, Praying for Relief from this Court. 

Read together with the Answer of Stephen Greenleaf Richard Wait 
& Nathaniel Hall, & the Replication of the Petition" And the same being 
fully considered ; 

Ordered that the Wai'raut of Benjamin Pool Esq' one of His Maj- 
estys Justices of the Peace for the Count}' of Middlesex for calling a 
Town Meeting at Medford as refer'd to in the Petition, be & hereby 
is superseded & declai-ed null & void. [_Passed January 13.^ 



CHAPTER 110 



Legislative 
Records of the 
Council, xiv.,1. 

House Jour- 
nal, pp. 74, 75, 
79. 



RESOLVE FOR EMITTING £12,000 IN BILLS OF CREDIT AND PROVIDING 

SECURITY. 

Resolved that the Treasurer be and hereby is impowered & directed 
to issue forth & emit, the sum of Twelve thousand Pounds in Bills of 
publick Credit on this Province, for the necessaiy Defence & Support 
of this Governm' & the Protection & Preservation of the Inhabitants 
thereof ; The said Twelve thousand Pounds being already in tlie Hands 
of the Treasurer, & received by Taxes, Impost &c. To be issued out & 
disposed of by Warrant under the hand of the Governor or Commander 
in Chief for the Time being, with the Advice & Consent of the Coun- 
cil ; Eleven thousand five hundred Pounds whereof shall be applied for 
the Uses Intents & Purposes in this Resolve hereafter expressed viz, 
For the Paj'ment of all Grants, Premiums & Stipends established by 
Law, for the defraying & paying the Charges of Castle William. & the 
other Forts & Garrisons, Transports, Muster Rolls of Soldiers & Sailors, 
Allowances &c, and all other Acconipts of Charges, allowed & pass'd 
on for Payment by this Court ; And the sum of Five hundred Pounds 
being the Residue & remaining Part of the said Twelve thousand Pounds, 
shall be employed for the Payment of Expresses dispatched in the Ser- 
vice of this Governm' in the Recess of the Court, together with all neces- 
sary unforeseen Charges that demand prompt Payment, which shall arise 
in the Recess of this Court as aforesaid ; Provided always that the sev- 
eral Draughts made on the Treasurer as aforesaid, shall express & declare 
out of which of the two sums afore mentioned the Money is to be paid ; 
And the said Bills shall pass out of the Treasur}' at the Value therein 
expressed, equivalent to Moneys & shall be so taken & Accepted in all 
publick Payments; And that the Duties of Impost & Excise, together 
with all other publick Incomes shall be a Fund & Security for the Paj-- 
ment & 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 & herein^ is granted unto his most Excellent 
Majesty for the Ends & Uses aforesaid, & for no other Ends & Uses 
whatsoever, a Tax of Twelve thousand Pounds to be levied upon Polls 
& Estates both real & personal within this Province according to such 
Rules & in such Proportions upon the several Towns & Districts within 
the same as shall be agreed on & ordered by the Great & General Court 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 12. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 265 

or Assembly of this Province at their Session in May 1737, «& paid into 
the Treasury on or before the first day of December next After. [^Passed 
January 13. 



CHAPTER 111. 

RESOLVE ALLOWING £0. 2. 6 TO JOS. MARION. 

An AccojtPT presented by Joseph Marion of "Writing by him done Legislative 
for the Publick at this Session, Amounting to the sum of £5. 2. 6. Sundf, xiv!*. 

[Read and] House -Jour." ' 

Resolved that the sum of Five Pounds two shilhngs & six pence be nai, p. 81. 
allowed & paid out of the publick Treasury to the Accomptant Joseph 
Marion in full discharge thereof. \_Passed January 15. 



CHAPTER 112. 

ORDER ALLOWING £65. 15 TO CPT. SAM^- HINKES. 

A Petition of Cpt. Samuel Hinkes, Shewing that while he was in Legislative 
the Command of Fort Mary he fell in Arrears to the Province in the coun^cif xiv!*^ 
sum of £65. 15/ in making up his Accompts with the Treasurer ; And 4- Mass. 
for as much as a great Part of said sum is lost by his trusting several ixx^u.^m 
of the Soldiers with the Province Stores & he is him self in distressed ^^[^^ ~ 

Circumstances bv reason of his being put out of that Command, There- Archives, 

• Ixxii 307 

fore Praying that this Court would forgive him the said Debt of Sixty House .Jour- 
five Pounds fifteen shillings. nai, p. 83. 

Read and 

Ordered That the prayer of the petition be granted, and the Treas- 
urer is hereby directed to discharge the petitioner accordingly. [^Passed 
January 15. 

CHAPTER 113. 

ORDER ON PETITION OF THO. & ANN LECHMERE APPOINTING A COM- 
MITTEE, TO REPORT ON RESURVEY OF LANDS. 

A Petition of Thomas Lechmere & Ann his Wife ; Which Ann is Legislative 
only Daughter (& Coheir with her Brother John Winthrop Esq^ to the counc'if.xw!'® 
Hon""'^ Wait Winthrop Esq'' Dec'' Shewing that this Court were pleased 4- Mass. 

ArcliivGs 

m June last, to appoint a Committee on the Petition of the Committee xivi., 37. ' 
for Brimfield, to repair to certain Lands belonging to the Petitioners & m^^^^ 
their said Brother, called Tantinsques or the Lead Mines surveyed & ^/'*■•'^^oq®i(^ ., 
laid out to their said Father in his Lifetime ; And for as much as Noth- House .lour- 
ing is done thereupon, Praying that the Bounds of the said Tract of ^fnlF'vhm 
Land may be ascertained, Agreable to the Plats thereof taken by a chap'. 47. 
faithful Artist, & Chain men & lodged in the Files of this Court, that 
so the Petitioners may have their proportionable Parts of the said Land 
set off to them. 

In the House of Representatives 

Read and in Answer to this Petition 

Ordered That Maj"" Tilestone and Major Quincy with such as the 
Honourable Board shall Appoint be a Committee to repair to the Town 



266 



Province Laws (i?eso/i'es, e^c). — 1727-28. [Chaps. 114-116.] 



of Brimfield & view the Lands surveyed and laid out to the late Honour- 
able Waite Winthrop Esq' and report their Opinion as soon as may be, 
Whether it may be Convenient that a Reform of the said Survey should 
be made, that an Equivalent in Lands lying and being within the Town- 
ship of Brimfield and Adjoyning to the remainder of the Lauds within 
the aforesaid Survey be made to the Heirs of the late Honourable Waite 
Winthrop Esq"" deceased 
In Council 
Read & Concur'd And Samuel Thaxter Esq"" is join'd in the Affair. 
[^Passed January 15. 



CHAPTER 114 



ORDER REFERRING CPT. JOS. KELLOGS MEM" ABOUT THE TRADING 
HOUSE TO THE NEXT SESSION. 



Legislative 
Records of the 
Council, xiv., 5. 

House Jour- 
nal, p. 80. 



A Memorial of Cpt. Joseph Kellog, Shewing that during his Captivity 
among the French & Indians he has had an Opportunity to observe the 
Circumstances of their Peltry Trade witli the Indians in the Western 
Parts, which he is confident might be carried on by this Government to 
good advantage. Therefore Proposing that there might be a Trading 
house at the Block house above Northfield, or higher up on Connecti- 
cut River. 

In the House of Represent*' Read & 

Ordered that this Petition be refer'd to the next Session for further 
Consideration ; & that in the mean time j\P Cook, M' Remington, & 
M"" Lewis, with such as the Hon'''* Board shall appoint, be a Committee 
to take the Memorial into Consideration, & report their Opinion of what 
may be proper for this Court to do in answer thereto at the said Session. 

In Council; Read & Concur'd; And Thomas Fitch, & Jonathan 
Belcher Esq" are joined in the Affair. [^Passed January 15. 



Legislative 
Records of the 
Council, xiv., 
7. Mass. 
Archives, 
xxxi., 160. 

Ante, p. 251, 
chap. 77. 



CHAPTER 115. 

RESOLVE ALLOWING £15 FOR BURYING AN INDIAN MESSENGER. 

Resolved That the Sum of Fifteen pounds be allowed and paid out 
of the publick Treasury to be disposed off in the best Manner for the 
Decent Interment of the Indian Messenger who dyed this morning, 
inclusive of Something convenient for the present necessary Support 
of his Family.^ [Passed January 16. 



CHAPTER 116 



RESOLVE ALLOWING £28. 8. 10 TO BENJ'^ ELLIOT. 



Records'of the ^^ AccoMPT presented by Benjamin Elliot of Stationers Wares sup- 
Councii,xiv.,7. plied the Secretarys Office the last Year, Amounting to y" sum of £28. 

House Jour- 8. 10. 

nal, p. 87. [-jjej^^j ^^^-^ 

Resolved that the sum of Twenty eight Pounds eight shillings «& ten 
pence be allowed & paid out of the publick Treasury to the Accomptant 
Benjamin Elliot in full discharge thereof. \_Passed January 16. 

1 Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 267 

CHAPTER 117. 

RESOLVE ALLOWING £56. 12. 7 TO BENJ^ ELLIOTS 2" ACC^. 

An Accompt presented by Benjamin Elliot, of Stationers "Wares Legislative 
delivered for the Use of the Council & House of Represent^'' together coundi' xf v. j. 
with the Laws for the last Year, Amounting; to the sum of £56. 12. 7. ~ iTTZr"^ 

P 1 TT House Jour- 

LKead andj nai.p. 87. 

Resolved that the sum of Fifty six Pounds twelve shillings & seven 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant, M"" Benjamin Elliot in full discharge thereof. \_Passed January 16. 



CHAPTER 118. 

RESOLVE ALLOWING £51. 3 TO GREEN & KNEELAND. 

An Accompt presented bj' Bartholemew Green & Samuel Kneland Legislative 
of Paper & Printing the Votes of the House of Represent'*'^ for the councir.xiv.,?. 
last May, August & October Sessions, Amounting to the sum of £51. 3. House Jour- 

[Read and] nai, p. 85. 

Resolved that the sum of Fifty one Pounds three shillings be allowed 
& paid out of the publick Treasury to the Accomptants Bartholemew 
Green and Samuel Kneeland in full discharge thereof. \^Passed Jan- 
uary 16. 

CHAPTER 119. 

VOTE FOR SUSPENDING AN ACTION AGAINST JOHN WHITNEY. 

Voted That the Justices of the Inferiour Court of Common pleas for Legislative 
the County of Middlesex be and hereby are impowred and directed to councu xw^^ 
suspend till y'' further Order of this Court an Action of Debt depend- 6. Mass.' 
ing between Samuel Jones, of Concord and Ephraim Satell of Groton, f^^^^^^*^^' ^^^■' 
against Jonathan Whitney of Concord aforesaid to be heard and tryed House Jour- 
at the next Inferiour Court of Commonpleas to be held at Charlstown nai, pp. 88, 9L 
in & for said County for the Recovery of Thirty five pounds it being 
really in Considei'ation of an Exchange of a Lott in the South Town at 
Turkey Hills. [Passed January 17.^ 



CHAPTER 120. 

VOTE ACCEPTING THE REPORT ON THE AFFAIR OF TURKEY HILLS. 

The Committee on the Affair relating to the Committee for Turkey Legislative 
Hills & Jonathan Whitney gave in their Report: Which was Ac- councif xiv^l 

cepted by both Houses with Amendm'" & as amended is as follows ; viz, - — rj^ — — 

The Committee having considered the Circumstances of the new Records'^ofthe 
Plantations or Settlements on the Lands commonly called Turkey ^i*^"'^House"' 
Hills, together with the Doings of the Committee appointed by this Journal, pp. 
Court thereon, are humbly of Opinion, That in as much as the sum A'nte!^%46, 
they were directed to take for each Lot was Five Pounds only for the ^^^v'- ^^■ 

• This date is according to Mass. Archives and the House Journal ; according to Leg- 
islative Records of the Council the date is January 16. 



268 



Province Laws {Resolves, etc.). — 1727 -2S. [Chaps. 121, 122.] 



Province, & pay for necessary Surveys ; "We humbly conceive that the 
Committee Declaring the P'orfeiture of Lots, & settling at discrotiou 
for large sums of Money was beyond their Power & the Orders given 
them by this Court, & therefore It is just & reasonable the said Com- 
mittee should repay such sums of Money as have been paid them over 
& above the afore said Sum of Five Pounds for the Province & a rea- 
sonable Allowance for the necessary Surveys & the Service of the Com- 
mittee in & about such Lots, & deliver such Bonds as they have received 
of any Person or Persons for any of the said Lots to the Order of this 
Court. The Committee do further humbly propose That, as there is no 
Plan of the Lots, either in the South Settlement of Turke}' Hills, or in 
the North, especially in the second Division or Allotment in the South 
Town, That this Court do give Order to the said Turkey Hill Committee 
to lay before them at their next Session a Plan of each Town & the sev- 
eral Lots in them, how they ly & are bounded, to whom granted & by 
whom now holdeu & how far improved or not ; And that in the mean 
time the Grantees or Settlers vise their best Endeavours to bring for- 
ward their building on & improvement of their respective Lots in said 
Plantation ; And that said Committee be directed to present to this 
Court at their next Session a State of their Accompts as to their Re- 
ceipts & Disbursements relating to the whole of this Affair. And for 
as much as Jonathan AVhitney has been at considerable Expence in 
attending the Court; the Committee are of Opinion, that the same 
shall be born as this Court shall order at their next Session when 
said Turkey Hill Committees Accompts shall be laid before them. 
\_Passed January 17. 



CHAPTEK 121. 



Legislative 
Records of the 
Council, xiv., 9. 

House Jour- 
nal, pp. 45, 77, 
90. Ante,\).\U, 
chap. 297. 



RESOLVE ALLOWING PAYMENT OF CAPT JAS WOODSIDES MUSTER 

ROLL. 

In Council, 

Ordered that a Message be sent down to the Hon'''^ House of Repre- 
sent""^^ to desire them to reconsider their Vote on the Muster Roll of Cpt. 
James Woodside & allow him & his Company the Pay justly due for 
their past Services without a Clause in the Nature of a Condition ; AVhich 
the Board cannot in Justice come into ; But in case it should afterwards 
appear to the Board that the said Woodside hath by his Mismanagement 
rendered him self obnoxious to the Governm' as the House seem to appre- 
hend, that then the Board will be ready to join with them in a proper 
Application to the Chair, 

In the House of Represent''^' Read & In answer to this Message, 

Resolved that the Wages justl}^ due on the Roll of Cpt James Wood- 
side within refer'd to, be allowed & paid out of the publick Treasury 
to the Officers & Soldiers born thereon in full discharge thereof, Any 
other Vote on the said Roll notwithstanding. 

In Council ; Read & Concur'd. [^Passed January 17. 



CHAPTER 122. 

VOTE ACCEPTING THE REPORT REFERRING TO M« AGENT DUMMERS 
LETTERS RESPECTING THE LINE ON NEW HAMPSHIRE. 



Records'oUhe '^'^'^ COMMITTEE appointed to prepare the Draught of an Answer to 
Council, xiv., M"" Agent Dummers last Letter to this Court &c and report the same 



[1st Sess.] Province Laws {Resolves, e^c). — 1727-28. 269 

as soon as may be, baviuq; met & consulered of the Subject matter lo. Mass. 
refer'd to therein, as also the last Instruction to the said M' Dummer, 054 ••- •> 
which accompanied an Address to his late Majesty King George are legislative 
humbly of Opinion That in as much as M'' Agent Dummer has signi- Uwonisof the 

„ , , . .- , , r, . n 1 • -11 ,, ,. TT iji 1 • I Council, xin., 

lied to this Court the Continuance of his ill State ot Health ; on which 458. Mass. 
account he declines taking the Managem'of the Affair of the J>iiie between 43?'^nouse'''' 
this Province & New Hampshire wholly upon him self, & that he judged Journal, \>. 93. 
it very expedient that some other Person also be employed therein whom 
he offers to assist, That there be some suitable Person appointed & 
inipowered accordingly by this Court to act jointly with M^ Agent Dum- 
mer ill behalf of this Province in the said Affair, And in case he should 
be rendered uncapable (thro Indisposition) for the said Service or sh*^ 
decline it; that then the sole Power, & Authority do devolve on the 
other Person appointed & impowered as afore said ; That this being done 
& concluded a Letter should be wrote agreable to such Appointment of 
an other Agent, to be joined, or to act separately, as above, unto each 
of them respectively, to pursue the Instructions last sent him & therein 
to insist upon & press that Article of the said last Instruction, " As to 
procure Commissioners upon the Spot to view & consider &c". That 
also the Draught of an humble Address to his present Majesty be pre- 
pared purporting the same Matters & Things referring to the Settle- 
ment of the Line &c, which were represented in the last Address to his 
late Majesty on the same occasion ; And that an attested Copy or Copies 
of M' Gorges & M' Masons Surrender of their joint Patent, & of their 
Taking several Years separate Patents (which happened to be done 
after the Patent granted to this Province) be transmitted to the Agent 
or Agents. 

Ordered that this Report be Accepted. \_Passed January 18} ^ 



CHAPTEE 123. 

RESOLVE ALLOWING £10 TO ELEA. ROGERS. 



A Petition of Eleazar Rogers of Plymouth Setting forth his thank- ^^^'^'f*^^! jjj 
ful Acknowledgem' of the Favour of this Court in granting him a Pen- council, xiv., 
siou of Seven Pounds per Annum in consideration of his Disability by Arciiive^s!" 
reason of a Wound received in the publick Service ; And Praying for ixxii., 321. 
a further Allowance. Mass. 

Read and in Answer to this petition bcxH.^sio. 

Resolved That the Sum of Ten pounds be allowed and paid out of the House Jour- 
publick Treasury to M'' John Foster to be by him repaid to the peti- ^Ante,'v. 55, 
tioner Eleazer Rogers in Consideration of the wounds within mentioned, chap. 14,3. 
[^Passed January 18. 



CHAPTEE 124. 

RESOLVE ALLOWING £14. 15. 10 TO RICH" HUBBARD. 

An Accompt presented by Richard Hubbard of several Charges at Legislative 
the Court House, Amounting to the sum of £14. L5. 10. Councif.xiv 

[Read and] H^ . 

Resolved, that the sum of Fourteen Pounds fifteen shillings & ten House Jour- 

^ nal, p. 94. 

1 On the following day the committee reported a draft of a letter to Mr. Dummer, which 
■was accepted by the Assembly; and it was then " Voted that Francis Wilks Esqi" be joined 
in the Alfair," with consent of the lieut. governor. 



270 Province Laws {Resolves, etc.). — 1727-28. [Chaps. 125-127.] 

pence be allowed & paid out of the publick Treasury to the Accoinplant 
Richard Hubbard, to be by him paid to whom it is respectively due, in 
full discharge thereof. [^Passed January 19. 



CHAPTER 125. 



RESOLVE ALLOWING £16. 14 TO BENJ* ROLFE. 



Legislative 
Records of the 
Council, xiv., 
13^ 

House Jour- 
nal, p. 95. 



An Accompt presented by Benjamin Rolfe of Writing by him done 
for the Publick, in October last, & at the present Session, Amounting 
to the sum of £16. 14. 

[Read and] 

Resolved that the sum of Sixteen Pounds fourteen shillings be allowed 
& paid out of the publick Treasury to the Accomptant Benjamin Rolfe 
in full discharge thereof. \_Passed January 19. 



CHAPTER 126. 



RESOLVE ALLOWING £13. 12 TO SAM'- TYLEY. 



Legislative 
Eecorrls.of the 
Council, xiv., 
13. 

House Jour- 
nal, p. 95. 



An Acco:mpt presented by Samuel Tyley of Writing done for the 
Publick from August last to this time. Amounting to the sum of 
£13. 12. 

[Read and] 

Resolved that the sum of Thirteen Pounds twelve shillings be allowed 
& paid out of the publick Treasury to the Accomptant Samuel Tyley 
in full discharge thereof. \_Passed January 19. 



CHAPTER 127. 

ORDER IMPOWERING MARG. RAWSON AS ADMINISTRATRIX, TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, xiv., 
14. 

House .Jour- 
nal, p. 96. 



A Petition of Margaret Rawson Relict AVidow of William Rawson 
late of Uxbridge Dec'' Shewing that she has obtained a Licence from 
the Justices of the Superior Court of Judicature to make Sale of Part 
of the Lands of the Deceased for paying his just Debts, that she can- 
not sell a Part but it would be greatly detrimental to the whole, Pray- 
ing that she may have Liberty to sell the whole of the Real Estate of 
her said Husband ; for which she will be accountable. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioner be & hereby is impowered to make Sale of all the Homestead & 
Land mentioned in the Petition ; & that the just Debts of the Peti- 
tioners late Husband William Rawson Dec** Intestate be paid out of 
the Produce thereof ; & that the Remainder of the same be employed 
for the best advantage of the Petitioner & her Children ; One third 
Part thereof to be for the Petitioners Benefit, & the other two Thirds 
for her Children, according to the Direction of the Law, who are to 
be paid their rateable Part of the Principle as they come of Age. & 
the Widows Part to be divided among them after her Death ; And that 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-2^. 271 

Edward Rawson & Ebenezer Read of Uxbiidge be joined with the Peti- » 

tioner as Trustees for selling & disposing of the Estate, & improving 
the Money produced tiiereby ; Provided the Petitioner give suflicient 
Security to the Judge of the Probate of Wills for the County of Suffolk 
for fulfilling the Conditions above mentioned. \^Fassed January 20. 



CHAPTER 128. 

VOTE FOR SENDING A MESSENGER TO CANADA FOR THE CAPTIVES &c. 

Inasmuch as sundry of his Majestys Subjects of this Province have Legislative 
in the late Indian War been captivated & carried into divers Parts of councif, xiv!!° 

the French Territories in Canada, & some of them remain at Quebeck, J^^ 

Mont Real, Trois Rivere, S' Francois &c; And it being the incumbent House Jour- 
Duty of this Court to take all suitable Care for the Recovery of them; °^'P'^'^' 

Voted that his Honour the Lieuten' Governor be desired to send a fit 
Person as Messenger from the Grovernm' with suitable Attendants to 
the Number of seven English, & one or two Indians to Pilot them from 
the County of Hampshire, the nearest way to S' Francois near Canada 
River with Letters to the Governor of the French Territories to demand 
of him all the British Subjects remaining in that Governm' as also to 
desire of the said Governor that the said Messengers be allowed to 
inquire after search & Speak with all the said Captives in any of the 
said French Territories & inform themselves of what they or any of 
them have cost to be got out out ^ of the Indians Hands, & upon what 
Terms they may be obtained in order to return ; And that the said Mes- 
sengers come home the best & most convenient W^j ; & make Report 
of their whole Negotiation to this Court on their Return hither : And 
inasmuch as it will tend to have good Pilots if the Rivers & Countrey 
at a distance from the Frontiers were known. 

Voted that his Honour the Lieuten' Governor be desired to give Orders 
for the enlisting eight good able bodied Men to be put under the Con- 
duct of a discreet Person, to march upon Connecticut River to a Branch 
thereof called Ammanuseck, & up the same, & round the White Hills, 
& down Amerescoggin River to Falmouth, Observing the distance of 
Rivers, Ponds & Hills, & Keeping a fair Journal of their Proceedings 
& lay the same before this Court ; And for their Encouragem' 

Resolved that the Officer, during the Time of his being in actual Ser- 
vice be entitled to Ten shillings per Diem, «& each of the Men to eight 
shillings per Diem, they finding their own Subsistence ; And that a like 
Number of Men be directed by his Honour the Lieutenant Governor to 
discover the Countrey between the said Connecticut River & the Lake, 
& especially the two Rivers running into the same, the one called Weu- 
owonsky or French River, & the other Otter Creek, & that they keep 
Journals of their whole Proceeding & lay the same before the whole 
Court, & that the Officer & Men be entitled to the like Pay for their 
Encoui-agem' They finding their own Subsistence. 

And that His Honour the Lieuten' Governor be desired to enlist ten 
good able bodied effective Men, & put them under the Conduct of a 
skilful Surveyour to range the Woods in the Eastward Parts ; That is 
to say, Beginning at Quambegan in Newitchawonock River, & run & 
measure up the said River to the utmost Head thereof, & from thence 
North West until One hundred & three miles be compleat from Quam- 
pegan, Marking as they go, from thence to run, view, & keep an Account 

» Sic. 



272 



Province Laws {Resolves, etc.). — \121-2^. [Chaps. 129, 130.] 



of all Pouds Hills, Rivers & remarkable Places Nortb easterly till they 
intersect & come to Connecticut River, & to return down to Richmond ; 
And for the Encouragement of this hard & diflicult March &, Sui-vey 
the said Officers be entitled to Ten shillings per Diem & the Men to 
eight shillings per Diem each, they subsisting them selves ; Provided 
always the said OlHcers lay before this Court an Account of their Pro- 
ceedings on Oath in Order to this Courts passing thereon. [^Passed 
January 22. 



CHAPTER 129. 



ORDER IMPOWERING THO. COOCHUCK TO SELL REAL ESTATE. 



Legislative 
Records of tlie 
Council, xiv., 
16. 

HoTise Jour- 
Dai, p. 97. 



A Petition of Thomas^ Coochuck of Natick Indian Planter Admin isf 
of the Estate of Thomas Waban late of said Natick Dec*^ Intestate Shew- 
ing that the said Wabaus Debts are considerably more than his Personal 
Estate ; And therefore Praying for Licence from this Court for selling 
so much of the said AVabans Lands as will discharge his just Debts. 

Read & 

Ordered that the Justices of the Superior Court of Judicature be 
directed at the next Court, to be held in the County of Middlesex to 
authorize & impower the Peti[ti]oner to make Sale of so much of the 
real Estate of Cpt. Tiiomas Waban of Natick Dec'* as they shall judge 
necessary for discharging the Deceaseds Debts, Agreable to the Law of 
this Province respecting Administ" &c. [^Passed January 22. 



CHAPTER 130. 



ORDER OF NOTICE REFERRING COREYS & BILLINGS PETITION TO THE 
NEXT MAY SESSION. 



IiCgislative 
Records of the 
Council, xiv., 
16^ 

House Jour- 
nal, p. 97. 
Ante, p. 47, 
chap. 116. 



A Petition of John Corey & Samuel Billing, Shewing that they 
advanced a Sum of Money to Benjamin Bate Son & Adminisf to Ben- 
jamin Bate late of Dorchester Dec'* Intestate for paying off the Deceaseds 
Debts, & that they took a Mortgage of the Deceaseds Lands, the said 
Administ' being impowered by the Superior Court to sell Lands for paj'- 
ing the Debts due on the said Instate, That afterwards the Letters of 
Administration to the said Benjamin Bate were revoked, & Administra- 
tion granted to Stephen Boutineau, & their Title to the said Land con- 
demned upon a Trial before the Sup'' Court which the said Boutineau 
obtained by a Special Order of this Court after the ]\Latter had pass'd 
through the whole Course of the Law, & that they are denied to be 
admitted as Creditors, And therefore Praj'ing for an Order of this Court 
that they may be admitted as Creditors to the said Estate, & have their 
rateable Part thereof. 

Read & 

Ordered that the Petitioners serve Stephen Boutineau with a Copy 
of this Petition, that so he give in his Answer upon the first Fryday of 
the next May Session. [^Passed January 23. 

I The House Journal reads, " Xathaniel." 



[1st Sess.] Province Laws {Resolves, e^c). — 1727-28. 273 



CHAPTEK 131. 

RESOLVE ALLOWING £50 TO CrT. JOS. KELLOG AND A FURTHER SUM 
OF £100 FOR EQUIPPING HIS SUITE. 

Resolved that the sum of Fifty Pounds be allowed & paid out of the Legislative 
publick Treasury to Cpt. Joseph Kellog to enable him handsonily to councif xiv''*^ 

equip himself to appear at Canada on the P>raud this Court have voted ^ '_ 

in their present Session ; And that the further sum of One hundred Ante, p. 271, 
Pounds be allowed & paid out of the publick Treasury to the said Cpt ^^^^^' ^^' 
Joseph Kellog, to be by him disposed of in the best manner for the 
Cloathing & necessary Provisions of the Men that are to attend him 
to Canada on the said Errand ; Which last sum the said Kellog & Men 
are to be accountable for out of their Wages at their Return back.^ 
\_Passed January 23. 



CHAPTER 132. 



RESOLVE ACCEPTING THE ACC^^ Qp ^HE COMMISSI" OF THE £100,000 
LOAN FOR THE CO. OF SUFFOLK. 

Four Accompts of the Commissioners of the £100,000 Loan for Legislative 
the County of Suffolk beginning Febry. 13. 172-/3 & ending Febry. 13. coSn^f xiv^^ 

I72V7. ^_ounci , XIV.. 

It appearing by the said Accompts that the Commissioners have re- House Jour- 
ceived of sundry Persons for Interest of the said Loan the said Years proyjncf^' ^^" 
the sum of £4,609. 12. 6 & paid into the Treasury the sum of £4,340. Laws, 11., ei, 
11. 3 & account for the remaining sum of £269. 11. 3 as follows; viz, <=^^p- ^^• 
£244. 6. 6 their Due by Law, £20 for Book Keeping, And also outstand- 
ing £823. 7. 9 Interest Money ; By the same Accompt it appears that 
there was outstanding of the Interest of the former years the sum of 
£420. 9. 2 and also £4. 4. 9 for Law Suits in their former Accompts 
not accounted for. Which three sums last mentioned Amounting to the 
sum of £1,248. 1. 7 the said Commissioners are still accountable for, 
The sum of £7,302. 7. 9 of the Principal sum being in their Hands not 
let out. 

[Read and Accepted and] 

Resolved that the Commissioners the Accomptants upon their paying 
to, or properly accounting with the Treasurer of the Province for the 
said sum of Twelve hundred & forty eight Pounds one shilling & seven 
pence be & hereby are so far discharged of the said Accompt in the 
several Articles thereof. \_Passed January 23. 



CHAPTER 133. 

RESOLVE ALLOWING £140. 10. 6 TO REB. HOLMES. 

An Accompt presented by Rebecca Holmes of the Expences of Com- Legislative 
mittees of the General Court at her House in the last October Session counc*if x^iv*^^ 
& this present Session, Amounting to the sum of £140. 10. 6. is. ' " '' 

[Read and] House Jour. 

Resolved that the sum of One hundred & forty Pounds ten shil- '^''^I'l'-^e. 

1 Not found in the House Journal. 



274 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 134, 135.] 



lings & six pence be allowed «& paid out of the publick Treasury to 
the Aceomptant Rebecca Holmes in full discharge thereof. [^Passed 
January 24. 



CHAPTEE 134. 



Legislative 
Records of the 
Council, xlv., 
19. 

House Jour- 
nal, p. 82. 
Province 
Laws, X., 678, 
chap. 284. 



VOTE GRANTING 12 MONTHS TIME TO SAMUEL PARTRIDGE ESQ TO 
SURVEY A PLAT OF 500 ACRES OF LAND. 

A Plat of Five hundred Acres of Land laid out to Samuel Patridge 
Esq"" of Hatfield, by vertue of a Grant made to him by the Great & Gen- 
eral Court in Novem"" 1725, Beginning at the East Bank of Connecticut 
River on the North Line of Northfield Township at the South West Corner 
of this Tract & running from thence as therein particularly described. 

Read & 

Voted that twelve months time more be allowed to Samuel Patridge 
Esq'' to survey the like Quantity of Province Land, And the said Coll. 
Patridge is desired to have the Land laid out in a more regular Form 
& compact when he returns the next Plan for Acceptance & Confirma- 
tion. \_Passed January 24. 



CHAPTER 135. 



ORDER IMPOWERING ELIS^ ELLIS EXECUTRIX TO SELL A HOUSE AND 

LAND. 



Legislative 
Records of the 
Council, xiv., 
19. 

House Jour- 
nal, p. 99. 



A Petition of Elisabeth Ellis Widow & one of the Executors of the 
last Will & Testament of D"^ Robert Ellis Dec'" Setting forth that the 
said Robert Ellis by his last Will Approved & Allowed, among otlier 
things ordered that his Executors ; viz, ]\P James Pemberton & the 
Petitioner be impowered, in case they should find it necessary for the 
support of his Wife & the Education of his youngest Children, to sell 
any part or all of his Real Estate ; that she has been necessitated to 
expend divers sums of Money in the Maintenance & Education of her 
youngest Children, for which she has been obliged to mortgage a House 
& Laud in the South Part of Boston, which she can sell for good ad- 
vantage, That altho the other Executor is sensible of the Necessity of 
selling the said House & Land & consent thereunto, j'et he is unwilling 
to sign any Deed for the same, lest he should thereby involve his own 
Estate ; Praying that she may be impowered to execute a Deed or Deeds 
for the said House & Land alone & that the same may be held good & 
valid in the Law. 

Read & 

Ordered that the Prayer of the Petition be granted, «S: the Petitioner 
is hereby allowed & impowered in her said Capacity to make Sale of 
the mortgaged Premisses within mentioned. Provided she give Secu- 
rity to the Judge of Probate for the County of Suffolk to dispose of 
the Proceeds thereof to & for the Uses only in the said Will men- 
tioned & according to Law. [^Passed January 24. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 275 



CHAPT.ER 136. 

ORDER OF NOTICE ON PETITION OF JOS'^ COOK & OTHERS OF 
BELLINGHAM. 

A Petition of Josiah Cook, Joseph Scott, Jacob Bartlet & David Refords'Jf the 
Cook all of Bellingham, Setting forth that they are arrested by the Council, xiv., 

Constable of the said Town for Rates assessed on them for the Main- '^— 

tenauce of the Minister there, which they cannot pay without acting nai^pp'^vg^'ag 
against their Consciences, that they are now committed to the Goal 
in Boston Praying that they be discharged from Prison. 

Read & 

Ordered that the Petitioners serve the Assessors of the Town of 
Bellingham with a Copy of this Petition, that so they may give An- 
swer thereto on the first Tuesday of the next May Session, & that in 
the mean time the Petitioners be set at Liberty, Provided they recog- 
nize before one of his Majestys Justices of the Peace to appear at that 
time, & abide the Order of this Court on that Affair. [^Passed Jan- 
uary 24. 



CHAPTER 137. 

RESOLVE ALLOWING £72. 1. 5 TO ROW. DYKE. 

An Accompt presented by Rowland Dyke, of the Expence of the Legislative 
four Indian Messengers for their Diet, Entertainment &c, at his House counclf ^lu^^ 
Amounting to the sum of £83. 9. 5. 20. Mass. 

Read & Accepted and xxxiljrii 

Resolved That the sum of seventy Two pounds one shilling and Five j^j^^^ ~ 

pence be allowed and paid out of the publick Treasury to the Accompt- Archives, 
ant Rowland Dike in full discharge thereof. \_Passed January 24. House Jour.^^' 

nal, p. 98. 



CHAPTER 138 



RESOLVE ON PETITION OF DIVERS INHABITANTS OF Y" NORTH PRE- 
CINCT IN LYN ADVISING A COUNCIL OF CHURCHES. 

A Petition of Benjamin Gowen & Benjamin Chaplain & sundry Legislative 
others of the North Precinct in Lyn, Setting forth the unhappy and coundf xiv^® 
distressed Circumstances they are under by reason of the Differences 20. 
& Contentions among them, & that they are desirous that a Council House Jour- 
of Churches should be called in order to accomodate their Differences, "■"*'' P' ^^' 
but their Minister the Rev*^ M' Sparhawk & others that adhere to him 
have opposed it, Praying the Authority of this Court for calling such 
a Council ; 

Together with a Memorial of divers Ministers of Boston, Recom- 
mending the same to this Court. 

Read & In answer to this Petition, & also the Representation of 
several of the Ministers of the Gospel in Boston on the same Subject ; 

Resolved that it will be greatly for the Interest of Religion iii the 
Precinct to which the Petitioners belong, & of absolute Necessity for 
the Peace of the Church & People there That there should be convened 
as soon as may be an Ecclesiastical Council of Churches, to be mutually 



276 



Province Lav.^s (Besolves, etc.) . — 1727-28. [Chaps. 139-141.] 



chosen by by ^ the couteudiug Parties iu Order to hear & determine the 
Complaint of the Aggrived ; And this Court do accordingly Advise to 
such a Council, Agreable to the Practice of the Churches in New Eng- 
land iu such Cases. [Passed January 24. 



CHAPTEE 139. 



Legislative 
Records of the 
Couucil, xiv., 
21^ 

Legislative 
Records of the 
Council, xiii., 
461. House 
Journal, p. 101. 
Ante, p. 143, 
chap. 24. 



ORDER REFERRING JON^ DRAPERS PETITION TO THE NEXT MAY 

SESSION. 

A Petition of Jonathan Draper of Roxbury, Praying that the House 
would reconsider their Vote on a Petition of the Inhabitants of Belling- 
ham respecting the Line between the said Town & Wrentham 

Read & 

Ordered that the further Consideration of this Petition be refer'd to 
the next May Session of this Court. [^Passed January 25. 



CHAPTER IttO. 



Legislative 
Records of the 
Council, xiv., 
21. 

House Jour- 
nal, p. 98. 
Ante, p. 12, 
chap. 17. 



VOTE REFERRING TO THE COMM'^e'^ OF HOL'SATANUCK. 

Voted that the Committee appointed by this Court to bring forward 
the Settlement of the two new Towns at Housatanuck be directed to 
lay before the Court at the next May Session an Account of all their 
Proceedings respecting that Matter. [Passed January 26. 



CHAPTER 141. 



RESOLVE ACCEPTING THE ACC^^ OF THE COMMISS^^ OF THE £100.000 
LOAN FOR THE CO. OF ESSEX. 



Legislative 
Records of the 
Council, xiv., 
22. 

House Jour- 
nal, pp. 83, 84. 
Province 
Laws, ii., 61, 
chap. 18; ::.,55, 
chap. 122. 
Ante, p. 273, 
chap. 132. 
Infra, chap. 
142. 



Seven Accompts of the Commissioners of the £100,000 Loan for the 
County of Essex, from 13"^ of Febry. 1719, 20, to the 13"' of Febrv. 
1727-. 

It appearing b}' the said Accompts that the said Commissioners 
have received of sundry Persons for Interest of the said Loan the said 
seven years the sum of £6,829. 19. 6 and have paid into the Treas- 
ury £6,125. 7. 9 and Accompt for the remaining sum as follows ; viz, 
£266. 9. 7 their Due by Law, £71. 6 for Book keeping & Paper, £325. 
18. 3 for Charges of Law Suits, £40. 17. 11 for Tavern Expeuces, the 
sum of £1,703. 2. 6 Outstanding Interest Money & the sum of £11,029. 
2. 9 of the Principal ]Money being in their Hands & not let out, & the 
sum of £62. 10. 7 they were ordered to pay into the Treasury the 9"" 
of Decem'' 1720, still remains in their Hands; They are forthwith to 
pay in the said £62. 10. 7 together with the above said sum of £40. 
17. 11 making in the whole the sum of £103. 8. 6 being Charges for 
Tavern Expences ; And the said Commissioners are still accountable 
for the said sum of £325. 18. 3 with £40. 10. 6 Amounting to £366. 18. 9 
Charges of Law Suits & the sum of £1,703. 2. 5 Outstanding Interest 
Money, making in the Whole the sum of £2,069. 11. 2. 



• Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1121-2?,. 277 

[Read aud Accepted and] 

Resolved that upon the said Commissioners the Accomptants their 
Paying to or properly Accounting witii the Treasurer of the Province 
for the sum of Two thousand & sixty nine Pounds eleven shillings & 
two pence the said Commissioners the Accomptants be & they hereby 
are so far discharged of the said seven Accompts in the several Articles 
thereof. \_Passe(i January 26. 



CHAPTEK 142. 

RESOLVE ACCEPTING THE ACC^s OF THE COMMISS^^ OF THE £100,000 
LOAN FOR THE CO. OF MIDDLESEX. 

Two Accompts of the Commissioners of the £100,000 Loan for the Legislative 
County of Middlesex, beginning Febry. 13. 112^,. & ending Febry. 13. coundf xiv^^ 

It appearing by the said Accompts that the said Commissioners House Jour- 
had received of sundry Persons for Interest of the said Loan the said ^^^^e^p^ 41, 
two Years the sum of £1,618. 7. 3 & £21. 17. 2 the Charges of Law fjfP-^i*'^/ 
Suits making £1.640. 4. 5 & have paid into the Treasury the sum of ui!^%fra, ' 
£1,521. 3 and account for the remaining sum of £119. 1. 5 as follows ; chaii. 143. 
viz, £73. 1. 10 their due by Law, £14 for Book Keeping £26. 17 for 
Charges of Law Suits, £5. 12. 7 the said Commissioners charge for 
extraordinary Attendance &c, of which 10/ 7 is for Paper & a Lock 
being the only reasonable Charge, so that the remaining £5. 2 the said 
Commissioners remained accountable for in their last Accompt pass'd 
in May 1726 ; £97. 13. 8 the Ballance of what they expended in 

Law Suits with the above £26. 17 charged in this last Accompt, makes 
£124. 0. 8 «fe have discharged them selves in these Accounts of £21. 
17. 2 So that there being still remaining to be accounted for £102. 3. 6 
arising by Law Suits, & the said £5. 2 as also the sum of £982. 17. 3 
Outstanding Interest Money, amounting to the sum of £1,090. 2. 9 In 
the whole; the sum of £4,117. 18. 10 of the Principal Money being in 
their Hands & not let out ; 

[Read and Accepted and] 

Resolved that upon the Commissioners the Accomptants their paying 
to or properly accounting with the Treasurer of the Province for the 
said sum of One thousand & ninety Pounds two shillings & nine pence, 
the said Commissioners be & hereby are so far discharged of the said 
two Accompts in the several Articles thereof. \^Passed January 26. 



CHAPTER 143. 

RESOLVE ACCEPTING THE ACC^s OF THE COMMISS^s OF THE £100,000 
LOAN FOR THE CO. OF HAMPSHIRE. 

Two Accompts of the Commissioners of the £100,000 Loan for the Legislative 
County of Hampshire, beginning Febry. 13, I72V5, & ending Febry. 13. councu.xiv^^ 

1727;. 23. 

It appearing by the said Accompts that the said Commissioners had House Jour- 
received of sundry Persons for Interest of the said Loan the said two proVmce 
years, £517. 5. 4 together with the sum of £770. 2. 1 remaining in ^f^/'J^'.*"^' 
their hands for Interest Money, which they were ordered by the Gen- 623,chap.'i2i. 
eral Court at their Session in May 1725, forthwith to pay into the Treas- U2^!^"j„fra^' 

ciiap. 144. 



278 



Province Laws {Resolves, etc.). — 1121-2%. [Chaps. 144, 145.] 



ury making iu the whole £1,284. 8. 5, that they have since paid into the 
Treasury £938 & account for the remaining sum as follows, viz, £20. 
9. 3 their Due by Law & £8 for Book keeping, There still remains in 
their hands £317. 18. 2 due from them for Interest Money & they were 
also & yet are further accountable for the sum of £27. 10. 9 Interest 
Money & £13. 5/ for putting in Suit as by their Accompt pass'd the 
10* of December 1723, The sum of £151. 7 of the principal Money 
being in their Hands & not let out ; 

[Read and Accepted and] 

Resolved that upon the Commissioners the Accomptants their Pay- 
ing to or properly accounting with the Treasui'er of the Province for 
the three last Articles, Amounting to the sum of Three hundred & fifty 
eight Pounds thirteen shillings & eleven pence, the said Commissioners 
be & hereby are so far discharged of these two Accompts in the sev' 
Articles thereof. \_Passed January 26. 



Legislative 
Eecords of the 
Council, xiv., 
2S^ 

House .Tour- 
nal, p. 85. 
Ante, p. 46, 
chap. 11.3. 
Supra, chap. 
143. Infra, 
chap. l45. 



CHAPTEE 144. 

RESOLVE ACCEPTING THE ACC^ OF THE COMMISS"^ OF THE £100,000 
LOAN FOR THE CO. OF BARNSTABLE. 

An Accompt of the Commissioners of the £100,000 Loan for the 
County of Barnstable, beginning the 13"^ of Febry. 172Vj, & ending 
Febry. 13. 17276- 

It appearing by the said Accompt that the said Commissioners have 
charged themselves with £22. 8. 6 remaining of Interest Money in their 
hands in their last Accompt, presented to and allowed by the General 
Court at their Session in May 1726, & that they have received of sun- 
dry Persons for Interest of the said Loan the said year the sum of £301. 
19. 9 together with the above £22. 8. 6 that was remaining in their Hands 
of the last Accompt, Which makes the sum of £324. 8. 3 & have paid 
into the Treasury the sum of £294. 13. 5 & account for the remaining 
£29. 14. 10 as follows; viz, £16. 19. 10 their Due by Law £8 for Book 
Keeping, & £4. 15 remaining in their hands, which they are to paj' the 
Treasurer for, the sum of £30. 1 of the Interest outstanding which the 
said Commissioners are still accountable for; the sum of £335. 4. 10 
of the Principal Money being in their Hands & not let out ; 

[Read and Accepted and] 

Resolved that upon the Commissioners the Accomptants paying to 
or properly accounting with the Treasurer of the Province for the sum 
of Thirty four Pounds sixteen shillings, they be & hereby are so far 
discharg^ed of the said Accompt in the several Articles thereof. \_Passed 
January 26. 



CHAPTER 145. 

RESOLVE ACCEPTING THE ACC^s OF THE COMMISS^^ OF THE £100,000 
LOAN FOR THE CO. OF PLIMOUTH. 



Legislative 
Records of the 
Council, xiv., 
24. 

House Jour- 
nal, pp. 84, 85. 
Supra, chap. 
144. 



Two Accompts of the Commissioners of the £100,000 Loan for the 
County of Pl3^mouth, beginning Febry. 13. 172V5- & ending Febrv. 13. 
1727;. 

It appearing that the said Commission" have received of sundry Per- 
sons for Interest of the said Loan the said two years the sum of £401. 
4. 5 & have paid into the Treasury the sum of £361. 15. 1 and account 



[1st Sess.] Province Laws {Resolves, etc.). — \1 21 -2^. 279 

for the remaining sum of £39. 9. 4 as follows; viz, £23. 9. 4 their Due 
by Law£lGforBookKeeping; &£411. 11. 7 outstanding Interest Money, 
which they are still accountable for, & the sum of £798. 9. 10 of the Prin- 
cipal Money being in their Hands & not let out ; 

[Read and Accepted and] 

Resolved that upon the Commissioners the Accomptants paying to or 
properly accounting with the Treasurer of the Province for the sum of 
Four hundred & eleven Pounds seventeen shillings & seven pence the 
said Commissioners be & hereby are so far discliarged of the s'' two 
Accompts in the several Articles thereof. [Passed January 26. 



CHAPTEE 146. 

VOTE APPOINTING A COMMt^e tO PROVIDE FOR THE RECEPTION OF 

GOV BURNET. 

In the House of Represent^^' Rlfordsof the 

Voted that William Dudley, Elisha Cook Esq" M' Lewis, M' Gushing Council, xiv., 

& M"" Welles with such as the Hou"^"^ Board shall appoint be [a] Com- '^ 

mittee to provide for the handsom Reception of his Excellency Govern" ^^^^^f f^.^^' 
Burnet, when he shall arrive here : In Council ; Read & Coucur'd, Ante, p. 258, 

And William Tailer Nathaniel Byfield, Addington Davenport & Thomas ''^'''^- ^^^ 
Fitch Esq" are joined in the Affair. [^Passed January 26. 



CHAPTEE 147. 

RESOLVE ALLOWING £16 TO THE COMM™^ FOR EXAMINING THE ACC^ 
OF THE £100,000 LOAN. 

A Memorial of M'' Ezekiel Lewis, & John Wainwright, Jeremiah Legislative 
Allen & Henry Phillips Esq" Shewing that in the Year 1723, they were council^, xiv., 
appointed a Committee for examining the Accompts of the Commis- ^j. if/'Yg®"ci 
siouers of the £100,000 Loan, & that they have attended that Service 497 



ever since, & that they have been at much Pains therein ; Praying that Mass. 
this Court will make some proper Allowance for their Service therein. ^is*^'"House^'' 
Read and in Answer to this Memorial j'oiirnai,_^p. 36 

Resolved That the SuiS of Sixteen pounds be Allowed and paid out p.iol.' '" 
of the publick Treasury to M'' Ezekiel Lewis to be by him repaid to 
the said Committee to whom it is due agreable to their respective Ser- 
vices. ^Passed January 26. 



CHAPTEE 148. 

RESOLVE IMPOWERING CAP^ JAMES GRANT TO BUILD A TRUCK HOUSE 

ON SACO RIVER. 

Resolved That Cap' James Grant be directed and impowred to Erect Legislative 
and finish the Truck House this Court have Voted to be built on saco councif, xfv?^* 
River in their present session in the i^lace agreed on and According to '^^ M^''^^(f' 
the Dimensions in the plann annexed to the said Vote, And the better cxix., sie'. 
to enable the said Grant to go on with the said Work that the Sum of House Jour- 



280 



Province IjAVf & {Eesolves, etc.) . — 1727-28. [Chaps. 149-152.] 



nal, p. 102. 
Ante, p. 338, 
chap. 47. 



One Hundred and Fifty pounds be Advanced and paid out of the pub- 
lick Treasury to him for which he is to be Accountable, and that he lay 
an Accompt of the Cost & Charge of Erecting the said Truck House 
before this Court for Allowance. [^Passed January 26. 



CHAPTER 14:9. 



RESOLVE ALLOWING £3. 8 TO BENJ'^ ROLFE. 



Legislative 
Records of the 
Council, xiv., 
25^ 

House Jour- 
nal, p. 102. 
Ante, p. 270, 
chap. 125. 



An Accompt presented by Benjamin Rolfe of Writing done for the 
Publick since his last Accompt, Amounting to the sum of £3. 8. 7. 

[Read and] 

Resolved that the sum of Three Pounds eight shillings ^ be allowed 
& paid out of the publick Treasury to the Accomptant Benjamin Rolfe 
in full discharge thereof. \^Fassed January 26. 



CHAPTER 150. 



RESOLVE ALLOWING £11 TO D^ PET. CALIFF. 



Legislative 
Records of the 
Council, xiv., 
26. 

House Jour- 
nal, p. 81. 



An Accompt presented by Peter Califlf, Apothecary, of sundry Medi- 
cines taken up by D' Henry Blaisdel for the publick Service in the 
Year 1725, Amounting to the sum of £12. 2. 3. 

[Read and] 

Resolved that the sum of Eleven Pounds be allowed & paid out of 
the publick Treasury to the Accomptant D' Peter Califf in full discharge 
thereof. [^Passed January 29. 



CHAPTER 151. 



RESOLVE ALLOWING £9. 12. 6 TO REB. HOLMES. 



Legislative 
Records of the 
Council, xiv., 
32^ 

Legislative 
Records of the 
Council, xiii., 
400. House 
Journal, p. 103. 



An Accompt presented by Rebecca Holmes of entertaining the Com- 
mittees of the Court, together with a sum cut off from her Accompt of 
entertaining the Lieuten' Governor &c, on the Day the King was pro- 
claimed, Amounting in the whole to £9. 12. 6. 

[Read and] 

Resolved that the sum of Nine Pounds twelve shillings & six pence 
be allowed & paid out of the publick Treasury to the Accomptant 
Rebecca Holmes in full discharge thereof. [^Passed January 30. 



CHAPTER 152. 

VOTE ALLOWING CPT. JER. MOULTON 12 MONTHS IN WHICH TO LAY 
OUT 100 ACRES LAND. 



Legislative 
Records of the 
Council, xiv., 
32. 



Upon a Motion made at the Instance of Cpt. Jeremiah Moulton, & 
seconded by many of the Members, That the Time limited for the lay- 
ing out the Hundred Acres of Land granted him the 28"" of Xovem"" 

> The House Journal reads, £3. 8. 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28.- 281 

1726, may be protracted for one year, He not as yet having found a House Jour- 
convenient Spot to lay out the said Grant in ; Ante, p. vo, 

Voted that twelve Months more be allowed to the said Cpt. Jeremiah c^^ap. i83. 
Moulton to lay out the said One hundred Acres of Land in the County 
of York Agreable to the former Order, the Time therein limited not- 
withstanding. \_Passed January 30. 



CHAPTER 153. 

RESOLVE ALLOWING £17. 13 TO EDW^ WINSLOW ESQR. 

An Accompt presented by Edward Winslow Esq'' of sending Proc- Legislative 
lamations, Writs for Calling a General Assembly, together with the counciT.xiv.,^ 
Treasurers Warrants into the other Counties, Amounting to the sum ^^ 



of £33. 13. House Jour- 

rrt 1 A■^ nal, p. 43. 

[Read and] 

Resolved that the sum of Seventeen Pounds thirteen shillings be 
allowed & paid out of the publick Treasury to the Accomptant Ed- 
ward Winslow Esq"" in full discharge thereof. [Passed January 30. 



CHAPTER 154. 

VOTE ALLOWING £40 TO CPT. JOS. KELLOG. 



A Memorial of Cpt. Joseph Kellog, Setting forth that whereas he Legislative 
is appointed by his Honour the Lieuten' Governor to pi'oceed to Canada councff, xivll^ 
on the Message of this Governm' & he is informed he is to have Letters 33- Mass. 
of Credit for his Supply upon his Arrival at Quebeck & Mont Real he xivi., 36. ' 
will have occasion for Money to defray his Charges till he can have Mass. 
the benefit of his Letters of Credit, And therefore Praying that such Archives, 
sum may be allowed to him as is necessary for purchasing Gold for Ante, p. '2:3, 
that Service. *='^^p- i^^' 

Read & 

Resolved That the sum of Forty pounds be allowed and paid out of 
the publick Treasury to the Memorialist Joseph Kellogg to Enable him 
to purchase proper Coine in order for his paying for subsistence for him- 
self and Men before his Letters of Credit take place the said Kellogg to 
be Accountable for said sum.^ [Passed January 30. 



CHAPTER 155. 

VOTE APPOINTING A COMMITTEE ON THE PETITIONS OF JOS-*^ WILLARD 
& THO. HARE &c OF TURKEY HILLS. 

A Petition of Josiah Willard, Edward Hartwell & Beniamiu Good- ^^^'^^^"^^ 

Kccorcls or tuc 

rich in behalf of them selves & a considerable Number of the Inhabi- councii, xiv., 

tants of the South Town in Turkey Hills, Praying that this Court would '^ 

appoint a Committee to state a Place for erecting a Meeting house there, ^^^^^ i2^^- 

as also the Dimensions necessary for the said Meeting house, And Ante, '-p. i&j, 

A Petition of Thomas Hare,- John Calif, & divers others Inhabitants '^^'^p- ^^°- 

> Not found in the House Journal. 
8 " Hale," in the House Journal. 



282 



Province lJ^^\^ {Resolves, etc.) . — 1727-28. [Chaps. 156, 157.] 



also of the said South Town in Turkey Hills, Praying that the Meeting 
house thei'e may be set in the Place ordered by the Committee for the 
said Town, & that their Acts referring to the same may be confirmed. 
In the House of Represent'''' Read & In answer to these two Petitions, 
Voted that Cpt. Pxlward Goddard & Cpt. Henry Rolfe with such as 
shall be appointed by the Hon""'" Board be a Committee to repair to the 
South Town in Turkey Hills, & view the Situation thereof & consider 
the Circumstances of the Inhabitants & make Report of a suitable Place 
for erecting a Meeting house & the Dimensions thereof. And that in the 
mean time the Inhabitants do not raise the House. 

In Council ; Read & Concur'd ; And John Chandler Esq"' is joined in 
the Affair. \_Passed January 30} 



CHAPTEE 15G. 



VOTE ABOUT THE GRANT TO M« JOHN COLLINS. 



Legislative 
Records of the 
Council, xiv., 
34. 

Ante, p. 110, 
chap. 289. 



Whereas the General Court of the late Colony of the Massachusets 
Bay Anno 1683, granted to the Rev*^ M' John Collins of London Five 
hundred Acres of Land, which was laid out near a Place called Quine- 
tusset, And afterwards ; viz June 30. 1705. On the Petition of M' Francis 
Collins Son of the said M'' John Collins the former Survey not being to 
be found, the Court ordered a new Survey of Five hundred Acres in Lieu 
of the Ih'st Grant, which accordingly was made, & a Plat presented & 
confirmed Anno 1707; And upon settling the Colony Line between the 
Massachusets & Connecticut the first Surve}' & Grant falling on the 
South side of the said Line ; & for which an Equivalent has been allowed 
the said Colony of Connecticut ; And the said Five hundred Acres of 
Right belonging to this Province ; 

^Voted that William Dudley Esq'' Major John Chandler &, W Edward 
Shove (any two of whom to be a Quorum) be a Committee,- & they are 
hereby authorized & impowered to apply to the Governm' of Connect- 
icut for anj' further or other Confirmation of the said Lands & inquire 
into the Nature»& Value of the same, & make Report of their Doings 
herein to this Court at their next May Session.^ \_Passed February 14. 



CHAPTER 157. 



ORDER IMPOWERING SAM'- GARDNER TO FILE A COMPLAINT. 



Legislative 
Records of the 
Council, xiv., 
34^ 

House Jour- 
nal, p. 111. 



A Petition of Samuel Gardner of Boston Taylour, Shewing that at 
the Inferior Court held at Boston for the County of Suffolk in April last, 
he recovered Judgment against John Savil of Boston afore said for the 
sum of £20. 19 Damage & Cost, From Avhich Judgment the said Savil 
appealed to the then next Superior Court but neglected to prosecute 
his Appeal, that the Petitioner by reason of his Ignorance in the Law 
omitted to file his Complaint, Praying that he may be allowed to file 
the same at the next Superior Court of Judicature for the County of 
Suffolk, & that the Judges may make up Judgment accordingl}'. 

Read «fe 

Ordered that the Prayer of the Petition be granted, &, the Petitioner 

> Adjourned to February 14. See Les;islative Records of the Council, xiv., 33. 
» The committee appointed in 1726-^7, p. 110, chap. 289, apparently made no report; 
hence probably the present action. 
3 Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves, etc.). — 1721-28. 283 

is accordingly impowered to file his Complaint at the Superior Court 
of Judicature for the County of Suffolk now sitting at Boston, & the 
Justices of the said Court are authorized & directed to make up Judg- 
ment thereon ; Any Law, Usage or Custom to the contrary notwith- 
standing. IFassed February 14. 



CHAPTER 158. 



ORDER REFERRING THE QUESTION OF THE BOUNDARY OF THE PROV- Legislative 

INCE OF MAYN TO THE NEXT MAY SESSION. Comfcif xU**^* 

35. 

Ordered that the Affair of running the Line on the Boundary of the Le„jgiative 
Province of Mayn be refer'd to the next May Session.^ \ Passed Feb- Records of the 

-I c Council, xiv., 

mary 15. 35. Ante, p. 211, 



chap. 128. 



CHAPTER 159. 



ORDER IMPOWERING THE TRUSTEES FOR THE HASSANIMISCO INDIANS 
TO PAY INTEREST AND ADVANCE MONEY FOR THE SUPPORT OF 
INDIAN PROPRIETORS. 

A Memorial of Spencer Phips Esq"' Cpt. Edward Goddard & Cpt. Legislative 
Ephraim Curtis, Setting forth divers Difficulties they are under in their council, xiv., 
Business as Trustees for the Indian Proprietors of Hassauimisco for i^ 



want of further Power, Praying the Direction of this Court. Mass. 

Atcdivgs 

Read & In Answer to this Memorial, cxiii., 749. 

Ordered that the Memorialists be & hereby are impowered to pay ^^Trf n°6^" 
any part of the Interest Money that the Purchasers of the Hassani- Ante, p. -233, 
misco Lands may be willing to advance for the necessary Relief & *^^''*p-^^- 
Support of such of Indian Proprietors as are indigent & necessitous 
& unable to provide for them selves ; And in case any of the forty 
Petitioners by Death or otherwise should fail of executing the Bonds 
for performing the Conditions of their Purchase of the the- said Lands, 
that then & in such Case the Committee shall with the Consent of the 
Petitioners admit some other Persons in their room whom they shall 
judge proper, to undertake the said Settlement ; And the said Persons 
so to be admitted shall each of them pay a fortieth Part of the Charges, 
which the Petitioners have expended in the Affair, w"^*^ shall be repaid 
to the Persons who have advanced the same, in whose room they are 
admitted or the legal Representatives of such as are deceased. \^Passed 
February 16. 

CHAPTER 160. 

ORDER ON THE PETITION OF THE WIDOW & HEIRS OF JN" CHARNOCK 

DEC!'. 

A Petition of Theophilus Burrill & Hannah his "Wife late "Widow Legislative 
of Cpt. John Charnock Dec*^ (as she is Guardian to "William Charnock, coundf x^iv*^^ 
a Minor, one of the Sons of the said John Charnock,) John Charnock 4i. 
the eldest Son, Samuel Greenwood & Mary his "Wife, & Thomas Lee House Jour- 
Jun-" & Elisabeth his "Wife, which Mary & Elisabeth were Daughters '^'^^' v- ^i"^- 
of the Deceased, Shewing that the said John Charnock died seized of 
Lands at Rutland & Dunstable in the County of Middlesex as well as 

' Not found in the House Journal, 
a Sic. 



284 Province Laws (i?eso^ves,ete.). — 1727-28. [Chaps. IGl, 1G2.] 

in Boston in the County of Suffolk Praying that the Freeholders ap- 
pointed according to Law to make a Division of the Real Estate in the 
County of Suffolk may be impowered to make a Division of the Lands 
in Middlesex also. 

Read & 

Ordered that the Prayer of the Petition be granted, & the Freeholders 
which are ordered appointed according to Law in the County of Suffolk 
are hereby impowered & directed to proceed accordingly ; Any Law, 
Usage or Custom to the contrary notwithstanding. \_Passed Febru- 
ary 1 6. 

CHAPTER 161. 

ORDER APPOINTING A COMMITTEE ON THE TAUNTON SELECTMENS 

PETITION. 

Record^ofthe ^ PETITION of the Select men of the Town of Taunton, Setting 

Council, xiv., forth the distressed State of the said Town by the Designs of a great 

ArcMveT,' Number of People to obtain a Division of the said Town into three 

cxiii., 752'. Precincts, which will be ruinous to the whole Place, And therefore 

Mass. Praying the Court to reconsider their Votes on two Petitions for new 

^x^lKi, 753. Precincts in Taunton pass'd this Session and that they would dismiss 

House Jour- i]^q said Petition. 

nal, pp.117, 118. -r ^, ., 

Ante, y>. 257, In CounCll, 

Chap. 92. Read & The Board taking into Consideration the distress'd State of 

the Town of Taunton as appears by this & the other Petitions from the 
said Town preferred to this Court at their present Session, And Appre- 
hending it necessary to apply some speedy Method for their Relief ; 

Ordered that Nath" Byfield, John Cushing and Samuel Thaxter 
Esq™ with such as the Hon'''^ House of Representative[s] shall appoint 
be a Comm"'' to repair to the Town of Taunton, That they carefully 
view the Scituation & Circumstances of the Inhabitants in the several 
Parts thereof. And that they report to this Court in their next May 
Session their Opinion of what may be proper for the Court to do iu 
Answer to two Petitions presented at this Session for separate Pre- 
cincts in the s** Town ; The former Order of this Court on the said 
Petitions Notwithstanding ; The Charge of the Committee to be born 
as this Court shall Order 

And the said Petitioners for separate Precincts in the said Town of 
Taunton are required at their Peril not to proceed in Cutting or draw- 
ing of Timber or any other Preparations for Building Meeting Houses 
in the said Town till the further Order of this Court 
In the House of Representatives 

Read and Concurd and 

Ordered That Major Quincy & Major Turner be Joined in the Affair. 
[_Passed February 17} 



CHAPTER 162. 

ORDER SUSPENDING EXECUTION AGAINST JOS. PRIEST & REFERRING 
THE CASE TO NEXT MAY SESSION. 

Records^of the ^ PETITION of Joseph Priest of Watertown Praying that he may be 
Council, xiv., allowed (by an Order of this Court) a new Trial of a Cause between 
Jonas Smith & Jonas Cutting & the Petitioner, tried at the last Supe- 

> This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 16. 



42 



[1st Sess.] Province Laws {Resolves, etc.). — 1727-28. 285 

rior Court for the County of Middlesex, one of the Jury being nearly House Jour- 
related to one of the other Parties, and for other Reasons in the said ^^ ' ^'' 
Petition particulary mentioned. 

Read & 

Ordered that the Petitioner serve the adverse Parties with a Copy 
of this Petition, that so they may give in their Answer thereto (if they 
think fit) on the first Tuesday of the next May Session ; & in the mean 
time that Execution against the Petitioner on the Judgment mentioned 
be suspended ; Any Law Usage or Custom to the contrary notwithstand- 
ing. \_Passed February 19. 



CHAPTER 163. 

ORDER ON PETITION OF STEPH. PEABODY & JON^ TYLER FOR MAKING 
A BOOM ACROSS THE MERRIMACK RIVER. 

A Petition of Stephen Peabody & Jonathan Tyler iu behalf of the Legislative 
Town of Boxford Praying for Liberty from this Court to make a Boom councif, xiv.,^ 
across Merrimack River for the stopping & securing the Timber, which ^;.pjf/4^|' ^y 
is cut in the upper Towns on the said River, for building Ships and i2o. 
other uses, great Quantities of which are driven to Sea every year by Mass. 
stormy Weather to the very great Damage of the Owners. ^r'^House^" 

In the House of Representatives Journal, pp- 

Read and ^^^' ^^'• 

Ordered That the prayer of the Petition be granted, and that the 
Memorialists be allowed to run a Boom across the River Merry mack 
between Gages Ferry and Griffins Ferry, provided. That the Towns or 
proprietors of the Lands next Adjoyning to the River where the Boom 
runs across the same are consenting thereto 

In Council Read & Non Coucur'd And 

Ordered that the Petitioners serve all the Towns lying on Merrimack 
River with Copys of this Petition, That so they may give iu their An- 
swer thereto (If they see Cause) on the second Wednesday of the next 
May Session : 

In the house of Representatives Read And Non Coucur'd and the 
House adhere to their own Vote with an Amendment viz"^ provided 
also that the Towns above the place proposed for the Boom & border- 
ing upon the River be willing thereto, and Signifie the same by Vote 
in their Anniversary Meeting in March next 

In Council Read & Coucur'd. [Passed February 19. 



CHAPTER 164. 

ORDER OF NOTICE ON THE PETITION OF JN^ VINTON & DAVID GOLD 
IN REGARD TO FLOWING LANDS. 

A Petition of John Vinton & David Gold Praying that this Court Rlfordg^Jf^the 
would order a new Trial of an Action between them & Timothy Sprague Council, xiv., 
Adminisf to Dorothy Sprague, respecting the Overflowing of Lands in ArcMves^xii., 

which they are interested by raising & stopping the Water in Spot Pond ; S9^ 

which Action was bar'd on the Account of an Action formerly brought Legrisiative 
against Edward Sprague by the Agents of the Town of Charlestown. councu! xfv.^'e. 

Read and Mass. ' ' 

___ A.rctllVGB xli* 

Ordered That the petitioners Serve Timothy Sprague the Adverse 87. House 

Journal, p. 118. 



286 



Province Laws {Resolves, etc.). — 1727-28. [Chaps. 165, 166.] 



Legislative 
Records of the 
Council, xiv., 
45. 

House Jour- 
nal, p. 117. 



party with a Copy of this petition that he shew Cause if Auy he hath 
ou the second Wednesday of the next May Session why the prayer 
thereof should not be granted.^ [^Passed February 19. 



CHAPTER 165. 

ORDER IMPOWERING ELISABTh LYNDSEY & OTHERS TO MAKE PARTI- 
TION OF AN ESTATE. 

A Petition of Elisabeth Lyndsey Administ" with the Will annexed 
to her late Husband Eleazar Lyndsey Dee'' Sarah Smith for her self & 
as Attorney to her Husband Ralph Smith, Samuel Trask & Elisabeth 
his Wife, Joseph Boyle & Content his AVife, Eleazar Lyndsey a Minor 
by his Guardian John Trask, & Lydia Lyndsej' by her Guardian Sam- 
uel Aborne, the said Sarah, Elisabeth, Content, P^leazar & Lj-dia being 
the only surviving Children of the said Eleazar Lyndsey Dec'' Praying 
that the Guardians of the said Minors may be enabled with the other 
Children to enter into an Agreement with the said Widow for her Part 
of the Real Estate of the Deceased ; & that some suitable Persons may 
be appointed to divide the said Estate into five equal Parts, that so Jus- 
tice may be done to the Infants, & the other Petitioners may know their 
own Parts in Order to improve the same to their best Advantage 

Read & 

Ordered that the Prayer of the Petition be granted, & that M"^ Eben- 
ezer Burrill, Benjamin Marston Escf M"^ Thomas Chever, M' John Hig- 
ginson, & Daniel Epes Esq"^ (five Freeholders in the County of Essex) 
be & hereby are fully authorized &, impowered to make Partition of the 
Estate within mentioned upon Oath first setting off to the N'alue of One 
hundred & fifty Pounds of the said Lands to Eleazar Lyndsey the Minor 
in Order to the Petitioners holding their respective & proportionable Parts 
in Severalty ; & that they also return an Account of their Proceedings 
herein to the Register of Deeds Office for the County of Essex, who 
is accordingly directed to record the same at the Petitioners Charge. 
[^Passed February 20. 



CHAPTER 166. 



Legislative 
Records of the 
Council, xiv., 
45. 

House Jour, 
nal, pp. 116, 121. 



ORDER IMPOWERING THOMAS GUSHING JR. AS ATTORNEY TO JOS. 
THOMSON TO SURVEY AND LAY OUT 500 ACRES OF LAND. 

A Petition of Thomas Gushing Jun"^ Attorne}' to M' Joseph Thomson 
of London one of the Heirs of Major Robert Thomson Dec'' Prajnng that 
a Committee may be appointed to la}' out Five hundred Acres of Land 
granted by the General Court of the late Colony of the INIassachusets 
Bay in the Year 1G83, to the said Major Thomson & his Heirs, that so 
the same may be confirmed to them b}' this Court. 

Read & 

Ordered that the Prayer of the Petition be granted ; And the Peti- 
tioner is accordingly allowed & impowered b}'^ a Survej''" & Chain men 
on Oath to lay out Five hundred Acres of the unappropriated Land of 
this Province in the Nipmug Countrey and that he return a Plat thereof 
to this Court within twelve months for Confirmation &. satisfying this 
Grant, Provided it has not been before laid [out] - or exceed the Quan- 
tity of Five hundred Acres. \_Passed Februai-y 21. 

1 On June 5, 1728, this petition was again considered and dismissed. 

8 Inserted from the State Library copy, Legislative Records of the Council, xiv., 52. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1727-28. 287 



CHAPTER 167. 

RESOLVE ALLOWING 25/ TO JOS. MARION. 

An Accompt presented by Joseph Marion of Writing clone for the Legislative 
Publick, Amounting to Twenty five shillings. Suncu. xh-!',*^ 

[Read and] ^ 



Resolved that the sum of Twenty five shillings be allowed & paid out House .Jour- 
of the publick Treasury to the Acconiptant Joseph Marion in full Dis- °^ > p- 
charge thereof. [^Passed February 21 . 



CHAPTER 168. 

RESOLVE ALLOWING £7. 12. 6 TO SAM'' TYLEY. 

An Accompt presented by Samuel Tyley of Writing done for the Legislative 
Publick, Amounting to the sum of £7. 12. 6. crimen" xiv!",^ 

[Read and] 46. 

Res[or\ved that the sum [of]^ Seven Pounds twelve shillings & six House Jour- 
pence be allowed & paid out of the publick Treasury to the Accomptant °'^^' P" ^^^' 
Samuel Tyley in full discharge thereof. \_Passed February 21. 



CHAPTER 169. 

RESOLVE ALLOWING £400 TO THE L^ GOV^'. 



Resolved that the sum of Four hundred Pounds be allowed & paid out R^f^^'^^^^l^v. 
of the publick Treasury to His Honour William Dummer Esq"" Lieuten' council, xiv., 

Governor & Commander in Chief of this his Majestys Province for ^ 

his support, & to enable him to manage the Affairs of the Goverum*. ^°"^M22^'^' 
\_Passed February 21. ' . • • 



CHAPTER 170. 



RESOLVE ALLOWING £300 TO THE JUDGES. 



Resolved that the sum of Three hundred Pounds be allowed & paid p®^^^j^*^^ffu 
out of the publick Treasury to the Hou''''^ the Justices of his Majestys council, xiv., 
Superior Court of Judicature &c in proportion to the Courts they have f^ 



attended the last half year. \_Passed February 21. ^T^^f^T^ 



nal, p. 122. 



CHAPTER 171. 



RESOLVE ALLOWING £70 TO THE SECRY AND A FURTHER SUM OF £30. 

Resolved that the sum of Seventy Pounds be allowed & paid out of Legislative 
the publick Treasury to Josiah Willard Esq"' Secretary of this Province councif, xiv.,^ 
for his Service the last Half Year, & that the further sum of Thirty i^: 

' Inserted from the State Library copy, Legislative Records of the Council, xiv., 52. 



288 



House Jour- 
nal, p. 122. 



Province Laws {Besolves, etc.) . — 1127-28. [Chaps. 172-176.] 

Pounds be allowed & paid out of the publick Treasury to the said 
Josiah Willard in consideration of the publick Affaii'S at this time 
calling for sundry things to pass that Oflice necessarily requiring a 
more strict Attendance from him to effect those Matters, many of 
which have no stated Fee or Allowance. [Passed February 21. 



Legislative 
Records of the 
Council, xiv., 
46. 

House Jour- 
nal, p. 122. 



Legislative 
Records of the 
Council, xiv., 
46. 

House Jour- 
nal, p. 123. 
Jnfra, chap. 
174. 



CHAPTER 172. 

RESOLVE ALLOWING £50 TO THE TREAS«. 

Resolved that the sum of Fifty Pounds be allowed & paid out of the 
publick Treasury to Jeremiah Allen Esq' Treasurer & Receiver General 
of this Province for his extraordinary Services therein this present Year. 
[Passed February 21 . 



CHAPTER 173. 

RESOLVE ALLOWING £50 TO THE CLERK OF THE HOUSE. 

Resolved that the sum of Fifty Pounds be allowed & paid out of the 
publick Treasury to John Wainw right Esq"" Clerk of the House for his 
Service the Year Currant. [Passed February 21. 



CHAPTER 174. 



Legislative 
Records of the 
Council, xiv., 
47. 

House Jour- 
nal, p. 123. 
Supra, chap. 
173. 



RESOLVE ALLOWING £20 ADDITION'- TO THE CLERK OF Y^ HOUSE. 

Resolved that the sum of Twenty Pounds be allowed & paid out of 
the publick Treasury to John Wainwright Esq' Clerk of the House 
for his Trouble in transcribing the Votes for the Press. [Passed Feb- 
ruary 21. 



CHAPTER 175. 



RESOLVE ALLOWING £25 TO THE CHAPLAIN OF THE COURT. 



Legislative 
Records of the 
Council, xiv., 

47^ 

House Jour- 
nal, p. 123. 



Resolved that the sum of Twenty five Pounds be allowed & paid out 
of the publick Treasury to M' Ezekiel Lewis, to be by him repaid to the 
Rev'' M' Samuel Checkley Avho has officiated as Chaplain of both Houses 
during the whole of the Sessions this Year with the Thanks of the Court 
for his good Services. [Passed February 21. 



CHAPTER 176. 

RESOLVE ALLOWING £60 TO THE DOOR KEEPER. 



Legislative 
Records of the 
Council, xiv., 
47. 

House Jour- 
nal, p. 123. 



Resolved that tlie sum of Sixty Pounds be allowed & paid out of the 
publick Treasury to M' Richard Hubbard Door keeper to this Court 
for his Service half a year, which determined the nineteenth Instant. 
[Passed February 21. 



[1st Sess.] Province Laws (i?eso?yes, e^c.). — 1727-28. 289 



CHAPTEK 177. 

VOTE FOR NEW SIGNERS OF THE BILLS OF CREDIT. Legislative 

Records of the 
Council, xiv., 

Voted thut Elisha Cook & William Dudley Esq" be added to the J'- 
Connnittee appointed to sign the Bills of Credit on this Province in House Jour- 
the room of Peun Towusend Esq'' Dec" & John Clark Esq'' the said provim-f " 
Committee to be paid for their Service as heretofore. \^Passed Feb- Laws, ix., 70, 
ruary 21. 273, chai'i. 331. 

Infra, chap. 

178. 

CHAPTER 178. 

RESOLVE DIRECTING £20,000 IN BILLS OF CREDIT TO BE MADE. 

Resolved that the Committee appointed by this Court for signing Bills Legislative 
of Credit be & hereby are directed to print off & finish in Bills of Credit counc'if, xIv!!® 

on this Province as soon as may be the sum of Twenty thousand Pounds, ^ 

Seventeen thousand Pounds, Part thereof from the Plate of the highest House .Jour- 
Denomination, Two thousand Pounds, Part thereof from the Plate of province*' 
the middle Denomination, That the Committee be also directed to put Laws, w. 486, 
some plain Mark to distinguish the Ten shilling Bills which shall now 177. ' 
be struck off from those already issued ; & One thousand Pounds the 
Residue & remaining Part thereof from the Plate of the lowest Denom- 
ination, & deliver the same when finished to the Treasurer, taking his 
Receipt for them ; The said Committee to be paid for their service as 
for the Bills last made, & the Bills to be issued out as this Court shall 
order. [^Passed February 21 . 



CHAPTER 179. 

RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER. 

Resolved that there be allowed and paid out of the publick Treasury Legislative 
after the rate of Four shillings per Diem for every Day of the present councif xiv!^^ 
Session of this Court, upon Certificate from the Clerk of the House, to ^~- 
the Hon''''^ William Dudley Esq'' Speaker in consideration of his constant House Jour- 
Application in dispatching the publick Affairs of the Province. [^Passed ^^^' ^" ^"^' 
February 21. 

CHAPTER 180. 

RESOLVE FOR A PRESENT TO THE INDIANS. 



In consideration of that part of Cpt. Gyles s Letter to his Honour Legislative 

civ., 



the Lieuten' Governor which relates to making Presents to some of the councif, xh^^^ 



Eastern Chiefs of the Indian Tribes 

Resolved that M'' Treasurer be directed to furnish one Piece of Strouds, Legislative 
half a Barrel of Pistol Powder, one hundred & fifty Pounds of Shot & coundf, xn*'!',^ 
one fine Blanket, & send the same to Cpt. John Gyles, to be be ^ him 4*'i- 
distributed among the Indian, Chiefs, & agreable to his Advice in his 
Letter above mentioned.- \^Passed Febi'uary 21. 

' Sic for "by." See State Library copy. Legislative Records of the Council, xiv., 54. 
' Not found in the House Journal. 



290 



Province Laws (7?eso^ves, ete.). — 1727-28. [Chaps. 181-183.] 



Legislative 
Records of tlie 
Council, xlv., 
4k 

Legislative 
Records of tlie 
Council, xiii., 
502, 508; xiv., 
25. House 
Journal, p. 123. 
Ante, p. 212, 
chap. 215. 



Legislative 
Records of the 
Council, xiv., 

48^ 

House Jour- 
nal, p. 121. 



CHAPTEE 181. 

VOTE FOR A COMM^rE FOR RETRIEVING THE VALUE OF THE BILLS. 

In the House of Represent™' 

Voted that William Dudley & Elisha Cook Esq" M'' Thomas Gushing 
M"^ Ezekiel Lewis, jVI"' Samuel Welles & Jonathan Remington Esq'^ with 
such as the Hon'"''' Board shall appoint be a Committee in the Recess of 
the Court, to receive & consider any Scheme or Projection for retriev- 
ing the Value of the Bills of Credit or for making suitable Provision 
for a Medium of Trade for the Inhabitants of this Province, And the 
said Committee are fully authorized to take Subscription of any Per- 
sons for the Fulfilment of such Scheme or Schemes ; & make Report 
of what is proper for this Court to do thereon. 

In Council ; Read & Concur'd ; & Nathaniel Byfield, Addington Dav- 
enport, Thomas Hutchinson, Thomas Fitch, Edmund Quincy & Jona- 
than Belcher Esq" are added to the Committee on the Affair above. 
\_Passecl February 21. 



CHAPTER 182. 

ORDER LOCATING A MEETING HOUSE IN MALDEN, 

A Petition of Daniel Floyd, Samuel Mower & sundry others Inhabi- 
tants of the Town of Maiden, Shewing that the said Town at a fleeting 
of the Inhabitants regularly assembled on the seventeenth of November 
last chose a Committee to fix a Place for setting the Meeting House on 
for the publick Worship of God in the said Town, & that the said Com- 
mittee did unanimously agree that the said Meeting house should be set 
between Lewis's Bridge & the Pound on the West Side of the Country 
Road on a Piece of Land lately staked out, Praying the Order of this Court 
for confirming the said Place for erecting the said Meeting house on 

Read & In answer to this Petition, 

Ordered that the Determination of the Committee therein mentioned 
respecting a Place for erecting a new Meeting house in Maiden the 27"^ 
of December last directed & delivered to the Select men or some of them, 
or an other of the same Teuour signed & attested by the same Committee 
January 12. 1727, be received & recorded in the Town Book of the Town 
of Maiden, & be to all Intents and Purposes obligatory on the said 
Town, Pursuant to the Vote bearing Date the 17"' of November last. 
\^Passed February 21 . 



CHAPTER 183. 



Legislative 
Records of the 
Council, xiv., 
49. 

House Jour- 
nal, p. 123. 
Province 
Laws, 11., 241, 
chap. 1. 



ORDER DIRECTING THE TREASURER TO PAY £19 FOR PREMIUM ON 
3 PIECES OF LINEN. 

A Petition of the Justices of the County of Bristol in their General 
Sessions of the Peace, Setting forth that, Pursuant to the Act for the 
Encouragement of the Linnen Manufacture, they ordered Payment out 
of their County Treasury to the Owners of the three best Pieces of Linen 
Cloth made in'the s'' County, & offered to the Sessions, the sum of Nine- 
teen Pounds at which the said Pieces were valued on Oath, That the 
Treasurer of the said County of Bristol sent his Certificate to the Prov- 



[1st Sess.J Province Laws {Remlves, etc.). — 1727-28. 291 

ince Treasurer that so he might repay the said sum accordhig to the 
Directiou of the said Act ; which the Province Treasurer refuses to do ; 
And therefore Praying that the Province Treasurer may be directed to 
repay the said sum. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Prov- 
iuce Treasurer be impowered & directed to pay out of the Publiclv Treas- 
ury the sum of Nineteen Pounds to the County Treasurer for the County 
of Bristol in full for the three Pieces of Linen made mention of. [Pa.ssecZ 
February 21. 



CHAPTER 184. 

ORDER GRANTING REBEC. COVEL A NEW TRIAL. 

A Petition of Rebecca Covel Praying that she may be enabled to Legislative 
prosecute an Appeal from a Judgment of the Inf eriour Court of Com- councir xiv!^* 
mou Pleas at Barnstable 172'Y4 in an Action of the Case by her com- ^9- 
menced against Joseph Lothrop of Barnstable Gent, alias Esquire for House -Jour- 
grievously & evilly iutreating her; Which Appeal she failed of prose- '^''^^' i^- *3- 
cuting at the then next Superior Court, because she wanted a Paper in 
the said Cause which was very necessary for her. 

Read & 

Ordered that the Prayer of the Petition be granted, & that it shall 
be lawful for the Petitioner to have a Trial of her Appeal from the 
Judgment of the said Inferior Court before the Superiour Court of 
Judicature to be held at Plymouth for the Counties of Plymouth Barn- 
stable & Dukes County on the last Tuesday of April next ; And the 
Justices of the said Superior Court are also hereby impowered & di- 
rected to hear the said Action on the Appeal, enter up Judgement, 
& award Execution accordingly. Provided the Petitioner notify the 
adverse Party Joseph Lothrop P^sq'' with a Copy of the Petition & 
Order thereon fourteen days at least before the Sitting of the said 
Superiour Court; Anj' Law Usage or Custom to the contrary not- 
withstanding. [Passed February 21. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1728-29, 



[293] 



LEGISLATIVE LIST' 

FOR 

I 7 28-29. 



The Honorable WILLIAM DUMMER, Esq., Lieut. Governor, 

Captain-General and Governor-in-chief, etc. \^iintil June 21, 1728^. 

His Excellency WILLIAM BURNET, 

Captain-General and Governor-in- Chief, etc. [from July 24, 1728']. 

JOSIA^H WILLARD, Esq., 
secretary of the province. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly called 
the Colony of the Massachusets-Bay ; 

William Tailer \ Paul Dudley 

Benjamin Lynd^ \ Samuel Thaxter 

Addington Davenport I John Turner 

Thomas Hutchinson ( Daniel Oliver 

Samuel Brown \ Esqrs. John Stoddard ) Esqrs. 

Thomas Fitch ( John Chandler 

Edmund Quincy \ Timothy Lindall 

Adam Winthrop I Charles Chambers 

Elisha Cook / Theophilus Burrill 

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

Nathaniel Byfield ) _ John Cushing 



Isaac Winslow ) ^^^^^- Meletiah Bourn ! ^^^^^• 

Of the Inhabitants of or Proprietor's of Lands within the Territory formerly called, 
the Province of Mayn; 

John Wheelwright, Joseph Hamjiond & William Pepperil, Junior, Esqrs. 

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

Spencer Phips, Esq. 

* See Legislative Records of the Council, xiv., 52-55. 
[295] 



29G Province Ijaws {Resolves, etc.). — 1728-29. [Representatives.] 

For the Province, at large : — 
Jonathan Dowse & Symonds Epes, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

May 29, 1728 to Ajyril IS, 1729. 



Mr. WILLIAM DUDLEY, Speaker. 



Boston, 



Roxbury, 

Dorchester, 

Brniilrey, 

Milloii, . 

Weymouth, 

Hinr/ham, 

Dedhani, 

Medficld, 

Mendon, . 

Wrentham, 

Brooklyn, 

Woodstock, 

Needhain, 



County ok Suffouc. 
. . Elisha Cook, Esq., 
Mr. Ezekiel Lewis, 
Mr. Thomas Ciishing, 
Mr. Samuel Welles. 

. William Dudley, Esq. 

. Major Thomas Tilestone. 

. John Quiney, Esq. 

. ]\Ir. Ephraim Tucker. 

. Mr. Gideon Terrill. 

. Mr. John Jacobs. 

. Mr. Joseph Ellis. 

. Mr. Henry Adams. 

. Mr. Daniel Taft. 

. Capt. Robert Blake. 

. Mr. Samuel White. 

. Major John Chandler. 

. Mr. Josiah Kingsberry. 



County of Essex. 
Salem, . . . Benjamin Marston, Esq., 

Benjamin Lynde, Jr., Esq. 
fysivich, . . . John Wainwright, Esq. 
Newbury, . . Major Joseph Gerrish. 
Ly7i, .... Mr. Ebenezer Burrill. 
Marblehead, . Joshua Orne, Esq., 
Mr. Samuel Stacey. 
Haverhill, . . Richard Saltoustal, Esq. 
Bowley, . . .Mr. John Hobson. 
Salisbti7'y, , . Mr. William True. 
Olocester, . . Mr. James Sayward. 
Andover, . . Benjamin Stevens, Esq. 
Topsfield, . . Capt. Joseph Gold. 
Bevei'ly, . . . Mr. Andrew Dodge. 
Wenham, . . Mr. William Fairfield. 
Boxford, . . .Mr. Joseph Hale. 
Bradford, . . Mr. Richard Kemball. 
Amesbury, . . Capt. John Foot. 

County of Middlesex. 
Cambridge, . . Jonathan Remington, Esq. 
Charlesiown, . Jonathan Dowse, Esq., 
Mr. Joseph Lemon. 



County of 

Watertown, . . 
Concord, . . . 
Neioton, . . . 
Sudbury, . . 
Marlborough, . 
Lancaster, . . 
Sherburn, . . 
Groton, . . . 
Framingham, . 
Chelmsford, 
Billerica, . . 
Woburn, . . . 
Beading, . . 
Maiden, . . . 
Lexington, . . 
Westo7i, . . . 
Worcester, . . 



Middlesex — Concluded. 
Mr. Xathan Fisk. 
Mr. John Flynt. 
Ebenezer Stone, Esq. 
Capt. Ephraim Curtis. 
Mr. Peter Rice. 
Mr. Josiali White. 
Mr. John D'Aeth. 
Mr. John Shipley. 
Capt. Edward Goddard. 
Mr. Benjamin Adams. 
Oliver Whiting, Esq. 
Capt. John Fowle. 
Capt. Kendal Parker. 
IVIr. Jonathan Sergeant. 
Mr. Benjamin Willington. 
Mr. Joseph Allen. 
Mr. William Jennison. 



County' /)f Hampshire. 



Spi'i7ig field, 
Northampton, 
Eadley, . 
Hatfield, . 
Westfield, 
Suffield, . 
Enfield, . 



Mr. Samuel Day. 
Mr. Ebenezer Wright. 
Mr. John Nash. 
Mr. John Dickenson. 
Mr. John Gun. 
Mr. .John Kent. 
Mr. Nathaniel Collins. 



County of Ply'mouth. 

Plymouth, . . Mr. John Foster. 

Scituate, . . . Major Amos Turner. 

Marshfield, . . IMr. John Little. 

Diixbury, . . Capt. John Alden. 

Bridgwater, . Capt, Isaac Johnson. 

Middleboro, . . Mr. Nathaniel Southworth. 

Rochester, . . Mr. Thomas Turner. 

Plimpton, . . Mr. Samuel Bradford. 

Pembroke, . . Mr. Elisha Bysby. 

County of Barnstable. 

Barnstable, . . Shubal Gorham, Esq. 

Yarmouth, . . Mr. Shubal Baxter. 



[Representatives.] Province luwwii {Resolves, etc.). — 1728-29. 297 



County of Baknstahle — Concluded. 
Sandwich, . . Ezra Bourn, Escj. 
Eastham, . . Mr, Samuel Knowles. 
Truro, . . . Mr. Thomas Payne. 
Harwich, . . Edmund Freeman, Esq. 



Cou 
Bristol, . . . 
Taunton, . . 
Stvanzey, . . 
Eehoboth, . . 
Little Co7n2)to7i, 
Dighton, . . . 
Tiverton, . . 
Dartmouth, . . 
Attleborough, . 



NTY OF Bristol. 
Nathaniel Payne, Esq. 
Seth Williams, Esq. 
Mr. Hugh Cole. 
Mr. Jathniel Peck. 
Thomas Church, Esq. 
Mr. Edward Shove. 
Mr. John Cook. 
Capt. John Akin. 
Capt. Joseph Brown. 



County of Bristol — Concluded. 
Norton, . . . Capt. Samuel Brentnall. 
Freetown, . . Mr. Samuel Valentine. 

County of York. 
York, .... Jeremiah Moulton, Esq. 

Kitterij, . . . Capt. Stephen P^astwick. 
Wells, . . . Mr. John Storer. 
Berwick, . . Mr Elisha Plaisted. 
Scarboru, . . Capt. Arthur Bragdon. 

Dukes County. 

Chilmark, . } -mt t, • • o •^i. 
' > Mr. Beniamm Smith. 
/,. . S ^ 

In the County of Nantucket. 



Tisbury, 

Ln 

Sherbiirn, 



. George Bunker, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-ninth Day of May, A.D. 1728. 



CHAPTER 1. 

ORDER ALLOWING THE ACC^ OF THE CO. TREAS^ OF HAMPSHIRE. 

An Accompt presented by Joseph Hawley Treasurer of the County Legislative 
of Hampshire for the last Year ; Having been Laid before the Court couucii^, x^v!)^ 
of General Sessions of the Peace for the s** County & by them exam- 56^ 

ined & allow'd, House Jour- 

Read & Accepted & ''^'' ^- ^■ 

Ordered that this Accompt be allowed. \^Passed May 31. 



CHAPTER 2. 

ORDER ALLOWING THE ACCt OF THE CO. TREAS^ OF PLYMOUTH. 

An Accompt presented by Cpt. John Dyer Treasurer of the County Legislative 
of Plymouth for the last year; Having by him been laid before the councKxU!!^ 
Court of General Sessions of the Peace for the s*^ County & by them "6- 
examined & allowed; House Jour- 

Read & Accepted & "^'' P' ^• 

Ordered that this Accompt be allowed. \_Passed May 31. 



CHAPTER 3. 

ORDER ON THE MEM" OF THE HASSANIMISCO COMMITTEE LAYING OUT 
PROPRIETORS' SHARES. 

A Memorial of Spencer Phips Esq"" Cpt. Ephraim Curtis, & Cpt. ^^^^isiative 
Edward Goddard Trustees for the Indians of Hassanimisco appointed council^ xiv., ^ 

by this Court, Setting forth that the former Committee in their Report ^^ 

on the Affair of Hassanimisco, which was accepted by this Court, in- House Jour- 
serted nine Proprietors, or Families belonging to the said Place, whereas Ante^l^.'ua,' 
in Fact thei'e are but seven. Praying for the Direction of this Court re- cbap'il^^'^^^' 
ferring to the Deeds or Conveyances to be made by the said Indians to 
the English Purchasers, & to the Disposition of the Purchase Money, 
& such other Advice in the Affair as is necessary. 

Read & Whereas notwithstanding a former Report of the Committee 
for Hassanimisco, In which the Number of nine Families is inserted 
making thirty two Persons (therein called Proprietors) It now appears 

[299] 



300 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 4-6.] 



to this Court, there are but seven Indian Families or Proprietors in 
Hassauimisco, 

Ordered that the present Committee or Trustees for Hassauimisco 
lay out seveu Proprietors Shares there and no more ; Any former 
Order of this Court notwithstanding. \_Passed May 31. 



CHAPTER 4. 



ORDER ALLOWING THE ACCT OF MIDDLESEX CO. TREAS«. 



Legislative 
Records of the 
Council, xiv., 
Sh 

House Jour- 
nal, p. 10. 



An Accompt presented b}^ Daniel Russell Esq'' Treasurer of the 
County of Middlesex ; Having been by him laid before the Court 
of General Sessions of the Peace for the said County and by them 
examined & allowed of 

Read & Accepted & 

Ordered that this Accompt be accepted. [Passed June 1. 



CHAPTER 5. 

VOTE INDEMNIFYING NATHi- PEASELY FROM COST & CHARGE IN A 

SUIT. 



Legislative 
Records of the 
Council, xiv., 
57^ 

House .Jour- 
nal, p. 10. 
Ante, p. -234, 
chap. 39. 



A Petition of Nathaniel Peasely of Haverhill one of the Under 
Sherifs of the County of Essex, Shewing that being lately at Ports- 
mouth in the Province of New Hampshire, he was arrested & held to 
Bail in the sum of Three hundred Pounds to answer to an Action of 
Trespass & Assault brought against him by one John Adams at the 
luferiour Court in said Province ; "Which Action was brought against 
him for executing his Office in removing the said Adams out of the 
Dwelling house of William ]\Iudget of Haverhill by the special Direc- 
tion of the General Court, Praying for such Relief as to the "Wisdom 
of this Court shall seem fit. 

Read & In as much as the Vote of this Court at their Session in 
November last past on the Petition of "William Mudget occasioned M' 
Justice Appleton and M"' Justice Saltonstal to issue out the "Warrant 
mentioned in the within Petition ; And the Petitioner being by Oath 
obliged to serve "Warrants from lawful Authorit}-, 

Voted that the Petitioner be & hereby is indemnified from all Cost 
&, Charge that may arise in the Prosecution brought against him by 
John Adams to be heard & tried at Portsmouth in the Province of 
New Hampshire on the sixth Instant, And that John Read Esq' be 
retained to defend him the Petitioner in the afore said Suit, The 
Charge to be paid out of the Province Treasury. \_Passed Jxine 1. 



CHAPTER 6. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE TAUNTON 

AFFAIR. 



Legislative 
Records of the 
Council, xiv., 

58. 



Nathaniel Byfield Esq^ from the Committee of both Houses ap- 
pointed to consider the Petitions of the Inhabitants of Taunton for 
two^ new Precincts gave in the following Report; viz, 

' Quccre, three ? 



[1st Sess.] Province Laws {Resolves^ etc.). — 1728-29. 301 

Whereas Nathaniel Byfiekl, John Gushing, Samuel Thaxter John iiouscJour- 
(^uincy ife Amos Turner were by the Great & General Court of this |!i'l,?e*i). -.'84, 
liis Majestys Province of the Massachusets Bay in New England at i^'i!'i'- i<^i- 
their Session begun & held at Boston the twenty second of Novem- 
ber 1727, appointed a Committee to repair to the Town of Taunton 
carefully to view the Situation & Circumstances of the Inhabitants in 
the several Parts thereof: Imprimis, We are humbly of Opinion 

that it is not convenient to divide the Town into three Precincts, altho 
there is a Probability that in time they may be capable of it. 

2'iiy That a suitable House for the publick Worship of God be built 
at the Charge of the whole Town, where or near where the present 
Meeting House now stands ; which is so decayed that it will not ad- 
mit of being repaired : 3'''^ That an able learned orthodox Min- 
ister of good Conversation be procured & settled by the Town, & at 
their Charge to carry on the Work of the Ministry among them. 

4thiy That when the Great & General Court shall set off one or more 
Precincts the Inhabitants & Estates in that Precinct where the House 
for the publick Worship of God stands shall reimburse the Precinct or 
Precincts that are set off so much as they shall have paid towards the 
building of a House & settling a Minister : 

In the Name & by Order of the Comm"^® 
Boston June 1. 1728. Nath'- Byfield. 

Read & 

Ordered that this Report be accepted. \_Passed June 4. 



CHAPTER 7. 

RESOLVE ALLOWING £204. 14. 4 TO LIEUT JOHN LARRABEE FOR VICT- 
UALLING CASTLE WILLIAM, AND FURTHER ADVANCING £200. 

An Accompt presented bv Lieut, .lohn Larrabee of the Charge of ^^sisiative 

T-T- II- 1 A • 1 • T.T . /-, 1 -nr-ii- f ^1 ^/^^h Records of the 

Victualhng the Garrison at his Majestys Castle vVilliam from the 20"^ Council, xiv., 

of Novera' 1727, to the 19"^ of May 1728, Amounting to the sum of — 

£404. 15. 4 £200 being advanced, the Ballance is, £204. 14. 4. n^iTpp'Su 

Read & Ante, p. is's, 

Resolved that M"^ Treasurer Allen be & hereby is directed to pay out /,l/v«,^ciiap. 8. 
of the publick Treasury to the said Lieut. John Larrabee the sum of 
Two hundred & four Pounds fourteen shillings & four pence to dis- 
charge the said Accompt ; And further that the said M"' Treasurer 
Allen be & hereby is d[i]rected to advance & pay to the said John 
Larrabee the sum of Two hundred Pounds for victualling the said Gar- 
rison according to the last establishm' being Eight shillings per Week 
per Man, Taking Security from him for the true and faithful Perform- 
ance thereof. \_Passed Jime 5. 



CHAPTER 8. 

RESOLVE ALLOWING £40 TO LIEUT. JOHN LARRABEE. 

A Petition of John Larrabee Lieutenant of his Majestys Castle Wil- Legislative 
liam Shewing that by reason of his constant Attendance there, he is Council, xiv., 
exposed to great Expence, which no other OfHcer in the Service is ^ 



302 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 9, 10.] 



House Jour- 
nal, p. 13. 
Hupra, chap. 



exposed to for the Eutertaiumeut & Refreshm' of publick Persons & 
Strangers, which Expence he has pass'd thro for four years without 
haviug allowed him for his Table, Aud therefore Fraj'ing for some 
Allowance from this Court. 

Read, & In answer to this Petition, 

Resolved that the sum of Fortj' Pounds be allowed & paid out of the 
publick Treasury to the Petitioner Lieuten' John Larrabee in consider- 
ation of the extraordinary Expence within mentioned. \_Passed Jane 5. 



CHAPTER 9. 



RESOLVE ALLOWING £6. 6. 4 TO DANIEL POWNING, AND A FURTHER 
SUM OF £10 TO HIS SALARY. 



Legislative 
Records of the 
Couucil, xiv., 

59. 

House Jour- 
nal, p. 13. 



An Accompt was presented by Lieutenant Daniel Powning, Keeper 
of the Powder house in Boston of Expences in Coal, Candles &c. Watch 
mens Wages & his own Salaiy, as also Money received for Storage of 
Gun Powder belonging to Merchants, from the first of June 1727, to 
this present time, Ballance whereof due to the Accomptant is £6. 6. 4, 

Read & 

Resolved that the sum of Six Ponnds six shillings & four pence be 
allowed & paid out of the publick Treasury to Daniel Powning in full 
discharge of the within Accompt, ending the first Currant ; And that 
there be an additional Allowance of Ten Pounds more to the Petitioner, 
for his Salary the Year Currant. [^Passed June 5. 



CHAPTER 10. 



RESOLVE ALLOWING £34. 6. 



5 TO CPT. JN" HAYES AND A FURTHER 
SUM OF £5. 



Legislative 
Records of tlie 
Couucil, xiv., 
60. 

House Jour- 
nal, pp. 10, 14. 



A Memori al of Cpt. John Hayes, Keeper of the Light house Shew- 
ing that in Febry. last, he came up to Town in the Light House Boat, 
to provide Necessaries for his Family, & not being able to return the 
same Day, he secured his Boat as well as he could, but in the Night a 
certain Portugueze Boy ran away with his Boat & carried her down to 
Sandwich, where he left her jam'd in among the Ice, by which means 
she was greatly damnified, That the Petitioner brought her up to Bos- 
ton & got her repaired. Praying an Allowance of her Charges, & also 
of her Repairs, Amounting to the sum of £34. 6. 5 & some thing for 
his Time & Tronble spent in the said Affair. 

Read [and Accepted] & 

Resolved that the sum of Thirty four Pounds six shillings & five 
pence be allowed & paid ont of the publick Treasury to Cpt. John 
Hayes, to be by him paid to the Persons to whom it is respectively 
due in full discharge of the said Accompt ; & that the further sum of 
Five Pounds be allowed & paid out of the publick Treasury to the said 
John Hayes in full for his time in searching for & finding the Boat within 
mentioned. [_Passed June 5. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1728-29. 303 

CHAPTER 11. 

RESOLVE ALLOWING £10 TO JOHN DORIIEL. 

A Petition of Philip Dorrel of the Town of Arundel Praying for Legislative 
some Consideration from this Court, on the Account of his Son John councif, xiv.*,^ 

Dorrels being carried away Captive by the S' Francois Indians, wiio ^^ 

at the same time carried away his Wife, Daughter & her Child, & House Jour- 
destroyed much of his Substance, his Son being now returned from ^nu,\^.in, 
Captivity almost naked. chap. 128. 

Read & In answer to this Petition, 

ResolvHl that the sum of Ten Pounds be allowed & paid out of the 
publick Treasury to Cpt. Jeremiah Moulton, to be by him disposed of 
in the best manner for Cloathing the Petitioners Son John Dorrel lately 
returned from Captivity. \_Passed June 5. 



CHAPTER 12. 

RESOLVE CONFIRMING 100 ACRES OF LAND TO CPT. JOSEPH BROWN. 

A Survey of William Chandler Surveyour, of One hundred Acres Legislative 
of Land, granted by this Court at their Session in May 1727, to Cpt. comicu', xiv!!"® 

Joseph Brown of Attleboro, Which Land is laid out adjoining to Wood- 60^ 

stock Line on the South, & Oxford Line on the North, & the Farm called House Jour- 
Wades Farm on the East, as by the Plat on File. ^nu.'pSbi. 

Read & chap! 41. 

Resolved that the Lands delineated & described in the within Plan be 
& hereby are confirmed to the said Joseph Brown his Heirs «& Assigns 
for ever, Provided it exceed not the Quantity of One hundred Acres 
of Land, nor interfere with any other or former Grant of this Court. 
\_Passed June 5. 



CHAPTER 13. 

RESOLVE ALLOWING £20 TO JN"^ READ ESQ^ AND A FURTHER SUM OF 
£10 TO NATH^- PEASLY. 

Resolved that the sum of Twenty Pounds be allowed ■& paid out of R^fo^^fof tbe 
the publick Treasury to John Read Esq'' to enable him to defend, & council, xiv., 

if need be to prosecute the Action brought by John Adams against ^!h 

Nathaniel Peaslee of Haverhill, to be heard & tried at Portsmouth in J,^^°"^® iY"""- 
New Hampshire, And that the further sum of Ten Pounds be allowed Ante, p. 300, 
& paid out of the publick Treasury to the said Nathaniel Peasley to *''^*^' ^" 
enable him to go through with the said Action, For the Expence of 
which he is to be accountable to this Court. \_Passed June 5. 



304 



Province Laws (liesolves, etc.) . — 1728-29. [Chaps. 14-16.] 



CHAPTER 14. 



Legislative 
Records of the 
Council, xiv., 
61. 

House Jour- 
nal, p. 15. 
Province 
Laws, ii., 427, 
chap. 12. 



RESOLVE IMPOWERING THE SELECT MEN OF UXBRIDGE TO RAISE A 
TAX OF 1 PENNY PER ACRE ON LAND. 

A Petition of the Selectmen of the Town of Ux])ridge, Praj'ing in 
consideration of their being newly set off a Township & their extraor- 
dinary (Jharges ensuing thereupon, that their Province Tax may be re- 
mitted to them for three or four years next coming, & that they may 
be impowered to raise a Tax of Two pence per Acre on the unimproved 
Lands lying in the said Town belonging to Non residents for support- 
ing their Charge. 

Read & In answer to this Petition, 

Resolved that the Select men of the Town of Uxbridge for the time 
being for three years next coming be and hereby are fully authorized 
& impowered to raise a Tax of one Peny per Acre on all the unim- 
proved Lands lying & being within the Town of Uxbridge belonging 
to the Non resident Proprietors ; which is appropriated for & towards 
the defraying the Ministerial Charge there ; Any Law, Usage or Cus- 
tom to the contrary notwithstanding. \_Passed June 5. 



CHAPTER 15. 



Legislative 
Records of the 
Council, xiv., 
61. 

House Jour- 
nal, p. 15. 



ORDER TRANSFERRING DIVERS INHAB'^s OF SUTTON TO WESTBORO. 

A Petition of John Graves, Jonathan Furbush Simon Taynter & 
Samuel Livermore, James Fay, James Miller, James Bowman, John 
Fay, Bariah Rice, Daniel Hard3% & Samuel Herrington, Inhabitants 
of the Town of Sutton, Shewing that they live very remote from the 
Place of public Worship in said Town, the nearest being ten miles off, 
& that they are not more than four miles distant from the Meeting 
house where they usually attend, Praying that they with their Families 
& Estates may be wholly set off from Sutton and incorporated with 
the Town of Westborough 

Read & 

Ordered that the Prayer of the Petition l)e granted, & that the Peti- 
tioners with their Families, & Estates & the other Lands contained in 
the Plan annexed to the Petition be & hereb}' are separated from the 
Town of Sutton & accounted a Part of Westborough according to the 
Line set forth in the said Plan. \_Passed June 5. 



CHAPTER 16. 



Legislative 
Records of tlie 
Council, xiv., 
6-2. 

House .Jour- 
nal, pp. 10, 14. 
Ante, p. 261, 
chap. 100. 



RESOLVE ALLOWING £20 TO CPT. THO. SMITHS PETITION. 

A Petition of Cpt. Thomas Smith, Praying that he may be allowed 
Pay as Truck master for two months after the Expiration of the Year 
(he being so long in a Voyage to S* Georges to deliver the publick Stores 
to his Successor «& to bring off his own Things, ) & that he mux be allowed 
his Servants Wages the same time, he being so long continued in the 
Service. 

Read & 



[1st Sess.] Province Laws {Resolves, etc.) . — 1728-29. 305 

Resolved that the sum of Twenty Pounds be allowed & paid out of 
the publick Treasury to Cpt. Thomas Smith in full for his Services 
al)ove mentioned, & that his Servant be made up in Cpt. Gyles's next 
JMuster Roll as a Centinel from the 21" of December to the 21'' of Feb- 
ruary last. \_Passed Jane 5. 



CHAPTER 17. 

RESOLVE ALLOWING £10 TO JAMES NAP. 



A Petition of James Nap a Youth lately redeemed out-of Captivity, Legislative 
being taken Prisoner by the Indians about three weeks, Praying the council^ xiv*^^ 
Court for some Allowance for Cloathing him. He being almost naked g3. 
& unable to purchase Cloathing for him self. House Jour- 

^*^'^'^' '^ Ante, p. -271, 

Resolved that the sum of Ten Pounds be allowed & paid out of the ciKip. 128. 
publick Treasury to Major Thomas Tilestone to be by him disposed 
in the most prudent manner for purchasing necessary Cloathing for 
the Petitioner. [^Passed June 6. 



CHAPTER 18. 

VOTE IMPOWERING CPT. BENJ'^ WRIGHT TO LAY OUT 200 ACRES OF 

LAND. 

A Petition of Cpt. Benjamin Wright of Northfield, Shewing that he Legislative 
has for near forty years past been employed in the Service against the Records of the 
Indian Enemy, & been exposed to many dangers & difficulties, that at (53. '' '' 
five several times he has been engaged with them so successfully, that House Jour- 
many of them were slain. Praying that this Court would grant him such "'"^^'P- i*- 
Recompence for his said services as to their great Wisdom & Goodness 
shall seem meet 

Read & In answer to this Petition, 

Voted that the Petitioner be allowed & impowered by a Surveyor and 
Chainmen on Oath to survey & lay out Two hundred Acres of the un- 
appropriated Lands in the County of Hampshire, & return a Plat thereof 
to this Court within twelve months for Confirmation to him, his Heirs 
«fe Assigns. \_Passed June 6. 



CHAPTER 19. 

ORDER IMPOWERING WATERTOWN & WESTON TO LAY OUT 2,000 ACRES 

OF LAND. 

A Petition of Committees of the Towns of Watertown & Weston Legislative 
Praying that they may be allowed to take up a Tract of the unappro- councif xi**^^ 
priated Lands belonging to this Province, to fulfill a Grant of Two 63°^^Mass^^^'' 
thousand Acres formerly made to the Town of Watertown (of which ^xiii!i756. 

Weston was then a Part,) which Grant has never been taken up. ^^[^ — '- 

Read and Accepted and Archives, 

Resolved That the prayer of the petition be so far granted that the 75s'!'"House^^' 



306 



Province Laws {Resolves, e^c.). — 1728-29. [Chaps. 20, 21.] 



JournaU2-i20 Towiis of Watertowii and Weston, be allowed and impowred by a Sur- 
pp?i5, 19.' ' veyer and Chain Men under Oath to survey & lay out two Thousand 
Acres of the Unappropriated Lands within this province provided it 
do not incommode the Settlement of a New Town nor infringe on any 
former Crrant a platt thereof to be returned to this Court in the next 
Fall session for Confirmation. [^Passed June 6. 



CHAPTER 20. 

VOTE RELATING TO THE CONFIRMATION OF A GRANT OF 500 ACRES 
OF LAND TO JOHN COLLINS. 



Legislative 
Records of the 
Council, xiv., 
64^ 

House Jour- 
nal, p. 18. 
Ante, p. i&l, 
chap. 156. 
Infra, chap. 21. 



The Committee appointed by this Court at their Session held in 
Decem])er 1727, to apply to the Governm' of the Colony of Connect- 
icut for furtlier Confirmation to this Governm' of a certain Tract of 
Land lying in the North East Part of the Colony afore said formerly 
laid out to JM' John Collins of London whose Son & Heir has had the 
Contents of the like Tract ; viz, Five hundred Acres laid out & con- 
firmed in an other Place in lieu thereof ; Which first Tract falling on 
the South side of the present established Line between said Governm" 
Consequently in said Colony, & for which they have received an Equiv- 
alent, having attended the General Assembly of said Colony at II art- 
ford in May last, applied accordingly for Confirmation of said oOO Acres, 
& have obtained the Order inclosed ; And inasmuch as the further Con- 
firmation or Patent from that Governm* is not yet perfected, nor can 
be until the Committee accomplish what they are appointed to in said 
Order, The Committee would humbly propose whether it be not proper 
to appoint some Person to receive said Patent, to be given after the 
said Committee have done the Business appointed them. All which is 
humbly submitted. 

W" Dudley, By Order & in the Name of the Comm'^* 

Read & Accepted & 

Voted that John Chandler Esq'' be fully authorized & impowered by 
this Court to do anything further necessary in & about the obtaining 
the effectual Settlement & Confirmation of the said Farm with the 
Committee appointed by the General Court of Connecticut, & after- 
wards when that Affair shall be accomplished from the Governor & 
Secretary, according to the Law of that Colony. \^Passed June 7. 



CHAPTER 21. 



Legislative 
Records of the 
Council, xiv., 
65. 

House Jour- 
nal, p. 18. 
Sit/>rn, chap. 20. 



RESOLVE ALLOWING £32. 18. 3 TO "WILLIAM DUDLEY. 

An Accompt presented by William Dudley Esq"" of the Committees 
Time & Expence in soliciting the Confirmation of the 500 Acres of 
Land formerly laid out to M' John Collins, Amounting to the sum of 
£32. 18. 3. 

[Read and Accepted and] 

Resolved that the sum of Thirty two Pounds, eighteen shillings & 
three pence be allowed & paid out of the publick Treasury to William 
Dudley Esq' to be by him repaid to whom it is due in full discharge 
thereof. [_Passed June 7. 



[1st Sess.] Province Laws (liesolves, etc.). — 1728-29. 807 



CHAPTER 22. 

ORDER ACCEPTING THE COMMITTEES REPORT FOR A REFORM OF 
MAJOR GEN'- WINTHROPS PLAT OF LAND NEAR BRIMFIELD. 

Sajiuel Tiiaxter Esq" from the Committee appointed to consider of ]^°f'r,f*'^fth 
a Reform of Major General Wintiirops Plat of Land laid out to iiim at Council, xiv., 
Tantinsques, near Brimfield gave in the following Report; viz, AroWv^esf 

Pursuant to the Order of the Great & General Court above said the xivi.,38. 
Major Part of the Committee repaired to Brimfield, & having carefully Mass. 
viewed the Lands surveyed & platted by John Winthrop Esq' called the xM^s^fb. 
Lead Mines, & the Land adjoining within the Town of Brimfield are hum- House Jour- 
bly of Opinion that there may be a Reform of that Survey, & that there Jnte/'p. 265, 
is a sufficient Quantity of Land adjoining to the Lead Mines to make '^'^^p* "^" 
an Equivalent. 

Sam'' Thaxter, 
Thomas Tilestone. 

In Council, Read & 

Ordered that this Report be Accepted, & that Samuel Thaxter Esq^ 
with such as the Hon''''' House of Represeut^^^ shall appoint be a Com- 
mittee to lay out to the Heirs of the late Hou'^'^ Wait Winthrop Esq' 
as soon as may be the Contents of four Miles square at Tantinsques, 
so as to include the Black Lead Mine, & that they steer clear of the 
Settlem'^ made at Brimfield, That they lay it out in as regular a Figure 
as may be. So as to make it a full Equivalent to the former Survey both 
in Quantity & Quality, And the Comm*'^'' are directed as well seasonably 
to leave a Notification at the House of John Winthrop Esq'' in New Lon- 
don as to notify Thomas Lechmere Esq"^ to be present at said Survey if 
they see Cause : A Return whereof to be made to the Court for Con- 
firmation : The Charge of said Survey to be born as this Court shall 
determine. 

In the House of Representatives 

Read and Concur'd and 

Ordered That Maj'' Tilestone & Maj'^ Chandler be Joined in the 
Affair. [^Passed June 7. 



CHAPTER 23. 

ORDER FOR A TOWN MEETING AT FRAMINGHAM. 

Whereas there happened to be two contending Parties in the Town Legislative 
of Framingham, who in the Month of March last at two Several Meet- councif xiv!"^ 

ings made Choice of a Set of Town Officers each, for the Year ensuing, 65^ [ '_ 

as of Selectmen Town Clerk &c, whereby many & great Difficulties have House Jour- 
arisen, & It is to be feared no good Order or Governm' can be supported °*'' ^' ^^' 
unless some speedy Care be taken to prevent those Disorders ; For 

prevention whereof & to put an end to the said Strife ; It is 

Ordered & Resolved by this Court & the Authority thereof that John 
Gibbs & Daniel Prat Constables of the Town of Framingham for the 
Year 1727, be & hereby are authorized, impowred & directed to notify 
& warn the Freeholders & other Inhabitants of the Town of I'raming- 
ham qualified to vote, to assemble & convene at the Meeting house in 
Framingham on Wednesday the twelfth day of June Currant at ten a 
Clock in the Fore Noon ; then & there to chuse a Moderator, Town 
Clerk, Select men & other Town Officers, which the Law directs to be 



308 



Province Laws (Besolves, etc.) . — 1728-29. [Chaps. 24-26.] 



chosen in March annujilly ; And that Henry Pliillips Esq' be desired 
to be present at the said Meeting to take Care that it be duly & orderly 
managed ; And that all the Meetings held by the said Town of Framing- 
ham in the Month of March, & all the Proceedings & Votes of each Party, 
& Meetings & Ellections subsequent, be & hereby are declared null Any 
Law, Usage or Custom to the contrary notwithstanding. \_PassedJune 7. 



CHAPTER 24. 



RESOLVE ALLOWING £17. 2. 8 TO GID. PRAT. 



Legislative 
Records of tlie 
Council, xiv., 
66^ 

House Jour- 
nal, p. '22. 



An Accompt presented by Gideon Prat of his time Expeuce & Horse 
Hire in bringing down four English Captives redeemed by Cpt. Joseph 
Kellog from Springfield to Boston, Amounting to the sum of £17. 2. 8. 

[Read and] 

liesolved that the sum of Seventeen Pounds two shillings & eight 
pence be allowed & paid out of the publick Treasury to the said 
Gideon Prat, to be by him paid to the Persons to whom it is due 
in full discharge thereof. \_Passed June 7. 



CHAPTER 25 



RESOLVE ALLOWING £2. 17 TO W^' CUNNINGHAM. 



Legislative 
Records of the 
Council, xiv., 
66^ 

House .Tour- 
mil, p. IS. 



An Accompt presented b}' William Cunningham Glazier of AVork 
done by him at the Province House, Amounting to the sum of £2. 17. 

[Read and] 

Resolved that the sum of Two Pounds seventeen shillings be allowed 
& paid out of the pu])liek Treasuiy to the Accomptant William Cun- 
ningham in full discharge thereof. [^Passed June 7. 



CHAPTER 26. 



RESOLVE ALLOWING £10 TO BENJAMIN HEALEY. 



Legislative 
Records of the 
Council, xiv., 
66. 

House Jour- 
nal, p. 22. 
Ayite, p. 271, 
«hap. 12S. 



A Petition of Samuel Healy of Boston, Uncle to Benjamin Healy 
a Lad lately redeemed from Captivity among the French & Indians, 
Praying for some Allowance from this Court for the Cloathing of his 
said Nephew; He being come home almost Naked. 

Read & 

Resolved that the sum of Ten Pounds be allowed & paid out of the 
publick Treasury to the said John Healy to be by him disposed of in 
the most prudent manner for cloathing the said Benjamin Healy lately 
returned from Captivity. \_Passed June 7. 



[1st Sess.] Province Laavs (liesolves, etc.). — 1128-29, 309 



CriAPTEK 27. 

RESOLVE ALLOWING £3. f) TO NATII'- COLLINS. 

An Accompt preseuted by Nathaniel Collins of Time & Expence in Legislative 
Assisting Cpt. Timothy Dwight in surveying a Tract of Province Land counclf, jdv!l^ 
lying near Springfield, Amounting to the sum of £3. 5. ^^ 

[Read and] House Jour- 

Resolved that the sum of Three Pounds five shillings be allowed & ^nte,\^}ni!^' 
paid out of the publick Treasury to Nathan^ Collins, to be by hiin paid chap. 214. 
to whom it is due in full discharge thereof. [PassecZ June 7. 



CHAPTEE 28. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE PRO- 
PRIETORS OF AVAMESECK TO BE MADE A SEPARATE TOWN. 

A Petition of Samuel Hunt, & Samuel Hunt Juu'' for themselves ^®?'®.lf*%®t.h 
& the rest of the Proprietors of the Lands called Wameseck or Win- council, xiv., 

throps Farm Shewing that their Lands, which adjoin to the Town of ^Ji 

Billerica between Pawtucket & Chelmsford Line, are a long way dis- House Jour- 
tant from the Place of publick Worship in Billerica so as that few of Province' 
them are able to attend there with their Families, That they prefer'd Jifap!'334.' ^^' 
their Petition to this Court in the Year 1725, Praying to be set off a 
separate Town or Precinct, That the Court were then pleased to order 
that they should serve the Town of Billerica with a Copy that so they 
might give their Answer thereto, That the Petitioners served the said 
Town with a Copy, but they have not yet seen good to give an}^ An- 
swer thereto, And therefore Praying that they may be set off a distinct 
Precinct, or that a Committee may be appointed to view their Lands 
& Habitations & report their Opinion to this Court what may be proper 
to be done on this Petition. 

In the House of Represent™^ Read & 

Ordered that M'' John Hobson, & Major Quincy with such as shall be 
appointed by the Hon''''' Board be a Committee at the Charge of [the] ^ 
Petitioners to repair as soon as may be, as well to the Lands petitioned 
for to be erected into a Precinct as to the Town of Billerica that they 
carefully view & consider the Situation & Circumstances of the Peti- 
tioners, & their Distance from the Meeting honse in Billerica, & also 
how far the said Town may be affected by granting the Prayer of the 
Petition, «fe that at the next Session of this Court, they report their Opin- 
ion of what may be proper for the Court to do in Answer thereto. In 
Council, Read & Concur'd, & Spencer Phips Esq'' is joined in the Affair. 
\_Passed June 7 . 

1 Inserted from the State Library copy, Legislative Records of the Council, xiv., 75. 



310 



Province Laws (Hesolves, etc.). — 1728-29. [Chaps. 29, 30.] 



CHAPTER 29 



ORDER IMPOWERING THE FEOFFEES OF ROXBURY FREE SCHOOL TO 

SELL LAND. 



Legislative 
Eecords of the 
Council, xiv., 
6L 

House Jour- 
nal, p. 22. 



A Petition of Paul Dudley Esq'' & others, feoffees in Trust for the 
Free School in Roxbury, Shewing that there is among other Lauds 
belonging to the said School a small Piece of Pasture Land contain- 
ing about ten Acres, lying some what inconveniently (it being incom- 
passed all round by Lauds belonging to divers Persons,) the Annual 
Kent of which is no more than fifty shillings, & not likely to rise, & 
one of the Neighbours is desirous to purchase it, & the Feoffees are 
in hopes it will fetch at least One hundred & twenty Pounds; And 
therefore Praying that they may have Leave & Authority from this 
Court to make Sale of the said Piece of Land, the}' obliging them- 
selves & their Successors to apply the Income of the Money so to be 
raised for the sole Use of the School as the rest of the Land is. 

Read & 

Ordered that the Prayer of the Petition be so far granted as that the 
Petitioners be authorized & impowered to make Sale of the Land men- 
tioned in the Petition, the Monej' to be produced by the said Sale to 
[be] ^ invested in some other real Estate for the Use of the Free School 
in the Town of Roxbury. [^Passed June 7. 



CHAPTER 3 



ORDER IMPOWERING DANIEL ADAMS AND OTHERS TO SELL LANDS. 



Legislative 
Records of the 
Couucil, xiv., 
67^ 

House Jour- 
nal, p. 20. 



A Petition of Daniel Adams, Joseph Adams & John Robins, Shew- 
ing that Roger Adams late of Brooklyn Dec'' left three Tracts of Land 
in & by his last Will & Testament to the said Daniel lying in Woodstock, 
Cambridge & Newton ; which the Petitioners judge convenient to be 
sold in order to their purchasing for the said Daniel Adams, Part of his 
Fathers Homestead lying adjacent to the said Daniels Land in Brook- 
lyn ; And foras much as the said Daniel is on the Account of some Dis- 
ability restrained by his Fathers Will from disposing of any of his. Lands ; 
Therefore Praying that they ma}'^ be impowered by this Court to sell the 
said Lands lying in Woodstock Cambridge & Newtown in order to pur- 
chase the Residue of the said Homestead for the said Daniel, w"'' will 
be of greater benefit to him & his Children. 

Read & 

Ordered that the Praj-er of the Petition be granted, And the Peti- 
tioners are enabled to make Sale of the said Lands in Woodstock 
Newtowu & Cambridge accordingl}' ; Provided they invest the Pro- 
ceeds thereof in purchasing so much as the same will purchase of the 
Homestead of the said Roger Adams, next adjoining to that Part of 
the Estate of the said Daniel Adams which he is seized of for the L'se 
of him the said Daniel Adams & his Children, Provided also that Wil- 
liam Dudley Esq"" & M"' Samuel White be present at the Sale of the 
said three Parcels of Land (as they are hereby desired to be) & see 
that they be sold to the best Advantage, & that the Proceeds thereof 
be also invested in the Purchase above mentioned to be made as rea- 
sonably as the same can be obtained. [^Passed June 7. 

1 Inserted from the State Library copy, Legislative Records of the Council, xiv., 75. 



[1st Sess.] Province Laws {Resolves, etc.). — 1728-29, 311 

CHAPTER 31. 

VOTE ALLOWING £15 TO CPT. JOHN FOSTER. 

An Accompt presented by Cpt. John Foster of Disbursements of |^u,?if(i"^fti, 
£15 granted by the General Court in the Year 1724,^ for repairing the Council, xiv., 

Bridge on Patucket River & put into the said Fosters Hands. ^li 

Read & Accepted, & "aT^ir*^' 

Voted that the Accomptant Cpt. John Foster be & hereby is dis- Province' 
charged of the said Sum of Fifteen Pounds accordingly. [^Passed ^ifap^'125! *'^' 
June 7. 



CHAPTER 32. 

ORDER DIRECTING TREASURER TO FURNISH STORES TO CASTLE W^. 

An Indent presented by William Barnsdale Master Gunner of Castle Legislative 
"William of sundry Stores necessarj^ there. Coum'if xiv*^^ 

Read & 69. 

Ordered - that M'' Treasurer be directed to furnish the within men- House Jour- 
tioned Stores accordingly, Taking a Receipt therefor. \_Passed June 8. ""^' ^' ^*^' 



CHAPTER 33. 

RESOLVE ALLOAVING £50 TO M^ JABEZ ATHERN FOR THE SELECTMEN 

OF TISBURY. 

A Petition of the Town of Tisbury on the Island of Marthas Vine- Legislative' 
yard. Shewing their Poverty & Inability to suppoi-t the Ministry among councff xiv^^ 
them. Praying for some Assistance from this Court. 60. 

Read [and Accepted] & House Jour- 

Resolved that the sum of Fifty Pounds be allowed & paid out of the "'"^''P-'^'*- 
publick Treasury to M' Jabez Athern to be by him paid to the Select- 
men of the Town of Tisbury, & be by them used & disposed of for the 
Ministerial Use Avithin mentioned. [_Passed June 8. 



CHAPTER 34. 

ORDER IMPOWERING JAMES & JOHN SPEEN TO SELL LAND. 

A Petition of James Speen & John Speen his Son both of Natick J^**?^*'^*^^® . 
Indians, Shewing that at the Court of General Sessions of the Peace Council! xivV 
holden for the County of Suffolk in Api-il last they gave Bond to D"^ ''"• 



Zabdiel Boylston for the Payment of Forty thi'ee Pounds to save James Ho^ise Jour- 
Speen Jun'' Son of the afore said James from the Fine & Costs he had ^^ '^' 
incur'd by stealing D"" Zabdiel Boylstones Horse & Tackling, Praying 
that they may be impowered by an Order of this Court to sell so much 
of their common Land in Natick as will discharge the said Bond, & 
answer the Charge that will arise upon the Sale thereof. 



» Qtt(ere, 1725 ? See Province Laws, x., 624, chap. 125. 
^ The House Journal reads, " Besolved." 



312 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 35, 3(3.] 



Read & 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioners be accordingly impowered & allowed to make Sale of their In- 
terests in the common Lands in Natick in a sum not exceeding Fifty 
Pounds to the highest Bidder, And Cpt. Edward Goddard & ]NP John 
Death be desired to see that Justice be done to the Indians in the Sale 
of the said Land that it be not under sold & that they also take Care 
to have the Bond within mentioned paid & discharged, & also to sat- 
isfy themselves for their trouble & time herein, tt that they pay the 
Remainder of the Money to the Petitioners. [^Passed June 10. 



Legislative 
Records of the 
Couucil, xiv., 
7(K 

House Jour- 
nal, p. 29. 
Ante, p. -260, 
chap. 99. 



CHAPTER 35. 

ORDER THAT THE COMMITTEE ON THE SALE OF OYSTER ISLAND PRO- 
CEED WITH THE AFFAIR. 

On the Petition of the Indian Proprietors of Oyster Island \_ante, 
p. 260, chap. 99J 

The Committee above mentioned not having a good Opportunity of 
making Sale of Oyster Island, & being desirous of further Time for 
the said Affair ; 

Ordered that the said Committee proceed in the said Affair with all 
convenient Speed, & make Report to this Court thereon. [^Passed 
June 10. 



CHAPTER 36. 



ORDER OF NOTICE ON THE PETITION OF SAM'- HATCH & OTHERS TO 
BE SET OFF FROM SCITUATE. 



Legislative 
Records of the 
Council, xiv., 
TO^ 

House Jour- 
nal, pp. 23, 29. 



A Petition of Samuel Hatch & six others Inhabitants of a small 
Part of the Town of Scituate on the Southerly side of the River called 
North River on the Southerly end of the Lands commonl}' called the 
Two miles Setting forth their great difficulties by^ reason of their re- 
mote distance from the Place of publick Worship iu said Town, & that 
they have no benefit by the School there, tho they pay their proportion 
for the Support of it. And Praying that they may be set oft' from the 
Town of Scituate & annexed to the Town of Pembroke : "Which 

Petition was accompanied by one from the Town of Pembroke, Pra}'- 
ing to y*" same Effect. 

In the House of Represent'''' Read & 

Ordered that the Petitioners serve the Town of as well as the upper 
Precinct in Scituate with a Copy of these two Petitions, that they shew 
cause on Fryday the fourteenth of June Currant why the Prayer thereof 
should not be granted. 

In Council ; Read & Concur'd with the Amendm' viz. That the 
Answer be given in on the first Fr3^day of the next Fall Session.^ 
\_Passed June 11.^ 

' No concurrence with this amendment is here recorded, but the House Journal, p. 29, 
states that the amendment was eonciirred in. The fact is implied in the record here printed 
by the addition of the Governor's consent. 

2 This date is according to the House Journal; according to Legislative Records of the 
Council the date is June 10. 



[LsT Sess.] Province Laws (liesolves, etc.). — 1728-29. 313 

CHAPTER 37. 

VOTE FOR CELEBRATING HIS MAJESTYS ACCESSION TO THE THRONE. 

This being the Anniversary of His Majestys happy Accession to the Legislative 
Throne of Great Britain ; And the Great & General Court of this Prov- councu.xiv!^ 
ince being now convened ; li: 

Voted that it is tiie Unanimous Desire of this House that the Court Legislative 
may express their Duty & Loyalty to his Majesty & the whole Royal council^, xiii.,^ 
Family, And therefore propose the Court house as a proper Place for j'^'{^^l{'^^^2i 
the Court to express them selves on this joyful occasion at three a 
Clock this Afternoon. \^Passed Jane 11. 



CHAPTER 38. 

ORDER IMPOWERING EDWARD BELCHER TO BRING FORWARD AN 
ACTION OF REVIEW. 

On the Petition of Edward Belcher [^ante, p. 263, chap. 107] Rlfords"of the 

Ordered that the Prayer of the Petition be granted, & that the Peti- Council, xiv., 

tioner be & hereby is impowered & enabled to bring forward his Action li: 

of Review accordingly at the Inferior Court of Common Pleas to be held ^^^^^^ ^9^"^' 
at Boston in & for the County of Suffolk in October next ; And the Jus- Ante,'\>. 263, 
tices of the said Court are impowered & directed to hear &, determine ^^^'^' ^'^^' 
the said Action, enter up Judgment & award Execution accordingly ; 
Any Law Usage or Custom to the contrary notwithstanding. \_Passed 
June 11. 

CHAPTER 39. 

VOTE FOR REPAIRS AT THE CASTLE WILLIAM. 
A Memorial of John Larrabee Lieuten' of his Maiestys Castle Wil- ^^^'^'?"^?,v, 

„.„,,.. .111- -1 1 Records of the 

ham, Setting forth that it is a considerable time since there has been Council, xiv., 

a Committee of the General Court appointed to view the Works there, i^J 

which by the late violent Storms have suffered much, especially at the J^Xpp'^20'^28 
East Head ; And as the extending the South Wharf further on the Flats Province 
will be of great Advantage for the better landing of Wood & other Sup- Jhap^f.' ^^^' 
plies for the Garrison & a Security to the Boats in bad Weather, There- 
fore Proposing that this Court would proceed in the Premisses as in 
their Wisdom they shall judge fit. 

Read [and Accepted] & In answer to this Memorial 
Voted that the Posts or Spiles at the East Head, which are fixed to 
defend the Island from being washed away in Storms & bad Weather, 
being many of them torn up by the late violent Storm, & gone to Decay 
be forthwith repaired ; & that the South Wharf be extended further on 
the Flats about fifty or sixty feet, which is what is necessary to accomo- 
date Vessels in landing Wood & other Supplies for the Garrison, it being 
now very difficult to come at the Wharf by reason the same is banked 
up by the Wash of the Sea, so that Vessels cannot come within several 
feet of the same, which occasions much Trouble and Difficulty in land- 
ing any thing thereon, as it is at present, and may also be a Security 
in mooring the Boats ^ from the Injuries of the Weather, that the Stone 

> This word is from the State Library copy, Legislative Records of the Council, xiv., 80 ; 
in the Secretary's copy the word is " Votes." 



314: Province hAws(Besolves, etc.). — 1728-29. [Chai's. 40-42.] 

AVork of the upper Fort which is much gone to decay be forthwith 
pointed, & instead of the Coping on the Walls, w*^'' were most of them 
blown away in the late Storm, that the Tops of the Walls be pointed 
with Lime, which will be of security for the same ; And the best JNIethod 
for effecting these Repairs ; And M' Thomas Cashing & Major Tilestone 
be impowered to see that the above Repairs be done & compleated as 
soon as may be ; And that his Honour the Tioutenant Governor be de- 
sired to give his Orders that Lieut. John Larrabee, the Commanding 
OtHcer at the Castle be assisting in the Repairs & that the Committee 
lay au Accompt of the Charge of this Affair before the Court. [Passed 
J ant 11. 



CHAPTER 40 



Lesrlslatlve 
Records of the 
Couucil, xiv., 
72^ 

House Jour- 
nal, p. 27. 



RESOLVE ALLOWING £46. 10 TO BARTH. GREE!^" AND SAM'- KNEELAND. 

Ax Acco:mpt of Bartholemew^ Green & Samuel Kneeland of Paper & 
Printing the Votes of Represent'" for the last Session, beginning the 
22*^ of Novem"" 1727, & ending the 21" of February' following, Amount- 
ing to the sum of £46. 10. 

[Read and] 

Resolved that the sum of Forty six Pounds ten shillings be allowed 
& paid out of the publick Treasury to the Accomptants Bartholemew 
Green »& Samuel Kneeland' in full discharge thereof. \_Passed Jtaie 11. 



CHAPTER 41. 



RESOLVE ALLOWING £40. 12 TO BARTH. GREEN. 



Leorlslative 
Records of Uie 
eouncil, xiv., 
72^ 

House Jour- 
nal, p. 27. 



An Accompt presented by Bartholemew Green of Paper & Printing 
Proclamations, Impost & Tax Acts, Writs for Calling a General Assem- 
bly, Treasurers Warrants &c. Amounting to the sum of £40. 12. 

[Read and] 

Resolved that the sum of Fort^' Pounds twelve shillings be allowed 
& paid out of the publick Treasury to the Accomptant Bartholemew 
Green in full discharge thereof. \_Passed June 11. 



CHAPTER 42. 



ORDER ERECTING A PRECINCT AT ANASQUAM. 



Legislative 
Records of the 
Couucil, xiv., 
72. 

House Jour- 
nal, pp. 27, 2S. 



A Petition of John Lane & divers others Inhabitants of Anasquam 
being the Northern Part of the Town of Glocester, Shewing that being 
under great difficulties as to their Attendance on the public Worship 
of God in said Town they have now' built a Meeting bouse & agreed 
with a Minister to settle among them ; ifc having requested of the said 
Town their Consent to their being set off a separate Parish, the Town 
voted to set them off so far Southerly as the South west side of Pid- 
geon Hill Pasture, thence Westerly on a Line to the Bridge over the 
Brook that is on the Southerly side of the House of John Tucker Jun' 
thence by the said Brook as it leadeth to the Cove called Goose Cove, 
«& by said Cove to Anasquam River Praying the Coulirmatiou of this 



[1st Sess.] Province Laws (Besolves, etc.). — 1728-29. 315 

Court of the said Vote, & that they may be set off a separate Precinct 
accordiugly. 

Read & 

Ordered that the Prayer of the Petition be granted ; And the Peti- 
tioners with their Families & all the Lands contained within the Limits 
set forth herein be & hereby are erected into a separate & distinct Pre- 
cinct & endowed with equal Powers, Privileges & Immunities with any 
other Precinct within this Province ; & Samuel Sergeant one of the Peti- 
tioners & a principal Inhabitant therein is authorized & impowered to 
assemble the said Inhabitants to chuse Precinct Officers, to stand until 
the next annual Election. [Passed June 11. 



CHAPTEE 43. 

VOTE DISCHARGING THE TREAS= ON HIS GEN^- ACC^s. 

The Accompt of Jeremiah Allen Esq"" Treasurer & Eeceiver General ^f^rffg^of t^e 
of the Province of the Massachusets Bay in New England, beginning Councii.xiv., 
May 31. 1727, & ending May 31. 1728, Amounting to the sum of Two ^rcWves^,' 
hundred & eighteen thousand four hundred & four pounds nine shillings cxxiii., 364. 
& nine pence, having been presented & laid before the House of Rep- House Joui-- 
resent'"^' & inspected by said House ; By which it appears that there was ^^ •^'^' "' ' 
outstanding the thirty first day of Maj^ 1728, Five thousand five hundred 
eighty nine Pounds five shillings & eleven pence of the Taxes, Twenty 
seven thousand nine hundred ninety one Pounds ten shillings of the 
£50,000 Loan, Fifty five thousand two hundred eighty one Pounds of 
the £60,000 Emission gi\anted by the General Court at their Session in 
Novem' 1727, & Thirty thousand eight hundred, & eleven Pounds four- 
teen shillings & six pence, Neet Province Bills further to be accounted 
for ; 

[Read and] 

Voted That the said Accompts in the Several Articles and payments 
therein mentioned Amounting to the Suin of Ninety Eight thousand 
Seven hundred and thirty pounds. Nineteen shillings and four pence 
be and hereby are allowed off, and the said Treasurer is hereb}^ dis- 
charged of the said Sum of Ninety Eight Thousand Seven hundred and 
thirty pounds Nineteen shillings & four pence accordingly. \^Fassed 
June 11.^ 



CHAPTEE 44. 

ORDER ACCEPTING THE ACC^ OF THE TREAS^ OF THE CO. OF SUFFOLK. 

An Accompt presented by Samuel Checkley Esq' Treasurer of the Legislative 
County of Suffolk ; Having been by him laid before the Court of Gen- ^^^Xu", xlv!!^ 
eral Sessions of the Peace for said County, & by them Allowed ; "3. 

Read & Accepted & House Jour- 

Ordered that this Accompt be Allowed. [^Passed June 12. nai, p. 29. 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 12. 



316 



Province Laws (^Resolves, etc.). — 1728-29. [Chaps. 45-48.] 



CHAPTER 45. 



Legislative 
Records of the 
Council, xiv., 
73. 

House Jour- 
nal, p. 29. 
Ante, p. 307, 
chap. 22. 



VOTE ORDERING THE TOWN OF BRIMFIELD TO PAY £7. 10 TO THE 
TANTINSQUE COMMITTEE. 

An Accompt presented by Samuel Thaxter Esq'' of the Time & Ex- 
pence of the Committee in viewing Major General Winthrops Survey 
of Tautinsques in Order to a Reform, Amounting to the sum of £7. 10. 

Eead & 

Vottd that the Accompt be allowed & that the Town of Brimfield be 
& hereby are ordered & directed to pay to the Accomptants the sum of 
Seven Pounds ten shillings in full Discharge thereof. \_Passed Jane 12. 



CHAPTER 46. 



Legislative 
Records of the 
Council, xiv., 
73^ 

House Jour- 
nal, p. 30. 
Infra, chap. 47. 



VOTE ORDERING SALE OF THE BEVER LEFT IN M« SCAMMONS'S HANDS 

BY THE INDIANS. 

Whereas a Party of Indians some time about the Month of October 
1726, killed an Ox belonging to M' John Storer of AVells, part of which 
was found upon them, & for which they have made Satisfaction in part 
by lodging a Parcel of Bever at M'' Humphrey Scammons at Biddeford ; 

Voted that M^ Treasurer Allen be directed to send for the said Bever 
& sell it to the best advantage ; And that a Message be sent to his 
Honour the Lieuten' [Govern'']' to desire he would use his Intluence 
with the Norridgewock Chiefs that the said Indians (to which Tril)e 
they belong) may be obliged to make full satisfaction for said Ox, for 
which this Province has paid Eleven Pounds. \_Passed June 12. 



CHAPTER 47. 



Legislative 
Records of the 
Council, xiv., 
74. 

House Jour- 
nal, p. 30. 
Stipra, chap. 
46. 



RESOLVE ALLOWING £11 TO JOHN STORER. 

A Petition of John Storer, Shewing that in the Year 1726, some of 
the Eastern Indians killed an Ox belonging to the Petitioner, for which 
he was offered Eleven Pounds a short time before he was killed that 
he has had no Satisfaction for the same, altho the Governor has pressed 
them thereto, & they seemed willing at the Conference to comply, Pray- 
ing that this Court would allow him Eleven Pounds for the said Ox. 

Read & 

Eesolved that the sum of Eleven Pounds be allowed & paid out of 
the publick Treasury to the Petitioner M'' John Storer in full discharge 
thereof. [_Passed June 12. 



CHAPTER 48. 

ORDER ACCEPTING THE ACC^ OF THE CO. TREAS^ OF BRISTOL. 

An Accompt presented by Cpt. William Throop Treasurer of the 
ounty of Bristol for the last Year, Having been laid before the 

1 Inserted from the State Library copy, Legislative Records of the Council, xiv., 82. 



[1st Skss.] Province Laws {Resolves, etc.). — 1728-29. 31' 

Court of General Sessions of the Peace for the said County & by House Jour, 
the in allowed ; 

Read & Accepted, & 

Ordered that this Accompt be allowed. \_Passed June 12. 



CHAPTER 49. 

RESOLVE ALLOWING £i TO RICH^' HAZZEN. 



An Accompt presented by Richard Hazzen Jun"^ of Time & Expence Legislative 
in waiting upon his Honour the Lieuten* Governor to receive his Com- councif, xiv!|^ 

mauds for surveying the Boundaries of the Province of Mayn accord- "^ 

ing to the Projection of the General Court &c, Amounting to the sum Executive 

iFnA Records of the 

O^ ^^- Council, ix., 

[Read and] journai'^'f so 

Resolved that the sum of Four Pounds be allowed &, paid out of the ^wJ™p.'283, 
publick Treasury to Richard Saltonstal Esq"" to be by him paid to the <^^''^p- i^^- 
said Richard Hazzen Jun"' in full discharge thereof » \_Passed* June 12. 



CHAPTER 50. 

RESOLVE ALLOWING £17. 16. 7 TO THE TAUNTON COMMt™ TO BE PAID 
TO THE TOAVN OF TAUNTON. 

An Accompt presented by Nathaniel Byfield Esq"" of the Time & R|fords^of the 
Expence of the Committee of the General Court, appointed to view council, xiv., 
the Town of Taunton &c. Amounting to the sum of £26. 11.7. Ih 

"Rpqrl (^ House Jour- 

^^^^^^ '^ nal, p. 65 (.Jan- 

Voted that five shillings per Diem be struck off from the first Article uar.v,i727); 
of Charge of Fifteen shillings per Diem, which reduces to £12. 10 The i'6o"chap"6!' ^" 
second Article of Fifty shillings for Coll. Byfields Man & Horse not 
allowed ; And 

Resolved that the sum of Seventeen Pounds sixteen shillings seven 
pence only be allowed, & that the same be paid by the Town of Taun- 
ton to Nathaniel Byfield Esq"" for him self & the rest of the Committee. 
\_Passed June 12. 



CHAPTER 51. 

ORDER IMPOWERING THO. PEGAN TO MAKE A SALE OF LAND. 

A Petition of Thomas Pegaii of Natick Indian Planter, Shewing Legislative 
That he has raised the Frame of a House for his more comfortable ^ouncif xiv!^^ 
Living in his old Age, but is not capable to carry on & finish it 75. 
without selling some of his Laud, And therefore Praying for Libert}^ House .Jour- 
to sell six Acres of Swamp Land in the Commons of the said Town ^^^' ^' ^^' 
belonging to him, which is of no great Use to him as it lies. 

Read & 

Ordered that the Prayer of the Petition be granted ; & the Petitioner 
is allowed & impowered to make Sale of the said six Acres of Land 
accordingly ; And M'' John Death is desired to see that Justice be done 
to the said Thomas Pegan in the Sale of the Laud, & that it be not 



318 Province Laws (Besolves, etc.). — 1728-29. [Chaps. 52-54.] 

undersold, & that the Produce thereof be by him disposed of in the 
most prudent way & method for finishing the said Pegans House. 
[^Passed June 12. 



CHAPTER 52. 

ORDER ALLOWING ISRAEL RUMNEY MARSH TO MAKE AN EXCHANGE 

OF LAND. 



Legislative 
Records of tlie 
Council, xiv., 
la. 

House Jour- 
nal, pp. 31), 31. 



A Petition of Israel Rumney Marsh of Natick Indian Planter Pray- 
ing that he may be allowed to exchange twenty Acres of Land, which 
is remote from him for six Acres of Meadow Land belonging to Eleazar 
Fairbanks Jun"^ of Sherburn which is choice Land & lies adjoining to 
his own Homestead & will be very beneficial to him. 

Read & 

Ordered that the Prayer of the Petition be granted, & that Mess" 
John Death & Josiah Kingsberry be desired to see that the said Elea- 
zar Fairbanks pay so much as they shall judge indifferently the twenty 
Acres to be worth more than the six ; & that they be also impowered 
&. desired to pay the same to the said Israel Rumney marsh as his 
necessities call for it. \_Passed June 12. 



Legislative 
Records of the 
Council, xiv., 

77. 

House .Jour- 
nal, p. 83. 



CHAPTER 53. 

RESOLVE ALLOWING PAYMENT ON CASTLE WILLIAM MUSTER ROLL. 

A Muster Roll of the Company in his Majestys Service at Castle 
William under the Command of the Hon''''' William Dummer Escf Con- 
taining an Aceompt of Wages due to the said Garrison for their Ser- 
vice from the 20"' of Novem"" 1727, to the 19"' of May 1728, Amounting 
to the Sum of £527. 7. 

[Read and Accepted and] 

Resolved that the sum of Five hundred & twenty six Pounds fifteen 
shillings ^ be allowed & paid out of the publick Treasury to the Hon''''' 
William Dummer Esq'' & the other Otlicers & Soldiers born on this 
Roll, to whom the same is due in full Discharge thereof. \_Passed 
June 13. 



CHAPTER 54. 



Legislative 
Records of the 
Council, xiv., 

77. 

House Jour- 
nal, p. 31. 
Province 
Laws, ii., 487. 



VOTE FOR MAKING £10,000 IN BILLS OF CREDIT. 

Resolved that the Committee that made the last Bills be & hereby are 
directed to print off & finish as soon as may be the sum of Ten thousand 
Pounds from the Plate of the middle Denomination, & deliver the same 
when finished to the Treasurer of this Pi'ovince, taking his Receipt for 
them. The said Committee to be paid for that service as for the Bills last 
made, & the Bills to be issued ont as this Court shall order. \_Passed 
June 13. 

' The House Journal reads, £527. 5. 9. 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1728-29. 319 



CHAPTEK B^, 

RESOLVE ALLOWING PAYMENT OF CPT: JOS. HEATHS MUSTER ROLL 

& ACC''. 

A Muster Roll of the Company in his Majestys Sei'vice at Richmond K*:?'®'i*^\°ti 
Fort under the Command of Cpt. Joseph Heath, Containing an Accompt Council, xiv., 

of Wages due to them for their Service from Decem"" 21. 1727, to June TL 

12. 1728, Amounting to the sum of £369. 17. 7 together with an Ac- ^^^''j® g" Vjan. 
compt of the Charge of building a Gundaloe according to Order for the uarV, 1727) ; 
Service of the said Fort, Amounting to the sum of £16. 11. 5. ^■*^^" 

[Read and Accepted and] 

Resolved, that the sum of Three hundred & sixty nine Pounds seven- 
teen shillings & seven pence be allowed & paid out of the publick Treas- 
ury to Cpt. Joseph Heath, to be by him paid to the Officers &, Soldiers 
born on this Roll to whom the same is respectively due in full discharge 
thereof. And that the further sum of Sixteen Pounds eleven shillings & 
five pence be allowed & paid out of the publick Treasury to Cpt. Joseph 
Heath in full for the Gundaloe by him lately built for the Service of the 
Province. \_Passed June 13. 



CHAPTER 5Q. 

VOTE CONFIRMING 500 ACRES OF LAND TO CPT. JOHN KING. 

A Petitiot^ of Cpt. John King of Taunton, Shewing that in the Legislative 
Year 1721, he purchased a Tract of Land, containing Five hundred comu'i'f xu*!^^ 
Acres of one Haskall lying in the Town of Killingsly in the Colony 77. Mass. 
of Connecticut which has since proved to be the Five hundred Acres 00x1117.^21). 
formerly laid out by this Court to satisfy a Grant to M"" John Collins, ^^i[^_ 
but now of right belongs to the Province ; And forasmuch as the Pe- Archives, 
titioner has laid out in Buildings & other Improvem" Five hundred House Jour- 
Pounds, & the said Haskall of whom he purchased is unable to respond '^nte'-.f^Q 
the Damages, Therefore Praying that he may be allowed to purchase chap! 26. 
the Right of the Province to the said Lands at a moderate Rate. 

Read and in Answer to this Petition 

Voted that there be and hereby is given granted & Confirmed to the 
said John King his Heirs and assigns for Ever to have and to hold All 
the Right Title Interest and Estate of this province which they have or 
ought to have in and unto the P^'ive hundred Acres of Land above men- 
tioned upon his the said John King's paying into the pi'ovince Treasury 
the SiJm of One hundred & Fifty pounds. \_Passed June 13. 



CHAPTER 57. 

RESOLVE HOLDING TREASURER TO ACCOUNT FOR £6,059. 3. 2. 

An Accompt presented by M'' Treasurer Allen of the Peltry Trade Legislative 
with the Eastern Indians from the 15*^ of Novem"" 1727, to the 19"^ of Records of the 
May 1728, The Stock in the Treasurers Hands being £6,059. 3. 2. 78°""" ' '^'^^" 
Read & Accepted, & House Jour- 

Resolved that the sum of Six thousand & fifty nine Pounds three nai. pp- 17, 24. 
shillings & two pence the Treasurer is further to account for. [Passed 
June 13. 



320 



Pbovince Laws (^Resolves, etc.). — 1728-29. [Chaps. 58-GO.] 



CHAPTEE 58. 

RESOLVE ALLOWING PAYMENT ON THE MUSTER ROLL OF THE GAR- 
RISON AT BRUNSWICK, AND A FURTHER SUM OF £5 TO BENJAMIN 
LARRABEE. 



Legislative 
Records of the 
Council, xiv., 

78. 

House Jour- 



A Muster Roll of the Garrison at his Majesty's Fort George at 
Brunswick nnder the Command of Cpt. Benjamin Larrabee, Contain- 
ing an Accompt of Wages due to them for their service from the IG"" 
of January 1727, to the lO"" of June 1728, Amounting to the sum of 
£139. 10. 10. 

And an Accompt of Wood provided by the said Benjamin Larrabee 
for the said Fort, Amounting to the sum of £5 Together with an Ac- 
compt presented by Cpt. William Woodside the former Commander, 
of the Carriage of Wood & Stores to the said Fort, Amounting to the 
sum of £4. 5. 

[Read and Accepted and] 

Resoloed that the sum of One hundred thirty seven Pounds sixteen 
shillings & nine pence be allowed & paid out of the publick Treasury 
to the said Benjamin Larrabee, to be by him paid to the Ofhcers & 
Soldiers born on this Roll to whom the same is respectively due in 
full discharge thereof ; And that the further sum of Four Pounds five 
shillings be allowed & paid out of the publick Treasury, to be by him 
paid to William Woodside in full for transporting Stores to the Garri- 
son at Brunswick ; And further that the sum of Five Pounds be allowed 
& paid out of the publick Treasury to the said Benjamin Larrabee in 
full for providing Wood for the Use of the Garrison. \_Passed June 13. 



CHAPTER 59. 

RESOLVE ALLOWING £73. 14. 1 FOR THE REPAIRS AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xiv., 

79. 

House .Jour- 
nal, pp. 28, 33. 



An Accompt presented by Lieut. John Larrabee of sundry Repairs 
at his Majestys Castle William, Amounting to the sum of £73. 14. 1. 

[Read and] 

Resolved that the sum of Seventy three Pounds fourteen shillings^ be 
allowed & paid out of the publick Treasury to the said John Larrabee, 
to be by him paid to the Persons to whom it is respectively due in full 
discharge thereof. \_Passed June 13. 



CHAPTER 60 



ORDER IMPOWERING DEB. ROBBIN TO BRING AN ACTION. 



Legislative 
Record.s of the 
Council, xiv., 
76. 

House Jour- 
nal, p. 38. 



A Petition of Deborah Robin an Indian Woman of Harwich, Setting 
forth that her Uncle Paul Noose in the Year 1709, by a good Deed of 
Gift, gave to her & her Heirs & Assigns forever ten Acres of Land in 
the Island of Nantucket, & afterwards one Bariah Broadbroke of Har- 
wich sold to the Petitioner & her Husband Samuel Robin ten Acres of 
Upland in Harwich aforesaid by way of Exchange for the first mentioned 
ten Acres ; Which Deed of the said Broadbroke is not made to her «& 
her Heirs as it ought to have been, but her Husbands Name is therein 

1 The House Journal reads, £73. 14. 1. 



[1st Sess.] Province Laws (Besolves, etc.). — 1728-29. 321 

artfully inserted, That one Jonathan Small hath illogally entered upon 
& taken possession of the said Ijand at Ilarwicli, & utterly refuses to 
deliver it up, altho he hath no manner of Right to the same. And the 
Petitioners Husband hath many years ago forsaken her & married two 
other Wives, & refuses to join with iier in an Action for the Recovery 
of her Right; And therefore Praying that she may be impowered by 
this Court to bring her Action of Trespass & Ejectment for the Recov- 
ery of the Premisses in her own Name. 

Read & 

Ordered that the Petitioner be & hereby is impowered to bring for- 
ward, & to prosecute to Effect in the Law in her own Name an Action 
for Recovery of the ten Acres of Land in Harwich mentioned in the 
Petition at the Courts in the County of Barnstable (in which the Land 
lies,) the Land if recovered to be for the Use and Behoof of those to 
whom of right it belongs ; Any Law, Usage or Custom to the contrary 
notwithstanding. [^Passed June 14.^ 



CHAPTER 61. 

RESOLVE FOR EMITTING £16,000 IN BILLS OF CREDIT. 

Resolved that the Treasurer be & hereby is impowered & directed to Legislative 
issue forth & emit the sum of Sixteen thousand Pounds in Bills of Credit ^ounc*if xw!^^ 
on this Province for the necessary Support & Defence of this Governm' so. 
& the Protection & Preservation of the Inhabitants thereof ; The said House Jour- 
Sixteen thousand Pounds being already in the hands of the Treasurer, province 
& received for Taxes, Impost &c, to be issued out & disposed of by Laws, ii., 523. 
Warrant under the hand of the Lieut. Governor or Commander in Chief 
for the time being with the Advice & Consent of the Council ; Fifteen 
thousand five hundred Pounds whereof shall be applied for the Uses, 
Intents & Purposes in this Resolve hereafter expressed ; viz. For the 
Payment of all Grants, Premiums, Stipends established by Law ; for 
the defraying & paying the Charges of Castle William, & the other 
Forts & Garrisons, Transports, Muster Rolls of Soldiers & Sailors, 
Allowances &c, and all other Accompts of Charges allowed & pass'd 
on for Payment by this Court : And that the sum of Five hundred 
Pounds being the Residue & remaining Part of the said Sixteen thou- 
sand Pounds shall be applied for the Payment of Expresses dispatched 
in the Service of this Government in the Recess of this Court, together 
with all necessary unforeseen Charges that demand prompt payment, 
■which shall arise in the Recess of this Court as afore said ; Provided 
alwaj's that the several Draughts made upon the Treasurer as afore 
said express & declare out of which of the two several sums afore 
mentioned the Money is to be paid : And the said Bills shall pass out 
of the Treasury at the Value therein expressed equivalent to Money, 
& shall be so taken & accepted in all publick Payments : And the 

Duties of Impost & Excise together with all the other publick Incomes 
shall be a Fund & Security for the Payment & Drawing in the said 
Bills into the Treasury again so far as the same will reach ; And 

as a further Fund & Security for the same. 

It is further 

Resolved that there be & hereby is granted unto his most Excellent 
Majesty for the Ends & Uses aforesaid, & for no other Ends & Uses 
whatsoever a Tax of Sixteen thousand Pounds upon Polls & Estates 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 12. 



322 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 62-64.] 



both real & personal within this Province according to such Rules & 
in such Proportion upon the several Towns & Districts witliin the same 
as shall be agreed upon & Ordered by the Great & General Court or 
Assembly of this Province at their Session in May One thousand seven 
hundred & thirty eight and paid into the publick Treasury on or before 
the last Day of December next after. [_Passed June 14. 



CHAPTER 62. 



Legislative 
Records of the 
Council, xiv., 
82^ 

House Jour- 
nal, p. 35. 
Ante, p. 163, 
Chap. 7'2. 



RESOLVE ALLOWING £12 TO CORNELIUS HALL. 

A Petition of Cornelius Hall Praying for some further Allowance 
from this Court in consideration of his being shot in the Leg during 
his being in the Service Eastward by which wounds he is in a great 
measure rendered unable to labour for his support 

Read & In answer to this Petition, 

Resolved that the sum of Twelve Pounds be allowed & paid out of 
the publick Treasury to the Petitioner Cornelius Hall in consideration 
of his Loss of time occasioned by his AVound received in his Majestys 
Service as within mentioned. [^Passed June 14. 



CHAPTER 63. 

VOTE APPOINTING A COMM^ee tO SELL PROVINCE LAND NEAR MAN- 

CHAUG POND. 



Legislative 
Records of the 
Council, xiv., 

82^ 

House Jour, 
nal, p. 34. 
Ante, p. 153, 
Chap. 46. 



On the Plat of 234 Acres of Province Land lying near Manchaug 
Pond & Farm & the Town of Sutton, surveyed by John Chandler Esq'' 

In the House of Represent""' Read & 

Voted that AVilliam Dudley Esq' &, W Lewis with such as shall be 
appointed by the Hon'''" Board, be a Committee in the Name of this 
Court to make Sale of the said Land to the highest Bidder at the 
House of ]M" Rebecca Holmes, the Committee to give convenient 
publick Notice of the Time & Place of Sale; And that they be & 
hereby are impowered to execute a good Deed or Deeds of Convey- 
ance of the Premisses ; The Produce thereof to be returned into the 
publick Treasury. 

In Council ; Read & Concur'd ; And Nathaniel Byfield Esq' is joined 
in the Affair. \_Passed June 14. ' 



CHAPTER 64. 



Legislative 
Records of the 
Council, xiv., 
83. 

House Jour- 
nal, p. 37. 
Province 
Laws, ii., 241, 
chap. 1. 



ORDER ALLOWING PAYMENT OF £13. 1. 8 TO JOSEPH HAWLEY 
TREAS« OF HAMPSHIRE. 



CO. 



A Petition of Joseph Hawley Treasurer of the County of Hampshire 
Praying that the Province Treasurer may be directed to reimburse the 
said County Treasury the sum of Thirteen Pounds one shilling & eight 
pence for so much paid in May 1727, as a Premium for three Pieces of 
Linen Cloth (manufactured there) by Order of the General Sessions of 
the Peace ; the Treasurer refusing to pay the said Money, because the 
Act for allowing it was expired before the Order of the Session came 
to his hands 



[1st Sess.] Province Laws (Resolves, etc.). — 1728-29. 323 

Read & 

Ordered that the Treasurer be be^ directed to pay to the Memorialist 
the sum of Thirteen Pounds one shilling & eight pence to reimburse the 
Treasury of the County of Hampshire in the said sum advanced by them 
as within mentioned. [Passed June 14. 



CHAPTER Q5. 

VOTE IMPOWERING WAITAWHILE HUBBART TO SELL LAND. 

A Petition of Waitawhile Hubbart one of the Children of John Legislative 
Cobbet of Boston Dec<^ Shewing that her Husband William Hubbart councif,x*vl!® 
has been gone to Sea above three years & wholly neglects to do any 83. 
thing for her Support or the Support of her Child, & has not so much House Jour- 
as written to her since he left her, so that she is reduced to great °^i. p-37. 
Straits for Necessaries of Life, Praying that she may be impowered 
to make Sale of her Right (which is one fifth Part) of a Farm, which 
belonged to her said Father John Cobbet, lying in the Town of Haver- 
hill that so she may be enabled to support her self & Child. 

Read [and Accepted] & 

Voted that the Prayer of the Petition be granted, & the Petitioner is 
allowed & impowered to make Sale of one Fifth Part of the Farm within 
mention'd for the support of herself & Child. \_Passed June 14. 



CHAPTER QQ. 

ORDER ANNEXING THE FARM OF SAMi- RICH TO THE TOWN OF 

SUTTON. 

A Petition of Samuel Rich, Shewing that the Farm on which he Legislative 
lives lies contiguous to the Town of Sutton within the County of Suf- councif xiv*^® 
folk. Praying that his said Farm may be annexed to the said Town 84. 
of Sutton & made a Part thereof, & that he may enjoy equal Privi- House Jour- 
leges with other Inhabitants of the said Town. nai, p. 3s. 

Read & 

Ordered that the Prayer of the Petition be granted, & the Petitioner 
with his Family & the Farm he dwells on is hereby annexed to & ac- 
counted a Part of the Town of Sutton, & the Petitioner is to do Duty & 
enjoy Privileges with the Inhabitants of Sutton for the future. \_Passed 
Jane 14. 



CHAPTER 67. 

RESOLVE ALLOWING £38. -i. 4 TO SHER. WINSLOW. 

An Accompt presented by Edward Winslow Esq"" Sheriff of the Legislative 
County of Suffolk, of Expences on the Anniversary Day of his Maj- ? '^^°^'?f ".* ^'^^ 
estys Accession, by Order of the General Court, Amounting to the 84. '' '' 

sum of £38. 4. 4. House Jour- 

[Read audi T':P-^*o,o 

Resolved that the sum of Thirty eight Pounds four shillings «fe four chap! 37. 

J Sic. 



324 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 68-70.] 



pence be allowed & paid out of the publick Treasury to the Accompt- 
ant Edward Wiuslow Esq"^ to be by him paid to w^hom it is due iu full 
discharge thereof. \_Fassed June 14. 



CHAPTER (SS. 



ORDER OF NOTICE ON W^ JENNISONS PET^on THAT CERTAIN TOWNS 
BE SET OFF FROM SUFFOLK AND MIDDLESEX. 



Legislative 
Records of the 
Council, xlv., 
84^ 

House Jour- 
nal, p. 37. 



A Petition of William Jennison, Represent''^ of the Town of Worces- 
ter, for him self & the Inhabitants of the Westerly Towns within the 
Counties of Suffolk, & Middlesex, Setting forth the great difficulties 
which they labour under by reason of their great distance from the 
Shire Towns of their respective Counties, & their commodious situa- 
tion for composing a separate & distinct Count3% And therefore Pray- 
ing that the said Towns (particularly enumerated in the [following 
paragraph and in the] Petition) may be erected into a separate County ; 
The Shire Town to be as this Court shall order. 

Read & Refer'd to the next Fall Session, And that in the mean time 
the Petitioner serve the Towns of INIarlboro, Lancaster, Groton, Men- 
don, Woodstock, Oxford, Worcester, Brookfield, Leicester, Westboro. 
Shrewsbury, Rutland, Sutton, Southboro & Uxbridge with Copies of 
this Petition, that the}' then shew cause why the Prayer thereof should 
not be granted. \_Passed June 14. 



Legislative 
Records of the 
Council, xlv., 

S4. 

House Jour- 
nal, p. 36. 



CHAPTER 69. 

ORDER IMPOWERING THE SELECT MEN OF BOSTON TO ERECT HOS- 
PITAL BUILDINGS. 

A Memorial of the Selectmen of the Town of Boston, Proposing 
that a convenient House of one Room on a Floor two Stories high be 
erected on the Province Land near the Hospital on Spectacle Island, 
for the Reception of the Companj^ or Passengers belonging to infec- 
tious Vessels that are them selves in Health, & that a slight Shed may 
be built for receiving such valuable Goods taken out of the infectious 
Vessels as may suffer Damage by lying abroad. 

Read & 

Ordered that the Prayer of the Petition be granted, & the Petition" 
are allowed & impowered to erect & finish the Buildings within men- 
tioned, & Iny an Accompt of the Charge before this Court. \_Passed 
June 14. 



CHAPTER 70. 



ORDER REFERRING AND APPOINTING A COMMITTEE ON THE PETITION 
OF THE INHABITANTS OF MEDFIELD FOR A NEW TOWN. 



Srds'of the ^ PETITION of Sundry Inhabitants of the Town of Medfield & others 

Council, xiv., Praying that a Tract of Land h'ing between the Towns of Oxford, Brim- 

ArcMves^,' field & Brookfield, & the Province Line may be granted to them for a 

cxiii., 728. Township the adjacent Farm to be added thereunto. 



[1st Sess.] Province Laws {Resolves, etc.). — 1728-29. 325 

Read and Irc^iy^s, 

Ordered That this petition be referred to the next Fall Session and cxiii., 726. 
that in the Mean time Coll Thaxter Major Tilestone and Muj'' Chandler "al^p® sy""'"' 
be a Committee to repair to the Lands petitioned for and described in 
the within plaun that they View and well Consider the Nature & Cir- 
cumstances of the said Land, & report their Opinion of what the Same 
may be worth at said session. \_Fassed June 14. 



CHAPTER 71. 

RESOLVE GRANTING TWO TOWNSHIPS TO THE NARRAGANSET SOL- 
DIERS. 

A Petition of Samuel Chandler & Jacob Wright in Behalf of them- Legislative 
selves &, a great Number of other Persons, Shewing that the General councif xiii.*^* 
Court of the late Colony of the Massachusets Bay in the Year 1685, 38i; xiv'., 86.' 
did in Answer to the Petition of divers Persons of the Towns of Hing- Archives, cxv., 
ham, Lyn, Reading, & Beverly grant them a Tract of Land in the Nip- "*'^- 



mug Countrey of eight Miles square for their Encouragem' & others that Mass. 

• • u ArciiivGB cxv 

were serviceable in the late Indian War; W^*^ Grant was not pursued 763,768,770.' '* 
to Effect, And for as much as the Petitioners were either personally nai^rf 23°^'^ 
present at the Fort & Plight at Narraganset or Descendants from those 
that were or in the strictest Alliance to them ; Therefoi'e Praying that 
a Grant may be made them of such vacant Lands as may serve the 
Petition" for Settlements under such Restrictions & Limitations as this 
Court shall judge fit. 

In answer to the petition of the Souldiers that Sarved in the Narra- 
gansett war. 

Resolved that maj" Chandler mr Edward Shove maj' Tilestou and Mr 
John Hobson or any three of them be a commitee full}' authorised and 
Impowered to survey and lay out two tracts of land for town ships of 
the Contents of Six miles Square Each in som of the unap[prop]riated 
lands of this province and that the said lands be granted and disposed 
of to the parsons wether officers or souldiers belonging to this province 
who wear in the service of their Cuntry in the said Narragansett War 
or to their lawfull Representitives as a reward for their publick ser- 
vice and is in full Satisfaction of the Grant formerly made them by 
the Great And General Court And And^ for as much as it is the full 
In tente and purpose of this Court that Every officer and souldier who 
served in the said war should have A Compensation Made him over 
And above what Wages and Gratuities any of Them have all Readey 
Received That publick Notice be Given in the News Letters And Ad- 
virtisements be posted up in Every Town in the province Notifying all 
parsons that Now Survive and that wear in that fight and the Leagall 
Representitives of those Deceased that they Give or send a list of their 
Names and Deecents to this Court in their Next fall sessions and when 
such List is Compleated by a Commitee then to be appointed by this 
Court the Grantees shall be obliged to assemble in as short atime as 
they Can Conveaniently not Exceeding six months and proceed to the 
Choice of a commitee to Regulate Each propriety who shall pass Such 
orders And Rules as will Efectualy Oblige them to Setle sixty familyes 
at least In Each town ship with alearned Ortherdox minister with in the 
space of seven year's from y*^ date of the Grant provided Never the Less 
that if the Said Grantees shall not Etfectualy setle the said Number of 
families in Each town ship and also lay out a lott for the said setled min- 

• Sic. 



326 



Province Laws (Besolves, etc.). — 17 2S-2d. [Chaps. 72, 73.] 



ister one for the niiuistrey and one for the Schoole In Each of the said 
townships they shall have no Advantage but forfit their said Grant Any 
thing to the Contrerary^ here in Contained Notwithstanding. {^Passed 
June 15. 



CHAPTER 72. 



ORDER IMPOWERING MARY SHARP TO BRING AN ACTION. 



Legislative 
Records of the 
' Council, xiv., 
87^ 

House Jour- 
nal, p. 38. 
Ante, p. 258, 
chap. 93. 



A Petition of Mary Sharp of Kingston in the Island of Jamaica by 
her Attorney Cpt. Wentworth Paxton, Shelving that whereas she was 
impowered by an Order of this Court to contest an Accompt of Rents 
given in by Benjamin Gallop at the Superior Court held at Boston in 
Febry. last, her said Attorney thro Mistake neglected to take out a 
Writ of Review against the said Gallop, Imagining that the Cause 
would go on upon the first Writ, & attended the Court in that Ex- 
pectation, And therefore Praying for a Renewal of the said Order, as 
the Exigency of the said Case still requires. 

Read"& 

Ordered that the Prayer of the Petition be granted ; & the Petitioner 
is allowed to contest in the Law at the next Superior Court of Judica- 
ture, to be holden for the County of Suffolk the said Accompt of Rents 
of the said Messuage ; And the Justices of the said Court are impowered 
& directed to hear and determine the same enter up Judgment & award 
Execution accordingly ; Any Law, Usage or Custom to the contrary not- 
withstanding. \_Fassed June 15. 



CHAPTEE 73. 

ORDER OF NOTICE ON THE PETITION OF THE NORTH EAST INHAB^s 

OF WOBURN. 



Legislative 
Records of the 
Council, xiv., 

88^^ 

House Jour- 
nal, p. 42. 



A Petition of Samuel Eams & others Inhabitants of the North east 
Part of Woburn commonly called Goshen, with some of the Inhabitants 
of Reading, Setting forth their Difficulties b}' reason of their distance 
from the Places of publick Worship, & Praying that the}' may be erected 
into a separate & distinct Precinct. 

In Council ; Read & 

Ordered that the Prayer of the Petition be so far granted, as that 
Jonathan Dowse Esq'' with such as shall be appointed by the Hon'''' 
House of Represent'*"' be a Committee to view the Town of Woburn, 
& consider the Situation & Circumstances of the North easterly In- 
habitants there, giving Notice to the Select men at least fourteen days 
before the time of their going thither ; & that they make Report to 
this Court at the next Fall Session, what they think proper to be done 
in Answer to this Petition : In the House of Represent""' Read «& 

Non Concur'd ; «& 

Ordered that the Petitioners serve the Towns of Woburn &, Reading 
w"^ Copies of this Petition, that they shew cause on the first Fryday of 
the next Fall Session wh}'^ the Prayer thereof should not be granted ; 
And that the Petition be refer'd in the mean time accordingly 

In Council ; Read & Concur'd. \_Passed June 17. 

» Sic. 



[1st Sess.] Province Laws {Resolves, e^c). — 1728-29. 327 



CHAPTER 74. 

VOTE IMPOWERING CPT. JOHN KING TO TAKE OUT A PATENT FOR 500 

ACRES OF LAND. 

Voted that Cpt. John King of Taunton the Assign of this Province Legislative 
for Five hundred Acres of Land lying in Killingley in the Colony of couuc*if, xiv!!^ 

Connecticut formerly laid out by this Governm' to satisfy a Grant to '■^ 

M'' John Collins of London be & hereby is fully impowered to apply House Jour- 
for & obtain a Patent or Confirmation of said Land from the Goverm' ^nte,'y.h% 
of the Colony of Connecticut in his own Name, & to & for the sole chap. 56. 
Use, Benefit & Behoof of him the said John King, his Heirs & Assigns 
for ever; The Charge to be born by the said King. \_Passed June 18. 



CHAPTER 75. 

RESOLVE ALLOWING £10 TO JETHRO HARRY. 

A Petition of Jethro Harry an old Indian of Mashpee Praying for Legislative 
an Allowance from this Court for his Wounds received in the Nar- counciuxiv!!^ 
raganset War, which are still very painful to him, & he is without 90- 
means of supporting him self & his Wife, who is almost blind with House Jour- 
Age. __ -^'P-^^- 

Read & In answer to this Petition, 

Resolved that the sum of Ten Pounds be allowed & paid out of the 
publick Treasury to Ezra Bourn Esq' for the Use of the said Jethro 
Harry, & his Wife to be disposed of as their Necessities call for. 
\_Passed June 18. 



CHAPTER 76. 

RESOLVE ALLOWING £400 TO THE LIEUT. GOVERNOR. 

Resolved that the sum of Four hundred Pounds be allowed & paid r^^^^I?'^^^? tj. 
out of the publick Treasury to His Honour William Dummer Esq"" councn.xiv., 

Lieutenan[t] Governor & Commander in Chief of this His Majestys ^ 

Province for his support to enable him to manage the Affairs of the ^aTrf if'^' 
Government. \_Passed June 18. 



CHAPTER 77. 



RESOLVE ALLOWING £70 TO THE SECRY, AND A FURTHER SUM OF 
£30 FOR SUNDRY SERVICES. 

Resolved that the sum of Seventy Pounds be allowed & paid out of ^^^i^^^^i^e ^ 

_ jAiGCorcls or rhG 

the publick Treasury to Josiah Willard Esq'' Secretary of this Province Council, xiv., 

for his extraordinary Service the last Half year ; And that the further ^^ 

Sum of Thirty Pounds be allowed &, paid out of the publick Treasury ^^T^^^g^^^' 
to the said Josiah Willard in Consideration of the publick Affairs at 
this time calling for sundry things to pass that Office necessarily re- 
quiring a more strict Attendance from him to effect those Matters, 
many of which have no stated Fee or Allowance. \_Passed June 18. 



328 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 78-82.] 



CHAPTER 78. 



Legislative 
Records of the 
Council, xiv., 
90^ 

House Jour- 
nal, pp. 44, 45. 



RESOLVE ALLOWING £300 TO THE JUDGES. 

Resolved that the sum of Three hundred Pounds be allowed «fe paid 
out of the publick Treasury to the Hon'''^ the Justices of his Majestys 
Superior Court of Judicature &c in proportion to the Courts they have 
attended the last Half Year. [Passed June 18. 



CHAPTER 79. 



RESOLVE ALLOWING £360 TO THE PRESID'^ OF THE COLLEGE. 



Legislative 
Records of the 
Council, xiv., 
90. 

House Jour- 
nal, p. 45. 



Resolved that the sum of Three Hundred & sixty Pounds be allowed 
& paid out of the publick Treasury to the Rev'' M'' Benjamin Wadsworth 
Presid' of Harvard College, to enable him to manage the weighty & im- 
portant Affairs of that Society the Year Currant, The Money to be paid 
him Quarterly. \_Passed June 18. 



Legislative 
Records of the 
Council, xiv., 
91^ 

House Jour- 
nal, p. 45. 



Legislative 
Records of the 
Council, xiv., 
91. 

House Jour- 
nal, p. 45. 



CHAPTER 80. 

RESOLVE ALLOWING £250 TO THE TREAS^. 

Resolved that the Sum of Two hundred &, fifty Pounds be allowed 
& paid out of the publick Treasury to Jeremiah Allen Esq' Treasurer 
of this Province for his Service the year past in the Treasury &c. 
\_Passed June 18. 



CHAPTER 81. 



RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER OF THE HOUSE. 

Resolved that there be allowed & paid out of the publick Treasury 
after the rate of Four shillings per Diem for every da}' of the present 
Sessions of this Court upon Certificate from the Clerk of the House to 
the Hon"'' William Dudley P2sq' Speaker in consideration of his con- 
stant Application in dispatching the publick Affairs of the Province. 
\_Passed June 18. 



CHAPTER 82. 



RESOLVE ALLOWING £30 TO THE CLERK OF THE HOUSE. 

Records'of the Resolved that the sum of Thirty Pounds be allowed & paid out of 
Council, xiv., the publick Treasury to John AYainwright Esq' Clerk of the House, in 
— — Part for his Service the Year Currant. [Passed June 18. 

House -Jour- 
nal, p. 45. 



[1st Sess.] Province Laws {Resolves, etc.). — 1728-29. 329 



CHAPTER 83. 

ORDER OF NOTICE ON THE PETITION OF DIVERS INHAB'^s oF CONCORD 
& BILLERICA FOR A NEW TOWN. 

A Petition of Andrew Watkins & John Wilkins & John Wilson & Klf^rKnhe 
a considerable Number of others, Setting forth their great Difficulties council, xiv., 
by reason of their Distance from the Meeting houses in the Towns ^^' 



of Concord & Billerica, to which they belong, & that they have been ^^Trf u^^ 
necessitated to get a Minister among them for the Winter Season, And 
therefore Praying that they may be set off a separate Township. 

Read & 

Ordered that this Petition be refer'd to the next Session for further 
Consideration ; & that in the mean time the Petitioners serve the Towns 
of Billerica & Lexington with Copies of the Petition, that they shew 
Cause, if any they have, why the Prayer thereof sh"* not be granted. 
\_Passed June 18. 



CHAPTER 84. 

RESOLVE ALLOWING £40 TO THE DOOR KEEPER. 

Resolved that the sum of Forty Pounds be allowed & paid out of the Legislative 

publick Treasury to M' Richard Hubbard Door Keeper to his Honour coundf, x^iv!",^ 

the Lieuten' Governor & this Court for his service half a Year, which 92^ 

will determine the nineteenth of August next. [Passed June 19. House Jour- 

° "- nal, p. 45. 



CHAPTER 85. 

REPORT ON THE AFFAIR OF TURKEY HILLS ACCEPTED. 

The Committee appointed to examine the Accompts & other Papers Legislative 
given in by the Committee for Turkey Hills, having attended that Affair councif xiv!^** 
and seen & examined the Persons that they found necessary to be ex- 02. 
amined upon Oath, together with the Papers in order to a full Under- Legislative 
standing of the same, Are of Opinion That the Committee for the two councif xw!^^ 
new Towns at Turkey Hills in transferring Lots without Order or Leave 68, 69. House 
from the General Court, as also in granting Persons new Lots in Ex- Ante, p. '267, 
change for those they first drew exceeded their Power, given them by chap. 120. 
Order of the Court, & tended to obstruct the Settlement of the said new 
Towns. 

That on the Account of the Transfers aforesaid there were given or 
paid to the Committee by the Grantees (sometimes to the Use of the 
whole Committee, at other times to the Use of the Major Part) unrea- 
sonable & excessive sums of Money ; & that they have never given the 
Propriety Credit in any of their Accompts therefor : But inas much as 
the Gentlemen of the said Comm'*''^ do not appear to have been equally 
concerned in all the Transactions relating to the Settlement of the said 
new Towns, We find it necessary to distinguish them in the following 
Manner; viz. 

It appears to us, that in making the several Transfers for Lots (for 
which there was received by their own Acknowledgem' near One hun- 
dred & fifty Pounds) the whole Committee did allow thereof, & direct 



330 



Province Laws {Resolves, etc.). — 1728-29. [Chap. 8G.] 



the Price of Twenty shillings therefor ; But we do not find that Coll. 
Tailer or Coll. Thaxter were present at the Receipt of such Moneys 
saving at one or two Meetings. 

It further appears that in granting new Lots to Persons in Exchange 
for those they first drew, there was received of the Grantees (soine- 
tinies by one of the Committee & sometimes by an other) considerable 
sums of Money before any Service was done ; AVhich seemed to be rather 
by way of Gratuity for Favours to be done in the said Exchanges than 
as Wages for the Service it self ; but it doth not appear to us, that Coll. 
Tailer or Coll. Thaxter were concerned in such Exchanges ; That the 
said Committees declaring the Forfeiture of several Lots & selling them 
at discretion for large sums of Money was beyond their Power, & what 
therefore they cannot regularly do without the further & special Direc- 
tion of the General Court: That the Committees Accompts of 
Money ; received & paid be within six months made up and adjusted, 
& the Money paid in to the Treasurer of the Province : 

That the South Town be vested with the Powers & Privileges which 
other Towns have & do by Law enjo}^ & that those Grantees whose ^ 
Lots are yet unsettled, & shall neglect to settle the same for the space 
of twelve months shall be liable to have their Lots disposed of by the 
Town to other Persons that shall appear to settle the same : Tiiat 

the North 'Lown Grantees assemble them selves as soon as may be, 
& chuse a Committee to proceed in the further Settlement of the said 
Town & report their Choice to this Court at their next Session for their 
Approbation & further Direction. 

That the whole Charge of the Committee in Attendance on the Gen- 
eral Court, drawing their Accompts «& other Expences ought not to be 
born by the two Towns, & that their Accompts be reformed accord- 
ingly : That the whole Cost & Charges of the Attendance of 
Witnesses summoned by Order of the General Court shall be paid by 
Francis Fulham Esq"" & Mess" Benjamin Whittamore & John Shipley 
out of the sums they have received for Transfers & Exchanges : That 
the several Bonds taken by the Committee of the Grantees of the for- 
feited Lots be lodged with the Secretary, to be by him delivered up to 
several Obligors who executed the same ; & that the said Committee 
have Credit given them in their Books of Accompts for the said Bonds 
accordingly : By Order of the Comm'^'' 

Tho. Fitch 

Read & 

Ordered that this Report be accepted. [^Passed June 19. 



CHAPTER 86. 



Legislative 
Records of the 
Council, xiv., 
93. 

House Jour- 
nal, p. 47. 
Ante, p. 266, 
chap. 114. 
Post, p. 333, 
chap. 95. 



VOTE IMPOWERING THE TREASURER TO PURCHASE GOODS FOR TRADE 
WITH THE WESTERN INDIANS. 

Resolved that the Treasurer be directed to purchase A suitable Quan- 
tity of European & West India Goods (as Rum, Sugar & Molasses) fit 
for supplying the AYesteru Indians &for procuring necessary Provisions, 
not exceeding in the whole One thousand Pounds, & take effectual Care 
that the said Goods be transported to & lodged at the Truck house above 
Northfield on Connecticut River, to be under the Care & Disposition of 
a Truck master to be chosen by this Court ; who shall be directed to pro- 
cure in the County of Hampshire sufficient Quantities of Provisions with 



■ "Whole," in the Secretary's copy, but "whose," in the State Library copy, Legisla- 
tive Records of the Council, xiv., 104." 



[1st Sess.] Province Laws (Jiesolves, etc.). — 1728-29. 331 

part of the aforesaid sum of One thousand Pounds ; And that Fifty per 
Cent, be advanced on the Rum, Sugar & Molasses, & Twenty five per 
Cent, on the European Goods ; And the Truck master in disposing of 
the Peltry shall follow such Orders as shall be given him by this Court. 
[^Passed June 19. 



CHAPTER 87. 

RESOLVE ALLOWING £413 TO JN^ LYDIUS. 

An Acc"' sent by John Lydius of Mount Royal in Canada of Moneys Legislative 
supplied Cpt. Joseph Kellog in his Negotiation for purchasing Prisoners, councif, xiv.'* 

Expences &c. Amounting to 2,480 Liveres & 7V2 Sols. ^ 

[Read and Accepted and] Su'^^^46^' 

Resoloed that the sum of Four hundred & thirteen Pounds be allowed ^Anu,'^,. 273, 
& paid out of the publick Treasury [to] ^ M'- Jacob Wendell to be by ^I'^^P; ^^top. 88. 
him transmitted to M' John H Lydius Merchant in Mount Royal in " ' 
Silver Money, according to the Contract made with him by Cpt. Joseph 
Kellog. \_Passed Jane 19. 



CHAPTER 88. 

RESOLVE ALLOWING £48. 8. 8 TO COLL. JlSfO SCHUYLER. 

An Accompt of Money, Bisket, Tobacco &c taken up by Cpt. Joseph ^|fo^i.d"of the 
Kellog of Coll. John Schuyler, Amounting to the sum of £40. 8. 8. Council, xiv., 

[Read and Accepted and] — 

Resolved that the sum of Forty eight Pounds eight shillings & eight House Jour- 
pence - be allowed & paid out of the publick Treasury to M"" Jacob "Wen- Suprd, chap, 
dell in full discharge thereof. ^Passed June 19. chapfsg."' 



CHAPTER 89. 

RESOLVE ALLOWING £32L 9. 6 TO CPT. JOS. KELLOG. 

An Accompt presented by Cpt. Joseph Kellog of Wages for him self ^If^rds^of the 
& Company in their Journey to Canada together with the said Kellogs couucii, xiv., 

Expences from Boston to Westfield, Amounting to the sum of £321. 9. 6. ^± 

[Read and Accepted and] naTp"! 46°''''" 

Resolved that the sum of Three hundred & twenty one Pounds nine suprd, ciiap. 
shillings & six pence be allowed & paid out of the publick Treasury to chapf '90."* 
the said Cpt. Joseph Kellog to be by [him] ^ repaid to the Persons to 
whom the same is respectively due in full discharge thereof. {^Passed 
■June 19. 

» Inserted from the State Library copy, Legislative Records of the Council, xiv., 106. 
" The House Journal reads, £40. 8. 8. 



332 



Pkovince Laws {Resolves, etc.). — 1728-29. [Chaps. 90-93.] 



CHAPTEK 90. 



Legislative 
Records of the 
Council, xiv., 
95^ 

House Jour- 
nal, p. 46. 
Ante, p. 281, 
chap. 154. 
Supra, chap. 
89. Infra, 
chap. 91. 



RESOLVE DISCHARGING CPT. JOS, KELLOGS ACC^ OF £iO ADVANCED 

TO HIM. 

An Accompt, presented by Cpt. Jos. Kellog of the Expenee of Forty 
Pounds advanced to him for the purchasing of Silver or Gold for his 
Charges till his Letters of Credit should take Effect in Canada 

Read & Accepted, & 

Resolved that Cpt. Joseph Kellog be discharged of the said sum of 
Forty Pounds accordingly. \_Passed June 19. 



CHAPTER 91. 



RESOLVE ALLOWING £4. 14. 2 TO CPT. JOS. KELLOG. 



Legislative 
Records of the 
Council, xiv., 
95^ 

House Jour- 
nal, p. 46. 
Supra, chap. 
90. 



An Accompt presented by Cpt. Joseph Kellog of his Expences from 
Albany to Westfield, Amounting to the sum of £4. 14. 2. 

[Read and Accepted and] 

Resolved that the sum of Four Pounds fourteen shillings & two pence 
be allowed & paid out of the publick Treasury to Cpt. Joseph Kellog 
in full discharge thereof. \_Passed June 19. 



CHAPTER 92. 



RESOLVE ALLOWING £18. 6. 8 TO THO. HANCOCK. 



Legislative 
Records of the 
Council, xiv., 
95^ 

House Jour- 
nal, p. 61. 



An Accompt presented by Thomas Hancock Stationer of Paper, 
Printing & Stitching the Rev'* M' Brecks Sermon, preached to the 
General Assembly on the last Election Day, Amounting to the sum 
of £18. 6. 8. 

[Read and] 

Resolved that the sum of Eighteen Pounds six shillings & eight 
pence be allowed & paid out of the publick Treasuiy to the Accompt- 
ant, Thomas Hancock in full discharge thereof, \_Passed June 19. 



CHAPTER 93. 

ORDER GRANTING TO RICH" BOURN AN EXTENSION OF TIME TO SUR- 

VEY LAND. 



Legislative 
Records of the 
Council, xiv., 
95. 

House Jour- 
nal, p. 47. 
Ante, p. 163, 
chap. 73. 



A Petition of Richard Bourn, Shewing that whereas this Court were 
pleased to grant him One hundred Acres of the unappropriated Lands, 
he returned a Plat of the said Quantity for Confirmation, but it was not 
allowed because of an irregular Figure, Therefore Praying that he may 
be allowed one year for surveying the said Hundred Acres of Land, & 
returning the same to this Court for Confirmation. 

Read & 

Ordered that the Prayer of the Petition be granted. \_Passed June 19. 



[1st Sess.] Province Laws (Besolves, etc.). — 1728-29. 333 



CHAPTER 94. 

ORDER OF NOTICE ON MOSES CURTIS'S PETITION TO BE SET OFF FROM 

STOUGHTON. 

A Petition of Moses Curtis of Stoughton Inn holder, Setting forth ^f^'Xof the 
his great Difficulties by reason of his being so remote from the Place Council,. \iv., 

of publick Worship in the said Town, & Praying that he & his Family — 

& P:state may be set off from Stoughton, & annexed to the Town of ^a'll'p! fe!*^' 
Brantree for which he is more commodiously situated. 

[Read and] Refer'd to the next Session & that in the mean time the 
Petitioner serve the Town of Stoughton with a Copy of the Petition, 
that they then shew cause why the Prayer thereof should not be granted. 
[Pa.ssed June 19. 



CHAPTER 95. 

CPT. JOS. KELLOG CHOSEN TRUCK MASTER. Legislative 

Records of the 
Council, xiv., 

This Day Cpt. Joseph Kellog was elected by Unanimous Vote of the 'J6^ 

Council & House of Represent™' to be Truck master at the Truck house House Jour- 
above Northfield. [Passed June 19. ^ntF,y.m, 

chap. 86. 



CHAPTER 96. 

RESOLVE ALLOWING £50. 7. 6 TO D^ GEO. PEMBERTON. 

An Accompt of D' George Pemberton Surgeon of the Garrison at ^If^rl^of the 
his Majestys Castle William of Medicines & Attendance from the 5"" Council, xiv., 
of Decem'' 1727, to the 9'^ of May 1728, Amounting to the sum of ^ 

■f^n 7 fi House Jour- 

^^"- '• '^- ^ nal,p.48. 

[Read and Accepted and] 

Resolved that the sum of Fifty Pounds seven shillings & six pence 
be allowed & paid out of the publick Treasury to D' George Pemberton 
in full Discharge thereof. \_Passed June 19. 



CHAPTER 97. 

RESOLVE ALLOWING PAYMENT OF LIEUT. TIM^ CHILDS MUSTER ROLL. 

A Muster Roll of the Company in his Majestys Service Westward ^®^'^|j"^f .jj 
under the Command of Lieut Timothy Child, Containing an Accompt council, xiv., 
of Wages from the 9* to the 29"' of April, Amounting to the sum of ^ . 

£S.5. 16. 9. House Jour- 

_ ^ nal, p. 46. 

[Read and Accepted and] 

Resolved that the sum of Eighty five Pounds sixteen shillings & nine 

pence be allowed & paid out of the publick Treasury to Cpt. Thomas 

Wells to be by him paid to the Officers & Soldiers born thereon, to 

whom the same is respectively due in full discharge thereof. \_Passed 

June 19. 



334. 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 98-101.] 



CHAPTER 98. 



Legislative 
Records of the 
Council, xlv., 
96^ 

House Jour- 
nal, p. 48. 



RESOLVE ALLOWING 50/ TO THO. RANDOLPH. 

An Accompt presented by Thomas Randolph ^ of transporting four 
Indians from Casco Bay to Boston, Amounting to the sum of £2. 10. 

[Read and] 

Resolved that the sum of Fifty shillings be allowed &. paid out of the 
publick Treasury to the Accomptant Thomas Randolph in full discharge 
thereof. [^Passed June 19. 



CHAPTER 99. 

RESOLVE DIRECTING THE TURKEY HILLS COMMITTEE TO PAY £5 TO 

JON^ WHITNEY. 

Legislative ^ PETITION of Jonathan Whitney Shewing that whereas he paid into 

Counco'xiv!!® the hands of the Committee for Turkey Hills the sum of Three- Pounds 

^ & gave Bond for £35 more, this Court has been pleased to order that 

House Jour. ^j^g Bouds given to the Committee by those that had forfeited their 
^niefp. 230, Lots should be given up, but have taken no Order for the Return of 
chap' 85*^"^'^''' *tie Money paid on the same Account, Therefore Praying that the said 

Committee may be directed to pay back the Five Pounds which they 

received of him on the Score of his Forfeiture. 
Read & 
Ordered that the Prayer of the Petition be granted. [Passed June 20.^ 



CHAPTER 100. 



Legislative 
Reeoriis of the 
Couucil, xiv., 
97^ 

House Jour- 
nal, p. 53. 
Ante, p. 333, 
chap. 95. 



RESOLVE ALLOWING £100 PER ANNUM FOR CPT. KELLOGS SALARY AS 
TRUCKMASTER & INTERPRETER. 

Resolved that there be allowed & paid out of the publick Treasury 
after the rate of One hundred Pounds per Annum to Cpt. Joseph Kel- 
log for his Service in officiating as Truck master at the Block house 
above Northfield, & as Interpreter in the Indian Affairs. \_Passed 
June 20. 



CHAPTER 101. 



Legislative 
Records of the 
Council, xiv., 
97^ 

House Jour- 
nal, p. 49. 



RESOLVE ALLOWING £3. 8 TO ARTH. NOBLE. 

A Memorial of Arthur Noble, Praying for an Allowance for his Ser- 
vice in coming Express from Falmouth to Boston & returning back ; In 
which he spent seventeen days &, was on his own Expence. 

Read [and Accepted] & 

Resolved that the sum of Three Pounds & eight shillings be allowed 

1 " Randall," in the House Journal. 

a '-Five," in the State Library copy, Legislative Records of the Council, xiv., 108, and 
in the House Journal, p. 5'2, which would seem correct. 

3 This date is accordins; to the House Journal ; according to Legislative Records of the 
Council the date is June l9. 



[1st Sess.] Province Laws (Besolves, etc.). — 1728-29. 335 

& paid out of the publick Treasury to the Memorialist Arthur Noble 
in full for the Service iu performing the Express as within mentioned. 
[Passed June 20. 



CHAPTER 102. 

RESOLVE ALLOWING 40/ TO JOS. MARION. 

An Accompt presented by Joseph Marion of Writing done for the Legislative 
Governm' Amounting to the sum of £2. cl7I^n xw"'' 

[Read and] ^ 



Resolved that the sum of Forty shillings be allowed & paid out of House Jour- 
the publick Treasury to the Accomptant Joseph Marion iu full dis- ^^^' ^' ^^' 
charge thereof. \_Passed June 20. 



CHAPTER 103. 

VOTE FOR A NEW PLATE OF A SCROLL FOR Y= BILLS. 

Forasmuch as the Plate for enstamping the Scroll on the back of ^^^'®^?**^f .u 
the Bills of Credit of the middle Denomination is broken & unfit for council, xiv., 
Use; ^L 

Voted that the Committee for signing the said Bills be impowered House Jour- 
to get a new Plate for the said Scroll for the Bills now ordered to be Ante, p.'sis, 
imprinted. [Passed June 20. ^^^^^- ^• 



CHAPTER 104. 

ORDER OF NOTICE ON JOS. COOKS PETITION FOR CONFIRMING A DEED. 

A Petition of Joseph Cook of Portsmouth in the Colony of Rhode Legislative 
Island, Shewing that his Brother Samuel Cook has been Nou Compos qq^^^jI]^ xiv^^ 
Mentis from his Youth, & is now old & infirm of Body, & that their 9S. 
Father John Cook, who died in the Year 1691, by his last Will & Tes- House Jour- 
tament gave to the said Samuel, & his Heirs Male lawfully begotten for °'^^' ^P' ^^' ^' 
ever the Nineteenth Share of Land in Pocasset Purchase &c, Declaring 
that he should not have the Disposal of it without the Consent of the 
Executors & Overseers, That at a Superior Court held at Bristol iu 
Septem'' 1701, upon the Petition of the Select men of Tiverton, Setting 
forth that the said Samuel was not able to provide for him self, the 
said Court pass'd an Order for the Sale of the Land of the said Samuel 
Cook to pay the Charge the Petitioner had been at in taking Care of 
him for ten years before & for what other Charge should be necessary 
for his Support ; Afterwards & agreable to the said Order, the Lands 
of the said Samuel Cook were sold by him, & the said Executors & 
Overseers of his Fathers Will by an authentick Instrument, to Joseph 
Sheffield, under whom the Petitioner now holds it. Praying for the Au- 
thority of this Court to give a Sanction to the Deed made to Sheffield 
as aforesaid. That so the Petitioner & his Heirs may hold & enjoy the 
said Land according to the Intent of y*" Sale of it. 

Read & 



336 



Province Laws (liesolves, etc.). — 172S-29. [Chaps. 105-107.] 



Ordered that this Petition be refer'd to the first P'ryday of the next 
Session of this Court, & that in the mean time the Petitioner serve the 
surviving Children of John Cook the Testator with a Copy thereof, that 
so they may give in their Answer thereto, if they see cause. [jPassed 
June 20. 



CHAPTER 105. 



VOTE FOR CALLING A TOWN MEETING AT MIDDLETON. 



• Legislative 
Records of the 
Couucil, xiv., 
98. 

House Jour- 
nal, p. 52. 



Ordered that M'' Jonathan Fuller a principal Inhabitant of the Town 
of Middleton be & hereby is impowered & directed to assemble the Free 
holders, & other Inhabitants of the said Town to convene as soon as 
may be to chuse Town Ollicers to stand until the Anniversary Meeting 
in March next. \^Fassed June 20. 



Legislative 
Records of the 
Council, xiv., 
98. 

House Jour- 
nal, p. 52. 



CHAPTER 106. 

RESOLVE ALLOWING PAYMENT OF MUSTER ROLL OF SLOOP ENDEAV^ 
THO. SAUNDERS MASTER. 

A Muster Roll of the Sloop Endeavour, Thomas Saunders Master 
a transport in his Majesty's Service, Containing an Accompt of Wages 
to the said Master & Company for their Service, & of the Hire of the 
said Sloop from Decem"" 22. 1727, to this Day, Amounting to the sum 
of £277. 10. 

[Read and] 

Resolved that the sum of Two Hundred «& seventy seven Pounds 
ten shillings be allowed «fe paid out of the publick Treasury to the said 
Thomas Saunders, & other Persons to whom the same is respectively 
due in full discharge of the Wages & Sloop Hire thereof. [Passed 
June 20. 



CHAPTER 107. 



Legislative 
Records of the 
Council, xiv., 

9iK 

House Jour- 
nal, p. 55. 



RESOLVE ALLOWING £7. 17. 4 TO PELET* GLOVER. 

A Memorial of Peletiah Glover one of the Coroners of the County 
of Hampshire Praying for an Allowance of his Accompt of charges 
occasioned by an Inquest on the Body of a Man found dead near Hou- 
satannck in said Countv, Amounting to the sum of £8. 4. 6. 

Read & 

Resolved that the sum of Seven Pounds seventeen shillings & four 
pence be allowed & paid out of the publick Treasury to M' Samuel Day, 
to be by him paid to Pelatiah Glover, & by him repaid to whom it is 
respectively due in full discharge of the within Accompt. [Passed 
June 21. 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1728-29. 337 

CHAPTEK 108. 

RESOLVE ALLOWING THE CO. TREAS" OF BARNSTABLE HIS ACC^. 

An Accomft presented by Ebenezer Lewis, Treasurer of the County Legislative 
of Barnstable for the last Year; Having been by him laid before the councir xiv!|^ 
Court of General Sessions of the Peace for the said County & by them a^- 

allowed ; House Jour- 

Read & Accepted, & ''^^' »• ^'^• 

Ordered that this Accompt be allowed. \_Passed June 21. 



CHAPTER 109. 

RESOLVE ALLOWING PAYMENT OF LIEUT. JN^ POMROYS MUSTER ROLL. 

A Muster Eoll of the Company in his Majestys Service Westward R^^^^^^^^^ftj, 
under the Command of Lieut. John Pomroy, Containing an Accompt Council, xiv., 

of Wages due to them for their said Service & their Subsistence, from r"^: 

the 8'^ of April to the 27'^ of June 1728, Amounting to the sum of ^"^.^^'^ '^?"'';« 

£126.18.7. nai. pp.55, 56. 

[Read and Accepted and] 

Resolved that the sum of One hundred & twenty six Pounds, eighteen 
shillings & seven pence be allowed & paid out of the publick Treasury 
to Cpt. John Pomroy, to be by him paid to whom it is respectively due, 
in full discharge of the Wages &, Subsistence thereof. [^Passed June 21, 



CHAPTER 110. 

RESOLVE PROVIDING FOR THE EXPENSES OF THE COMM^ee qF THE 
HOUSE TO WAIT ON GOVERN" BURNET. 

Resolved that M'' Cook, Major Tilestone, M"" Remington, M"" Lemmon, Legislative 
Coll. Payne, & M' Welles with the Gentlemen that are already appointed coundf,xiv!r 
by his Honour the Lieuten' Governor, &, the Hou'''^ Board in the Recess 99. 
of the Court, be desired, on the Advice of his Excellency Govern"^ Bur- House Jour- 
nets being come to the Governm' to repair to the Confines of that Part ^Ant}]'-^h-9, 
of the Governm' which it may [appear] ^ propable- his Excellency may chap', lie. 
first arrive at ; And that M'' Treasurer may be ordered & directed to 
advance out of the publick Treasury to M'" Sheriff Wiuslow (for which 
he is to be accountable,) the sum of Two hundred Pounds on this Occa- 
sion. [^Passed June 21. 



CHAPTER 111. 

VOTE FOR REDEEMING THREE INDIAN CAPTIVES. 

In the House of Represenf^' Legislative 
Voted that M' Welles & M'^ Lewis with such as shall be appointed Councif, xiv.,^ 
by the Hon"" Board be a Committee to agree for the Purchase of the ]^ 



> Inserted from the State Library copy, Legislative Records of the Council, xiv., 112. 
a Sic. 



338 



FROYmcii JjAws {Besolves, etc.). — 1128-29. [Chaps. 112-114. J 



Legislative 
Records of the 
Council, xiv., 
99. House 
Journal, p. 57. 



three Indian Captives now in the hands of the English at as reason- 
able rate as they can be obtained for in order to their being delivered 
in the Name of this Goverum' 

In Council ; Read & Concur'd.^ [_.Passed June 21. 



CHAPTER 112. 

RESOLVE ALLOWING PAYMENT ON CPT. JOHN GYLES'S MUSTER ROLL. 



Legislative 
Records of the 
Council, xiv., 
100. 

House Jour- 
nal, 13. 54. 



A Muster Roll of the Garrison at the Block house at S' Georges 
River in his Majestys Service under the Command of Cpt. John Gyles 
Containing an Accompt of Wages due to them for their Sei'\'ice from 
the 27"' of Decern'' 1727, to the - of June 1728, Amounting to the sura 
of £344. 14. 11. 

[Read and Accepted and] 

Resolved that the sum of Twenty five Pounds five shillings & eight 
pence (being the Wages due to Abraham Johnson) be allowed & paid 
out of the publick Treasury to M'' Ezekiel Lewis, to whom he is ac- 
countable ; And that the further sum of Three hundred of'' Sixteen 
Pounds seventeen shillings & six pence be allowed & paid out of the 
publick Treasury to Cpt. John Gyles, to be by him paid to the other 
Persons born on this Roll, to whom the same is respectively due in 
full discharge thereof. [^Passed June 21. 



CHAPTER 113 



RESOLVE ALLOWING £3 TO ROW. DYKE. 



Legislative 
Records of the 
Council, xiv., 
100. 

House Jour- 
nal, p. 39. 
Ante, p. 275, 
chap. 137. 



A Petition of Rowland Dyke Praying that he may be allowed the 
sum of Eleven Pounds which was cut off from his Accompt of enter- 
taining the Indians the last Winter, & for a PeiTywig took up at his 
Shop & worn about Town till it was spoiled. 

Read & In answer to this Petition ; 

Resolved that the sum of Three Pounds be allowed & paid out of the 
publick Treasury to the Petitioner Rowland Dyke in full Satisfaction 
for the Wig within mentioned. \_Passed June 21. 



CHAPTER 111. 



Legislative 
Records of the 
Council, xiv., 
100. 

House Jour- 
nal, p. 54. 



RESOLVE ALLOWING 38/ TO THO. ICELOP. 

An Accompt presented by Thomas Icelop'' of the Ferriage of Men 
& Horses in his Majestys Service over Newbury Ferry in the Years 
1723, 1724, &, 1725, Amounting to the sum of £3. 3. 

[Read and Accepted and] 

Resolved that the sum of Thirty eight shillings be allowed & paid 
out of the publick Treasury to Cpt. John Foot, for the use of the Ac- 
comptaut Thomas Icelop in full discharge thereof. [^Passed June 21. 

I The concurrence of the Council and the Governor's consent appear in the State Library 
copy, Legislative Records of the Council, xiv., 112. No appointment of members of the 
committee on the part of the Council is recorded. 

» Sic, as to blank. 

8 "&," in the State Library copy, Les;islative Records of the Council, xiv., 112. 

* The House Journal reads, " Islope^' 



[1st Sess.] Province Laws {Resolves, etc.). — 1728-29. 339 



CHAPTER 115. 

RESOLVE ALLOWING £47. 19 TO REBEC. HOLMES. 
An Accompt presented by Rebecca Hohues of Dining the Lieuten' J^^Kisiative 

1 1 TM • 1% T-. . • /( •i_j^ Jlecorus 01 the 

Governor & Council on the Election Day, Ji,ntertaming Committees council, xiv., 

of the General Court &c, Amounting to the sum of £47. 19. ^— 

[Read and] ^^^'1^- 

Resoloed that the sum of Forty seven Pounds nineteen shillings be 

allowed & paid out of the publick Treasury to the Accomptant Rebecca 

Holmes in full discharge thereof. \_Passed June 21. 



CHAPTER 116. 

RESOLVE ALLOWING PAYMENT OF CPT. W" WOODSIDES MUSTER ROLL. 

A Muster Roll of the Garrison in his Majestys Service at Fort Legislative 
George at Brunswick, late under the Command of Cpt. William Wood- couucu, xiv., 

side, Contain^ an Accompt of Wages due to them for their Service from ^ 

the 24"' of Decem'^ to the 15"' of Jau^ 1727, Amounting to the sum of House Jour- 
£20.13.5. "'^^•P-'*- 

[Read and Accepted and] 

Resolved that the sum of Twenty Pounds thirteen shillings & five 
pence be allowed & paid out of the publick Treasury to the Officers & 
Soldiers born on this Roll as the same is due in full discharge thereof ; 
And that the further sum of Nine Pounds sixteen shillings & two pence 
be allowed & paid out of the publick Treasury to the said William Wood- 
side in full discharge of his Accompt of Disbursements annexed to this 
Roll. \^Passed June 21. 



CHAPTER 117. 

RESOLVE ALLOWING £17. 10 TO SHER. WINSLOW. 

An Accompt presented by M"' Sheriff Winslow of sending Procla- Legislative 
mations for proroguing & dissolving the General Assembly, & for a counclf xiv*^^ 
Fast, & the Treasurers Warrants into the Counties, Amounting to the loi- 
sum of £17. 10. House Jour- 

[Read and Accepted and] °'^^' p- ^^^ 

Resolved that the sum of Seventeen Pounds ten shillings be allowed 
& paid out of the publick Treasury to the Accomptant Edward Wins- 
low Esq"" in full discharge thereof. \_Passed June 21. 



CHAPTER 118. 

RESOLVE ALLOWING £18. 1 TO BENJ^^ ROLFE. 

An Accompt presented by Benjamin Rolfe of Writing done for the Legislative 
publick from January last to this time, Amounting to the sum of £18. 1. ^oyncy^ ^i ^^^ 
[Read and] loi. 



340 



Province Laws (i?e50??;es,e^c.). — 1728-29. [Chaps. 119-121.] 



House Jour, 
nal, p. 56. 



Resolved that the sum of Eighteen Pounds & one shilling be allowed 
&, paid out of the publick Treasury to the Accomptaut Benjamin Rolfe 
in full discharge thereof. [Passed June 21. 



CHAPTER 119. 



Legislative 
Kecords of the 
Council, xlv., 
101. 



VOTE ON CPT. JOS. KELLOGS MEISP IN REGARD TO HIS SISTER, TURNED 
ROMAN CATHOLIC AND BROUGHT AWAY FROM CANADA, AND INDIANS 
WHO HAD COME WITH HER. 

A Memorial of Cpt. Joseph Kellog, Shewing that with much Per- 
suasion he has brought his Sister from Canada, being obliged to take 
an Indian Man & Boy, with whom she lived, to make her easy, & to 
promise that he would use no Force with her to keep her from return- 
ing to Canada, she being bigotted to the Roman Catholick Religion ; 
Praying that the said Indians may be sent away in such manner as 
may be for their Satisfaction, & the Court would use their Authority 
to prevent his Sisters Return 

Read & In answer to this Petition, 

Voted that his Honour the Lieuten' Governor be desired to employ 
the Indian Man & Boy mentioned in this Memorial on an Errand or 
Message to the S' Francois Tribe, or to the Cagnawaga Tribe to whom 
they belong, or both those Tribes, by the way of the Eastern Coun- 
trey ; And that Rebecca Kellog be suitably provided for & taken Care 
of during the said Indians Absence & their Return with an Answer ; 
And that the sum of Forty Pounds be advanced & paid out of the 
publick Treasury for this purpose, to be improved so as to make the 
Messengers content & easy.^ [^Passed June 21. 



CHAPTER 120. 



ORDER ALLOWING £6. 5. 2 TO CPT. W^' WOODSIDE. 



Legislative 
Records of the 
Council, xiv., 
101. 

House Jour- 
nal,!). 55. 
Ante, p. 248, 
chap. 69. 



A Memorial of Cpt. William Woodside, Shewing that whereas Part 
of his Wages, to the Amount of £6. 5. 2 was by an Order of this Court 
stop'd in the Treasury till he should make it appear that he had paid 
two promissory Notes under his hand to two several Indians ; Which 
Notes are annexed to this Memorial with the Discharge endorsed, 
Therefore Praying for an Order to the Treasurer for his said Wages. 

Read «& 

Ordered that the Prayer of the Petition be granted ; And the Treas- 
urer is directed to pay the Memorialist the sum of Six Pounds five 
shillings &. two pence accordingly. \_Passed June 21. 



CHAPTER 121. 

RESOLVE ALLOWING £5. 3 TO SAM^- TYLEY. 



legislative An Accompt presented by Samuel Tyley of Writing done for the 

Council, xiv., Publick, Amounting to the sum of £5. 3. 

15!: [Read and] 

1 Not found in the House JournaL 



[1st Sess.] Province Laws {Resolves, etc.). — 1728-29. 341 

Resolved that the sum of Five Pounds, three shillings he allowed &, ^^^[^^v'm^^ 
paid out of the publick Treasury to the Accomptaut Samuel Tyley in 
full Discharge thereof. \_Passed June 21. 



CHAPTER 122. 

RESOLVE ALLOWING PAYMENT ON CPT. JAMES WOODSIDES MUSTER 

ROLL. 

A Muster Roll of the Garrison in his Maiestys Service at Fort Legislative 

KpcorQB of tlic 

Mary at Winter Harbour under the Command of Cpt. James Wood- council, xiv., 

side Containing an Accompt of Wages due to them for their said Ser- ]^ . 

vice from ^ 1727, to ^ 1728 ; Amounting to the sum of £141. 7. 1. ^^fj^^f ^^"^■ 

[Read and Accepted and] 

Resolved that the sum of One hundred & forty Pounds one shillings - 
& one peuy'^ be allowed & paid out of the publick Treasury to the 
Officers & Soldiers born on this Roll to whom the same is respectively 
due iu full discharge of the Wages thereof. \_Passed June 21. 



CHAPTER 123. 

RESOLVE ALLOWING £5. 8. 3 TO CPT. JAMES WOODSIDE. 

An Accompt presented by Cpt. James Woodside of Disbursements Legislative 
at Fort Mary, while he was in Command there, for Gundaloe Hire & councff xiv^^ 
for a large Canoe for carrying Wood & Stores &c. Amounting to the 102- 

sum of £8. 4. 3. House Jour- 

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

Resolved that the sum of Five Pounds eight shillings & tliree pence 
be allowed & paid out of the publick Treasury to the Accomptant James 
Woodside in full, The Article of Forty shillings for the Funeral being 
to be taken out of the Mans Wages, & Ten shilling iu transporting Wood 
being over charged. \_Passed June 21. 



CHAPTER 121. 

ORDER ALLOWING CPT. BENJ^ LARRABEE £4 PER MONTH. 

A Memorial of Cpt. Benjamin Larrabee, Commander of Fort George Legislative 
Setting forth that there is no Establishm' of the AVages of the Command- counc'if, x*iv!!^ 
ing Officer there, & Praying that his Wages may be stated at Four Pounds 102^ 



per Month, which is the Rate of Cpt. Gyles's Wages. House Jour- 

Rp^fl ^ X ./ o nal, pp. 29, 30. 

rteau oc _4„^e^ p 202, 

Ordered that the Prayer of the Memorial be granted, And the Memo- ciiap- i^s. 

rialist is allowed to enter him self at Four Pounds per Month on the 

Muster Roll now to be presented accordingly. [^Passed June 21. 

' Sic, as to blanks. 

" Sic. 

3 The House JoHrnal reads, £114. 7. 1, the Executive Records of the Council, ix., 69, 
reads, £140. 7. 1, and the State Library copy, Legislative Records of the Council, xiv., 115, 
reads, £141. 7. 1. 



342 



Province JjAws (Hesolves, etc.) . — 1728-29. [Chaps. 125-127.] 



CHAPTER 125. 



LeglBlative 
Records of the 
Council, xiv., 
102. 

House Jour- 
nal, p. 57. 
A7ite, p. 334, 
chap. 9i). 



ORDER RELATING TO ACCt OF THE CHARGE ON TURKEY HILLS 

AFFAIR. 

An Accompt presented by Jonathan "Whitney of his own Time & 
Expence, & of the Time & Expence of the other AVitnesses attending 
the Coinin''^'^ on the Turkey Hills Affair, Amounting to the sum of 
£60. 4. 9. 

In the House of Represent"' Read & 

Ordered that these Accoinpts Amounting to £60. 4. 9 are allowed ; 
& that the sum of Sixty Pounds four shillings & nine pence be paid ; 
viz, £22. 15. 9 to Jonathan AVhitney, £37. 9 to Cpt. Samuel Willard, 
to be by him paid to whom it is due by Francis Fulham Esq"^ Mess" 
Benjamin Whitamore, & John Shipley out of the sums they have raised 
for Transfers & P^xchanges Agreable to the Comm"^''^ Report. 

In Council ; Read & Conenr'd with the Deduction of live Pounds 
one shilling from Jonathan Whitneys Accompt: In the House of 

Represent'"' Read & Concur'd. \_Passed June 21. 



Legislative 
Records of the 
Council, xiv., 
103. 

House Jour- 
nal, p. 29. 



CHAPTER 126. 

ORDER IMPOWERING BENJ^^ LARRABEE TO LAY OUT 100 ACRES OF 

LAND. 

A Petition of Benjamin Larrabee of Falmouth Setting forth his 
Services & many Hardships he endured in divers Marches against the 
Indian Enemy, & the Infirmities of Body thereby occasioned, Praying 
for a Grant in the unappropriated Lands of the Province. 

Read & 

Ordered that the Petitioner be & hereby is allowed by a Survey"" & 
Chain men on Oath to survej^ and lay out One hundred Acres of the 
unappropriated Lands of this Province lying in the County of York, 
& return a Plat thereof to this Court within twelve months for Con- 
firmation to hira his Heirs & Assigns. \^Passed June 21. 



Legislative 
Records of the 
Council, xiv., 
103. 

House Jour- 
nal, pp. 31, 32. 
Ante, p. Ill, 
chap. 290. 



CHAPTER 127. 

ORDER DIRECTING CPT. LARRABEE TO MAKE REPAIRS AT FORT 

GEORGE. 

A Memorial of Cpt. Joseph Hatch, ^ Shewing that whereas he was 
appointed by the Governiu' to take Care of the Repairs of Fort George 
at Brunswick, he has not been able to attend that Affair, & Proposing 
that Cpt. Benjamin Larrabee the Commanding Officer there may be now 
directed to see the said Repairs effected. 

Read & 

Ordered that Cpt. Benjamin Larrabee of his Majestys Fort George 
at Brunswick be directed & impowered to effect the necessary Repairs 
there agreable to the Direction formerly given to Cpt. Benjamin Hatch, ^ 
& that he lay an Accompt of the Charge before the Court. [^Passed 
June 21. 

> Capt. Joseph Heath, in the State Library copy, Lctiislative Records of the Council, 
xiii., 116, and in the House Journal. See also ante, p. Ill, chap. 290. 



[1st Sess.] Province Laws (Resolves, etc.). — 1728-29. 343 

CHAPTEK 128. 

VOTE ON REPORT OF THE TRUSTEES FOR THE HASSANIMISCO INDIANS. 

Spencer Phips Esq" from the Trustees of the Indian Proprietors of Re^forlfg^of the 
Hassanamisco gave iu the following Report; viz, Council, xiv., 

■ Pursuant to the several Orders & Directions of the Hon''''= Court the }!^ 

Trustees met with the Petitioners at Hassanimisco March 18. 1727, & ^.°i"ifp^4",^50. 
having perused as well the Draught of a Deed prepared by the Peti- Ante, p. 233, 
tioners to be signed by the Indians (with the Savings & Reservations cliap;!!'^'"^^^' 
therein contained,) as also the Draughts of tw^o several Bonds or Obli- 
gations to be signed by each Purchaser (with good & sufficient Sureties,) 
viz, oue to oblige each Purchaser to settle his Lot, bear & pay his Part 
towards the Settlement & Support of the Minister & School master «&:c, 
and the other for Payment of the Principal sum of the Purchase Con- 
sideration wath the Interest at the Expiration of one year ; The said 
Instruments comprehending (in our humble Opinion) the Mind of the 
Hon*^'^ Court, being duly executed ; And the English Purchasers hav- 
ing proceeded to lay out Lands there for a first Division ; viz. Eighty 
Acres of Upland & eight Acres of Meadow to each I^nglish & Indian 
Proprietor. We have taken a diligent View & Observation of the sev- 
eral Divisions of Lands & Meadows (as shewn by the Purchasers) & 
are of Opinion that the Indians Dividends are (Agreable to the Direc- 
tions of the Hon''^'' Court) equal with those of the English ; Which we 
hope will more fully appear when the Plans thereof are perfected. We 
further represent to this Hon''''' Court, That soon after the Signing of 
the Deed Moses Printer (one of the Indian Proprietors) died, & like- 
wise his Squaw, leaving four small Children, And upon inquiring into 
the Circumstances of that Eamily, We find that, besides a Gun & some 
small things, there is an Obligation of £120 Conditioned for the Pay- 
ment of £60 to the said Moses his Heirs &c, on Septem"' 29"' next ; 
Which Bond is in Keeping of one of the grown Daughters of the De- 
ceased ; And further that in our humble Opinion, the further Instruc- 
tions of the Hon''''' Court respecting the Conduct of the Indians the 
Improvem' of their Lands & Meadows & Prevention of Wast & Stroy^ 
both of their Improvem'' & also of their Timber & Removal of any such 
Persons who do or may come to cohabit with the Indians or shelter 
themselves on their Lands, might be greatly to their Advantage. All 
which is humbly submitted. 

Spencer Phips 
Edw" Goddard 
June 19. 1728. Ephr. Curtis 

Read And 

Resolved that the said Report be Accepted so far as relates to the 
Executing the Deeds, Letting out the Purchase Consideration & lay- 
ing out the Lots of Upland & Meadow there : And as to wdiat relates 
to the Bond of Sixty Pounds left by Moses Printer ; For the better 
securing the same from being lost or squandered away, 

Ordered that the aforenamed Trustees do take into their Custody 
the said Bond, & out of the Money accruing therefrom when recieved 
do discharge the Debts of the said Printer, which to them shall appear 
justly due, & that they divide the Remainder among the Children of the 
said Printer, Paying to the two Daughters which are of Age their pro- 
portion, & reserving in their hands the Shares of the young Children, 
to be applied toward their Maintenance ; And that the said Trustees 

■ ' Sic. See Century Dictionary. 



344 ' Province Laws (i2eso/t;e5,e<c.). — 1728-29. [Chaps. 129, 130.] 

be further directed & impowered to prevent any Person from intrud- 
ing into or upon any of the Lands at Hassanimisco belonging to the 
Indians, from making any Strip or Wast of the Timber growing thereon, 
& from having any of the said Indians Upland or Meadow without the 
Approbation of the said Committee ; & to prosecute in Course of Law 
all such as shall trespass in any of the Particulars afore mentioned. 
[Passec? June 21. 



CHAPTER 129. 



ORDER OF NOTICE ON THE PETITION OF PETER COFFIN & OTHERS 
OF NEWBURY IN REGARD TO GOODS DISTRAINED. 



Legislative 
Records of the 
Council, xiv., 
104. 

House .Jour- 
nal, p. 49. 
Province 
Laws, X., 717, 
chap. 397. 



A Petition of Peter Coffin, John Atkinson & sundiy other Inhabi- 
tants of Newbury, Complaining of divers irregular Proceedings of 
the Inhabitants of the new Parish there, as to the building & setting 
their Meeting house, & assessing the Petitioners & distraining for 
their Rates, altho the Petitioners can have no benefit by the said 
Meeting house And therefore Praying that their Goods taken by 
Distraint may be returned to them, & they exempted from the said 
Tax to the new Parish & they & their Families & Estates continued 
to the first Parish till some other way may be found out for their 
Relief. 

Read & 

Ordered that the Petitioners serve the new Parish in the Town of 
Newbury w^ith a Copy of the Petition that so they shew cause, if any 
they have on the second Thursday of the next Session why the Prayer 
thereof should not be granted. \_Passed June 21. 



CHAPTER 130 



RESOLVE ALLOWING £9. 5. 4 TO CPT. JAMES WOODSIDE. 



Legislative 
Records of the 
Council, xiv., 
105. 

House Jour- 
nal, p. 56. 
Ante, p. 279, 
chap. 148. 



A Memorial of Cpt. James Woodside, Shewing that he supplied 
Opt. James Grant with sundry things necessary for him in preparing 
to build the Truck house on Saco River, Amounting to £9. 5. 4 Pray- 
ing for the Allowance of the same out of the publick Treasury 

Read & 

Resolved that the sum of Nine Pounds five shillings & four pence be 
allowed & paid out of the publick Treasury to Cpt. James Woodside 
to reimburse him the Advance above mentioned ; For which the said 
Cpt. James Grant is to be accountable. [Passed June 21. 



[2d Sess.] PiioviiscE lJA^YS {Jiesolves, etc.). — 1728-29. 345 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-fourth Day of July, A.D. 1728. 



CHAPTEK 131. 

RESOLVE ALLOWING 45/ TO JOS. BARTLET. 

An Accompt of Joseph Bartlet of Northampton for Subsisting sun- Legislative 
dry Connecticut Soldiers under the Command of Cpt. Goodrich in the councif x*iv^^ 
Year 1724, Amounting to the sum of £2. 5. i09. 

[Read and] House Jour. 

Resolved that the sum of Forty five shillings be allowed & paid out ^^^' P" *■ 
of the publick Treasury to M"' Ebenezer Wright to be by him paid 
to the Accomptant Joseph Bartlet in full discharge thereof. \_Fassed 
July 26. 



CHAPTEE 132. 

RESOLVE ALLOWING £4. 15 TO CPT. JOS. HEATH. 

An Accompt presented by Cpt. Joseph Heath of Money paid M' Legislative 
Samuel Denny of George Town for his Expences in entertaining four councn,xiv.,° 

Eastern Indians, Amounting to the sum of £4. 15. }^ 

FRead audi House Jour- 

Resolved that the sum of Four Pounds fifteen shillings be allowed ' 
& paid out of the publick Treasury to the Memorialist Joseph Heath 
in full discharge thereof. \_Passed July 27. 



CHAPTEK 133. 

ORDER ON THE PETITION OF DIVERS INHABts OF BILLERICA &c TO 
BE MADE A NEW TOWN. 

On the Petition of divers Inhabitants of Concord Billerica & Lex- Legislative 
ington, Prayuig to be made a Precinct [ante^ p. 329, chap. 83] coundf xiv^° 

Read together with the Answer of Billerica &c iii. 

And House Jour- 

Ordered that the Committee appointed by this Court on the Petition ^^lie^p^ 309, 
of the Inhabitants of Wameseck Purchase to view the said Lands &c chap! 28; p. 329, 
at the same time repair to the Lands of these Petitioners that belong ^^^'^' ^' 
to the Town of Billerica, & that they carefully view & consider the 
Situation and Circumstances, seasonably notifying the Town of Bil- 
lerica of the Time of their Coming ; & that they hear & consider the 



346 



Province Laws {Resolves,etc.). — ll2^-2'd. [Chaps. 134-136.] 



Allegations of the Parties in the Affair, & report to this Court at their 
next Fall Session, Whether they judge it reasonable that the Petitioners 
be set off & constituted a separate Township or Precinct ; The Charge 
of the Committee to be born by the Petition" belonging to the Town 
of Billerica. \_Passed July 29. 



CHAPTER 134. 



Legislative 
Records of the 
Council, xiv., 
111. 

Legislative 
Records of the 
Council, xii., 
421,424. House 
Journal, p. 9. 



VOTE AS TO NEW HAMrSHIRES PART OF THE CHARGES AT S^ GEORGES. 

Voted that M"" Treasurer Allen be & hereby is directed to wait on 
his Honour Lieut. Governor Wentworth of New Hampshire, who is 
now in the Town of Boston & desire that he would take speedy & 
effectual Care that that Governm* do remit into the publick Treasury 
of this Province one third Part of the Charge the Province was at in 
the Year 1725, in supplying the Commissioners that went to S' Georges 
River to treat with the Indians, with Necessaries for their going thither 
& returning home ; The governm' of New Hampshire having sent a Com- 
missioner there with ours to treat with the Indians, & promised to reim- 
burse this Government one third Part of said Charge ; And that M' 
Treasurer deliver his Honour Lieuten' Governor Wentworth an Ac- 
compt of said Charge accordingly. [^Passed July 29. 



CHAPTER 135. 



Legislative 
Records of the 
Council, xiv., 
112. 

House Jour- 
nal, p. 11. 



VOTE FOR ADJOURNING THE SUP" COURT IN MIDDLESEX. 

Whereas several Members of the Hon"* Board are now at the Supe- 
rior Court, sitting at Cambridge ; 

Voted that a Message go from this Court to the Justices of the said 
Court to acquaint them, That it is desired that thej" do forthwith ad- 
journ their Court, & give their Attendance here upon the urgent Affairs 
of the Province. [Passed July 30. 



CHAPTER 136. 

RESOLVE ALLOWING £16. 7. 3 TO ROW. DYKE AND 6/ PER DIEM PER 
MAN FOR INDIANS. 



Legislative 
Records of the 
Council, xiv., 
113. 

House Jour- 
nal, p. 12. 



Ak Accompt presented by Rowland Dyke of the Charge of subsist- 
ing the Indian Messengers from the Eastern Tribes in June last, with 
Liquors, Tobacco &c, Amounting to the sum of £16. 7. 3. 

[Read and Accepted and] 

Resolved that the sum of Sixteen Pounds seven shillings & three pence 
be allowed & paid out of the publick Treasury to the Accomptant Row- 
land Dyke in full discharge thereof ; & 

Voted that when any Indians for the future come upon publick Busi- 
ness there be allowed no more than six shillings per Diem for Subsist- 
ence while here.^ [_Passed July 31. 

1 The Secretary's record closes "Consented to, W'" Dummcr," a mistake for W™ 
Burnet, who entered upon the office of Governor on July 24, 1728. In the State Library 
copy, Legislative Records of the Council, xiv., 127, the consent is correctly given. 



[2d Sess.] Province Laws {Resolves, etc.). — 1728-2'J. 347 



CHAPTER 137. 

RESOLVE ALLOWING £LS6. 3. 10 TO JOHN LYDIUS. 

An Accompt presented by M' John Lydius of Montreal of Cash sup- Legislative ^^^ 
plied Cpt. Joseph Kellog for the Subsistence of him self & his Men at coundf.xiv.,^ 

Canada the last Winter in tlie Service of this Province, Amounting in ]}^ 

Bills of Credit to the sum of £136. 3. 10. House Jour- 

_ .-. nal, pp. 11, 12. 

[Read and Accepted andj ^»i<e, p. 331, 

Resolved that the sum of One hundred & thirty six Pounds three cbap.ST. 
shillings & ten pence be allowed, & paid out of the publick Treas- 
ury to the Accomptant John H Lydius in full discharge thereof ; And 
further that M' Treasurer be directed to deliver to the Indians men- 
tioned in the Memorandum to the Accompt annexed the four Blankets 
of Strouds for their Service to John Sergeant. \_Passed Jidy 31 . 



CHAPTER 138. 

RESOLVE ALLOWING £20. 11. 2 TO CPT. JOHN GYLES. 

An Accompt presented by Cpt. John Gyles of Disbursements for ^^|^f|*'^f^jj 

Provisions &c to the Indians, sent by the Tribes to the Cape Sables council, xiv., 

Indians, and Subsistence allowed their Families in the Time of their ^}^ 

Absence, Amounting to the sum of £20. 12. 2. House Jour- 

' ~ _ nal, p. 12. 

[Read and Accepted andJ 

Resolved that the sum of Twenty Pounds eleven shillings & two 
pence be allowed «fe paid out of the publick Treasury to the Accompt- 
ant Cpt. John Gyles in full discharge thereof.^ [^Passed Jidy 31. 



CHAPTER 139. 

ORDER DIRECTING M« TREASURER ALLEN TO SUPPLY STORES FOR 
CPT. JN" GYLES AT S'^ GEORGES RIVER. 

An Indent presented by Cpt. John Gyles of sundry Stores & other Legislative 
Necessaries for the Use of the Garrison at S' Geoi'ges. Councif, xiv.,^ 

Read & IM^ 

Ordered that M"" Treasurer Allen be directed to furnish & supply House Jour- 
Cpt. John Gyles with the Particulars mentioned in the within Indent, "' ' ^' 
for the use of the Block house at S' Georges River. [Passed July 31. 



CHAPTER 140. 

RESOLVE ALLOWING £20 TO M« JN^ LYDIUS AND A FURTHER SUM OF 
£10 TO TWO INDIANS. 

Resolved that the sum of Thirty Pounds be allowed & paid out of R|fo^ds"jf^the 
the publick Treasury to M' John H Lydius of Mont Real; Twenty council, xiv., 
Pounds, part thereof in consideration of his good Services to this Hi 

• The Secretary's record closes "Consented to, "W™ Dummer," a mistake for W"> 
Burnet, who entered upon the office of Governor on July 24, 1728. In the State Library 
copy, Legislative Records of the Council, xiv., 128, the consent is correctly given. 



348 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 141, 142.] 



House Jour- 
nal, p. 13. 
Ante, p. 347, 
chap. 137. 



Legislative 
Records of the 
Council, xiv., 
113. 

House Jour- 
nal, p. 10. 
Ante, p. 281, 
chap. 165. 



Province ; & Ten Pounds, the Remainder thereof, to be by the said 
Lydius paid to the two Cagnawaga Indians, who accompanied him 
from Canada here on account of their distinguishing tliem selves as 
attached to the English Interest, The Ten Pounds to be paid in such 
things as will be most acceptable to the Indians in equal Proportion.^ 
[^Passed July 31 . 



CHAPTEE 141. 

ORDER ACCEPTING REPORT ABOUT THE MEETING HOUSE AT TURKEY 

HILLS. 

The Report of the Committee appointed by the Great &, General 
Court at their Session January 1727, upon the Petition of Josiah 
Willard & others Inhabitants of Turkey Hills. Pursuant to the 

Order of said Court the Committee repaired to the South Turkey 
Hills, & upon a diligent View of the Situation of said Town & Con- 
sideration of the Circumstances of the Inhabitants are humbly of 
Opinion that there be a Meeting house erected & set up on the upper 
End of the Lot Number Eleven called Fellows Lot between a Poplar 
Tree marked, & a great Rock with Stones placed thereon ; the House 
to be of the following Dimensions ; viz, Forty feet in length, thirty 
feet in width, & nineteen feet Stud ; And that there be suitable High 
ways where they are wanting laid to said JNIeeting house laid to all 
Parts of the s'' Town &, that where any of the Inhabitants may be 
damnified by the Land improved for the Meeting house or Ways 
leading thereto, that they have suitable Recompence for the same 
out of the undivided Lands of the said Town. 

In the Name of the Comm"^' John Chandler 

Read & 

Ordered that this Report be accepted, & that the Meeting house in 
the South Town in Turkey Hills be placed & built accordingly. \_Passed 
Jidy 31 . 



CHAPTER 142 



ORDER IMPOWERING SION AND MARY ARNOLD TO SELL LAND. 



Legislative 
Records of the 
Council, xiv., 
114. 



House Jour- 
nal, p. 16. 
Province 
Laws, vi. 
Ko. 60. 



134, 



A Petition of Sion Arnold of Newport in the Colony of Rhode 
Island & Mary his Wife, Shewing that the said Maiy by Vertue of 
the last Will & Testament of her Father Thomas Ward is seized of 
one half Part of several Lots of Land, in the Township of Little 
Compton within this Province, which she holds in Fee Tail ; that her 
Sister Margaret Wrightington held the other half of the said Lands 
in the same manner, & by vertue of an Act of this Province pass'd 
in the Year 1721, made Sale of her Part of the said Lots; by which 
means the Petitioners Lands are become in a manner useless & un- 
profitable to the Petitioners ; And foras much as M' Richard Ward 
Brother to the Petitioner (to whom the said Lauds must come, in case 
the Petitioners should dy without Heirs of the Body of the said Mary) 
hath consented to the Sale of the said Lands ; Therefore Praying that 
this Court would impower them to sell the said Lands iu Little Comp- 
ton, Notwithstanding the Devise in the Will of her Father. 

1 The Secretary's record closes "Consented to, W™ Dunimer," a mistake for "W™ 
Burnet, who entered upon the office of Governor on July 24, 1728. In the State Library 
copy, Legislative Records of the Council, xiv., 128, the consent is correctly given. 



[2d Sess.] Province Laws {Resolves, etc.). — 1728-29. 349 

Read & Forasmucli as it appears that Ricliard Ward, (unto whom 
the Remainder of the Lands mentioned in the Petition are devised, in 
case the Petitioner Mary dy witliout Issue) hath consented to the Sale 
thereof ; 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioners be & hereby are impowered to malie Sale of the said Lands, & 
to execute a good J)eed or Deeds for the same. Any thing contained in 
the Will of Thomas Ward, the Petitioners Father, or Any Law, Usage 
or Custom to the contrary notwithstanding. \_Passed August 1. 



CHAPTER 143. 

ORDER IMPOWERING THE REPRESENTATIVE' OF EBENEZER WHITE, 
DECEASED, TO SIGN A DEED. 

A Petition of John French, Beniamin Slack & Abigail French all Ji<^g'si?tive 

RGCOru.8 of tll6 

of Attleborough in the County of Bristol Shewing that in the Year council, xiv., 

1726, a Contract was made between M"' Ebenezer White of said Attle- ^ 

boro & the said Benjamin Slack for the Exchange of twelve Acres and House .lour- 
an half of the said Whites Land for ten Acres of the said Slacks, & 
the Deeds accordingly drawn but not executed by reason of the Death 
of the said White, wliich happened before the Matter could be per- 
fected, Therefore Praying that the said Abigail French formerly the 
Widow of the said White, may be impowered to execute the said Con- 
tract as fully & effectually as her late Husband M"" White might and 
would have done in his Life time. 

Read & 

Ordered that the Prayer of the Petition be so far granted as that 
the Executor or Adminisf" of the Rev*^ M"" Ebenezer White Dec*^ be 
& hereby is fully authorized & impowered to sign, seal and deliver a 
Deed of Sale or Exchange of the Lands within mentioned, as fully & 
amply as if the same had been done by the said Ebenezer White in 
his Life Time, Provided the said Deed, as also the Deed to be exe- 
cuted by the other Parties be approved of by George Leonard Esq"^ 
one of his Majestys Justices of the Peace for the County of Bristol ; 
Any Law, Usage, or Custom to the contrary notwithstanding. \_Passecl 
August 1. 

CHAPTER 144. 

ORDER IMPOWERING ARTH. BRAGDON TO LAY OUT 100 ACRES OF 

LAND. 

A Petition of Arthur Bragdon Praying for a Grant of a Tract of Legislative 
the unappropriated Lands of this Province in consideration of his many council, xiv., 

Marches & good Sei"vices of the Province in y*^ late Wars against the ^— 

French & Indians. naT^'^/g^'io' 

Read & In answer to this Petition, ' 

Ordered that the Petitioner be allowed & impowered by a Surveyour 
& Chain men on Oath to lay out One hundred Acres of the unappro- 
priated Lands lying & being in the County of York, & that he return 
a Plat thereof to this Court in their next May Session for Confirma- 
tion, Provided it does not interfere with the proposed Line of Towns 
nor any former Grant. ^ [Passed August 1. 

1 The Secretary's record closes "Consented to, W"" Dummer," a mistake for W™ 
Burnet, who entered upon the office of Governor on July 24, 1728. In the State Library 
copy. Legislative Records of the Council, xiv., 130, the consent is correctly given. 



350 



Province Laws (i?e50?ves,ete.). — 1728-29. [Chaps. 145-147.] 



CHAPTER 145. 



ORDER RENEWING JOS. MOULTONS LICENSE AS AN INN KEEPER. 



Legislative 
Records of the 
Council, xiv., 
115. 

House Jour- 
nal, p. 15. 



A Petition of Joseph Moulton of Berwick in the County of York, 
Shewing that he obtained the Approbation of the Select men of the 
said Town for his Keeping a Tavern, but thro some Information the 
Justices of the said County were pleased to deny him a Licence ; And 
Praying that this Court would impower the said Justices at their next 
General Sessions to renew the Petitioners Licence to keep a Tavern 
in the said Town. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Jus- 
tices of the Peace in the County of York be & hereby [are] ^ authorized & 
impowered, if they see Cause, in their next Genex'al Sessions, to renew 
the Petitioners Licence to be a Tavern Keeper in Berwick ; Any Law, 
Usage or Custom to the contrary notwithstanding. [_Passed August 1. 



CHAPTER 14G. 



ORDER GRANTING A LICENCE AS INN KEEPER TO JOHN SALE. 



Legislative 
Records of the 
Council, xiv., 
116. 

House Jour- 
nal, p. 13. 



A Petition of John Sale of Boston, Shewing that he obtained the 
Approbation of the Select men of the said Town for his Keeping a 
Tavern, but the Justices were pleased to refuse to grant him a Licence ; 
And therefore Praying that this Court would enable & direct the Jus- 
tices of the Peace for the County of Suffolk or some of them to grant 
him a Licence to keep an Inn or Tavern in the House where he now 
dwells, he giving Recognizance as the Law in that case provides. 

Read & 

Ordered that the Prayer of the Petition be granted, & that it shall 
& may be lawful for one or more of the Justices of the Peace for the 
County of Suffolk, And they are accordingly impowered & directed, 
together with the Clerk of the Court of General Sessions of the Peace 
for said County, to give a Licence to the Petitioner to keep a Tavern, 
& take a Recognizance of him for the due Observation of the Laws in 
that case made & provided, Any Law, Usage or Custom to the con- 
trary notwithstanding. [^Passed August 1. 



CHAPTER 147. 



Legislative 
Records of the 
Council, xiv., 
116. 

Mass. 
Archives, 
cxxiil., 383. 
House Jour- 
nal, pp. 13, 15. 
Ante, p. 241, 
chap. 53. 



RESOLVE ALLOWING £83 TO CPT. SAM"- JORDAN. 

A Petition of Cpt. Samuel Jordan of Biddeford Praying for an 
Allowance for his Service in managing the Indian Trade at Bidde- 
ford aforesaid, & for the use of his House in that Service for a])Out 
twelve months past, which has been to his great Trouble & with much 
Inconvenience to his Family 

Read & 

Resolved that the sum of Eighty three Pounds be allowed & paid out 



> Inserted from th.e State Library copy, Legislative Records of the Council, xiv. 



130. 



[2d Sess.] Province Laws {Resolves, etc.). — 1728-29. 351 

of the publick Treasury to Cpt. Samuel Jordan (In answer to this Memo- 
rial) in full discharge of his Service, as Truck master, & the Trouble 
given to his House on that Account.' \_Passed August 1. 



CHAPTER 148. 

RESOLVE ALLOWING £12 PER ANNUM FOR 3 YEARS TO JOS'^ JOHNSON. 

A Petition of Josiah Johnson, Shewing that he is still so much dis- Legislative 
abled by the Wounds he received from the Indians at Pigwacket that councif.xiv.,^ 

he is become a Cripple & uncapable of providing for him self, And \^ 

therefore Praying for an annual Stipend for bis Support. SiT^f 15^' 

Read [and Accepted] & Ante,'x>.vo^y 

Resolved that there be allowed & paid out of the publick Treasury to ^''^^i'- ''^• 
the Petitioner Josiah Johnson the Sum of Twelve Pounds per Annum 
for & during the Space of three Years next to be accounted & begin 
from the last May Session in consideration of his Disability occasioned 
by the Wound he received in the Service of the Province. \_Passed 
August 1 . 

CHAPTER 149. 

RESOLVE ALLOWING £4. 14. 6 TO ZECH'^ TRESCOT. 

An Accompt presented by Zechariah Trescot for Subsistence and R|fordsof%he 
Cloathing of an Indian Hostage, as also Victuals & Drink supplied CouDcii.xiv., 
James Nap, one ransomed from the Indians, Amounting to the sum ^lli 

of£4. 14. 6. Sp^ir- 

[Read and Accepted and] ^n<e, p^305. 

Resolved that the sum of Four Pounds fourteen shillings & six pence ° ^^* '" 
be allowed & paid out of the publick Treasury to the Accomptant Zech- 
ariah Trescot in full discharge thereof. \_Passed August 1. 



CHAPTER 150. 

VOTE SETTING OFF THE LANDS AND ESTATES OF JOS. WHITE & 
OTHERS INTO A NEW PRECINCT. 

A Petition of Joseph White & twenty five others Inhabitants of a Legislative 
Tract of land lying on the Southerly Side of Mount Holyoke in the councn' x^v!!^ 
County of Hampshire, Setting forth their Difficulties by reason of their n". 
remoteness from the Place of public Worship in the Town of Hadley, House Jour- 
where they belong & the convenient Situation & good Circumstances ^^^' ^^^' ^^' ^^' 
of the Lands & Inhabitants to be made a Precinct, And therefore Pray- 
ing that they may be set off a separate Precinct by the following Lines ; 
viz. From the South Side of Mount Holyoak to Springfield Bounds & 
from Connecticut River Westerly to the Equivalent Lands Easterly; 
& that all the Lands within the said bounds may be taxed for the sup- 
port of the Ministry there. 

> The Governor's consent is given in the State Library copy, Legislative Records of the 
Council, xiv., 131, but not in the Secretary's. The sum was paid (Mass. Archives, cxxiii., 
383), which, of course, is conclusive of the Governor's consent. 



352 



Province Laws {Resolves, etc.). — 1728-29. [Chaps. 151-153.] 



Read together with the Auswer of the Town of HacUey thereto, Aud 
the House haviug had due Consideration thereon ; 

Voted that the Prayer of the Petition be granted, & that the Peti- 
tioners with their Lands & Estates as well as the other Lands con- 
tained within the Limits bounded in the within Petition, be & hereby 
are set off a separate & distinct Precinct, & endowed with equal 
Powers, Privileges & Imuninities with any other Precinct in this Prov- 
ince, Provided the Petitioners within the space of three years from 
this time erect & finish a suitable House for the public Worship of 
God & settle a learned orthodox Minister among them, & provide for 
his comfortable & honourable support ; Aud all the Lauds within the 
said Precinct laid out & not improved are hereby subjected to a Tax of 
one half peny per Acre per Annum for & during the space of three years 
next coming for & towards the support of the Ministry there : And 
M'' Daniel Nash, a principal Inhabitant in said Precinct is hereb}' fully 
authorized & impowered to notify the Free holders & other Inhabitants 
of said Precinct to assemble & convene to chuse Precinct Ofticers to 
stand until the next Anniversary Election. \_Passed August 1. 



CHAPTER 151. 



ORDER FOR A TOWN MEETING AT LUNENBURG. 



Legislative 
Records of the 
Council, xiv., 
117. 

House Jour- 
nal, pp. 1", 18. 



Ordered that Cpt. Josiah Willard, a principal Inhabitant of the Town 
of Lunenburgh be & hereby is impowered and directed to assemble the 
Freeholders & other Inhabitants of said Town to convene as soon as 
soon as ^ may be to elect & chuse Town Officers there to stand until 
the Anniversary Meeting in March next. [Passed August 2. 



CHAPTER 152. 

ORDER ON ANNEXING THE ESTATE OF MOSES CURTIS TO BRAINTREE. 



Legislative 
Records of the 
Council, xiv., 
118. 

House Jour- 
nal, p. IS. 
Ante, p. 333, 
chap. 94. 



On the Petition of Moses Curtis of Stoughton, [ante, p. 333, 
chap. 94] 

Read, And it appearing that the Town of Stoughton have declined 
giving any Answer to this Petition, 

Ordered that the Prayer thereof be granted, & that the Petitioner 
with his Family & Estate be set off from the Town of Stoughton & 
annexed to the South Parish in Brantrey, so far as relates to the sup- 
port of the Ministry, and for the future he be accordingly taxed to 
the said South Precinct in Brantrey, & exempt from paying Taxes at 
Stoughton as to his Ministerial Charges. [Passed August 2. 



CHAPTER 153. 



VOTE FOR PROVIDING FOR THE GOV^s TABLE. 



Legislative 
Records of the 
Council, xiv., 
118. 



Voted that the Committee appointed to make Provision for the Re- 
ception, & Entertainm' of his Excellency the Governor be desired & 
impowered to proceed in making further Provision for his Excelleucys 



1 Sic. 



[2d Sess.] Province Laws {Resolves, etc.). — 1728-29. 353 

Table, till his Kemovul into the Province House; and to enable them iTousciour- 
herein, That M'' Treasurer be directed to supply them with a sum not "i«ie,''ij. 258, 
exceeding One hundred Pounds, to be used as Occasion recjuires, For «;jiai>-y^; p.27y, 
which the said Committee is to be accountable. \_Passed Awjust 2. 



CHAPTER 154. 

ORDER APPOINTING A COMMITTEE TO SETTLE THE NORTH TOWN NEAR 

TURKEY HILLS. 

A Vote of the Proprietors of North Town at Turkey Hills (pass'd Legislative 

JvGCOl'QS of tll6 

at a Meeting held at Concord on the 23^^ Day of July 1728) appointing council, xiv., 



118. 



Joseph Stephens, Joshua Fletcher, Andrew Spaulding, Timothy Heald 
& Jonathan Melvin, a Committee for inspecting & settling said Town. House Jour- 
Kead & Ante, p. 329, 

Ordered that the Choice of the said Committee be accepted & hereby ^^^^^' ^' 
confirmed. \^Passed August 2. 



CHAPTER 155. 



RESOLVE ALLOWING £30 TO MARG. ROBBINS. 



A Petition of Margaret Robins, Relict Widow of Lieut. Jonathan Legislative 
Robins, Shewing that her said Husband was killed by the Indians at councff x*iv^^ 
Pigwacket, in the Fight under Cpt. John Lovewell, that she hath five lis. 
small Children left by her said Husband & little or nothing to support House Jour- 
them, And therefore Praying for some Allowance from this Court for "''^i-P-i"- 
the Support & Maintenance of her young Children. 

Read [and Accepted] & 

Resolved that the sum of Thirty Pounds be allowed & paid out of the 
publick Treasury to the Petitioner Margaret Robins for the Support & 
Relief of her & her Family in their present necessitous Cir[cu]mstances. 
l^Passed August 2. 



CHAPTER 156. 

RESOLVE ALLOWING £70 TO LUKE VARDY. 



A Petition of Luke Vardy of Boston, Praying that he may be allowed Legislative 
the sum of One hundred Pounds for an Indian Servant bought by him, Coimcu, xiv.,^ 

she being taken Captive in the late War, & was taken from him by Order H?: 

of the Governm' to be returned to the Eastern Tribes, & set at Liberty. h<^.^^® "^^^r- 

[Read and Accepted and] ^ na,pp. , . 

Resolved that the sum of Seventy Pounds be allowed & paid out of 
the publick Treasury to the Petitioner Luke Vardy in full considera- 
tion of the Servant within mentioned. [Passed August 3. 



354 



Province Laws {^Resolves, etc.). — 1728-29. [Chaps. 157-159.] 



CHAPTER 157. 



VOTE REFERRING W^ VINNINGS PETITION IN REGARD TO HIS IM- 
PRISONMENT TO THE NEXT SESSION. NOTICE TO BE GIVEN. 



Legislative 
Records of the 
Council, xiv., 
119. 

House Jour- 
nal, p. 19. 



A Petition of AVilliam Vinuing, Setting forth several Hardsliii)s done 
to him by Cpt. Francis liarlver & Cpt. Richard Bourn, while in the Ser- 
vice Eastward, by detaining hiin notwithstanding he procured a Man 
to stand in his room, & obliging him to sign a Bond of Six Pounds pay- 
able to the said Barker in order to obtain his Discharge, &, that he is 
now in Prison for the said Bond, Praying for Relief from this Court. 

Read [and Accepted] & 

Voted that this Petition be refer'd to the next Session for further 
Consideration, & that in the mean time the Petitioner serve Cpt. Fran- 
cis Barker & Cpt. Richard Bourn with Copies of this Petition that so 
they may make Answer to the Complaint therein contained, if they see 
cause on the first Fryday of the next Session. \_Passed August 3. 



CHAPTER 158. 



RESOLVE IMPOWERING THE PROPRIET^s OF PENNICOOK TO EXTEND 
SOUTH BOUNDS OF SAID TOWN. 



Legislative 
Records of the 
Council, xiv., 
1-20. 

House Jour- 
nal, p. 21. 
Ante, p. 48, 
chap. 117; p. 53, 
chap. 134. 



Resolved that in consideration of the F'ive hundred Acres of Land 
formerly confirmed by this Court to satisfy a Grant made to the late 
Governor Endicot, which falls within their Boundaries, the Settlers be 
& hereby are allowed & impowered by a Survey"' & Chain men on Oath 
to extend the South Bounds of that Township One hundred & thirty 
rods the full breadth of their Town ; And the One hundred Rods of 
Land is accordingly granted & confirmed unto them as an Equivalent 
for the aforesaid five Hundred Acres of Laud. [Passed August 6. 



CHAPTER 159. 



Legislative 
Records of the 
Council, xiv., 
120. 

House Jour- 
nal, p. 21. 



RESOLVE ALLOWING £90 TO SA3I'' SEWALL ESQ«. 

A Memorial of Samuel Sewall Esq" Praying that this Court would 
take Care of the Payment of the Rent due to him for the Hire of a 
Pasture & Stable for the use. of the Goveru"^ of this Province from 
the 25"^ of March 1722, until this time. 

Read & In answer to this Memorial, 

Resolved that the sum of Ninety ^ Pounds be allowed & paid out of 
the publick Treasury to the Memorialist Samuel Sewall Esq'' for six 
years Rent of the Stable & Land within mentioned, at fifteen Pounds 
per Annum, which determined the 25"' of March last; And further 
That M'' Treasurer Allen be directed to agree with the Memorialist for 
the Rent of the Premisses for the Year Currant after the most prudent 
Method he can. [^Passed August 6. 

I The House Journal reads, £80, corrected in the margin to £90, in a hand of the time. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1728-29. 355 

CHAPTEE IGO. 

RESOLVE GRANTING LAND TO CPT. LOVEWELLS SOLDIERS. 

A Petition of David IMelvin, & William Ayer for themselves & a Legislative 
Number of othei" Persons who served as Voluntiers against the Indians coum'if, xiv.,* 
in the late War under the Command of Cpt. John Lovewell, Praying that ^'^\- >i;^8s. 
a Tract of the Province Land for a Township may be granted them in ixxii., 2^4. 
consideration of their Services which they have done & the great Diffi- Mass. ' 

culties which they have undergone in the War. A^S'-'^I?.; 

[Read, and Accepted and] In Answer to this Petition House .fo'iir- 

Resolved That the Contents of Six Miles Square of Land lying and proyim-e 
being on each Side of Merrimack River of the Same breadth from the Laws, x., 587, 
River as the Township of penny Cook is to begin where penny Cook l^n/ei p.'48, 
new Grant determines wdiich is One hundred Rods to the Southward '^^^v- H"- 
of their first Grant, and thence to extend the Lines of the East and 
West bounds on Right Angles until the Six Miles square of Lands 
shall be compleated as aforesaid, be and hereby is granted unto the 
Forty Seven Soldiers, and the legal Representatives of Such of them 
as are Since deceased who marched out with the said Cap' Lovewell 
himself included when he engaged the Indian Enemy at Pigwackett, 
and also to the first thirteen of the Sixty two men who were in the 
first March with the said Lovewell and not in the pigwackett March 
who shall first offer and in their own persons Settle upon the Land 
shall be also Admitted equal sharers & proprietors with the Forty 
Seven above mentioned making Sixty in the Whole, and that there 
be also granted three other full shares or Lotts out of the said Six 
Miles square equal to any of the Sixty Viz' One for the first Setled 
Minister there. One for the Ministry, and One for the Use of the 
School, that the petitioners have Leave by a Surveyor and Chain 
Men on Oath to Survey and lay out the said Grant of Land, and 
return a platt thereof to this Court in their next May Session, that 
so the Same may be put under Such Restrictions and Limitations for 
the effectual Settlement thereof as may be then thought proper in 
order for the Confirmation of the Grant, the w4iole Charge to be by^ 
born by the Sixty Grantees first mentioned. \_Passed August 6. 



CHAPTER 161. 

RESOLVE ALLOWING £300 TO GOVERNOR BURNETT. 

Resolved that the sum of Three hundred Pounds be allowed & paid ^®?*®?f'^^'?.x, 
out of the publick Treasury to His Excellency William Burnet Esq' Council, xiv., 
Captain General & Govern'' in Chief of this his Majestys Province for ^'^' 
defraying the Charge he has been at in coming to this Government. R*^°^^!j"^f th 
[Passed August 7. Council, xiv., 

Ill ter, 112 bis. 
1 The word " by" does not occur in Legislative Records of tiie Council. n^T^vf 22*^^^' 



856 



Province Laws (i^esoZves, e^c). — 1728-29. [Chaps. 162-1G4.] 



CHAPTER 162. 



ORDER GRANTING TO JOHN WATSON A LICENSE TO KEEP A TAVERN. 



Legislative 
Records of tlio 
Council, xiv., 
123. 

House .lour- 
nal, p. 24. 



A Petitiox of John Watson of Arundel in the County of York, Pray- 
ing that the Justices of the said County niay be impowered to grant 
him a Licence to keep a Tavern in said Town. 

Read & 

Ordered that the Prayer of the Petition be so far granted as that it 
shall be lawful u})on the Petitioners producing the Approbation of the 
Selectmen of the said Town for the Justices of the Peace for the County 
of York in their next General Sessions of the Peace to be held for said 
County, to grant a Licence to the Petitioner to keep a Tavern in Arundel 
for tiie year ensuing if they see Cause ; Any Law, Usage or Custom to 
the Contrary Notwithstanding. \_Passed August 8. 



CHAPTER 163. 



RESOLVE ALLOWING £61. 6. 9 TO SHER. WINSLOW. 



Legislative 
Records of the 
Council, xlv., 
124. 

House Jour- 
nal, p. 26. 
Ai}te, p. 337, 
chap. 110. 



An Accompt presented by 1-Ldward AVinslow P^sq'' of Expences in a 
Journey to Bristol, & Attendance of the Gentlemen on his Excellency 
the Governor from thence to Boston, Amounting to the Sum of £261. 
6. 9 Advanced £200 Remains to ballauce £61. 6. 9. 

[Read and Accepted and] 

Resolved that the sum of Sixty one Pounds six shillings & nine pence 
be allowed & paid out of the publiek Treasury to the Aceomptant Eldward 
Winslow Esq"" to be by him repaid to the Persons to whom the same is 
due in full discharge thereof. \_Passed August 9. 



CHAPTER 164. 



Legislative 
Records of the 
Council, xiv., 
125. 

House Jour- 
nal, p. 27. 



ORDER GRANTING SUSAN. HOBBS A LICENSE TO RETAIL LIQUOR. 

A Petition of Susannah Hobbs, AVidow of John Hobbs, late of 
Boston Dec*^ Sliewing that her said Husband had a Licence to retail 
strong Drink, & that the Select men of the said Town had no Objec- 
tion against his Licence being renewed, but before the Time of grant- 
ing Licences this year he died ; And for as much as the Petitioners 
whole Dependance for her Livelihood is on that Trade, Therefore Pray- 
ing that this Court Avould grant her a Licence to sell strong Drink by 
Retail for the present Year, she giving Bond as usual in such Cases. 

Read & 

Ordered that the Prayer of the Petition be so far granted, as that 
npon the Petitioners producing an Approbation from the Select men 
of Boston the Justices for the County of SulTolk be impowered to grant 
her a Licence in their next General Sessions, to be a Retailer of strong 
Liquors ; Any Law, Usage or Custom to the contrary notwithstanding. 
[^Passed August 9. 



[2d Sess.] Province Laws {Resolves, e^c). — 1728-29. 357 



CHAPTER 165. 

RESOLVE ALLOWING £290. 5 TO COLL. NATH'- PAYNE. 

An Accompt presented by Nathaniel Payne Esq' of sundry Dis- Legislative 
bursem'^ & Charges for the Reception &, Entertainrn' of his Excel- councH, xfv!f ^ 
lency the Governor in the Town & County of Bristol, Amounting to '^^ 

the sum of £290. 5. House Jour._^ 

[Read, and Accepted and] !4'«/e,''p.li37,'' 

Resolved that the sum of Two hundred & ninety Pounds five shil- cii;»p- no. 
lings be allowed & paid out of the publick Treasury to the Accompt- 
ant Nathaniel Payne Escf to be by him repaid to whom it is due in 
full discharge thereof. \_Passed August 9. 



CHAPTER 166. 

RESOLVE ALLOWING £3L 16. 9 TO CPT. JAMES WOODSIDE. 

An Accompt presented by Cpt. James Woodside of Disbursem" for Legislative 
the Repairs of Fort Mary ; Amounting to the sum of £33. 16. 9. counci f, x w!!^ 

[Read and] 125. 

Resolved that the sum of Thirty one Pounds sixteen shillings & nine House Jour- 
pence be allowed & paid out of the publick Treasury to Cpt. James 22^'24''27."' ^^' 
Woodside in full discharge thereof. \_Passed August 9. 



CHAPTER 167. 

RESOLVE ALLOWING £87. 12. 9 TO JOSH. FISHER. 

An Accompt presented by Joshua Fisher of Dedham Inn bolder, of ^®^*^.|?"^f tj, 
Expences at his House at the Time when his Excellency the Governor couucif, xiv., 

came from Bristol to Boston, Amounting to the sum of £93. 2. 9. ^ 

[Read, and Accepted and] House jour- 

Resolved that the sum of Eighty seven Pounds twelve shillings & ^«<e, p.337, 
nine pence be allowed & paid out of the publick Treasury to the Ac- '^^^^^' ^^^' 
comptaut Joshua Fisher in full discharge thereof. [Passed August 9. 



CHAPTER 168. 

RESOLVE ALLOWING £34. 5 TO LUKE VARDY. 

An Accompt presented by Luke Vardy, for entertaining eighty Men Legislative 
on the day that his Plxcellency the Governor arrived at Boston, Amount- councff x^iv^^ 
ing to the Sum of £34. 3. 6. 125. 

[Read and Accepted, and] House .Jour. 

Resolved that the sum of Thirty four Pounds^ be allowed & paid out ^niI,\^hTi, 
of the publick Treasury to the Accomptant Luke Vardy in full dis- diap' lio- 
charge thereof. \^Passed August 9. 

' The House Journal reads, £25. 5 ; the State Library copy, Legislative Records of the 
Council, xiv., 142, and Executive Records of the Council, ix., 86, give £25. 



358 



Province Laws (Resolves, etc.). — 1728-29. [Chaps. 169-1 72.] 



CHAPTEK 169 



RESOLVE ALLOWING £14. 6 TO JOHN FULLER. 



Legislative ^ MEMORIAL of John Fuller Setting forth That he was at consider- 

Coumii.xiv., able Expeuce & Trouble in securing the Light house Boat, which was 
- stolen last Winter, & left a Drift among the Ice, near Sandwich Pray- 
ing the Allowance of his Accompt thereof, Amounting to the sum of 
£14. 6. 

Read [and Accepted] & 

Resolved that the sum of Fourteen Pounds six shillings be allowed & 
paid out of the publick Treasury to Coll. Shubal Gorham, to be by him 
[paid] ^ to the s'' Fuller in full discharge thereof. \_Passed August 12. 



12() 

House Jour- 
nal, p. 27. 
Ante, p. 302, 
chap. 10. 



CHAPTER 170. 



RESOLVE ALLOWING £6 TO JOSH. FISHER. 



Legislative 
Records of the 
Council, xiv., 
127^ 

House Jour- 
nal, p. 28. 
Ante, p. 357, 
chap. 167. 



A Petition of Joshua Fisher of Dedhani, Praying that this Court 
would allow him the sum of Six Pounds taken off from his Accompt 
of P^xpences at the Time of the Governors Coming from Bristol, he 
having charged his Wine as he bought it & everything else as low 
as he could without Loss to him self. 

Read & 

Resolved that the sum of Six Pounds be allowed & paid out of the 
publick Treasury to the Memorialist Joshua Fisher in full Satisfaction 
for the Trouble within mentioned. \_Passed August 13. 



CHAPTER 171. 



ORDER ALLOWING THE ACC^ OF THE COUNTY TREAS« OF ESSEX. 



Legislative 
Records of the 
Council, xiv., 
127. 

House Jour- 
nal, p. 29. 



An Accompt presented by John Appleton Esq"" Treasin*er of the 
County of Essex, Having been laid before the Court of General Ses- 
sions of the Peace for the said County and by them allowed ; 

Read & Accepted, & 

Ordered that this Accompt be allowed. [Passed August 14. 



CHAPTER 172. 



ORDER IMPOWERING THO. WABAN TO EXCHANGE LAND. 



Legislative 
Records of the 
Council, xiv., 
127. 

House Jour- 
nal, p. 29. 



A Petition of Thomas Waban of Natick Indian, Praying that he 
may be impowered by an Order of this Court to exchange two Acres 
of Meadow Land belonging to him for Land in the said Town belong- 
ing to Nehemiah Allen of Sherburn which lies much more accomodable 
for the Petitioners Improvem' & that he may be enabled to execute a 
good Deed of Sale or Exchange, The Affair to be under the Oversight 

1 Inserted from the State Library copy. Legislative Records of the Council, xiv., 142. 



[2i) Srss.] Province Laws {Resolves, etc.). — 1728-29. 359 

of such Person as shall be appointed by this Court to see that the Peti- 
tioner have Justice done in the said Exchange. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioner be allowed to make the Exchange accordingly ; And M'' John 
Death is desired to see that the Petitioner has an Ec^uivalent for his 
two Acres of of Land out of the said Aliens Land as to Quantity and 
Quality. \_Passed Augast 14. 



CHAPTER 173. 

RESOLVE ALLOWING £115 TO NATHi- CONEY. 

An Accompt presented by Nathaniel Coney of Stoughton Inn holder Legislative 
of Expences in entertaining his Excellency the Governor & the Gentle- councff.xfv!^^ 
men & Guards that attended him in his Journey from Bristol to Boston, i££^ 

Amounting to the sum of £133. 12. House Jour- 

[Read and Accepted and] ^nte',\^.-ki, 

Resolved that the sum of One hundred & fifteen Pounds be allowed chap', lio. 

& paid out of the publick Treasury to the Accomptant Nathaniel Coney 

in full discharge thereof. \_Passed August 15. 



CHAPTER 174. 

RESOLVE ALLOWING £89 TO REBECCA HOLMES. 

An Accompt presented by Rebecca Holmes of Dining his Excellency Legislative 
the Governor on the Day of his Arrival with two hundred Gentlemen council^ xiv.^^ 
and Officers, with Extraordinaries ; Amounting to the sum of £100. 10. I'^u- 

[Read and Accepted and] House Jour- 

Hesolved that the sum of Eighty nine Pounds be allowed & paid out ^lie^^^.^Si:^^^' 
of the publick Treasury to the Accomptant Rebecca Holmes in full dis- chap', no. 
charge thereof. [^Passed August 16. 



CHAPTER 175. 

RESOLVE ALLOWING £6. 18 TO SHER. WINSLOW. 

An Accompt presented by Edward Winslow Esq"" of sundries omitted ^^?'®,!?**'*'ftt 
out of his Accompt of Expences on the Governors Journey from Bris- councii.xvi., 

tol to Boston, Amounting to the sum of £6. 18. ^^ 

[Read and Accepted and] ?aT'® ss"'''"' 

Resolved that the sum of vSix Pounds eighteen shillings be allowed Ante, id. 356, 
& paid out of the publick Treasury to the Accomptant Edward Wins- ^'^^p- ^^^• 
low Esq'' in full discharge thereof. \_Passed August 16. 

1 Sic. 



360 



Province Laws {Resolves, etc.). — 11 '2^-2^. [Chaps. 176-178.] 



CHAPTER 176. 



Legislative 
Records of the 
Couucil, xiv., 
129. 

House Jour- 
nal, p. 34. 
Ante, p. 317, 
chap. 61. 



ORDER IMPOWERING THO. PEGAN TO SELL LAND. 

A Petition of Thomas Pegtin of Natick Indian, Shewing that on 
his Petition presented to this Court at their last Session, they were 
pleased to allow him to make Sale of six Acres of Land, the Produce 
thereof to be laid out in building & finishing a Dwelling house at Natick 
afore said, Avhich he finds insufficient for that purpose ; And therefore 
Praying that he may have Liberty to sell so much of his Right in the 
common & undivided Lands in Natick as shall be found necessary for 
finishing the said House 

Read & 

Ordered that the Prayer of the Petition be granted, &. W John Death ^ 
is desired to see that Justice be done the Petitioner in the Sale of the 
Laud, & that the Produce thereof be disposed of in the most prudent 
Method for finishing the said Pegans House, so that he may comfort- 
ably dwell therein. \^Passed August 16. 



Legislative 
Records of the 
Council, xiv., 
T29. 

House .Tour- 
nal, p. 34. 



CHAPTER 177. 

ORDER REFERRING THE FALMOUTH PROPRIET^s PETITION TO THE 
NEXT SESSION, WITH NOTICE. 

A Petition of Coll. Thomas "Westbrook, Cpt. Edward Tyng & sun- 
dry others the Heirs & Assigns of the ancient Proprietors of the Town 
of Falmouth in the County of York, at the desire & in behalf of the other 
Proprietors, Setting forth that they labour under great difficulties, & 
sustain unreasonable Loss & Damage in their Estates on the account 
of a number of disorderly Persons taking Possession of their Rights & 
Estates & settling thereon by vertue of pretended Grants of the said 
Town ; Praying for Relief in the Premisses from this Court. 

Read & 

Ordered that the further Consideration of this Petition be refer'd to 
the next Session of this Court, & that the Petitioners serve the Select 
men of the said Town of Falmouth with a Copy of the Petition twenty 
days before the second Fryday of the said Session that they then shew 
cause why the Prayer of the Petition should not be granted.- [Passed 
August 16. 



Legislative 
Records of the 
Couucil, xiv., 
131. 

House .Jour- 
nal, p. 36. 
Ante, p. 357, 
chap. 166. 



CHAPTER 178. 

RESOLVE ALLOWING £20 TO THO. WHARTON AND REFERRING HIS 
ACCOUNT TO THE NEXT FALL SESSION. 

An Accoimpt presented by Thomas Wharton of Work by him done 
in repairing P'ort Mary at Winter Harbour with Materials which he 
found for said Work, Amounting to the sum of £44. 16. 

[Read and] 

Resolved that the sum of Twenty Pounds be allowed & paid out of 

1 The House Journal reads, " D'Aith." 

2 The Secretary's record closes "Consented to, W™ Dummer," a mistake for W™ 
Burnet, who entered upon the office of Governor on July 24. 1728. In the State Librar)- 
copy. Legislative Records of the Council, xiv., 146, the consent is correctly given. 



[2d Sess.] Province Laws (liesolves, etc.). — 1128-29. 301 

the publick Treasury to the Accomptunt Thomas Wharton in part of 
the Amount of this Accompt ; & that the further Consideration of the 
said Accompt be refer'd to the next Fall Session, And in the mean 
time Cpt. Stephen Eastwick is desired to repair to Fort Mary, & view 
the whole of the Work done by the Accomptant, & report his Opinion 
what the same may be worth. [Pas.ser/ August 20. 



CHAPTER 179. 

RESOLVE ALLOWING £14. 9 TO FRAN. WARDEL. 

An Accompt presented by Frances Wardell of Dining forty four Legislative 
Gentlemen on the Day of his Excellencys Arrival, Amounting to y* coii^cu x*iv'*^ 
sum of £14. 9/. i3-2. ' " " 

[Read and] House Jour- 

Eesolved that the sum of Fourteen Pounds nine shillings be allowed Xie^iK 337, 
& paid out of the publick Treasury to the Accomptant Francis Wardell chap. no. 
in full discharge thereof. [Passed August 20. 



CHAPTER 180. 

ORDER REFERRING UXBRIDGE QUAKERS PETITION TO THE NEXT SES- 
SION WITH NOTICE. 

A Petition of Seth Aldrich & Beniamin Taft of Uxbridge in behalf fe^g'^^^t*^?, ^ 

-KiGCOrClS Or ttlG 

of themselves & the other People called Quakers in the said Town, council, xiv., 

Praying that they may be exempt from paying Taxes for the support ^Ji: 

of the Presbyterian Minister & building a, Meeting house there, Con- Ho"se Jour- 
formable to the Agreem' made upon the Towns being set off from Province" 
Mendon ^'^r"^' 

Read & 

Ordered that the Petitioners serve the Select men of the Town of 
Uxbridge with a Copy of this Petition, that so they may give in their 
Answer thereto on the first Fryday of the next Sessions ; & that all 
Proceedings against the Petition" be stayed in the mean time. [Passed 
August 21.^ 



CHAPTER 181. 

ORDER GRANTING TO W" WILLIS A LICENSE TO RETAIL LIQUOR. 

A Petition of William Willis of Medford, Shewing that by reason Legislative 
' Sickness he omitted taking out a Licence to retail strong Drink, ^q^*^,^*!,® *^*i* 
at the last Court of General Sessions of the Peace for the County of 133. 



Middlesex altho he had the Approbation of the Select men of the said House Jour- 
Town, And therefore Praying that the General Sessions of the Peace '^''^'•p-39- 
next to be holden at Concord for said County may be impowered to 
renew his Licence as a Retailer 

Read & 

Ordered that the Prayer of the Petition be granted ; Any Law, Usage 
or Custom to the contrary notwithstanding. \_Passed August 21. 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is Auaust 20. 



3G2 



Province Li av,'S (Besolves, etc.) . — 1728-29. [Chaps. 182-184.] 



CHAPTEK 182 



RESOLVE FOR ADJOURNING CONCORD COURT. 



Legislative 
Records of the 
Council, xiv., 
134. 

House Jour- 
nal, p. 42. 
Province 
Laws, i., 700, 
chap. 5. 



Whereas the Court of General Sessions of the Peace & Inferior 
Court of Common Pleas for the County of Middlesex are b}' Law 
appointed to be held & kept at Concord for said County on the last 
Tuesday of this Instant August; And niauy of the Justices of the 
said Courts, & others concerned there are Members of this Court ; 

Resolved that in consideration of the Sitting of the Great & General 
Court, the Justices of the said Court of General Sessions & Inferior 
Court of Common Pleas are hereby impowered & directed to adjourn 
the same to the third Tuesday in September next, Then & there to be 
held at Concord afore said ; Any Law, Usage or Custom to the con- 
trary notwithstanding. [_Passed Aucjust 23. 



Legislative 
Records of the 
Council, xiv., 
135. 

House Jour- 
nal, p. 4-2. 
Ante, p. 'ilO, 
chap. 73. 



CHAPTER 183. 

RESOLVE ALLOWING £24 TO D" SAM^- MOODEY. 

A Petition of Samuel Moodey Esq'' at the desire & in behalf of his 
Son D"" Samuel Moodey, Shewing that whereas the said D' jMoodey pre- 
sented his Accompt, Amounting to the Sum of £34. 11 to this Court in 
their last Fall Session, & the Court were pleased to allow but ten l*ounds 
thereon altho the Charges were reasonable, & the several Medicines & 
Attendance were for those that were in the Service of the Goverum' 
& an Indian by Order of the Lieuten' Governor ; And for as much as 
tlie said D' Moodey has not received aii}^ thing out of the publick Treas- 
ury, Praying that the Whole of the said Accompt maj' be allowed. 

Read [and Accepted] & 

liesolved that the sum of Twenty four Pounds (inclusive of the Ten 
Pounds formerly allowed out of tlie publick Treasury [)] ^ be allowed 
& paid out of the publick Treasury to the Petitioner Samuel ]\Ioodey 
Esq'' for the use of D'' Samuel Moodey in full discharge thereof. 
\_Fassed August 24. 



CHAPTER 184 



RESOLVE ALLOWING £8 TO JOHN LUCAS. 



Legislative 
Records of the 
Council, xiv., 
136. 

House Jour- 
nal, p. 43. 
^n/e, p. 337, 
chap. 110. 



An Accompt presented by John Lucas of Horses b}- him provided 
for the Governors Chariot from Bristol, his Work in hanging the Gov- 
ernors Coach, Chariot &c. Amounting to the sum of £8. 

[Read and Accepted and] 

Resolved that the sum of Eight Pounds be allowed & paid out of 
the publick Treasury to the Accomptaut John Lucas in full discharge 
thereof. \^Passed Axigust 26. 



I Inserted from the State Library copy, Legislative Records of the Council, xiv., 153. 



[2d Sess.] Province Laws (liesolves, etc.). — 1728-29. 363 



CIIAPTEK 185. 

RESOLVE FOR ISSUING £20,000 IN BILLS OF CREDIT, AND PROVIDING 

SECURITY. 

Resolved that the Treasurer be & hereby is iin powered & directed ^,?oi.lf"ofthe 
to issue forth & emit the sum of Twenty thousand Pounds in Bills of Council, xiv., 

Credit on this Province for tlie necessary Defence & Support of the M^!^ 

Governm' & the Protection & Preservation of tiie Inhabitants thereof, \l!^\^^^J^^\i^ 
The said Twenty thousand Pounds being already in the hands of the I'ltlvinc-e 
Treasurer, & received for Taxes, Impost &c, To be issued & disposed Laws, n., 524. 
of by Warrant under the hand of his Excellency the Governor with 
the Advice & Consent of the Council ; Nineteen thousand five hundred 
Pounds thereof shall be applied for the uses, Intents & Purposes in 
this Resolve hereafter expressed ; viz, For the Payment of Grants, Pre- 
miums & Stipends established by Law, for the defraying & paying the 
Charge of Castle William, & the other Forts & Garrisons, Transports 
Muster Rolls of Soldiers & Sailors, Allowances &c, and all other Ac- 
compts of Charges, allowed & pass'd on for Payment by this Court ; 
And that the sum of Five hundred Pounds shall be applied for the Pay- 
ment of Expresses, dispatched in the Service of this Governm' in the 
Recess of this Court, together with all other necessary & unforeseen 
Charges that demand prompt Payment, which shall arise in the Recess 
of this Court as afore said ; Provided always that the several Draughts 
upon the Treasurer as afore said express & declare out of which of 
the two sums afore mentioned the Money is to be paid : And the said 
Bills shall pass out of the Treasury at the Value therein expressed 
equivalent to Money, «fe shall be so taken & accepted in all publick 
Payments. 

And the Duties of Impost & Excise together with all other Incomes 
shall be a Fund & Security for the payment & drawing the said Bills 
into the Treasury again, so far as the same will reach. 

And It is further 

Resolved that there be & hereby is granted unto his most Excellent 
Majesty for the Ends & Uses afore said, & for no other Ends & Uses 
whatsoever a Tax of Twenty thousand Pounds to be levied upon Polls 
& Estates both real & personal within this Province according to such 
Rules & in such proportion upon the several Towns & Districts within 
the same as shall be agreed on & ordered by the Great & General Court 
or Assembly, of this Province at their Session in May One thousand 
seven hundred & thirty nine, & paid into the publick Treasuiy on or 
before the last day of December next after. \_Passed August 28. 



CHAPTEE 186. 

ORDER IMPOWERING BENONI WATERMAN TO TRY A CASE. 

A Petition of Benoui Waterman of Barbadoes Shewing that, Having Legislative 
commenced an Action of Review at the Superior Court now sitting in couucif xiv^^ 
Boston of a Cause brought originally against him by Adam Tuck of i38. 
Boston at the Inferior Court for the County of Suffolk held at Boston House Jour- 
in October last, His Lawyer made a Mistake in the Summons, stiling "*>> pp-^^, 4,. 
the Petitioner P"'arrier instead of Merchant, as he is stiled in the Writ ; 



3(54: 



Province Laws {jResolves,etc.). — 112S-2d. [Chaps. 187, 188.] 



By which Mistake his Writ was abated, Praying that the Justices of 
the Superior Court may be impowered & directed to amend the said 
Summons, & proceed to the Trial of the said Cause by a Jury, The 
Petitioner paying down to the Defendent the Costs which have hitherto 
accrued iu the said Cause. 

Read & 

Ordered that the Prayer of the Petition be granted, And the Justices 
of the Superior Court of Judicature are impowered & directed to order 
an Amendm' on the Summons herein refer'd to, & to try the Cause men- 
tioned in the Petition, the Petitioner paying the Costs hitherto incur'd ; 
Any Law, Usage or Custom to the contrary uotwithstandiug. \_Fassed 
August 28. 



CHAPTEK 187. 



ORDER IMPOWERING RICHARD SUTTON TO APPEAL A CASE. 



Legislative 
Records of the 
Council, xiv., 
137, 139. 

House Jour- 
nal, p. 50. 



A Petition of Richard Sutton of Charlestown, Shewing that. Having 
appealed from a Judgment given against him at the last Inferior Court 
of Common Pleas for the County of Suffolk to the Superior Court, now 
sitting in Boston in an Action brought against him by one John Arnault ; 
By reason of Sickness on the first day of the Court & the Neglect of his 
Lawyer, his said Appeal was not enter'd ; And therefore Praying that 
he may be now impowered to enter his Appeal in the said Cause. 

Read together with the Answer of John Arnault ; And the same being 
fully considered ; 

Ordered that the Prayer of the Petition be granted, & that the Peti- 
tioner be enabled accordingly' to enter the Appeal herein refer'd to ; 
And that the Justices of the Superior Court of Judicature, be impow- 
ered & directed to hear & determine the said Appeal ; The Petitioner 
to pay the Cost hitherto incur'd in the said Superior Court & to give 
due Notice of the Trial to the adverse Party ; Any Law, L'sage, or 
Custom to the contrary notwithstanding. \_Passed August 29. 



CHAPTER 188 



Legislative 
Records of the 
Council, xiv., 
140. 

House Jour- 
nal, p. 51. 
Province 
Laws, X., 249, 
chap. 264. 



ORDER IMPOWERING NATICK PROPRIETORS TO GIVE A DEED OF LAND. 

A Petition of Thomas Pegan & others, a Committee for the Indian 
Proprietors of Natick, Shewing that whereas this Court were pleased 
to impower the said Proprietors to make over by their Deed a certain 
Tract of Land in Natick afore said to the Rev*^ j\P Oliver Peabody 
their Minister, upon certain Conditions to be performed on his part ; 
Which Conveyance does not wholly answer the good end by them pro- 
posed ; Therefore Prajnng that this Court would confirm an other Deed, 
which they have made & executed, & which is, herewith exhibited, bear- 
ing Date the 29"' of July 1728, for making sure the said Land to the said 
M' Oliver Peabody. 

Read & 

Ordered that the Praj^er of the Petition be granted, «fe 

Voted that it shall be lawful for any one of the Justices of the Peace 
for the County of Middlesex to take the Acknowledgem' or Proof of the 



[2d Sess.] Province Laws {Resolves, e^;.). — 1728-29. 3(35 

above Deed ; And the Title of the Land within mentioned is thereupon 
conlirnied to tlie said Oliver Peabody his Heirs & Assigns forever, agre- 
able to the Tenour of the said Deed accordingly. [Passed August 30. 



CHAPTER 189. 

RESOLVE ALLOWING £50 TO SOLOM. HEWES. 

An Accompt presented by Solomon Hewes of Expence at his House Legislative 
at the time of the Governors Journey from Bristol to Boston Amount- counclf xiv!^^ 

ing to tlie sum of £55. 13. 5. ifo^ 

[Read and Accepted and] House .Jour- 

Resolved that the sura of Fifty Pounds be allowed & paid out of the "A^ntel'^phz-i, 
publick Treasury to the Accomptant Solomon Hewes in full discharge ci^'ip- no- 
thereof. \_Passed August 30. 



CHAPTER 190. 

RESOLVE ALLOWING £3. U. 3 TO MAJOR SAM^ MOODY. 

An Accompt presented by Major Samuel Moodey of Provisions sup- Legislative 
plied the Lieulen' Governor & Council at the Ratification of the Peace coimi^i^ xiv*^^ 
at Falmouth in July 1727, Amounting to the sum of £3. 14. 3. ui. 

[Read and accepted and] House Jour- 

Resolved that the sum of Three Pounds fourteen shillings & three ^mV^'p^wi 
pence be allowed & paid out of the publick Treasury to the Accompt- chap'. 75. 
ant Samuel Moodey Esq"^ in full discharge thereof. \_Passed August 30. 



CHAPTER 191. 

ORDER IMPOWERING NATH'- COOCHUCK TO SELL LAND. 

A Petition of Nathaniel Coochuck of Natick Indian, Shewing that Legislative 
He has contracted considerable Debts by the Sickness & Death of cown! xiv !,'^ 

several in his Family, Praying that he may be allowed to make Sale ^^'^< ^'^'^- 

of Forty five Acres of Land belonging to him in order to his dis- House Jour- 
charging the said Debts; The Remainder of the Produce to be vested '^''''P-^*- 
in some real Estate, or at least that he may be enabled to make Sale 
of fifteen Acres to clear his Debts afore said 

The Committee appointed to inquire into & report upon the Subject 
Matter of the Petition of Nathan^ Coochuck of Natick, having made 
Inquiry into the Debts of the Petitioner & how they were contracted, 
are humbly of Opinion that it is necessary for the Petition'' to make 
Sale of some Part of his Land at Natick to make Payment of his just 
Debts ; And forasmuch as it has always been the Practice of this Hon'''^ 
Court in such Cases to direct that a suitable Person or Persons take 
Care that the Indians be not wronged in the Sale of their Lands, The 
Committee further humbly offer that if this Hon''''' Court shall think 
fit to enable the Petitioner with the Advice of such suitable Person or 
Persons to make Sale of his whole Lot in Natick aforesaid, The Pro- 



366 



Province Laws (i?eso?^;es, ete.). — 1728-29. [Chaps. 192, 193.] 



ceeds thereof to be applied to the Uses mentioned in the said Petition, 
viz, to purchase some other Tract of Land, pay his Debts, & enable 
him to build upon, break up & clear the same, It may be of great Ser- 
vice & Benefit to tlie Petitioner. 

All which is humbly submitted 

John Chandler 
Edw" Goddard 
John Death.' 
Read & 

Ordered that this Report be accepted & that John Chandler Esq' M' 
Edward Goddard & M"" John Death' (or any two of them) be desired 
to assist the Petitioner Nathaniel Coochuck in the Sale of the Land 
above mentioned, & in disposing of the iMoney to be produced thereby, 
according to this Report. \_Passed August 31.- 



CHAPTER 192 



ORDER STAYING EXECUTION AND ALLOWING JOHN WILLIS A NEW 
TRIAL, WITH NOTICE. 



Legislative 
Records of the 
Couucll, xiv., 
141. 

House Jour- 
nal, p. 54. 



A Petition of John Willis of Medford, Setting forth that Judgment 
by Default was given against him at the Inferior Court of Common Pleas 
held at Bristol in April last upon a Writ taken out against him by Isaac 
Gould of Barrington, & PLxecution was taken out & served on the Peti- 
tioner accordingly altho tlie said Writ was never served upon him, nor 
had he the least Knowledge of the said Action until .Judgment was given 
& Execution taken out. Praying for Relief against the said irregular and 
illegal Proceedings. 

[Read and] 

Ordered that the Judgment refer'd to in the Petition be declared null 
& void & of none effect, & the Execution thereon stayed & superseded. 
And that the said Isaac Gould have leave to enter his Action de Novo 
at the next Inferior Court of Common Pleas to be held at Bristol on 
the Writ within mentioned, & have a Trial thereon, he giving the Peti- 
tioner Willis fourteen days Notice of this Order before the sitting of 
the Court, Any Law, Usage or Custom to the contrary notwithstand- 
ing. [^Passed August 31. 



CHAPTER 193. 



TOTE REQUIRING LOAN COMMISSIONERS TO SETTLE THEIR ACCOUNTS. 



Legislative 
Records oi' the 
Council, xiv., 
144. 

House Jour- 
nal, p. 54. 
Province 
Laws, 11., 61, 
chap. 18. 



Voted that the Treasurer be directed to notify the respective Com- 
missioners of the several Counties of the Province for letting out the 
£100,000 Loan that have been deficient in rendering their Accompts 
or paying the Principal or Interest of the said Loan according to the 
Order of this Court, that they immediately comply with their Duty in 
that respect. [^Passed August 31. 

' The House Journal reads, " D'Aeth.^' 

2 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is August 30. 



[2d Sess.] Province Laws {Resolves, etc.). — 11 ^^-^d. 367 



CHAPTEK 194. 

RESOLVE ALLOWING £n. 10 TO REB. HOLMES. 

A Petition of Rebecca Holmes, Praying (for sundry Reasons therein Legislative 
particular!}^ mentioned) that this Court would allow her what they have co'uucii'^, xiv.,^ 
taken off from her Accompt of the Entertaium' made on the Day of the ^ 



Governors Arrival at Boston. House Jour- 

nil p 5*** 

Read & In answer to this Petition, Ante,\)Am, 

Resolved that the sum of P^leven Pounds ten shillings be allowed & ciiap- n4. 

paid out of the publick Treasury to the Petitioner Rebecca Holmes in 

full discharge of the said Accompt. \_Passed September 4. 



CHAPTER 195. 

ORDER IMPOWERING THE ASSESSORS OF NEW SOUTH PRECINCT OF 
BRANTREY TO LEVY A TAX OF ONE PENNY PER ACRE, ON LAND. 

A Petition of Moses Curtis & Thomas Wales in behalf & by direc- Legislative 
tiou of the Inhabitants of the new Precinct in the Southern Part of comSx^Iv!!^ 

Brantrey Praying that they may be impowered to tax the Lands lying 149^ 

there at one penv per Acre for the support of the Minister. House Jour- 

TD ^ e nal, pp. 58, 59, 

Read & (,2. Ante, 

Ordered that the Prayer of the Petition be granted, & that it shall p. 256, chap. 88. 
be lawful for the Assessors of the said Precinct, to assess & levy a Tax 
of one peny per acre per Annum on all the wast Lauds there for the 
space of three years next coming for the use of the Ministry there ; 
& the said Lands to be subjected to said Tax accordingly. Any Law 
Usage or Custom to the Contrary notwithstanding. [^Passed Septem- 
ber 7.1 

CHAPTER 196. 

ORDER IMPOWERING JOHN ABSOLAM TO MAKE A SALE OF LAND. 

A Petition of Jonathan Plimpton of Medfield Attorney to John Legislative 
Absolom of Providence Husbandman, Shewing that Samuel Ompa- councif, xiv!]® 

tenenam of Natick mortgaged a Tract of Land containing about ninety loo^ 

Acres lying in said Place for the sum of £19. 2. 4 taken up of the said House Jour- 
Absolom, And for as much as the said Ompateuenam is now dead & °'' • ^' ^^' 
has left no Relations, having before his Death contracted several Debts, 
which were paid by the said Absolom ; & M'' Joseph Baxter is desirous 
to purchase the said Land, & give the full Value of it ; And therefore 
Praying that the Petitioner as Attorney as aforesaid may be impowered 
to sell the said Land to the said M'' Baxter for the most it will fefch, 
the Produce to be applied for the Payment of the said Ompatanenams 
Debts, & the Overplus to be for the Proprietors of Natick. 

Read & 

Ordered that the Prayer of the Petition be granted ; And M' John 
Death is joined with the Petitioner to make Sale of the mortgaged 
Premisses to the best advantage accordingly to discharge what is due 
on the Mortgage within mentioned; The Overplus arising by the Sale 
of the Premisses to wait the Order of this Court. \_Passed September 11. 

' This date is according to the House Journal; according to Legislative Records of the 
Council the date is September 5. 



368 



Province 'LA^\s (Besolves, etc.). — 1728-29. [Chaps. 1'J7-1*J9.] 



CHAPTER 197. 



VOTE APPOINTING A COMMITTEE ON THE PETITION OF JOHN EVERED 
&c OF STOUGHTON & DEDHAM TO BE MADE A SEPARATE TOWN. 



Legislative 
Records of the 
Council, xiv., 
152. 

House Jour- 
nal, p. 66. 
Ante, p. 2U, 
chap. 31. 



A Petition of Joseph Smith & divers others Inhabitants of the South- 
erly & South west Parts of Dedhara, Praying that they & their Fam- 
ilies & Estates according to the Bounds particularly described in the 
said Petition may be set off from Dedham, & with divers Inhabitants 
of the Town of Stoughton constituted a separate Town or Precinct. 

A Petition of John Evered & others, Inhabitant of the Town of 
Stonghton, Praying that they, their Families & instates may be set 
off from the Town of Stoughton according to the Limits in the said 
Petition particularly described, & together with sundry Inhabitants of 
the Town of Dedham constituted a separate Town or Precinct. 

Read & In answer to these two Petitions, 

Voted that M' Nathan Fiske & jVP Samuel White with such as shall 
be appointed by the Hon''''' Board be a Committee to repair to the 
Towns of Dedham & Stoughton, & view the Circumstances of the Peti- 
tioners, & make report as soon as may be, Whether it be most proper 
that Dedhara should continue with Preaching at the Charge of the 
Town in the Southerly Parts for five months in the year, according 
to a late Act^ of the Court, & erect a Meeting house for that end or 
Whether it be more convenient that there be a Precinct made, partly 
of the Southerly Part of Dedham & partly of the Westerly Part of 
Stoughton, The Petitioners to give notice to the Town Clerk of 
Stoughton at least ten days before the Committees attending this 
Service, by a Gop}'^ of this Order & an Account of the Time of the 
Committees Meeting under the Hand of the ^Nlajor Part of them : The 
Charge to be born by the Petitioners. \_Fassed September 12.^ 



CHAPTER 198 



RESOLVE ALLOWING £42 TO D« ROB^ GIBBS. 



Legislative 
Reconls of the 
Council, xiv., 
153. 

House .Jour- 
nal, p. 67. 
Ante, p. 337, 
Chap. 110. 



An Accompt presented by D' Robert Gibbs of Providence of sundry 
Disbursements for the Entertainm' of his Excellency the Governor by 
Order of the Governm' Amounting to the sum of £G2. 19. 

[Read and Accepted and] 

Resolved that the sum of Forty two Pounds be allowed & paid out 
of the publick Treasury to the said Robert Gibbs, which with what is 
left in his hands is in full of his Accompt for his Care «& Trouble in 
purchasing the particulars within mentioned. \_Passed Sejytember 12. 



CHAPTER 199. 



Legislative 
Records of the 
Council, xiv., 
153. 

House Jour- 
nal, p. 54. 



ORDER FOR A NEW PRECINCT IN THE TOWN OF HAVERHILL. 

A Petition of John Clements & sundry others Inhabitants of the 
Town of Haverhill, Setting forth that the said Town at a legal INIeet- 
ing on the 18"' of June last, voted their Consent & Approbation of 
the Petitioners being set off a separate Precinct by a Line beginning 

' Ante, p. 231, chap. 31, — not an "Act," properly speaking. 
" No record of appointment by the Council appears. 



[2d Sess.] Province Laws {Resolves, etc.). — 112^-2^. 369 

at tlie Westerly End of IJrandy Brow Hill on Amesbiny Line, & from 
thence to the Northerly End of the hither North Meadow ; & then, as 
the Brook runs, from the said ]\Ieadow down the Fishing River, till 
it comes to the Bridge over the lirook by Nathaniel Marbles, & from 
thence on a strait Line North west, one quarter of a Point North to 
y'' bounds of Haverhill ; Praying for the Authority of this Court to 
constitute them a separate Precinct accordingly. 

Read & 

Ordered that the Prayer of the Petition be granted ; & the Lands 
mentioned & described by the Metes & Bounds within set forth, be 
& hereby are set off & erected into a separate & distinct Precinct ; 
And the Inhabitants are endowed with equal Powers, Pi'ivileges & 
Immunities with any other Precinct within this Province ; And that 
M'' John Clement a principal Inhabitant of said Precinct be & hereby 
is fully authorized & inipowered to call the first Precinct Meeting for 
the Choice of Parish Officers, to continue until the next Annual Elec- 
tion. \_Passed September 12. 



CHAPTEK 200. 

VOTE GRANTING 200 ACRES OF LAND TO CPT. THO. COULTON. 

A Petition of Cpt. Thomas Colton, Setting forth his long & frequent ^^foi?^"^® the 
Services in the Wars against the Indians & the Difficulties he pass'd councii.xiv., 

through to the great impairing of his Health, And therefore Praying }2^ 

for a Grant out of the unappropriated Lands of this Province. naTppfes^es. 

Read & In answer to this Petition, 

Voted that Two hundred Acres of Land be granted to the Petitioner 
in the next Town that shall be laid out in the County of Hampshire, 
to be taken up promiscuously with the other Inhabitants free of all 
Charge to the Petitioner, except the surveying. He or his Assigns 
building upon & settling the same within seven years from its being 
taken up. \_Passed Se2)temher 13. 



CHAPTEE 201. 

RESOLVE ALLOWING £69. 3. 6 TO M« THO. CUSHING. 

An Accompt presented by M' Thomas Cushiug of Disbursements in Legislative 
providing for the Governor by Order of the Court, Amounting to the couricif, xiv!r 

sum of £279. 3. 6 Rec*^ £210 Ballance remaining due is £69. 3. 6. 15*^ 

[Read and Accepted and] House Jour- 

Resolved that the sum of Sixty nine Pounds three shillings & six ^nte,'^r2-,9, 
pence be allowed & paid out of the publick Treasury to the Accompt- ^^^v- W6. 
ant M'' Thomas Cushing, to be by him paid to whom it is due in full 
discharge thereof. \_Passed September 13. 



370 



Province Laws {Resolves, e^c.). — 1728-29. [Chaps. 202-205.] 



CHAPTEK 202. 



Legislative 
Eecords of the 
Council, xiv., 
155. 

House Jour- 
nal, p. 69. 
Ante, p. 25S, 
chap. 94. 



RESOLVE ALLOWING £60 TO ELISHA COOK ESQ«. 

Resolved that the sum of Sixty Pounds be allowed & paid out of the 
publick Treasury to Elisha Cook Esq"^ in consideration of his Excellency 
Governor Burnet & his Family, being at his House until his Excellencys 
Removal into the Province House. \_Fassed September 14. 



CHAPTEK 203. 



RESOLVE ALLOAVING £4. 17. 6 TO RICH" HUNT. 



Legislative 
Records of the 
Council, xiv., 
155. 

House Jour- 
nal, pp. 51, 69. 
Ante, p. 337, 
chap. 110. 



An Accompt presented by Richard Hunt of a Horse by him provided 
to draw in the Govern" Coach &c, Amounting to y"-' sum of £4. 17. 6. 

[Read and] 

Resolved that the sum of Four Pounds seventeen shillings & six pence 
be allowed & paid out of the publick Treasury to the Accomptant Richard 
Hunt in full discharge thereof. [^Passed September 14. 



CHAPTEK 204. 



ORDER GRANTING DAN'- HOW A LICENCE TO KEEP A TAVERN. 



Legislative 
Records of the 
Council, xiv., 
161. 

House .Jour- 
nal, p. 77. 
Province 
Laws, ii., 415, 
chap. 1. 



A Petition of Daniel How of Framingham Shewing that he has lately 
obtained the Approbation of the said Town for his keeping a Tavern, 
And Praying that the Justices of the County of Middlesex in their 
present General Sessions may be inipowered to grant him a Licence 
accordingly 

Read & 

Ordered that the Prayer of the Petition be granted, & the Justices of 
the Peace for the County of IMiddlesex in their present Sessions at Con- 
cord, are allowed & inipowered, if they see Cause, to grant a Licence 
to the Petitioner to keep a Tavern at Framingham for the Year Cur- 
rant, The time by Law appointed for granting Licences this year being 
elapsed notwithstanding. [^Passed September 19. 



CHAPTEK 205. 



ORDER SUPERSEDING FORMER ORDER OF THE COURT IMPOWERING 
FRANCIS MOORE TO SELL L.\ND. 



Legislative 
Records of the 
Council, xiv., 
154, 161. 

Legislative 
Records of the 
Council, xi., 
565; xii., 7. 
House Jour- 
nal, pp. 71, 77. 



A Petition of Elisabeth Cook in behalf of her Brother William Cook 
a Minor, Shewing that whereas Francis Moor, a Guardian to the said 
Cook hath obtained an Order of this Court to sell Part of his Real 
Estate to pay the Debts, he has already sold more than is sufficient 
for that end ; & therefore Praying that the said Power may be revoked. 

Read together with the Paper given in by Francis Moore ; & the 
Matter being dul}^ considered, 

Ordered that the former Order of this Court inipowering Fraucis 



[2d Sess.] Province Laws (JResolveft, etc.). — 1728-29. 371 

Moor to sell any part of the Real Estate of the within named Wil- 
liam Cook be & hereby is supersed[edj henceforward & determined. 
IFassed September 20. 



CHAPTER 206. 

RESOLVE ALLOWING £L5. 6. 6 TO SIMON ROGERS. 

A Petition of Simon Rogers of Boston, Praying that he may be Legislative 
allowed his Accompt of dining the Governors Troop of Guards when council'', xiv.,^ 
they went to attend his Excellency to Boston. ^ 



Read [and Accepted] & House .Jour- 

Resolved that the sum of Fifteen Pounds sixteen shillings & six pence ^„u,'-p. 337, 

be allowed & paid out of the publick Treasury to the said Simon Rogers chap. no. 

in full discharge thereof. \_Passed Sejytember 23. 



CHAPTER 207. 

VOTE IMPOWERING CAPT JOSEPH HEATH TO BUILD A HOUSE FOR THE 
INDIANS AT RICHMOND. 

Voted that Cpt. Joseph Heath be and hereby is impowered & directed ||fords"oniie 
to build a convenient Out house at Richmond for the Reception of the Council, xiv., 

Indians that come to trade there, & for the sheltering them from the ill^ 

Extremity of the Weather ; and that a sum not exceeding Twenty seven ^ .fj^p^/g-^^gg^ 
Pounds be allowed for that purpose ; & that the said Cpt. Heath lay an ' ' 
Accompt of the Charge of building the said Out house before this Court 
for Payment. \_Passed Se2te7nber 25. 



CHAPTER 208. 



RESOLVE ALLOWING £8 TO THO. INGOLLS. 



An Accompt presented by Thomas Ingolls of Time & Expence in Legislative 



Records of the 



Riding Express from Albany, Amounting to the sum of £9. 10. Council, xiv., 



[Read and] 



171. 



Resolved that the sum of Eight Pounds be allowed & paid out of the House Jour- 
publick Treasury to the Accomptaut Thomas Ingolls ^ in full discharge ^^ ' ^^' " ' 
thereof. \^Passed September- 28. 



CHAPTER 209. 

RESOLVE ALLOWING £413. 12 FOR REPAIRS AT CASTLE "WILLIAM. Legislative 

Records of the 
r, -r 1 /. 1 /-ii /? Council, xiv., 

An Accompt presented by Cpt. John Larrabee of the Charge or 173. 
building a Wharf at his Majestys Castle William, & making sundiy Executive 
Repairs there according to Order, Amounting to the sum of £413. 12. councii* fx * 96 

[Read and Accepted and! House Jour'- 

^ ^ -" nal, p. 91. 

' The House Journal reads, '■^ Inrjersoll" 



372 



Province Laws (Besolve.% e^c.). — 1728-29. [Chaps. 210, 211.] 



Ante,vsri, Besolved that the sum of P'our hundred & thirteen Pounds twelve 

/n/m, ciiap. shillings be allowed & paid out of the publick Treasury to the Accompt- 
^^^- ant Cpt. John Larrabee to be by him repaid to whom the same is re- 

spectively due in full dischai-ge thereof.^ \_Passed October 2. 



CHAPTEK 210. 



Legislative 
Records of the 
Council, xiv., 
174. 

House Jour- 
nal, p. 91. 
Supra, chap. 
209. 



RESOLVE ALLOWING £15 TO L^ JOHN LARRABEE. 

Resolved that the sum of Fifteen Pounds be allowed & paid out of 
the publick Treasury to Cpt. John Larrabee for his extraordinary Ser- 
vice, Care & Trouble in inspecting the late Repairs at his Majestys 
Castle William. \_Passed October 2. 



CHAPTEE 211. 

ORDER IMPOWERING THE TOWN OF LUNENBURGH TO LAY OUT 2,920 

ACRES OF LAND. 



Legislative 
Records of the 
Council, xiv., 
174^ 

House .Jour- 
nal, p. 91. 
Province 
Laws, X., 45, 
chap. 98. 



A Petition of Josiah Willard & Hezekiah Boynton Agents for the 
Town of Lunenburgh, Praying that the said Town may be allowed an 
Equivalent for Two thousand nine hundred & twenty Acres of Land 
lately taken out of the said Town & added to Lancaster new Grant, 
& that the Records & Transfers of Land in said Town, which are now 
in the Secretarys Office, be delivered to them, & that the Lands in said 
Township be subjected to a Tax of Two pence per Acre to defray the 
Ministerial Charges there. 

Read [and Accepted] «&; 

Ordered that the Town of Lunenburgh have Liberty by a Surveyour & 
Chain men on Oath to lay out Two thousand nine hundred & twent}' Acres 
of Land on the West side of the said Town, & contiguous to- thereto, 
by a Parallel Line with their West Line through out, as an Equivalent 
for the Land taken from said Town for & within Lancaster new Grant, 
A Plat thereof to be returned to this Court as soon as may be for Con- 
firmation; And that the Town give an Equivalent to the. Persons who 
had Lots laid out in the Land falling within the said Grant ; That the 
Records & Transfers of Lots in the Town of Lunenburgh now in the Sec- 
retarys Office & in former Committees Hands be delivered to the Town 
in order to their making a proper Record for the Use of the Town ; And 
that the Assessors for the said Town of Lunenburgh be impowered to 
assess all the unimproved Lands within the said Town at One peny per 
Acre per Annum for the Space of three years next coming to enable 
them to support the public Worship of God among them. [Passed 
October 2. 

1 The Governor's consent is recorded in the State Library copv, Legislative Records of 
the Council, xiv., 195, but not in the Secretary's copy. The record of payment. Executive 
Records of the Council, ix., 96, also shows that the resolve had the Governor's consent. 

a iiic. 



[2d Sess.] Province Laws (Besolves, etc.). — 1728-29. 373 



CIIAPTEE 212. 

ORDER IMPOWERING JOHN ARNAUT TO RE-ENTER AN ACTION. 

A Petition of John Anmut of Boston, Praying to be impowered by Legislative 
this Court to re-enter an Aetion at the next Inferior Court of Coinmou oounclf xiv!^ 

Pleas to be held at Charlestovvn for the County of Middlesex, which was i"'^. I'^s- 

brought against him at the late Court held at Concord for said County, House Jour- 
& Judgment was given against him by Default for the sum of £34. 3 ^nie'\). 864, 
& Costs Richard Sutton of Charlestown being Plaintiff in said Action, chap. i87. 

Read together with the Answer of Rich'^ Sutton, And the same being 
duly considered. 

Ordered that the Prayer of the Petition be granted ; And the Justices 
of the Inferior Court of Common Pleas are impowered & directed to hear 
& determine the said Cause accordingly ; Any Law, Usage or Custom 
to the contrary notwithstanding. [^Passed October 5. 



CHAPTEE 213. 

VOTE FOR CELEBRATING THE KINGS CORONATION. Legislative 

Records of the 
Couucil, xiv., 

Voted that the Sheriff of the County of Suffolk be directed to make i76. 



suitable Provision for celebrating his Majestys Coronation To-Morrow House Jour- 
in the After Noon at the Council Chamber. \_Passed* October 10. PosVfpl'IVe 

chap'. 222. 



CHAPTEE 214. 

VOTE APPOINTING JOSEPH HALE ON THE AVAMESECK & BILLERICA Legislative 

COMMITTEE. Records of the 

Council, XIV., 

17(5. 

Voted that INP Joseph Hale be added to the Committee, appointed House Jour- 
to consider the Petitions of Samuel Hunt & others of Wameseck & nai. p. a^. 
Billerica in the room of M' John Hobson, who is employed on other chap. 28. ' 
publick Service. [^Passed October 10. 



CHAPTEE 215. 

VOTE FOR BRINGING ON THE BUSINESS OF THE FALL SESSION. 

Whereas at a Session of this Court in May last & in the present Legislative 
Session several Matters were continued over for further Consideration councif, xiv.,^ 

to the Fall Session ; some of which have had particular days assign'd ^'^ 

them ; And in as much as this present Session is lengthened out to the House Jour. 
Fall of the Year ; Therefore °^'' ^- ^^• 

Voted that the several Matters & Things continued as aforesaid shall 
& may be brought on, Such as had not particular Days assigned on 
Thursday the twenty fourth Instant; And those which had a certain 
day appointed for Hearing may be brought on such Days next after 
the said twenty fourth Instant as were fixed after the first Day of the 



374 Province Laws {Resolves, etc.). — 1728-29. [Chaps. 216-218.] 

Fall Session, Provided that in Petititions ' that are continued as afore- 
said, & in this Session b}' vertue of this Order to be heard, the adverse 
Party to have timely Notice. \_Passed October 12. 



Legislative 
Records ol the 
Council, xiv., 
177. 

House Jour- 
nal, p. 96. 
Love's Fast 
and Thanks- 
giving Days 
of New Eng- 
land, p. 491. 



CHAPTER 216. 

DAY OF THANKSGIVING APPOINTED. 

Voted that it is the Desire of this Court, That his Excellency would 
appoint a Day of publick Thanks Giving to Almighty God for his many 
Blessings conferred on this People. \_Passed * October 12. 



CHAPTER 217. 



VOTE IN REGARD TO DELINQUENT GRANTEES IN Y^ NORTH TOWN IN 

TURKEY HILLS. 



Legislative 
Records of the 
Council, xiv., 
177. 

House Jour- 
nal, p. 57 
(171'J) ; pp. 9.5, 
96. Ante, 
p. 353, chap. 
154. 



A Pp:titiox of Joseph Stevens & Timothy Heald in behalf of the 
Committee appointed to inspect the Settlements in the North Town 
in Turkey Hills, Setting forth the Dithculties they are under in their 
Settlement & Praying that they may have such Power & Authority 
from this Court as is necessary for the speedy & effectual settling of 
the said Town according to the original Order. 

Read [and Accepted] & 

Voted that the Committee for the North Town be & hereby is directed 
to present to this Court a Schedule of the Names of such Persons who 
do not comply with the Condition of their Grants within the space of 
twelve months next coming, that so the Court, if they see cause, may 
declare the Lots of such Persons forfeited ; And all the unappropriated - 
Lands laid out or that shall be laid out within the said twelve months 
next coming within the said Town be subjected to a Tax of one half 
peny per Acre per Annum for the space of three years next coming to 
support the publick Worship of God in said Town. \_Passed October 12. 



CHAPTER 218 



Legislative 
Records of the 
Council, xiv., 
177. 

House Jour- 
nal, pp. 94, 95. 



RESOLVE ALLOWING £10 TO JABEZ AGAMONT. 

A Petition of Jabez Agamont of E'almouth Indian Praying for some 
Allowance from this Court on the account of his Fathers being wounded 
by the Indian Enemy in one of the former Wars at Seaconk under Cpt. 
Pearce and for the Charge he has been at for his Mother who died lately, 
being aged One hundred & twelve years. 

Read [and Accepted] & 

Resolved that the sum of Ten Pounds be allowed & paid out of the 
publick Treasury to Ezra Bourn Esq' for the use of Jabez Agamont in 
full Satisfaction of his Services within mentioned. [Passed October 12. 



> Sic. 

2 "Unimproved," in State Library copy. Legislative Records of the Council, xiv., 199. 



[2d Sess.] Province Laws {Resolves, etc.). — 1728-29. 375 

CHAPTER 219. 

RESOLVE ALLOWING £30 TO NATH'- PEASELY. 

A Memorial of Nathaniel Peasely, of Haverhill one of the Under Legislative 
Sheriffs of tlie County of Essex, Praying that this Court would further couucH, xfv!|'® 

enable him to prosecute an Appeal ivoxn a Judgment recovered against \^ 

him at an Inferior Court held at Portsmouth in the Province of New House Jour- 
Hampshire in Septem' last by one John Adams for doing the Duty of ^An}}]'\!rm, 
his Oliice, as is set forth in his former Petition to this Court. '^h''^- 1^- 

Read & 

Resolved that the sum of Thirty Pounds be allowed & paid out of the 
publick Treasury to the Memorialist Nathaniel Peasely, to enable him 
to prosecute the Appeal within mentioned, & to retain Council learned 
in the Law for the Purpose, the said Peasely to be accountable for the 
said Sum. \_Passed October 16. 



CHAPTER 220. 

ORDER DIRECTING THE SHERIFF OF SUFFOLK TO OBTAIN SECURITY 
PENDING SETTLEMENT OF A SUIT. 



A Petition of Cpt. Benjamin Edwards Thomas Dagget & Eben- Legislative 

" "30ft 

. xlv.. 



ezer Hough all of Boston Merchants Shewing that they brought their councif xi*^^ 



Action against Susannah Almy Wife of Joshua Almy & his Attoi'- I 
ney, to be heard at the next Inferior Court of Common Pleas, for House Jour 
obliging the said Joshua Almy to render an Accompt of Sales of the ^'^^' ^' ^^' 
Brigantiue Susannah in her late Voyage to Martineco, which was con- 
signed to the said Joshua Almy, Amounting to above the sum of 
£1,100 And forasmuch as the said Almy had recovered £108. 5 of 
the Petitioners for Wages that the same may be stop'd in the Sheriffs 
hands to answer such Judgment as they may obtain ag'' the said 
Joshua Almy or that the said Susannah may be obliged to refund the 
same or such part thereof as they shall recover on their present Suit. 

Read & 

Ordered that the Prayer of the Petition be granted, & that the Sheriff 
of the County of Suffolk be & hereby is directed before he pays the One 
hundred & eight Pounds five shillings within mentioned, to take suffi- 
cient Security of the said Susannah Almy Attorney &c for her paying 
back or refunding to the Petitioners the said sum of One hundred & 
eight Pounds five shillings or so much thereof as they may recover 
against the said Joshua Almy upon their Suit now commenced, to be 
heard at the next Inferior Court of Common Pleas to be held at Bos- 
ton for the County of Suffolk ; Any Law, Usage or Custom to the con- 
trary notwithstanding. \^Passed October 19. 



CHAPTER 221. 

ORDER IMPOWERING SUSAN. SCALES TO CONVEY LAND. 

A Petition of Susannah Scales of North Yarmouth Relict Widow & Legislative 
Administ" of William Scales Dec'^ Shewing that her said Husband bought councu! xiv.^® 
of Sampson Salter of Boston Cooper Two hundred & forty nine Acres ^Jh '_ 



376 



Province Ijaws {Besolves, etc.). — 1728-29. [Chaps. 222-224.] 



House Jour- 
nal, ji. yy. 



of Laud lying in Noi'th Yarmouth ufoie said, the Title of which is likely 
to be contested in the Law ; & forasmuch as the Committee are willing 
to grant her & the Children of the said William Scales an Equivalent of 
Land in case she reconvey the above mentioned 249 Acres to the said 
Salter Therefore Praying that she may be impowered to make such Con- 
veyance of the said Land to the said Sampson Salter accoixlingly. 

Read & 

Ordered that the Prayer of the Petition be granted And the Petitioner 
Adminisf as aforesaid is impowered & enabled to convey back the Land 
bought by her said Llusband to the said Sampson Salter that so she as 
well as her said Children may reap the Advantnge proposed ; Any Law, 
Usage or Custom to the contrary notwithstanding. [_Passed October 19. 



CHAPTER 222 



RESOLVE ALLOWING £35. 11. 3 TO SHEK. WINSLOW. 



Legislative 
Records of the 
Council, xiv., 
180. 

House Jour- 
nal, p. 98. 
Ante, p. 37.3, 
chap. 213. 



An AccoMi'T presented by Edward AVinslow Esq"" of P^^xpences for 
the Entertaiiim' on the Kings Coronation Day, by Order of the Gov- 
ernor & Council, Amounting to the sum of £35. 11.3. 

Read & 

Resolved that the sum of Thirty five Pounds eleven shillings & three 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ant Edward Winslow Esq'' to be by him repaid to whom the same is 
respectively due in full discharge thereof. [^Passed October 22. 



CHAPTER 223. 



ORDER ALLOWING 40/ TO LYDIA PERKINS. 



Legislative 
Records of the 
Council, xiv., 
180. 

House Jour- 
nal, p. 101. 



A Petitiox of Lydia Perkins of Boston, Praj'ing that she may be 
allowed for a Eorty shilling Bill of Credit of this Province, which 
accidentally drop'd out of her hand into the Fire, & was consumed to 
Ashes. 

Read & 

Ordered^ that the Praj'er of the Petition be granted, & that the Treas- 
urer be directed to deliver the Petition"' a Forty shilling Bill accordingly, 
she having made Oath to the Truth of the Fact. l_Passed October 22. 



CHAPTER 224 



ORDER IMPOWERING JOS. EPHRAIM TO SELL LAND. 



Legislative 
Records of the 
Council, xiv., 
ISO. 

House Jour- 
nal, p. 102; 
p. 16 (April, 
1729). 



A Petition of Joseph Ephraim of Natick Indian Praying that this 
Court would enable him to make Sale of about eighteen Acres of Land 
lying in the said Town, & the Produce thereof to be employed for the 
building & finishing a Dwelling house he has begun for his Sou. 

Read & 

Ordered that the Prayer of the Petition be granted, And M"" John 

> " Resolved," in the House Journal. 



[2u Sess.] Province Laws (i?e.so??;e-s, ete.). — 1728-29. 377 

Death ' is desired to take Care that the Laud be sold for tlie full Value 
aud the Produce thereof be laid out according to the Proposal in the 
Petition. [Passed October 24.'^ 



CHAPTER 225. 

ORDER ON SETH BABBETS PETITION FOR AUTHORITY TO SELL LAND. 

A Petition of Seth Babbet Adminisf to the Estate of Timothy Legislative 
Cooper of Easton in the County of Bristol Dec'' Intestate, Shewing councu.xlv 
that the Debts of the Deceased Amount to £149. 9. 10 more than his i'^"- , 



personal Estate Praying the Authority of this Court for his making House Jour- 
Sale of so much of the real Estate as will be sufHcient to discharge "'^ ■ ^• 
the Debts due from the Estate. 

Read & In answer to this Petition, 

Voted that the Justices of the Superior Court of Judicature, or any 
three of them, be & hereby are impowered to grant the Prayer of the 
Petition at Boston as-soon as conveniently may be, as fully & in the 
same manner as tho the said Court were sitting in the County of Bris- 
tol, that so the Records & Sale may be lodged in the Files of the said 
Court, as by Law is directed ; Any Law, Usage or Custom to the con- 
trary notwithstanding. \_Passed October 24.'^ 



CHAPTER 226. 

RESOLVE ALLOWING £6 TO CPT. STEP. EASTWICK. Legislative 

Records of tlie 
Council, xiv., 

Resolved that the sum of Six Pounds be allowed & paid out of the ^^ 

publick Treasur}' to Cpt. Stephen Eastwick in full for his Time, Trouble House Jour- 
& Expence in visiting & viewing the Repairs at Fort Mary at Winter "^l^el^p^'seo, 
Harbour. [Passed October 31. cW-ns- 



CHAPTER 227. 

RESOLVE ALLOWING £200 FOR BUILDING A TRUCK HOUSE ON SACO 

RIVER. 

Resolved that the sum of Two hundred Pounds be allowed & paid o°^'®!f!'"^f *j, 
out of the publick Treasury to Elisha Plaisted Esq"" to be by him repaid councir, xiv., 
to Cpt. James Grant of Berwick, & by him to be used & disposed of in ?^^- 



building & finishing the Truck house at Saco River erected by Order of ^^^^i^^f f,^^" 
this Court, The said Grant to be accountable for the said sum. [Passed Ante, p. 279, 
December 14. cuap.iis. 

1 The House Journal reads, " D'Aeth." 

2 According to the House Jotirnal, p. 102, the House of Representatives non-concurred 
in this action, but at the next session, on April 11 (p. 16, April, 1729), passed the vote 
granting the petition and sent the same up for concurrence. But the State Library copy, 
Legislative Records of the Council, xiv., 202, agrees with the Secretary's record in stating 
concurrence on October 22, and consent of the Governor. Neither of these two records 
contains any reference to the subject in the following April. 

3 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is October 22. 



378 



Province Laws {Besolves,elc:). — H2^-2i). [Chaps. 228, 229.] 



CHAPTER 228. 



Legislative 
Records of tlie 
Council, xiv., 
201. Maps aud 
Plans, Mis., 
vi., 82. 

Maps and 
Plans, Mis., 
vi., 32. House 
Journal, p. 123. 
Ante, p. 325, 
chap. 71. 
Infra, chap. 
229. 



VOTE CONFIRMING LAND ACCORDING TO PLAN OF THE FIRST NARRA- 

GANSET TOWN. 

A Plan given in by Major John Chandler, M' Edwarcl Shove, & M- 
John Hobson a Committee of the Court, describing a Tract of Land, 
Containing Twenty three thousand, two hundred & eight}' six Acres, 
two Roods & ten Perch without Allowance for the Pond, which is sup- 
posed to contain at least two hundred & forty six acres two roods & 
ten perch ; the Residue (being 23,400 Acres) is the Contents of six 
miles square, & laid out in as regular a Figure as the Land would 
admit of, for one of the Towns granted by the General Court at their 
Session held the 29"^ of May 1728, to the Narraganset Soldiers, sur- 
veyed by the Assistance of M' Jonas Houghton Survey"" & four Chain 
men all upon Oath ; Which Land lies adjoining to the Towns of Rut- 
land & Lunenburgh additional Grant ; &. else where adjoins to Prov- 
ince Land. 

Read and Accepted and 

Fbied That the Land protracted and described in the within plann^ 
be and hereby is confirmed to the Ollicers and Soldiers belonging to 
this Province, who were in the Service of their Countrey in the late 
Naraganset War, and to their Heirs and Assigns or lawful! Represent- 
atives, provided it exceeds not the Quantity of Land with in mentioned, 
nor interferes with any other or former Grant of this Court, provided 
also they comply with the Conditions mentioned in the said Vote of 
7"' of June for Setling the said Town. \_Fassed December 18. 



CHAPTER 229. 



Legislative 
Records of the 
Council, xiv., 
201. Maps 
and Plans, 
Mis., vi., 31. 

Maps and 
Plans, Mis., 
vi.,31. Legis- 
lative Records 
of the Council, 
xiv., 80. House 
Journal, p. 123. 
Supra, chap. 
228. 



VOTE CONFIRMING LAND ACCORDING TO PLAN OF THE 2'' NARRA- 
GANSET TOWN. 

A Plan given in by Major John Chandler, ]\P Edw^ard Shove, and M' 
John Hobson, a Committee of the Court, describing the Bounds of Land 
by them laid out for the other of the two Towns granted by the General 
Court at their Session in May 1728, to the Narraganset Soldiers lying 
on Sohegan River «& adjoining thereto on the South ; the East Part of 
it being about four or five Miles AVestward of Merrimack River, & near 
the East end of the late proposed Line of Towns, between Dunstable & 
Northfield ; the whole containing 24,457 Acres ; of which 1,417 is more 
than the Contents of six miles square, Surveyed by the Assistance of 
Jonas Houghton Surveyor and Chain men, All of them being under Oath. 

Read and Accepted and 

Voted That the Land protracted and described in the within plann' 
be and hereby is confirmed to the Officers and Soldiers belonging to 
this Province, who were in the Service of their Countrey in the late 
Naraganset War, and to their heirs and Assigns or lawfull Represent- 
atives, provided it exceeds not the Quantit}' of Land within mentioned, 
nor interferes with any other or former Grant of this Court, provided 
also they comply with the Conditions mentioned in the said Vote of 
7"' June for Setling the said Town. \^Fassed December 18. 



• This afterwards became Westminster. 
" This afterwards became Amherst, N. H. 



[2d Sess.] Province Laws {Resolves, etc.). — 1728-29. 379 



CHAPTER 230. 

RESOLVE ALLOWING £109. 13. 1 TO THE COMMtee fqR THE NARRA- 

GANSET TOWNS. 

An Accompt presented by Major John Chandler of the Committees Legislative 
Time & Expenee in laying out Laud for two Towns, granted to the coimcH^, xh"',^ 
Narraganset Soldiers, Amounting to £109. 13. 1. 20^- 

[Read and Accepted and] House .lour- 

Resoloed that the sum of One hundred & nine Pounds thirteen shil- j^nie^il.^sis, 
lings & one penv be allowed & paid out of the publick Treasury to chap. 228. 

SUD Td CD 8.D • 

Major John Chandler to be by him [paid] ^ to whom the same is re- 229. 
spectively due in full discharge thereof. \_Passed December 18. 



CHAPTER 231. 

VOTE ACCEPTING REPORT OF Y^ SURVEY OF TANTINSQUES BELONG- 
ING TO THE HEIRS OF WAIT WINTHROP ESQ" DEC". 

PuRSUAXT to an Order of the General Assembly of the 17*' of June Legislative 
1728, We have reformed the Survey of Ten thousand two hundred & councif xu*!*^ 
forty Acres of Land at Tantinsques or the Black Lead Mines, being 202. Maps and 
of the Contents of four miles square, belonging to the Heirs of the vi.', 33'. ' 
late Hon''^'^ Major General Wlnthrop Dec^ & have laid it out in a square Maps aud 
Figure, Including said Mine, as the subsequent Map shews. The prick'd Plans, Mis., 
Line A b was the East Bounds of Brimfield new Grant : The Survey, as House .Jour- 
now made, extends Westward one mile & an half into said Grant ; viz ^llf'-}'^^- 
the dark Line c — d, It bounds South on the Colony Line, West on Brim- chap! 22. 
field North, partly on BrimfiekP & partly on Province Land ; & East on l!^^"'''^^' 
Province Laud ; And as we judge is a full Equivalent for his formei 
Survey. 

i Sam'' Thaxter 
\ Tho. Tilestone 
(^Jn° Chandler Jun"* 
Read and Accepted and 

Voted That the Lands delineated and described in the within Plaun 
be and hereby are confirmed to the Heirs of the late Honourable Waite 
Winthrop Esq'" deceased accordingly. \_Passed December 18. 



CHAPTER 232. 

RESOLVE ALLOWING £21. 11. 3 TO THE COMM'^'^^s ^.CC^ OF THE CHARGE 
OF LAYING OUT LANDS AT TANTINSQUES. 

An Accompt presented' by Samuel Thaxter Esq"" of the Committees Legislative 
Time & Expenee in laying out the Lands at Tantinsques to the Heirs council^ x^v!^^ 
of Waitstill Winthrop P^sq'' Amounting to the sum of £21. 11.3. 202. 

Read & House Joiir- 

Resolued that this Ace' be Accepted & that the Town of Brimfield ""pra, chap. 

231. 
' Inserted from the State Library copy, Legislative Records of the Council, xiv., 228. 

2 The House Journal reads, " 7<A of Jime last," the date under which the committee 
was appointed. See ante, p. 307, chap. 22. 

3 The words- "North, partly on Brimfield" are supplied from the State Library copy, 
Legislative Records of the Council, xiv., 228. 



380 



Province Laavs {Resolves, etc.). — 1728-20. [Chaps. 233-235.] 



& the Heirs of the late Hon''''^ Wait Winthrop Esq-" Dec*^ do pay in 
equal Moieties or Halves the said sum of Twenty one Pounds eleven 
shillings & three pence to Samuel Thaxter Esq"^ to be by hmi repaid 
to whom it is due in full discharge thereof. \_Passed December 18. 



Legislative 
Records of the 
Council, xiv., 
203. 

House Jour- 
nal, p. 124. 



CHAPTER 233. 

RESOLVE ALLOWING £23. 2. 6 TO BART. GREEN & SA^I'- KNEELAND. 

An Accompt presented by Mess" Bartholemew Green & Samuel 
Kneeland of the Charge of Printing the Votes of the House of Rep- 
resent™^ pass'd at the Session held the 29'^ of May 1728, together 
with Paper for the same, Amounting to the sum of £23. 2. 6. 

[Read and] 

Resolved that the sum of Twenty three Pounds two shillings & six 
pence be allowed & paid out of the publick Treasury to the Accompt- 
ants Bartholemew Green & Samuel Kneeland in full discharge thereof. 
[_Passed December 18. 



CHAPTER 234. 

RESOLVE ALLOWING PAYMENT OF THE MUSTER ROLL OF THE GAR- 
RISON AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xiv., 
203. 

House Jour- 
nal, p. 126. 



A Muster Roll of the Company or Garrison in his Majestys Ser- 
vice at Castle William under the Command of the Hon'''*" William 
Dumuier Esq"" Containing an Accompt of Wages due to them for 
their Service from the 20"' Day of May 1728, to the 17"' of Novem'' 
following, Amounting to the sum of £403. 8. 2. 

[Read and Accepted and] 

Resolved that the sum of Four hundred & ninety three Pounds eight 
shillings & two pence ' be allowed & paid out of the publick Treasury 
to the Hon^^'' William Dummer Esq"" & the other Ollicers & Soldiers 
born on the within Roll, to whom the same is respectively due in full 
discharge thereof. \_Passed December 19. 



CHAPTER 235. 



Legislative 
Records of the 
Council, xiv., 
203. 

House Jour- 
nal, p. 120. 
Ante, p. 301, 
chap. 7. 



RESOLVE ALLOWING £179. 1. 11 TO LIEUT JOHN LARRABEE FOR VICT- 
UALLING THE GARRISON AT CASTLE WILLIAM AND FURTHER AD- 
VANCING HIM £200. 

An Accompt presented by M' John Larrabee of the Charge of Vict- 
ualling the Garrison at his Majestys Castle William, the Hon''''' William 
Dummer Esq' Commander from the 20"' day of May 1728, to the 17"' 
of Novem"" following Amounting to the sum of £379. 1. 11 whereof £200 
was advanced out of the publick Treasury to the said John Larrabee, 
Ballance remaining due is £179. 1.11. 

Read & 

Ordered that this Accompt be accepted, & 

Resolved that JNI'" Treasurer Allen be directed to pay unto the said 

> The House Journal reads, £493. 8. 8, 



[2d Sess.] Province Laavs (i?e.s-o?^;e.s, e^c.). — 1728-29. 381 

John Lan-abee the Aceomptant, the Ballance thereof being One hun- 
dred & seventy nine Pounds one shilling & eleven penee, to discharge 
the same ; And further to enable the said .John Larrabee to victual the 
said (iarrison according to the last Establishm' that the sum of Two 
hun(h-ed Pounds be advanced to him out of the publick Treasury, he 
giving Security to the Treasurer for Accompting for the same. \_Passed 
December 19. 



CHAPTEK 236. 

RESOLV